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Local Government Act 2002

Regulations, other Orders in Council, and rules - Regulations

259A: Levy to fund rules for performance measures

You could also call this:

“Councils may need to pay a fee to help make rules about how well they're doing their job”

You can make rules about charging local authorities (councils) a fee to help pay for setting up rules about how well they’re doing their job. This fee is called a levy.

The rules can say which councils need to pay the fee, how much they need to pay, and how they should pay it. Different types of councils might have to pay different amounts.

When councils pay this fee, the money goes into a special government bank account.

The fee needs to be fair. It should match the costs of making rules about how councils are performing. If a council doesn’t pay, the government can take them to court to get the money.

Before making any rules about this fee, the Minister needs to talk to the New Zealand Local Government Association Incorporated first.

If you want to know more about making these rules, you can look at section 259. For information about the rules for measuring how well councils are doing, check out section 261B.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3415408.

Topics:
Government and voting > Local councils
Money and consumer rights > Taxes
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259: Regulations, or

“Rules the government can make to help run local areas”

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259B: Power to refund levy, or

“The government can give back extra money they collected if they don't need it all”

Part 11 Regulations, other Orders in Council, and rules
Regulations

259ALevy to fund rules for performance measures

  1. Regulations may be made under section 259 providing for the imposition and collection of a levy on local authorities.

  2. The purpose of the levy is to recover all or part of the reasonable cost of making rules specifying performance measures.

  3. Regulations made for the purpose of this section may—

  4. specify the categories of local authorities that are liable to pay the levy:
    1. prescribe the amount or method of calculation of the levy:
      1. prescribe different amounts or methods of calculation of the levy in relation to different categories of local authority:
        1. provide for the manner in which the levy is collected.

          1. All levy money collected under this section must be paid into a Crown Bank Account.

          2. Any levy—

          3. must be reasonable having regard to the expenses incurred or to be incurred by the Secretary in relation to the making of rules under section 261B; and
            1. is payable to the Secretary and recoverable in a court of competent jurisdiction as a debt due to the Secretary.

              1. The Minister may recommend the making of regulations that impose a levy only if the Minister has first consulted the New Zealand Local Government Association Incorporated.

              Notes
              • Section 259A: inserted, on , by section 40 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).