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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:

"You might have to pay for help with your application"

Illustration for Fast-track Approvals Act 2024

You can be charged for costs when you ask for help with an application. The agency can recover costs from you before you even lodge the application. You will be charged for the actual and reasonable costs, which are determined in accordance with regulations made under section 108. You will also be charged costs if you lodge an application. The EPA and the Minister can recover costs from you for their work on your application. These costs are also determined in accordance with regulations made under section 108. If you do preliminary steps, but do not lodge a substantive application, you can still be charged costs. The EPA can recover costs for their work, and the Minister can recover costs for their work and for a panel and panel convener. These costs are determined in accordance with regulations made under section 108. The EPA can also recover costs from 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, and reimburse them when the costs are recovered. This section does not affect other laws that allow for cost recovery.

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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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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 (determined in accordance with regulations made under section 108, if any) 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 (determined in accordance with regulations made under section 108, if any) 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 (determined in accordance with regulations made under section 108, if any) 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 (determined in accordance with regulations made under section 108, if any) 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 (determined in accordance with regulations made under section 108, if any) 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 (determined in accordance with regulations made under section 108, if any) 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 (determined in accordance with regulations made under section 108, if any) 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.

                  Notes
                  • Section 104(1): amended, on , by section 47 of the Fast-track Approvals Amendment Act 2025 (2025 No 78).
                  • Section 104(2)(a): amended, on , by section 47 of the Fast-track Approvals Amendment Act 2025 (2025 No 78).
                  • Section 104(2)(b): amended, on , by section 47 of the Fast-track Approvals Amendment Act 2025 (2025 No 78).
                  • Section 104(3)(a)(i): amended, on , by section 47 of the Fast-track Approvals Amendment Act 2025 (2025 No 78).
                  • Section 104(3)(a)(ii): amended, on , by section 47 of the Fast-track Approvals Amendment Act 2025 (2025 No 78).
                  • Section 104(3)(b)(i): amended, on , by section 47 of the Fast-track Approvals Amendment Act 2025 (2025 No 78).
                  • Section 104(3)(b)(ii): amended, on , by section 47 of the Fast-track Approvals Amendment Act 2025 (2025 No 78).