Reconsideration, objections and refunds

The development contributions policy sets out how we approach requests for reconsideration, objections and refunds in more detail.

Reconsideration

You can ask the council to reconsider our assessment of the development contribution that needs to be paid if you think:

  • the development contribution was incorrectly calculated or assessed under the council’s development contributions policy
  • the council incorrectly applied its development contributions policy; or
  • the information used to assess the development against the development contributions policy, or the way the council has recorded or used it when requiring a development contribution, was incomplete or contained errors.

All requests for consideration should be sent to planning@whanganui.govt.nz

A request for consideration must be made in writing within 10 working days after the date you receive notice from the council of the level of development contribution required. A reconsideration fee is required at the time of application, as set out in the council’s Schedule of Fees and Charges.

The council will give you written notice of the outcome of its consideration within 15 working days after the date on which it receives all required relevant information relating to the request.

You can’t apply for reconsideration of a development contribution if you have already made an objection to the requirement for a development. However, you can object to the outcome of the reconsideration (see below for information on how to make an objection).

Objections

The grounds and process for objecting to a development contribution is set out in legislation and the council must use this process. (See Schedule 13A of the Local Government Act 2002).

Grounds for objecting

An objection to a development contribution requirement may be made on the grounds that the council has:

  • failed to properly take into account features of your development that (on their own or cumulatively with those of other developments) would substantially reduce the impact of the development contribution on requirements for community facilities
  • required a development contribution for community facilities not required by, or related to your development, whether on its own or cumulatively with other developments
  • required a development contribution in breach of section 200 of the Local Government Act (2002), or
  • incorrectly applied its development contributions policy to the development.

The right of objection does not apply to challenges to the content of the development contributions policy.

You can make an objection irrespective of whether or not a request for reconsideration of the development contributions requirement has been made.

Lodging an objection

You must lodge an objection within 15 working days after:

  • the date you received notice of the level of development contribution required; or
  • the date you received notice of the outcome of a reconsideration under section 199B of the Local Government Act (2002).

The notice of objection under Schedule 13A(1) of the Local Government Act 2002 must be in writing and:

  • set out the grounds and reasons for the objection
  • describe the relief sought
  • state whether you wish to be heard on the objection.

All objections should be sent to planning@whanganui.govt.nz

Decisions and costs

All objections are considered and decided by a development contributions commissioner(s). The commissioner(s) are selected by the council from those named in the approved register.

In accordance with section 150A of the Local Government Act 2002 the objector must pay the cost for services of a development contributions commissioner(s), the hearing and administration support and any applicable fees and allowances of witnesses for witnesses that appear on its behalf at a development contribution hearing.

Refunds

Refunds will be made in accordance with sections 209 and 210 of the Local Government Act 2002 and will apply where:

  • resource consents lapse or are surrendered
  • building consents lapse or are cancelled
  • the development or building does not go ahead. The council will refund you when it confirms your notification that the development will not proceed
  • the council has not spent the money on the network or community infrastructure or benefit for which the development contribution was required. Under Section 210(1)(a) of the Local Government Act 2002, the council will refund a development contribution taken for a specified reserve purpose if the money is not applied to that purpose within 20 years. The council will provide the refund at the time it makes the decision not to go ahead with the infrastructure spend
  • an overpayment has been made (for whatever reason)

The development contribution will be refunded to the consent holder or to their representative, minus any administration fees. Administration fees will not be charged where the council has decided not to spend the money on the specified purpose.

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