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Fast-track Approvals Act 2024

Fast-track approvals process - Miscellaneous provisions - Cost recovery

104: Cost recovery

You could also call this:

"The government can charge you for their time and costs when helping with your application"

Illustration for Fast-track Approvals Act 2024

When you want to lodge an application, an agency can charge you for the time they spend helping you before you lodge it. They can charge you for the actual and reasonable costs they incur while consulting and assisting you. This is regardless of whether you end up lodging the application or not.

If you do lodge an application, the EPA and the Minister can charge you for the costs they incur while processing your application. The EPA can charge for its costs and the costs of other agencies involved. The Minister can charge for the costs of a panel and a panel convener.

There are rules about recovering costs for the preliminary steps outlined in sections 29 to 31 and 37 to 39. If you don't end up lodging a substantive application, the agency and the Minister can charge you for their costs. If you do lodge a substantive application, the EPA and the Minister can charge you for their costs.

The EPA can also charge you for contributions made to relevant third parties under section 110. The EPA must recover costs on behalf of the Minister or another agency if asked to do so. They must also reimburse the Minister or agency once the costs have been recovered.

This rule does not affect the power to recover costs under other Acts.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1015675.

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103: Interpretation, or

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

104Cost recovery

  1. An agency may recover from a person who intends to lodge an application the actual and reasonable costs incurred by the agency in consulting and providing assistance to the person before the application is lodged (whether or not the application is subsequently lodged).

  2. If a person lodges an application,—

  3. the EPA may recover from the person the actual and reasonable costs incurred by the EPA and any other agency in performing or exercising their functions, duties, or powers under this Act in relation to the application; and
    1. the Minister may recover from the person the actual and reasonable costs incurred in relation to a panel and a panel convener in performing or exercising their functions, powers, and duties under this Act in relation to the application.

      1. The following applies in relation to the recovery of costs incurred in respect of the preliminary steps set out in sections 29 to 31 and 37 to 39:

      2. if a substantive application is not lodged,—
        1. an agency may recover from the authorised person the actual and reasonable costs incurred by the agency in performing or exercising its functions, duties, or powers; and
          1. the Minister may recover from the authorised person the actual and reasonable costs incurred by the Minister in performing or exercising their functions, duties, or powers; and
          2. if a substantive application is lodged,—
            1. the EPA may recover from the applicant the actual and reasonable costs incurred by the EPA and any other agency in performing or exercising their functions, duties, or powers; and
              1. the Minister may recover from the applicant the actual and reasonable costs incurred in relation to a panel and a panel convener in performing or exercising their functions, powers, and duties.

              2. The EPA may recover from the applicant the costs of contributions made under section 110 to the costs of relevant third parties.

              3. The EPA must—

              4. recover costs recoverable under this section on behalf of the Minister or another agency if requested to do so by that Minister or agency; and
                1. subject to any power or duty under regulations to refund a fee or levy, reimburse the Minister or agency when the costs have been recovered.

                  1. This section does not affect a power in a specified Act to recover costs under that Act.