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Planning Bill

Enforcement and other matters - Regulations - Planning consent levy

283: Regulations relating to planning consent levy

You could also call this:

"Rules about charging a fee for planning approvals"

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The Governor-General can make rules about a levy on planning consents. You will pay this levy when you register certain activities under section 180. The Minister can suggest these rules to help fund certain tasks. The Minister wants to use the levy to pay for things like developing national directions and maintaining a system performance framework. Before suggesting these rules, the Minister must follow a process and get advice from other agencies. The Minister must consider how the levy will affect the economy and finances. The rules can set different levy rates for different activities. They can also say who must pay the levy and how much they must pay. The rules can even exempt some people from paying the levy. They can also say how the levy money can be used. These rules are a type of secondary legislation, which has its own publication requirements, as outlined 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=LMS1557669.

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Part 6Enforcement and other matters
Regulations: Planning consent levy

283Regulations relating to planning consent levy

  1. The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations prescribing a levy on planning consents and permitted activities registered under section 180.

  2. The Minister may recommend the making of regulations under this section to fund the following functions under this Act:

  3. the development and review of national directions:
    1. preparing and maintaining the system performance framework, including associated data collection.
      1. Before recommending the making of regulations under subsection (2), the Minister must—

      2. follow the process set out in section 46, as if the recommendation for regulations were for a proposed national direction; and
        1. seek and consider economic and financial advice from relevant central government agencies and local authorities relating to the levy.
          1. Regulations made under this section may—

          2. set different levy rates for different consents and permitted activities; and
            1. prescribe the amount of the levy or a method for calculating the amount; and
              1. specify who is liable to pay the levy; and
                1. provide for exemptions from or waivers of a levy, in whole or in part, in any class of case, including prescribing any criteria that must be met for an exemption to apply; and
                  1. identify any proportion of the levy that may be retained or transferred to persons specified in the regulations; and
                    1. specify how any proportion transferred under paragraph (e) may be used by the specified person, including any conditions that must be satisfied before the transferred portion of the levy is used.
                      1. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                      Notes