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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:

“Paying for help when you want approval to do something”

You might need to pay for help from government agencies when you want to do something that requires approval. Here’s how it works:

If you’re thinking about applying for something, the agency can ask you to pay for the help they give you before you actually send in your application. You have to pay even if you decide not to apply in the end.

When you do apply, you’ll need to pay for the work that the Environmental Protection Authority (EPA) and other agencies do to look at your application. You’ll also need to pay for the work done by the Minister and any special groups they set up to help decide on your application.

Sometimes, the government needs to do some early work before you can apply. If you don’t end up applying, you still need to pay for this early work. If you do apply, you’ll pay for all the work done by the EPA, other agencies, the Minister, and any special groups.

The EPA might also ask you to pay for help they’ve given to other people or groups who are involved in your application.

The EPA will collect all these payments, even if some of the money needs to go to the Minister or other agencies. They’ll make sure everyone gets the money they’re owed.

These rules don’t change any other laws about paying for government services.

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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

"This part explains the meanings of important words used in the law about paying for government help"

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105: Delegation of cost-recovery function by Minister, or

"Minister can let EPA handle money matters, but can still do it themselves"

Part 2 Fast-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.