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Resource Management Act 1991

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

36AA: Local authority policy on discounting administrative charges

You could also call this:

"Local authorities must give you a discount if they take too long to process your application"

When you deal with a local authority, they might charge you for some things. They have to give you a discount on these charges in certain situations. This is decided by rules made under section 360(1)(hj) or by a policy the local authority has.

If the local authority has a policy, they have to give you the better discount. You get this discount if the local authority takes too long to process your application. They are responsible for the delay.

The local authority's policy must say how much of a discount you get. It must also say how you can get this discount. The Minister has to make sure these rules are in place.

The Minister must talk to local authorities before making these rules. They have to make these rules within a certain time frame after section 32 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 starts. The Minister must ensure these rules stay in place, but they can be changed.

A local authority can make its own policy about discounts. They have to follow a special process to make this policy, which is set out in section 83 of the Local Government Act 2002. This policy is about giving discounts when the local authority takes too long to process an application. The policy only applies if the local authority is responsible for the delay.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2411528.

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

36AALocal authority policy on discounting administrative charges

  1. A local authority must provide a discount on an administrative charge imposed under section 36 as follows:

  2. a local authority that has not adopted a policy under subsection (3) must provide a discount if regulations under section 360(1)(hj) require the local authority to provide a discount:
    1. a local authority that has adopted a policy under subsection (3) must provide a discount under whichever of the policy and regulations under section 360(1)(hj) is more generous in the circumstances of the particular case.

      1. The Minister must recommend to the Governor-General within 9 months of the commencement of section 32 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 that regulations be made under section 360(1)(hj) and the Minister must, before making the recommendation, consult with local authorities about the proposed regulations.

      2. The Minister must ensure that regulations made under section 360(1)(hj) remain in force, but this subsection does not prevent regulations made under section 360(1)(hj) (including the regulations made in compliance with subsection (2)) from being amended or from being revoked and replaced by another set of regulations made under section 360(1)(hj).

      3. A local authority may adopt, in accordance with the special consultative procedure set out in section 83 of the Local Government Act 2002, a policy in respect of discounting administrative charges imposed under section 36 of this Act in the circumstances where—

      4. an application for a resource consent or an application to change or cancel conditions under section 127 is not processed within the time frames set out in this Act; and
        1. the responsibility for the failure rests with the local authority.

          1. The policy must specify—

          2. the discount, or the method for determining the discount, that would be given for any application fees or charges paid or owing; and
            1. the procedure an applicant must follow to obtain the discount.

              1. Repealed
              Notes
              • Section 36AA: inserted, on , by section 32 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
              • Section 36AA(1): replaced, on , by section 12(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
              • Section 36AA(2A): inserted, on , by section 12(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
              • Section 36AA(5): repealed, on , by section 12(3) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).