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Fast-track Approvals Act 2024

Fast-track approvals process - Miscellaneous provisions - Cost recovery

111: Land exchange cost recovery by third parties

You could also call this:

“Paying people back for costs when swapping land”

This law is about paying for costs when exchanging land under the Fast-track Approvals Act 2024. If you want to swap some land, you might need to talk to people who have rights to that land. These people can ask you to pay them back for the money they spend while talking about the land swap. They can ask for this money even if the land swap doesn’t end up happening. The amount they can ask for must be fair and real costs they had. If you don’t pay them back, they can take you to court to get the money. This rule applies when you’re asking for approval to swap land under section 42(4)(f) of the Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1015679.

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"EPA helps pay for other groups involved in fast-track approvals"

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112: Liability for costs if application lodged, or to be lodged, by more than 1 person, or

"Sharing costs when more than one person applies together"

Part 2 Fast-track approvals process
Miscellaneous provisions: Cost recovery

111Land exchange cost recovery by third parties

  1. This section applies in respect of a substantive application for an approval described in section 42(4)(f) (land exchange).

  2. If an applicant is required to negotiate with the holder of an interest in land (an interest holder), the interest holder may recover the actual and reasonable costs that they incur in relation to negotiating the land exchange from the applicant (whether or not the negotiation results in a land exchange).

  3. Actual and reasonable costs payable under subsection (2) are a debt due to the interest holder that is recoverable by them in any court of competent jurisdiction.