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Building Act 2004

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

61: Chief executive may recover unpaid levies from territorial authority

You could also call this:

“The government can get money owed by a local council for building fees, plus extra for being late.”

If you are a territorial authority and you don’t pay the building levies to the chief executive by the due date, some things can happen. The chief executive can ask you to pay back the money you owe, plus extra interest. This interest is calculated every month using the basic lending rate of the Ministry’s bank. The interest starts adding up from the day you were supposed to pay until the day you actually pay. Also, you won’t be able to keep any of the levy money you collected, which you normally could do if you paid on time. The chief executive can treat the unpaid levies and interest as a debt that you owe, and can take steps to get that money from you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306804.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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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.”

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62: Territorial authority may recover unpaid levies from applicant for building consent, or

“If you don't pay your building fee on time, the council can make you pay it back with extra money added.”

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

61Chief executive may recover unpaid levies from territorial authority

  1. The consequences specified in subsection (2) apply if a territorial authority that is liable to pay levies to the chief executive under section 59(1) fails to pay the levies by the date referred to in section 59(2).

  2. The consequences are that—

  3. section 60(1) does not apply; and
    1. the chief executive may recover, as a debt due from the territorial 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
        1. 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.

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