Health Act 1956

Powers and duties of local authorities - Bylaws

65: General provisions as to bylaws

You could also call this:

"Rules about how councils make and enforce local laws"

When it comes to bylaws under the Health Act 1956, you need to know that bylaws can leave some decisions to be made by the local authority. You can think of the local authority like a group of people who make decisions for your area. They can make these decisions for everyone, for certain groups, or just for one case.

If a bylaw is about licensing or registering people or property, it can say that you have to pay a fee. This fee has to be reasonable, which means it's fair and not too expensive. The bylaw can also say that you have to pay for inspections or other services.

If you pay for an inspection or service but it doesn't happen, the local authority might give you your money back. They can decide how much to refund you. Any fee you pay to the local authority is like a debt, so you have to pay it.

Bylaws can apply to land, buildings, or property that the local authority controls, even if it's not in their area. They can also apply to the whole area, or just to a specific part of it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307067.


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64: Bylaws, or

"Rules made by local authorities to keep communities healthy and safe"


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65A: Effect of Building Act 2004 on bylaws, or

"Rules for local authorities making building bylaws under the Building Act 2004"

Part 2Powers and duties of local authorities
Bylaws

65General provisions as to bylaws

  1. With respect to bylaws under this Act the following provisions shall apply:

  2. a bylaw may leave any matter or thing to be determined, applied, dispensed with, prohibited, or regulated by the local authority from time to time by resolution, either generally or for any classes of cases, or in any particular case:
    1. a bylaw providing for the licensing or registration of persons or property may provide for the payment of reasonable fees in respect thereof:
      1. a bylaw may provide for the payment of reasonable fees for inspections and other services, and may provide that where inspections and other services in respect of which a fee has been paid have not been made or given the local authority may refund any such fee or such portion thereof as it may determine:
        1. every fee payable to a local authority under a bylaw shall be recoverable as a debt due to the local authority:
          1. a bylaw may apply to any land, building, work, or property under the control of the local authority, although situated beyond the district of the local authority:
            1. a bylaw may apply generally throughout the district of the local authority, or within any specified part or parts thereof.