Accident Compensation Act 2001

Management of the Scheme - General levy provisions

243: Power to assess levies

You could also call this:

"The power to decide how much money people or companies should pay as a levy"

You have the power to decide how much money people or companies should pay as a levy. This power applies in certain situations:

If someone doesn't give you accurate information about their earnings when they're supposed to.
If you're not happy with the information they've given you.
If you don't think they've paid the right amount of levy.

You can change your decision about how much someone should pay, even after you've made it. This is to make sure the amount is correct. However, there's a time limit on when you can do this.

If someone has already given you information for a certain time period and paid a levy for that time, you have four years to make or change a decision about their levy. This four-year period starts at the end of the tax year when they gave you the information. But if you think they lied or tried to mislead you on purpose, this time limit doesn't apply.

When you make a decision about someone's levy or change a decision you've already made, you need to tell them in writing. Your letter should say how much they need to pay and when they need to pay it. It should also mention any extra penalties they might have to pay.

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This page was last updated on 8 April 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM103104.

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242: Failure to provide statement, or

"You must give information when asked, or you could get in trouble"

244: Amounts of levy exempt from payment, or

"When you don't have to pay a small levy amount"

Part 6Management of the Scheme
General levy provisions

243Power to assess levies

The Corporation may determine the amount of levy that ought to be or to have been paid in any case where—
an accurate statement of the matters required to be stated in relation to earnings under this Act or regulations made under this Act has not been made; or
the Corporation is not satisfied with the statement; or
the Corporation is not satisfied that the proper levy has been paid.

Subject to subsection (3), the Corporation may at any time alter or add to the determination made under subsection (1) if such action is necessary to ensure its correctness.
If a statement has been delivered in respect of any period and a levy has been paid in respect of that period, the Corporation has no power to make a determination (if a determination has not been made), or alter a determination (if a determination has been made), after the expiration of 4 years beginning on the close of the tax year in which the statement was made unless that statement was, in the opinion of the Corporation, fraudulent or wilfully misleading.
The Corporation must give written notice of the determination or alteration of the determination under this section to the person or persons to whom it applies and that person or persons are liable to pay the determined or altered levy, and any specified penalty, on the date specified in the notice of decision.

Notes

Section 243(3): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).