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Building Act 2004

Building - Building work—Project information memoranda and building consents - Building levy

58: Liability to pay levy: building consent authority

You could also call this:

“The building authority must collect and pay a fee when they approve construction plans.”

When a building consent authority gives you a building consent, they must pay a levy to the territorial authority. This levy is for the building work that your consent covers. The building consent authority has to pay this levy when they give information about collecting it to the territorial authority.

If the building consent authority doesn’t pay the levy when they’re supposed to, they’re breaking the law. This is called an offence. If they’re found guilty, they can be fined. For a person, the fine can be up to $5,000. For a company, the fine can be up to $25,000.

The amount of the levy and more details about it are explained in section 53 of this law. The rule about giving information to the territorial authority is in section 238(2)(d).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306398.

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57: Payment of levy if building work completed in stages, or

“ When you build in steps, you need to count the cost of earlier work when figuring out how much to pay for the building fee. ”

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59: Liability to pay levy: territorial authority, or

“ The local council must pay a fee to the government when they approve building work. ”

Part 2 Building
Building work—Project information memoranda and building consents: Building levy

58Liability to pay levy: building consent authority

  1. A building consent authority, on the grant of a building consent, becomes liable to the territorial authority for the levy payable under section 53 in relation to the building work to which the building consent relates.

  2. A building consent authority must pay the levy to the territorial authority at the same time that it provides, under section 238(2)(d), copies of information about the collection of that levy.

  3. A person who fails to comply with subsection (2)—

  4. commits an offence; and
    1. is liable on conviction,—
      1. in the case of an individual, to a fine not exceeding $5,000:
        1. in the case of a body corporate, to a fine not exceeding $25,000.

        2. Repealed
        Compare
          Notes
          • Section 58(1): amended, on , by section 7(2)(b) of the Building Amendment Act 2005 (2005 No 31).
          • Section 58(3): replaced, on , by section 25 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
          • Section 58(4): repealed, on , by section 25 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).