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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Development contributions - Refund of development contributions

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

You could also call this:

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

If you pay money or give land to the council for a development, you can get it back in certain situations. This is called a refund.

You can get a refund if:

Your resource consent expires because you didn’t use it in time. This happens under section 125 of the Resource Management Act 1991.

You give up your resource consent. This is called surrendering and is done under section 138 of the Resource Management Act 1991.

Your building consent expires because you didn’t start the work in time. This happens under section 52 of the Building Act 2004.

You decide not to go ahead with your development or building project.

The council doesn’t provide the things they said they would, like parks, roads, or community buildings, which you paid for.

The council can keep some of your money or land to cover any costs they had because of your development or building project and its cancellation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173853.

Topics:
Housing and property > Buying and selling homes
Housing and property > Land use
Government and voting > Local councils
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208: Powers of territorial authority if development contributions not paid or made, or

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

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210: Refund of money or return of land if not applied to specified reserve purposes, or

“Giving back money or land if not used for planned parks or reserves”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Development contributions: Refund of development contributions

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

  1. A territorial authority must refund or return to the consent holder or to his or her personal representative a development contribution paid or land set aside under this subpart if—

  2. the resource consent—
    1. lapses under section 125 of the Resource Management Act 1991; or
      1. is surrendered under section 138 of that Act; or
      2. the building consent lapses under section 52 of the Building Act 2004; or
        1. the development or building in respect of which the resource consent or building consent was granted does not proceed; or
          1. the territorial authority does not provide the reserve, network infrastructure, or community infrastructure for which the development contribution was required.

            1. A territorial authority may retain any portion of a development contribution or land referred to in subsection (1) of a value equivalent to the costs incurred by the territorial authority in relation to the development or building and its discontinuance.

            Notes
            • Section 209(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 209(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 209(1)(b): amended, on , by section 414 of the Building Act 2004 (2004 No 72).