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Sale and Supply of Alcohol Act 2012

Licensing trusts, community trusts, and other matters - Other matters - Fee-setting by territorial authorities

405: Fee-setting by territorial authorities

You could also call this:

"Councils can set their own fees for some things instead of using the standard fees."

The Governor-General can let territorial authorities decide on fees for certain things by making a bylaw. You need to know that this is instead of the fees being decided by regulations under the Sale and Supply of Alcohol Act 2012. If a territorial authority makes a bylaw for a fee, you pay the bylaw fee.

When a territorial authority makes a bylaw for a fee, it must talk to people who will be affected by the bylaw. This is so the authority can understand how the bylaw will impact them. The authority must do this to the extent that is reasonably practicable.

If a territorial authority does not make a bylaw for a fee, you pay the fee set by regulations under the Sale and Supply of Alcohol Act 2012. The rules for making regulations, as stated in Section 403, also apply to making bylaws. An order about fees is secondary legislation, which has its own publication requirements, as explained in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339964.

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Government and voting > Local councilsMoney and consumer rights > Taxes
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Part 3Licensing trusts, community trusts, and other matters
Other matters: Fee-setting by territorial authorities

405Fee-setting by territorial authorities

  1. The Governor-General may, by Order in Council, authorise territorial authorities to prescribe by bylaw fees for any matter for which fees payable to territorial authorities can be prescribed by regulations under this Act.

  2. While an order under subsection (1) is in force,—

  3. if a territorial authority has in force a bylaw prescribing a fee payable to it for a matter stated in the order,—
    1. the fee for the matter is the fee prescribed by the bylaw; and
      1. every reference in this Act to the fee prescribed for the matter by regulations under this Act is a reference to the fee for the matter prescribed by the bylaw:
      2. if a territorial authority does not have in force a bylaw prescribing a fee for a matter stated in the order, the fee for the matter is the fee (if any) prescribed by regulations under this Act.

        1. Section 403, with any necessary modifications, applies to the making of bylaws as if it were the making of regulations.

        2. Before making a bylaw prescribing fees for any matter for which fees payable to territorial authorities can be prescribed by regulations under this Act a territorial authority must, to the extent that is reasonably practicable having regard to the circumstances of the particular case, consult the persons the authority has reason to believe are representative of interests likely to be substantially affected by the bylaw.

        3. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

        Notes
        • Section 405(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).