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:

"Council can ask you to pay a development contribution for your building project"

If a territorial authority thinks you need to pay a development contribution under the Local Government Act 2002, they will issue a notice. This notice says you must pay the development contribution before they give you a code compliance certificate for your building work. You will get this notice with your project information memorandum or from the building consent authority. If you are building a small stand-alone dwelling, the territorial authority will issue a development contribution notice if they think you need to pay a development contribution. This notice must be in a certain form and say you need to pay the development contribution within 20 working days after the building work is finished. The notice will be attached to your project information memorandum or given to the building consent authority. The development contribution notice must be attached to your project information memorandum or given to the building consent authority if you do not have a project information memorandum. You will know what to do with the notice because it will tell you. The territorial authority will make sure you get the notice when you need it.

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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.

This page was last updated on 5 February 2026 — View changes

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35A: Additional information to be supplied in certain circumstances, or

"Extra information you get when building a small house without consent"

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

"Council must give you a certificate if you need resource consent for your building work"

Part 2Building
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).
Subsection (2) does not apply in the case of a project information memorandum for building work in connection with a non-consented small stand-alone dwelling, but if an application is made for a project information memorandum for building work in connection with a small stand-alone dwelling of that kind and the territorial authority considers that a development contribution under the Local Government Act 2002 is payable by the owner, the territorial authority must issue a development contribution notice—
in the prescribed form; and
stating that the development contribution is required to be paid by the owner within 20 working days after the completion of the building work (as described in section 42B(6)).

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).
Section 36(2A): inserted, on 15 January 2026, by section 12 of the Building and Construction (Small Stand-alone Dwellings) Amendment Act 2025 (2025 No 59).