Resource Management Act 1991
069
Commenced: 1 Oct 1991
IV: Functions, Powers, and Duties of Central and Local Government
Functions, Powers, and Duties of Local Authorities
36
Administrative charges
36. Administrative charges---(1) A local authority may from time to
time, subject to subsection (2), fix charges of all or any of the
following kinds:
(a) Charges payable by applicants for the preparation or change of a
policy statement or plan, for the carrying out by the local
authority of its functions in relation to such applications:
(b) Charges payable by applicants for resource consents, for the
carrying out by the local authority of its functions in relation
to the receiving, processing, and granting of resource consents
(including certificates of compliance):
(c) Charges payable by holders of resource consents, for the carrying
out by the local authority of its functions in relation to the
administration, monitoring, and supervision of resource consents
(including certificates of compliance), and for the carrying out
of its resource management functions under section 35:
(d) Charges payable by requiring authorities and heritage protection
authorities, for the carrying out by the local authority of its
functions in relation to designations and heritage orders:
(e) Charges for providing information in respect of plans and resource
consents, payable by the person requesting the information:
(f) Charges for supply of documents, payable by the person requesting
the document:
(g) Any kind of charge authorised for the purposes of this section by
regulations.
Charges fixed under this subsection shall be either specific amounts or
determined by reference to scales of charges or other formulae fixed by
the local authority.
(2) Charges may be fixed under subsection (1) only---
(a) In the manner set out in section 690A of the Local Government Act
1974; and
(b) Either after adopting the special consultative procedure set out
in section 716A of the Local Government Act 1974 or by special
order under section 716B of that Act; and
(c) In accordance with subsection (4).
(3) Where a charge fixed in accordance with subsection (1) is, in any
particular case, inadequate to enable a local authority to recover its
actual and reasonable costs in respect of the matter concerned, the
local authority may require the person who is liable to pay the charge,
to also pay an additional charge to the local authority.
(4) When fixing charges referred to in this section, a local authority
shall have regard to the following criteria:
(a) The sole purpose of a charge is to recover the reasonable costs
incurred by the local authority in respect of the activity to
which the charge relates:
(b) A particular person or persons should only be required to pay a
charge---
(i) To the extent that the benefit of the local authority's
actions to which the charge relates is obtained by those persons
as distinct from the community of the local authority as a
whole; or
(ii) Where the need for the local authority's actions to which
the charge relates is occasioned by the actions of those
persons; or
(iii) In a case where the charge is in respect of the local
authority's monitoring functions under section 35 (2) (a) (which
relates to monitoring the state of the whole or part of the
environment), to the extent that the monitoring relates to the
likely effects on the environment of those persons' activities,
or to the extent that the likely benefit to those persons of the
monitoring exceeds the likely benefit of the monitoring to the
community of the local authority as a whole,---
and the local authority may fix different charges for different costs it
incurs in the performance of its various functions, powers, and duties
under this Act---
(c) In relation to different areas or different classes of applicant,
consent holder, requiring authority, or heritage protection
authority; or
(d) Where any activity undertaken by the persons liable to pay any
charge reduces the cost to the local authority of carrying out
any of its functions, powers, and duties.
(5) A local authority may, in any particular case and in its absolute
discretion, remit the whole or any part of any charge of a kind referred
to in this section which would otherwise be payable.
(6) Sections 357 and 358 (which deal with rights of objection and
appeal against certain decisions) shall apply in respect of the
requirement by a local authority to pay an additional charge under
subsection (3).
(7) Where a charge of a kind referred to in subsection (1) is payable
to a local authority, the local authority need not perform the action to
which the charge relates until the charge has been paid to it in full.