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Animal Products Act 1999

Cost recovery

117: Fees and charges to be prescribed by regulations

You could also call this:

"How much you have to pay for Animal Products Act services and registrations is decided by regulations."

The Governor-General can make regulations about fees and charges for the Animal Products Act. You will have to pay fees for things like applying to register under Part 2 or Part 5, or for recognition under Part 8. These fees can be different depending on what you are applying for and what kind of service you need.

The fees can be worked out in different ways, as described in section 114(a) to (f). You might have to pay different fees for different things, like animal products or services. The Minister has to make sure that the fees are fair before they can be put in place.

The regulations can say how the fees will be worked out, and they can even change depending on things like how quickly you need the service. If there is a formula to work out the fee, it can include amounts that the Director-General decides, as notified under section 167(1). You can find more information about how these regulations are published in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM35723.

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116: Three-yearly review of cost recovery, or

"The Minister checks and updates animal product costs every three years to make sure they are fair."

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118: Regulations may impose levies, or

"The government can create rules that require people to pay a fee for certain animal products."

Part 9Cost recovery

117Fees and charges to be prescribed by regulations

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing fees and charges for the purposes of this Act, including fees or charges—

  2. for applications, renewals, or related matters under this Act (for example, for applications for registration under Part 2 or 5 or for applications for recognition under Part 8); and
    1. payable on an ongoing basis by a person given a particular status under this Act (for example, for ongoing registration under Part 2 or 5, for ongoing listing under Part 6, or for ongoing recognition under Part 8).

      1. The fees and charges may be prescribed using any 1 or more of the methods specified in section 114(a) to (f), or any combination of those methods.

      2. Different fees and charges, or different rates or types of fee or charge, may be prescribed in respect of different classes or descriptions of animal material, animal products, persons or businesses, operations, or other matters, or any combination of them.

      3. Without limiting subsection (3), the fees and charges prescribed may—

      4. differ depending on whether or not a special or urgent service is provided:
        1. include more than 1 level of fee or charge for the same service provided in different ways, or provided in or in respect of different places:
          1. differ for otherwise similar services provided in different ways:
            1. differ for otherwise similar services provided to different categories of person:
              1. differ depending on the amount of service required or the components of the service required for the particular person or class of person.

                1. Where regulations prescribe a formula for determining a fee or charge, the formula may specify the value of 1 or more of its components as being an amount or amounts notified for those components by the Director-General by notice under section 167(1).

                2. The Minister may not recommend the making of regulations under this section unless satisfied that, to the extent appropriate in the circumstances, the requirements of sections 113 and 115 have been met.

                3. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Notes
                • Section 117(1): replaced, on , by section 145(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
                • Section 117(2): amended, on , by section 145(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
                • Section 117(4A): inserted, on , by section 41 of the Animal Products Amendment Act 2002 (2002 No 29).
                • Section 117(4A): amended, on , by section 145(3) of the Food Safety Law Reform Act 2018 (2018 No 3).
                • Section 117(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).