61Chief executive may recover unpaid levies from territorial authority or stand-alone building consent authority

1. The consequences specified in subsection (2) apply if a territorial authority or stand-alone building consent authority that is liable to pay levies to the chief executive under section 58(1) or 59(1) fails to pay the levies by the date referred to in section 58(2) or 59(2), as applicable.

2. The consequences are that—

3. section 60(1) does not apply; and
4. the chief executive may recover, as a debt due from the territorial authority, or, unless paragraph (c) applies, the stand-alone building consent authority, the amount of those levies and any interest on that amount calculated—
   1. in monthly instalments at the monthly basic lending rate of the Ministry’s bank; and
   2. for the period of each month, or part of a month, starting on the date payment is due and ending on the date payment is made; but
5. if a failure on the part of a stand-alone building consent authority to pay the levy arises from an applicant’s failure to pay the amount of levies and any interest on the amount calculated, the liability for the shortfall ceases to be the liability of that authority and—
   1. becomes instead the liability of the territorial authority for the district in which the relevant building consent was granted; and
   2. may be recovered by that territorial authority under section 62(2); and
6. if a failure on the part of a stand-alone building consent authority to pay the levy arises for reasons other than an applicant’s failure to pay the levy, then the liability for the shortfall remains that of the stand-alone building consent authority.