Local Government (Water Services) Act 2025

Provision of water services: operational matters - Development contributions - Objections

136: Costs of objections

You could also call this:

"Paying costs if you disagree with a water development contribution"

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If you object to the amount of a development contribution requirement under section 133, you may have to pay the water organisation's costs. The water organisation's costs include what they spend on selecting and employing development contributions commissioners, secretarial and administrative support, and preparing for and holding a hearing. You may have to pay these costs if your objection is not successful.

The water organisation can decide to waive or reduce the costs in some cases. If a territorial authority is handling the objections process for the water organisation under an agreement made under section 127 or section 128, the territorial authority can recover the costs on behalf of the water organisation.

The territorial authority can only recover costs as agreed in the agreement and must not try to recover costs that the water organisation has already recovered. Similarly, the water organisation must not try to recover costs that the territorial authority has already recovered.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004470.


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"How to object to a decision: a step-by-step guide"


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137: Use of development contributions by water organisation, or

"Water organisations must use development contributions to build new water services, not fix old ones."

Part 3Provision of water services: operational matters
Development contributions: Objections

136Costs of objections

  1. A person who objects under section 133 to the amount of a development contribution requirement is liable to pay the water organisation’s actual and reasonable costs in respect of the objection.

  2. The costs that the water organisation may recover under this section are the actual and reasonable costs incurred by it in respect of—

  3. the selection, engagement, and employment of the development contributions commissioners; and
    1. secretarial and administrative support for the objection process; and
      1. preparing for, organising, and holding the hearing.
        1. A water organisation may, in any particular case and in its absolute discretion, waive or remit the whole or any part of any costs that would otherwise be payable under this section.

        2. If a territorial authority administers the water organisation’s objections process under an agreement entered into under section 127 or 128, the territorial authority may recover the costs under this section on behalf of the water organisation.

        3. However,—

        4. the territorial authority’s ability to recover the costs applies only to the extent specified in the agreement; and
          1. the territorial authority must not recover, or attempt to recover, any costs from a person if the water organisation has already recovered those costs; and
            1. the water organisation must not recover, or attempt to recover, any costs from a person if the territorial authority has already recovered those costs.
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