Plain language law

New Zealand law explained for everyone

Animal Products Act 1999

Cost recovery

115: Cost recovery to relate generally to a financial year

You could also call this:

"Charges and fees usually apply for a whole year and can be changed or backdated."

When you pay a fee, charge, or levy, it usually applies for a whole financial year. The rules for these fees are made before the start of the year. They stay the same every year until they are changed or stopped.

If the fee, charge, or levy is changed during the year, it might be because it is being reduced or removed. Sometimes a new fee, charge, or levy is introduced, or an existing one is increased. In these cases, the people who will be affected are consulted, and the Minister must be satisfied that they agree with the change.

You can be charged for a fee, charge, or levy in one year to make up for a shortfall from a previous year. This can happen for up to four years after the shortfall occurred. If too much was charged in previous years, an allowance can be made for that too.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM35720.

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114: Methods of cost recovery, or

"How the government gets back the money it spends on animal product services"

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115A: Application of section 115(1) to assurances in respect of export licences issued under Dairy Industry Restructuring Act 2001, or

"Export licences for dairy products: old rules no longer apply"

Part 9Cost recovery

115Cost recovery to relate generally to a financial year

  1. Except as provided in subsection (2), any regulations that set a fee, charge, or levy that applies in any financial year—

  2. must have been made before the start of that financial year; but
    1. except as the regulations may otherwise provide, apply in that year and all subsequent years until revoked or replaced.

      1. Subsection (1) does not prevent the alteration or setting during any financial year of a fee, charge, or levy payable in that year if either the fee, charge, or levy is reduced or removed (or restated without substantive alteration) or, in the case of an increase or a new fee, charge, or levy,—

      2. appropriate consultation has been carried out with persons or representatives of persons substantially affected by the alteration or setting; and
        1. the Minister is satisfied that those persons, or their representatives, agree or substantially agree with the alteration or setting.

          1. Subsection (1) does not prevent the amendment of any regulation setting a fee, charge, or levy if any substantive alteration effected by the amendment is for the purpose of correcting an error.

          2. Recovery may be made in any financial year of any shortfall in cost recovery for any of the preceding 4 financial years and allowance may be made for any over-recovery of costs in those years (including any estimated shortfall or over-recovery for the immediately preceding financial year).

          Notes
          • Section 115(1): amended, on , by section 143 of the Food Safety Law Reform Act 2018 (2018 No 3).
          • Section 115(2): amended, on , by section 40 of the Animal Products Amendment Act 2002 (2002 No 29).