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New Zealand law explained for everyone

Local Government Act 2002

Savings

Schedule 13A: Procedure relating to development contribution objections

You could also call this:

“How you can question a charge for building or development in your area”

You have the right to object to a development contribution within 15 working days of receiving notice from your local council. To do this, you need to write to the council explaining why you object, what outcome you want, and if you want to speak at a hearing.

If you object, the council will choose up to 3 independent commissioners to look at your case. These commissioners will set a date for you and the council to share evidence. They might hold a hearing where you can explain your objection, or they might just look at the written information.

After considering everything, the commissioners will make a decision. They can agree with you fully or partly, or they can agree with the council. They’ll explain their decision in writing and send it to you, the council, and the government. The commissioners can’t change the council’s policy, but they can say what they think about it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6235506.

Topics:
Government and voting > Local councils
Housing and property > Land use
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13AProcedure relating to development contribution objections Empowered by ss 199E, 199I

1General provisions

1Lodgement of objection

  1. A person exercises the right under section 199C to lodge a development contribution objection by serving notice of the objection on the territorial authority within 15 working days after the date on which the person received notice from the territorial authority of the level of development contribution that the territorial authority requires.

  2. However, if a person has received notice of the outcome of a reconsideration under section 199B, the 15-working-day period in subclause (1) begins on the day after the date on which the person receives the notice of the outcome.

  3. The notice of objection under subclause (1) must—

  4. be in writing; and
    1. set out the grounds and reasons for the objection; and
      1. state the relief sought; and
        1. state whether the objector wishes to be heard on the objection.

          1. A territorial authority may, in its discretion, allow an objection to be served on it after the 15-working-day period specified in subclause (1) or (2), as the case may be, if satisfied that exceptional circumstances exist.

          2Withdrawal of objection

          1. A person who has served notice of an objection in accordance with clause 1 may, at any time, withdraw the objection by serving notice of the withdrawal on the territorial authority and any development contributions commissioner appointed to decide the objection.

          2. The withdrawal of an objection under subclause (1) does not affect the right of the territorial authority to recover any actual and reasonable costs in respect of the objection under section 150A.

          3. The withdrawal of an objection under subclause (1) does not affect the right of the person to lodge another objection, whether on the same or different grounds, under clause 1 within the periods specified in that clause.

          3Selection of development contributions commissioners

          1. A territorial authority that has received an objection under clause 1 must, as soon as practicable after receiving the objection, select not more than 3 development contributions commissioners to decide the objection.

          2. The development contributions commissioners must—

          3. be selected from persons named in a register of commissioners appointed by the Minister under section 199F or be selected in accordance with section 199H(2); and
            1. not be elected members or employees of the territorial authority whose development contribution requirement is the subject of the objection; and
              1. not be board members, shareholders, owners, employees, or contractors of the objector; and
                1. in the opinion of the territorial authority, individually or collectively have the skills, knowledge, and experience necessary to—
                  1. conduct a fair and appropriate hearing; and
                    1. understand and determine the principal matters in contention.

                    2. If the territorial authority proposes to select more than 1 commissioner, it must appoint one of them as the chairperson.

                    4Development contributions commissioners to set date for exchange of evidence

                    1. Development contributions commissioners who have been selected to decide an objection must give the parties notice of the date by which briefs of evidence relating to the objection must be exchanged.

                    2. The briefs of evidence, and any additional or amended evidence, must be exchanged not later than 10 working days before—

                    3. the commencement of a hearing under clause 6; or
                      1. if there is no hearing, a date fixed by the commissioners.

                        1. Copies of the statements of evidence referred to in a brief of evidence must be provided to—

                        2. each development contributions commissioner appointed to decide the objection; and
                          1. the territorial authority; and
                            1. the objector.

                              5Obligation to hold hearing

                              1. A hearing on an objection need not be held if—

                              2. the objector has—
                                1. indicated that the objector does not wish to be heard; or
                                  1. otherwise agreed that no hearing is required; or
                                  2. the development contributions commissioners who will hear and decide the objection are satisfied, having regard to the nature of the objection and the evidence already provided, that they are able to determine the objection without a hearing.

                                    6Hearing date and notice

                                    1. If a hearing on an objection is to be held, the development contributions commissioners must fix the date, time, and place of the hearing.

                                    2. Notice of a hearing must be served on the territorial authority and the objector at least 10 working days before the date on which the hearing commences.

                                    7Replies to briefs of evidence where no hearing is held

                                    1. Where no hearing is to be held, a development contributions commissioner may direct that the territorial authority and the objector provide written replies to each other’s evidence and provide copies of those replies to the commissioners.

                                    2. A direction made under subclause (1) must specify the period within which the written replies must be served on—

                                    3. the development contributions commissioners; and
                                      1. the territorial authority; and
                                        1. the objector.

                                          8Development contribution objection hearings

                                          1. If a hearing is required, it must be held on the date and at the time and place specified in the notice given under clause 6.

                                          2. The development contributions commissioners must establish a procedure that is appropriate and fair in the circumstances and that—

                                          3. avoids unnecessary formality; and
                                            1. recognises tikanga Māori where appropriate.

                                              1. A hearing under this clause need not be held in public.

                                              9Decisions on objections

                                              1. Development contributions commissioners must give a decision on an objection in writing, whether or not a hearing is held.

                                              2. A decision on an objection must—

                                              3. uphold all or part of the objection; or
                                                1. dismiss all or part of the objection.

                                                  1. A decision may quash, or direct that amendments be made to, the requirement for a development contribution.

                                                  2. A decision must be given in writing and state—

                                                  3. the reasons for the decision; and
                                                    1. a summary of the issues that were in contention; and
                                                      1. the relevant provisions of the development contributions policy of the territorial authority that required the development contribution; and
                                                        1. a summary of the evidence presented.

                                                          1. In their decision on an objection, the development contributions commissioners must not direct the amendment of a development contributions policy, but may make observations on the policy.

                                                          10Service of development contribution objection decision

                                                          1. Written copies of the development contributions commissioners' decision under clause 9 must be served on—

                                                          2. the objector; and
                                                            1. the territorial authority that required the development contribution; and
                                                              1. the Secretary.

                                                                1. Service of the decision must be given within 15 working days after—

                                                                2. the end of the hearing; or
                                                                  1. if no hearing is held, the last day of the commissioners' consideration of the evidence.

                                                                    2Provisions supplementing section 199I

                                                                    11Development contributions commissioners' powers

                                                                    1. The commissioners conducting a hearing on an objection have the same powers that the District Court, in the exercise of its civil jurisdiction, has to conduct and maintain order.

                                                                    2. Sections 29 to 31 of the Inquiries Act 2013 apply to the hearing of an objection as if the hearing was an inquiry within the meaning of section 4 of that Act.

                                                                    Notes
                                                                    • Schedule 13A clause 11(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).

                                                                    12Power to summon witness

                                                                    1. A written summons may be issued requiring any person to attend at the time and place specified in the summons and to give evidence, and to produce any papers, documents, records, or things in that person's possession or under that person's control that are relevant to the subject of the hearing.

                                                                    2. A summons may be issued by a development contributions commissioner on his or her own initiative or on application.

                                                                    3. The commissioner who issues the summons must be—

                                                                    4. the chairperson; or
                                                                      1. any commissioner authorised by the chairperson; or
                                                                        1. if there is no chairperson, any commissioner participating in the hearing or consideration of the objection.

                                                                          1. A commissioner who may issue a summons may do any other act preliminary or incidental to the hearing or consideration of the objection.

                                                                          13Service of summons

                                                                          1. A summons to a witness may be served—

                                                                          2. by delivering it to the person summoned; or
                                                                            1. by posting it by registered letter addressed to the person summoned at that person's usual place of abode.

                                                                              1. The summons must,—

                                                                              2. if served under subclause (1)(a), be served at least 24 hours before the attendance of the witness is required:
                                                                                1. if served under subclause (1)(b), be served at least 10 days before the date on which the attendance of the witness is required.

                                                                                  1. If the summons is posted by registered letter, it must be treated for the purposes of subclause (2)(b) to have been served at the time when the letter would be delivered in the ordinary course of post.

                                                                                  14Service of notices

                                                                                  1. Where a notice or other document is to be served on a person for the purpose of section 199I or this schedule, it may be given—

                                                                                  2. by delivering it personally to the person; or
                                                                                    1. by delivering it at the usual or last known place of residence or business of that person, including by fax or by electronic mail; or
                                                                                      1. by sending it by prepaid post addressed to the person at the usual or last known place of residence or business of the person.

                                                                                        1. Where a notice or document is to be served on a corporation for the purposes of section 199I or this schedule, service on an officer of the corporation, or on the registered office of the corporation, in accordance with subclause (1) is deemed to be service on the corporation.

                                                                                        2. Where a notice or document is to be served on a partnership for the purposes of section 199I or this schedule, service on any one of the partners in accordance with subclause (1) or (2) is deemed to be service on the partnership.

                                                                                        3. Where a notice or document is sent by post to a person in accordance with subclause (1)(c), the notice or document is deemed, in the absence of proof to the contrary, to have been given on the third day after the day on which it was posted.

                                                                                        15Evidence

                                                                                        1. The development contributions commissioners may, for the purposes of a hearing,—

                                                                                        2. receive any evidence that, in their opinion, may assist them to deal effectively with the development contribution objection, whether or not the evidence would be admissible in a court of law; and
                                                                                          1. take evidence on oath or affirmation, and for that purpose an oath or affirmation may be administered by any commissioner; and
                                                                                            1. permit a witness to give evidence by any means, including by written or electronic means, and require the witness to verify the evidence by oath or affirmation.

                                                                                              16Other immunities and privileges of participants

                                                                                              1. Witnesses and other persons participating in a hearing (other than counsel) have the same immunities and privileges as if they were appearing in civil proceedings and the provisions of subpart 8 of Part 2 of the Evidence Act 2006 apply to the inquiry, to the extent that they are relevant, as if—

                                                                                              2. the hearing were a civil proceeding; and
                                                                                                1. every reference to a Judge were a reference to a commissioner.

                                                                                                  1. Counsel appearing at a hearing have the same immunities and privileges as they would have if appearing before a court.