182Criteria in relation to recovery of costs

1. The Minister must, in recommending to the Governor-General in Council the making of regulations under section 183(1)(e), have regard to the need to ensure that the costs of administering this Act (being costs that are justifiable and calculated in a transparent way) are recovered in accordance with the principles of equity and efficiency.

2. For the purposes of subsection (1), the costs of administering this Act do not include those costs that are recovered in departmental revenue (within the meaning of the Public Finance Act 1989) generated by the Ministry from the Crown.

3. In determining appropriate mechanisms (to be recommended for inclusion in regulations made under section 183(1)(e)) for the recovery of costs of a particular function or service, the Minister must ensure that those mechanisms will result in the recovery of any amount by which the sum of—

4. the costs of the function or service in a 2-year period; and
5. any shortfall in the recovery of the costs in the preceding 2-year period—
exceeds any over-recovery of costs in respect of the preceding 2-year period.

6. Regulations made under section 183(1)(e) may provide for the recovery of the costs of administering this Act and of performing the powers, duties, and functions conferred or imposed by or under this Act by 1 or more of the following methods:

7. fixed charges:
8. charges fixed on an hourly or other unit basis:
9. estimated charges paid before the provision of the service or performance of the function followed by reconciliation and an appropriate payment or refund after provision of the service or performance of the function:
10. actual and reasonable charges:
11. refundable or non-refundable deposits paid before provision of the service or performance of the function:
12. charges imposed on users of services or third parties:
13. liens on property in the possession of the Crown.