Planning and regulatory fees

Deposits

A deposit shall be payable at the time of lodging, Resource Consent and Certificates of Acceptance, or other applications as listed in the following tables for Planning and Building fees and charges:

Note 1:

For applications and other approvals under the Resource Management Act 1991 the following deposits represent a fixed charge in terms of Section 36(1) of the Resource Management Act 1991.

Note 2:

All deposits unless otherwise stated shall be subject to standard Clause 10 (Hourly Charges) where the costs exceed the deposit.

1. Planning

Planning

DEPOSIT

(unless otherwise stated)

All fees incl. GST

Resource Consents, Subdivisions and Associated Processes

Resource Consent Land Use - Controlled Activity

$510.00

Resource Consent Land Use - Restricted Discretionary Activity

$560.00

Resource Consent Land Use – Discretionary Activity

$610.00

Resource Consent Land Use Consent - Non- Complying Activity

$1,020.00

Resource Consents and Designations

- Fully Notified

- Limited Notified

- Hearing only

 

$15,000.00

$5,000.00

$3,000.00

Resource Consent Variation of Conditions,

Alteration of Designation

$560.00

Resource Consent Extension of Lapse Date (s.125)

$510.00

Resource Management Act Certificate of Compliance, Existing Use Right Certificate and Overseas Investment Certificate

$460.00

Outline Plan Processing

$510.00

Outline Plan Waiver

$250.00

Subdivision Consents

  Freehold and Leasehold

  Amendment to Existing Leasehold Titles

  Boundary Adjustment

 

$820.00

$510.00

$510.00

Rights of Way Survey Plans

$360.00

Private Plan Change

$40,000.00

Consent Notice (section 221 of RMA)(per document)

$150.00  Set Fee

Section 223 certification only - Subdivisions

$110.00

Section 224 certification - Subdivisions (where 223 and 224 certification are applied for together, this fee will also apply)

For Subdivisions of 10 or less lots

For Subdivisions of more than 10 lots

 


$225.00

$460.00

 

 

Engineer Check for section 224 certification – Subdivisions (includes one inspection.  Additional inspections will be charged at hourly rate).

For Subdivisions of 2 or less lots

 

For Subdivisions of more than 2 lots

 

 

 

$200.00

 

$410.00

 

Resource Management Act Section 226 Certificate

$205.00

Certificate of Transfer and other legal documents

$205.00 

Hearings and associated Site Visit and Deliberations (both HDC Hearings Committee and HDC Hearings Commissioner(s) Hearings)

$300.00 per hour

Review of Delegated Decisions (lodgement Fee)

$511.00

Bond Administration Fee

$510.00

 

MONITORING DEPOSIT - RESOURCE CONSENTS

 

 

Hastings (i.e. sites located within a 3 km radius of the HDC Administration Building, Lyndon Rd. East, Hastings).

 

$160.00

Havelock North, Flaxmere, Plains (i.e. sites located between a 3-20 km radius of the HDC Administration Building, Lyndon Rd. East, Hastings).

 

$170.00

Rural (i.e. sites located beyond a 20 km radius of the HDC Administration Building, Lyndon Rd. East, Hastings).

$200.00

 

GAMBLING ACT 2003

Class 4 Gambling Venue Consent

$567.60

 

  • Note 3:  In respect of any charges under the Resource Management Act 1991, Hourly Rates, Vehicle Rates and Payment of Balance/Refund and Penalties as set out in Clause 10, Clause 11, and Clause 12 of this schedule shall be applicable to any additional charge payable in terms of Section 36(3) of the Act, where the actual and reasonable costs incurred exceed the fixed charge paid.
  • Note 4: Provided that for resource consents, private plan changes and any other application requiring notification; Advertising, Photocopying and Postage Costs incurred in public notification, agenda preparation and agenda distribution shall be charged at cost as disbursement in accordance with Clause 3.
  • Note 5:  Where inspections are necessary in addition to the normal requirements, these will be charged for at the applicable Hourly Rate as set in Clause 10.  Any costs incurred through the engagement of external expertise will be charged to the applicant at cost.

2. Building

Building Fee Deposits

DEPOSIT

(unless otherwise stated)

All fees incl. GST

  1.  

Footpath Deposit (Note: an additional inspection fee of $100.00 also applies)

$500.00

  1.  

Certificates of Acceptance (pursuant to section 96(1)(a) Building Act 2004).

Note: any other current building consent processing fees, together with standard charges, levies including development levies, and inspection fees also apply, plus any fees, charges, or levies that would have been payable had a consent been applied for before the work was carried out.  

$400.00

 

  1.  

Certificates of Acceptance (pursuant to section 96(1)(b) & (c) Building Act 2004 - work carried out urgently or when a Code Compliance).

 

Note: any other current building consent processing fees also apply, together with standard charges, levies including development levies, and inspection fees.

$400.00

 

 

 

Note 1: The following levies are applicable where the value of the building project exceeds $20,000 in total

  • Building Research Association of New Zealand (BRANZ) levy assessed at $1.00 per $1,000.
  • Building Order (DBH) levy assessed at $2.01 per $1,000 including GST.

Note 2: Building consent fees will be charged when the consent has been granted and is ready for issue. Applicant’s exempt from pre lodgement assessment will receive a discount to the value of the fixed fee for pre lodgement assessments. Inspection fees are charged as a fixed fee reflecting actual and reasonable costs for conducting inspections within specified zones. 

Note 3: Building inspection fees include mileage costs and charged on a fixed fee by zone basis.  Actual costs may be charged at Council’s discretion.

3. FIXED BUILDING FEES & CHARGES

The following standard fees and charges shall also be payable.

 

FIXED BUILDING FEES & CHARGES

FEE

(Inc. GST)

  1.  

Building Inspections:  (Note: zone boundaries are based on the following outbound travel times):

 

Zone 1  (~7 minutes)

Zone 2  (~15 minutes)

Zone 3  (~30 minutes)

Zone 4  (~45 minutes)

Zone 5  (~60 minutes)

Note: Failed inspections will incur the relevant zone inspection fixed fee

 

$145.00

$180.00

$255.00

$340.00

$460.00

  1.  

Section 73 & section 77 Certificates (Building Act 2004) (each) -plus inspection costs

$250.00

  1.  

Application for Building Consent Exemption

$150.00

  1.  

Building Consent PlanSmart Assessment

  • Minor Works and Outbuildings
  • Residential
  • Commercial

(Not applicable to PIM-only applications)

 

$80.00

$110.00

$150.00

 

  1.  

Minor Works Building Consent Applications

  • Single and double Garages,
  • Small sheds and outbuildings
  • Swimming Pools

 

Note 1: Building consent applications may be categorised as minor works applications on a case by case basis.

$400.00

 
  1.  

Building Consent Administration Fee

≤ $10,000 value

>$10,000

Consents prior to 2009

 

$135.00

$180.00

$47.75

 

  1.  

Building Consent Authority Accreditation Fee

 

  • Solid Fuel Heaters
  • Minor Works, Solar Water Heaters
  • Residential
  • Commercial

Note 1: Fixed fees referenced in this schedule exclude the relevant BCA Accreditation fee.

$5.00​

$5.00

$20.00

$40.00

  1.  

Asset management inspection fee (footpath, berm, road, vehicle crossing damage inspection)

$100.00

  1.  

Development Engineer Review

$75.00

  1.  

Building Consent Pre-Consent Meeting

  • Residential
  • Commercial

 

$160.00

$250.00

 
  1.  

Solar Water Heaters (including BCA Accreditation Fee)

$300.00

  •  

Solid Fuel Heaters (including BCA Accreditation Fee)

Note:  Additional inspections required are charged at fixed building inspection zone fee rate

$300.00

 

  1.  

Footpath and vehicle crossing inspection fee per visit

$50.00

  •  

Building Act Compliance Certificates

$100.00

  •  

Demolition Consent fee (not otherwise exempt under the Building Act 2004)

At current charge out rate

  1.  

Rural Address Property Identification (Rapid No)

 $20.00

  1.  

Monthly Building and RMA Reports (each)

$60.00 per month

  1.  

Weekly Building and RMA Reports (each)

$80.00 per month

  1.  

Building Warrant of Fitness – Administration and Inspection fee

$135.00 

  1.  

Compliance Schedule (new under Building Act 2004)

$250.00 

  1.  

Issue amended Compliance Schedules

150.00 

 
  1.  

Independently Qualified Persons (IQP) - New Registrations

$300.00

  1.  

Independently Qualified Persons (IQP) - Amendment Registrations

$150.00

  1.  

Independently Qualified Persons (IQP) Optional Yearly Renewal

$100.00

  1.  

Certificates for Public Use

$245.00 

  1.  

Applications (reapplication) for Code Compliance Certificates

Note: applies to 2nd and subsequent CCC applications.

$100.00

  1.  

Project Information Memorandum (PIM) only applications

$350.00

 

4. LAND INFORMATION MEMORANDUMS

 

 

LAND INFORMATION MEMORANDUMS

FEE

(Inc. GST)

(a)

Land Information Memoranda (LIM) Reports:

Note 1: Report printing costs may include additional fees and charges depending on the option selected (refer below).

Note 2: A $50 cancellation fee will apply or the actual processing and research costs, whichever is the greatest.

Note 3: Hourly rate charges may apply in excess of 8 hours processing time.

Note 4: Express LIM service may be available at a date to be confirmed.

 

Residential Properties

Part A & B - Standard (7-10 working days)

 

Part A only - Standard (7-10 working days)

 

 

$350.00

 

$300.00

 

Vacant Land (All Properties)

Part A & B - Standard (7-10 working days)

 

 

Part A only - Standard (7-10 working days)

 



$200.00




$150.00

 

Horticultural and Farming Properties

Part A & B - Standard (7-10 working days)

 

 

Part A only - Standard (7-10 working days)

 

 

$350.00


 

$300.00

 

Commercial

Part A & B - Standard (10 working days)

Part A only - Standard (10 working days)



$450.00 (min. fee)

$400.00 (min.fee)

Copy and Delivery Options

Electronic reports sent by email or link
USB memory stick collected in person
Print copy sent by standard mail

 

No Charge
$10.00
$25.00


5. PRINTING AND COPYING

     

(a)

GIS Printouts- 

Ratepayer        

A4

A3       

                       

Commercial Operation

A4

A3

 

 

 

$2.00 per sheet

$3.50 per sheet

 

 

$12.00 per sheet

$22.00 per sheet

 

 

Plan Prints

$5.00 per sheet

 

Microfilm and Electronic File Printouts

     

            A4/copy

            A3/copy

            A2/copy

            10 – 20 copies 25% discount

            over 20 copies 50% discount

$1.00

$2.00

$4.00

 

Document Management Fee (all applications for resource consents, private plan changes, certificate of compliances.

$40.00 per application 

 

Photocopying:

            A4

            A3

            Colour A4

            Colour A3

            10 - 20 copies 25% discount

            over 20 copies 50% discount

 

$0.25 per copy

$0.50 per copy

$1.50 per copy

$2.50 per copy

 

Certificates of Title

$20.00

 

 

6.DISTRICT PLAN

  1.  

Sale of District Plans - CD Disk only

$25.00

  1.  

Reserves, Facilities, Roading and Development Contributions

as per Development Contributions Policy

7. COMMUNITY SIGNS

(a)

Community Signs - Booking Fee

$35.00

 

8. ENVIRONMENTAL HEALTH

 

 

FEE

(Inc GST)

(a)

Hairdressers

$180.00

(b)

Funeral Directors

$180.00

(c)

Offensive Trades

$180.00

(d)

Amusement Galleries

$154.00

(e)

Sale Yards

$77.00

(f)

Camping Grounds

$285.00

(g)

Stall Holders [1]

 

Farmers Market (20+) stalls

$62.00

 

$1113.00

(h)

Shop Front Strip/ Footpath hospitality/ dining licence

1. Application fee

Plus a Licence Fee - Either

  1. Other than liquor licensed premises
  • annual fee

 

  1. Liquor Licensed premises outside a liquor ban area
  • annual fee

 

  1. Liquor Licensed premises inside a liquor  ban area
  • annual fee

 

 

$255.00

 

 

$62.00

 

 

 

$127.00

 

 

$255.00

 

(i)

Mall space (other) – per day

$13.00

(j)

Food Barrows and other Barrow

            - per week site rental

            - per week with power

 

$57.00

$85.00

(k)

Noise Control: stereo seizure

$279.00

 

(l)

Cycles and Skateboards confiscated

1st Impounding

2 Impounding

 

$10.00

$20.00

(m)

Licences required under the Hastings District Council Bylaws for which fees or charges are not otherwise prescribed by statute or by Council resolution.

$180.00

(n)

Hawkers

-without food

Operating under the Food Hygiene Regulations 1974

 

Operating under a Food Control Plan or National Programme[2]

-application fee

-annual registration fee

 

$100.00

$175.00

 

 

 

 

$150.00

$76.00

(o)

Mobile Shops 

-without food

Operating under the Food Hygiene Regulations 1974

-selling food (high risk )

-selling food (low risk)

Operating under a Food Control Plan or National Programme[3]

-application fee

-annual registration fee

 

 

$175.00

 

 

$278.00

$211.00

 

 

$175.00

$76.00

 

Set By Statute

 

 

Alcohol licences

 

(p)

Special Licences

 

 

Class 1 Special Licence

• 1 large event

• More than 3 medium events

• More than 12 small events

 

$575.00

 

Class 2 Special Licence

• 3 to 12 small events

• 1 to 3 medium events

$207.00

 

Class 3 Special Licence

• 1 or 2 small events

$63.25

(q)

Managers Certificate

$316.25

(r)

Temporary Authority

$296.70

 
 

[1] Separate additional fees also apply for the registration of a food control plan or national programme and verification work associated with a stall.  Table 9b below sets out the Hastings District Council Food Act 2014 fees.

[2] Separate additional fees also apply for the registration of a food control plan or national programme and verification work associated with a hawker.  Table 9b below sets out the Hastings District Council Food Act 2014 fees.

[3] Separate additional fees also apply for the registration of a food control plan or national programme and verification work associated with a mobile shop.  Table 9b below sets out the Hastings District Council Food Act 2014 fees.

Large event means an event that the territorial authority believes on reasonable grounds will have patronage of more than 400 people.

Medium event means an event that the territorial authority believes on reasonable grounds will have patronage of between 100 and 400 people.

Small event means an event that the territorial authority believes on reasonable grounds will have patronage of fewer than 100 people.

For club, on, off and endorsed on and off licences, the fee is determined by the fees framework set out in the Sale and Supply of Alcohol (Fees) Regulations 2013 Act.  In addition, annual licensing fees apply to these types of licences. 

Large event means an event that the territorial authority believes on reasonable grounds will have patronage of more than 400 people.
Medium event means an event that the territorial authority believes on reasonable grounds will have patronage of between 100 and 400 people.
Small event means an event that the territorial authority believes on reasonable grounds will have patronage of fewer than 100 people.

For club, on, off and endorsed on and off licences, the fee is determined by the fees framework set out in the Sale and Supply of Alcohol (Fees) Regulations 2013 Act.  In addition, annual licensing fees apply to these types of licences. 

 

 

Amusement device permit applications Set By Statute

Fee

(Inc GST)

 

One device for the first seven days of proposed operation or part thereof:

 

$11.50

 

For each additional device operated by the same owner, for the first seven days or part thereof:

 

$2.30

 

For each device, $1.15 for each further period of seven days or part thereof:

 

 

Note 1: Any re-inspections, or advisory visits requested by licence holders, will be charged in accordance with the Clause 10 (Hourly Rates) and Clause 11 (Vehicle Rates) in this schedule.

9. Food premises

Table 9a - Registration, administration and inspection fees for premises operating under the

Food Hygiene Regulations 1974

Grade

Category A

Category B

Category C

Category D

Excellent

$259.00

$315.00

$436.00

$581.00

Very Good

$324.00

$440.00

$622.00

$838.00

Not Graded

$453.00

$565.00

$773.00

$1079.00

Ungraded High Risk

$583.00

$689.00

$1179.00

$1871.00

Discretionary fee

$140.00

 

Table 9b - Fees under the Food Act 2014 (see section 20 below for information regarding the setting of the fees under the Food Act 2014).

 

Service area

Fee or charge

When fee or charge payable

Registration

 

 

Application for, assessment of, and registration of food control plan based on a template or model issued by MPI (Ministry of Primary Industries).

 

$224.00 per application plus $149.00 per hour spent processing the application after the first 1 hour and 15 minutes.

Payable by applicant upon application for registration and any remainder payable within 20 working days of receipt of invoice.

Application for renewal of registration of food control plan based on a template or model issued by MPI.

 

$100.00 per application plus $149.00 per hour spent processing the application after the first 30 minutes.

Payable by applicant upon application for registration and any remainder payable within 20 working days of receipt of invoice.

Application for registration of an amended food control plan based on a template or model issued by MPI.

 

$149.00 per application plus $149.00 per hour spent processing the application after the first 45 minutes.

Payable by applicant upon application for registration and any remainder payable within 20 working days of receipt of invoice.

Application for assessment of, and registration of a business subject to a national programme.

 

$137.00 per application plus $149.00 per hour spent processing the application after the first 45 minutes.

Payable by applicant upon application for registration and any remainder payable within 20 working days of receipt of invoice.

Application for renewal of registration of a business subject to a national programme

 

$100.00 per application plus $149.00 per hour spent processing the application after the first 30 minutes.

Payable by applicant upon application for registration and any remainder payable within 20 working days of receipt of invoice.

Amendment to registration of a business subject to a national programme.

$100.00 per application plus $149.00 per hour spent processing the application after the first 30 minutes.

Payable by applicant upon application for registration and any remainder payable within 20 working days of receipt of invoice.

 

Premises transitioning to Food Act 2014

Food hygiene registration payment will be transferred to the Food Act on a pro-rata basis.

Payable by applicant upon application for registration.

 

 

Verification

 

 

Verification of a food control plan based on a template or model issued by MPI

 

$482.00 fixed fee plus $149.00 per hour spent on verification activities after 3 hours and 15 minutes.

Payable within 20 working days of receipt of invoice.

Verification of a food control plan (mobile shop or less complex set up) based on a template or model issued by MPI

 

$383.00 fixed fee plus $149.00 per hour spent on verification activities after 2 hours and 30 minutes.

Payable within 20 working days of receipt of invoice.

Verification of a national programme

 

$307.00 fixed fee plus $149.00 per hour spent on verification activities after 2 hours.

 

Payable within 20 working days of receipt of invoice.

Follow up of verification issues (non-compliance / non-conformance).

 

$149.00 per hour

Payable within 20 working days of receipt of invoice.

Compliance

 

 

Issue of improvement notice, including development of the notice

$149.00 per notice plus $149.00 per hour spent developing and issuing the notice after the first hour

Payable by the operator of the business subject to improvement notice within 20 working days of receipt of invoice.

 

Application for the review of an improvement notice

$149.00 per application plus $149.00 per hour spent processing the application after the first hour

$149.00 payable by the applicant on application for review and any remainder payable within 20 working days of receipt of invoice.

 

Monitoring for food safety and suitability

$149 per hour

Payable within 20 working days of receipt of invoice.

 

General

 

 

All other cost recoverable activities under the Act,

$149 per hour

Payable within 20 working days of receipt of invoice.

10. DOG REGISTRATION AND CONTROL

Dog control act Fees

 

FEE

(Inc. GST)

Dog Registration Fees

 

Full Fee (before 1 August)

$110.00

Full Fee (after 1 August)

$165.00

Selected Owner Policy (before 1 August)

$73.50

Rural/Working Dog (before 1 August)

$48.00

Rural/Working Dog (after 1 August)

$72.00

DOG CONTROL FEES

 

Impounding Fees for Registered Dogs

            -First Impounding

            - Second Impounding

            -Third Impounding

 

 

 

$85.00

$100.00

$150.00

 

Impounding Fees for Unregistered Dogs

            First Impounding

            - Second Impounding

            - Third Impounding

 

$85.00

$100.00

$150.00

 

Micro-chipping fees (including chip)

$42.00

Sustenance Fee per day

$8.00

 

 

 Dog control bylaw Fees

(set pursuant to Local Government Act 2002)

 

Application to keep more than two dogs

$25.00

Application for a Selected Owner Policy

$25.00

Note 1. The Dog Control and Stock Control fees set out in this schedule were set by Council for the 2014/15 registration period by resolution as provided for in the relevant legislation.  The fees set out here are for information and completeness purposes only and may be subject to change.

 

11. Stock control 

(set by Council resolution pursuant to Impounding Act 1955)

(a) Impounding fees (per animal)

           

NORMAL FEE

(incl GST)

AFTER HOURS

(incl GST)

SUSTENANCE FEES

 (Per day or part)

(incl GST)

Deer

$40.00

$50.00

Actual Costs

Horses

$40.00

$50.00

Actual Costs

Cattle

$40.00

$50.00

Actual Costs

Pigs

$20.00

$40.00

Actual Costs

Goats

$10.00

$15.00

Actual Costs

Sheep

$10.00

$15.00

Actual Costs

Note 1: The cost of retrieving stock will be charged actual costs in accordance with Clause 10(Hourly Rates) and Clause 11 (Vehicle Rates) in this Schedule.

12. Emergency Management

Fire Permits - Site Inspected - DRA 1 $45.00 
Fire Permits - Site Inspected - DRA 2 $60.00
Site Not Inspected - DRA 1 & 2 $20.00
Plus Actual Mileage at $0.77/km

13. Parking

Parking Fees By Bylaw

 RATE

  • Meter Fees      
  • Pay & Display

$1:00 per hour

50c per hour

Leased Parking (per month)

$30.00 - $80.00

Infringement Fees   (fixed by statute)

Fee

  • Not more than 30 minutes

$12.00

  • More than 30 minutes, but less than 1 hour

$15.00

  • More than 1 hour, but less than 2 hours

$21.00

  • More than 2 hours, but less than 4 hours

$30.00

  • More than 4 hours

$42.00

  • Any other parking

$60.00

  • Unlawfully on a Disabilities Carpark

$150.00

Towage Fees (fixed by statute)

Fee

Vehicle gross weight not exceeding 3500kgs

0700-1800 hrs Monday to Friday(other than public holiday)

Any other time

 

 

 

$53.67

$71.56

Vehicle gross weight exceeding 3500kgs

0700-1800 hrs Monday to Friday(other than public holiday)

Any other time

 

 

$132.89

$204.44

 

 

14. Hourly rates

Unless otherwise specified in this schedule all applications for Project Information Memoranda, Land Information Memoranda, Building and Resource and Subdivision Consents, Private Plan Changes, requests for information or approval, and any other application, including any required inspections or certificates of compliance, will be charged at the actual cost.  Fees will be charged at the following rates plus disbursements.

 

 

POSITION

RATE $/hr (Inc GST)

Engineers

 

      Development Engineer

$175.00 

      Roading/Traffic/Water/Wastewater

$175.00 

Team Leader Environmental Planning

 $175.00  

Senior Environmental Planner

   SP105

   SP100

   SP95

   SP90

 

$166.00

$157.00

$149.00

$142.00

Environmental Planning Officers

 

   EP105

 $141.00 

   EP100

 $135.00 

   EP95

 $128.00 

   EP90

 $128.00 

   EP85

 $121.00 

   EP(Grad)

$114.00

Environmental Planning Assistant

$97.00 

Customer/Administrative Support Officers

$66.00

Building Officers

 $152.00

Building Technicians and LIM Officers

$110.00

Emergency Management Officers

 $110.00 

Animal Control Officer

 $110.00 

Environmental Health Officers

 $149.00 

 

15.VEHICLE RATES 

 A vehicle rate of $0.77/km (including GST) return journey or portion thereof will be charged for all necessary inspections or site visits.

16.  PAYMENT OF BALANCE AND PENALTIES

Deposits paid shall be credited against the total calculated charges.  The balance shall be paid upon the issue of the Code Compliance Certificate, the Resource Consent Application Decision LIM, or other decision, whichever is applicable.

An additional charge of 10% of any unpaid amounts owed will be added to any account that is overdue 60 days or more from the date of the original invoice.  For each additional 30 days the overdue amount remains outstanding, an additional charge of 2% of the total unpaid amounts owed at that time will be levied.

Any unpaid amounts referred to a debt recovery agency shall incur a one off penalty calculated as follows:

•      16.5% on the first $1000

•      11.0% on the next $4000

•      5.5% on the remainder

Note:  These penalties are cumulative.

17.LOCAL GOVERNMENT OFFICIAL INFORMATION & MEETINGS ACT 1987

The charge for the supply of information under this Act shall be the actual time and costs incurred with the exception that the first half hour of staff time and first 20 pages of photocopying shall not be charged.

Staff time shall be charged be in accordance with the Clause 10 (Hourly Rates) in this Schedule

Photocopying charges shall be in accordance with Clause 3 (Property Information) of this Schedule.

Where the cost is likely to exceed $100.00, the Council may require that the whole or part of any charge be paid in advance.

18.EMPOWERMENT

These charges are deemed to be made pursuant to the following statutory empowerment as applicable to the nature of service for which the charge is levied, except in the case of dog control and registration and stock impounding, are set by Council resolution and are reproduced in the schedule for completeness.

Section 36             Resource Management Act 1991

Section 219           Building Act 2004

Section 44A          Local Government Official Information and Meetings Act 1974

Section 150           Local Government Act 2002

Section 23             Hazardous Substances and New Organism Act 1996

Section 29             The Sale of Liquor Regulations 1990

Part 4                   Impounding Act 1955

Part 3 Section 41   Forest and Rural Fires Act 1977

Section 13(2)        Local Government Official Information & Meetings Act 1987

Section 205           Food Act 2014

19. Annual Review

This schedule will be reviewed annually or at any other time approved by the Council.  Any changes (with the exception of dog registration and control, and stock impounding) will be approved using the special consultative procedure set out in section 83 of the Local Government Act 2002. Fees, rates and charges set pursuant to the Dog Control Act 1996 or the Impounding Act 1955 are set by resolution of Council publicly notified as the case may require. This schedule also includes a number of fees set by statute and are provided for completeness only.

20. FOOD SAFETY FEES (SET UNDER THE FOOD ACT 2014)

The provisions of the Food Act 2014 came into effect on 1 March 2016.  The Act adopts a risk based approach to the management of food safety. It also requires that specific provisions be considered in the setting and consultation of food safety fees and charges.

This section fulfils the requirements section 205(2) of the Food Act 2014.  The proposed fees are set out in table 9b (of section 9 above).  The reasons for their introduction, alternatives considered and the principals used in setting the fees and charges are set out below.

Under the Food Act 2014, Council has responsibility for the following functions: registration of premises, verification of premises to ensure they are complying with applicable risk based measures, investigation of compliance issues, and monitoring. In addition, the Ministry of Primary Industries has the ability to set monitoring requirements for territorial authorities under certain circumstances. Section 205 of the Act specifically sets out the ability of a local authority to set fees and charges. A copy of the Act can be downloaded from: http://www.legislation.govt.nz/  

Section 199 of the Act sets out that costs may be recovered through a wide variety of methods. Options considered for cost recovery are set out below. Section 198 of the Act requires that the following principles be taken into account in setting methods of cost recovery:

Equity – that funding should be sourced from users or beneficiaries that is commensurate with the benefit or use of the function, power or service.

Efficiency – costs are allocated to deliver maximum benefit for minimum cost.
Justifiability – costs are collected only to meet actual and reasonable costs.
Transparency – costs are identified and allocated as closely as practicable for the service provided in the period in which they were generated.

OPTIONS CONSIDERED FOR COST RECOVERY

Option 1: Fixed fees (with flexibility)

A fixed fee structure based on the time normally expected to complete a service or function required by the Act and the standard hourly rates of the officers involved provides certainty to business operators and reduces the degree of administration around invoicing. It is possible under this structure that high performing premises could subsidise the verification of premises that may require more officer time. For this reason, the fee structure allows for additional charging where poorly performing businesses require substantial officer input. Additional charging creates an increase in the level of administration necessary but is viewed appropriate to ensure charging is performance based. This is the preferred option.

Option 2: Variable fees (no upfront charging)

This option allows for very precise cost recovery and encourages poorly performing businesses to improve. However, it does not provide sufficient degree of certainty for businesses and is likely to be excessively demanding to administer. Accordingly, this is not a preferred option.

Option 3: Subsidised fee structure

This option has the benefit of being business-friendly and encourages the activity of food businesses in the district. However, it removes performance incentives to a certain degree and it increases the cost of these functions to ratepayers. It is not consistent with Council’s Revenue and Finance Policy and may not be considered consistent with the cost recovery principles set out in the Act. This is not a preferred option.

Option 4: Full funding through rates

The same benefits and drawbacks exist for this option as in option 3. This is not a preferred option.

Consideration of Cost recovery principles

Equity - This principle requires that funding should come from the persons using or benefiting from the functions, power or service. Those businesses registered, verified and administered by Council are viewed as direct beneficiaries. Consumers also derive benefits from Council’s Food Act functions. For this reason, Council investigates complaints, monitors compliance and educates on food safety without charge to businesses unless complaints are substantiated or monitoring reveals non-compliant activity. This approach recognizes that general complaint investigation has public benefits and should not be directly recovered from the food operator where a complaint is not justified.  

Efficiency – This principle requires that Council seek to allocate and recover costs so that maximum benefits are delivered at minimum cost. The preferred option seeks to deliver functions in the most efficient manner possible and this is reflected in the charges set out for businesses.

Justifiability - This principle requires that costs should be collected only to meet actual and reasonable costs (including indirect costs). The proposed fees have been determined based on observation of the time taken to process registration, verification and compliance functions under the Ministry of Primary Industry’s voluntary implementation program. This program operates in a manner that is analogous to the Food Act 2014 and provides a sound basis for comparison.  The fixed fees and hourly rate have been determined by drawing on previous analysis of direct and indirect costs for environmental health and business support functions. 

Transparency – This principle requires that costs are identified and allocated to the tangible service provision for the recovery period in which the service is provided.   The proposed fees are based on the observed time taken for each of the functions, based on analogous activities. Registration charges include administration work such as providing basic advice to new businesses, recording food premises details, providing licences and certificates. Should the process of registration prove complex for an individual premises provision has been made to allow for additional charging to reflect the commitment of officer time. The standard charge for verification includes preparation time (including the booking of appointments), travel time, on-site time undertaking verification, completing reports and information systems updates. If the standard time allocated to this activity is exceeded substantially due to issues identified there is provision to make an additional charge at an hourly rate of $149.  This provides transparency of delivery of service.  No charge will apply for investigation of complaints that are not substantiated.  This recognizes that the investigation of complaints is a public good, and unless verified, should not result in a penalty for the food operator

Proposed fees

During the transitional phase of the Act Council proposes to set fees both for food premises covered by the Food Act 2014 and retain the existing fee structure for food premises that have yet to transition to the new regime. This will remain in place until the transition period of the Act ends.

Existing food premises operating under a deemed Food Control Plan are not be required to renew their registration during the transition period but would be required to be audited and pay a fee for this service. This option provides for cost recovery from food businesses as provided for in the Council’s Revenue and Financing Policy. The Council proposes that the fee structure shown in table 9b (in section 9 above) to take effect from as soon as practicable after 1 March 2016.  All fees and charges set out in section 9 above are GST inclusive.

It is proposed that businesses transitioning to the Act that have already paid their Food Hygiene Regulations annual fee are credited the Food Hygiene Regulations annual fee on a pro-rata basis if the business has not yet been inspected by Council for the current registration year. To avoid doubt, if Council has inspected the business for the current inspection year no credit is applied.