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Fast-track Approvals Bill

Fast-track approval approvals process for eligible projects - Miscellaneous provisions - Cost recovery

27A: Cost recovery

You could also call this:

“This provision explains how you might have to pay for help with your applications”

You might have to pay for help with your applications under this law. If you’re thinking about sending in an application, you may need to pay for any help you get before you send it in. This is true even if you decide not to send the application in the end.

If you do send in an application, you’ll need to pay for the work that different groups do to process it. These groups include the EPA, the responsible agency, and other relevant agencies. They can ask you to pay for the actual costs they have when they work on your application.

The Minister can also ask you to pay for the costs of a panel that looks at your application. Other people who have jobs to do because of your application can ask you to pay for their work too.

Local authorities can get money from the EPA for some of their work. They can also ask you to pay for other work they do because of your application.

Before you have to pay, the people or groups who want you to pay must tell you how much it might cost if you ask them. They might ask you to pay some or all of the estimated cost before they start working.

When deciding how much to charge, these groups should only try to get back the actual costs of working on your application. They should also think about whether it makes sense to charge you.

For some types of applications, there are special rules about how you can challenge the requirement to pay costs.

This section doesn’t change other laws about paying for costs. It also can’t be used to make you pay for something that’s already covered by another part of this law or other laws.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS964673.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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“Steps to follow when appealing a panel's decision”

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27B: Delegation of cost-recovery function by Minister, or

“Minister can let EPA handle money stuff, but can change their mind”

Part 2 Fast-track approval approvals process for eligible projects
Miscellaneous provisions: Cost recovery

27ACost recovery

  1. The EPA, the responsible agency, and a relevant administering agency may recover from a person who intends to lodge a referral application or a substantive application the actual and reasonable costs incurred by the EPA or agency in providing assistance to the person before the application is lodged (whether or not the application is subsequently lodged).

  2. If a person lodges a referral application or a substantive application,—

  3. the EPA and the responsible agency may recover from the person the actual and reasonable costs incurred by the EPA or agency in performing or exercising its functions, duties, or powers under this Act in relation to the application (including, in the case of the EPA, the costs in respect of secretarial and support services provided to a panel):
    1. a relevant administering agency—
      1. may recover from the person the actual and reasonable costs incurred by the agency in performing or exercising its functions, duties, or powers under this Act in relation to the application; but
        1. may recover only from the EPA the actual and reasonable costs incurred by the agency in complying with section 24J :
        2. the Minister may recover from the person the actual and reasonable costs incurred in relation to a panel in performing or exercising the panel's functions, powers, and duties under this Act in relation to the application.

          1. Any other person that has functions, duties, or powers under this Act may recover from an applicant the actual and reasonable costs incurred in performing or exercising those functions, duties, or powers in relation to the relevant referral application or substantive application.

          2. A local authority—

          3. may recover from the EPA the actual and reasonable costs incurred by the local authority in complying with section 24J ; and
            1. may recover from an applicant the actual and reasonable costs incurred by the local authority in performing or exercising its functions, duties, or powers in relation to the relevant referral application or substantive application.

              1. A person who may recover costs under this section (or the EPA in the case of costs recoverable under subsection (2)(c) )—

              2. must provide an estimate of the costs likely to be recoverable under this section on the request of the person from whom the costs may be recovered; and
                1. may require estimated costs (in full or in part) to be paid in advance of the performance or exercise of the relevant function, duty, or power.

                  1. A person who may recover costs under this section must have regard to the following considerations:

                  2. the sole purpose of exercising the power under this section is to recover the actual and reasonable costs incurred in respect of the application to which the costs relate:
                    1. whether it is administratively efficient to allocate to, and recover costs from, the person who would be required to pay the costs.

                      1. If a substantive application (including a proposed substantive application) seeks an approval described in section 24C(3)(a) or (b) (resource consent or designation), sections 149ZF and 357B of the Resource Management Act 1991 apply with any necessary modifications to any requirement to pay costs under this section in relation to the application.

                      2. This section—

                      3. does not affect a power in a specified Act to recovery costs under that Act:
                        1. may not be used to recover costs that may be recovered under another provision of this Act or a specified Act.