Reconsiderations or objections
The process to apply for a reconsideration of a development contribution assessment is set out below.
How a reconsideration request is lodged
Please complete the reconsideration request form.
The Reconsideration Request must be made:
- Within 10 working days after the date on which the person lodging the request receives notice from the Council of the level of development contribution the Council requires; and
- By completing the form and sending it with any relevant supporting information by email to firstname.lastname@example.org, or posting it to Manawatu District Council.
If further relevant information is required from the you before we can make a decision, a further information request will be sent in writing to you as soon as possible after the reconsideration request is received.
No reconsideration request will be accepted by Council if it is received after the 10 working day period above, or if an objection has been lodged under section 199A of the LGA. You will receive written notice if the request for reconsideration cannot be made for one of these reasons. The Council reserves the right to reconsider an assessment if it believes an error has been made.
Steps in the reconsideration process
Section 199A of the LGA provides that a request for reconsideration may only be made on the following grounds:
- The development contribution was incorrectly calculated or assessed under the Council’s Development Contributions Policy; or
- 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.
If the Reconsideration Request meets one or more of the ground(s) for reconsideration the Council will reconsider its development contributions assessment, and give written notice of the outcome of the reconsideration within 15 working days after the date all relevant information required by the Council (including any information the Council has requested under a Further Information Request) is received.
A new formal objections process has been introduced under which a person who has been required to pay a development contribution can object to the assessed amount of the development contribution.
Objections will be decided by development contributions commissioner/s selected by Council from a register of commissioners appointed by the Minister of Local Government.
Under section 199D an objection can only be made on the grounds that a Council:
- Failed to take into account features of a development that, on their own or cumulatively with other developments, would substantially reduce the impact of the development on requirements for community facilities;
- Required a development contribution for community facilities not required by, or related to, the objector’s development;
- Was in breach of section 200 (limitations applying to requirement for development contribution); or
- Incorrectly applied its developments contributions policy to the development.
Objections are lodged with the Council which is then responsible for administering the objections process and selecting and supporting the development contributions commissioners.
It should be noted that the Council has the ability to recover costs incurred by it from the objector, including the costs of:
- Selecting, engaging, and employing development contributions commissioners;
- Secretarial and administrative support of the objection process; and
- Preparing for, organising and holding the hearing.
If you wish to lodge an objection, please complete the application for objection form and send it with any relevant supporting information by email to: email@example.com, or post it to Manawatu District Council.
Further information on these processes, including a series of factsheets can be found on the Department of Internal Affairs website.
For more information please email firstname.lastname@example.org or call us on 06 323 0000.