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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Development contributions - Powers to recover unpaid development contributions

208: Powers of territorial authority if development contributions not paid or made

You could also call this:

“What the council can do if you don't pay for your building project”

If you haven’t paid or made a development contribution for your project, the local council can do several things to make sure you pay.

For building projects that need resource consent, the council can stop you from getting a certificate that says your land is suitable for what you want to build. They can also stop you from starting work on your project.

If you’re doing building work that needs a building consent, the council can refuse to give you a code compliance certificate. This is a document that says your building work meets the rules.

If you’ve done building work without getting permission first, the council can refuse to give you a certificate of acceptance. This is a document that says your work is okay even though you didn’t get permission first.

If you need to connect to council services like water or sewerage, the council can refuse to let you connect.

In all cases, the council can put a charge on the title of your land. This means anyone who checks the land records will see that you owe money to the council.

If an organisation called Kāinga Ora–Homes and Communities is in charge of giving you permission for your project, they can do these things for the council if the council agrees.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173850.

Topics:
Government and voting > Local councils
Housing and property > Home safety and repairs
Housing and property > Land use
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207F: Amendment or termination of development agreement, or

“Making changes to or ending an agreement about building things”

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209: Refund of money and return of land if development does not proceed, or

“Getting your money or land back if you cancel your building project”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Development contributions: Powers to recover unpaid development contributions

208Powers of territorial authority if development contributions not paid or made

  1. Until a development contribution required in relation to a development has been paid or made under section 198, a territorial authority may,—

  2. in the case of a development contribution required under section 198(1)(a),—
    1. withhold a certificate under section 224(c) of the Resource Management Act 1991:
      1. prevent the commencement of a resource consent under the Resource Management Act 1991:
      2. in the case of a development contribution required under section 198(1)(b), withhold a code compliance certificate under section 95 of the Building Act 2004:
        1. in the case of a development contribution required under section 198(4A), withhold a certificate of acceptance under section 99 of the Building Act 2004:
          1. in the case of a development contribution required under section 198(1)(c), withhold a service connection to the development:
            1. in each case, register the development contribution under subpart 5 of Part 3 of the Land Transfer Act 2017, as a charge on the title of the land in respect of which the development contribution was required.

              1. Subsection (3) applies if Kāinga Ora–Homes and Communities is responsible for granting the consent, authorisation, or certificate to which an action described in any of paragraphs (a) to (c) of subsection (1) relates.

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

              Notes
              • Section 208(1)(a)(i): 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 208(1)(a)(ii): 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 208(1)(b): amended, on , by section 414 of the Building Act 2004 (2004 No 72).
              • Section 208(1)(ba): inserted, on , by section 63 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
              • Section 208(1)(d): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
              • Section 208(2): inserted, on , by section 300 of the Urban Development Act 2020 (2020 No 42).
              • Section 208(3): inserted, on , by section 300 of the Urban Development Act 2020 (2020 No 42).