(1) A territorial authority must refund or return to the consent holder or to his or her personal representative a development contribution paid or land set aside under this subpart if—
(a) the resource consent—
(i) lapses under section 125 of the Resource Management Act 1991; or
(ii) is surrendered under section 138 of that Act; or
(b) the building consent lapses under section 52 of the Building Act 2004; or
(c) the development or building in respect of which the resource consent or building consent was granted does not proceed; or
(d) the territorial authority does not provide the reserve, network infrastructure, or community infrastructure for which the development contribution was required.
(2) A territorial authority may retain any portion of a development contribution or land referred to in subsection (1) of a value equivalent to the costs incurred by the territorial authority in relation to the development or building and its discontinuance.
Section 209(1)(b): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).