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Resource Management Act 1991

Functions, powers, and duties of central and local government - Functions, powers, and duties of local authorities

36: Administrative charges

You could also call this:

“This law allows local councils to set fees for things like processing building permits, monitoring land use, and providing information about city plans.”

You can be charged by your local council for various things related to resource management. These charges cover:

  1. Preparing or changing policy statements or plans
  2. Processing resource consent applications
  3. Administering, monitoring, and supervising resource consents
  4. Reviewing consent conditions
  5. Monitoring permitted activities
  6. Processing designations and heritage orders
  7. Providing information about plans and resource consents
  8. Supplying documents

The council sets these charges using a special process. They must follow rules about how to set the charges and consult with the public first.

If the set charge isn’t enough to cover the council’s costs in a particular case, they can ask you to pay an extra amount. You can ask for an estimate of any extra charges before they’re applied.

If you don’t agree with an extra charge, you have the right to object or appeal against it.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233023.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
Housing and property > Land use
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“Local councils must keep detailed records about Māori groups in their area and how they look after the land.”

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36AAA: Criteria for fixing administrative charges, or

“Rules for deciding how much local councils can charge people for their services”

Part 4 Functions, powers, and duties of central and local government
Functions, powers, and duties of local authorities

36Administrative charges

  1. A local authority may from time to time fix charges of all or any of the following kinds:

  2. charges payable by applicants for the preparation or change of a policy statement or plan, for the carrying out by the local authority of its functions in relation to such applications:
    1. charges payable by an applicant who makes a request under section 100A in relation to an application for a resource consent, even if 1 or more submitters also make a request, for the cost of the application being heard and decided in accordance with the request:
      1. charges payable if 1 or more submitters make a request under section 100A in relation to an application for a resource consent, but the applicant does not also make a request, as follows:
        1. charges payable by the applicant for the amount that the local authority estimates it would cost for the application to be heard and decided if the request had not been made; and
          1. charges payable by the submitters who made a request for equal shares of any amount by which the cost of the application being heard and decided in accordance with the request exceeds the amount payable by the applicant under subparagraph (i):
          2. charges payable by a requiring authority or heritage protection authority who makes a request under section 100A in relation to a notice of requirement, even if 1 or more submitters also make a request, for the cost of the requirement being heard and decided or recommended on in accordance with the request:
            1. charges payable if 1 or more submitters make a request under section 100A in relation to a notice of requirement, but the requiring authority or heritage protection authority does not also make a request, as follows:
              1. charges payable by the requiring authority or heritage protection authority for the amount that the local authority estimates it would cost for the requirement to be heard and decided or recommended on if the request had not been made; and
                1. charges payable by the submitters who made a request for equal shares of any amount by which the cost of the requirement being heard and decided or recommended on in accordance with the request exceeds the amount payable by the authority under subparagraph (i):
                2. charges payable by persons proposing to undertake an activity, for the carrying out by the local authority of its functions in relation to issuing a notice under section 87BA or 87BB stating whether the activity is a permitted activity:
                  1. charges payable by a person making an objection under section 357A(1)(f) or (g), if the person requests under section 357AB that the objection be considered by a hearings commissioner, for the cost of the objection being considered and decided in accordance with the request:
                    1. charges payable by applicants for resource consents, for the carrying out by the local authority of any 1 or more of its functions in relation to the receiving, processing, and granting of resource consents (including certificates of compliance and existing use certificates):
                      1. charges payable by holders of resource consents, for the carrying out by the local authority of its functions in relation to the administration, monitoring, and supervision of resource consents (including certificates of compliance and existing use certificates), and for the carrying out of its resource management functions under section 35:
                        1. charges payable by persons seeking authorisations under Part 7A, for the carrying out by the local authority of its functions in relation to the allocation of authorisations (whether by tender or any other method), including its functions preliminary to the allocation of authorisations:
                          1. charges payable by holders of resource consents, for the carrying out by the local authority of any 1 or more of its functions in relation to reviewing consent conditions, if—
                            1. the review is carried out at the request of the consent holder; or
                              1. the review is carried out under section 128(1)(a); or
                                1. the review is carried out under section 128(1)(c); or
                                  1. the review is carried out under section 128(2):
                                  2. charges payable by a person who carries out a permitted activity, for the monitoring of that activity, if the local authority is empowered to charge for the monitoring in accordance with section 43A(8):
                                    1. charges payable by the farm operator of a farm that is required to have a certified freshwater farm plan, for the carrying out by the local authority of its functions under section 217I:
                                      1. charges payable by requiring authorities and heritage protection authorities, for the carrying out by the local authority of any 1 or more of its functions in relation to designations and heritage orders:
                                        1. charges for providing information in respect of plans and resource consents, payable by the person requesting the information:
                                          1. charges for supply of documents, payable by the person requesting the document:
                                            1. any kind of charge authorised for the purposes of this section by regulations.

                                              1. To avoid doubt, charges may be fixed under subsection (1) to recover costs incurred by the consent authority for performing its functions under—

                                              2. sections 88 to 88F, 91(1) and (2), 91A to 92B, 95, 95A(2), and 96 to 103B in relation to an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977 that is made jointly with an application for a resource consent:
                                                1. Part 2 of Schedule 1 in relation to an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977 that is made jointly with a request for a change to a district plan or regional plan.

                                                  1. Charges fixed under this section must be either specific amounts or determined by reference to scales of charges or other formulae fixed by the local authority.

                                                  2. Charges may be fixed under this section only—

                                                  3. in the manner set out in section 150 of the Local Government Act 2002; and
                                                    1. after using the special consultative procedure set out in section 83 of the Local Government Act 2002; and
                                                      1. in accordance with section 36AAA.

                                                        1. Repealed

                                                        2. A local authority must fix a charge under this section if required to do so by regulations made under section 360F.

                                                        3. Except where regulations are made under section 360F, if a charge fixed under this section is, in any particular case, inadequate to enable a local authority to recover its actual and reasonable costs in respect of the matter concerned, the local authority may require the person who is liable to pay the charge to also pay an additional charge to the local authority.

                                                        4. A local authority must, on request by any person liable to pay a charge under this section, provide an estimate of any additional charge likely to be imposed under subsection (5).

                                                        5. Sections 357B to 358 (which deal with rights of objection and appeal against certain decisions) apply in respect of the requirement by a local authority to pay an additional charge under subsection (5).

                                                        6. Section 36AAB sets out other matters relating to administrative charges.

                                                        Notes
                                                        • Section 36(1): amended, on , by section 20(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                        • Section 36(1): amended, on , by section 20(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                        • Section 36(1)(aa): inserted, on , by section 31(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                        • Section 36(1)(ab): inserted, on , by section 31(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                        • Section 36(1)(ac): inserted, on , by section 31(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                        • Section 36(1)(ad): inserted, on , by section 31(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                        • Section 36(1)(ae): inserted, on , by section 129 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                        • Section 36(1)(af): inserted, on , by section 129 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                        • Section 36(1)(b): amended, on , by section 31(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                        • Section 36(1)(b): amended, on , by section 17(1) of the Resource Management Amendment Act 2005 (2005 No 87).
                                                        • Section 36(1)(c): amended, on , by section 17(2) of the Resource Management Amendment Act 2005 (2005 No 87).
                                                        • Section 36(1)(ca): inserted, on , by section 8 of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
                                                        • Section 36(1)(cb): inserted, on , by section 17(3) of the Resource Management Amendment Act 2005 (2005 No 87).
                                                        • Section 36(1)(cb): amended, on , by section 31(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                        • Section 36(1)(cb)(iii): amended, on , by section 31(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                        • Section 36(1)(cb)(iv): inserted, on , by section 31(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                        • Section 36(1)(cc): inserted, on , by section 20(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                        • Section 36(1)(cd): inserted, on , by section 9 of the Resource Management Amendment Act 2020 (2020 No 30).
                                                        • Section 36(1)(d): amended, on , by section 31(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                        • Section 36(1A): inserted, on , by section 188(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                        • Section 36(2): replaced, on , by section 20(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                        • Section 36(3): replaced, on , by section 20(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                        • Section 36(3A): repealed, on , by section 20(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                        • Section 36(4): replaced, on , by section 20(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                        • Section 36(5): replaced, on , by section 20(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                        • Section 36(6): replaced, on , by section 20(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                        • Section 36(7): replaced, on , by section 20(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                        • Section 36(8): replaced, on , by section 20(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).