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Fast-track Approvals Act 2024

Fast-track approvals process - Miscellaneous provisions - Cost recovery

107: Liability to pay costs constitutes debt due

You could also call this:

“Unpaid costs become a debt that can be collected in court”

If an agency asks you to pay costs under section 104(1), and these costs are due to be paid, they become a debt you owe to the agency. The agency can take you to court to get this money if you don’t pay.

Similarly, if the EPA or the Minister asks you to pay costs under section 104(2) or (3), and these costs are due to be paid, they become a debt you owe to the EPA or the Crown. The EPA can take you to court to get this money if you don’t pay, either for itself or on behalf of the Crown.

The ways to recover these costs are described in section 106. The court that deals with this must be one that has the power to handle the amount of money involved.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1015677.

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106: Methods of cost recovery, or

"How the government gets paid back for their work"

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

107Liability to pay costs constitutes debt due

  1. Subsection (2) applies when—

  2. an agency has required a person to pay costs recoverable under section 104(1); and
    1. the costs to be recovered (by any 1 or combination of the methods described in section 106) are payable.

      1. The costs are a debt due to the agency that is recoverable by the agency in any court of competent jurisdiction.

      2. Subsection (4) applies when—

      3. the EPA or the Minister has required a person to pay costs recoverable under section 104(2) or (3); and
        1. the costs to be recovered (by any 1 or combination of the methods described in section 106) are payable.

          1. The costs are a debt due to the EPA or the Crown that is recoverable by the EPA, or the EPA on behalf of the Crown, in any court of competent jurisdiction.