200Limitations applying to requirement for development contribution

1. A territorial authority must not require a development contribution for a reserve, network infrastructure, or community infrastructure if, and to the extent that—

2. it has, under section 108(2)(a) of the Resource Management Act 1991, imposed a condition on a resource consent in relation to the same development for the same purpose; or
3. the developer will fund or otherwise provide for the same reserve, network infrastructure, or community infrastructure; or
4. the territorial authority has already required a development contribution for the same purpose in respect of the same building work, whether on the granting of a building consent or a certificate of acceptance or for a project information memorandum for building work in connection with a non-consented small stand-alone dwelling situated within its district; or
5. a third party has funded or provided, or undertaken to fund or provide, the same reserve, network infrastructure, or community infrastructure.

6. This subpart does not prevent a territorial authority from accepting from a person, with that person's agreement, additional contributions for reserves, network infrastructures, or community infrastructures.

7. This section does not prevent a territorial authority from requiring a development contribution if—

8. income from the following is being used or will be used to meet a proportion of the capital costs of the community facilities for which the development contribution will be used:
   1. rates:
   2. fees and charges:
   3. interest and dividends from investments:
   4. borrowings:
   5. proceeds from asset sales; or
9. a person required to make the development contribution is also a ratepayer in the territorial authority’s district or has paid or will pay fees or charges in respect of the facilities.

10. Despite subsection (1)(ba), a territorial authority may require another development contribution to be made for the same purpose if the further development contribution is required to reflect an increase in the scale or intensity of the development since the original contribution was required.

11. Subsection (6) applies if a territorial authority or a council-controlled organisation has entered a funding agreement with the New Zealand Transport Agency under which—

12. a specified amount of additional financial assistance is to be provided from the national land transport fund to the territorial authority or the council-controlled organisation to fund a specified network infrastructure project; and
13. that specified amount of additional financial assistance is to be offset by reduced funding for 1 or more other projects or programmes.

14. If this subsection applies, the specified amount of additional financial assistance must not be treated as third-party funding for the purposes of subsection (1)(c).

15. Subsection (8) applies if a funding agreement referred to in subsection (5)—

16. provides for some or all of the specified amount of additional financial assistance to be offset by the provision of a reduced amount of financial assistance for 1 or more other network infrastructure projects; and
17. specifies the amount of financial assistance for each other network infrastructure project that would otherwise have been provided.

18. If this subsection applies, to the extent that a network infrastructure project receives a reduced amount of financial assistance, subsection (1)(c) applies as if the amount of financial assistance provided for that project were the amount that would otherwise have been provided, and not the reduced amount.

19. In this section, additional financial assistance means an amount of financial assistance for a network infrastructure project that is greater than the amount (if any) that would otherwise be provided from the national land transport fund in respect of that project.

20. Subsections (5) to (9) prevail over subsection (1)(c).