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Resource Management Act 1991

Standards, policy statements, and plans - Local authority policy statements and plans - Additional provisions for regional rules and district rules

77E: Local authority may make rule about financial contributions

You could also call this:

“Councils can make rules about money people must pay for certain activities to help the environment.”

You can make a rule about financial contributions for different types of activities. This rule can be for any activity except those that are not allowed at all.

When you make a rule about financial contributions, you need to explain some things clearly in your plan. You need to say why you’re asking for the money. This could be to make sure good things happen to balance out any bad effects on the environment. You also need to explain how you’ll decide how much money to ask for. Lastly, you need to say when people will need to pay.

If this rule becomes part of a district plan for a specific area, it doesn’t start working right away when people are told about it.

When we talk about ‘financial contributions’ here and in section 77T, we mean the same thing as what’s explained in section 108(9) of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS633543.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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“Rules about telling people when someone wants to do something that needs permission”

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“This section explains important words and ideas used in the law about planning cities and towns.”

Part 5 Standards, policy statements, and plans
Local authority policy statements and plans: Additional provisions for regional rules and district rules

77ELocal authority may make rule about financial contributions

  1. A local authority may make a rule requiring a financial contribution for any class of activity other than a prohibited activity.

  2. A rule requiring a financial contribution must specify in the relevant plan or proposed plan—

  3. the purpose for which the financial contribution is required (which may include the purpose of ensuring positive effects on the environment to offset any adverse effect); and
    1. how the level of the financial contribution will be determined; and
      1. when the financial contribution will be required.

        1. To avoid doubt, if a rule requiring a financial contribution is incorporated into a specified territorial authority’s district plan under section 77G, the rule does not have immediate legal effect under section 86B when an IPI incorporating the standard is notified.

        2. In this section and section 77T, financial contribution has the same meaning as in section 108(9).

        Notes
        • Section 77E: inserted, on , by section 8 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).