Building Act 2004

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

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

You could also call this:

"Council can make you pay unpaid building consent fees, plus extra interest."

If you apply for a building consent and do not pay a levy or part of a levy by the due date, you will face a consequence. The territorial authority can recover the unpaid levy amount from you as a debt, along with interest on that amount. The interest is calculated in monthly instalments at the monthly basic lending rate of the building consent authority's bank.

The interest starts from the date the payment is due and ends on the date the payment is made. If the territorial authority recovers the amount, they must pay it to the chief executive as soon as possible. The chief executive can then recover the amount from the territorial authority after the 20th day of the following month.

You can find more information about the levy in section 53. The territorial authority will calculate the interest and recover the debt according to the rules. The chief executive will handle the payment after it is recovered by the territorial authority.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306805.


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

"The chief executive can get back unpaid levies from councils or building consent authorities that don't pay on time."


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63: Chief executive may obtain information in order to assess amount of levy payable, or

"The chief executive can ask for information to work out your building levy payment."

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

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

  1. The consequence specified in subsection (2) applies if an applicant for a building consent fails to pay a levy or part of a levy under section 53 by the time referred to in section 53(2)(b)(ii).

  2. The consequence is that the territorial authority, or, if the application was made to a stand-alone building consent authority, the territorial authority for the district in which the relevant building consent was granted, may recover, as a debt due from the applicant, the amount of those levies and any interest on that amount calculated—

  3. in monthly instalments at the monthly basic lending rate of the building consent authority’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.
      1. Any amount recovered under subsection (2)—

      2. must, as soon as practicable after it is recovered, be paid to the chief executive; and
        1. may be recovered by the chief executive from the territorial authority after the 20th day of the month following the month in which it was recovered by the territorial authority under subsection (2).
          Notes
          • Section 62: replaced, on , by section 7 of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024 (2024 No 49).