Contributions may be required by territorial authorities

198 Power to require contributions for developments

(1)

A territorial authority may require a development contribution to be made to the territorial authority when

(a)

a resource consent is granted under the Resource Management Act 1991 for a development within its district:

(b)

a building consent is granted under the Building Act 2004 for building work situated in its district (whether by the territorial authority or a building consent authority):

(c)

an authorisation for a service connection is granted.

(2)

A territorial authority may only require the development contribution as provided for in a policy adopted under section 102(1) that is consistent with section 201.

(2A)

For the purposes of subsection (2), a development contribution must be consistent with the content of the policy adopted under section 102(1) that was in force at the time that the application for a resource consent, building consent, or service connection was submitted, accompanied by all required information.

(3)

A requirement for a development contribution under subsection (1)(a) or (1)(b) is not—

(a)

a condition of a resource consent that gives rise to any right of objection or appeal; or

(b)

as the case may be, a matter that gives rise to any right to apply to the chief executive for a determination under the Building Act 2004.

(4)

Subsection (3) is for the avoidance of doubt.

(4A)

If a development contribution policy provides for a development contribution under subsection (1)(b), the territorial authority may require that development contribution to be made when granting a certificate of acceptance under section 98 of the Building Act 2004 if a development contribution would have been required had a building consent been granted for the building work in respect of which the certificate is granted.

(4B)

Subsection (4C) applies if Kāinga Ora–Homes and Communities is responsible for granting the consent, authorisation, or certificate referred to in subsection (1) or (4A).

(4C)

Kāinga Ora–Homes and Communities may, as appropriate and by agreement with the local authority, exercise the power under the relevant subsection on the local authority’s behalf.

(5)

In this section,—

building consent authority means a person whose name is entered in the register referred to in section 273(1)(a) of the Building Act 2004

chief executive has the meaning given to it in section 7 of the Building Act 2004.

Section 198(1): substituted, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 198(1): amended, on 28 June 2006, by section 23(1) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).

Section 198(1)(b): amended, on 28 June 2006, by section 23(2) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).

Section 198(2): amended, on 8 August 2014, by section 52(1) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 198(2): amended, on 27 November 2010, by section 49 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

Section 198(2A): inserted, on 8 August 2014, by section 52(2) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 198(3): substituted, on 28 June 2006, by section 23(3) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).

Section 198(4): added, on 28 June 2006, by section 23(3) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).

Section 198(4A): inserted, on 8 August 2014, by section 52(3) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 198(4B): inserted, on 7 August 2020, by section 300 of the Urban Development Act 2020 (2020 No 42).

Section 198(4C): inserted, on 7 August 2020, by section 300 of the Urban Development Act 2020 (2020 No 42).

Section 198(5): added, on 28 June 2006, by section 23(3) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).