Local Government (Auckland Transitional Provisions) Bill

120 Development contributions owed or required by Franklin District Council and not transferred to Auckland Council Franklin District Council development contributions not transferred to Auckland Council

• (1) This section applies to development contributions under subpart 5 of Part 8 of the Local Government Act 2002.

  (2) Where Hauraki district or Waikato district gains territory from the former Franklin district District or Waikato District gains territory from the former Franklin District in accordance with the boundary adjustment Order, any development contributions owing to or required by the former Franklin District Council in respect of that territory are owed to or required by the Hauraki District Council or the Waikato District Council, as the case may be.

  (3) Any subsequent obligation under section 209 or 210 of the Local Government Act 2002 to refund a development contribution made or paid to the former Franklin District Council in respect of the territory to which subsection (2) applies becomes an obligation of the Hauraki District Council or the Waikato District Council, as the case may be.

  (4) In this section, Order means the Order in Council—

  • (a) made under section 35 of the Local Government (Auckland Council) Act 2009; and

  • (b) giving effect to the Local Government Commission's determination of the boundaries of Auckland in accordance with section 33 of that Act; and

  • (c) published in the Gazette (2010, p 858).