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Animal Products Act 1999

Cost recovery

121: Exemptions, waivers, and refunds

You could also call this:

"When you don't have to pay a fee, or get money back, because of special rules"

The regulations can let you off paying a fee, levy, or charge, or give you some of your money back, in certain situations. You might get an exemption, waiver, or refund for a particular case or a group of cases. The Director-General can decide to give you an exemption, waiver, or refund.

If you get an exemption or waiver, it will expire after a certain date, which is no more than 5 years after it was granted. This date might be different if the exemption or waiver is part of secondary legislation, which is published under the Legislation Act 2019. The Director-General's decision to grant an exemption, waiver, or refund can be part of secondary legislation, as explained in Part 3 of the Legislation Act 2019.

If the regulations let the Director-General make these decisions, the regulations must say so. The instrument that grants an exemption, waiver, or refund is usually secondary legislation, unless it only applies to your specific case. In that case, the regulations must contain a statement about the Director-General's power to grant exemptions, waivers, or refunds.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM35728.

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"Unpaid fees and charges are debts you owe to the government."

Part 9Cost recovery

121Exemptions, waivers, and refunds

  1. The regulations may provide for exemptions from, or waivers or refunds of, any fee, levy, or charge payable under this Act, in whole or in part, in any class of case.

  2. Any such regulations may authorise the Director-General to grant an exemption, waiver, or refund in any particular case or class of case.

  3. An exemption or a waiver granted under this section expires on the date specified in it, which must not be more than 5 years after—

  4. the exemption or waiver is granted; or
    1. if the instrument granting the exemption or waiver is secondary legislation, the instrument is published under the Legislation Act 2019.

      1. If the regulations authorise the Director-General to grant an exemption, waiver, or refund under subsection (2),—

      2. the instrument granting an exemption, waiver, or refund is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless the instrument applies only to a particular case; and
        1. the regulations must contain a statement to that effect.

          Notes
          • Section 121(1): amended, on , by section 147(1) of the Food Safety Law Reform Act 2018 (2018 No 3).
          • Section 121(3): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 121(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).