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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

199F: Appointment and register of development contributions commissioners

You could also call this:

“How the government chooses and lists experts to help with building fee disagreements”

The Minister must choose people who are good at deciding on development contribution objections. These people are called development contributions commissioners. The Minister keeps a list of these commissioners.

The Minister has to make sure the commissioners have skills in solving arguments and leading discussions. They also need to know about the topics that might come up in objections. The commissioners must understand Māori customs and traditions too.

The Minister can add more rules for picking commissioners. Before doing this or making the list, the Minister has to talk to people who might be involved in development contribution objections.

Commissioners can work for 3 years, but this time can be extended. They can keep working to finish any jobs they’ve started, even after their time is up.

When the Minister chooses new commissioners, they have to tell everyone by putting a notice in the Gazette, which is like a special government newspaper.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6240167.

Topics:
Government and voting > Local councils
Housing and property > Land use
Māori affairs > Treaty of Waitangi
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Part 8 Regulatory, enforcement, and coercive powers of local authorities
Development contributions: Contributions may be required by territorial authorities

199FAppointment and register of development contributions commissioners

  1. The Minister must appoint suitable persons as approved development contributions commissioners who are to decide development contribution objections.

  2. The Minister must compile and keep a register of approved development contributions commissioners.

  3. The Minister must ensure that the persons named in the register individually or collectively have—

  4. knowledge and experience in adjudication and mediation, including the conduct of hearings or inquiries; and
    1. knowledge, skills, and experience relevant to the subject matter likely to arise in an objection; and
      1. knowledge of tikanga Māori.

        1. The Minister may, by notice in the Gazette, specify additional criteria for the appointment of development contributions commissioners (being in addition to, but not inconsistent with, the criteria specified in subsection (3)).

        2. Before compiling the register or specifying additional appointment criteria, the Minister must consult persons that the Minister considers are representative of parties that are most likely to be participants in development contribution objections.

        3. The term of appointment for a development contributions commissioner on the register expires—

        4. 3 years after the date on which his or her appointment takes effect; or
          1. at the close of the term of his or her reappointment; or
            1. at the close of the extension of his or her term; or
              1. as soon after the completion of his or her term of appointment or reappointment as is necessary to enable him or her to complete any outstanding work, but not later than the notification of his or her final decision as a commissioner.

                1. The Minister must notify all appointments of approved development contributions commissioners in the Gazette.

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