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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.
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