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Fire and Emergency New Zealand Act 2017

Levy - Notice of levy shortfall process and adjudication - Other matters

134: Test cases

You could also call this:

"Stopping a levy process to wait for a similar court case result"

Illustration for Fire and Emergency New Zealand Act 2017

You can stop the process for a levy position if Fire and Emergency New Zealand and the other party agree. This can happen when Fire and Emergency New Zealand is dealing with a similar case in court, called a test case. The process stops on the date they agree, and starts again when the test case is finished. You will know the process has stopped when Fire and Emergency New Zealand and the other party agree. The test case must be similar to the levy position for the process to stop. The process will start again when the court makes a decision on the test case. Fire and Emergency New Zealand can send a new notice or take action when the process starts again. This action must be consistent with the outcome of the test case. You can find more information about this by looking at the related legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7073037.

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Part 3Levy
Notice of levy shortfall process and adjudication: Other matters

134Test cases

  1. FENZ and the respondent (or FENZ and the respondents) may agree to suspend the process set out in this subpart in relation to a levy position in the circumstances described in subsection (2).

  2. The circumstances are that—

  3. FENZ is engaged in the process set out in this subpart or a proceeding in a court in relation to a levy position (a test case); and
    1. there is a significant similarity between the facts and questions of law in the test case and the facts and questions of law arising in the process referred to in subsection (1).

      1. The suspension starts on the date of the agreement and ends on the earliest of the following:

      2. the date of the court’s decision in the test case:
        1. the date on which the test case is otherwise resolved:
          1. the date on which the suspended process is otherwise resolved.

            1. FENZ may provide a new notice of levy shortfall or take any other action in relation to the suspended process that is consistent with the resolution of the test case.

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