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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 a development project does not happen"

Illustration for Local Government Act 2002

If you paid a development contribution or set aside land for a project, you might get a refund. This happens if your resource consent lapses under section 125 of the Resource Management Act 1991 or is surrendered under section 138. You also get a refund if your building consent lapses under section 52 of the Building Act 2004. If you got a project information memorandum for a small stand-alone dwelling, you might get a refund too. This happens if the project information memorandum lapses (see section 34A of the Building Act 2004) or the project does not go ahead. The territorial authority must refund the development contribution if they do not provide the promised infrastructure. The territorial authority can keep some of the development contribution to cover their costs. They can do this if the project does not go ahead or the consent lapses. You will get the rest of the refund if the territorial authority keeps some of the contribution.

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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.

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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 8Regulatory, 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 must refund or return to the applicant for a project information memorandum for a non-consented small stand-alone dwelling, or to their personal representative, a development contribution paid or land set aside under this subpart if—

            2. the project information memorandum lapses (see section 34A of the Building Act 2004); or
              1. the development or building in respect of which the project information memorandum 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) or (1A), 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).
                  • Section 209(1A): inserted, on , by section 32(1) of the Building and Construction (Small Stand-alone Dwellings) Amendment Act 2025 (2025 No 59).
                  • Section 209(2): amended, on , by section 32(2) of the Building and Construction (Small Stand-alone Dwellings) Amendment Act 2025 (2025 No 59).