Building Societies Act 1965

Miscellaneous provisions

137A: Validation of fees used to recover costs of other Companies Office registers, etc

You could also call this:

“Making sure fees for government services were okay to use for other things”

This section talks about fees that were charged for different government registers and services up to 30 June 2022. You should know that:

The government says these fees are valid, even if they were used to pay for other services. This means:

  1. If you paid a fee for one service, but the money was used to run a different service, that’s okay.

  2. The fees that were collected are legally allowed, and the government can keep using them.

  3. This applies to fees for many different government services, like companies, charities, and financial services.

  4. The government can keep using these fees after 1 July 2022 to pay for running these services.

  5. When they talk about fees, they also mean any extra charges if you paid late.

  6. The ‘Companies Office’ is the part of the government that collected these fees. It has been part of different government departments over the years.

This law is making sure that the way the government collected and used these fees is okay, even if the money was used for different services than what you originally paid for.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=LMS698210.


Previous

137: Regulations, or

"Rules for how building societies work and what they need to do"


Next

138: Filing of rules of existing societies with District Registrars of Companies, or

"Sending society rules to local company offices"

Part 9 Miscellaneous provisions

137AValidation of fees used to recover costs of other Companies Office registers, etc

  1. This section applies to a fee—

  2. that—
    1. is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4) or any regulations made under any of those Acts; and
      1. was (or is or will be) used in whole or in part to recover the costs or a share of the costs of the Registrar in operating 1 or more registers under this Act or in exercising or performing any other powers, functions, and duties of the Registrar under this Act or any regulations made under this Act; or
      2. that—
        1. is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and
          1. was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5) or in exercising or performing the powers, functions, and duties of a Registrar under any of those Acts or any regulations made under any of those Acts.
          2. The fee is and always has been validly imposed.

          3. Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—

          4. is and always has been lawfully collected and applied; and
            1. may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii).
              1. The Acts are—

              2. the Auditor Regulation Act 2011:
                1. the Companies Act 1993:
                  1. the Financial Markets Conduct Act 2013:
                    1. the Financial Reporting Act 1993:
                      1. the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
                        1. the Friendly Societies and Credit Unions Act 1982:
                          1. the Incorporated Societies Act 1908:
                            1. the Insolvency Practitioners Regulation Act 2019:
                              1. the Limited Partnerships Act 2008:
                                1. the Personal Property Securities Act 1999:
                                  1. the Retirement Villages Act 2003:
                                    1. the Securities Act 1978.
                                      1. The Acts are—

                                      2. the Auditor Regulation Act 2011:
                                        1. the Charitable Trusts Act 1957:
                                          1. the Companies Act 1993:
                                            1. the Financial Markets Conduct Act 2013:
                                              1. the Financial Reporting Act 1993:
                                                1. the Financial Reporting Act 2013:
                                                  1. the Financial Service Providers (Registration and Dispute Resolution) Act 2008:
                                                    1. the Friendly Societies and Credit Unions Act 1982:
                                                      1. the Incorporated Societies Act 1908:
                                                        1. the Incorporated Societies Act 2022:
                                                          1. the Industrial and Provident Societies Act 1908:
                                                            1. the Insolvency Practitioners Regulation Act 2019:
                                                              1. the Limited Partnerships Act 2008:
                                                                1. the New Zealand Business Number Act 2016:
                                                                  1. the Personal Property Securities Act 1999:
                                                                    1. the Retirement Villages Act 2003:
                                                                      1. the Securities Act 1978.
                                                                        1. In this section,—

                                                                          Companies Office means the division or part of each of the following departments (formerly or currently in existence) that collected or collects fees under this Act or any of the Acts listed in subsections (4) and (5):

                                                                          1. the former Department of Justice:
                                                                            1. the former Ministry of Commerce:
                                                                              1. the former Ministry of Economic Development:
                                                                                1. the Ministry of Business, Innovation, and Employment

                                                                                  fee

                                                                                  1. includes any penalty or overdue fee imposed, or interest charged, in respect of an unpaid or overdue fee; and
                                                                                    1. in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.

                                                                                    Notes
                                                                                    • Section 137A: inserted, on , by section 7 of the Companies Office Registers Funding Validation Act 2022 (2022 No 27).