Powers to recover unpaid development contributions

208 Powers of territorial authority if development contributions not paid or made

(1)

Until a development contribution required in relation to a development has been paid or made under section 198, a territorial authority may,—

(a)

in the case of a development contribution required under section 198(1)(a),—

(i)

withhold a certificate under section 224(c) of the Resource Management Act 1991:

(ii)

prevent the commencement of a resource consent under the Resource Management Act 1991:

(b)

in the case of a development contribution required under section 198(1)(b), withhold a code compliance certificate under section 95 of the Building Act 2004:

(ba)

in the case of a development contribution required under section 198(4A), withhold a certificate of acceptance under section 99 of the Building Act 2004:

(c)

in the case of a development contribution required under section 198(1)(c), withhold a service connection to the development:

(d)

in each case, register the development contribution under subpart 5 of Part 3 of the Land Transfer Act 2017, as a charge on the title of the land in respect of which the development contribution was required.

(2)

Subsection (3) applies if Kāinga Ora–Homes and Communities is responsible for granting the consent, authorisation, or certificate to which an action described in any of paragraphs (a) to (c) of subsection (1) relates.

(3)

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

Section 208(1)(b): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 208(1)(ba): inserted, on 8 August 2014, by section 63 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 208(1)(d): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 208(2): inserted, on 7 August 2020, by section 300 of the Urban Development Act 2020 (2020 No 42).

Section 208(3): inserted, on 7 August 2020, by section 300 of the Urban Development Act 2020 (2020 No 42).