Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Transitional provisions - Subdivision and development

411: Restriction on imposition of conditions as to financial contributions

You could also call this:

“This rule says you can't be asked to pay twice for the same building project.”

You cannot be asked to pay a financial contribution for a resource consent if you have already paid or are going to pay a development levy for the same activity. A development levy is a type of payment that was required under an old law.

If you have paid or are going to pay financial contributions, including reserves contributions and development levies, the consent authority must use the money as required by the old law. They should use it for purposes similar to why it was collected in the first place.

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 It might be out of date or be missing some parts.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=DLM240380.

Topics:
Housing and property > Home safety and repairs
Housing and property > Land use
Environment and resources > Town planning
Previous

410: Existing developments, or

“Rules for building projects that started before the new law came into effect stay the same”

Next

412: Expiry of certain sections, or

“This rule about dividing land and building stuff doesn't work anymore because it got cancelled.”

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).