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Fast-track Approvals Act 2024

Fast-track approvals process - Miscellaneous provisions - Cost recovery

108: Regulations may set fees, charges, and contributions

You could also call this:

"The law allows rules to be made about fees and charges you might need to pay."

Illustration for Fast-track Approvals Act 2024

The law says regulations can set fees and charges. You might have to pay these when you apply for something under the Fast-track Approvals Act 2024, which is explained in section 104. Regulations can also decide how these fees and charges are calculated. Regulations can say who does not have to pay a fee or charge. You might be exempt, or you might get a refund. The regulations can also say how a third party can claim a contribution to their costs. If you disagree with the costs, there is a process to resolve the dispute, which is explained in section 104. The EPA can grant exemptions, waivers, or refunds, and they must follow certain rules, which are explained in the Legislation Act 2019. You can find more information about this in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1012365.

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107: Liability to pay costs constitutes debt due, or

"Unpaid costs become a debt that can be collected in court"

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109: Regulations may impose levies, or

"Rules for paying money to help with the costs of fast-track approvals"

Part 2Fast-track approvals process
Miscellaneous provisions: Cost recovery

108Regulations may set fees, charges, and contributions

  1. Regulations may do any of the following:

  2. provide for the costs that may be recovered under section 104(1), (2), or (3), including by—
    1. setting upper limits:
      1. setting out criteria for the quantification of costs:
        1. including or excluding certain categories of costs in or from the costs that may be recovered:
        2. set the amounts of fees and charges, estimated fees or charges, or fees or charges based on estimated costs (the fees or charges) for any matters for which costs may be recovered under section 104:
          1. in the case of estimated fees or charges, set out a reconciliation process, which may be based on charging rates set by an agency, to establish any further payment or refund that may be required in respect of an application:
            1. set the method by which the amount of any fee or charge is to be calculated:
              1. provide for exemptions from, or waivers or refunds of, a fee or charge, in whole or in part, in any class of case:
                1. authorise the EPA to grant an exemption, waiver, or refund in any particular case or class of case:
                  1. determine 1 or more classes of third party (a relevant third party) that may claim a contribution to their costs:
                    1. set—
                      1. the method by which the amount of the contribution that may be claimed by a relevant third party is to be calculated; or
                        1. the amount of that contribution:
                        2. set out the process required to be followed, or require a process publicly notified by the EPA to be followed, for a relevant third party to claim a contribution to their costs:
                          1. provide for, or set out, a dispute resolution process in relation to costs sought to be recovered under section 104.

                            1. If regulations made in relation to subsection (1)(e) authorise the EPA to grant an exemption, waiver, or refund,—

                            2. an instrument granting an exemption, waiver, or refund is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only in a particular case; and
                              1. the regulations must contain a statement to that effect.

                                Notes
                                • Section 108(1)(aaa): inserted, on , by section 49(1) of the Fast-track Approvals Amendment Act 2025 (2025 No 78).
                                • Section 108(1)(i): inserted, on , by section 49(2) of the Fast-track Approvals Amendment Act 2025 (2025 No 78).