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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Development contributions - Contributions may be required by territorial authorities

198: Power to require contributions for developments

You could also call this:

“Councils can ask you to pay money when you build or connect to services”

You can be asked to pay a development contribution to your local council when:

  1. You get permission to do something on your land under the Resource Management Act 1991.
  2. You get permission to build something under the Building Act 2004.
  3. You get permission to connect to a service like water or sewerage.

The council can only ask for this money if they have a policy that follows the rules in section 201. The policy that counts is the one that was in place when you applied for permission.

If the council asks you for this money when giving you permission to do something on your land or build something, you can’t complain about it or appeal it. This is just to make things clear.

The council can also ask for this money when they give you a certificate saying a building is okay, even if you didn’t get permission to build it first.

Sometimes, a government agency called Kāinga Ora–Homes and Communities might give the permission instead of the council. If this happens, Kāinga Ora can ask for the development contribution money for the council if they both agree to this.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173823.

Topics:
Government and voting > Local councils
Housing and property > Home safety and repairs
Housing and property > Land use
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Part 8 Regulatory, enforcement, and coercive powers of local authorities
Development contributions: Contributions may be required by territorial authorities

198Power to require contributions for developments

  1. A territorial authority may require a development contribution to be made to the territorial authority when—

  2. a resource consent is granted under the Resource Management Act 1991 for a development within its district:
    1. a building consent is granted under the Building Act 2004 for building work situated in its district (whether by the territorial authority or a building consent authority):
      1. an authorisation for a service connection is granted.

        1. A territorial authority may only require the development contribution as provided for in a policy adopted under section 102(1) that is consistent with section 201.

        2. For the purposes of subsection (2), a development contribution must be consistent with the content of the policy adopted under section 102(1) that was in force at the time that the application for a resource consent, building consent, or service connection was submitted, accompanied by all required information.

        3. A requirement for a development contribution under subsection (1)(a) or (1)(b) is not—

        4. a condition of a resource consent that gives rise to any right of objection or appeal; or
          1. as the case may be, a matter that gives rise to any right to apply to the chief executive for a determination under the Building Act 2004.

            1. Subsection (3) is for the avoidance of doubt.

            2. If a development contribution policy provides for a development contribution under subsection (1)(b), the territorial authority may require that development contribution to be made when granting a certificate of acceptance under section 98 of the Building Act 2004 if a development contribution would have been required had a building consent been granted for the building work in respect of which the certificate is granted.

            3. Subsection (4C) applies if Kāinga Ora–Homes and Communities is responsible for granting the consent, authorisation, or certificate referred to in subsection (1) or (4A).

            4. Kāinga Ora–Homes and Communities may, as appropriate and by agreement with the local authority, exercise the power under the relevant subsection on the local authority's behalf.

            5. In this section,—

              building consent authority means a person whose name is entered in the register referred to in section 273(1)(a) of the Building Act 2004

                chief executive has the meaning given to it in section 7 of the Building Act 2004.

                Notes
                • Section 198(1): substituted, on , by section 414 of the Building Act 2004 (2004 No 72).
                • Section 198(1): amended, on , by section 23(1) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).
                • Section 198(1)(a): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                • Section 198(1)(b): amended, on , by section 23(2) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).
                • Section 198(2): amended, on , by section 52(1) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
                • Section 198(2): amended, on , by section 49 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
                • Section 198(2A): inserted, on , by section 52(2) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
                • Section 198(3): substituted, on , by section 23(3) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).
                • Section 198(4): added, on , by section 23(3) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).
                • Section 198(4A): inserted, on , by section 52(3) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
                • Section 198(4B): inserted, on , by section 300 of the Urban Development Act 2020 (2020 No 42).
                • Section 198(4C): inserted, on , by section 300 of the Urban Development Act 2020 (2020 No 42).
                • Section 198(5): added, on , by section 23(3) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).