25 Nov 2014
BEAUMONT TRADING CO LTD v AUCKLAND COUNCIL [2014] NZHC 2954
- Citation
- [2014] NZHC 2954
- Court
- High Court
A territorial authority lawfully may levy development contributions at the time a subdivision consent is granted even if the physical construction predated that consent, because s198(1) requires the contribution to be required when a consent is granted "for" a development and s199 concerns demand generated by the development rather than an immediate temporal nexus; the Council's policy permits calculation on a subsequent application and the assessment was not irrational.