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Customer and Product Data Bill

Administrative matters - Regulations, standards, and exemptions - Regulations

129: Levies payable by data holders and accredited requestors

You could also call this:

“How data holders and requestors might need to pay fees to help run the new system”

This part of the proposed law is about paying money to help cover the costs of running the new system. If you’re a data holder or an accredited requestor, you might have to pay a fee called a levy.

The government can make rules about who has to pay the levy and how much it will be. The money from these levies will help pay for the work done by the chief executive and the Privacy Commissioner to manage this new system. It will also cover the costs of collecting the levy money.

If not enough money is collected in one year, the government can spread the missing amount over the next five years. They can also give refunds if too much money is collected.

The rules can be different for different groups of people. They can decide when the levy starts and how long it lasts. Sometimes, you might have to pay for a year that has already started.

The government can also let some people pay less or not pay at all in special cases. These rules about levies will be part of the official laws of New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS920150.

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130: Miscellaneous provisions relating to levies, or

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Part 5 Administrative matters
Regulations, standards, and exemptions: Regulations

129Levies payable by data holders and accredited requestors

  1. Every person that is included in a prescribed class of specified persons must pay to the Crown, or a prescribed person on behalf of the Crown, a levy prescribed by the regulations.

  2. In this section and section 130, specified person means—

  3. a data holder; and
    1. an accredited requestor.

      1. The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations providing for the levies.

      2. Levies must be prescribed on the basis that the following costs should be met fully out of the levies:

      3. a portion of the costs of the chief executive in performing or exercising their functions, powers, and duties under this Act, where the size of the portion to be met by levies under this Act is determined by the Minister; and
        1. a portion of the costs of the Privacy Commissioner in performing or exercising their functions, powers, and duties under the Privacy Act 2020 in connection with a contravention referred to in section 52(3) or 53(1); and
          1. the costs of collecting the levy money.

            1. Levies may be prescribed on the basis that any actual cost that could have been, but has not been, recovered as a levy shortfall for a year may be recovered (along with any financing charge) over any period of up to 5 years.

            2. The regulations may—

            3. specify the class or classes of specified persons that are required to pay a levy:
              1. specify the amount of levies, or method of calculating or ascertaining the amount of levies:
                1. include in levies, or provide for the inclusion in levies of, any shortfall in recovering the actual costs:
                  1. refund, or provide for refunds of, any over-recovery of the actual costs:
                    1. provide for the payment and collection of levies:
                      1. provide different levies for different classes of specified persons:
                        1. specify the financial year or part financial year to which a levy applies, and apply that levy to that financial year or part financial year and each subsequent financial year until the levy is revoked or replaced:
                          1. require payment of a levy for a financial year or part financial year, irrespective of the fact that the regulations may be made after that financial year has commenced:
                            1. authorise a person to whom a levy is payable to refund or waive, in whole or in part and on the conditions that may be prescribed, payment of the levy by 1 or more named persons.

                              1. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                              Notes