Companies Act 1993

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment
372 Fees

(1)

The Governor-General may from time to time, by Order in Council, make regulations prescribing—

(a)

fees or other amounts payable to the Registrar in respect of the performance or exercise of the Registrar’s functions, powers, and duties under this Act:

(b)

amounts payable to the Registrar by way of penalty for failure to deliver a document to the Registrar within the time prescribed by this Act:

(c)

fees or other amounts payable to the Registrar in respect of any other matter under this Act.

(2)

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

(3)

Any Order in Council made under subsection (1) may authorise the Registrar to waive, in whole or in part and on such conditions as may be prescribed, payment of any amount referred to in paragraph (b) of that subsection.

(3A)

If the Registrar declines to reserve a name or revokes the reservation of a name under section 22, the Registrar may remit the fee payable in respect of a subsequent application on behalf of the company to reserve a name.

(3B)

If the Registrar, under section 24(1), requires a company to change its name, no fee is payable in respect of an application for the reservation of a name or an application to change the name of the company.

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Subsections (3C) and (3D) and this subsection are repealed on 1 July 2023.

(4)

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

(5)

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Compare: 1955 No 63 s 8; 1973 No 13 s 3; 1975 No 137 s 4

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 372(1)(a): amended, on 6 June 2019, by section 4(1) of the New Zealand Business Number Funding (Validation and Authorisation) Act 2019 (2019 No 25).

Section 372(2): amended, on 6 June 2019, by section 4(2) of the New Zealand Business Number Funding (Validation and Authorisation) Act 2019 (2019 No 25).

Section 372(3A): inserted, on 1 July 1994, by section 45 of the Companies Act 1993 Amendment Act 1994 (1994 No 6).

Section 372(3B): inserted, on 1 July 1994, by section 45 of the Companies Act 1993 Amendment Act 1994 (1994 No 6).

Section 372(3C): inserted, on 6 June 2019, by section 4(3) of the New Zealand Business Number Funding (Validation and Authorisation) Act 2019 (2019 No 25).

Section 372(3D): inserted, on 6 June 2019, by section 4(3) of the New Zealand Business Number Funding (Validation and Authorisation) Act 2019 (2019 No 25).

Section 372(3E): inserted, on 6 June 2019, by section 4(3) of the New Zealand Business Number Funding (Validation and Authorisation) Act 2019 (2019 No 25).

Section 372(5): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).