Fire and Emergency New Zealand (Levy) Amendment Act 2019

1: Title
This Act is the Fire and Emergency New Zealand (Levy) Amendment Act 2019.
2: Commencement
1: Section 8 1 July 2019
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Fire and Emergency New Zealand Act 2017 principal Act 2019-05-08 Fire and Emergency New Zealand Act 2017 See s 2(2) 2019-07-01 Fire and Emergency New Zealand Act 2017 Section 8 — see s 2(1)
4: Section 2 amended (Commencement)
In section 2(6) 2019 2024
5: Section 141 amended (Levy regulations)
1: In section 141(1) in accordance with sections 142 and 143
2: After section 141(4)
4A: Regulations prescribing a rate of levy under subsection (2) or (3)﻿(a) or prescribing a maximum amount of levy under subsection (3)﻿(b) must not come into force earlier than 4 months after the date on which they are published.
6: Section 142 amended (Procedure for levy regulations)
1: In section 142(1) the next period of 3 financial years an upcoming period specified by the Minister
2: Replace section 142(4) and (5)
4: In making a determination, the Minister must take into account the following (in addition to the purpose of this Part):
a: an estimate of the total number of motor vehicles in respect of which the levy is payable and the likelihood of any change in that number:
b: an estimate of the total amount insured for insured properties and the likelihood of any change in that amount:
c: an estimate of the total amount of exemptions and waivers from the payment of the levy that are expected to apply in relation to the period:
d: any amount by which actual levy income received in a preceding period exceeded FENZ’s actual net costs in a preceding period:
e: any amount by which actual levy income received in a preceding period was less than FENZ’s actual net costs in a preceding period:
f: the benefit of maintaining the stability of each rate of the levy in the long term.
5: The Minister must then recommend the making of regulations under section 141
7: Section 143 amended (Consultation about levy regulations)
1: In section 143(1) recommendation under section 142(4) determination under section 142(3)
2: In section 143(5)﻿(a) recommended the making of the regulations made a determination under section 142(3)
8: Schedule 1 amended
1: In Schedule 1, clause 24(1) archive clause 25A(2) cultural heritage body clause 25A(2) cultural heritage items clause 25A(2)
2: In Schedule 1, after clause 25
25A: Art and items in collections exempt from levy
1: Despite clause 25
a: are insured against fire under any contract of fire insurance made in New Zealand; and
b: are in a collection of a cultural heritage body (whether or not the art or items are currently present in or on that body’s premises).
2: In this clause,— archive—
a: includes Archives New Zealand (Te Rua Mahara o te Kāwanatanga) and the National Library of New Zealand Te Puna Mātauranga o Aotearoa; and
b: includes specialist archival units (for example, an archival unit within a general university library such as the Hocken Collections—Uare Taoka o Hākena); but
c: does not include a library cultural heritage body
a: is a permanent non-profit-making body whose primary purpose is to exhibit or conserve cultural heritage items in perpetuity to enable public education, public enjoyment, or the preservation of those cultural heritage items; and
b: exhibits or conserves its collection or collections in or on premises that are not a private residence and that are usually open to the public or a class of the public cultural heritage items
25B: New Zealand Defence Force property exempt from levy
Despite clause 25, a levy is not payable for property that is insured—
a: against fire under any contract of fire insurance made in New Zealand; and
b: by, and for the purposes of, the New Zealand Defence Force.