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Building Act 2004

Miscellaneous provisions - Transitional provisions - Validations

428: Validation of accumulation of levy

You could also call this:

“This law says it's okay to collect and use money from special fees, even if people thought it wasn't allowed before.”

Even though Part 3A of the old Act said something different, it’s now okay that some money was collected and saved up. This money came from charges called levies that were part of that old Act. It’s also okay that the person in charge used this money for things related to this new Act. These actions are now considered legal, and they always have been legal, even if people thought they weren’t before.

The money we’re talking about includes two things. First, it’s the levies themselves - the charges that were collected. Second, it’s any extra money that came from those levies. Both of these were kept by the Authority, which is like a group in charge of buildings.

Remember, all of this is now definitely legal, even if there were questions about it before. It doesn’t matter when it happened - it’s all okay now.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309310.

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427: Validation of past expenditure of levy, or

“This explains how money collected in the past was used correctly, even if it wasn't exactly what the old rules said.”

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429: Transitional provision for matters of doubt or dispute relating to building control under former Act, or

“ Rules for handling unfinished questions about building rules from the old law ”

Part 5 Miscellaneous provisions
Transitional provisions: Validations

428Validation of accumulation of levy

  1. Despite the provisions of Part 3A of the former Act, the matters referred to in subsection (2) are validated and must be taken to be and always to have been lawful.

  2. The matters are—

  3. the accumulation of levies imposed under that Part and of any proceeds from those levies received by the Authority; and
    1. the application of those levies and proceeds by the chief executive for the purposes of this Act.