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Fire and Emergency New Zealand Act 2017

Levy - Regulations relating to levy

143: Consultation about levy regulations

You could also call this:

"Talking to people about proposed fire levy rules before they are made"

Illustration for Fire and Emergency New Zealand Act 2017

The Minister must be sure that some steps have been taken before making a decision under section 142(3). You need to know that FENZ must talk to people who pay levies, policyholders, and others who might be affected by the proposed regulations. FENZ must publish a notice that describes what they plan to do and invite comments on their plans and the rates of levy. The Minister makes a decision after FENZ has done these things. FENZ must think about any comments they get from people. If FENZ does not do these things exactly right, the regulations they make under section 141 are still valid. You should look at what FENZ plans to do and what they will charge as a levy. FENZ must consider your comments if you send them in on time. The regulations are still okay even if FENZ did not consult perfectly or if the levy rate is different from what they originally planned.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6888400.

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142: Procedure for levy regulations, or

"How the government decides how much to charge for fire and emergency services"

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144: Interpretation in this subpart, or

"What special words mean in this part of the law"

Part 3Levy
Regulations relating to levy

143Consultation about levy regulations

  1. The Minister must be reasonably satisfied that subsections (2) to (4) have been complied with before the Minister makes a determination under section 142(3).

  2. FENZ must consult levy payers, policyholders, and any other persons that FENZ considers are likely to be substantially affected, or their representatives, about—

  3. the proposed regulations; and
    1. the activities that FENZ proposes to undertake in the period to which the proposed regulations relate.

      1. FENZ must publish a notice that—

      2. describes the activities that FENZ proposes to undertake in the period; and
        1. sets out the estimate of FENZ’s net costs and the proposed rates of levy; and
          1. sets out the methods and any assumptions leading to the estimate and to the proposed rates of levy; and
            1. invites written comments, to be provided to FENZ in the manner and by the date specified in the notice, on—
              1. the activities that FENZ proposes to undertake in the period; and
                1. the rates of levy.

                2. FENZ must consider any comments received under subsection (3).

                3. Regulations made under section 141 are not invalid on the grounds that—

                4. subsections (2) to (4) were not complied with before the Minister made a determination under section 142(3); or
                  1. the consultation carried out was about a specific rate or specific rates of levy that differ from the rate or rates set in the regulations.

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                    Notes
                    • Section 143(1): amended, on , by section 7(1) of the Fire and Emergency New Zealand (Levy) Amendment Act 2019 (2019 No 16).
                    • Section 143(5)(a): amended, on , by section 7(2) of the Fire and Emergency New Zealand (Levy) Amendment Act 2019 (2019 No 16).