New Zealand Business Number Funding (Validation and Authorisation) Act 2019

1 Title

This Act is the New Zealand Business Number Funding (Validation and Authorisation) Act 2019.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

Part 1 Amendments to Companies Act 1993

3 Amendments to Companies Act 1993

This Part amends the Companies Act 1993.

4 Section 372 amended (Fees)

(1)

In section 372(1)(a), replace “the performance of functions and the exercise of powers under this Act” with “the performance or exercise of the Registrar’s functions, powers, and duties under this Act”.

(2)

In section 372(2), replace “perform a function or exercise a power” with “perform or exercise a function, power, or duty”.

(3)

After section 372(3B), insert:

(3C)

Regulations made under this section may authorise a fee, or a portion of a fee, payable under this section to be used to recover the costs, or a share of the costs, of the Registrar of New Zealand Business Numbers in the performance or exercise of the Registrar’s functions, powers, and duties under the New Zealand Business Number Act 2016.

(3D)

The costs recovered in accordance with subsection (3C), and the functions, powers, and duties in relation to which those costs were incurred, need not be related, directly or indirectly, to the company or companies from which the fee is collected.

(3E)

Subsections (3C) and (3D) and this subsection are repealed on 1 July 2023.

5 New section 402 inserted (Validation of fee used to recover costs of Registrar of New Zealand Business Numbers)

After section 401, insert:

402 Validation of fee used to recover costs of Registrar of New Zealand Business Numbers

(1)

This section applies to a fee—

(a)

payable or purportedly payable on or before 30 June 2019 in accordance with the Companies Act 1993 Regulations 1994; but

(b)

that was (or is or will be) used (in whole or in part) to recover the costs, or a share of the costs, of the Registrar of New Zealand Business Numbers in the performance or exercise of a function, power, or duty conferred by or under the New Zealand Business Number Act 2016.

(2)

The fee is and always has been validly imposed by regulations made under section 372.

(3)

Money received by the Registrar of Companies in payment of the fee is and always has been lawfully collected and applied.

6 Amendment to Companies Act 1993 Regulations 1994

(1)

This section amends the Companies Act 1993 Regulations 1994.

(2)

After regulation 5(2), insert:

(2A)

A portion of any fee set out in Schedule 2 may be used to recover the costs, or a share of the costs, of the Registrar of New Zealand Business Numbers in the performance or exercise of the Registrar’s functions, powers, and duties under the New Zealand Business Number Act 2016.

(2B)

Subclause (2A) and this subclause are revoked on 1 July 2023.

Part 2 Amendments to New Zealand Business Number Act 2016

7 Amendments to New Zealand Business Number Act 2016
8 Section 37 amended (Regulations)
9 New sections 37A to 37C inserted

After section 37, insert:

37A Regulations relating to fees and charges

(1)

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing fees and charges that the Registrar may require to be paid to the Registrar (or the rate at which, or the method by which, fees and charges are to be calculated) in connection with the performance or exercise by the Registrar of any function, power, or duty conferred by or under this Act.

(2)

The regulations may—

(a)

prescribe the method of payment of a fee or charge; and

(b)

authorise the Registrar to refund or waive, in whole or in part and on any prescribed conditions, payment of a fee or charge in relation to any person or class of persons.

(3)

The Registrar may refuse to perform or exercise a function, power, or duty until the prescribed fee or charge is paid.

(4)

Any fee or charge payable to the Registrar is recoverable by the Registrar in any court of competent jurisdiction as a debt due to the Registrar.

37B Regulations relating to levy

(1)

Every NZBN entity, or every NZBN entity that is included in a prescribed class of NZBN entities, must pay to the Crown, or a prescribed person on behalf of the Crown, a levy prescribed by regulations.

(2)

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for the levies.

(3)

Levies must be prescribed on the basis that the following costs should be met fully out of the levies:

(a)

a portion of the costs of the Registrar in performing or exercising the Registrar’s functions, powers, and duties under this Act, where the size of the portion to be met by levies under this Act is determined by the Minister; and

(b)

the costs of collecting the levy money.

(4)

Levies may be prescribed on the basis that any actual cost that could have been, but has not been, recovered as a levy shortfall for a year may be recovered (along with any financing charge) over any period of up to 5 years.

(5)

The regulations may—

(a)

specify the class or classes of NZBN entities that are required to pay a levy:

(b)

specify the amount of levies, or method of calculating or ascertaining the amount of levies:

(c)

include in levies, or provide for the inclusion in levies of, any shortfall in recovering the actual costs:

(d)

refund, or provide for refunds of, any over-recovery of the actual costs:

(e)

provide for the payment and collection of levies:

(f)

provide different levies for different classes of NZBN entity:

(g)

specify the financial year or part financial year to which a levy applies, and apply that levy to that financial year or part financial year and each subsequent financial year until the levy is revoked or replaced:

(h)

require payment of a levy for a financial year or part financial year, irrespective of the fact that the regulations may be made after that financial year has commenced:

(i)

provide for waivers or refunds of the whole or any part of a levy for any case or class of cases.

(6)

If an entity is in 2 or more classes of NZBN entities in respect of which different levies have been prescribed, the entity must pay each of those levies (unless the regulations provide otherwise).

(7)

The amount of any unpaid levy is recoverable in any court of competent jurisdiction as a debt due to the Registrar, or to any other person prescribed for the purposes of this subsection, on behalf of the Crown.

Compare: 2011 No 5 s 68

37C Minister must consult about fee, charge, or levy regulations

(1)

Before recommending the making of regulations under section 37A or 37B, the Minister must consult—

(a)

the persons that the Minister considers are able to represent the views of the NZBN entities that will be liable to pay a fee, charge, or levy under the proposed regulations; and

(b)

any other representatives of persons who the Minister believes will be significantly affected by the proposed regulations.

(2)

Regulations made under section 37A or 37B are not invalid on the grounds that—

(a)

subsection (1) was not complied with before the Minister recommended the making of the regulations; or

(b)

the consultation carried out was about a specific rate or amount of a fee, charge, or levy that differs from the rate or amount set in the regulations.

Legislative history

30 May 2019

Introduction (Bill 140–1), first reading, second reading, committee of the whole House, third reading

5 June 2019

Royal assent

This Act is administered by the Ministry of Business, Innovation, and Employment.