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Building Act 2004

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

59: Liability to pay levy: territorial authority

You could also call this:

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

When a territorial authority gives you a building consent or gets certain information about your building work, they must pay a levy to the chief executive. This levy is for the building work that your consent covers.

The territorial authority needs to pay the full amount of the levy by the 20th day of the month after they gave you the building consent. For example, if you got your consent in June, they would need to pay by 20 July.

When the territorial authority pays the levy, they must also provide a certificate. This certificate needs to say that the payment is correct based on their financial records and that the person signing it believes it’s accurate.

The chief executive mentioned here is likely the head of the government department responsible for building regulations. The section 53 talks about the levy that needs to be paid, and section 238(1)(c) mentions the information the territorial authority might receive.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306800.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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58: Liability to pay levy: building consent authority, or

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

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60: Territorial authority may retain part of levy, or

“The local council can keep a small part of the building money it collects for the government.”

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

59Liability to pay levy: territorial authority

  1. A territorial authority, on granting a building consent or on receiving all or any of the information specified in section 238(1)(c), becomes liable to the chief executive for the levy payable under section 53 in relation to the building work to which the building consent relates.

  2. The total amount of the levy for which a territorial authority becomes liable is due and payable to the chief executive by the 20th day of the month following the month in which the relevant building consent was granted.

  3. Every payment of the levy must be accompanied by a certificate of the territorial authority, or of an officer or agent of the territorial authority, that states that the payment is correct—

  4. according to the financial records of the territorial authority; and
    1. to the best of that person's knowledge and belief.

      Compare
        Notes
        • Section 59(1): amended, on , by section 7(2)(c) of the Building Amendment Act 2005 (2005 No 31).
        • Section 59(2): amended, on , by section 7(2)(a) of the Building Amendment Act 2005 (2005 No 31).