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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Payment of statutory debt

217: Services may be withdrawn until debt paid

You could also call this:

"No service if you don't pay what you owe"

Illustration for Food Act 2014

If you owe money to the government for a service, the chief executive might stop providing that service to you. This can happen if the chief executive is sure that you really owe the money and you have not paid it after a certain amount of time. You will get a written notice saying that the service will stop if you do not pay the debt within 20 working days, unless the chief executive agrees that you do not have to pay it.

The chief executive must check that the debt is correct and that the time to pay it has run out before sending you the notice. If 20 or more working days pass after you get the notice and you still have not paid, the chief executive can stop providing the service. You can find more information about the time to pay the debt in section 215(4).

If the service is stopped, it will not start again until a court decides that you have paid the debt, or that you do not have to pay it, or that you have to pay a smaller amount and you pay that amount. The chief executive will wait for the court's decision before providing the service again.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996329.

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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Payment of statutory debt

217Services may be withdrawn until debt paid

  1. If the chief executive is satisfied under subsection (2), he or she may give written notice to the person liable to pay the statutory debt stating that service of the kind to which the debt relates may be withdrawn or no longer provided to the person unless—

  2. the debt is paid within 20 working days; or
    1. the chief executive agrees that the debt or part of the debt is not payable.

      1. The chief executive must be satisfied that—

      2. a statutory debt has been correctly calculated; and
        1. the time provided by or under this Act (or by section 215(4)) for the debt’s payment has expired; and
          1. the debt has not been paid.

            1. The chief executive may withdraw or refuse to provide the service concerned if—

            2. 20 or more working days have expired since the chief executive gave any person notice under subsection (1); and
              1. the person concerned has not—
                1. paid the statutory debt or part of the statutory debt concerned; or
                  1. satisfied the chief executive that it is not payable.

                  2. If the chief executive has withdrawn or refused to supply a service under subsection (3), the chief executive is not required to reinstate or supply it until a court holds that—

                  3. the debt or part of the debt concerned is paid; or
                    1. the debt or part of the debt is not payable; or
                      1. some lesser amount is payable, and the amount is so paid.