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Health and Safety at Work Act 2015

Miscellaneous provisions - Regulations, exemptions, approved codes of practice, and safe work instruments - Regulations

215: Regulations relating to levies

You could also call this:

“Rules for setting and managing work safety fees”

The Governor-General can make rules about fees called levies. These fees help pay for the work of the regulator when they give permissions under this law.

The rules can say different things about the levies:

They can set different fees for different groups of people. They can explain how to figure out the fees. They can list what’s important when setting or changing the fees. They can say how to pay and collect the fees. They can say if the people collecting the fees can keep some money to cover their costs. They can say some people don’t have to pay. They can allow for less fees or give money back in some cases.

The rules can also cover other things about the levies. This includes what information people need to give about paying fees, what happens if someone needs more time to pay, what records people need to keep, and how to solve disagreements about fees.

If the rules say some people don’t have to pay, they need to explain why.

Before making these rules, the Minister needs to get advice from WorkSafe and talk to other people as explained in section 217.

These rules are a type of law called secondary legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6544173.

Topics:
Work and jobs > Workplace safety
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Part 5 Miscellaneous provisions
Regulations, exemptions, approved codes of practice, and safe work instruments: Regulations

215Regulations relating to levies

  1. The Governor-General may, by Order in Council, made on the recommendation of the Minister, make regulations prescribing levies for the purposes of recovering the costs of the regulator that relate to its functions in respect of authorisations granted under this Act.

  2. The regulations may—

  3. prescribe different levies for different classes of persons:
    1. provide for the method by which the levies will be calculated:
      1. specify the criteria and other requirements by and against which the levies will be set or reset:
        1. provide for the payment and collection of the levy:
          1. state whether or not the persons collecting the levy are entitled to recover the cost of collection and, if the persons are entitled to do so, specify the maximum rate of collection costs:
            1. exempt any person or classes of persons from paying the levies:
              1. provide for waivers or refunds of the whole or any part of the levies:
                1. provide for any other matters that are necessary or desirable to set, calculate, administer, collect, and enforce the levies, including (without limitation),—
                  1. the returns to be made to the regulator for the purpose of enabling or assisting in the determination of the amounts of levy payable:
                    1. the circumstances in which, and conditions subject to which, persons may be allowed extensions of time for paying the levies:
                      1. the keeping and retention of accounts, statements, or records specified by the regulator for a specified period for the purpose of ascertaining whether regulations are being complied with:
                        1. the establishment of a dispute resolution process for disputes relating to levies, including the appointment of persons to resolve the disputes, the procedures to be followed by those persons, and the remuneration of those persons.

                        2. If an exemption is provided under subsection (2)(f), the reasons for it must be set out in the explanatory note of the regulations.

                        3. Before making a recommendation under this section, the Minister must—

                        4. receive advice from WorkSafe on the proposed levy; and
                          1. consult in accordance with section 217.

                            1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                            Notes
                            • Section 215(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).