This Bill is an omnibus Bill that will amend 13 different Acts to retrospectively validate fees that have been collected under those Acts that have been or will be applied under any register administered by the New Zealand Companies Office. The Bill amends the following Acts:

Auditor Regulation Act 2011:
Building Societies Act 1965:
Companies Act 1993:
Financial Markets Conduct Act 2013:
Financial Reporting Act 1993 (as preserved in part for certain purposes):
Financial Service Providers (Registration and Dispute Resolution) Act 2008:
Friendly Societies and Credit Unions Act 1982:
Incorporated Societies Act 1908:
Insolvency Practitioners Regulation Act 2019:
Limited Partnerships Act 2008:
Personal Property Securities Act 1999:
Retirement Villages Act 2003:
Securities Act 1978 (as preserved in part for certain purposes).

The New Zealand Companies Office, a business unit of the Ministry of Business, Innovation, and Employment (MBIE), administers the corporate registry system. There are 16 different registers, including entity registers (eg, the Companies Register), occupational licensing registers (eg, the Insolvency Practitioners Register), and disclosure registers (eg, the Personal Property Securities Register). The Companies Office also supports other statutory functions of the various registrars responsible for these registers.

Each register was established under separate legislation. The legislation requires each register to be independently funded from fees charged to the users of the relevant register. This funding model was predicated on each register being operated separately.

Over time, the Companies Office has moved towards providing shared services to the registers. A unified approach to the registers has allowed the Companies Office to—

establish an organisational structure and operating model that produces economies of scale in the delivery of registry services; and
leverage technological developments enabling registry services to be centralised and shared across registers.

These changes have contributed to reduced cost to users. However, it has also made it increasingly difficult to distinguish between the cost of providing services for each register.

In addition, the fees charged on some smaller registers have not kept up with the costs of operating them. This shortfall has been met from surpluses that have been generated from fees collected under legislation governing other registers. This practice is not authorised by the legislation.

This Bill addresses the Companies Office practice of applying funds collected in fees in a way not authorised by legislation by retrospectively validating the Companies Office’s charging and expenditure practices.

The Bill will also enable the Companies Office to use the surpluses it has collected to fund anticipated shortfalls on certain registers while a new, unified funding regime is established.

The Bill forms a package with the Companies (Levies) Amendment Bill, yet to be introduced, which lays out the legislative framework for the new funding system.

Departmental disclosure statement

The Ministry of Business, Innovation, and Employment is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2022&no=126

Regulatory impact statement

The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 3 November 2021 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.

A copy of this regulatory impact statement can be found at—

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 provides that the Bill comes into force on the day after the date on which it receives the Royal assent.

Part 1Amendments to Acts

Clause 3 relates to transitional and savings provisions.

Subpart 1—Amendment to Auditor Regulation Act 2011

Clause 4 provides that the Auditor Regulation Act 2011 is the Act being amended.

Clause 5 inserts a cross-heading and new section 84A of the principal Act.

New section 84A provides that a fee to which the section applies is and always has been validly imposed. Money received by a Registrar of any register maintained by the Companies Office in payment of the fee is declared to be, and always to have been lawfully collected and applied.

There are 2 kinds of fees to which new section 84A applies. The first kind of fee is a fee that is or was purportedly payable on or before 30 June 2022 under any of the 12 Acts referred to in new section 84A(4), and 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 in operating 1 or more of the registers under the Auditor Regulation Act 2011 or in exercising or performing powers, functions, and duties under that Act or any regulations made under that Act.

The second kind of fee is a fee that is or was payable before 30 June 2022 under the Auditor Regulation Act 2011, and that was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the 7 Acts listed in new section 84(5) or in exercising or performing powers, functions, and duties under any of those Acts or any regulations made under any of those Acts.

New section 84A(6) defines the term Companies Office as the division or part of each of the following departments (formerly or currently in existence) that collected or collects fees under the Auditor Regulation Act 2011 or any of the Acts listed in new section 84A(4) or (5):

the former Department of Justice:
the former Ministry of Commerce:
the former Ministry of Economic Development:
the Ministry of Business, Innovation, and Employment.

The term fee is given an extended definition in relation to the Insolvency Practitioners Regulation Act 2019 (one of the Acts listed in new section 84A(4) and (5)) to include a levy imposed under section 81 of that Act.

Subpart 2—Amendment to Building Societies Act 1965

Clauses 6 and 7 insert new section 137A into the Building Societies Act 1965. The amendment is to the same effect as the amendment being made to the Auditor Regulation Act 2011.

Subpart 3—Amendment to Companies Act 1993

Clauses 8 and 9 insert new section 403 into the Companies Act 1993. The amendment is to the same effect as the amendment being made to the Auditor Regulation Act 2011.

Subpart 4—Amendment to Financial Markets Conduct Act 2013

Clauses 10 and 11 insert new section 552A into the Financial Markets Conduct Act 2013. The amendment is to the same effect as the amendment being made to the Auditor Regulation Act 2011.

Subpart 5—Amendment to Financial Service Providers (Registration and Dispute Resolution) Act 2008

Clauses 12 and 13 insert new section 44AA into the Financial Service Providers (Registration and Dispute Resolution) Act 2008. The amendment is to the same effect as the amendment being made to the Auditor Regulation Act 2011.

Subpart 6—Amendment to Friendly Societies and Credit Unions Act 1982

Clauses 14 and 15 insert new section 152A into the Friendly Societies and Credit Unions Act 1982. The amendment is to the same effect as the amendment being made to the Auditor Regulation Act 2011.

Subpart 7—Amendment to Incorporated Societies Act 1908

Clauses 16 and 17 insert new section 37 into the Incorporated Societies Act 1908. The amendment is to the same effect as the amendment being made to the Auditor Regulation Act 2011.

Subpart 8—Amendment to Insolvency Practitioners Regulation Act 2019

Clauses 18 and 19 insert new section 80A and a cross-heading into the Insolvency Practitioners Regulation Act 2019. The amendment is to the same effect as the amendment being made to the Auditor Regulation Act 2011.

Subpart 9—Amendment to Limited Partnerships Act 2008

Clauses 20 and 21 insert new section 116A into the Limited Partnerships Act 2008. The amendment is to the same effect as the amendment being made to the Auditor Regulation Act 2011.

Subpart 10—Amendment to Personal Property Securities Act 1999

Clauses 22 and 23 insert new section 190A and a cross-heading into the Personal Property Securities Act 1999. The amendment is to the same effect as the amendment being made to the Auditor Regulation Act 2011.

Subpart 11—Amendment to Retirement Villages Act 2003

Clauses 24 and 25 insert new section 102A and a cross-heading into the Retirement Villages Act 2003. The amendment is to the same effect as the amendment being made to the Auditor Regulation Act 2011.

Part 2Provisions relating to repealed Acts

Subpart 1—Provision relating to Financial Reporting Act 1993 (repealed but preserved in part for certain purposes)

Clause 26 deals with the position of fees under the repealed Financial Reporting Act 1993 in the same manner as the amendment to the Auditor Regulation Act 2011.

Subpart 2—Provision relating to Securities Act 1978 (repealed but preserved in part for certain purposes)

Clause 27 deals with the position of fees under the repealed Securities Act 1978 in the same manner as the amendment to the Auditor Regulation Act 2011.

Hon Dr David Clark

Companies Office Registers Funding Validation Bill

Government Bill

126—1

	Explanatory note
1	Title
2	Commencement
	Part 1 Amendments to Acts
3	Transitional, savings, and related provisions
	Subpart 1—Amendment to Auditor Regulation Act 2011
4	Principal Act
5	New section 84A and cross-heading inserted
		Validation of fees
	84A	Validation of fees used to recover costs of unrelated Companies Office registers
	Subpart 2—Amendment to Building Societies Act 1965
6	Principal Act
7	New section 137A inserted (Validation of fees used to recover costs of other Companies Office registers, etc)
	137A	Validation of fees used to recover costs of other Companies Office registers, etc
	Subpart 3—Amendment to Companies Act 1993
8	Principal Act
9	New section 403 inserted (Validation of fees used to recover costs of other Companies Office registers, etc)
	403	Validation of fees used to recover costs of other Companies Office registers, etc
	Subpart 4—Amendment to Financial Markets Conduct Act 2013
10	Principal Act
11	New section 552A inserted (Validation of fees used to recover costs of other Companies Office registers, etc)
	552A	Validation of fees used to recover costs of other Companies Office registers, etc
	Subpart 5—Amendment to Financial Service Providers (Registration and Dispute Resolution) Act 2008
12	Principal Act
13	New section 44AA inserted (Validation of fees used to recover costs of other Companies Office registers, etc)
	44AA	Validation of fees used to recover costs of other Companies Office registers, etc
	Subpart 6—Amendment to Friendly Societies and Credit Unions Act 1982
14	Principal Act
15	New section 152A inserted (Validation of fees used to recover costs of other Companies Office registers, etc)
	152A	Validation of fees used to recover costs of other Companies Office registers, etc
	Subpart 7—Amendment to Incorporated Societies Act 1908
16	Principal Act
17	New section 37 inserted (Validation of fees used to recover costs of other Companies Office registers, etc)
	37	Validation of fees used to recover costs of other Companies Office registers, etc
	Subpart 8—Amendment to Insolvency Practitioners Regulation Act 2019
18	Principal Act
19	New section 80A and cross-heading inserted
		Validation of fees
	80A	Validation of fees used to recover costs of other Companies Office registers, etc
	Subpart 9—Amendment to Limited Partnerships Act 2008
20	Principal Act
21	New section 116A inserted (Validation of fees used to recover costs of other Companies Office registers, etc)
	116A	Validation of fees used to recover costs of other Companies Office registers, etc
	Subpart 10—Amendment to Personal Property Securities Act 1999
22	Principal Act
23	New section 190A and cross-heading inserted
		Validation of fees
	190A	Validation of fees used to recover costs of other Companies Office registers, etc
	Subpart 11—Amendment to Retirement Villages Act 2003
24	Principal Act
25	New section 102A and cross-heading inserted
		Validation of fees
	102A	Validation of fees used to recover costs of other Companies Office registers, etc
	Part 2 Provisions relating to repealed Acts
	Subpart 1—Provision relating to Financial Reporting Act 1993 (repealed but preserved in part for certain purposes)
26	Validation of fees used to recover costs of other Companies Office registers
	Subpart 2—Provision relating to Securities Act 1978 (repealed but preserved in part for certain purposes)
27	Validation of fees used to recover costs of other Companies Office registers
	Schedule 1 Transitional, savings, and related provisions

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Companies Office Registers Funding Validation Act 2022.

2 Commencement

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

Part 1 Amendments to Acts

3 Transitional, savings, and related provisions

The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

Subpart 1—Amendment to Auditor Regulation Act 2011

4 Principal Act

This subpart amends the Auditor Regulation Act 2011.

5 New section 84A and cross-heading inserted

After section 84, insert:

Validation of fees

84A Validation of fees used to recover costs of unrelated Companies Office registers

(1)

This section applies to a fee—

(a)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4) or any regulations made under any of those Acts; and

(ii)

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 in operating 1 or more registers or in exercising or performing any powers, functions, and duties under this Act or any regulations made under this Act; or

(b)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and

(ii)

was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5) or in exercising or performing any powers, functions, and duties of a Registrar under any of those Acts or any regulations made under any of those Acts.

(2)

The fee is and always has been validly imposed.

(3)

Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—

(a)

is and always has been lawfully collected and applied; and

(b)

may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii).

(4)

The Acts are—

(a)

the Building Societies Act 1965:

(b)

the Companies Act 1993:

(c)

the Financial Markets Conduct Act 2013:

(d)

the Financial Reporting Act 1993:

(e)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(f)

the Friendly Societies and Credit Unions Act 1982:

(g)

the Incorporated Societies Act 1908:

(h)

the Insolvency Practitioners Regulation Act 2019:

(i)

the Limited Partnerships Act 2008:

(j)

the Personal Property Securities Act 1999:

(k)

the Retirement Villages Act 2003:

(l)

the Securities Act 1978.

(5)

The Acts are—

(a)

the Building Societies Act 1965:

(b)

the Charitable Trusts Act 1957:

(c)

the Companies Act 1993:

(d)

the Financial Markets Conduct Act 2013:

(e)

the Financial Reporting Act 1993:

(f)

the Financial Reporting Act 2013:

(g)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(h)

the Friendly Societies and Credit Unions Act 1982:

(i)

the Incorporated Societies Act 1908:

(j)

the Incorporated Societies Act 2022:

(k)

the Industrial and Provident Societies Act 1908:

(l)

the Insolvency Practitioners Regulation Act 2019:

(m)

the Limited Partnerships Act 2008:

(n)

the New Zealand Business Number Act 2016:

(o)

the Personal Property Securities Act 1999:

(p)

the Retirement Villages Act 2003:

(q)

the Securities Act 1978.

(6)

In this section,—

Companies Office means the division or part of each of the following departments (formerly or currently in existence) that collected or collects fees under this Act or any of the Acts listed in subsections (4) and (5):

(a)

the former Department of Justice:

(b)

the former Ministry of Commerce:

(c)

the former Ministry of Economic Development:

(d)

the Ministry of Business, Innovation, and Employment

fee—

(a)

includes any penalty or overdue fee imposed, or interest charged, in respect of an unpaid or overdue fee; and

(b)

in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.

Subpart 2—Amendment to Building Societies Act 1965

6 Principal Act

This subpart amends the Building Societies Act 1965.

7 New section 137A inserted (Validation of fees used to recover costs of other Companies Office registers, etc)

After section 137, insert:

137A Validation of fees used to recover costs of other Companies Office registers, etc

(1)

This section applies to a fee—

(a)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4) or any regulations made under any of those Acts; and

(ii)

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 in operating 1 or more registers under this Act or in exercising or performing any other powers, functions, and duties of the Registrar under this Act or any regulations made under this Act; or

(b)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and

(ii)

was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5) or in exercising or performing the powers, functions, and duties of a Registrar under any of those Acts or any regulations made under any of those Acts.

(2)

The fee is and always has been validly imposed.

(3)

Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—

(a)

is and always has been lawfully collected and applied; and

(b)

may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii).

(4)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Companies Act 1993:

(c)

the Financial Markets Conduct Act 2013:

(d)

the Financial Reporting Act 1993:

(e)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(f)

the Friendly Societies and Credit Unions Act 1982:

(g)

the Incorporated Societies Act 1908:

(h)

the Insolvency Practitioners Regulation Act 2019:

(i)

the Limited Partnerships Act 2008:

(j)

the Personal Property Securities Act 1999:

(k)

the Retirement Villages Act 2003:

(l)

the Securities Act 1978.

(5)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Charitable Trusts Act 1957:

(c)

the Companies Act 1993:

(d)

the Financial Markets Conduct Act 2013:

(e)

the Financial Reporting Act 1993:

(f)

the Financial Reporting Act 2013:

(g)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(h)

the Friendly Societies and Credit Unions Act 1982:

(i)

the Incorporated Societies Act 1908:

(j)

the Incorporated Societies Act 2022:

(k)

the Industrial and Provident Societies Act 1908:

(l)

the Insolvency Practitioners Regulation Act 2019:

(m)

the Limited Partnerships Act 2008:

(n)

the New Zealand Business Number Act 2016:

(o)

the Personal Property Securities Act 1999:

(p)

the Retirement Villages Act 2003:

(q)

the Securities Act 1978.

(6)

In this section,—

(a)

the former Department of Justice:

(b)

the former Ministry of Commerce:

(c)

the former Ministry of Economic Development:

(d)

the Ministry of Business, Innovation, and Employment

fee—

(a)

includes any penalty or overdue fee imposed, or interest charged, in respect of an unpaid or overdue fee; and

(b)

in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.

Subpart 3—Amendment to Companies Act 1993

8 Principal Act

This subpart amends the Companies Act 1993.

9 New section 403 inserted (Validation of fees used to recover costs of other Companies Office registers, etc)

After section 402, insert:

403 Validation of fees used to recover costs of other Companies Office registers, etc

(1)

This section applies to a fee—

(a)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4) or any regulations made under any of those Acts; and

(ii)

(b)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and

(ii)

was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5) or in exercising or performing the powers, functions, and duties of a Registrar under any of those Acts or any regulations made under any of those Acts.

(2)

The fee is and always has been validly imposed.

(3)

Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—

(a)

is and always has been lawfully collected and applied; and

(b)

may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii).

(4)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Building Societies Act 1965:

(c)

the Financial Markets Conduct Act 2013:

(d)

the Financial Reporting Act 1993:

(e)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(f)

the Friendly Societies and Credit Unions Act 1982:

(g)

the Incorporated Societies Act 1908:

(h)

the Insolvency Practitioners Regulation Act 2019:

(i)

the Limited Partnerships Act 2008:

(j)

the Personal Property Securities Act 1999:

(k)

the Retirement Villages Act 2003:

(l)

the Securities Act 1978.

(5)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Building Societies Act 1965:

(c)

the Charitable Trusts Act 1957:

(d)

the Financial Markets Conduct Act 2013:

(e)

the Financial Reporting Act 1993:

(f)

the Financial Reporting Act 2013:

(g)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(h)

the Friendly Societies and Credit Unions Act 1982:

(i)

the Incorporated Societies Act 1908:

(j)

the Incorporated Societies Act 2022:

(k)

the Industrial and Provident Societies Act 1908:

(l)

the Insolvency Practitioners Regulation Act 2019:

(m)

the Limited Partnerships Act 2008:

(n)

the New Zealand Business Number Act 2016:

(o)

the Personal Property Securities Act 1999:

(p)

the Retirement Villages Act 2003:

(q)

the Securities Act 1978.

(6)

In this section,—

(a)

the former Department of Justice:

(b)

the former Ministry of Commerce:

(c)

the former Ministry of Economic Development:

(d)

the Ministry of Business, Innovation, and Employment

fee—

(a)

includes any penalty or overdue fee imposed, or interest charged, in respect of an unpaid or overdue fee; and

(b)

in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.

Subpart 4—Amendment to Financial Markets Conduct Act 2013

10 Principal Act

This subpart amends the Financial Markets Conduct Act 2013.

11 New section 552A inserted (Validation of fees used to recover costs of other Companies Office registers, etc)

After section 552, insert:

552A Validation of fees used to recover costs of other Companies Office registers, etc

(1)

This section applies to a fee—

(a)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4) or any regulations made under any of those Acts; and

(ii)

(b)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and

(ii)

was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5) or in exercising or performing the powers, functions, and duties of a Registrar under any of those Acts or any regulations made under any of those Acts.

(2)

The fee is and always has been validly imposed.

(3)

Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—

(a)

is and always has been lawfully collected and applied; and

(b)

may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii).

(4)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Building Societies Act 1965:

(c)

the Companies Act 1993:

(d)

the Financial Reporting Act 1993:

(e)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(f)

the Friendly Societies and Credit Unions Act 1982:

(g)

the Incorporated Societies Act 1908:

(h)

the Insolvency Practitioners Regulation Act 2019:

(i)

the Limited Partnerships Act 2008:

(j)

the Personal Property Securities Act 1999:

(k)

the Retirement Villages Act 2003:

(l)

the Securities Act 1978.

(5)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Building Societies Act 1965:

(c)

the Charitable Trusts Act 1957:

(d)

the Companies Act 1993:

(e)

the Financial Reporting Act 1993:

(f)

the Financial Reporting Act 2013:

(g)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(h)

the Friendly Societies and Credit Unions Act 1982:

(i)

the Incorporated Societies Act 1908:

(j)

the Incorporated Societies Act 2022:

(k)

the Industrial and Provident Societies Act 1908:

(l)

the Insolvency Practitioners Regulation Act 2019:

(m)

the Limited Partnerships Act 2008:

(n)

the New Zealand Business Number Act 2016:

(o)

the Personal Property Securities Act 1999:

(p)

the Retirement Villages Act 2003:

(q)

the Securities Act 1978.

(6)

In this section,—

(a)

the former Department of Justice:

(b)

the former Ministry of Commerce:

(c)

the former Ministry of Economic Development:

(d)

the Ministry of Business, Innovation, and Employment

fee—

(a)

includes any penalty or overdue fee imposed, or interest charged, in respect of an unpaid or overdue fee; and

(b)

in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.

Subpart 5—Amendment to Financial Service Providers (Registration and Dispute Resolution) Act 2008

12 Principal Act

This subpart amends the Financial Service Providers (Registration and Dispute Resolution) Act 2008.

13 New section 44AA inserted (Validation of fees used to recover costs of other Companies Office registers, etc)

After section 44A, insert:

44AA Validation of fees used to recover costs of other Companies Office registers, etc

(1)

This section applies to a fee—

(a)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4) or any regulations made under any of those Acts; and

(ii)

(b)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and

(ii)

was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5) or in exercising or performing the powers, functions, and duties of a Registrar under any of those Acts or any regulations made under any of those Acts.

(2)

The fee is and always has been validly imposed.

(3)

Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—

(a)

is and always has been lawfully collected and applied; and

(b)

may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii).

(4)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Building Societies Act 1965:

(c)

the Companies Act 1993:

(d)

the Financial Markets Conduct Act 2013:

(e)

the Financial Reporting Act 1993:

(f)

the Friendly Societies and Credit Unions Act 1982:

(g)

the Incorporated Societies Act 1908:

(h)

the Insolvency Practitioners Regulation Act 2019:

(i)

the Limited Partnerships Act 2008:

(j)

the Personal Property Securities Act 1999:

(k)

the Retirement Villages Act 2003:

(l)

the Securities Act 1978.

(5)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Building Societies Act 1965:

(c)

the Charitable Trusts Act 1957:

(d)

the Companies Act 1993:

(e)

the Financial Markets Conduct Act 2013:

(f)

the Financial Reporting Act 1993:

(g)

the Financial Reporting Act 2013:

(h)

the Friendly Societies and Credit Unions Act 1982:

(i)

the Incorporated Societies Act 1908:

(j)

the Incorporated Societies Act 2022:

(k)

the Industrial and Provident Societies Act 1908:

(l)

the Insolvency Practitioners Regulation Act 2019:

(m)

the Limited Partnerships Act 2008:

(n)

the New Zealand Business Number Act 2016:

(o)

the Personal Property Securities Act 1999:

(p)

the Retirement Villages Act 2003:

(q)

the Securities Act 1978.

(6)

In this section,—

(a)

the former Department of Justice:

(b)

the former Ministry of Commerce:

(c)

the former Ministry of Economic Development:

(d)

the Ministry of Business, Innovation, and Employment

fee—

(a)

includes any penalty or overdue fee imposed, or interest charged, in respect of an unpaid or overdue fee; and

(b)

in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.

Subpart 6—Amendment to Friendly Societies and Credit Unions Act 1982

14 Principal Act

This subpart amends the Friendly Societies and Credit Unions Act 1982.

15 New section 152A inserted (Validation of fees used to recover costs of other Companies Office registers, etc)

After section 152, insert:

152A Validation of fees used to recover costs of other Companies Office registers, etc

(1)

This section applies to a fee—

(a)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4) or any regulations made under any of those Acts; and

(ii)

(b)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and

(ii)

was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5) or in exercising or performing the powers, functions, and duties of a Registrar under any of those Acts or any regulations made under any of those Acts.

(2)

The fee is and always has been validly imposed.

(3)

Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—

(a)

is and always has been lawfully collected and applied; and

(b)

may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii).

(4)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Building Societies Act 1965:

(c)

the Companies Act 1993:

(d)

the Financial Markets Conduct Act 2013:

(e)

the Financial Reporting Act 1993:

(f)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(g)

the Incorporated Societies Act 1908:

(h)

the Insolvency Practitioners Regulation Act 2019:

(i)

the Limited Partnerships Act 2008:

(j)

the Personal Property Securities Act 1999:

(k)

the Retirement Villages Act 2003:

(l)

the Securities Act 1978.

(5)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Building Societies Act 1965:

(c)

the Charitable Trusts Act 1957:

(d)

the Companies Act 1993:

(e)

the Financial Markets Conduct Act 2013:

(f)

the Financial Reporting Act 1993:

(g)

the Financial Reporting Act 2013:

(h)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(i)

the Incorporated Societies Act 1908:

(j)

the Incorporated Societies Act 2022:

(k)

the Industrial and Provident Societies Act 1908:

(l)

the Insolvency Practitioners Regulation Act 2019:

(m)

the Limited Partnerships Act 2008:

(n)

the New Zealand Business Number Act 2016:

(o)

the Personal Property Securities Act 1999:

(p)

the Retirement Villages Act 2003:

(q)

the Securities Act 1978.

(6)

In this section,—

(a)

the former Department of Justice:

(b)

the former Ministry of Commerce:

(c)

the former Ministry of Economic Development:

(d)

the Ministry of Business, Innovation, and Employment

fee—

(a)

includes any penalty or overdue fee imposed, or interest charged, in relation to an unpaid or overdue fee; and

(b)

in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.

Subpart 7—Amendment to Incorporated Societies Act 1908

16 Principal Act

This subpart amends the Incorporated Societies Act 1908.

17 New section 37 inserted (Validation of fees used to recover costs of other Companies Office registers, etc)

After section 36, insert:

37 Validation of fees used to recover costs of other Companies Office registers, etc

(1)

This section applies to a fee—

(a)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4) or any regulations made under any of those Acts; and

(ii)

(b)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and

(ii)

was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5) or in exercising or performing the powers, functions, and duties of a Registrar under any of those Acts or any regulations made under any of those Acts.

(2)

The fee is and always has been validly imposed.

(3)

Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—

(a)

is and always has been lawfully collected and applied; and

(b)

may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii).

(4)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Building Societies Act 1965:

(c)

the Companies Act 1993:

(d)

the Financial Markets Conduct Act 2013:

(e)

the Financial Reporting Act 1993:

(f)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(g)

the Friendly Societies and Credit Unions Act 1982:

(h)

the Insolvency Practitioners Regulation Act 2019:

(i)

the Limited Partnerships Act 2008:

(j)

the Personal Property Securities Act 1999:

(k)

the Retirement Villages Act 2003:

(l)

the Securities Act 1978.

(5)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Building Societies Act 1965:

(c)

the Charitable Trusts Act 1957:

(d)

the Companies Act 1993:

(e)

the Financial Markets Conduct Act 2013:

(f)

the Financial Reporting Act 1993:

(g)

the Financial Reporting Act 2013:

(h)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(i)

the Friendly Societies and Credit Unions Act 1982:

(j)

the Incorporated Societies Act 2022:

(k)

the Industrial and Provident Societies Act 1908:

(l)

the Insolvency Practitioners Regulation Act 2019:

(m)

the Limited Partnerships Act 2008:

(n)

the New Zealand Business Number Act 2016:

(o)

the Personal Property Securities Act 1999:

(p)

the Retirement Villages Act 2003:

(q)

the Securities Act 1978.

(6)

In this section,—

(a)

the former Department of Justice:

(b)

the former Ministry of Commerce:

(c)

the former Ministry of Economic Development:

(d)

the Ministry of Business, Innovation, and Employment

fee—

(a)

includes any penalty or overdue fee imposed, or interest charged, in respect of an unpaid or overdue fee; and

(b)

in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.

Subpart 8—Amendment to Insolvency Practitioners Regulation Act 2019

18 Principal Act

This subpart amends the Insolvency Practitioners Regulation Act 2019.

19 New section 80A and cross-heading inserted

After section 80, insert:

Validation of fees

80A Validation of fees used to recover costs of other Companies Office registers, etc

(1)

This section applies to a fee—

(a)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4) or any regulations made under any of those Acts; and

(ii)

(b)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and

(ii)

was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5) or in exercising or performing the powers, functions, and duties of a Registrar under any of those Acts or any regulations made under any of those Acts.

(2)

The fee is and always has been validly imposed.

(3)

Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—

(a)

is and always has been lawfully collected and applied; and

(b)

may continue to be applied on and after 1 July 2022 to cover costs referred to in subsection (1)(a)(ii) and (b)(ii).

(4)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Building Societies Act 1965:

(c)

the Companies Act 1993:

(d)

the Financial Markets Conduct Act 2013:

(e)

the Financial Reporting Act 1993:

(f)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(g)

the Friendly Societies and Credit Unions Act 1982:

(h)

the Incorporated Societies Act 1908:

(i)

the Limited Partnerships Act 2008:

(j)

the Personal Property Securities Act 1999:

(k)

the Retirement Villages Act 2003:

(l)

the Securities Act 1978.

(5)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Building Societies Act 1965:

(c)

the Charitable Trusts Act 1957:

(d)

the Companies Act 1993:

(e)

the Financial Markets Conduct Act 2013:

(f)

the Financial Reporting Act 1993:

(g)

the Financial Reporting Act 2013:

(h)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(i)

the Friendly Societies and Credit Unions Act 1982:

(j)

the Incorporated Societies Act 1908:

(k)

the Incorporated Societies Act 2022:

(l)

the Industrial and Provident Societies Act 1908:

(m)

the Limited Partnerships Act 2008:

(n)

the New Zealand Business Number Act 2016:

(o)

the Personal Property Securities Act 1999:

(p)

the Retirement Villages Act 2003:

(q)

the Securities Act 1978.

(6)

In this section,—

(a)

the former Department of Justice:

(b)

the former Ministry of Commerce:

(c)

the former Ministry of Economic Development:

(d)

the Ministry of Business, Innovation, and Employment

fee—

(a)

includes any penalty or overdue fee imposed, or interest charged, in relation to an unpaid or overdue fee; and

(b)

in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.

Subpart 9—Amendment to Limited Partnerships Act 2008

20 Principal Act

This subpart amends the Limited Partnerships Act 2008.

21 New section 116A inserted (Validation of fees used to recover costs of other Companies Office registers, etc)

After section 116, insert:

116A Validation of fees used to recover costs of other Companies Office registers, etc

(1)

This section applies to a fee—

(a)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4) or any regulations made under any of those Acts; and

(ii)

(b)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and

(ii)

was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5) or in exercising or performing the powers, functions, and duties of a Registrar under any of those Acts or any regulations made under any of those Acts.

(2)

The fee is and always has been validly imposed.

(3)

Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—

(a)

is and always has been lawfully collected and applied; and

(b)

may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii).

(4)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Building Societies Act 1965:

(c)

the Companies Act 1993:

(d)

the Financial Markets Conduct Act 2013:

(e)

the Financial Reporting Act 1993:

(f)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(g)

the Friendly Societies and Credit Unions Act 1982:

(h)

the Incorporated Societies Act 1908:

(i)

the Insolvency Practitioners Regulation Act 2019:

(j)

the Personal Property Securities Act 1999:

(k)

the Retirement Villages Act 2003:

(l)

the Securities Act 1978.

(5)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Building Societies Act 1965:

(c)

the Charitable Trusts Act 1957:

(d)

the Companies Act 1993:

(e)

the Financial Markets Conduct Act 2013:

(f)

the Financial Reporting Act 1993:

(g)

the Financial Reporting Act 2013:

(h)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(i)

the Friendly Societies and Credit Unions Act 1982:

(j)

the Incorporated Societies Act 1908:

(k)

the Incorporated Societies Act 2022:

(l)

the Industrial and Provident Societies Act 1908:

(m)

the Insolvency Practitioners Regulation Act 2019:

(n)

the New Zealand Business Number Act 2016:

(o)

the Personal Property Securities Act 1999:

(p)

the Retirement Villages Act 2003:

(q)

the Securities Act 1978.

(6)

In this section,—

(a)

the former Department of Justice:

(b)

the former Ministry of Commerce:

(c)

the former Ministry of Economic Development:

(d)

the Ministry of Business, Innovation, and Employment

fee—

(a)

includes any penalty or overdue fee imposed, or interest charged, in relation to an unpaid or overdue fee; and

(b)

in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.

Subpart 10—Amendment to Personal Property Securities Act 1999

22 Principal Act

This subpart amends the Personal Property Securities Act 1999.

23 New section 190A and cross-heading inserted

After section 190, insert:

Validation of fees

190A Validation of fees used to recover costs of other Companies Office registers, etc

(1)

This section applies to a fee—

(a)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4) or any regulations made under any of those Acts; and

(ii)

(b)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and

(ii)

was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5) or in exercising or performing the powers, functions, and duties of a Registrar under any of those Acts or any regulations made under any of those Acts.

(2)

The fee is and always has been validly imposed.

(3)

Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—

(a)

is and always has been lawfully collected and applied; and

(b)

may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii).

(4)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Building Societies Act 1965:

(c)

the Companies Act 1993:

(d)

the Financial Markets Conduct Act 2013:

(e)

the Financial Reporting Act 1993:

(f)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(g)

the Friendly Societies and Credit Unions Act 1982:

(h)

the Incorporated Societies Act 1908:

(i)

the Insolvency Practitioners Regulation Act 2019:

(j)

the Limited Partnerships Act 2008:

(k)

the Retirement Villages Act 2003:

(l)

the Securities Act 1978.

(5)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Building Societies Act 1965:

(c)

the Charitable Trusts Act 1957:

(d)

the Companies Act 1993:

(e)

the Financial Markets Conduct Act 2013:

(f)

the Financial Reporting Act 1993:

(g)

the Financial Reporting Act 2013:

(h)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(i)

the Friendly Societies and Credit Unions Act 1982:

(j)

the Incorporated Societies Act 1908:

(k)

the Incorporated Societies Act 2022:

(l)

the Industrial and Provident Societies Act 1908:

(m)

the Insolvency Practitioners Regulation Act 2019:

(n)

the Limited Partnerships Act 2008:

(o)

the New Zealand Business Number Act 2016:

(p)

the Retirement Villages Act 2003:

(q)

the Securities Act 1978.

(6)

In this section,—

(a)

the former Department of Justice:

(b)

the former Ministry of Commerce:

(c)

the former Ministry of Economic Development:

(d)

the Ministry of Business, Innovation, and Employment

fee—

(a)

includes any penalty or overdue fee imposed, or interest charged, in relation to an unpaid or overdue fee; and

(b)

in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.

Subpart 11—Amendment to Retirement Villages Act 2003

24 Principal Act

This subpart amends the Retirement Villages Act 2003.

25 New section 102A and cross-heading inserted

After section 102, insert:

Validation of fees

102A Validation of fees used to recover costs of other Companies Office registers, etc

(1)

This section applies to a fee—

(a)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4) or any regulations made under any of those Acts; and

(ii)

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 in operating 1 or more registers under this Act or in exercising or performing any other powers, functions, and duties under this Act or any regulations made under this Act; or

(b)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and

(ii)

was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5) or in exercising or performing the powers, functions, and duties of a Registrar under any of those Acts or any regulations made under any of those Acts.

(2)

The fee is and always has been validly imposed.

(3)

Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—

(a)

is and always has been lawfully collected and applied; and

(b)

may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii).

(4)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Building Societies Act 1965:

(c)

the Companies Act 1993:

(d)

the Financial Markets Conduct Act 2013:

(e)

the Financial Reporting Act 1993:

(f)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(g)

the Friendly Societies and Credit Unions Act 1982:

(h)

the Incorporated Societies Act 1908:

(i)

the Insolvency Practitioners Regulation Act 2019:

(j)

the Limited Partnerships Act 2008:

(k)

the Personal Property Securities Act 1999:

(l)

the Securities Act 1978.

(5)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Building Societies Act 1965:

(c)

the Charitable Trusts Act 1957:

(d)

the Companies Act 1993:

(e)

the Financial Markets Conduct Act 2013:

(f)

the Financial Reporting Act 1993:

(g)

the Financial Reporting Act 2013:

(h)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(i)

the Friendly Societies and Credit Unions Act 1982:

(j)

the Incorporated Societies Act 1908:

(k)

the Incorporated Societies Act 2022:

(l)

the Industrial and Provident Societies Act 1908:

(m)

the Insolvency Practitioners Regulation Act 2019:

(n)

the Limited Partnerships Act 2008:

(o)

the New Zealand Business Number Act 2016:

(p)

the Personal Property Securities Act 1999:

(q)

the Securities Act 1978.

(6)

In this section,—

(a)

the former Department of Justice:

(b)

the former Ministry of Commerce:

(c)

the former Ministry of Economic Development:

(d)

the Ministry of Business, Innovation, and Employment

fee—

(a)

includes any penalty or overdue fee imposed, or interest charged, in relation to an unpaid or overdue fee; and

(b)

in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.

Part 2 Provisions relating to repealed Acts

Subpart 1—Provision relating to Financial Reporting Act 1993 (repealed but preserved in part for certain purposes)

26 Validation of fees used to recover costs of other Companies Office registers

(1)

This section applies to a fee—

(a)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4) or any regulations made under any of those Acts; and

(ii)

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 in operating 1 or more registers under the Financial Reporting Act 1993 (as preserved in part for certain purposes) or in exercising or performing any other powers, functions, and duties under that Act or any regulations made under that Act; or

(b)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under the Financial Reporting Act 1993 or any regulations made under that Act; and

(ii)

was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5) or in exercising or performing any other powers, functions, and duties under those Acts or any regulations made under any of those Acts.

(2)

The fee is and always has been validly imposed.

(3)

Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—

(a)

has always been lawfully collected and applied; and

(b)

may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(b)(ii).

(4)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Building Societies Act 1965:

(c)

the Companies Act 1993:

(d)

the Financial Markets Conduct Act 2013:

(e)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(f)

the Friendly Societies and Credit Unions Act 1982:

(g)

the Incorporated Societies Act 1908:

(h)

the Insolvency Practitioners Regulation Act 2019:

(i)

the Limited Partnerships Act 2008:

(j)

the Personal Property Securities Act 1999:

(k)

the Retirement Villages Act 2003:

(l)

the Securities Act 1978.

(5)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Building Societies Act 1965:

(c)

the Charitable Trusts Act 1957:

(d)

the Companies Act 1993:

(e)

the Financial Markets Conduct Act 2013:

(f)

the Financial Reporting Act 2013:

(g)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(h)

the Friendly Societies and Credit Unions Act 1982:

(i)

the Incorporated Societies Act 1908:

(j)

the Incorporated Societies Act 2022:

(k)

the Industrial and Provident Societies Act 1908:

(l)

the Insolvency Practitioners Regulation Act 2019:

(m)

the Limited Partnerships Act 2008:

(n)

the New Zealand Business Number Act 2016:

(o)

the Personal Property Securities Act 1999:

(p)

the Retirement Villages Act 2003:

(q)

the Securities Act 1978.

(6)

In this section,—

(a)

the former Department of Justice:

(b)

the former Ministry of Commerce:

(c)

the former Ministry of Economic Development:

(d)

the Ministry of Business, Innovation, and Employment

fee—

(a)

includes any penalty or overdue fee imposed, or interest charged, in relation to an unpaid or overdue fee; and

(b)

in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.

Subpart 2—Provision relating to Securities Act 1978 (repealed but preserved in part for certain purposes)

27 Validation of fees used to recover costs of other Companies Office registers

(1)

This section applies to a fee—

(a)

that—

(i)

is or was payable or purportedly payable on or before 1 June 2022 under any of the Acts listed in subsection (4) or any regulations made under any of those Acts; and

(ii)

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 in operating 1 or more registers under the Securities Act 1978 (as preserved in part for certain purposes) or in exercising or performing any other powers, functions, and duties under that Act; or

(b)

that—

(i)

is or was payable or purportedly payable on or before 30 June 2022 under the Securities Act 1978 or any regulations made under that Act; and

(ii)

was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5) or in exercising or performing any other powers, functions, and duties under those Acts or any regulations made under any of those Acts.

(2)

The fee is and always has been validly imposed.

(3)

Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—

(a)

has always been lawfully collected and applied; and

(b)

may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(b)(ii).

(4)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Building Societies Act 1965:

(c)

the Companies Act 1993:

(d)

the Financial Markets Conduct Act 2013:

(e)

the Financial Reporting Act 1993:

(f)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(g)

the Friendly Societies and Credit Unions Act 1982:

(h)

the Incorporated Societies Act 1908:

(i)

the Insolvency Practitioners Regulation Act 2019:

(j)

the Limited Partnerships Act 2008:

(k)

the Personal Property Securities Act 1999:

(l)

the Retirement Villages Act 2003.

(5)

The Acts are—

(a)

the Auditor Regulation Act 2011:

(b)

the Building Societies Act 1965:

(c)

the Charitable Trusts Act 1957:

(d)

the Companies Act 1993:

(e)

the Financial Markets Conduct Act 2013:

(f)

the Financial Reporting Act 1993:

(g)

the Financial Reporting Act 2013:

(h)

the Financial Service Providers (Registration and Dispute Resolution) Act 2008:

(i)

the Friendly Societies and Credit Unions Act 1982:

(j)

the Incorporated Societies Act 1908:

(k)

the Incorporated Societies Act 2022:

(l)

the Industrial and Provident Societies Act 1908:

(m)

the Insolvency Practitioners Regulation Act 2019:

(n)

the Limited Partnerships Act 2008:

(o)

the New Zealand Business Number Act 2016:

(p)

the Personal Property Securities Act 1999:

(q)

the Retirement Villages Act 2003.

(6)

In this section,—

(a)

the former Department of Justice:

(b)

the former Ministry of Commerce:

(c)

the former Ministry of Economic Development:

(d)

the Ministry of Business, Innovation, and Employment

fee—

(a)

includes any penalty or overdue fee imposed, or interest charged, in relation to an unpaid or overdue fee; and

(b)

in relation to the Insolvency Practitioners Regulation Act 2019, includes a levy imposed under section 81 of that Act.

Schedule 1 Transitional, savings, and related provisions

s 3

There are no transitional, savings, or related provisions in this Act as enacted.

Sort by