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Animal Products Act 1999

Cost recovery

118: Regulations may impose levies

You could also call this:

"The government can create rules that make people pay a fee for certain animal products or activities."

Illustration for Animal Products Act 1999

The Governor-General can make regulations that require people to pay levies for certain things under the Animal Products Act 1999. You might have to pay a levy if you are registered or listed under certain parts of the Act, like Part 2 or 5. The regulations can say how much you have to pay and when. The regulations can also say different levies for different people or businesses. You might have to pay a levy for some animal products or materials. The Minister has to be satisfied that certain requirements are met before recommending the regulations. The regulations can say how levies are paid and who is responsible for collecting them. They can also say how disputes about levies are sorted out. The regulations must be confirmed by an Act and are secondary legislation, which means they have to follow certain rules, as outlined in the Legislation Act 2019. The Minister cannot recommend regulations unless they are satisfied that the requirements of sections 113 and 115 have been met. Regulations can prescribe a formula for determining a levy, and the formula may specify the value of its components as notified by the Director-General under section 167(1). Regulations under this section must be confirmed by an Act, as outlined in subpart 3 of Part 5 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=DLM35725.

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117: Fees and charges to be prescribed by regulations, or

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

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119: Trust accounts required to be kept by persons collecting levies, or

"People who collect levies must keep a special separate bank account for that money."

Part 9Cost recovery

118Regulations may impose levies

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing levies for the purposes of this Act, including levies 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).

  2. Different levies or rates of levy or bases on which an amount of levy is to be calculated or ascertained may be prescribed for different purposes, and different levies or rates of levy or bases for calculation may be set for different classes or descriptions of animal material, animal products, persons or businesses, operations, or other matters, or any combination of them.

  3. Without limiting the generality of subsection (1), regulations imposing levies may—

  4. specify when and how any levy is to be paid:
    1. require that any levy, or estimated amount of levy, be paid in advance of performance of the services or functions to which it relates:
      1. specify persons, other than persons primarily responsible for paying the levy, who are to be responsible for collecting a levy, and provide for retention of any part of the levy money collected as a fee for that service:
        1. require, or empower the Director-General to require, the provision of information and returns in relation to levies:
          1. require the keeping of separate trust accounts for levy money received or deducted by persons responsible for collecting levies, and prescribe matters in relation to such trust accounts:
            1. prescribe a method of arbitration or mediation in the case of disputes as to—and provide for related matters, including procedures and remuneration for arbitrators or mediators.
              1. whether or not any person is required to pay, or collect, the levy concerned; or
                1. the amount of levy any person is required to pay or collect;—

                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. Where regulations prescribe a formula for determining a levy, 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).

                4. Regulations under this section—

                5. are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
                  1. must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

                    Notes
                    • Section 118(1): replaced, on , by section 146(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
                    • Section 118(5): inserted, on , by section 146(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
                    • Section 118(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).