Plain language law

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Building Act 2004

Building - Building work—Project information memoranda and building consents - Project information memoranda

36: Territorial authority may issue development contribution notice

You could also call this:

“The city council can tell you that you might need to pay money to help build things in your area before they approve your building project.”

If you own a property, the local council (called a territorial authority) may decide that you need to pay a development contribution. This is a fee that helps cover the cost of things like roads and parks in your area.

If the council thinks you need to pay this fee, they will give you a special notice. This notice tells you that you won’t get a certificate saying your building work is finished and follows the rules (called a code compliance certificate) unless you pay the development contribution.

The council must give you this notice in a specific way. They will either attach it to a document that gives you information about your building project (called a project information memorandum), or they will give it to the people who check and approve building plans (called the building consent authority) if you haven’t asked for a project information memorandum.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306371.

Topics:

Housing and property > Home safety and repairs

Government and voting > Local councils

Environment and resources > Town planning

35: Content of project information memorandum, or

“This law explains what important details must be included in a document about a building project.”

37: Territorial authority must issue certificate if resource consent required, or

“The council must give you a special note if you need permission before you can start building.”

Part 2 Building
Building work—Project information memoranda and building consents: Project information memoranda

36Territorial authority may issue development contribution notice

This section applies if a territorial authority considers that a development contribution under the Local Government Act 2002 is payable by the owner.
The territorial authority must issue a notice, in the prescribed form, to the effect that a code compliance certificate for the building work will not be issued unless the development contribution is paid (development contribution notice).
The development contribution notice must be—
attached to the project information memorandum; or
if no project information memorandum has been applied for, provided to the building consent authority.

Notes

Section 36: replaced, on 1 February 2010, by section 12 of the Building Amendment Act 2009 (2009 No 25).