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Financial Markets Conduct Act 2013

Regulations, transitional provisions, and miscellaneous provisions - Regulations

552: Miscellaneous provisions relating to fees and charges

You could also call this:

"Rules about paying fees and charges, and when you might get a refund"

Illustration for Financial Markets Conduct Act 2013

When you have to pay a fee or charge, regulations can let the person you pay decide to give you a refund or not make you pay it. They can choose to do this for you or for a group of people like you. The person can also say you have to pay the fee or charge before they do something for you.

If you do not pay a fee or charge, the person you owe it to can take you to court to get the money. You can be made to pay the fee or charge like you would pay a debt.

Regulations can also let a person give refunds or not charge fees to a group of people, and if they do, they have to follow certain rules, like saying so in the regulations, and the instrument granting the refund or waiver is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements). This subpart does not limit section 67 of the Financial Markets Authority Act 2011.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091813.

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551: Miscellaneous provisions relating to exemptions, or

"Rules about when exemptions from other rules do and don't apply"

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552A: Validation of fees used to recover costs of other Companies Office registers, etc, or

"Fees you pay to the Companies Office are valid and help cover costs of other services."

Part 9Regulations, transitional provisions, and miscellaneous provisions
Regulations

552Miscellaneous provisions relating to fees and charges

  1. Regulations may authorise a person to whom a fee or charge is payable to refund or waive, in whole or in part and on any conditions that may be prescribed, payment of the fee or charge in relation to any person or class of persons.

  2. A person to whom a prescribed fee or charge is payable may refuse to perform a function or exercise a power until the prescribed fee or charge is paid.

  3. Any fee, charge, or other amount payable to a person under this Act is recoverable by the person in any court of competent jurisdiction as a debt due to the person.

  4. This subpart does not limit section 67 of the Financial Markets Authority Act 2011.

  5. If regulations authorise a person to grant a refund or waiver to a class of persons,—

  6. the instrument granting the refund or waiver is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
    1. the regulations must contain a statement to that effect.

      Notes
      • Section 552(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).