Plain language law

New Zealand law explained for everyone

Waste Minimisation Act 2008

Waste disposal levy - Distribution and spending of levy money

33: Secretary must retain levy money instead of paying territorial authority in certain situations

You could also call this:

"Secretary keeps levy money if council doesn't have a waste plan"

Illustration for Waste Minimisation Act 2008

The Secretary has to keep some levy money instead of giving it to your local council. This happens if your local council does not have a waste management plan, or if they have not reviewed their plan when they were supposed to, as stated in section 50. The Secretary also has to keep the money if the Minister tells them to, as stated in section 37.

You might wonder what happens to the money the Secretary keeps. The Secretary has to use this money according to section 30(c).

This is different from what normally happens, as stated in section 31, where the Secretary would usually give the levy money to your local council.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1154604.

Topics:
Environment and resources > ConservationEnvironment and resources > Waste managementGovernment and voting > Local councilsMoney and consumer rights > Taxes
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32: Spending of levy money by territorial authorities, or

"How councils can use levy money to reduce waste"

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34: Estimation of amount of levy payable, or

"How the amount of waste levy you owe is estimated if you don't provide correct information"

Part 3Waste disposal levy
Distribution and spending of levy money

33Secretary must retain levy money instead of paying territorial authority in certain situations

  1. Despite section 31, the Secretary must retain levy money payable to a territorial authority if,—

  2. at the time the payment is to be made, the territorial authority has not—
    1. adopted a waste management and minimisation plan; or
      1. reviewed its waste management and minimisation plan under section 50, if a review was required before the time for payment; or
      2. the Minister has directed the Secretary to retain the payment under section 37.

        1. The Secretary must spend any money retained under subsection (1) in accordance with section 30(c).