Local Government (Auckland Transitional Provisions) Fees and Charges Regulations 2010
Local Government (Auckland Transitional Provisions) Fees and Charges Regulations 2010
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Local Government (Auckland Transitional Provisions) Fees and Charges Regulations 2010
Reprint
as at 1 November 2013

Local Government (Auckland Transitional Provisions) Fees and Charges Regulations 2010
(SR 2010/374)
Anand Satyanand, Governor-General
Order in Council
At Wellington this 26th day of October 2010
Present:
His Excellency the Governor-General in Council
Local Government (Auckland Transitional Provisions) Fees and Charges Regulations 2010: revoked, on 1 November 2013, by regulation 3.
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
These regulations are administered by the Department of Internal Affairs.
Pursuant to section 5(1)(a) and (b) of the Local Government (Auckland Transitional Provisions) Act 2010, His Excellency the Governor-General makes the following regulations acting—
(a) on the advice and with the consent of the Executive Council; and
(b) on the recommendation of the Minister of Local Government.
Contents
Part 1
Prescribed fees and charges
5 Prescribed charges for Resource Management Act 1991 matters
6 Prescribed fees and charges for Building Act 2004 matters
7 Prescribed fees and charges for animal management matters
8 Prescribed fees and charges for miscellaneous matters
Part 2
Status, revocation, limitations, etc, of fees and charges
10 Council may revoke fees and charges
11 Council not limited by fees and charges
12 Council must take into account fees and charges paid to another local authority before Council's establishment
13 Fees and charges inclusive of GST
Part 3
Modifications to enactments
14 Modification of section 219 of Building Act 2004 [Revoked]
15 Modification of section 68 of Local Government (Auckland Transitional Provisions) Act 2010
Schedule 1
Resource Management Act 1991 matters
Schedule 2
Building Act 2004 matters
Schedule 3
Animal management matters
Regulations
1 Title
These regulations are the Local Government (Auckland Transitional Provisions) Fees and Charges Regulations 2010.
2 Commencement
These regulations come into force on 1 November 2010.
3 Revocation
These regulations expire, and are revoked, on the close of 31 October 2013.
4 Interpretation
In these regulations, unless the context requires another meaning,—
Auckland Council or Council, in relation to a matter, means whichever of the following entities of the Auckland Council is responsible for the matter:
(a) the governing body of the Council; or
(b) a local board of the Council; or
(c) a council-controlled organisation of the Council
matter means a function, duty, or power of the Auckland Council described in the first column of Schedules 1 to 4.
Part 1
Prescribed fees and charges
5 Prescribed charges for Resource Management Act 1991 matters
-
(1) On and from 1 November 2010, the charges set out in the second column of Schedule 1 are the charges for the matters described in the first column of that schedule.
(2) The charges prescribed in subclause (1) are deemed to be fixed by the Auckland Council under section 36(1) and (2) of the Resource Management Act 1991, and, subject to subclause (3), that section and the rest of that Act apply accordingly with any necessary modification.
(3) If the costs of the time spent by an officer of the Council are required to be determined for the purposes of calculating any additional charge in a particular case under section 36(3) or (3A) of that Act, the appropriate hourly rate set out in Schedule 5 must be used in the calculation.
6 Prescribed fees and charges for Building Act 2004 matters
-
(1) On and from 1 November 2010, the fees and charges set out in the second column of Schedule 2 are the fees and charges for the matters described in the first column of that schedule.
(2) The fees and charges prescribed in subclause (1) are deemed to be imposed by the Auckland Council under section 219(1) of the Building Act 2004 and, subject to subclause (3), that section and the rest of that Act apply accordingly with any necessary modification.
(3) [Revoked]
Regulation 6(2): amended, on 13 March 2012, by section 94(2) of the Building Amendment Act 2012 (2012 No 23).
Regulation 6(3): revoked, on 13 March 2012, by section 94(3) of the Building Amendment Act 2012 (2012 No 23).
7 Prescribed fees and charges for animal management matters
-
(1) On and from 1 November 2010, the fees and charges set out in the second column of Schedule 3 are the fees and charges for the matters described in the first column of that schedule.
(2) The fees and charges prescribed by subclause (1) are deemed to be—
(a) prescribed or set by the Auckland Council under section 37(1) or 68(1) of the Dog Control Act 1996, and those sections and the rest of that Act apply accordingly with any necessary modification; or
(b) set by the Auckland Council under section 14(1) of the Impounding Act 1955, and that section and the rest of that Act apply accordingly with any necessary modification.
8 Prescribed fees and charges for miscellaneous matters
-
(1) On and from 1 November 2010, the fees and charges set out in the second column of Schedule 4 are the fees and charges for the matters described in the first column of that schedule.
(2) The fees and charges prescribed by subclause (1) are deemed to be—
(a) prescribed or set by the Auckland Council under section 150 of the Local Government Act 2002, and, subject to subclause (3), that section and the rest of that Act apply accordingly with any necessary modification; or
(b) fixed by the Auckland Council under section 13 of the Local Government Official Information and Meetings Act 1987, and that section and the rest of that Act apply accordingly with any necessary modification.
(3) If the costs of the time spent by an officer of the Council are required to be determined for the purposes of calculating any additional charge in a particular case under section 150 of the Local Government Act 2002, the appropriate hourly rate set out in Schedule 5 must be used in the calculation.
Part 2
Status, revocation, limitations, etc, of fees and charges
9 Status of fees and charges
-
(1) A fee or charge deemed to be fixed, imposed, prescribed, or set by the Auckland Council under any of regulations 5 to 8 is deemed to be fixed, imposed, prescribed, or set by the Council under the relevant enactment only to the extent that the Council could lawfully fix, impose, prescribe, or set the fee under that enactment.
(2) To avoid doubt, these regulations affect any additional power that the Council may have to recover any further actual or reasonable costs in addition to a prescribed fee or charge only to the extent that an hourly rate for officer time is prescribed for the purposes of fees and charges to which regulations 5, 6, and 8(2)(a) apply.
10 Council may revoke fees and charges
-
(1) To avoid doubt, the Auckland Council may, at any time,—
(a) revoke a fee or charge prescribed by these regulations and replace it with a new one (using the required process under the enactment for which the fee or charge is deemed to be fixed, imposed, prescribed, or set); or
(b) revoke a fee or charge prescribed by these regulations without replacing it.
(2) [Revoked]
Regulation 10(2): revoked, on 13 March 2012, by section 94(4) of the Building Amendment Act 2012 (2012 No 23).
11 Council not limited by fees and charges
-
(1) To avoid doubt, nothing in these regulations prevents the Auckland Council from fixing, imposing, prescribing, or setting a fee or charge for the carrying out or exercise of a function, duty, or power if a fee or charge for the particular function, duty, or power is not prescribed in these regulations.
(2) [Revoked]
Regulation 11(2): revoked, on 13 March 2012, by section 94(5) of the Building Amendment Act 2012 (2012 No 23).
12 Council must take into account fees and charges paid to another local authority before Council's establishment
-
(1) To avoid doubt, the Auckland Council may not impose a fee or charge prescribed by these regulations if the person liable for it paid an equivalent fee or charge to the relevant local authority before 1 November 2010.
(2) However, subclause (1) does not prevent the Council from recovering any further actual and reasonable costs from the person in relation to the matter if the enactment under which the fee or charge was fixed, imposed, prescribed, or set by the relevant local authority authorises the Council to do so.
(3) For the purposes of this regulation,—
(a) [Revoked]
(b) if the costs of the time spent by an officer of the Council are required to be determined for the purposes of recovering any of those further actual and reasonable costs, the appropriate hourly rate set out in Schedule 5 must be used in the calculation (instead of any hourly rate that the relevant local authority may have used in such a determination were the local authority still in existence).
Regulation 12(3)(a): revoked, on 13 March 2012, by section 94(6) of the Building Amendment Act 2012 (2012 No 23).
13 Fees and charges inclusive of GST
The fees and charges prescribed by these regulations are inclusive of goods and services tax.
Part 3
Modifications to enactments
14 Modification of section 219 of Building Act 2004
-
[Revoked]
Regulation 14: revoked, on 13 March 2012, by section 94(7) of the Building Amendment Act 2012 (2012 No 23).
15 Modification of section 68 of Local Government (Auckland Transitional Provisions) Act 2010
Section 68 of the Local Government (Auckland Transitional Provisions) Act 2010 must be read as if the following subsection were inserted after subsection (2):
“(2A) However, if a fee or charge to which this section applies relates to a matter for which a fee or charge is prescribed by the Local Government (Auckland Transitional Provisions) Fees and Charges Regulations 2010, the fee or charge payable to the Auckland Council is the fee or charge prescribed by the regulations.”
Schedule 1 |
| Matter for which charge payable | Charge ($) | |
|---|---|---|
| Application for resource consent—pre-application meeting | 205 | |
| Application for land use consent—non-notified and for roof-mounted skylight, solar tube, roof window, or sun tunnel | 255 | |
| Application for land use consent—non-notified and for single infringement of controlled or restricted discretionary activity in district plan (for example, accessory building, additions and alterations, signs) | 715 | |
| Application for land use consent—non-notified and for multiple infringements of the district plan | 1,150 | |
| Application for land use consent—non-notified, for tree works, and district plan requires payment of a charge | 615 | |
| Application for land use consent—non-notified and to carry out works in, on, or under the bed of a lake, river, or stream | 2,045 | |
| Application for land use consent—non-notified and for any other type of residential application | 870 | |
| Application for land use consent—non-notified and for any other type of non-residential application | 1,020 | |
| Application for land use consent—notified, for tree works, and district plan requires payment of a charge | 510 | |
| Application for land use consent—notified and involving heritage item | 1,535 | |
| Application for land use consent—limited notified | 3,120 | |
| Application for land use consent—notified and includes a notice of requirement | 4,090 | |
| Application for land use consent—any other notified application | 4,090 | |
| Application for subdivision consent—boundary adjustment | 680 | |
| Application for subdivision consent—freehold subdivision around existing development | 1,015 | |
| Application for subdivision consent—freehold subdivision of 1 or 2 lots | 1,150 | |
| Application for subdivision consent—freehold subdivision of 3 or more lots | 1,535 | |
| Application for subdivision consent—first stage of cross-lease or unit title | 1,090 | |
| Application for subdivision consent—subsequent stage of cross-lease or unit title | 615 | |
| Application for subdivision consent—unit title certificate, cross-lease, unit title amendment, or unit title variation | 615 | |
| Application for combined land use and subdivision consent—non-notified and for 1 to 10 lots | 2,915 | |
| Application for combined land use and subdivision consent—non-notified and for 11 or more lots | 3,755 | |
| Application for coastal permit—non-notified | 2,045 | |
| Application for water permit—non-notified and to take, use, dam, or divert surface water | 2,045 | |
| Application for water permit—non-notified and to drill or alter a bore | 430 | |
| Application for water permit—non-notified and to take, use, or divert groundwater | 2,045 | |
| Application for discharge permit—non-notified and to divert or discharge stormwater | 2,045 | |
| Application for discharge permit—non-notified and relating to sediment control from earthworks, roading, tracking, trenching, or quarry | 2,555 | |
| Application for discharge permit—non-notified and to discharge domestic wastewater up to 6 m³ | 2,045 | |
| Application for discharge permit—non-notified and to discharge domestic wastewater of 6 m³ or more | 2,555 | |
| Application for discharge permit—non-notified and to discharge other domestic contaminants | 2,555 | |
| Application for discharge permit—non-notified and to discharge from dairy farm | 2,045 | |
| Application for discharge permit—non-notified and to discharge from contaminated land | 5,110 | |
| Application for discharge permit—non-notified and to discharge contaminants from industrial or trade processes (other than to air) | 2,045 | |
| Application for discharge permit—non-notified and to discharge contaminants to air where main discharge is odour | 15,335 | |
| Application for discharge permit—non-notified and to discharge other contaminants to air | 5,110 | |
| Application for coastal permit, water permit, or discharge permit—limited notified | 7,665 | |
| Application for coastal permit, water permit, or discharge permit—notified and to discharge contaminants to air where main discharge is odour | 15,335 | |
| Application for coastal permit, water permit, or discharge permit—notified (any other) | 7,665 | |
| Application for hearing of resource consent | 1,535 | |
| Application to extend period after which resource consent lapses | 460 | |
| Application to change or cancel condition of a non-notified resource consent | 460 | |
| Application to change or cancel condition of notified resource consent | 1,230 | |
| Review of non-notified resource consent conditions | 460 | |
| Review of notified resource consent conditions | 1,230 | |
| Transfer of coastal permit, water permit, or discharge permit (in whole or in part) to another person on the same site | 205 | |
| Transfer of coastal permit, water permit, or discharge permit (in whole or in part) to another site (non-notified) | 2,045 | |
| Permission to transfer water permit or discharge permit (in whole or in part) to another site (notified) | 3,065 | |
| Acceptance of surrender of resource consent | 205 | |
| Issue of certificate of compliance | 570 | |
| Confirmation of compliance with national environmental standard | 570 | |
| Issue of existing use certificate | 570 | |
| Approval of outline plan of works | 460 | |
| Consent to vary or cancel consent notice condition | 1,020 | |
| Approval of survey plan | 240 | |
| Issue of certificate that survey plan approved for purposes of lodging with Registrar-General of Land | 255 | |
| Issue of certificate for survey plan relating to subdivision approved for purposes of lodging with Registrar-General of Land | 345 | |
| Consent to individual disposition of land held in particular certificate of title or cancellation of requirement that allotments be amalgamated | 345 | |
| Consent to creation, surrender, or variation of easement | 345 | |
| Inspection or other compliance and monitoring | 0 |
Schedule 2 |
| Matter for which fee or charge payable | Fee or charge ($) | |
|---|---|---|
| Application for building consent—pre-application | 205 | |
| Application for building consent on land subject to natural hazards | 170 | |
| Application for building consent if national multiple-use approval | 500 | |
| Application for building consent for demolition or house renewal | 185 | |
| Application for building consent in any other case with building project value no more than $1,999 | 90 | |
| Application for building consent in any other case with building project value of $2,000 to $4,999 | 245 | |
| Application for building consent in any other case with building project value of $5,000 to $19,999 | 400 | |
| Application for building consent in any other case with building project value of $20,000 to $99,999 | 550 | |
| Application for building consent in any other case with building project value of $100,000 to $499,999 | 585 | |
| Application for building consent in any other case with building project value of $500,000 or over | 1,270 | |
| Application for exemption from building consent requirements | 165 | |
| Issue of project information memorandum or site information report | 190 | |
| Application for code compliance certificate with building project value of no more than $19,999 | 60 | |
| Application for code compliance certificate with building project value of $20,000 or over | 155 | |
| Application for code compliance certificate for consents granted under Building Act 1991 | 125 | |
| Carrying out product assessment | 460 | |
| Receiving producer statement | 125 | |
| Application for consent to extension of building consent | 85 | |
| Application to avoid lapse of building consent | 85 | |
| Application for building consent that requires waiver or modification of building code | 100 | |
| Application for certificate of acceptance | 295 | |
| Issue of compliance schedule—base charge | 90 | |
| Issue of compliance schedule—additional charge per specified system | 20 | |
| Amendment to compliance schedule | 80 | |
| Registration of annual building warrant of fitness—1 specified system only | 60 | |
| Registration of annual building warrant of fitness—more than 1 specified system | 90 | |
| Building warrant of fitness inspection | 110 | |
| Approval of independently qualified person—base charge | 75 | |
| Approval of independently qualified person—additional charge per specified system | 45 | |
| Issue of notice to fix | 205 | |
| Building inspection (per inspection) | 110 | |
| Inspection of building outside Auckland | 340 | |
| Application for certificate of public use | 175 | |
| Certificate that proposed use of premises meets requirements of building code | 80 | |
| Unauthorised building work inspection (as part of determining whether to issue certificate of acceptance) | 205 | |
| Receipt of specialist report for purposes of determining whether building safe or sanitary, or both | 160 |
Schedule 3 |
| Matter for which fee or charge payable | Fee or charge ($) | |
|---|---|---|
| Dog Control Act 1996 | ||
| Application for dog owner licence | No charge | |
| Multiple dog permit application fee | 31 | |
| Pound fee—seizure of dog | 34 | |
| Pound fee—sustenance of impounded dog | 17 per day | |
| Registration fee—standard charge if no other category applies and fee paid in period beginning 1 July and ending 1 August | 100 | |
| Registration fee—standard charge if no other category applies and fee paid in period beginning 2 August and ending 30 June* | 123 | |
| Registration fee—neutered dog, owner has dog owner licence, and fee paid in period beginning 1 July and ending 1 August | 45 | |
| Registration fee—neutered dog, owner has dog owner licence, and fee paid in period beginning 2 August and ending 30 June* | 67 | |
| Registration fee—non-neutered dog, owner has dog owner licence, and fee paid in period beginning 1 July and ending 1 August | 51 | |
| Registration fee—non-neutered dog, owner has dog owner licence, and fee paid in period beginning 2 August and ending 30 June* | 74 | |
| Registration fee—neutered dog, owner does not have dog owner licence, and fee paid in period beginning 1 July and ending 1 August | 72 | |
| Registration fee—neutered dog, owner does not have dog owner licence, and fee paid in period beginning 2 August and ending 30 June* | 94 | |
| Registration fee—dog owner is superannuitant with Community Services Card entitlement | 45 | |
| Registration fee—dog described in pararaphs (a) or (b)(i), (iii) to (ivc), and (vi) of definition of working dog in section 2 | 0 | |
| Registration fee—dog described in paragraph (b)(ii) or (v) of definition of working dog in section 2 | 22 | |
| Registration fee—dog classified as dangerous dog under section 31 and fee paid in period beginning 1 July and ending 1 August | 150% of applicable fee | |
| Registration fee—dog classified as dangerous dog under section 31 and fee paid in period beginning 2 August and ending 30 June* | 150% of applicable fee | |
| Replacement of registration label or disc | 5 per label or disc |
|
| Impounding Act 1955 | ||
| Poundage fee for cow, horse, deer, ass, or mule (initial impoundment) | 20 | |
| Poundage fee for cow, horse, deer, ass, or mule (each subsequent day) | 10 | |
| Poundage fee for sheep, goat, or pig (initial impoundment) | 10 | |
| Poundage fee for sheep, goat, or pig (each subsequent day) | 5 | |
| Sustenance of impounded animal | 5 per day |
| * For these entries, if the fee relates to a dog less than 3 months old, or imported into New Zealand, and registered for the first time on or after 2 August of the registration year, the fee must be calculated by dividing the relevant annual fee into 12 portions and imposing a fee based on the number of complete months remaining in the registration year. |
Schedule 4 |
| Matter for which fee or charge payable | Fee or charge ($) | |
|---|---|---|
| Local Government Act 2002 | ||
| Consent to cancellation of building line restriction (under section 327A of the Local Government Act 1974) | 345 | |
| Application for consent to new or revised property number (under section 319B of the Local Government Act 1974) | 0 | |
| Certificate that proposed use of premises meets requirements of Resource Management Act 1991 for purposes of Sale of Liquor Act 1989 | 190 | |
| Inspection or approval (other than under Building Act 2004 or Resource Management Act 1991) of new lot connection, on-line or on-grade replacement of public drain, alteration to man-hole lid level, or connection of 50 mm domestic fire sprinkler | 145 | |
| Inspection or approval (other than under Building Act 2004 or Resource Management Act 1991) of works relating to common accessway | 665 | |
| Inspection or approval (other than under Building Act 2004 or Resource Management Act 1991) of any other private works relating to or affecting public work | 380 | |
| Council involvement for purposes of construction of private drains (section 459 or 460 Local Government Act 1974) | 1,020 | |
| Providing copy of extract of register of independent qualified persons or licensed building practitioners | 30 | |
| Issue of weekly building consent register report, resource management consent register report, or both (annual subscription) | 1,010 | |
| Issue of monthly building consent register report, resource management consent register report, or both (annual subscription) | 490 | |
| Issue of monthly building consent register report, resource management consent register report, or both (single request) | 95 | |
| Local Government Official Information and Meetings Act 1987 | ||
| Application for land information memorandum for vacant lot | 150 | |
| Application for land information memorandum for any other lot | 235 | |
| Urgent application for land information memorandum for vacant lot | 255 | |
| Urgent application for land information memorandum for any other lot | 335 |
Schedule 5 |
| Council officer dealing with matter | Hourly rate ($) | |
| Legal services officer, building control manager, manager inspections, project manager, resource consents manager, manager integrated consents, licensing and compliance manager, or any other manager | 153 | |
| Team leader resource consents, team leader building, team leader development engineering, team leader subdivisions, team leader licensing and compliance, or any other team leader | 143 | |
| Specialist noise assessor, senior planner, senior development engineer, senior planner subdivisions, senior environmental monitoring advisor, senior consents and compliance advisor, senior processor, senior traffic engineer, or any other senior officer | 138 | |
| Senior building advisor, technical building advisor, building control specialist, or any other senior building professional (processing and inspection) | 133 | |
| Resource consent planner, development engineer, building control planner, subdivisions advisor, urban designer, incident advisor, or arborist | 123 | |
| Building processing and inspections, compliance officer, monitoring officer, pollution response advisor, or environmental health inspector | 112 | |
| Team leader administration | 112 | |
| Assistant planner, graduate development engineer, graduate resource consents planner, or planning technician | 112 | |
| Administrative officer | 87 |
Rebecca Kitteridge,
Clerk of the Executive Council.
Issued under the authority of the Acts and Regulations Publication Act 1989.
Date of notification in Gazette: 27 October 2010.
Reprints notes
1 General
This is a reprint of the Local Government (Auckland Transitional Provisions) Fees and Charges Regulations 2010 that incorporates all the amendments to those regulations as at the date of the last amendment to them.
2 Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, will have the status of an official version once issued by the Chief Parliamentary Counsel under section 17(1) of that Act.
3 Editorial and format changes
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/
.
4 Amendments incorporated in this reprint
-
Building Amendment Act 2012 (2012 No 23): section 94
Local Government (Auckland Transitional Provisions) Fees and Charges Regulations 2010 (SR 2010/374): regulation 3
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Local Government (Auckland Transitional Provisions) Fees and Charges Regulations 2010
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