21 Mar 2007
NEIL CONSTRUCTION LIMITED, CORNERSTONE GROUP LIMITED, LANDCO LIMITED, UNIVERSAL HOMES LIMITED, SYMPHONY PROJECTS LIMITED AND BAYSWATER APARTMENTS LIMITED V THE NORTH SHORE CITY COUNCIL HC AK CIV 2005-404-4690
- Citation
- openlaw-71ac6b87_9ff7_4c44_be31_b7743db37195.pdf
- Court
- High Court
Before a development contribution may be required the council must identify the project as a 'development' under s197 and establish a causal nexus under s199 (either alone or cumulatively) that it will cause capital expenditure; furthermore when selecting funding sources the council must, activity by activity, apply and weigh the s101(3) factors including distribution of benefits rather than adopting a blanket causation approach that excludes benefit distribution.