Section 393 — Immigration Act 2009: Fees and how they may be prescribed for purposes of section 400

393 Fees and how they may be prescribed for purposes of section 400 (1) Without limiting the power to prescribe fees set out in section 400 ,— (a) fees may be prescribed under that section in relation to any matter or service under or arising from this Act,— (i) whether it be the acceptance for processing of, the processing of, or the decision on any application, request, or appeal: (ii) whether or not it relates to a formal process: (iii) whether or not any other fee is payable in respect of some other aspect of the same matter: (iv) whether or not it relates to a visa, special direction, waiver, or other exercise of powers under this Act: (b) the regulations may prescribe any manner in which fees may or may not be payable: (c) the regulations may prescribe to whom the fees or charges are payable and, in the case of any fees or charges payable to the Department, may provide for, or allow, the fee or charge to be payable to a third person on behalf of the Department. (2) Fees may apply to an individual person or application, or to a group of persons or applications, or otherwise. (3) Fees may not be imposed on claimants for any matter relating to refugee status or protection status. (4) Fees may be prescribed in a way, or at a level or levels, or using 1 or more methods of calculation, that reflects the variable nature of the costs or potential costs that give rise to the need for each fee, and the range of factors that influence those costs. (5) Without limiting subsection (4), the fees prescribed may— (a) differ depending on whether a special or urgent service is provided: (b) include more than 1 level of fee for the same service provided in different ways, or provided in or in respect of different places: (c) differ for otherwise similar services provided in different ways: (d) differ for otherwise similar services provided to different categories of person: (e) differ depending on the amount of service required or the components of the service required for the particular person or class of person: (f) differ depending on whether a group of people (including a family group) is requesting or obtaining the services in question: (g) differ depending on whether an agent is used to deliver or help deliver the service concerned. (6) Without limiting the way in which fees may be set, a fee may be set at a level or in a way that— (a) is determined by calculations that involve an averaging of costs or potential costs: (b) takes into account costs or potential costs of services that are not to be provided directly to the person who pays the fee but that are an indirect or potential cost arising from the delivery of the service in question to a class of persons or all persons who use the service. (7) A fee is payable at the time prescribed in respect of a particular service, whether that time is before, during, or after completion of the relevant service. (8) In the case of services to be provided outside New Zealand or in respect of a person outside New Zealand,— (a) a fee may be set in New Zealand dollars or in a foreign currency; and (b) if the fee is set in New Zealand dollars, the method of determining the amount payable at any time in currency other than New Zealand dollars is to be determined by the chief executive. (9) A fee may also be required by the regulations in question to be paid in New Zealand dollars only. (10) All fees prescribed under this Act and received by the Department or any other government department must be paid into a Crown Bank Account. Compare: 1987 No 74 s 148A