Plain language law

New Zealand law explained for everyone

Local Government Act 2002

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

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

You could also call this:

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

When you pay money for a specific reserve purpose as part of a development contribution, the local council must give you your money back if they don’t use it for that purpose within 10 years. They might have a different time period written in their policy, so it’s good to check that.

If you gave land instead of money for a reserve, and the council doesn’t use it for the agreed purpose within 10 years, they have to give the land back to you. Sometimes, you and the council might agree on a different time period for this.

The council can keep some of the money or land to cover their costs of giving it back to you. This means you might not get back exactly what you gave, but most of it should be returned.

Remember, these rules are there to make sure the council uses your contribution for what they said they would, or gives it back if they don’t.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173855.

Topics:
Government and voting > Local councils
Housing and property > Land use
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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”

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211: Application of other Acts, or

“This law works with other laws about buildings and managing resources”

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

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

  1. If a development contribution has been required for a specified reserve purpose, a territorial authority must—

  2. refund money received for that purpose, if the money is not applied to that purpose within 10 years after the authority receives the money or other period specified in the development contribution policy; or
    1. return land acquired for the specified reserve purpose, if the authority does not use the land for that purpose within 10 years after the authority acquires the land or other period agreed by the territorial authority and the person who paid the development contribution.

      1. A territorial authority may retain part of the money or land referred to in subsection (1) of a value equivalent to the costs of the authority in refunding the money or returning the land.