Resource Management Act 1991

Proposals of national significance - Miscellaneous provisions - Costs of processes under this Part

149ZD: Costs of processes under this Part recoverable from applicant

You could also call this:

"Paying for costs when you apply for something under the Resource Management Act"

When you apply for something under this Part of the Resource Management Act, you might have to pay for some of the costs. A local authority can charge you for the costs they incur when dealing with your application. The Environmental Protection Authority (EPA) can also charge you for costs related to helping you before you lodge a matter, or for costs related to exercising their functions and powers.

You might have to pay the Minister for costs related to a board of inquiry. If you ask, the local authority, EPA, or Minister must give you an estimate of the costs you might have to pay. When they decide how much you have to pay, they must think about whether the cost is reasonable and whether you benefit from their actions.

If you do not agree with a decision to charge you costs, you can object under section 357B. The local authority, EPA, or Minister must consider things like whether their actions only benefit you, or if they benefit the whole community, and whether you did anything to reduce their costs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2418406.


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"The Minister decides who is affected by an activity based on how much it impacts them"


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149ZE: Remuneration, allowances, and expenses of boards of inquiry, or

"Pay and expenses for people on a board of inquiry"

Part 6AAProposals of national significance
Miscellaneous provisions: Costs of processes under this Part

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:
    1. 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:
      1. 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.
        1. 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 , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).