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Fire and Emergency New Zealand Act 2017

Levy - Notice of levy shortfall process and adjudication - Notice of levy shortfall and notice of response

119: Deemed acceptance of notice of levy shortfall

You could also call this:

"If you don't respond to a levy shortfall notice on time, you might be seen as agreeing to the amount you owe."

Illustration for Fire and Emergency New Zealand Act 2017

If you do not send a notice of response to Fire and Emergency New Zealand within the time period stated in section 118(1), you are treated as accepting the amount you owe as stated in the notice of levy shortfall. You are only treated as accepting the amount if no other respondent sends a notice of response within the time period and you do not have a good reason for not sending one. If something outside your control stops you from sending a notice of response, you may not be treated as accepting the amount.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7073017.

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118: Notice of response, or

"Telling FENZ what you think is wrong with a notice"

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120: FENZ may provide new notice of levy shortfall to add respondent, or

"FENZ can send a new notice if someone else should pay a levy shortfall penalty."

Part 3Levy
Notice of levy shortfall process and adjudication: Notice of levy shortfall and notice of response

119Deemed acceptance of notice of levy shortfall

  1. If a respondent does not provide a notice of response to FENZ within the period specified in section 118(1), the respondent must be treated as having accepted the respondent’s liability as set out in the notice of levy shortfall.

  2. Subsection (1) does not apply if—

  3. another respondent provides a notice of response to FENZ within the period specified in section 118(1); or
    1. because of an event or circumstance beyond the respondent’s control, the respondent has a reasonable justification for not providing a notice of response within the period specified in section 118(1).

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