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Fire and Emergency New Zealand Act 2017

Levy - Notice of levy shortfall process and adjudication - Statements of position

124: Deemed acceptance of FENZ’s statement of position

You could also call this:

"If you don't respond to FENZ on time, it's like you agreed with them."

Illustration for Fire and Emergency New Zealand Act 2017

If you do not give Fire and Emergency New Zealand (FENZ) your statement of position within the time frame set out in section 123(1), you will be treated as if you accepted FENZ's statement of position. This rule does not apply if someone else gives FENZ a statement of position on time. It also does not apply if something outside your control stops you from giving a statement of position on time and you have a good reason for not doing so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7073023.

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123: Respondent’s statement of position, or

"Tell FENZ your side of the story and the laws you will use."

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

"FENZ can send a new notice to someone who might need to pay a levy penalty."

Part 3Levy
Notice of levy shortfall process and adjudication: Statements of position

124Deemed acceptance of FENZ’s statement of position

  1. A respondent who does not provide a statement of position to FENZ within the period specified in section 123(1) must be treated as having accepted FENZ’s statement of position.

  2. Subsection (1) does not apply if—

  3. another respondent provides a statement of position to FENZ within the period specified in section 123(1); or
    1. because of an event or circumstance beyond the respondent’s control, the respondent has a reasonable justification for not providing a statement of position within the period specified in section 123(1).