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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

199H: Who may decide development contribution objections

You could also call this:

“People who can decide if you're right when you disagree with a building fee”

When you disagree with a development contribution, someone needs to decide if your objection is valid. Usually, this person is chosen from a list of approved development contributions commissioners. The local council picks this person based on rules in clause 3 of Schedule 13A.

Sometimes, your objection might be about something that needs special skills or knowledge. If none of the people on the approved list have these skills, the council can choose someone else. But they need to make sure this person is suitable and get approval from the Minister.

If the Minister approves this special person, they become a temporary development contributions commissioner. They only have this role for as long as it takes to decide on your objection.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6240169.

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

199HWho may decide development contribution objections

  1. Any person named in the register of approved development contributions commissioners and selected by a territorial authority in accordance with clause 3 of Schedule 13A to decide a development contribution objection may hear and decide the objection.

  2. A person who is not named in the register of approved development contributions commissioners may hear and decide a development contribution objection only if—

  3. the territorial authority is satisfied that—
    1. the objection relates to matters that require skills or knowledge that is not available from persons named in the register who are available to deal with the objection; and
      1. another suitable person with such skills or knowledge is available to deal with the objection; and
      2. the Minister approves the territorial authority's selection of that other person to decide the objection.

        1. A person approved by the Minister under subsection (2)(b) must be treated as a development contributions commissioner for the period necessary to enable the person to decide the relevant objection.

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