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Companies Act 1993

Miscellaneous

408: Minister must consult

You could also call this:

“Minister must discuss proposed fees with affected groups before making new rules”

The Minister must talk to certain people before suggesting new rules about fees or charges. These people include those who represent the views of individuals or groups that will have to pay the new fees or charges. The Minister also needs to talk to other representatives of people who might be greatly affected by the new rules.

If the Minister talks to people about a specific amount for a fee or charge, or how to calculate it, the final rules can still be valid even if the amount or calculation method ends up being different.

The head of the government department in charge of this law (called the chief executive) must make sure that any proposals for new rules, including how much the fees might be, are available for everyone to see on a website.

In this part of the law, and in the next section, ‘chief executive’ means the person in charge of the government department that looks after this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS791487.

Topics:
Business > Industry rules
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407: Matters to which Minister must have regard, or

“What the Minister considers when setting fees”

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409: Review of sections 404 to 408 and levies, or

“Minister must review sections and fees within 5 years and publish findings”

Part 22 Miscellaneous

408Minister must consult

  1. Before recommending the making of regulations under section 405, the Minister must consult—

  2. the persons that the Minister considers are able to represent the views of Schedule 15 persons that will be liable to pay a levy under the proposed regulations; and
    1. any other representatives of persons who the Minister believes will be significantly affected by the proposed regulations.

      1. Regulations made under section 405 are not invalid on the grounds that the consultation carried out was about a specific rate or amount of a fee, charge, or levy, or a method of calculating or ascertaining those things, that differs from the rate, charge, or amount, or the method of calculating or ascertaining those things, set out in the regulations.

      2. The chief executive must ensure that proposals sent out for consultation (including any proposed amount of levy or method of calculating that levy) are available to the public on an Internet site maintained by or on behalf of the chief executive.

      3. In this section and section 409, chief executive means the chief executive of the department of State for the time being responsible for the administration of this Act.

      Notes
      • Section 408: inserted, on , by section 4 of the Companies (Levies) Amendment Act 2022 (2022 No 70).