Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Development contributions - Contributions may be required by territorial authorities

199C: Right to object to assessed amount of development contribution

You could also call this:

“You can challenge the money a council wants you to pay for building stuff”

You have the right to object to the amount of money a local council asks you to pay for development contributions. This is true even if you’ve already asked the council to reconsider the amount.

You can object for any of the reasons listed in section 199D. You can do this after the council tells you how much you need to pay, either in a special notice or in other official communication.

However, you can’t use this process to challenge the overall policy on development contributions. That policy is created following section 102 of the law.

Remember, this right to object is about the specific amount you’re being asked to pay, not about changing the rules for everyone.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6235402.

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

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199B: Territorial authority to notify outcome of reconsideration, or

“Council must tell you what they decided after looking at your request again”


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199D: Scope of development contribution objections, or

“What you can argue about when you think the council made a mistake asking you for money to build things in your neighbourhood”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Development contributions: Contributions may be required by territorial authorities

199CRight to object to assessed amount of development contribution

  1. A person may, on any ground set out in section 199D, object to the assessed amount of the development contribution that a territorial authority has required from the person under section 198, advised in—

  2. a notice given to the person for that purpose by the territorial authority; or
    1. if notice has not been given, such other formal advice of the requirement that the territorial authority has given to the person.
      1. The right of objection conferred by subsection (1) applies irrespective of whether a reconsideration of the requirement for a development contribution under section 199A has been requested.

      2. The right of objection conferred by this section does not apply to challenges to the content of a development contributions policy prepared in accordance with section 102.

      Notes
      • Section 199C: inserted (with effect on 1 July 2014), on , by section 55 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).