Case Note: Everton Heights Ltd vs HCC
Author: Beth Ford, Associate, Tompkins Wake
Published: Resource Management Journal April 2023
The risk and cost of inadequate stormwater infrastructure has been painfully obvious following recent storm events. However, the question of who should pay for infrastructure is often a contentious matter between local authorities and the development community.
Greenfield developments can prove particularly contentious. They require extensive new infrastructure for the benefit of new households, and developers face high contributions for multiple units of demand. The time it takes to complete greenfield development can also mean successive development contributions policies (DCPs) may be engaged with, given that these are generally updated every 1-3 years. In this situation, a key question is which DCP should apply?
This was the question before the High Court in Everton Heights Ltd v Hamilton City Council [2023] NZHC 40. This case was a judicial review of the Hamilton City Council’s decision to depart from the usual practice of charging contributions according to the DCP in place when the first milestone application was made, if there was a good reason to do so.
