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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

199M: Residual powers of territorial authority relating to development contribution objection decision

You could also call this:

“What a council can do after someone else decides about a building fee”

This section talks about what a territorial authority can and can’t do after a development contributions commissioner makes a decision.

When a development contributions commissioner makes a decision, the territorial authority still has all its usual powers and responsibilities about the development contribution. It’s as if the territorial authority made the decision themselves.

However, the territorial authority can’t change or overturn the commissioner’s decision. They have to follow what the commissioner decided.

But, if the territorial authority thinks the commissioner’s decision was wrong, they can ask a court to review it. This is called a judicial review.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6235405.

Topics:

Government and voting > Local councils

Housing and property > Home safety and repairs

199L: Liability of development contributions commissioners, or

“Development contributions commissioners are protected from mistakes if they try their best”

199N: Objector’s right to apply for judicial review unaffected, or

“You can still ask a court to check a decision even after objecting to a development fee”

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

199MResidual powers of territorial authority relating to development contribution objection decision

This section applies to a decision of a development contributions commissioner.
The territorial authority affected by the decision retains all the functions, duties, responsibilities, and powers of a territorial authority in relation to the requirement for the development contribution that is the subject of the decision as if the decision had been made by the territorial authority.
Subsection (2) does not confer on a territorial authority the power to change, amend, or overturn a decision made by a development contributions commissioner.
However, nothing in subsection (3) affects a territorial authority's right to apply for judicial review of a decision made by a development contributions commissioner.

Notes

Section 199M: 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).