Plain language law

New Zealand law explained for everyone

Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Powers of local authorities to make bylaws - Power of local authorities to prescribe fees

150: Fees may be prescribed by bylaw

You could also call this:

“Local councils can set fees for certain services, but there are rules about how they do it”

You can be charged fees by your local authority for certain things. These fees can be for getting a certificate, approval, permit, or consent, or for an inspection by the local authority. The local authority can only charge these fees if they are allowed by a bylaw or another law.

The local authority can make a bylaw that lets you get a refund, pay less, or not pay at all in some situations.

The local authority has to set these fees in a bylaw or after talking to the public in a special way described in section 82.

The local authority can’t charge you more than what it costs them to do the work.

You can look at copies of these bylaws for free at the local authority’s office during normal working hours.

This rule doesn’t apply to things the local authority sells or services they provide under section 12.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM172990.

Topics:
Government and voting > Local councils
Money and consumer rights > Consumer protection
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“Regional councils can create special rules for their land and services”

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Part 8 Regulatory, enforcement, and coercive powers of local authorities
Powers of local authorities to make bylaws: Power of local authorities to prescribe fees

150Fees may be prescribed by bylaw

  1. A local authority may prescribe fees or charges payable for a certificate, authority, approval, permit, or consent from, or inspection by, the local authority in respect of a matter provided for—

  2. in a bylaw made under this Act; or
    1. under any other enactment, if the relevant provision does not—
      1. authorise the local authority to charge a fee; or
        1. provide that the certificate, authority, approval, permit, consent, or inspection is to be given or made free of charge.

        2. A bylaw may provide for the refund, remission, or waiver of a fee in specified situations or in situations determined by the local authority.

        3. Fees provided for in subsection (1) must be prescribed either—

        4. in bylaws; or
          1. following consultation in a manner that gives effect to the requirements of section 82.

            1. The fees prescribed under subsection (1) must not provide for the local authority to recover more than the reasonable costs incurred by the local authority for the matter for which the fee is charged.

            2. The local authority must ensure that copies of all bylaws made under subsection (1) or subsection (3) are available for public inspection free of charge at the public office of the local authority during ordinary office hours.

            3. This section does not apply to charges for goods, services, or amenities provided by the local authority in reliance on the general power under section 12.

            Compare
            Notes
            • Section 150(3)(b): replaced, on , by section 46 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).