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Fisheries Act 1996

Cost recovery

263: Cost recovery rules

You could also call this:

"Rules for paying costs related to fishing"

Illustration for Fisheries Act 1996

The Governor-General can make rules about levies under this Part of the law. You need to know that these rules can say what proportion of costs must be paid as levies. The rules can also say who must pay the levies and how the costs are shared. The Minister must be satisfied that the rules follow the cost recovery principles in section 262 before making a recommendation. The Minister must also think about whether people other than the government are paying for some services. The rules can be different for different groups of people or areas. A rule made under this section is secondary legislation, which means it is a type of law, and you can find out more about this in Part 3 of the Legislation Act 2019. No order made under this section is invalid just because it lets someone make a decision. These rules are important for how levies are imposed and paid.

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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=DLM399333.

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Environment and resources > Farming and fishingMoney and consumer rights > Taxes
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262: Cost recovery principles, or

"Paying for services that help you use fisheries resources"

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264: Levies, or

"Charges for fishing and fish farming"

Part 14Cost recovery

263Cost recovery rules

  1. The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, make rules relating to the imposition of levies under this Part.

  2. The rules may—

  3. prescribe the proportion of costs of conservation services and fisheries services to be recovered as levies:
    1. prescribe who must pay levies:
      1. prescribe how the costs are to be apportioned between the persons who must pay the levies.

        1. Without limiting anything in subsections (1) and (2), different rules may apply in respect of different classes of persons, stocks, quota management areas, fishery management areas, conservation services, fisheries services, or any combination of them.

        2. Before making a recommendation under subsection (1), the Minister must—

        3. be satisfied that the rules to which the recommendation relates comply with the cost recovery principles in section 262; and
          1. have regard to the extent to which conservation services or fisheries services are wholly or partly purchased or provided by persons other than the Crown.

            1. No order made under this section is invalid because it leaves any matter to the discretion of any person.

            2. A rule under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

            Notes
            • Section 263: substituted, on , by section 63 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
            • Section 263(5): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
            • Section 263(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).