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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Powers of local authorities to make bylaws - Power of local authorities to prescribe fees

150A: Costs of development contribution objections

You could also call this:

“Who pays when you complain about having to pay for new buildings in your area?”

When you object to a development contribution that a council asks you to make, the council can make you pay for the costs of dealing with your objection. These costs include hiring people to look at your objection, doing paperwork, and setting up a meeting to talk about it.

The council can choose not to make you pay these costs if they want to. They can also decide to make you pay only some of the costs.

If the council wants you to pay for the costs of your objection, they can use section 252 of the law to get the money from you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6239537.

Topics:
Government and voting > Local councils
Housing and property > Land use
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150: Fees may be prescribed by bylaw, or

“Local councils can set fees for certain services, but there are rules about how they do it”

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150B: Local boards may propose bylaw, or

“Local groups can suggest new rules for their area”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Powers of local authorities to make bylaws: Power of local authorities to prescribe fees

150ACosts of development contribution objections

  1. If a person objects to a territorial authority's requirement that a development contribution be made, the territorial authority may recover from the person its actual and reasonable costs in respect of the objection.

  2. The costs that the territorial authority may recover under this section are the costs incurred by it in respect of—

  3. the selection, engagement, and employment of the development contributions commissioners; and
    1. the secretarial and administrative support of the objection process; and
      1. preparing for, organising, and holding the hearing.

        1. A territorial authority may, in any particular case and in its absolute discretion, waive or remit the whole or any part of any costs that would otherwise be payable under this section.

        2. A territorial authority's actual and reasonable costs in respect of objections are recoverable under section 252.

        Notes
        • Section 150A: inserted, on , by section 47 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).