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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

199A: Right to reconsideration of requirement for development contribution

You could also call this:

“You can ask the council to check if you really need to pay for development”

If you are asked to pay a development contribution by your local council, you have the right to ask them to reconsider this requirement. You can do this if you think:

  1. The council made a mistake when they worked out how much you need to pay.
  2. The council didn’t follow their own rules properly when deciding you need to pay.
  3. The information the council used to decide you need to pay was wrong or not complete.

To ask for a reconsideration, you need to follow the steps set out in the council’s development contributions policy. You must ask for a reconsideration within 10 working days of when the council tells you how much you need to pay.

It’s important to know that you can’t ask for a reconsideration if you have already objected to the requirement under section 199C and Schedule 13A of the Local Government Act.

The council has rules about how they will handle your request for reconsideration. These rules are part of their development contributions policy, which you can find in section 202A(2) of the Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6240165.

Topics:
Government and voting > Local councils
Housing and property > Land use
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199: Basis on which development contributions may be required, or

“When and why you might have to pay extra money to the council for building or changing your property”

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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”

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

199ARight to reconsideration of requirement for development contribution

  1. If a person is required by a territorial authority to make a development contribution under section 198, the person may request the territorial authority to reconsider the requirement if the person has grounds to believe that—

  2. the development contribution was incorrectly calculated or assessed under the territorial authority’s development contributions policy; or
    1. the territorial authority incorrectly applied its development contributions policy; or
      1. the information used to assess the person’s development against the development contributions policy, or the way the territorial authority has recorded or used it when requiring a development contribution, was incomplete or contained errors.

        1. A request for a reconsideration must be lodged and decided according to the procedure set out in a development contributions policy under section 202A(2).

        2. A request for a reconsideration must be made within 10 working days after the date on which the person lodging the request receives notice from the territorial authority of the level of development contribution that the territorial authority requires.

        3. A person may not apply for a reconsideration of a requirement if the person has already lodged an objection to that requirement under section 199C and Schedule 13A.

        Notes
        • Section 199A: inserted, on , by section 55 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).