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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

121: Next step if parties do not agree

You could also call this:

"What happens if you and FENZ can't agree on a levy shortfall?"

Illustration for Fire and Emergency New Zealand Act 2017

You get a notice of levy shortfall from FENZ. If you and FENZ do not agree on what you owe after 80 working days, FENZ may send you a statement of position. This statement says what FENZ thinks you owe. If there are other people involved, the 80 working days start from when the last person got their notice. You and FENZ can agree to go to court instead of following the usual process. If you do this, some rules about the process do not apply, like the rules in sections 122 to 130. You can look at these sections to see what rules do not apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7073019.

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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."

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122: FENZ’s statement of position, or

"FENZ's statement of position: what they plan to do and why"

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

121Next step if parties do not agree

  1. If, 80 working days after the date on which FENZ provided the notice of levy shortfall, FENZ and each respondent have not agreed on liability for the levy shortfall and on liability for any shortfall penalty, FENZ may provide a statement of position to each respondent.

  2. If there is more than 1 respondent, the date on which FENZ provided the notice of levy shortfall is the date on which FENZ provided the notice to the last respondent to receive the notice.

  3. Subsection (1) does not apply if FENZ and each respondent agree that the matter would be resolved more efficiently by being submitted to the relevant court without completion of the process set out in this subpart.

  4. If FENZ and each respondent agree to submit the matter to the relevant court under subsection (3), sections 122 to 130 do not apply.