Section 411 — Resource Management Act 1991: Restriction on imposition of conditions as to financial contributions

411 Restriction on imposition of conditions as to financial contributions (1) A consent authority shall not impose a condition of the type contemplated by section 108(2)(a) on any resource consent where a development levy within the meaning of section 270 of the Local Government Act 1974 (before its repeal by this Act) has been fixed and is paid or payable in respect of the activity in respect of which the application for the resource consent is made. (2) Where financial contributions under Part 20 and XXI of the Local Government Act 1974 (including reserves contributions and development levies) have been fixed and have been paid, or are paid or payable in respect of an activity, the consent authority shall deal with the money in accordance with the requirement of section 223F of the Local Government Act 1974 and in reasonable accordance with the purposes for which the money was received. Subsection (1) was amended, as from 17 December 1997, by section 66 Resource Management Amendment Act 1997 (1997 No 104) by substituting the expression “ 108(2)(a) ” for the expression “ 108(1)(a) ” . See section 78 of that Act as to the transitional provisions. Subsection (2) was inserted, as from 7 July 1993, by section 195 Resource Management Amendment Act 1993 (1993 No 65). It replaced and was identical to subsection (2) as inserted by regulation 12 Resource Management (Transitional Provisions) Regulations (No 2) 1992 (SR 1992/107).