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Companies Act 1993

Miscellaneous

407: Matters to which Minister must have regard

You could also call this:

“What the Minister considers when setting fees”

When the Minister thinks about making new rules about fees, they need to consider two important things. First, they must think about why the fees are being charged. This reason is explained in another part of the law called section 404. Second, they need to make sure the fees are not too high. The fees should only cover two things: the costs for the Registrar to do their job (but only the part of the costs that the Minister has decided should be paid for by fees), and the costs of collecting the fees. The Minister decides how much of the Registrar’s costs should be paid for by fees in section 405(3). The Minister needs to be careful not to set the fees higher than these costs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS791485.

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Part 22 Miscellaneous

407Matters to which Minister must have regard

  1. Before recommending the making of regulations under section 405, the Minister must have regard to the following matters:

  2. the purpose of imposing levies set out in section 404:
    1. levies should be set at a level to recover no more than—
      1. the portion of costs set by the Minister under section 405(3) in relation to the costs of a Registrar performing or exercising their functions, duties, and powers under any of those Acts; and
        1. the costs of recovering the levy moneys.

        Notes
        • Section 407: inserted, on , by section 4 of the Companies (Levies) Amendment Act 2022 (2022 No 70).