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Building Act 2004

Regulatory responsibilities and accreditation - Fees, charges, and additional costs

281D: Validity of previous fees, charges, and additional costs

You could also call this:

“Rules about old fees and costs still apply, even if they were charged before this law was made”

This section talks about fees, charges, or extra costs that an authority asked for, received, or collected before this section came into effect. If you’re wondering if these fees were valid, you need to think about it as if sections 281A and 281B were already in place when the fees were set or paid. This means you should use those sections to decide if the fees were okay, even though they weren’t actually law at the time.

However, if someone started a legal case about these fees before this section became law, this new rule doesn’t change anything for that case. The old rules will still apply to those situations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4357807.

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Part 3 Regulatory responsibilities and accreditation
Fees, charges, and additional costs

281DValidity of previous fees, charges, and additional costs

  1. This section applies to a fee, charge, or additional cost that was imposed by, paid to, or collected by an authority before the commencement of this section.

  2. Any question relating to the validity of the fee, charge, or additional cost must be determined as if sections 281A and 281B were in force at the time of the imposition, payment, or collection of the fee, charge, or additional cost.

  3. Nothing in this section affects the validity of a fee, charge, or additional cost that is the subject of a proceeding that was commenced before the commencement of this section.

Notes
  • Section 281D: inserted, on , by section 65 of the Building Amendment Act 2012 (2012 No 23).