Resource Management Act 1991

Miscellaneous provisions - Rights of objection

360F: Regulations relating to administrative charges and other amounts

You could also call this:

“Rules about how councils can set fees for planning and resource consent activities”

The Governor-General can make rules about charges that local councils must set for certain tasks. These rules don’t set the exact amounts, but they can say how councils should decide on charges.

The rules can tell councils to set charges for hearings about changes to plans or requests to use resources. They can also say that councils should tell people the total cost before a hearing starts.

The rules might ask councils to set charges for checking if activities are allowed without special permission.

For some tasks, the rules must say what kind of requests the charges are for. They also need to include a list of charges based on how complicated the request is. The rules might also mention extra charges that could apply.

When the Governor-General makes these rules, they become a type of law called secondary legislation. This means they need to be made public in a certain way.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7238541.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
Money and consumer rights > Taxes

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360E: Procedures relevant to making rules under section 360D, or

“Steps for making rules about how to object to certain decisions”


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360G: Regulations relating to fast-track applications, or

“Rules about handling special requests for quick decisions on building projects have been removed.”

Part 14 Miscellaneous provisions
Rights of objection

360FRegulations relating to administrative charges and other amounts

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for the purpose of specifying the charges that a local authority is required to fix under section 36(1) (see section 36(4)).

  2. Regulations made under this section—

  3. must not fix the amount to be charged by local authorities under section 36(1); but
    1. may require local authorities—
      1. to fix charges for hearings commissioners determining plan changes or resource consent applications, in accordance with a delegation from the local authority under section 34A(1), where a hearing is held:
        1. before a hearing commences, to set the overall charge payable by the applicant for a plan change or resource consent hearing:
        2. may require local authorities to fix charges for the functions referred to in section 36(1)(b):
          1. may require local authorities to fix charges listed in section 36(1) for notices issued under section 87BA or 87BB stating whether an activity is a permitted activity.
            1. Regulations that relate to a function referred to in section 36(1)(b)

            2. must specify the class or classes of application in respect of which each charge is to be fixed; and
              1. must include a schedule of charges to be applied by local authorities, fixed on the basis of—
                1. the class of application; and
                  1. the complexity of the class of application to which the charges apply; and
                  2. may specify a class or classes of additional charges that may apply.
                    1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                    Notes
                    • Section 360F: inserted, on , by section 116 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                    • Section 360F(2)(d): inserted, on , by section 172 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                    • Section 360F(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).