COVID-19 Public Health Response Amendment Act 2020

8 New subpart 3A of Part 2 inserted

After section 32, insert:

Subpart 3A—Cost recovery

32A Purpose of subpart

The purpose of this subpart is to enable the New Zealand Government to recover MIQF costs.

32B MIQF costs subject to recovery

The relevant Minister may recommend the making of regulations under section 33A prescribing charges only if satisfied that the charges concerned relate to MIQF costs (including direct and indirect costs).

32C Criteria for cost recovery

The relevant Minister may recommend that regulations be made under section 33A only if the Minister is satisfied of the following matters:

(a)

the prescribed charges recover from any class of persons no more than an estimate of the actual and reasonable MIQF costs incurred in relation to that class (including both direct and indirect costs); and

(b)

there is appropriate provision to grant relief from the payment of the prescribed charges in circumstances where payment of the charges would cause undue financial hardship; and

(c)

the prescribed charges do not limit or are justified limits on the rights and freedoms in the New Zealand Bill of Rights Act 1990.

32D Methods of cost recovery

(1)

The methods by which MIQF costs may be recovered are as follows:

(a)

fixed charges, or a method of calculating or ascertaining the charges:

(b)

charges based on a scale or formula or at a rate determined on a unit basis:

(c)

charges based on costs incurred from third parties:

(d)

charges of estimated actual and reasonable costs to be spent on or in connection with the use of an MIQF.

(2)

Without limiting the way in which a charge may be set, a charge may be set at a level or in a way that—

(a)

is determined by calculations that involve an averaging of costs:

(b)

takes account of costs or potential costs that are not directly incurred in relation to the use of an MIQF by the person paying the charge, but which are costs or potential costs arising indirectly in relation to the use of an MIQF by 1 or more classes of persons.

32E Persons in respect of whom prescribed charges payable

(1)

A prescribed charge is payable by or on behalf of a person, in accordance with regulations made under section 33A, if—

(a)

the person—

(i)

has arrived in New Zealand from a place outside New Zealand and is required by or under a COVID-19 order to stay at an MIQF; and

(ii)

is a member of any prescribed class of persons; and

(iii)

is not an exempt person; or

(b)

the person—

(i)

has elected to enter an MIQF for isolation or quarantine; and

(ii)

is not an exempt person.

(2)

An exempt person is a person who—

(a)

is, for the time being, accorded privileges and immunities under—

(i)

the Vienna Convention on Diplomatic Relations in accordance with the Diplomatic Privileges and Immunities Act 1968; or

(ii)

the Vienna Convention on Consular Relations in accordance with the Consular Privileges and Immunities Act 1971; or

(b)

is officially recognised as accompanying family of a person described in paragraph (a); or

(c)

is an official of a government entity travelling to New Zealand to conduct business with—

(i)

New Zealand Ministers of the Crown; or

(ii)

a ministry or department of the New Zealand Government; or

(d)

is a holder of a diplomatic or other official passport entering or transiting through New Zealand—

(i)

en route to, or returning from, a diplomatic posting in a country other than New Zealand; or

(ii)

for the purpose of assisting with the operations of the embassy or consulate (in New Zealand or elsewhere) of the country for which the person holds a passport on which the person is travelling; or

(e)

is an official of a government entity entering or transiting through New Zealand en route to, or returning from, a third country—

(i)

where the purpose of the visit to the third country was or is to conduct official government-to-government business; and

(ii)

the person is able to provide evidence to verify that purpose; or

(f)

is, or is a member of a class of persons that is, exempted by or under regulations made under section 33A from paying the prescribed charges.

32F Exemptions, waivers, and refunds

(1)

Regulations made under section 33A may provide for exemptions from, or waivers or refunds of, the whole or part of any prescribed charge in any class or classes of cases.

(2)

Regulations made under section 33A may authorise the relevant Minister or the chief executive of MBIE to exempt, waive, or refund the whole or part of any prescribed charge, or defer the time for payment, in any particular case or any class or classes of cases (and may or may not prescribe criteria to be applied by the relevant Minister or the chief executive in doing so).

32G Payment of charge

(1)

A prescribed charge is payable by a person—

(a)

in the manner prescribed (for example, by instalments); and

(b)

at the time prescribed.

(2)

Regulations made under section 33A may authorise the chief executive of MBIE to specify in relation to 1 or more classes of persons, or all persons, the manner and time of payment of any prescribed charge.

(3)

All prescribed charges received by or on behalf of the New Zealand Government must be paid into a Crown Bank Account.

32H Express authorisation for purpose of section 65K of Public Finance Act 1989

To the extent that this subpart and any regulations made under section 33A enable the relevant Minister or the chief executive of MBIE on behalf of the Crown to lend money (as that term is defined in section 2(1) of the Public Finance Act 1989) to a person or organisation, this subpart is an express authorisation for the purpose of section 65K of that Act.

32I Prescribed charges to constitute debt due to Crown

A prescribed charge or part of a charge that is not paid by the due date is recoverable in a court of competent jurisdiction as a debt to the Crown.