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Fisheries Act 1996

Cost recovery

265: Under-recovery and over-recovery of costs

You could also call this:

"The Minister checks if too much or too little money was collected for fisheries services."

Illustration for Fisheries Act 1996

When the Minister recommends making an order about costs, they must think about the costs of conservation services or fisheries services from the previous year. These are costs that were not paid back, or not paid back fully, by a fee or charge. The Minister must also think about costs that were paid back too much, or more than once, by a fee or charge. The Minister can only think about costs they have not considered before. The Minister does this when following section 264, but also considering section 265A. You need to know the Minister is making a decision about costs. The Minister's decision is about how much money the Crown spent on services.

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Topics:
Environment and resources > ConservationEnvironment and resources > Farming and fishingMoney and consumer rights > Taxes
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264: Levies, or

"Charges for fishing and fish farming"

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265A: Recommendation for levies payable in year commencing 1 October 2003 and subsequent years, or

"The Minister recommends how much money fishermen must pay each year"

Part 14Cost recovery

265Under-recovery and over-recovery of costs

  1. Without limiting anything in section 264, but subject to section 265A, the Minister must, in recommending the making of an order under section 264, have regard to the costs of any conservation services or fisheries services incurred by the Crown in a previous financial year that—

  2. were either—
    1. not recovered or not recoverable, in whole or in part, by a fee, charge, or levy relating to such services that was previously imposed under this Act; or
      1. over-recovered or over-recoverable, in whole or in part, by a fee, charge, or levy relating to such services that was previously imposed under this Act; and
      2. the Minister has not previously had regard to under this section.

        Notes
        • Section 265: substituted, on , by section 9 of the Fisheries Amendment Act 2004 (2004 No 6).
        • Section 265(a)(i): amended, on , by section 23 of the Fisheries Amendment Act 2022 (2022 No 56).
        • Section 265(a)(ii): amended, on , by section 23 of the Fisheries Amendment Act 2022 (2022 No 56).