2009 Development Contributions Policy

Refunds Arising from Review of Earlier Policies

Refunds UPDATE July 2009

Council have reached agreement with the developer group who took the council to court over its 2004 Development Contributions Policy. More

Given the large number of assessments affected by these changes (6,500+), we estimate that it will take 4 to 6 months to calculate all refunds. You will not need to contact us to apply for a reassessment as we will contact people.

It is possible that the changes may result in a reduction in your assessed Development Contribution. If that is the case, we will make a refund where the development contribution has been paid, or issue a revised assessment if the development contribution has not been paid.

We are unable to confirm at this point in time the actual value or timing of the refund, if any, for any individual assessment.

We have received legal advice which confirms that the High Court's judgment last year does not affect the obligation to pay Development Contributions required under existing or future assessments, or the council's ability to enforce payment of Development Contributions.

Despite finding some errors of law in the 2004 Development Contributions Policy the Court did not quash the policy, and both that policy and the 2006 policy continue in force as amended by the 2009 Development Contributions Policy.

To find out where the review work on your assessment for refund has progressed in the refund calculation process - use our Refund Status Enquiry Tool.

We are currently processing the reassessments and refunds for any assessments under the original 2004 and original 2006 policies. Due to the high workload from this you may experience delays in response to your query. A more efficient way of contacting us is by email at DCAdmins@northshorecity.govt.nz