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Arms Bill

Miscellaneous provisions - Cost recovery

372: Consultation

You could also call this:

"Talking to people before making new rules about fees"

Illustration for Arms Bill

The Minister in charge can only suggest making new rules about fees or charges under section 371 if they think the Secretary for Justice has talked to the people or groups who might be affected. You need to be told about the proposed new rules and have a chance to say what you think. The Secretary for Justice must think about what you say before making a decision. If the Secretary for Justice does not follow this process, it does not mean any new rules made under section 371 are not valid. You can still be charged a fee even if the Secretary for Justice did not talk to everyone they should have. The Minister and the Secretary for Justice must follow this process when making new rules about fees or charges.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1534142.

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Money and consumer rights > Consumer protectionGovernment and voting > Government departments
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371: Regulations relating to cost recovery, or

"Rules about charging fees for some activities"

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373: Five-yearly review of cost recovery, or

"The Minister checks the cost recovery rules every 5 years to make sure they are fair."

Part 8Miscellaneous provisions
Cost recovery

372Consultation

  1. The responsible Minister may recommend that regulations be made under section 371 only if the responsible Minister is satisfied that the Secretary for Justice has done everything reasonable to consult the persons or organisations (or representatives of those organisations) that appear to the Secretary for Justice to be affected or likely to be affected by the fee or charge.

  2. The process for consultation must, to the extent practicable in the circumstances, include—

  3. the giving of appropriate notice of the intention to make the regulation and of the contents of the proposed regulation; and
    1. a reasonable opportunity for interested persons to make submissions; and
      1. the adequate and appropriate consideration of those submissions.

        1. A failure to comply with this section does not affect the validity of any regulations made under section 371.