Draft 2010 Development Contributions Policy [March 2010]

The Auckland City Council notifies its draft 2010 Development Contributions Policy - submission period closes 19 March 2010

The Auckland City Council has notified its draft 2010 Development Contributions Policy for consultation under the Local Government Act 2002.

The Auckland City Council is proposing to make the following changes to its current 2009 Policy:

• Increase the per-unit charges by less than 3%
• Introduce an "apartment" dwelling type with a lower charge than standard household units
• Provide for a programmed 2.8% increase in per-unit charges from 1 July 2011
• Include a series of maps showing the areas affected by the Policy and the activity charges applying to each area

The Auckland City Council is taking submissions on the draft 2010 Policy until 19 March 2010. Making a submission is the only opportunity for having any input into the draft 2010 Policy as development contributions policies under the Local Government Act 20002 cannot be challenged on their merits in the Environment Court. Submitters on the draft 2010 Policy will have the opportunity to verbally present their submissions (and any evidence) at hearings on 30 March 2010.

This 2010 Policy adopted by the Auckland City Council will be the development contributions policy for the Auckland City area under the new Auckland Council from 1 November 2010 until the Auckland Council adopts a single policy for the entire Auckland Region which could be as late as 30 June 2012. The transition process for development contributions policies from the existing councils to the Auckland Council is set out in clause 89 the Local Government (Auckland Law Reform) Bill as follows:

(1) This section applies to the development contributions policies [existing at 30 October 2010]...

(2) Each [existing] policy forms part of the development contributions policy of the Auckland Council.

(3) Each policy may be implemented within the former district of the existing local authority that adopted it.

(4) Each policy must be amended to omit all provision for water and wastewater infrastructure, in accordance with the following procedure:

     (a) the amendment may be made by resolution of the governing body of the Auckland Council
     (b) the amendment is not required to be made as described in section 102(6) of the Local Government Act 2002:
     (c) the amendment must have effect from 1 July 2011.

(5) Each policy may be amended by the Auckland Council under section 102(6) of the Local Government Act 2002 at any time.

(6) Each policy must be replaced by the Auckland Council with a single policy under section 106 of the Local Government Act 2002 no later than 30 June 2012.

If you would like to find out more about the Auckland City Council's draft 2010 Policy or make a submission to the Auckland City Council, please contact Malcolm Maclean or Vicki Toan of our resource management and local government law team.

View Malcolm Maclean Profile

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