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Local Government (Auckland Council) Act 2009

Miscellaneous - Development contributions

100: Development contributions for transport infrastructure

You could also call this:

"Auckland Council can ask you to help pay for new roads or transport when you build something new"

Illustration for Local Government (Auckland Council) Act 2009

The Auckland Council can ask for development contributions to help pay for transport infrastructure. This means you might have to pay a contribution if you are doing something that needs a new road or transport system. The Council can include this requirement in a policy under section 106 of the Local Government Act 2002.

The Council can only ask for this contribution if the transport project is something they could normally pay for themselves. They can treat the contribution as if they were paying for the whole project, and as if they were doing the work themselves.

If the Council asks for a development contribution, Subpart 5 of Part 8 of the Local Government Act 2002 applies to the contribution, with any necessary changes. This section overrides anything that might say something different in the Local Government Act 2002.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3338687.

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Part 8Miscellaneous
Development contributions

100Development contributions for transport infrastructure

  1. The Council may include in a policy under section 106 of the Local Government Act 2002 a requirement for development contributions to fund the Council’s contribution to the total cost of capital expenditure by Auckland Transport.

  2. Subsection (1) applies only if the capital expenditure is capital expenditure that could be funded by development contributions if it were incurred by the Council itself.

  3. The Council may include the requirement as if—

  4. the total cost of the contribution provided by the Council were the total cost of the capital expenditure; and
    1. the capital expenditure were to be undertaken by the Council.

      1. Subpart 5 of Part 8 of the Local Government Act 2002 applies, with any necessary modifications, to development contributions authorised by subsection (1).

      2. This section applies despite anything to the contrary in the Local Government Act 2002.

      Notes
      • Section 100: added, on , by section 31 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).