149ZDCosts of processes under this Part recoverable from applicant

1. A local authority may recover from an applicant the actual and reasonable costs incurred by the local authority in complying with this Part.

2. The EPA may recover from a person the actual and reasonable costs incurred by the EPA in providing assistance to the person prior to a matter being lodged with the EPA (whether or not the matter is subsequently lodged).

3. The EPA may recover from an applicant the actual and reasonable costs incurred by the EPA in exercising its functions and powers under this Part (including the costs in respect of secretarial and support services provided to a board of inquiry by the EPA).

4. The Minister may recover from an applicant the actual and reasonable costs incurred in relation to a board of inquiry appointed under this Part.

5. The local authority, EPA, or Minister must, upon request by an applicant, provide an estimate of the costs likely to be recovered under this section.

6. When recovering costs under this section, the local authority, EPA, or Minister must have regard to the following criteria:

7. the sole purpose is to recover the reasonable costs incurred in respect of the matter to which the costs relate:
8. the applicant should be required to pay for costs only to the extent that the benefit of the actions of the local authority, EPA, or Minister (as the case may be) to which the costs relate is obtained by the applicant as distinct from the community as a whole:
9. the extent to which any activity by the applicant reduces the cost to the local authority, EPA, or Minister (as the case may be) of carrying out any of its functions, powers, and duties.

10. A person may object under section 357B to a requirement to pay costs under any of subsections (1) to (4).

Notes

• Section 149ZD: inserted, on 1 October 2009, by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).