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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

199K: Additional powers of development contributions commissioners

You could also call this:

“Special helpers have extra tools to solve disagreements about building costs”

When you disagree with a development contribution, a special person called a development contributions commissioner can help sort things out. This commissioner has some extra powers to make sure everything runs smoothly.

The commissioner can decide the order of how things happen at a hearing. They can tell people when to speak and what evidence to show. They can also tell people to read their evidence or present it within a certain time. If something isn’t important to the disagreement, the commissioner can tell people not to talk about it.

Even if there isn’t a hearing, the commissioner can ask for written statements. These need to be given at least 10 working days before the hearing or before the commissioner starts looking at the disagreement.

If something unusual happens, the commissioner can give people more time to do things. They can change most of the time limits in the rules, except for one specific rule in Schedule 13A.

The commissioner can also stop people from sharing certain information if it’s really important. This might be to respect Māori customs, protect sacred places, or keep business secrets safe.

All these powers help the commissioner make fair decisions about development contributions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6240172.

Topics:
Government and voting > Local councils
Housing and property > Land use
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199J: Consideration of development contribution objection, or

“Special people look at why you don't want to pay for new buildings in your area”

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199L: Liability of development contributions commissioners, or

“Development contributions commissioners are protected from mistakes if they try their best”

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

199KAdditional powers of development contributions commissioners

  1. In addition to his or her powers under section 199I and Schedule 13A, a development contributions commissioner has, for the purposes of a development contribution objection hearing, the following powers:

  2. to direct the order of business at the hearing, including the order in which evidence is presented and parties heard:
    1. to direct that evidence presented at the hearing be taken as read or presented within a stated time limit:
      1. to direct that evidence be limited to the matters relevant to the dispute.

        1. Whether or not a hearing is held, a development contributions commissioner may direct that briefs of evidence be provided within a specified period ending not later than,—

        2. if a hearing is to be held, 10 working days before the hearing commences; or
          1. in any other case, 10 working days before the date on which the commissioner or commissioners intend to begin their consideration of the objection.

            1. A development contributions commissioner may waive or extend any period specified in this section or Schedule 13A (except the period specified in clause 1(1) of Schedule 13A) if satisfied that exceptional circumstances exist.

            2. A development contributions commissioner may, on his or her own initiative or on application from the objector or the territorial authority, make an order that prohibits the communication or publication of any information supplied to the commissioner, or obtained by the commissioner, in the course of deciding a development contribution objection, if satisfied that the order is necessary to avoid—

            3. serious offence to tikanga Māori or to avoid the disclosure of the location of wāhi tapu; or
              1. the disclosure of a trade secret or commercial information that, if released, would be prejudicial to the business or operations of any party to the objection.

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