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Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of territorial authorities - Functions, duties, and powers of territorial authorities generally

219: Territorial authority may impose fee or charge and must collect levy

You could also call this:

"Councils can charge fees for some services and must collect a levy for the government"

A territorial authority can charge you a fee for things like a building consent. They can also charge you for other services they provide under the Building Act 2004. You have to pay a levy to the chief executive, which the territorial authority will collect, as stated in section 53. If you do not pay a fee, charge, or levy, the territorial authority can refuse to do the work. A territorial authority cannot charge you a fee for reissuing an EPB notice under section 133AL(2) if there is a change in a deadline for completing seismic work because of section 133AMA or an Order in Council referred to in section 133AMC.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307862.

Topics:
Housing and property > Home safety and repairsGovernment and voting > Local councils
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218: Territorial authority must provide information to chief executive for purpose of facilitating performance of chief executive's function under sections 169 and 169A, or

"Local councils must share building information with the government to help keep track of building trends and earthquake-prone buildings."

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220: Territorial authority may carry out building work on default, or

"If you don't do the building work you're told to do, the local council can ask a judge for permission to do it themselves and make you pay for it."

Part 3Regulatory responsibilities and accreditation
Responsibilities of territorial authorities: Functions, duties, and powers of territorial authorities generally

219Territorial authority may impose fee or charge and must collect levy

  1. A territorial authority—

  2. may impose a fee or charge (or both)—
    1. in relation to a building consent; and
      1. for the performance of any other function or service under this Act; and
      2. must collect the levy which an applicant is liable to pay to the chief executive under section 53.

        1. Despite subsection (1), a territorial authority may not impose a fee or charge for reissuing an EPB notice under section 133AL(2) following a change in a deadline for completing seismic work resulting from section 133AMA or an Order in Council referred to in section 133AMC.

        2. If a fee, charge, or levy is payable to a territorial authority for the performance of a function or service under this Act, the territorial authority may refuse to perform the function or service, unless the fee, charge, or levy is paid.

        Notes
        • Section 219(1)(a): amended, on , by section 59 of the Building Amendment Act 2012 (2012 No 23).
        • Section 219(1A): inserted, on , by section 24 of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024 (2024 No 49).