Building Act 2004

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

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

You could also call this:

“The boss can ask for details about building costs to work out how much money people should pay”

The head of the building authority can ask you, the building consent authority, or the local council for information about how much your building work might cost. They need this information to work out how much levy you need to pay under section 53.

If you give the head of the building authority this information, you can ask them to keep it private. They must do their best to keep it private unless the law says they can’t.

If you don’t give the information when asked, you’re breaking the law. If you’re found guilty, you could be fined. If you’re an individual, you might have to pay up to $5,000. If you’re a company, you might have to pay up to $25,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306806.

Topics:
Housing and property > Home safety and repairs
Money and consumer rights > Taxes

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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.”


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64: Audit of issue of building consents for purpose of ascertaining payment of levy, or

“Checking records to make sure building fees are paid correctly”

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

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

  1. The chief executive may require any or all of the persons referred to in subsection (2) to provide any information about the estimated value of building work specified in a building consent that may be necessary to enable the chief executive to assess the amount of levy that is payable under section 53.

  2. The persons are—

  3. an applicant for a building consent:
    1. the relevant building consent authority:
      1. if applicable, the relevant territorial authority.
        1. An applicant who provides information to the chief executive under subsection (1) may request the chief executive to treat the information as confidential, and, except if compliance with the request would be contrary to any other law, the chief executive must comply with the request to the fullest extent possible.

        2. A person who fails to comply with a requirement to provide information under subsection (1)—

        3. 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 63(4): replaced, on , by section 26 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                • Section 63(5): repealed, on , by section 26 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).