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Resource Management Act 1991

Transitional provisions - Subdivision and development

411: Restriction on imposition of conditions as to financial contributions

You could also call this:

“No double charging for the same activity”

When you apply for a resource consent, the consent authority can’t make you pay a certain type of financial contribution if you have already paid or are going to pay a development levy for the same activity. This is because you have already paid or will pay money for the activity under the Local Government Act 1974, which includes things like reserves contributions and development levies. The consent authority must use the money they receive for the purpose it was given.

If you have paid or are paying financial contributions under Part 20 and 21 of the Local Government Act 1974, the consent authority must deal with the money according to section 223F of the Local Government Act 1974. They must also use the money in a reasonable way for the purpose it was received. This means they have to use the money for what it was intended, like paying for things related to your activity.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240380.

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Part 15 Transitional provisions
Subdivision and development

411Restriction on imposition of conditions as to financial contributions

  1. A consent authority shall not impose a condition of the type contemplated by section 108(2)(a) on any resource consent where a development levy within the meaning of section 270 of the Local Government Act 1974 (before its repeal by this Act) has been fixed and is paid or payable in respect of the activity in respect of which the application for the resource consent is made.

  2. Where financial contributions under Part 20 and 21 of the Local Government Act 1974 (including reserves contributions and development levies) have been fixed and have been paid, or are paid or payable in respect of an activity, the consent authority shall deal with the money in accordance with the requirement of section 223F of the Local Government Act 1974 and in reasonable accordance with the purposes for which the money was received.

Notes
  • Section 411(1): amended, on , by section 66 of the Resource Management Amendment Act 1997 (1997 No 104).
  • Section 411(2): inserted, on , by section 195 of the Resource Management Amendment Act 1993 (1993 No 65).