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Fire and Emergency New Zealand Act 2017

Levy - Notice of levy shortfall process and adjudication - Adjudication

126: Referral for adjudication

You could also call this:

"What happens when Fire and Emergency New Zealand can't agree on who owes money"

Illustration for Fire and Emergency New Zealand Act 2017

You need to know what happens if Fire and Emergency New Zealand and the people involved cannot agree on who owes money. If they cannot agree 80 working days after Fire and Emergency New Zealand gives its statement, they must send the statements to an adjudicator. The adjudicator helps make a decision. You should know that if there is more than one person involved, Fire and Emergency New Zealand must give each person a copy of the other statements. This happens after the statements are sent to the adjudicator. If everyone agrees, they can take the matter to court instead of using the adjudicator. If they do this, some rules, like sections 127 to 130, 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=DLM7073026.

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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."

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127: Conduct of adjudication, or

"How an adjudicator makes fair decisions in a dispute"

Part 3Levy
Notice of levy shortfall process and adjudication: Adjudication

126Referral for adjudication

  1. If, 80 working days after the date on which FENZ provides the statement of position, FENZ and the respondent or respondents have not agreed on liability for the levy shortfall and on liability for any shortfall penalty, FENZ must arrange for the statements of position to be referred for adjudication.

  2. If there is more than 1 respondent, the date on which FENZ provides the statement of position is the date on which FENZ provides the statement to the last respondent to receive the statement.

  3. If there is more than 1 respondent, FENZ must, as soon as practicable after referring the statements of position to the adjudicator, provide to each respondent a copy of each statement of position filed by each other respondent.

  4. 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.

  5. If FENZ and each respondent agree to submit the matter to the relevant court under subsection (4), sections 127 to 130 do not apply.