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Annex 1: Identifying Compliance Costs: Key Steps


Business Compliance Cost Statements: Guidelines for Departments

Regulatory and Compliance Cost Unit
[ Last Updated 13 December 2005 ]


Example 1

Note: The level of detail provided in these examples is not required in the BCCS, rather this is a useful analytical tool.

A useful example to demonstrate steps in identifying the compliance cost component of a regulatory obligation is the (now obsolete) broadcasting fee. Previously, under the Broadcasting (Public Broadcasting Fees) Regulations 1989 any person owning, hiring, possessing, or using a television set was liable for payment of the Public Service Broadcasting Fee. In addition, the regulations required television dealers and hire firms to pass the date of sale or hire, full name and address of the television purchaser or hirer to NZ on Air. The practical steps involved in collecting and paying the Fee, and the type and incidence of cost are as follows.

ActivityType of CostIncurred by:
  1. The dealer/hire firm determines its obligations under the Broadcasting (Public Broadcasting Fees) Regulations, and set up compliance procedures.
Compliance
(one-off)
Purchaser / hirer firms
  1. A television is hired or purchased.
Not a regulatory cost2Purchasers / hirers
  1. The name of the hirer or purchaser is collected along with their address by the television hirer or dealer (which is also obtained for warranty, delivery, or hire purchase reasons).
Compliance
(ongoing)
Dealers / hire firms
  1. Date of purchase and name and address details are forwarded to NZ on Air either electronically or manually. The electronic option normally involves the television supplier mailing a disk of the information to NZ on Air (usually once a month). The manual option involves completing freepost dealer postcards which are provided by NZ on Air. Hire firms provide a monthly return of customers who have hired for more than a month.
Compliance
(ongoing)
Dealers / hire firms
  1. NZ on Air check the television viewer details against their database of Broadcasting Fee payers. This is cross checked for alternative addresses and names to ensure that an address or person has not already paid the fee.
AdministrativeNZ on Air
  1. NZ on Air send out fee advice notices to those who have not already paid a Broadcasting Fee. Viewers hiring televisions are billed on a monthly basis by NZ on Air.
AdministrativeNZ on Air
  1. Viewers make payment of the fees by cheque, credit card, or direct credit. They may also make inquiries or dispute payments via the use of a toll-free number. Television dealers and hirers may also use this line for enquiries.
Direct
Administrative
Compliance
Purchaser / hirers
NZ on Air
Dealers / hire firms

Example 2

Under the Building Act 1991 an owner is required to obtain a Building Consent from a Territorial Authority prior to commencing construction on a building. The Territorial Authority involved is required to keep records that include all plans and specifications submitted with the application. When the building is completed, and the Authority is satisfied that it complies with the approved documents and other statutory requirements, the owner is issued with a Code Compliance Certificate.

The building will also be issued with a Compliance Schedule by the Territorial Authority if it has systems such as automatic sprinklers, automatic doors, lifts or air-conditioning systems. The owner is required to employ an Independent Qualified Persons to inspect, maintain and report on these Compliance Schedule items.

ActivityType of costIncurred by:
  1. Owner determines what their obligations under the Building Act 1991 - if necessary obtains advice from lawyer.
ComplianceOwner
  1. The owner picks up plans and specifications from the Architect, collects other information required, and provides them to the Territorial Authority to obtain a Building Consent.
ComplianceOwner
  1. The Territorial Authority keeps records of the building including the approved plans and specifications.
AdministrativeTerritorial Authority
  1. The Territorial Authority checks that the completed building complies with approved documents and other statutory documents prior to issuing a Code Compliance Certificate
AdministrativeTerritorial Authority
  1. Owner pays for the Code Compliance Certificate.
DirectOwner
  1. The Territorial Authority prepares and issues the owner with a Compliance Schedule.
AdministrativeTerritorial Authority
  1. The owner investigates suitable Independent Qualified Persons and arranges for them to inspect, maintain and report on compliance schedule systems.
ComplianceOwner
  1. Owner pays independent inspector.
DirectOwner

Example 3

Prior to any offer of securities to the public, the Securities Act 1978 requires the registration of a prospectus if those securities are to be allotted. The Securities Act and the Securities Regulations 1983 require certain information be disclosed in the prospectus, that, where required, documentation be in a prescribed format, and that all information be registered with the Registrar of Companies. The practical steps involved in making an offer of securities to the public and the type and incidence of cost are as follows:

ActivityType of CostIncurred by
  1. An issuer undertakes an assessment of its ability to raise capital and decides to make an offer of securities to the public.
DirectIssuer
  1. The issuer fulfils content and format requirements of Securities Act and Securities Regulations.
ComplianceIssuer
  1. The issuer submits prospectus for registration with the Registrar of Companies and pays fee.
ComplianceIssuer
  1. The Registrar checks the details of the Prospectus against the requirements of the Securities Regulations and issues certificate of registration.
AdministrativeRegistrar
  1. The issuer makes the offer of securities to the public by prospectus, investment statement or authorised advertisement3.
DirectIssuer
  1. Investors accept issuer's offer of securities.
DirectInvestors
  1. Investors issued with share certificate.
ComplianceIssuer
  1. Issuer keeps register of details of holders of securities, as required to by regulation.
ComplianceIssuer

2 Note that the Broadcasting Fee itself is not a compliance cost. The fee represents the direct component of the regulatory obligation.

3 However, the Issuer must have a prospectus and investment statement to comply with the Securities Act and must provide a copy of the prospectus to an investor, if requested.



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