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Local Government Act 2002

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

199D: Scope of development contribution objections

You could also call this:

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

You can object to a development contribution required by a territorial authority if you think they have made a mistake. You can only object on these grounds:

The authority didn’t properly consider features of your development that would significantly reduce its impact on community facilities, either on its own or together with other developments.
The authority asked you to contribute to community facilities that your development doesn’t need or isn’t related to, either on its own or with other developments.
The authority broke the rules in section 200 when they asked for a contribution.
The authority didn’t apply their development contributions policy correctly to your development.

Remember, you can only object based on these reasons. If you think the authority has made one of these mistakes, you can make an objection under section 199C.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6235403.

Topics:

Government and voting > Local councils

Money and consumer rights > Consumer protection

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

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

199E: Procedure for development contribution objections, or

“How to complain if you don't agree with a development fee”

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

199DScope of development contribution objections

An objection under section 199C may be made only on the ground that a territorial authority has—
failed to properly take into account features of the objector's development that, on their own or cumulatively with those of other developments, would substantially reduce the impact of the development on requirements for community facilities in the territorial authority's district or parts of that district; or
required a development contribution for community facilities not required by, or related to, the objector’s development, whether on its own or cumulatively with other developments; or
required a development contribution in breach of section 200; or
incorrectly applied its development contributions policy to the objector’s development.

Notes

Section 199D: inserted (with effect on 1 July 2014), on 7 August 2014, by section 55 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).