Urban Development Act 2020

1: Title
This Act is the Urban Development Act 2020.
2: Commencement
1: This Act comes into force on the day after the date on which it receives the Royal assent.
2: However,—
a: section 298
b: section 299(2)
c: section 299(3)
1: Preliminary provisions
1: Purpose and principles
3: Purpose of this Act
1: The purpose of this Act is to facilitate urban development that contributes to sustainable, inclusive, and thriving communities.
2: To that end, this Act—
a: provides a mechanism to streamline and consolidate processes for selected urban development projects initiated, facilitated, or undertaken by Kāinga Ora–Homes and Communities (referred to in this Act as Kāinga Ora
b: provides powers for the acquisition, development, and disposal of land used for the purpose of Kāinga Ora performing its urban development functions; and
c: provides additional powers, rights, and duties for the purpose of Kāinga Ora performing its urban development functions.
4: Treaty of Waitangi
In achieving the purpose of this Act, all persons performing functions or exercising powers under it must take into account the principles of the Treaty of Waitangi Section 4 replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Specified development projects
5: Principles for specified development projects
1: In achieving the purpose of this Act, all persons performing functions or exercising powers under it in relation to specified development projects, or urban development projects selected or assessed as potential specified development projects, must—
a: have particular regard to providing, or enabling,—
i: integrated and effective use of land and buildings; and
ii: quality infrastructure and amenities
iii: efficient, effective, and safe transport systems; and
iv: access to open space for public use and enjoyment; and
v: low-emission urban environments; and
b: promote the sustainable management of natural and physical resources and, in doing so,—
i: recognise and provide for the matters in section 6
ii: have particular regard to the matters in section 7
iii: recognise that amenity values may change.
2: In this section, sustainable management section 5(2) Section 5(1)(a)(ii) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 5(1)(b) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 5(2) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
2: Overview of this Act
6: Overview of this Act
1: This Act is related to the Kāinga Ora–Homes and Communities Act 2019
a: establishes Kāinga Ora; and
b: gives it functions that include initiating, facilitating, and undertaking urban development.
2: This Act sets out functions, powers, rights, and duties that relate to that urban development function. The functions, powers, rights, and duties fall into 2 categories, as follows:
a: those that apply only to projects that are established as specified development projects ( see Parts 2 to 4
b: those that apply both to specified development projects and to other urban development that is initiated, facilitated, or undertaken by Kāinga Ora ( see Parts 5 6
3: This subpart, and any other provision of this Act referred to as an overview, is intended as a guide to the overall scheme and effect of the provisions referred to in it.
7: Overview of provisions about specified development projects
1: Part 2
a: how an urban development project is established as a specified development project ( see subpart 1 section 10(3)
b: once the project is established, the project’s development plan to be prepared and approved ( see subpart 2
2: Most of the functions, powers, rights, and duties set out in Parts 3 4
a: resource consenting and designations under the Resource Management Act 1991 see subpart 2
b: the use and reconfiguration of reserves, and the use of land that is subject to conservation interests ( see subpart 3
c: certain infrastructure (roads, water supply, wastewater, and drainage) and the changing of related bylaws ( see subpart 4
d: rating and other funding powers ( see Part 4
3: Most of subpart 1 transitional period
4: See also
a: section 48(1)
b: section 86 Section 7(2)(a) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
8: Overview of provisions about urban development by Kāinga Ora generally
1: Parts 5 6
2: The functions, powers, rights, and duties set out in those Parts broadly relate to—
a: the acquisition of land (including by compulsion) ( see Part 5
b: powers to enter land and buildings ( see subpart 1
c: the governance of projects ( see subpart 2
d: the delegation of functions and powers of Kāinga Ora ( see subpart 3
3: Interpretation and application
Interpretation
9: Interpretation
In this Act, unless the context otherwise requires,— acquired by Kāinga Ora section 251 Part 5 administrative charge section 242 alter section 150(2) amenity values section 2(1) Auckland Transport section 38 authorised person section 279 subpart 1 building consent section 7 building consent authority section 7 bylaw change section 166 bylaw-making authority section 142(1) chief executive under the Public Works Act 1981 section 40(1) claimant group post-settlement governance entity Treaty settlement Act Treaty settlement deed Treaty of Waitangi Act 1975 coastal marine area section 2(1) combined planning instrument section 80 committee section 286 subpart 2 common marine and coastal area section 9(1) community facility
a: the use of community members or the public generally for educational, recreational, sporting, cultural, safety, health, welfare, or worship purposes; and
b: any activity ancillary to a use described in paragraph (a) conservation interest
a: an interest of the kind described in paragraph (b) of the definition of conservation area in section 2(1)
b: a declaration under section 76
c: a covenant under section 77 section 27
d: a Ngā Whenua Rāhui kawenata under section 77A section 27A
e: a caveat under section 138 control Crown body section 17(5) post-settlement governance entity
a: for a company, control of the composition of its board of directors; and
b: for any other body or entity, control of the composition of the group that would be its board of directors if the body or entity were a company controlling authority section 142(1) subpart 4 corridor manager section 4 Crown agent section 10(1) Crown entity subsidiary section 10(1) Crown land section 251 Part 5 Crown protected area section 4 customary marine title customary marine title group section 9(1) deed of recognition designation
a: has the same meaning as in section 166
b: if the context requires, also includes a designation included in a development plan under this Act development section 220 subpart 3 development contribution
a: includes a specified reserve or esplanade reserve (other than in relation to a subdivision consent within the meaning of section 87(b)
b: excludes protected land described in section 17(2) development plan section 83(5) disestablishment order clause 7 district plan section 43AA draft development plan section 83 dwelling house section 2(1) establishment date establishment order section 47 financial year section 5 Fire and Emergency New Zealand section 8 former Māori land
a: is held—
i: for a specified work by Kāinga Ora; or
ii: for a public work by the Crown or a local authority; and
b: was, immediately before it was acquired or taken for a specified work or a public work (whether or not the work for which the land is held, or the person who holds the land, has changed since the land’s acquisition),—
i: Māori land; or
ii: General land owned by Māori that ceased to be Māori land under Part 1 of the Maori Affairs Amendment Act 1967 former owners section 278
a: to receive an offer to buy the land; or
b: to have the land vested in them General land owned by Māori section 4 hearings commissioner section 51 Heritage New Zealand Pouhere Taonga section 9 historic heritage section 2(1) holder housing section 251 Part 5 IHP Schedule 3 infrastructure section 2(1) infrastructure and service charge section 241 infrastructure operator interest
a: any right or interest held by, or granted to, a Māori entity under a Treaty settlement deed, Treaty settlement Act, or other iwi participation legislation
b: an ownership interest in land:
c: a customary or other interest in land that is recognised under an enactment or a judgment or an order of a court of competent jurisdiction:
d: a customary marine title or a protected customary right iwi authority section 2(1) iwi participation legislation section 58L iwi planning document
a: the Resource Management Act 1991
b: a Treaty settlement Act or other iwi participation legislation
c: a Treaty settlement deed; or
d: the Marine and Coastal Area (Takutai Moana) Act 2011
e: joint Ministers Kāinga Ora section 8 key features section 26(4) subpart 1 key stakeholders section 33(4) land
a: except in Parts 4 5 section 2(1)
b: is defined in section 182(1) Part 4
c: is defined in section 251 Part 5 limited notification section 95B local authority
a: except in Part 5 section 5(1)
b: is defined in section 251 Part 5 local government rate section 182(1) Part 4 Māori association section 2 Māori entity
a: a post-settlement governance entity:
b: an iwi authority:
c: a hapū:
d: an urban Māori authority:
e: a Māori Trust Board:
f: a Māori association:
g: the Māori Trustee:
h: a board, committee, authority, or other body, incorporated or unincorporated, recognised in, or established under, iwi participation legislation
i: a body corporate, the trustees of a trust, or any other entity or persons who have an ownership interest in Māori land:
j: a body corporate or the trustees of a trust appointed to administer a Māori reservation:
k: a customary marine title group or protected customary rights group:
l: the entity that is authorised to act for a natural resource with legal personhood Māori freehold land section 4 Māori land section 4 Māori Trust Board Maori Trust Boards Act 1955 marine and coastal area section 9(1) Minister for Land Information Public Works Act 1981 nationally significant infrastructure
a: State highways:
b: the national grid electricity transmission network:
c: renewable electricity generation facilities that connect directly to the national grid electricity transmission network:
d: the high-pressure gas transmission pipeline network operating in the North Island:
e: the refinery pipeline between Marsden Point and Wiri:
f: the New Zealand rail network (including light rail):
g: land and airspace designated for defence purposes under the Resource Management Act 1991
h: airports used for regular air transport services by aeroplanes capable of carrying more than 30 passengers:
i: the port companies referred to in item 6 of Part A of Schedule 1 network utility operator section 166 New Zealand Transport Agency section 93 owner section 142(1) subpart 4 park
a: means land—
i: owned by a relevant local authority; and
ii: acquired or used principally for community, recreational, environmental, cultural, or spiritual purposes; but
b: does not include land that is held as a reserve, or part of a reserve, under the Reserves Act 1977 participation arrangement Resource Management Act 1991 Local Government Act 2002
a: to produce, or participate in producing, a planning instrument
b: to appoint members to a standing committee of a territorial authority under the Local Government Act 2002
c: to appoint persons to hear and determine resource consent applications for activities within the project area planning instrument post-settlement governance entity—
a: means a body corporate or the trustees of a trust established, for the purpose of receiving redress in the settlement of the Treaty of Waitangi claims of a claimant group,—
i: by that group; or
ii: by or under an enactment or order of a court; and
b: includes—
i: an entity established to represent a collective or combination of claimant groups; and
ii: an entity controlled by an entity referred to in paragraph (a); and
iii: an entity controlled by a hapū to which redress has been transferred by an entity referred to in paragraph (a) private plan change sections 92 93 project area project objectives proposed project area subpart 1 protected customary right protected customary rights group section 9(1) protected land section 17(2) and (4) public housing section 5(1) public notice section 2AB public transport infrastructure section 182(1) Part 4 public work section 2 ratepayer section 182(1) Part 4 rating unit sections 5B 5C record of title section 5(1) redress
a: a statutory acknowledgment and the associated statement of association:
b: a deed of recognition:
c: an overlay classification and the associated protection principles:
d: an advisory board or committee set up to provide advice in relation to the management of a reserve or natural resource regional council section 5(1) regional park section 139(1) regional plan section 43AA regional policy statement section 43AA register of land section 5(1) Registrar-General of Land section 5(1) relevant section 182(1) Part 4 relevant local authority
a: every regional council whose region includes land in the project area (or proposed project area); and
b: every relevant territorial authority for the project relevant territorial authority
a: in relation to a specified development project (or a project being assessed as a potential specified development project), means every territorial authority whose district includes land in the project area (or proposed project area):
b: for the purposes of subpart 4 section 142(1) requiring authority section 166 section 131(2) and (3) reserve section 2(1) resource consent section 2(1) responsible Minister retirement village section 251 Part 5 RFR land right of first refusal
a: is a right to be offered the transfer, vesting, or lease of land before the landowner may dispose of it to others; and
b: is currently enforceable; and
c: is provided for in a Treaty settlement Act or Treaty settlement deed right of resumption section 251 Part 5 right of second refusal
a: is a right to be offered the transfer, vesting, or lease of RFR land after the holder of the right of first refusal and before the landowner may dispose of the land to others; and
b: is currently enforceable; and
c: is provided for in a Treaty settlement Act or Treaty settlement deed roading powers section 143 service connection section 182(1) Part 4 specified conservation-related area section 28(d) specified development project section 10(4) specified reserve Reserves Act 1977
a: a recreation reserve:
b: a historic reserve:
c: a scenic reserve:
d: a government purpose reserve:
e: a local purpose reserve specified work section 252 statutory acknowledgment stormwater network section 5 supporting documents sections 69 to 71 targeted rate section 182(1) targeted rates order section 182(1) Part 4 territorial authority section 5(1) three waters services transfer order clause 4 transitional period section 94(2) Treaty of Waitangi claim section 6 Treaty settlement Act
a: an Act listed in Schedule 3
b: any other Act that provides redress for Treaty of Waitangi claims, including Acts that provide collective redress or participation arrangements for claimant groups whose claims are, or are to be, settled by another Act Treaty settlement deed
a: that is signed for and on behalf of the Crown by 1 or more Ministers of the Crown and by representatives of a claimant group; and
b: that is in settlement of the Treaty of Waitangi claims of the members of that group, or in express anticipation, or on account, of that settlement Treaty settlement obligations
a: Treaty settlement Acts:
b: Treaty settlement deeds urban development section 10(1) urban development project section 10(3) urban renewal section 251 Part 5 Utilities Access Code Utilities Access Act 2010 utility operator Utilities Access Act 2010 wastewater network section 5 wastewater services section 124 water-related infrastructure section 142(1) water-related infrastructure powers section 150(1) working day section 2(1) Section 9 amenity values inserted 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 amenity values repealed 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 9 coastal marine area amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 combined planning instrument inserted 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 combined planning instrument repealed 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 9 cultural heritage repealed 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 designation amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 development contribution amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 district plan inserted 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 district plan repealed 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 9 dwelling house replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 historic heritage inserted 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 historic heritage repealed 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 9 implementation plan repealed 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 infrastructure amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 interest amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 iwi and hapū participation legislation repealed 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 iwi authority replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 iwi participation legislation inserted 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 iwi participation legislation repealed 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 9 iwi planning document amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 iwi planning document repealed 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 land amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 limited notification replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 Māori entity amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 national planning framework repealed 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 nationally significant infrastructure amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 natural and built environment plan repealed 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 network utility operator amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 participation arrangement amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 participation arrangement amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 planning instrument inserted 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 planning instrument repealed 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 9 public notice amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 regional plan inserted 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 regional plan repealed 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 9 regional planning committee repealed 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 regional policy statement inserted 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 regional policy statement repealed 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 9 regional spatial strategy repealed 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 requiring authority amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 resource consent amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 stormwater network inserted 17 February 2024 section 12(1) Water Services Acts Repeal Act 2024 Section 9 te Tiriti o Waitangi repealed 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 9 wastewater network inserted 17 February 2024 section 12(1) Water Services Acts Repeal Act 2024 Section 9 working day amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
10: Meaning of urban development, urban development project, and specified development project
Urban development
1: In this Act, urban development
a: development of housing, including public housing and community housing, affordable housing, homes for first-home buyers, and market housing:
b: development and renewal of urban environments, whether or not this includes housing development:
c: development of related commercial, industrial, community, or other amenities, infrastructure, facilities, services, or works.
2: See also section 13(1)(f) Urban development project
3: In this Act, urban development project Specified development project
4: In this Act, specified development project see section 47
11: Examples do not limit provisions
1: An example used in this Act does not limit the provisions to which it relates.
2: If an example and a provision to which it relates are inconsistent, the provision prevails. Application
12: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
13: Act binds the Crown
This Act binds the Crown. Other enactments
14: Application of other enactments
1: Except as otherwise specified in this Act,—
a: all persons performing functions or exercising powers under this Act must comply with any provisions of any other enactment that apply to that function or power; and
b: the provisions of the Resource Management Act 1991
2: Nothing in this Act limits or otherwise affects the following enactments:
a: the Heritage New Zealand Pouhere Taonga Act 2014
b: the Housing Act 1955
c: the Marine and Coastal Area (Takutai Moana) Act 2011
d: Te Ture Whenua Maori Act 1993
3: Neither of the following actions, of itself, precludes an applicant group from establishing, under the Marine and Coastal Area (Takutai Moana) Act 2011
a: the establishment of a specified development project under section 47
b: the setting apart of a part of the marine and coastal area under section 255
4: In this section, applicant group section 9(1) Section 14(1)(b) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
15: Treaty settlement obligations prevail
If a provision of this Act is inconsistent with a Treaty settlement obligation, the Treaty settlement obligation prevails.
4: Restrictions on developing certain land
16: Application of sections 17 to 19
1: The restrictions set out in section 17
2: The restrictions set out in sections 18 19 Housing Act 1955 see section 14(2)(b)
17: Protected land
1: The land described in subsections (2) and (4) is referred to in this Act as protected land Land absolutely protected from acquisition and development
2: No power in this Act may be used in relation to the following land: Reserves, national parks, etc
a: land classified as a nature reserve or a scientific reserve under the Reserves Act 1977
b: land constituted as a national park under the National Parks Act 1980
c: land described in paragraph (a) of the definition of conservation area in section 2(1)
d: land that is a wildlife sanctuary, wildlife refuge, or wildlife management reserve as defined in section 2(1) Māori customary land and Māori reservations
e: Māori customary land:
f: land vested in the Māori Trustee that—
i: is constituted as a Māori reserve by or under the Maori Reserved Land Act 1955
ii: remains subject to that Act:
g: land set apart as a Māori reservation under Part 17 Common marine and coastal area where rights recognised
h: any part of the common marine and coastal area in which customary marine title has, or protected customary rights have, been recognised under the Marine and Coastal Area (Takutai Moana) Act 2011 Other significant land
i: land that forms part of a natural feature that has been declared under an Act to be a legal entity or person (including Te Urewera land within the meaning of section 7
j: the maunga listed in section 10 Land protected from use of certain powers without agreement
3: The following restrictions apply to the land described in subsection (4):
a: Kāinga Ora may not exercise the power under section 151
b: the Minister for Land Information may not acquire the land under section 256 section 17
4: The land referred to in subsection (3) is—
a: Māori freehold land:
b: General land owned by Māori that was previously Māori freehold land, but ceased to have that status under—
i: an order of the Māori Land Court made on or after 1 July 1993; or
ii: Part 1 of the Maori Affairs Amendment Act 1967
c: land held by a post-settlement governance entity if the land was acquired—
i: as redress for the settlement of Treaty of Waitangi claims; or
ii: by the exercise of rights under a Treaty settlement Act or Treaty settlement deed:
d: land held by or on behalf of an iwi or a hapū if the land was transferred from the Crown, a Crown body, or a local authority with the intention of returning the land to the holders of mana whenua over the land.
5: In this section,— Crown body
a: a Crown entity, as defined in section 7(1)
b: a State enterprise, as defined in section 2
c: the New Zealand Railways Corporation; and
d: a company or body that is wholly owned or controlled by 1 or more of the following:
i: the Crown:
ii: a Crown entity:
iii: a State enterprise:
iv: the New Zealand Railways Corporation; and
e: a subsidiary or related company of a company or body referred to in paragraph (d) land held by a post-settlement governance entity mana whenua section 2(1) Māori customary land section 4 related company section 2(3) subsidiary section 5(1) Section 17(5) mana whenua amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
18: Former Māori land
1: This section applies to an urban development project if—
a: the project is on former Māori land; and
b: the land is intended to be transferred to someone other than the Crown, a local authority, or Kāinga Ora while the project is underway or after the project is completed.
2: Kāinga Ora may not initiate, facilitate, or undertake the urban development project unless—
a: Kāinga Ora engages with the persons who Kāinga Ora considers are likely to be the land’s former owners, and the hapū associated with the land, in order to understand—
i: their aspirations for the land; and
ii: how those aspirations may be taken into account in the way the land is developed; and
b: the land has been offered back to its former owners in accordance with section 278
3: The following persons must make the offer under subsection (2)(b) at the request of Kāinga Ora:
a: the chief executive under the Public Works Act 1981
b: the local authority, if the land is owned by a local authority.
19: RFR land
1: Kāinga Ora may not initiate, facilitate, or undertake an urban development project on RFR land unless Kāinga Ora—
a: offers the holder of the right of first refusal the opportunity to undertake the development on specified terms; and
b: obtains the agreement of the holder of that right to—
i: the development being undertaken by the holder of that right (whether on the terms offered or on other terms); or
ii: the development being undertaken by Kāinga Ora or another person.
2: An agreement under subsection (1)(b)(ii) may include any conditions agreed by the holder of the right of first refusal and Kāinga Ora.
3: If there is more than 1 holder of the right of first refusal, subsection (1)(b) is not complied with unless all of the holders of that right agree.
4: If there is a right of second refusal over the RFR land, subsections (1) to (3)
a: has agreed to the development going ahead without agreeing to undertake the development; and
b: has agreed to waive its right of first refusal.
5: If the RFR land is also former Māori land, this section applies only if the land's former owners do not accept the offer under section 18(2)(b)
6: To avoid doubt,—
a: an agreement under subsection (1) does not end or limit the right of first refusal or the right of second refusal (unless the holder of that right agrees otherwise); and
b: nothing in this section affects any authority that enables the Crown or any person other than Kāinga Ora to initiate, facilitate, or undertake a development on the RFR land in a manner that is consistent with the right of first refusal.
20: When protected land, former Māori land, and RFR land may be included in project area and development plan
1: Sections 17 to 19
a: prevent the land referred to in those sections from being included in a project area; or
b: affect the ability to prepare a draft development plan for that project area.
2: However, the responsible Minister may not approve a draft development plan under section 83
a: the plan is consistent with section 17
b: if the plan provides for the development of former Māori land, Kāinga Ora has complied with section 18
c: if the plan provides for the development of RFR land, Kāinga Ora has complied with section 19
21: Land that may be needed for settlement of Treaty of Waitangi claims
The following provisions require the Minister for Treaty of Waitangi Negotiations to be consulted for the purpose of considering the Crown's obligation to provide redress for any future settlements of Treaty of Waitangi claims:
a: section 72(4)(b)
b: section 253(2)(a)
c: section 265(6)(a)
d: section 271(2)
5: Miscellaneous
Engagement
22: Engagement requirements
1: This section applies to engagement that Kāinga Ora undertakes in accordance with a provision of this Act.
2: Engagement requires that Kāinga Ora do either or both of the following before deciding on a matter:
a: consult on a proposal:
b: seek input during the formulation of a proposal, or feedback on a proposal, on an iterative basis.
3: Input or feedback may be sought via hui or meetings, social media, or any other forums that Kāinga Ora thinks appropriate.
4: In undertaking an approach to engagement on a matter, Kāinga Ora—
a: must consider the purpose of the engagement; and
b: must—
i: consider the needs of the particular person or persons with whom Kāinga Ora is engaging; and
ii: allow adequate time for responses and for engagement to occur, taking into account, as relevant,—
A: that persons with whom Kāinga Ora is engaging may have obligations under other legislation, trust deeds, and other governance documents; and
B: tikanga Māori; and
c: may consider the relevance and sufficiency of any earlier engagement. General duties
23: Duty to co-operate
1: This section applies to—
a: Kāinga Ora; and
b: relevant local authorities; and
c: infrastructure operators within any project area or proposed project area.
2: It is the duty of each of the entities listed in subsection (1) to give reasonable assistance to each other to enable each to perform and exercise their respective functions, powers, rights, and duties under this Act in relation to specified development projects (and projects being assessed as potential specified development projects). 2003 No 118 s 38AA(1)
24: Duty to avoid unreasonable delay
Every person who performs or exercises functions, powers, rights, or duties, or is required to do anything, under this Act for which no time limits are prescribed must do so as promptly as is reasonable in the circumstances. 1991 No 69 s 21 Judicial review
25: Judicial review rights
1: Nothing in this Act limits or affects a right of judicial review that a person may have in respect of the matters to which this Act applies, except as provided in sections 106 129 130 132
2: However, a person must not apply for judicial review of a decision on a development plan under subpart 2 section 85
3: If applications for judicial review and appeal are made together, the High Court must try to hear both proceedings together, unless the court considers it impracticable to do so in the circumstances. 2010 No 37 s 159
2: Specified development projects
1: How specified development projects are established
General provisions
26: Key features of specified development projects
1: Every specified development project must have the following, recommended by Kāinga Ora and accepted by the joint Ministers in accordance with this subpart:
a: project objectives; and
b: a project area, defined by geographical boundaries; and
c: a project governance body.
2: The project governance body may be recommended and accepted by type of entity.
3: The area or areas of land within the project area do not need to be contiguous.
4: In this subpart, the project objectives, project area, and identity or type of project governance body for a specified development project (or a project being assessed as a potential specified development project) are referred to as the project’s key features
27: Project objectives
1: The project objectives for a specified development project must set out the key outcomes and outputs that the project aims to deliver.
2: Project objectives—
a: may be specific about areas or features that the project must protect or exclude from urban development in connection with the project:
b: may provide for different weight to be given to them (as against other project objectives) when decisions are made under, or in accordance with, this Act.
28: Criteria for establishing specified development project
The criteria for accepting a recommendation of Kāinga Ora, in accordance with this subpart, that an urban development project be established as a specified development project are that the joint Ministers— Specified development project mechanism
a: consider that it is appropriate for the project to be established as a specified development project with the key features recommended by Kāinga Ora; and Project objectives
b: are satisfied that the project objectives are consistent with—
i: subpart 1
ii: existing national directions under the Resource Management Act 1991 Project area
c: are satisfied that the project area contains only land that is in an urban area or that the joint Ministers consider is generally suitable—
i: for urban use; or
ii: to protect or exclude from urban development in connection with the broader project; and
d: if the project area contains any of the following (a specified conservation-related area section 34(2)
i: all or any part of a specified reserve:
ii: land that is subject to a conservation interest:
iii: any part of the coastal marine area; and
e: are satisfied that the boundaries of the project area are clearly defined and easily identifiable in practice; and Project governance body
f: if the project governance body is an identified entity (other than Kāinga Ora), are satisfied that the entity has agreed to the appointment; and Engagement
g: consider that, having regard to the project’s likely effects on communities, Māori, and other persons, the engagement undertaken on the project was appropriate; and Territorial authority support or national interest
h: either—
i: are satisfied that there is overall support from the relevant territorial authorities for the project being established as a specified development project; or
ii: consider that the project is in the national interest. Section 28(b)(ii) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Project selection
29: Kāinga Ora or joint Ministers select project
A potential urban development project, or an urban development project that is already being carried out, may be selected for assessment as a potential specified development project in 1 of 2 ways:
a: Kāinga Ora selects the project for assessment; or
b: the joint Ministers direct Kāinga Ora, in writing, to assess the project as a potential specified development project.
30: Status of ministerial direction
A direction for the purposes of section 29(b) Part 3 Section 30 replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Project assessment
31: Kāinga Ora assesses project
1: Kāinga Ora must assess a project selected in accordance with section 29
a: identifying, in general terms, constraints and opportunities that arise for the project from the matters listed in section 32(1)
b: engaging as required by section 33
c: considering the identified constraints and opportunities, feedback from its engagement, and anything else that Kāinga Ora considers relevant, and refining (if necessary) the key features that it is considering for the project; and
d: publicly notifying the assessment of the project as required by section 35
e: determining whether to recommend that the project be established as a specified development project and, if so, determining the key features to recommend to the joint Ministers for a decision under this subpart.
2: However, Kāinga Ora may stop an assessment at any time if Kāinga Ora decides that the project should not be established as a specified development project ( see sections 37 39 Section 31(2) inserted 24 August 2023 section 805(1) Natural and Built Environment Act 2023
32: Kāinga Ora identifies constraints and opportunities
1: For the purposes of section 31(1)(a)
a: each of the following, to the extent that it is within or otherwise relevant to the project area that Kāinga Ora is considering (the proposed project area
i: protected land:
ii: nationally significant infrastructure:
iii: land that is subject to a conservation interest:
iv: any part of the coastal marine area:
v: any area or feature of land protected, or to which special rules apply, under a local Act (for example, the Waitakere Ranges heritage area under the Waitakere Ranges Heritage Area Act 2008
b: each of the following, to the extent that it is within the proposed project area:
i: any reserve, by location and purpose:
ii: any park or regional park, by location:
iii: land that is owned by the Crown:
iv: former Māori land:
v: RFR land; and
c: Treaty settlement obligations and participation arrangements that apply to the proposed project area; and
d: the information that the relevant local authorities hold on the following:
i: natural hazards within or otherwise relevant to the proposed project area:
ii: contaminated land within the proposed project area; and
e: the Māori cultural, archaeological, and historic heritage
f: the extent to which the project (including any infrastructure requirements identified), in general terms, aligns with any documents that are published by a relevant local authority and that set out its plans (whether alone or with other local authorities or entities) for urban growth
g: potential funding options for any infrastructure requirements identified.
2: Kāinga Ora must also identify—
a: the existing planning instruments and
b: any publicly available reports on climate change matters, prepared in accordance with the Climate Change Response Act 2002 Section 32(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 32(1)(e) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 32(1)(f) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 32(2)(a) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 32(2)(a) amended 24 August 2023 section 805(1) Natural and Built Environment Act 2023
33: Kāinga Ora engages with Māori and key stakeholders
1: This section sets out,—
a: for the purposes of section 31(1)(b)
b: the expressions of interest that Kāinga Ora must seek.
2: The purpose of the engagement is—
a: to enable Kāinga Ora to undertake an informed assessment of the project; and
b: to enable Māori interests to be identified; and
c: to seek the views of Māori and key stakeholders, and the recommendations described in subsection (5).
3: Māori with whom engagement must be sought are—
a: Māori entities with an interest in the proposed project area or in land adjoining the proposed project area; and
b: the hapū associated with any former Māori land within the proposed project area.
4: Key stakeholders with whom engagement must be sought are—
a: relevant local authorities; and
b: the chief executive of the Ministry responsible for the administration of this Act; and
c: Heritage New Zealand Pouhere Taonga; and
d: the New Zealand Police; and
e: Fire and Emergency New Zealand; and
f: the requiring authorities of any land or airspace designated for defence purposes under the Resource Management Act 1991
g: the operators of any other infrastructure that will be, or is likely to be, affected by the project; and
h: if any specified conservation-related area is in or adjacent to the proposed project area, the Minister of Conservation.
5: In engaging with Heritage New Zealand Pouhere Taonga, Kāinga Ora must seek recommendations on the protection or enhancement of historic heritage
6: Kāinga Ora must also seek, from Māori entities, expressions of interest in developing, as part of the project, any land within the proposed project area (other than protected land described in section 17(2)
7: In seeking those expressions of interest, Kāinga Ora must allow adequate time for responses, taking into account—
a: that Māori entities have obligations under other legislation, trust deeds, and other governance documents; and
b: tikanga Māori. Section 33(1)(a) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 33(4)(f) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 33(5) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
34: Project areas that include specified conservation-related area
1: This section applies if the proposed project area for a project includes any specified conservation-related area.
2: The Minister of Conservation must approve—
a: the specified conservation-related area being included within the proposed project area; and
b: the proposed project objectives, to the extent that they relate to or affect the specified conservation-related area.
3: On receipt of written request for approval from Kāinga Ora, the Minister of Conservation—
a: must consider the proposed project area and the proposed project objectives; and
b: may require changes to the proposed project area, or to how the proposed project objectives relate to or affect the specified conservation-related area, as a condition of giving approval; but
c: must make a decision on giving approval, and give written notice of the decision to Kāinga Ora, not later than 20 working days after receipt of the written request.
4: In making a decision under subsection (3), the Minister of Conservation must have regard to the purposes for which the specified conservation-related area is presently held.
5: Kāinga Ora must not give the public notice referred to in section 35
35: Kāinga Ora gives public notice of proposed key features and invites feedback
1: The public notice required by section 31(1)(d)
a: a statement of the key features that Kāinga Ora is considering for the project; and
b: a statement that the project is being assessed as a potential specified development project under this Act; and
c: a statement of the reasons why the project is being assessed.
2: If the proposed project area includes any specified conservation-related area, the public notice must identify that area by type and location.
3: The public notice must—
a: invite the public to give feedback on the proposed key features and the other matters stated in the notice; and
b: state the date by which feedback must be received, which must be at least 20 working days after the date on which public notice is given.
4: Kāinga Ora may accept any late feedback. Section 35(1) amended 23 December 2023 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
36: Changes to proposed key features
1: This section applies if, during a project assessment, Kāinga Ora makes a change to the key features that it is considering for a project.
2: However, this section does not apply if Kāinga Ora is satisfied that any change (the new content
3: Before Kāinga Ora completes its assessment of the project, it must—
a: consider which, if any, part of the process described in sections 31 to 35
b: repeat that part in relation to—
i: the new content; and
ii: anything else that Kāinga Ora considers relevant to understanding the new content in the context of the broader project. Project assessment report
37: Kāinga Ora prepares project assessment report
1: After completing a project assessment, or earlier (in any case where section 39
a: prepare a project assessment report for the project; and
b: comply with section 40
c: give that report, once finalised, to the joint Ministers unless section 39
2: The report must be in writing. Section 37(1)(c) amended 24 August 2023 section 805(1) Natural and Built Environment Act 2023
38: Contents of report: recommendation to establish specified development project
1: This section applies if a project assessment report prepared by Kāinga Ora recommends that the project be established as a specified development project.
2: The assessment report must include all of the following things:
a: a summary of the project assessment carried out by Kāinga Ora, including—
i: the proposed key features of the project, and reasons stated by Kāinga Ora, that were publicly notified in accordance with section 35
ii: a summary of feedback received on the public notice; and
iii: a summary of engagement undertaken with key stakeholders in accordance with section 33
iv: a summary of engagement undertaken with Māori and of feedback received, including a summary of how feedback received from Māori entities has informed any of the recommendations in the report; and
v: a summary of expressions of interest received in accordance with section 33(6)
vi: whether other engagement with Māori or key stakeholders has informed the project assessment (for example, engagement undertaken before the project was selected for assessment as a specified development project) and, if so, a summary of that engagement (including when it was undertaken); and
vii: if any Māori or key stakeholders have not engaged with Kāinga Ora, a summary of the attempts that Kāinga Ora made to engage with them; and
viii: any recommendations made by Heritage New Zealand Pouhere Taonga on the protection or enhancement of historic heritage
ix: constraints and opportunities identified in accordance with section 31(1)(a)
b: the recommendation of Kāinga Ora that the project be established as a specified development project, along with the recommended key features; and
c: a concept plan that shows, generally, the layout of the land within the recommended project area after the project is delivered; and
d: if the recommended project area contains any specified conservation-related area, confirmation that the Minister of Conservation has approved—
i: the specified conservation-related area being included within the recommended project area; and
ii: the recommended project objectives, to the extent that they relate to or affect the specified conservation-related area; and
e: if the recommended project governance body is an identified entity (other than Kāinga Ora), confirmation that the entity has agreed to be appointed; and
f: the responses received from each relevant territorial authority under section 41
3: The report may include anything else that Kāinga Ora considers relevant. Section 38 heading replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 38(2)(a)(viii) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 38(2)(a)(ix) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
39: Contents of report: project should not be established
1: This section applies if, during or on completion of an assessment, Kāinga Ora decides that a project should not be established as a specified development project.
2: The project assessment report must—
a: broadly describe and assess the project; and
b: set out why Kāinga Ora has decided that the project should not be established as a specified development project; and
c: if the report must be provided to the joint Ministers under subsection (4), include a recommendation that the project not be established as a specified development project.
3: The report does not have to include all of the things in section 38(2) section 40
4: Kainga Ora must provide the report to the joint Ministers if either or both of the following apply:
a: the project has been publicly notified as a potential specified development project:
b: the joint Ministers selected the project in accordance with section 29 Section 39 replaced 24 August 2023 section 805(1) Natural and Built Environment Act 2023
40: Territorial authorities invited to indicate support
1: When a project assessment report is sufficiently advanced, Kāinga Ora must—
a: give a copy of it, in draft, to each relevant territorial authority; and
b: invite the relevant territorial authorities to indicate, in writing, whether they support—
i: the recommendation that the project be established as a specified development project; and
ii: the key features recommended in the draft report; and
c: invite the relevant territorial authorities to—
i: state any conditions associated with their support; and
ii: give reasons for any recommendation (including any key feature) that they do not support, and state any changes that would enable them to support that recommendation.
2: An invitation by Kāinga Ora must—
a: be in writing; and
b: give the relevant territorial authority at least 20 working days to respond.
41: Territorial authorities must respond to invitation
1: This section applies to every relevant territorial authority that receives an invitation and a draft project assessment report under section 40
2: The relevant territorial authority must respond to Kāinga Ora as follows:
a: stating whether it supports—
i: the recommendation that the project be established as a specified development project; and
ii: the key features recommended in the draft report; and
b: stating any conditions associated with its support (if relevant); and
c: if it does not support any recommendation (including any key feature), stating the reasons why and any changes that would enable it to support that recommendation.
3: Every response must be—
a: in writing; and
b: given to Kāinga Ora by the date or within the time frame for response set out in the invitation.
42: Territorial authority not required to consult before responding
1: A territorial authority is not required to consult anyone before responding to Kāinga Ora in accordance with section 41
2: This section applies despite anything to the contrary in the Local Government Act 2002 Joint Ministers’ decision
43: Joint Ministers make decision on report
1: This section applies whenever the joint Ministers receive a project assessment report from Kāinga Ora.
2: If the report recommends that the project be established as a specified development project, the joint Ministers must decide to do 1 of the following:
a: accept the recommendation in accordance with section 44
b: refer the report back to Kāinga Ora for further consideration:
c: reject the recommendation.
3: If the report recommends that the project not be established as a specified development project, the joint Ministers must decide to either—
a: accept the recommendation; or
b: refer the report back to Kāinga Ora for further consideration.
4: The joint Ministers must give written notice to Kāinga Ora of their decision under this section.
5: If the joint Ministers refer the report back to Kāinga Ora,—
a: their notice to Kāinga Ora must state—
i: that the report is being referred back to Kāinga Ora for further consideration; and
ii: the joint Ministers’ reasons for referring back the report; and
b: they may refer the report back with or without—
i: any recommended changes to the key features that Kāinga Ora recommended in the report:
ii: a recommendation to engage further on the project.
44: Decision to establish specified development project
1: The joint Ministers may only accept a recommendation in a project assessment report to establish a project as a specified development project if the criteria in section 28
2: However, the joint Ministers have no obligation to accept the recommendation, even if the joint Ministers are satisfied that all criteria are met.
3: In considering whether to accept the recommendation, the joint Ministers may alter a key feature recommended by Kāinga Ora in the report, but only to the extent that the joint Ministers are satisfied that the alteration is of minor effect or corrects a minor error.
4: If the joint Ministers accept the recommendation, the joint Ministers must recommend the making of an establishment order under section 47
45: Decision to refer back report
1: If the joint Ministers refer a project assessment report back to Kāinga Ora for further consideration, Kāinga Ora must—
a: review the report and all relevant information (including any recommendations from the joint Ministers); and
b: provide a revised assessment report for the project to the joint Ministers for a decision under section 43
2: Subsection (3) applies to a review by Kāinga Ora in circumstances where Kāinga Ora is considering—
a: changing its recommendation on whether to establish a project as a specified development project; or
b: any changes to the key features recommended by Kāinga Ora, other than changes that Kāinga Ora is satisfied are technical or of minor effect.
3: In those circumstances,—
a: the process in this subpart, as relevant, applies to a review by, and revised report of, Kāinga Ora; and
b: despite section 39(2)(b) section 40
46: Decision not to establish project as specified development project
1: This section applies if the joint Ministers decide to—
a: accept a recommendation that a project not be established as a specified development project; or
b: reject a recommendation that a project be established as a specified development project.
2: If the project was publicly notified as a potential specified development project, Kāinga Ora must publicly notify the joint Ministers’ decision as soon as practicable after Kāinga Ora receives that decision.
3: If the project was not publicly notified as a potential specified development project, Kāinga Ora must, as soon as practicable after receiving the joint Ministers’ decision, notify that decision to—
a: Māori who were engaged with as part of the project assessment; and
b: the key stakeholders. Project established as specified development project
47: Orders in Council establishing specified development projects
1: The Governor-General may, by Order in Council made on the recommendation of the joint Ministers in accordance with section 44(4)
2: The order must set out the key features of the specified development project.
3: The order may specify a period for the purposes of clause 5
4: For the purpose of setting out the boundaries of the project area, the order may incorporate by reference a map, plan, or similar document prepared or issued by any person or body.
5: An order under this section is secondary legislation ( see Part 3
6: Sections 63 to 66 Schedule 2 section 64 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 47(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 47(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
48: Effect of establishment order
Overview
1: Broadly, the effect of an establishment order is that—
a: subpart 2
b: for a transitional period ( see section 94(2) subpart 1
i: plan changes applying in the project area:
ii: resource consent applications in the project area:
iii: changes or cancellations of conditions of resource consents in the project area:
c: a consent authority may transfer its consenting functions in the project area to Kāinga Ora as if Kāinga Ora were a public authority under section 33
d: various other powers, rights, and duties under this Act apply to Kāinga Ora, for example,—
i: duties relating to assistance, information, and advice ( see sections 107 108
ii: powers to enter land for purposes related to preparing the development plan ( see section 280(1)(b)
iii: rights to be consulted on certain bylaw changes proposed by bylaw-making authorities ( see section 179
2: See also section 86 Appointment of identified project governance body
3: If an establishment order identifies an entity as the project governance body for a project, that entity is appointed as the project governance body for the project on the commencement of the establishment order. Section 48(1)(c) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
49: Kāinga Ora must notify relevant local authorities of establishment order
Kāinga Ora must notify the relevant local authorities as soon as practicable after an establishment order is made.
50: Kāinga Ora must publish details of specified development projects on Internet site
1: Kāinga Ora must publish on its Internet site—
a: a list of specified development projects; and
b: links to establishment orders; and
c: any maps, plans, or similar documents incorporated by reference in any establishment order for the purpose of setting out the boundaries of a project area.
2: See also section 291 Hearings commissioners
51: Appointment of hearings commissioners
1: Kāinga Ora may appoint 1 or more hearings commissioners—
a: to exercise a delegated power under this Act; and
b: to hear resource consent applications, objections, and other matters as provided for in this Act.
2: Kāinga Ora may only appoint a person as a hearings commissioner if the person is accredited (within the meaning of section 2(1)
3: Kāinga Ora must establish processes for managing any conflicts of interest of hearings commissioners in relation to particular matters.
4: Persons who are members of any iwi or hapū or other group of Māori with an interest in a project area or in land adjoining a project area are not, by virtue only of that fact, disqualified from appointment as hearings commissioners. 1991 No 69 s 39B Section 51(2) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Amendments, transfer, and disestablishment
52: Amendments to key features of specified development projects
1: Kāinga Ora may, in accordance with this section, recommend an amendment to a key feature of a specified development project set out in the project’s establishment order.
2: Kāinga Ora must follow the process set out in this subpart for establishing a project, with the necessary modifications, including that the contents required for the project assessment report are limited to matters associated with the recommended amendment.
3: The joint Ministers may accept the recommendation in the report if, and only if,—
a: the joint Ministers—
i: consider that, having regard to the amendment’s likely effects in the context of the project, the engagement undertaken on the amendment was appropriate; and
ii: are satisfied that Kāinga Ora has undertaken engagement on the amendment in accordance with section 33
b: the joint Ministers—
i: are satisfied that there is overall support from the relevant territorial authorities for the amendment; or
ii: consider that the project is in the national interest; and
c: the joint Ministers are satisfied that, if the amendment—
i: is to the project objectives, the criterion in section 28(b)
ii: is to the project area, the criteria in section 28(c) and (e)
iii: identifies a new entity as the project governance body, the criterion in section 28(f)
4: Section 44(2) and (3)
5: Despite subsections (2) and (3),—
a: Kāinga Ora may recommend a technical or minor amendment without following the process referred to in subsection (2); and
b: the joint Ministers may accept the recommendation, but only if they are satisfied that the recommendation is of that nature.
6: The joint Ministers must recommend the making of an Order in Council under section 53
53: Orders in Council amending establishment orders
1: The Governor-General may, by Order in Council made on the recommendation of the joint Ministers in accordance with section 52(6)
2: Section 49
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 53(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
54: Transfer and disestablishment
Schedule 2
a: to transfer any assets of a specified development project; or
b: to disestablish a specified development project.
2: Preparation of development plans
55: Application of this subpart
1: This subpart provides for the process for preparing and approving a development plan for a specified development project.
2: This subpart applies—
a: after an establishment order is made under section 47
b: if it is proposed to prepare, approve, vary, or change a development plan.
56: Development plan required for every specified development project
1: After the establishment of a specified development project, Kāinga Ora must prepare a development plan for the project in accordance with this subpart.
2: Until a development plan becomes operative for a specified development project under section 83 subpart 1
3: A development plan must—
a: enable the project objectives to be achieved; and
b: provide for any Treaty settlement obligations applying in the project area.
4: As part of the preparation of a development plan, Kāinga Ora must also prepare any applicable supporting documents in accordance with this subpart.
57: Functions of Kāinga Ora in preparing, amending, or reviewing development plan
Kāinga Ora has the following functions for the purpose of preparing, amending, or reviewing a development plan for a specified development project:
a: establishing, implementing, and reviewing the objectives of any planning instrument
b: controlling the actual or potential effects of the use, development, and protection of land—
i: to achieve the project objectives:
ii: to ensure, as far as is reasonably practicable, that, as a contribution to district and regional capacity, there is sufficient land for residential and business development to meet the expected demand in the project area:
iii: to avoid or mitigate risks from natural hazards:
iv: to develop (or provide for the development of) infrastructure and its integration with land use.
c: ensuring that there are rules—
i: to control the emission, and mitigate the effects, of noise:
ii: about any actual or potential effects of activities in relation to the surface of water in rivers and lakes:
iii: to control subdivision. Section 57(a) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
58: Relevance of certain national instruments
A development plan must not be inconsistent with—
a: the following instruments made under the Resource Management Act 1991
i: national policy statements:
ii: a New Zealand Coastal Policy Statement:
iii: national environmental standards and other regulations (other than a national environmental standard):
iv: all applicable provisions of national planning standards approved under section 58E
A: matters of structure, format, definitions, and metrics; and
B: the requirements for electronic functionality and accessibility; and
C: regional and district spatial layers standards ( see
b: any national land transport policy. Section 58(a) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
59: In preparing development plan, Kāinga Ora to be sufficiently informed
1: When preparing a draft development plan, Kāinga Ora must take the steps that it considers necessary to enable Kāinga Ora—
a: to be sufficiently informed on the matters relevant to achieving the project objectives; and
b: to proceed to develop a plan suitable to be publicly notified under section 73
2: Kāinga Ora must undertake the requirements described in subsection (1) by engaging with Māori and the key stakeholders who were identified in the course of the project assessment process ( see section 33 Requirements for development plan
60: Contents of development plan
1: A development plan must include the matters set out in this section and in sections 61 to 64 Structure plan
2: The purpose of a structure plan is to describe in general terms the development proposals for a specified development project.
3: A structure plan must set out—
a: the proposed land use and the indicative development densities proposed for the specified development project; and
b: the location of nationally significant infrastructure in or adjacent to the project area; and
c: the location of existing infrastructure for the three waters services; and
d: what infrastructure will be needed and, broadly, where it will be located; and
e: the general location and a description of new infrastructure proposed for the special development project, if it is to be connected with, or integrated into, any existing infrastructure, whether within or outside the project area; and
f: what community facilities will be required, and, broadly, where they will be located; and
g: any land within the project area proposed to be set apart as a reserve or created as a park or regional park; and
h: any likely staging of the project, including any requirements as to the progress or completion of a stage. Conditions
4: A development plan must include the following, if applicable or relevant to the project area:
a: conditions, if any, imposed by the Minister of Conservation on—
i: the use of any part of a specified reserve or coastal marine area:
ii: the acquisition of land subject to a conservation interest:
iii: the use of any part of other land in the project area that is integral to the conditions stipulated in subparagraphs (i) and (ii); and
b: if Kāinga Ora adopts any participation arrangement or other measure provided by or under any iwi participation legislation Modification of planning instruments
5: A development plan must set out the following:
a: any modifications to be made to objectives, policies, methods, and rules in planning instruments to enable the project objectives to be achieved; and
b: if any iwi participation legislation
c: the rules for public notification of a controlled or restricted discretionary
d: any designations that apply, wholly or in part, in the project area. Modification of consent authority identity
6: A development plan may provide that Kāinga Ora will not become the consent authority for the project area ( see section 109 Section 60(4)(b) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 60(5) heading amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 60(5)(a) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 60(5)(b) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 60(5)(c) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 60(5)(c) amended 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 60(6) heading inserted 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 60(6) inserted 24 August 2023 section 805(1) Natural and Built Environment Act 2023
61: Further contents of development plan: infrastructure
1: The development plan must state—
a: whether Kāinga Ora has, or does not have, the roading powers in relation to the specified development project; and
b: if Kāinga Ora does have the roading powers in relation to the specified development project, the date (or a process for determining the date) on and from which Kāinga Ora has the roading powers; and
c: if Kāinga Ora seeks the consent of land owners and occupiers to the construction of water-related infrastructure on their land, the location, nature, and extent of work required to construct the water-related infrastructure on that land.
2: The section of the development plan on infrastructure—
a: may propose 1 or more bylaw changes that Kāinga Ora requires to be made ( see section 176
b: if it does propose 1 or more bylaw changes, must, for each proposed bylaw change, set out the matters in section 169(2)(a) to (f)
3: Sections 167 168
4: Kāinga Ora may not propose, as part of an amendment to a plan, any bylaw change that is substantially the same as one that Kāinga Ora requested in relation to the specified development project but was refused under section 172(b)
62: Further contents of development plan: funding
1: If the sources of funding include a development contribution, the development plan must include a development contributions policy prepared in accordance with sections 106 201 to 202A
2: If a targeted rate is to be a source of funding, the development plan must include the following matters:
a: for each rate, the matters set out in section 63
b: a rates remission policy and rates postponement policy prepared in accordance with sections 109 110
c: if the project area includes Māori freehold land, a policy on the remission and postponement of rates on Māori freehold land prepared in accordance with section 108
3: If the sources of funding include—
a: a targeted rate or development contributions, the development plan must identify the maximum amount of funding that will be derived from that source and applied to fund infrastructure (expressed as a percentage of the total cost of that work for the project):
b: infrastructure and service charges or administrative charges, the development plan must—
i: prescribe the charges in a schedule; and
ii: provide for a regular review of the charges.
4: For the purposes of subsections (1) and (2), the Local Government Act 2002
63: Further contents of development plan: targeted rates
1: The matters required in relation to each targeted rate are as follows: Key matters
a: the activity or group of activities to be funded by the rate, which must not be for any activity other than—
i: infrastructure:
ii: reserves:
iii: community facilities; and
b: the financial years for which the rate may be set; and
c: the maximum amount of revenue that may be recovered from that rate in each financial year or how that amount must be calculated; and
d: the factor or factors that must be used to calculate the rate; and Whether rate may apply to all or only some land
e: whether the rate may apply to all land within a project area or to only some of the land; and
f: if the rate may apply to only some of the land, the category or categories of land to which the rate may apply; and Whether rate may be set differentially
g: whether the rate may be set—
i: on a uniform basis for all of the land to which it applies; or
ii: differentially for different categories of the land; and
h: if the rate may be set differentially, the maximum amount of revenue that may be recovered from each category of land in each financial year or how that amount must be calculated. Factors for calculating rates
2: A factor specified under subsection (1)(d) may be—
a: a fixed charge per rating unit; or
b: any of the factors listed in Schedule 3
3: Different factors may be specified for different categories of land if a rate may be set differentially. Categories of land
4: For the purposes of subsection (1)(f) to (h), categories of land must be defined in terms of 1 or more of the matters listed in Schedule 2
5: For the purposes of subsections (2) and (4), the Local Government (Rating) Act 2002
a: a reference to an operative district plan
b: a reference to a local authority were a reference to Kāinga Ora. Section 63(5)(a) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
64: Provisions that modify
planning instruments
1: A development plan may incorporate material by reference, applying the provisions of Part 3
a: a reference to a plan or proposed plan included a development plan:
b: a reference to a local authority were a reference to Kāinga Ora:
c: a reference to the Minister were a reference to the responsible Minister under this Act.
2: Any objectives, policies, methods, or rules of a development plan that override, add to, or suspend any provisions of a regional policy statement or a plan made under the Resource Management Act 1991
a: not go beyond the scope provided for plans or regional policy statements prepared under the Resource Management Act 1991
b: provide for classes of activities to be specified that are consistent with those set out in section 87A
c: be clearly identified in the development plan; and
d: if relevant, enable the provision of all necessary infrastructure for a specified development project.
3: A development plan may include rules that—
a: apply to the whole of a project area or a part of a project area:
b: apply differently to different parts of a project area:
c: apply to different effects or classes of effects arising from an activity:
d: apply all of the time or for stated periods or seasons:
e: may be specific or general in their application:
f: manage activities that are not anticipated by the development plan. Section 64 heading amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 64(1) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 64(2) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Inclusion of designations in draft development plan
65: Existing designations for nationally significant infrastructure
1: If an existing designation within a project area is for nationally significant infrastructure, Kāinga Ora must—
a: notify the requiring authority in writing that the designation is to be included in the draft development plan for the relevant area unless the requiring authority specifies otherwise in writing; and
b: include the designation in the draft development plan without modifying it unless the requiring authority specifies otherwise or withdraws the designation.
2: Kāinga Ora must specify a date (which must be at least 30 working days later than the date of the notice) by which the requiring authority must respond to Kāinga Ora if the requiring authority does not wish the designation to be included without modification.
3: If a requiring authority advises that a designation is to be included in the draft development plan with modifications, the requiring authority must include in its written notice the nature of the modifications and the reasons for them.
4: Neither Kāinga Ora nor an IHP may remove or modify a designation that is included without modification in a draft development plan.
66: Existing designations that are not for nationally significant infrastructure
1: This section applies if a requiring authority has an existing designation within a project area that is not for nationally significant infrastructure.
2: Before Kāinga Ora publicly notifies a draft development plan under section 73
a: whether Kāinga Ora intends to include the designation, with or without modifying it, in the draft development plan for the relevant project area or exclude it; and
b: if the designation is to be included with modifications in the draft development plan, of the proposed modifications and reasons for them; and
c: if the designation is not to be included in the draft development plan, the reasons for not doing so.
3: A requiring authority notified under subsection (2) may, within 30 working days of receiving the notice, request that its existing designation be included in the draft development plan, with or without any modification that the requiring authority may identify.
4: Kāinga Ora may modify a designation in response to a request made under subsection (3).
5: If the requiring authority does not make a request to Kāinga Ora under subsection (3), Kāinga Ora may—
a: include the designation in the draft development plan; or
b: exclude the designation from the draft development plan; or
c: include the designation with modification.
6: If Kāinga Ora does not include the designation in the draft development plan, or includes it with modification, Kāinga Ora may provide an amended or replacement designation that enables the purposes of the designation to be achieved.
7: If an existing designation is for a network utility operation that is not nationally significant, and Kāinga Ora modifies it or does not include it in the development plan, Kāinga Ora must provide a designation that enables the objectives of the designation to be achieved, unless the requiring authority agrees otherwise.
8: A requiring authority whose designation is replaced, modified, or declined by Kāinga Ora under this section may make a submission under section 74
a: seeking modification of its designation that Kāinga Ora did not agree to:
b: setting out its support for, or objection to, a decision of Kāinga Ora under this section.
9: The IHP must consider Kāinga Ora’s decision and the requiring authority’s submission before making a recommendation on the matter to the responsible Minister prior to the Minister finally approving or declining to approve the development plan under section 83
10: An existing designation not included in a draft development plan continues to apply in the project area, but only until the draft development plan becomes operative.
11: To avoid doubt, this section does not—
a: apply if Kāinga Ora publicly notifies a change to the development plan; or
b: limit the right of a requiring authority to make a submission under section 74
67: New designations may be included before notification of draft development plan
1: Before notifying a draft development plan under section 73
2: Kāinga Ora must make available for public inspection all information about a requirement set out in a draft development plan under this section, including who the designation is to be transferred to. Preparation of development plan
68: Documents and other matters relevant to preparation of development plan
1: In preparing a development plan, Kāinga Ora—
a: may have regard to any matter it considers relevant to the specified development project; but
b: must have regard to each of the following documents, to the extent that they are relevant to the specified development project to which the plan relates:
i: regional policy statements, regional plans, and district plans made under the Resource Management Act 1991
ii: regional land transport plans and regional public transport plans made under the Land Transport Management Act 2003 Local Government (Auckland Council) Act 2009
iii: the long-term plans of relevant local authorities made under the Local Government Act 2002 Local Government (Auckland Council) Act 2009
iv: any spatial plans prepared under the Local Government (Auckland Council) Act 2009
iv:
v: the key urban design qualities set out in the Ministry for the Environment’s New Zealand Urban Design Protocol (2005) and any subsequent editions or replacements of that document:
vi: any relevant planning document recognised by an iwi authority or hapū and lodged with any relevant local authority, to the extent that it has a bearing on the resource management issues within the project area:
vii: any emissions reduction plan or national adaptation plan applying in a project area, in accordance with the Climate Change Response Act 2002
2: In addition, Kāinga Ora must, in relation to a planning document prepared by a customary marine title group under section 85
a: recognise and provide for the matters in that document, to the extent that they relate to a customary marine title area within the project area; and
b: take into account the matters in that document, to the extent that they relate to a part of the common marine and coastal area within the project area but outside the customary marine title area of the relevant group.
3: Kāinga Ora must also take into account the matters set out in section 101(3)(a) and (b) Part 4 Section 68(1)(b)(i) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 68(1)(b)(iv) inserted 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 68(1)(b)(iv) repealed 24 August 2023 section 75 Spatial Planning Act 2023 Documents to support contents of development plan
69: Evaluation report: general matters
1: Kāinga Ora must prepare an evaluation report on the provisions of the draft development plan, with particular attention to any proposal that would change the planning instruments
2: An evaluation report prepared under this section must be notified under section 73
3: The evaluation report is not subject to the public submission or IHP processes provided for under this subpart.
4: The report must—
a: examine the extent to which the objectives of the proposal in the draft development plan are the most appropriate way to achieve the project objectives, by—
i: identifying other reasonably practicable options for achieving the objectives; and
ii: assessing the efficiency and effectiveness of the provisions in achieving the objectives; and
iii: summarising the reasons for deciding on the provisions; and
b: contain a level of detail that corresponds to the scale and significance of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the provisions of the draft development plan; and
c: identify and assess the benefits and costs of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the provisions of the draft development plan, including the opportunities for—
i: economic growth that are anticipated to be provided or reduced; and
ii: employment that are anticipated to be provided or reduced; and
d: if practicable, quantify the benefits and costs referred to in paragraph (c); and
da: assess the risk of acting or not acting if there is uncertain or insufficient information about the subject matter of the provisions; and
e: summarise the recommendations and comments received on the draft development plan from Māori entities and the response, including any provisions that give effect to the recommendations or comments received; and
f: in relation to land within the project area, provide information on—
i: how Kāinga Ora intends to use any RFR land or land that is subject to other relevant redress under a Treaty settlement Act; and
ii: how undertakings or agreements between the Crown and a Māori entity for the future ownership, use, or management of the identified land are being upheld; and
iii: Māori interests in the project area and how these will be protected; and
iv: whether the development plan is consistent with the iwi planning documents applying in the relevant project area ( see section 89
5: If practicable, the benefits and costs referred to in subsection (4)(b) should be quantified.
6: The detail provided in an evaluation report must correspond to the scale and significance of the environmental, economic, social, and cultural effects that are anticipated from implementing the provisions of the development plan. Section 69(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 69(4)(a) replaced 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 69(4)(b) replaced 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 69(4)(c) replaced 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 69(4)(d) replaced 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 69(4)(da) inserted 24 August 2023 section 805(1) Natural and Built Environment Act 2023
70: Evaluation report: environmental matters
1: In addition to the matters required under section 69
a: how environmental constraints and opportunities associated with a specified development project will be managed; and
b: if relevant, a statement as to how the following matters have been provided for in the draft development plan:
i: the Māori cultural, archaeological, and historic heritage section 32(1)(e) subpart 1
ii: the recommendations of Heritage New Zealand Pouhere Taonga received as part of that assessment; and
c: a broad assessment of the likely effects on the environment of the matters reported on in paragraphs (a) and (b) and any recommendations of Heritage New Zealand Pouhere Taonga; and
d: how Kāinga Ora has had regard to—
i: any advice it has received from an entity responsible for the management of a natural resource within the project area; and
ii: any emissions reduction plan or national adaptation plan (as provided for in Parts 1B 1C
2: Section 69(5) and (6) Section 70(1)(b)(i) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
71: Evaluation report: infrastructure statement
As part of its evaluation report, Kāinga Ora must prepare an infrastructure statement that—
a: describes the infrastructure proposed to be constructed in the project area; and
b: assesses the effect of the proposed infrastructure on existing infrastructure, both within and outside the project area; and
c: states whether Kāinga Ora has entered into any binding agreements with any infrastructure provider; and
d: discloses whether Kāinga Ora proposes to construct new infrastructure on land not controlled by Kāinga Ora and whether it has obtained the consent of the owner of that land; and
e: states where further information will be available about the progress of the construction of the proposed infrastructure during the course of the specified development project; and
f: identifies any technical design standards or codes that have been adopted in the development plan; and
g: identifies the expected total costs of construction of the proposed infrastructure for the specified development project; and
h: includes details of the estimated operating costs associated with the proposed infrastructure. Process for notifying draft development plan
72: Preconditions to be met before draft development plan notified
Application of this section
1: This section applies before Kāinga Ora may publicly notify a draft development plan under section 73
2: Kāinga Ora must be satisfied that the requirements of sections 60 to 71 Obligations in relation to Māori interests
3: Kāinga Ora must advise the responsible Minister, the Minister for the Environment, the Minister for Māori Development, the Minister for Māori Crown Relations—Te Arawhiti, and the Minister for Treaty of Waitangi Negotiations in writing on the content of the draft development plan.
4: The Minister for Māori Crown Relations—Te Arawhiti, after consulting the Minister for the Environment and the Minister for Treaty of Waitangi Negotiations, must confirm in writing that the Minister is satisfied that—
a: any participation arrangement or redress having effect in all or part of the project area has been identified in the draft development plan; and
b: the draft development plan provides adequately for those matters and adequately takes into account the Crown’s obligation to provide redress for any future settlements of Treaty of Waitangi claims in the project area.
5: If any Māori land is included in a project area, the Minister for Māori Development must confirm in writing before the draft development plan is publicly notified that the plan is consistent with the principles set out in the Preamble to Te Ture Whenua Maori Act 1993
6: Subsection (7) applies if the draft development plan provides for a specified reserve within the project area to be set apart for the purposes of the specified development project.
7: Kāinga Ora must—
a: obtain the written consent of a post-settlement governance entity to the setting apart if—
i: the land comprising the reserve has, under a Treaty settlement Act, been vested in or transferred to the post-settlement governance entity; and
ii: the land is still held by the post-settlement governance entity or has been transferred to (and is still held by) the Crown or a local authority:
b: obtain and have regard to the views of a post-settlement governance entity on the setting apart if—
i: the reserve is held by a local authority; and
ii: the local authority has, under a Treaty settlement Act, entered into an agreement with the entity that provides a role for the entity, or a group represented by the entity, in the management of the reserve. Approvals by Minister of Conservation
8: Kāinga Ora must—
a: submit to the Minister of Conservation for approval any provisions in a draft development plan that override, add to, or suspend provisions in a regional coastal plan
b: if the draft development plan provides for the revocation or cancellation of a conservation interest in land that is not owned by Kāinga Ora, obtain the land owner’s agreement to the revocation or cancellation, subject to any conditions that the Minister of Conservation may impose on the use of the land.
9: If a specified development project is within, or includes any part of, the coastal marine area, a specified reserve, or land subject to any conservation interest, the following approvals of the Minister of Conservation are required for the development of the land under a specified development project before a draft development plan is publicly notified:
a: approval of any conditions applying to a proposal—
i: to set apart, classify, or vest an existing specified reserve or a proposed reserve:
ii: that relates to a covenant over land; and
b: approval of any provisions of the draft development plan that override, add to, or suspend the provisions of a regional coastal plan
10: In approving the matters specified in subsections (8) and (9), the Minister of Conservation must—
a: have regard to the classification of the reserve and the purpose of the classification under the relevant provisions of the Reserves Act 1977
b: have regard to the values and significance of the coastal marine area, specified reserve, or land that is subject to a conservation interest; and
c: be satisfied that approval will not compromise values of regional, national, or international significance; and
d: in the case of scenic reserves, be satisfied that any loss of scenic values will be appropriately mitigated by—
i: implementing measures to improve any remaining part of the reserve:
ii: offsetting the loss of all or part of the reserve by providing new reserve land in reasonable proximity to the community served by the original reserve and with the same purpose and values as the original reserve; and
e: in the case of historic reserves, be satisfied that adequate provision will be made for public visual appreciation of, and appropriate public access to, the historic heritage
f: in the case of esplanade reserves and esplanade strips, be satisfied that approval will not compromise the purposes of esplanade reserves and esplanade strips, as set out in section 229
g: in the case of a proposed reserve that is to become a Crown protected area, be satisfied that the proposed reserve name complies with any rules, standards, or guidelines developed under section 12(b) Approvals by local authority
11: If Kāinga Ora proposes, in a draft development plan, provisions relating to the use, modification, or disposal of a park or regional park, Kāinga Ora must—
a: advise the relevant local authority of the proposal; and
b: obtain the relevant local authority’s approval for the proposal. Approvals relating to common marine and coastal area
12: If Kāinga Ora proposes, in a draft development plan, to set apart a part of the common marine and coastal area for a specified work, Kāinga Ora must obtain approval to set apart the area for that purpose from the Minister of Transport or the Minister of Conservation, as the case requires. Approvals by Responsible Minister
13: Kāinga Ora must obtain approval in writing from the responsible Minister before giving public notice of the draft development plan. Section 72(8)(a) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 72(9)(b) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 72(10)(e) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 72(10)(f) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
73: Public notice
1: Kāinga Ora must give public notice of the draft development plan and supporting documents for a specified development project.
2: The notice must state—
a: that the draft development plan is subject to public submissions; and
b: where the draft development plan and evaluation report may be accessed; and
c: the date by which submissions must be received, which must be at least 20 working days after the date on which public notice is given; and
d: that submitters must clearly identify—
i: what, if any, changes they seek to make to the draft development plan; and
ii: whether the submitter wishes to be heard.
74: Public submissions
1: Any person may make a submission to Kāinga Ora on the draft development plan.
2: Submissions must—
a: be received by Kāinga Ora by the date given in the public notice; and
b: say whether the submitter wishes to be heard by the IHP; and
c: give an electronic address for service.
3: If a late submission is lodged, Kāinga Ora may recommend to the IHP whether it should accept or reject the late submission.
75: Kāinga Ora must consider, and make recommendations on, submissions
1: Once the submission period has closed, Kāinga Ora must—
a: consider all the submissions received under section 74
b: note its recommendations on the draft development plan or on matters raised in the submissions, with the reasons for accepting or rejecting the submissions; and
c: provide advice to the Minister of Conservation on any submissions received that relate to—
i: any conditions that the Minister of Conservation included in the development plan under section 72(9)(a)
ii: any approvals given by the Minister of Conservation under section 72(8) or (9)
iii: any changes to a condition or approval recommended by Kāinga Ora under paragraph (b); and
d: invite the Minister of Conservation to amend any changes proposed by Kāinga Ora under paragraph (c)(iii).
2: In preparing its recommendations on submissions, Kāinga Ora may—
a: group submissions according to topics or to the relevant provisions of the draft development plan rather than comment on each submission individually; and
b: propose changes to the draft development plan.
3: Kāinga Ora must provide the IHP with copies of any recommendations noted under subsection (1)(b). Establishment and role of IHP
76: Establishment of IHP
1: The responsible Minister must appoint an IHP to carry out the role described in section 77
2: The appointment of an IHP may be made at any time during the preparation of a draft development plan, but must be made not later than the last day on which submissions on the draft development plan will be received, as specified in the notice required by section 73(2)
3: Provisions on the establishment, membership, functions, powers, and procedure of an IHP are set out in Schedule 3
77: Purpose and role of IHP
1: The purpose of establishing an IHP for a specified development project is to ensure that a draft development plan is subject to a process of independent consideration.
2: The role of the IHP is—
a: to consider the draft development plan, and submissions provided to it by Kāinga Ora; and
b: to consider the recommendations of Kāinga Ora on the submissions; and
c: to provide to the responsible Minister, for the Minister’s determination under section 81
3: Kāinga Ora must provide the following to the IHP:
a: the draft development plan and supporting documents; and
b: the submissions (if any) received under section 74
c: any other information the IHP has requested for the purpose of considering the submissions provided to the IHP; and
d: Kāinga Ora’s recommendations and advice given under section 75(1)(b) and (c)
4: The IHP—
a: must consider, and hold hearings as required on, the submissions; and
b: may make any recommendations it considers appropriate in respect of the draft development plan.
78: Considerations relevant to IHP’s recommendations
1: In preparing its recommendations on a draft development plan, an IHP must have regard to—
a: all the information provided by Kāinga Ora; and
b: any information obtained by the IHP under subsection (2)(a); and
c: any relevant matters in the instruments referred to in section 58 section 68(1) and (2)
d: the project objectives.
2: An IHP may, at any time in its proceedings,—
a: request further information from Kāinga Ora or from any submitter or independent expert that is relevant and necessary for the IHP to make its recommendations:
b: make recommendations in respect of a particular topic after it has finished hearing submissions on that topic but is not required to make recommendations on each submission individually.
79: IHP recommendations
1: Not later that 9 months after the closing date for submissions notified under section 73 Mandatory matters
2: The report provided by the IHP must include the IHP’s recommendations (if any)—
a: on the draft development plan; and
b: any recommendations for amending that plan, together with the IHP’s reasons for the proposed amendments; and
c: on matters raised in submissions made in respect of the topic or topics covered by the report. Discretionary matters
3: An IHP may recommend that the draft development plan—
a: be approved in full; or
b: be approved subject to specified amendments; or
c: be rejected in full.
4: A report may also include recommendations on the use of any powers under this Act relating to infrastructure that are granted to Kāinga Ora. Prohibited matters
5: An IHP must not make a recommendation—
a: on any existing designation that is included in the draft development plan without modification and on which no submissions are received; or
b: to remove or amend a provision to set up a participation arrangement having effect in the project area or that would result in a participation arrangement ceasing to have effect; or
c: that is inconsistent with any agreement reached by mediation ( see clause 12 Changes recommended by IHP
6: Subsection (7) applies if an IHP recommends that changes be made to a draft development plan that would override, add to, or suspend any of the following:
a: any conditions of the Minister of Conservation included in the draft development plan under section 72(9)(a)
b: any approvals given by the Minister of Conservation under section 72(8) or (9)
7: The IHP must—
a: consult the Minister of Conservation on any proposed recommendations of the IHP; and
b: submit the changes agreed in the course of that consultation to the Minister of Conservation for the Minister’s approval. Minister’s decision on draft development plan
80: Kāinga Ora must advise responsible Minister on IHP recommendations
1: After Kāinga Ora has received the recommendations of the IHP, Kāinga Ora must provide advice to the responsible Minister on those recommendations.
2: If the advice shows that 1 or more of the IHP’s recommendations would limit the ability of decision makers under the development plan to achieve the project objectives,—
a: the responsible Minister may refer those recommendations back to the IHP for further consideration and revision, with reasons in writing for doing so; and
b: the IHP must reconsider the draft development plan and its recommendations, applying the requirements of sections 76 to 78
81: Minister’s determination on draft development plan
1: If the responsible Minister receives a report from an IHP with recommendations for changes to the draft development plan, the Minister may,—
a: subject to subsection (4), approve the plan with the changes recommended by the IHP; or
b: approve a recommendation of the IHP that the draft development plan be declined; or
c: refer any or all of the recommendations of the IHP back to the IHP for its further consideration.
2: However, if the IHP has recommended changes to the draft development plan, the responsible Minister must consult the Minister for Māori Crown Relations—Te Arawhiti and the Minister for Māori Development before the responsible Minister makes a determination under subsection (1).
3: If the responsible Minister refers some or all of the recommendations of the IHP back to the IHP, the Minister may, by written notice,—
a: identify the recommendations being referred back to the IHP for further consideration, with details of what must be reconsidered and why; or
b: refer the recommendations back to the IHP with or without any recommended changes.
4: The responsible Minister may alter the recommendations of the IHP, but only to the extent that an alteration is of minor effect or corrects a minor error.
5: If the responsible Minister refers a recommendation back to the IHP under subsection (3),—
a: the IHP must review its recommendations and all relevant information; and
b: the IHP may—
i: provide revised recommendations to the responsible Minister; or
ii: may decline to change its recommendations.
82: Matters Minister must consider
In making a decision under section 81
a: have regard to the relevant matters in the instruments listed in section 58 section 68(3)
b: give reasons in writing for the decision. Final approval and notification of development plan
83: Approval and notification of development plan as operative
1: If the IHP makes no recommendations in its report made under section 79(1)
2: If the responsible Minister approves the recommendations of the IHP, the draft development plan becomes the operative development plan on the day specified in the notice given under subsection (5).
3: If the responsible Minister approves a recommendation of the IHP to decline the draft development plan, notice of that must be given under subsection (5).
4: A decision of the responsible Minister under subsection (1) or (2) includes the approval of any provisions in the plan that override, add to, or suspend provisions in a regional coastal plan
5: After the responsible Minister has given approval under this section, Kāinga Ora must notify the draft development plan in the Gazette
a: the date on which the development plan becomes operative, which (subject to any appeals under section 85
b: that the development plan is available free of charge on the Kāinga Ora Internet site.
6: See section 20(2)
7: To avoid doubt,—
a: the following are confirmed or cancelled when the development plan becomes operative:
i: every notice of requirement, designation, or modification included by Kāinga Ora in a draft development plan; and
ii: all notices of requirement lodged by other requiring authorities for a designation or modifications of a designation included in a draft development plan:
b: the draft development plan does not become operative until all appeal rights under section 85 Section 83(4) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
84: Notice to Māori entities
Kāinga Ora must provide any relevant Māori entity with a copy of the statement of Kāinga Ora that the development plan is consistent with the iwi planning documents applying in the project area. Appeals
85: Appeal rights in relation to development plan
1: Any person who made a written submission under section 74
2: This section provides for the only right of appeal in respect of any aspect of a draft development plan, including in respect of the confirmation or cancellation of a notice of requirement, designation, or modification.
3: An appeal under subsection (1) may not be made later than 20 working days after the draft development plan is gazetted in accordance with section 83(5)
4: The High Court Rules 2016
5: An appeal against a decision of the High Court may be made to the Court of Appeal, but that appeal is a final appeal. Effect of development plan
86: Effect of development plan becoming operative
On and from the date on which a development plan is notified under section 83(5)(a)
a: Kāinga Ora is the consent authority for resource consent applications to the territorial authority for the project area, as defined in the development plan, unless the development plan provides otherwise or another exception applies ( see section 109(1)
b: a designation in a district plan see section 87(2)
c: Kāinga Ora is a territorial authority for the purpose of considering notices of requirement lodged by requiring authorities other than Kāinga Ora for designations in the project area:
d: under subpart 3
i: reserves may be set apart and new reserves may be created for the purposes of the specified development project ( see section 138(1)
ii: conservation interests may be revoked or cancelled for the purposes of the specified development project ( see section 138(4)
e: an approval given under section 72(11) section 81 Local Government Act 2002
f: Kāinga Ora may exercise the infrastructure powers set out in subpart 4 see section 140(1)
g: Kāinga Ora may use the various funding mechanisms provided for in Part 4 Section 86(a) replaced 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 86(b) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
87: Continuing application of
planning instruments
1: The planning instruments
2: Despite subsection (1), the provisions of a designation included in a district plan see section 83(5)(a)
3: However, if there is any inconsistency, the development plan prevails over any relevant planning instrument Section 87 heading amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 87(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 87(2) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 87(3) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
88: When development plan and
planning instruments
1: Subject to section 58 planning instrument that applies to the project area
2: However, subsection (1) does not apply to any objective, policy, rule, or other method relating to historic heritage included in a planning instrument, unless the change imposes more stringent management or protection for historic heritage. Section 88 heading amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 88(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 88(2) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
89: Status and relevance of iwi planning documents
1: If an enactment specifies that an iwi planning document is to be treated as part of a planning instrument
2: Subsection (1) has effect as if a reference in that enactment—
a: to a local authority were a reference to Kāinga Ora; and
b: to a planning instrument
3: Kāinga Ora is not bound by a Mana Whakahono a Rohe ( see subpart 2 Section 89(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 89(2)(b) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 89(3) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Review and amendment of development plans
90: Review of development plan by Kāinga Ora
1: Kāinga Ora—
a: may at any time review a development plan; but
b: must review a development plan not later than 10 years after its notification under section 83(5)
2: A review of a development plan must be publicly notified as if it were an amendment to that plan.
3: If under any iwi participation legislation
a: is required to review a planning instrument
b: is required to prepare or change a planning instrument
c: must notify a planning instrument see section 73 Section 90(3) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 90(3)(a) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 90(3)(b) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 90(3)(c) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
91: Amendment of development plan by Kāinga Ora
1: Kāinga Ora must not amend a development plan unless—
a: the process under this subpart is followed; and
b: any amendments are required to achieve the project objectives.
2: However, Kāinga Ora may amend a development plan without following the process required by sections 73 74
a: to maintain consistency with—
i: the planning instruments an instrument
ii: any relevant new or amended national direction
b: to make technical or incidental minor changes, and the responsible Minister has approved the changes.
3: Kāinga Ora may amend a development plan otherwise than as provided for by subsection (1) or (2), but must follow the processes set out in sections 73 74
4: When a development plan is amended, an evaluation report must be prepared in relation to the new content proposed for the development plan. Section 91(2)(a)(i) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 91(2)(a)(ii) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Private plan change to development plan
92: Requests for private changes to development plans
1: Any person may request a change to the way in which a planning instrument is modified by
a: the change is not requested within 2 years of the development plan becoming operative; and
b: Kāinga Ora has not notified a draft development plan that proposes changes to the development plan for the same project area; and
c: the requested change applies only to a part, and not the whole, of a project area.
2: Kāinga Ora may—
a: accept a request for a private plan change, with or without conditions; or
b: reject the request, but only on the grounds that the change requested—
i: is inconsistent with the project objectives; or
ii: applies to the whole of the project area; or
iii: relates to the same area, provisions, or matters of a specified development project in relation to which Kāinga Ora has already notified an amendment to the development plan; or
iv: is inconsistent with the purpose of this Act; or
v: is inconsistent with good resource management practice; or
vi: is frivolous or vexatious. Section 92(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
93: Process for requesting private change to development plan
1: A request for a change to a development plan must be made in writing to Kāinga Ora—
a: stating the purpose of, and reasons for, the proposed change; and
b: providing an evaluation report on the proposed change, prepared in accordance with sections 69 70
2: The provisions of Part 2 section 92 Section 93(2) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
3: Effect of specified development projects
1: Transitional period and general
94: Overview of this subpart
1: This subpart contains provisions applying, once a specified development project is established, in relation to—
a: planning and consenting in the project area; and
b: assistance, advice, information, and record-keeping.
2: Most of the planning and consenting provisions apply for, or relate to, only the period that starts on the establishment date of the relevant project and ends when the project’s development plan becomes operative (the transitional period
3: However, where indicated, a provision applies for a different period (for example, for the duration of the specified development project).
4: See also subpart 2
5: Sections 107 108 Planning and consenting: general
95: Continuing application of
planning instruments In the transitional period for a specified development project, except as modified by this subpart,—
a: the planning instruments
b: the relevant local authorities retain all of their functions, powers, and duties under the Resource Management Act 1991 Section 95 heading amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 95(a) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 95(b) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
96: Local authorities must include map of project area, etc, in
planning instruments
1: Without using the processes required for a plan change under Schedule 1
a: a map showing the area of any project area within its district or region; and
b: advice on where to access the relevant development plan or draft development plan.
2: The obligations under subsection (1) are obligations that apply—
a: as soon as practicable after any specified development project is established; and
b: for the duration of that project. Section 96 heading amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 96(1) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
97: Local authority may transfer consenting functions to Kāinga Ora
1: In the transitional period for a specified development project, a local authority may transfer to Kāinga Ora any 1 or more of the local authority’s functions, powers, or duties as a consent authority under the Resource Management Act 1991
2: Section 33
3: Section 111
4: On expiration of the transitional period, this section continues to apply in respect of any resource consent applications in the project area in respect of which a local authority is the consent authority ( see section 109 Section 97(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 97(2) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Regional or district plan Heading amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
98: Local authority preparing or changing plan must have regard to certain additional matters
1: This section applies if, in a transitional period, a local authority district or regional plan
2: The local authority Section 98(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 98(2) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
99: Relevant local authority
1: This section applies if a change to a district or regional plan
2: The relevant local authority must notify Kāinga Ora of that fact, in writing, at least 20 working days before whichever of the following is relevant to the plan change:
a: the date on which the relevant local authority considers whether to approve or adopt the plan change under clause 17 18
b: the date on which the relevant local authority submits the information required by clause 83(1) Section 99 heading amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 99(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 99(2) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
100: Power to decline plan change in project area by notice
Decision
1: Kāinga Ora may, within 15 working days of receiving a notice under section 99 an approval, adoption, or submission of information under clause 17 18 83(1)
a: decide that the plan change, or a part of the plan change, will not apply in the project area; and
b: give written notice to the relevant local authority
2: However, Kāinga Ora may only make and give notice of its decision under subsection (1) if Kāinga Ora considers that, in order to achieve the project objectives for the relevant specified development project, it is reasonably necessary to make that decision. Effects depend on written notice within time
3: A decision of Kāinga Ora under subsection (1)—
a: has the effects set out in subsection (5) only if the written notice is given to the relevant local authority
b: otherwise, has no effects.
4: If a decision relates to only part of a plan change, the notice by Kāinga Ora must clearly specify which part will not apply in the project area. Effects
5: The effects are that the plan change, or the specified part of the plan change, as relevant,—
a: does not become operative in respect of the project area; and
b: is declined to the extent that it would have applied to the project area.
6: The notice has no effect on any of the following:
a: the plan change being approved and becoming operative in respect of areas outside the project area:
b: in the case of a notice that relates to a specified part of the plan change, the rest of the plan change being approved and becoming operative in respect of the project area.
7: This section applies despite anything to the contrary in this Act or the Resource Management Act 1991 Section 100(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 100(1)(b) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 100(3)(a) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 100(7) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
101: Appeal rights in relation to exercise of section 100 power
1: Any 1 or more of the following persons may appeal to the High Court on a question of law in respect of a decision made by Kāinga Ora under section 100(1)
a: the applicant for the plan change (if any):
b: the relevant local authority:
c: any person who made a submission under the Resource Management Act 1991
2: A person who has a right of appeal under subsection (1)(c) may appeal only in respect of a matter raised in the person’s submission. Section 101(1)(c) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Decisions on resource consents in transitional period
102: Meaning of relevant application
1: Sections 103 to 106
a: an application for a resource consent for an activity wholly or partly within a project area:
b: an application for a change or cancellation of a condition of an existing resource consent applying in a project area.
2: An application described in subsection (1)(a) or (b) is relevant
a: it was received by the local authority before the date on which the specified development project was established but is not decided by the local authority before that date; or
b: it is received by the local authority in the transitional period.
3: However, an application described in subsection (1)(a) or (b) is not relevant
a: Kāinga Ora is the applicant; or
b: Kāinga Ora has given its written approval to the application; or
c: the application is not complete.
4: In this section, local authority Resource Management Act 1991 Section 102(4) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
103: What consent authority must do with relevant applications
1: This section applies, despite anything to the contrary in the Resource Management Act 1991 section 102
2: Before the consent authority may grant the resource consent or change or cancel the condition, it must give to Kāinga Ora a copy of the relevant application, along with a copy of the following, in order that Kāinga Ora may make a decision under section 104(1)
a: the consent authority’s draft decision; and
b: any conditions that the consent authority would impose on the resource consent.
3: If, within 10 working days of the date on which the consent authority gives Kāinga Ora all of the information required by subsection (2), the consent authority receives written notice of a decision of Kāinga Ora under section 104(1)
4: Subsection (5) applies to the time period between—
a: the date on which the consent authority gives Kāinga Ora the documentation under subsection (2) ( date A
b: the earlier of—
i: the date that is 10 working days after date A:
ii: the date on which the consent authority receives written notice of a decision of Kāinga Ora under section 104
5: That time period is excluded from any time limits under the Resource Management Act 1991 Section 103(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 103(5) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
104: Power to decline relevant applications or impose or modify conditions
1: Kāinga Ora may, within 10 working days of receiving documentation under section 103(2)
a: decide to decline all or part of the relevant application, to impose conditions on the resource consent, or to modify any conditions that the consent authority would impose on the resource consent; and
b: give written notice to the consent authority of its decision, with reasons.
2: However, Kāinga Ora may only make and give notice of a decision under subsection (1) if Kāinga Ora considers that, in order to achieve the project objectives for the relevant project, it is reasonably necessary to make that decision.
3: When exercising a power under subsection (1), sections 104 to 111 Part 2 subpart 1 Section 104(3) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
105: Right of objection in relation to exercise of section 104 power
1: The applicant or the consent holder has a right of objection in relation to a decision of Kāinga Ora under section 104(1)
2: The objection must be heard by a hearings commissioner.
3: Sections 357C to 358 section 357A(1)(f) or (g) Section 105(3) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
106: Appeal rights in relation to exercise of section 104 power
Section 129 section 104(1)
a: a reference, in section 129 section 104(1)
b: the consent authority is treated as if it were listed in section 129(1) section 104(1) Assistance, information, advice, and record-keeping: project duration
107: Kāinga Ora and territorial authorities must assist persons seeking to determine who does what
Kāinga Ora and every relevant territorial authority for a project area (the agencies
108: Information, advice, and record-keeping obligations from establishment
1: Subsection (2) applies if a Treaty settlement Act, Treaty settlement deed, or other iwi participation legislation
a: to keep and maintain records under section 35A
b: to provide certain information or advice at the request of a Māori entity.
2: Kāinga Ora must—
a: comply with the requirement in subsection (1)(a) as if it were the local authority; and
b: comply with a request from a relevant Māori entity for information or advice as if it were the local authority, to the extent that Kāinga Ora holds the information or can provide the advice.
3: If an advisory board, committee, or authority has been established under a Treaty settlement Act, Treaty settlement deed, or other iwi participation legislation
a: respond to the advice given:
b: seek, and have regard to, any advice if Kāinga Ora—
i: is preparing, changing, or reviewing a development plan:
ii: publishes a draft development plan for public consultation. Section 108(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 108(1)(a) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 108(3) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
2: Resource consenting and designations for specified development project
Role of Kāinga Ora as consent authority
109: Role of Kāinga Ora in relation to resource consent applications
1: On and from the date on which a development plan for a specified development project becomes operative in accordance with section 83
a: is the consent authority under the Resource Management Act 1991
b: is not the consent authority if—
i: a regional council, the Minister for the Environment, or the Environmental Protection Authority would be the consent authority under the Resource Management Act 1991
ii: the development plan states that Kāinga Ora is not to be the consent authority (in which case each relevant territorial authority is the consent authority for the part of the project area that is within its district and this section and sections 110 to 128
2: Kāinga Ora must also perform the functions of monitoring, enforcing, and promoting compliance in a project area for—
a: resource consents granted by Kāinga Ora; and
b: activities specified as permitted activities in the district plan as amended by
c: activities not permitted under the district plan as amended by
3: For the purposes of carrying out its functions under subsection (2), Kāinga Ora may, as if it were a local authority, authorise enforcement officers under section 38
4: Enforcement undertaken under this subpart in respect of activities that are not permitted under the development plan or by a resource consent must comply with the requirements for entry onto private property under sections 332 334 335
5: If a Treaty settlement Act, Treaty settlement deed, or other iwi participation legislation
6: The matters referred to in subsection (5) are—
a: priorities and methods for monitoring, and the extent of, and responses to, that monitoring; and
b: the role of the Māori entity in monitoring and enforcement. Section 109(1)(a) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 109(1)(b) replaced 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 109(1)(b)(i) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 109(2)(b) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 109(2)(c) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 109(3) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 109(4) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 109(5) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
110: Monitoring and enforcement of subdivision consents
1: In relation to subdivision consents within a project area, the functions of a territorial authority in respect of monitoring and enforcement under Part 10
2: Part 10 Section 110(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 110(2) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
111: Governance principle applying to Kāinga Ora acting as consent authority
When Kāinga Ora is performing the functions or exercising the powers of a consent authority under this subpart, it must ensure that, so far as is practicable, the responsibility and processes relevant to its regulatory responsibilities are separated from the responsibility and processes for non-regulatory decision making.
112: Certain obligations to post-settlement governance entities continue under this Act
1: This section applies if Kāinga Ora is the consent authority for a project area that includes land subject to a statutory acknowledgement, deed of recognition, or overlay classification under a Treaty settlement Act.
2: The consent authority is subject to the same obligations as apply to the consent authority or other party under the relevant Treaty settlement Act.
3: In this section, the terms statutory acknowledgement, deed of recognition overlay classification
112A: Kāinga Ora may transfer consenting functions to relevant territorial authorities
1: Kāinga Ora may, at any time, transfer its functions, duties, and powers under sections 109 110
2: Kāinga Ora—
a: must give each relevant territorial authority at least 20 working days’ written notice of the transfer; but
b: may make the transfer regardless of whether the relevant territorial authority agrees to it.
3: Nothing in subsection (2)(b) limits the ability of Kāinga Ora and a relevant territorial authority to agree the terms of a transfer.
4: If Kāinga Ora makes a transfer under this section to a relevant territorial authority, the territorial authority is the consent authority for the part of the project area that is within its district and sections 109 to 112 113 to 128 Section 112A inserted 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Basis of decision making in relation to resource consent applications under this Part
113: Resource consents: decision-making framework
1: Every person exercising a power in relation to a resource consent application under this subpart must have regard to the following matters, giving them weight in the order listed, from greater to lesser:
a: the project objectives; and
b: the matters that arise for consideration under sections 104 to 107
2: The modifications referred to in subsection (1)(b) are:
a: a reference to Part 2 subpart 1
b: a reference to a plan or proposed plan is to be read as a reference to a plan as overridden by, added to, or suspended by a development plan.
3: Subsection (4) applies if a Treaty settlement Act, Treaty settlement deed, or other iwi participation legislation
a: provides for a Māori entity to prepare, or contribute to, an iwi planning document for a district that is, or overlaps with, a project area and requires the relevant local authority to have regard to that planning document when determining resource consent applications under the district plan
b: provides an obligation for the local authority and a Māori entity jointly to develop criteria to assist local authority decision making in relation to resource consent applications.
4: When Kāinga Ora is acting as a consent authority in a project area, Kāinga Ora has the obligations described in subsection (3) as if it were the local authority and the development plan were a district plan Section 113(1)(b) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 113(2) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 113(3) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 113(3)(a) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 113(4) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Application of provisions of Resource Management Act 1991 Heading amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
114: Resource consents required for activities relating to specified development project
1: The restrictions applying to activities under sections 9 to 15
2: Sections 87AA to 87D
a: a reference to a plan or proposed plan means a plan as overridden by, added to, or suspended by a development plan; and
b: a reference to a consent authority includes a reference to Kāinga Ora.
3: The following provisions of the Resource Management Act 1991
a: section 87E
b: section 87F
c: section 87G(6) and (7) section 113 Section 114(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 114(2) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 114(3) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Resource consent processes
115: Applications for resource consents
1: Any person may apply to the consent authority for a resource consent for an activity to be undertaken within a project area.
2: An application must be made in the form and manner prescribed under section 88(2)
a: information relating to the activity, including information specified by the development plan; and
b: an assessment of environmental effects that complies, to the extent that is relevant, with Schedule 4 Part 2 subpart 1 Complete applications
3: An application is complete if it—
a: includes the information required for the assessment of environmental effects ( see
b: provides the additional information (if any) required by the development plan.
4: A consent authority must—
a: assess and determine whether an application is complete—
i: for any application for a controlled or restricted discretionary
ii: for an application for a discretionary or non-complying
b: return an incomplete application to the applicant without delay, giving its reasons in writing for determining that the application is incomplete.
5: If the applicant lodges the returned application again, it is to be treated as a new application.
6: Except as expressly applied in this section, section 88 Section 115(2) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 115(2)(b) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 115(4)(a)(i) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 115(4)(a)(i) amended 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 115(4)(a)(ii) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 115(4)(a)(ii) amended 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 115(6) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
116: Processing of applications
1: If an application is accepted as complete in accordance with section 115(4)
2: Sections 88A to 88E 89 89A
3: Section 91 Resource Management Act 1991 see section 91(1)(a) Section 116(2) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 116(3) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
117: Deferral and suspension
Sections 91A to 91F Resource Management Act 1991 Section 117 replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
118: Further information may be requested at any time
1: A consent authority may at any time, in accordance with section 92
2: Sections 92A 92B Section 118(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 118(2) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
119: Notification
1: A consent authority must notify applications for resource consents if—
a: a provision in the relevant development plan specifies that notification is required; or
b: the consent authority determines that notification is required, and the nature of that notification, in accordance with subsection (3).
2: However, subsection (1) does not apply if a rule in the development plan, or in a plan as modified by
3: For activities other than those required to be notified by rules in a development plan, district plan, or regional plan, the consent authority may determine whether to notify an application for a resource consent, applying the relevant provisions of sections 95 to 95G
a: a reference to a district plan as including a reference to a development plan; and
b: a reference to a rule as including a reference to a rule in a development plan; and
c: the time limits required under subsection (4) instead of those provided for in section 95(2)
4: The consent authority must,—
a: for controlled and restricted discretionary
b: for all other activities, decide whether to notify within 20 working days after the application is first lodged.
5: The consent authority must make its decisions under subsection (3) in accordance with sections 95A 95B
6: A rule for notification in a district or regional plan under the Resource Management Act 1991 Section 119(2) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 119(3) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 119(4)(a) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 119(4)(a) amended 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 119(6) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Processing applications
120: Time limits for giving notice of decisions
1: For resource consent applications lodged under the development plan but not notified under section 119
a: for applications for controlled or restricted discretionary
b: for all other applications, within 20 working days of the application first being lodged.
2: A consent authority must issue its decision on an application notified under this subpart within the following time limits:
a: if a hearing is held, not later than 15 working days after the last day of the hearing:
b: if no hearing is held, not later than 20 working days after the closing date for submissions on the application.
3: This section applies instead of section 115 Section 120(1)(a) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 120(1)(a) amended 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 120(3) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Notified applications: submissions
121: Submission process for notified applications
1: If an application is given public or limited notification, sections 96 to 99A 100A
a: who may make a submission:
b: service of submissions:
c: time limits for serving submissions.
2: A consent authority may, at its own discretion, extend the time for making submissions.
3: In applying section 100A(2) and (4) Section 121(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 121(3) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Hearings
122: Receipt and consideration of submissions
1: A consent authority must receive and formally consider all submissions lodged in accordance with this subpart.
2: A public hearing may be held if the applicant or 1 or more submitters request to be heard (so long as subsection (3) does not apply).
3: A request under subsection (2) may include a request that Kāinga Ora delegate its functions, powers, and duties relating to a hearing to a hearings commissioner or the local authority, but such a request must be made not later than 5 working days after the closing date for submissions to be received on a notified application.
4: Even if no request is made for a hearing, the consent authority may hold a hearing if it considers that a hearing is necessary.
5: Despite subsections (2) to (4), there is no right to a hearing in respect of applications for resource consents for land use or subdivision activities that are controlled or restricted discretionary activities under the district plan as that plan is modified by the development plan.
6: However, this section applies subject to section 41D Section 122(5) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 122(6) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
123: Hearings
Sections 101 to 103B
a: in section 101(3)
b: in section 102(2)
c: in section 103B(2)(a) section 42A(1) Section 123 amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 123(a) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 123(b) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 123(c) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
124: Alternate appointments to hear and determine consent applications
If a right is granted under a Treaty settlement Act, Treaty settlement deed, or other iwi participation legislation to a Māori entity to appoint persons to hear and determine resource consent applications, that right continues to apply under this Act to applications that relate to all or part of a project area as if—
a: the persons appointed under that Treaty settlement Act, Treaty settlement deed, or other iwi participation legislation
b: the development plan were the regional or district plan Section 124(a) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 124(b) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Conditions of resource consents
125: Conditions and other obligations
Sections 108 to 111
a: in section 108(10)(a)
b: in section 108AA(1)(b)(ii)
c: in section 109(3) section 171 section 280 Section 125 replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Decision to be in writing and served on specified persons
126: Form and service of decision
1: Sections 113 114(1) to (3)
a: in section 113(1)(aa)
b: in section 113(1)(ab)
c: section 114(2)
2: Kāinga Ora must serve a copy of its decision on the relevant local authority. Section 126(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 126(1)(a) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 126(1)(b) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 126(1)(c) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 When resource consents commence
127: Commencement of resource consents
Sections 116 to 119A Reserves Act 1977 Section 127 amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Rights of objection and appeal
128: Rights of objection under this Act
1: Sections 357 to 358
2: Any objection must be heard by a hearings commissioner. Section 128(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
129: Appeal rights in relation to resource consents in project area
1: The following persons may appeal to the Environment Court against a decision of a consent authority:
a: the applicant or consent holder:
b: any person who made a submission on the application, but only in relation to matters raised in the submission:
c: in relation to a coastal permit for a restricted coastal activity, the Minister of Conservation.
2: Kāinga Ora may be a party to any appeal on a resource consent decision that relates to a project area.
3: An appeal under subsection (1) is to be treated as if it were an appeal under section 120
4: Section 121
5: An appeal may be made to the High Court against a decision of the Environment Court, but the appeal may be made only on points of law.
6: The High Court is the final court of appeal on matters to which this section applies. Section 129(3) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 129(4) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
130: Right of appeal against direction given under section 85 of Resource Management Act 1991
Nothing in this Act limits or affects a right of appeal to the High Court on points of law under section 299 section 85 Section 130 replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Designations
131: Kāinga Ora is requiring authority
1: Kāinga Ora is to be treated as being approved as a network utility operator and a requiring authority under section 167
a: certain activities within a project area, in accordance with the requirements of subsection (2); and
b: certain activities outside a project area, in accordance with the requirements of subsection (3). Activities within project area
2: If an activity is reasonably necessary for achieving the project objectives of a specified development project, Kāinga Ora may exercise its discretion to be the requiring authority within the project area for the following activities:
a: infrastructure:
b: community facilities:
c: any designation that is to be transferred to a Minister of the Crown. Activities outside a project area
3: Kāinga Ora may exercise its discretion to be the requiring authority outside a project area for the activities listed in subsection (4), if the activities are—
a: intended to connect to, or support, the development of a specified development project; and
b: reasonably necessary for achieving the project objectives for a specified development project.
4: The activities referred to in subsection (3) are:
a: three waters services; and
b: land transport within the meaning of the Land Transport Management Act 2003
c: public transport services within the meaning of the Land Transport Management Act 2003 Section 131(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
132: Notices of requirements for designations
1: This section applies only to designations for which Kāinga Ora is not the requiring authority.
2: This section and section 134
a: is incorporated into the development plan for a project area; and
b: is altered after its incorporation into a development plan.
3: Sections 168 to 186 section 168A 170
a: a reference to Part 2 subpart 1
b: a reference to the territorial authority were a reference to Kāinga Ora, as the context may require; and
c: a reference to a rule in section 169 sections 149ZCB 149ZCC 149ZCD 149ZCE 149ZCF
d: a reference to a district plan were a reference to a development plan; and
e: references to both a district and regional plan were references to a plan as modified by a development plan ( see sections 171(1)(a)(iv) 176(2)
f: the reference to section 170 section 169(2) section 134(4)
g: the reference to a proposed plan in section 178(3)(e)
h: a reference to a recommendation of a territorial authority were a reference to a decision of Kāinga Ora; and
i: a reference to the process under Schedule 1 subpart 2
j: a reference to clause 4
4: References to a proposed district plan in sections 175 176 177 181
5: Section 180
6: Section 186 Section 132(3) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 132(4) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 132(5) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 132(6) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
133: Further modifications to
Part 8 of Resource Management Act 1991
1: Despite section 176(1)
2: However, the other requiring authority must obtain the permission of Kāinga Ora under section 176(1)(b)
3: In applying section 177
a: must be treated as the earliest designation that applies in the project area; but
b: must not be treated as having been introduced earlier than an existing heritage order recorded in the district plan
4: Subsections (1), (2), and (3) do not apply to designations for nationally significant infrastructure.
5: Section 171(1) Part 8
a: all the matters set out in that subsection; and
b: the relevant project objectives; and
c: whether the work and designation are reasonably necessary for achieving those project objectives.
5A: Sections 527 528
a: section 527(2)
b: section 527(3)
i: have regard to the matters set out in that subsection (other than subsection (3)(b)); and
ii: have particular regard to—
A: the project objectives of the specified development project and subpart 1
B: whether the work and designation are reasonably necessary for achieving the project objectives:
c: a requiring authority making a decision under section 528
6: Section 178(2) to (6)
a: on and from the day on which a notice of requirement is lodged, if a requiring authority gives notice of the requirement for a designation in a project area:
b: when the draft development plan for a project area is notified under section 73 Section 133 heading amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 133(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 133(2) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 133(3) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 133(3)(b) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 133(5) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 133(5A) inserted 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 133(6) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
134: Approval of Kāinga Ora to lodge notice of requirement for new designations
1: This section applies if a local authority or a requiring authority (other than Kāinga Ora) intends to issue a notice of requirement—
a: for a designation within a project area; or
b: to alter an existing designation in a development plan.
2: Before a requiring authority may lodge a notice of requirement, the requiring authority must obtain the approval of Kāinga Ora.
3: Kāinga Ora has discretion to grant or decline approval, after taking into account—
a: the relevant project objectives; and
b: the objectives of the requiring authority for the designation.
4: Kāinga Ora must include the requirement in the draft development plan if—
a: the preconditions in section 72
b: the draft development plan is ready to be publicly notified; and
c: Kāinga Ora intends to give public notice within 40 working days of receiving notice of a requirement.
5: If Kāinga Ora does not approve a notice of requirement lodged by a requiring authority under this subpart, the requiring authority may exercise a right of objection to a hearings commissioner under section 128
6: This section does not apply to a notice of requirement for a designation, or alteration to a designation,—
a: issued by a Minister of the Crown; or
b: for nationally significant infrastructure.
135: Notice of requirement for proposals of national significance
1: This section applies to a notice of requirement for a designation or to alter a designation that would be wholly or partly within a project area.
2: A requiring authority must not lodge a requirement with the Environmental Protection Authority under section 145 Section 135(2) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
136: Process applying to new or modified designations after development plan becomes operative
1: This section applies if, after the development plan for a specified development project becomes operative under section 83
a: to establish a new designation within or outside a project area; or
b: to alter an existing designation held by Kāinga Ora that applies within or outside a project area.
2: In either case, Kāinga Ora must lodge a notice of requirement with the relevant territorial authority in accordance with section 168
3: Kāinga Ora must state in the notice of requirement to whom the designation is to be transferred.
4: Sections 169 to 185 section 175
5: The modifications to the Resource Management Act 1991 section 132(3)(a), (c), and (d), (4), (5), and (6)
6: A designation applying wholly within a project area must be included in the development plan that applies in the project area.
7: A designation applying wholly outside a project area must be included in the relevant district plan, as required by section 175
8: If a designation is partly within and partly outside a project area,—
a: the part of the designation within the project area must be included in the development plan; but
b: the part of the designation outside the project area must be included in the district plan
9: A designation referred to in subsection (6), (7), or (8) must be included in a development plan or district plan, as the case requires, without applying section 91 Schedule 1 Section 136(2) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 136(4) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 136(5) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 136(7) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 136(8)(b) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 136(9) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
3: Reserves and conservation interests
137: Kāinga Ora may request that reserve status or conservation interest be revoked
1: Kāinga Ora may request that—
a: the Minister for Land Information give effect to provisions in a development plan that provide for a specified reserve within the project area to be set apart for the purposes of the specified development project; or
b: the Minister of Conservation give effect to provisions in a development plan that provide for a conservation interest in land within the project area to be revoked or cancelled.
2: The request must—
a: describe the land to which it relates and include any relevant survey plans; and
b: identify the provisions in the development plan that provide for the setting apart or revocation or cancellation; and
c: include any other information reasonably required by the Minister for Land Information or the Minister of Conservation.
138: Minister must give effect to development plan following request under section 137
Setting apart of reserve
1: The Minister for Land Information must, in accordance with a request under section 137(1)(a) Gazette
2: Section 82 section 24
3: To the extent that the specified reserve is subject to another enactment that provides for the land’s status as a reserve or relates to the land in its status as a reserve, that enactment ceases to apply to the land when the reserve is set apart. Revocation or cancellation of conservation interest
4: The Minister of Conservation must, in accordance with a request under section 137(1)(b)
a: applying in writing to the Registrar-General of Land to remove any registration or notation of the conservation interest from the record of title for the land; and
b: doing anything else necessary to revoke or cancel the conservation interest.
5: The Registrar-General of Land must remove a registration or notation of a conservation interest in accordance with an application under subsection (4)(a).
139: Creation, classification, and vesting of reserves
1: Kāinga Ora may request that the Minister of Conservation give effect to provisions in a development plan that provide for 1 or more of the following to occur within the project area:
a: land to be set apart as a reserve:
b: a reserve to be classified according to its principal or primary purpose (as defined in sections 17 to 23
c: a reserve to be vested in any 1 or more persons specified in the development plan.
2: The request must—
a: describe the land to which it relates and include any relevant survey plans; and
b: identify the provisions in the development plan that provide for the setting apart, classification, or vesting; and
c: include any other information reasonably required by the Minister of Conservation.
3: The Minister of Conservation must, in accordance with the request, give effect to the provisions of the development plan—
a: by notice in the Gazette
b: by notice under section 16(1)
c: by making a recommendation under section 16A(2)
d: by notice under section 26(1)
4: For the purposes of subsection (3), the Reserves Act 1977
a: sections 16(4) 16A(4) 26(3)
b: section 26(1)
5: If a reserve that is, or is to be, a Crown protected area is to be classified under subsection (3)(b) or (c),—
a: the Minister of Conservation must, before giving the notice or making the recommendation, refer the proposed name of the reserve, with supporting documentation, to the New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa for review under section 27(3)
b: subpart 3
4: Infrastructure
Preliminary provisions
140: Application of this subpart
1: This subpart applies in relation to a specified development project once the project’s development plan becomes operative.
2: However, section 179
3: Section 164
141: Overview of this subpart
1: Broadly, this subpart provides for Kāinga Ora to have—
a: functions and powers in relation to roads (the roading powers
b: powers in relation to water-related infrastructure (the water-related infrastructure powers
2: This subpart also contains provisions for bylaw changes related to infrastructure. Roading powers
3: If Kāinga Ora has the roading powers for a specified development project, Kāinga Ora has all of the roading powers.
4: The roading powers relate only to roads within project areas. Water-related infrastructure powers
5: Broadly, the water-related infrastructure powers relate to constructing and altering, but not operating, water supply, wastewater, and drainage infrastructure.
6: The water-related infrastructure powers relate to land and water-related infrastructure within project areas and, to a degree, outside project areas ( see section 151(1)(b) Bylaw changes
7: Under this subpart, Kāinga Ora has no power to amend, revoke, or make bylaws. However, it may—
a: require bylaw changes by way of including them in a development plan; and
b: request, and, in some circumstances ( see section 174
142: Interpretation for this subpart
1: In this subpart, unless the context otherwise requires,— bylaw-making authority controlling authority owner relevant territorial authority water-related infrastructure
a: three waters services:
b: the supply of water through water races:
c: drainage and rivers clearance.
2: A reference to alter or construct includes a reference to—
a: carrying out preliminary work associated with those works (for example, design); and
b: carrying out work subsequent to those works for the purpose of ensuring operability of those works (for example, testing).
3: A reference to something being done on, under, or over any land (including any road) includes a reference to something being done on, under, or over a building on that land. Section 142(1) water-related infrastructure replaced 17 February 2024 section 12(1) Water Services Acts Repeal Act 2024 Roads
143: Meaning of roading powers
In this Act, roading powers
a: the functions and powers of a local authority and an enforcement authority under the Land Transport Act 1998
b: the functions and powers of a council under Part 21
i: the power to name or alter the name of a road under section 319(1)(j)
ii: the functions and powers under sections 316(2) 319A 319B 347 to 352
iii: any power to make a bylaw under a provision of that Act or an authorisation gazetted under section 360
c: the powers of a council under section 591
d: the functions and powers of a local authority, a territorial authority, and a controlling authority under Part 4 section 62(1)
e: the functions and powers of a road controlling authority and a local authority under the Land Transport Act 1998 section 22AB
f: the functions and powers of a public road controlling authority under Part 2 2009 No 32 s 46(1)(a)–(e), (g), (i), (4)
144: Kāinga Ora has roading powers if stated in development plan
1: This section applies only if a development plan for a specified development project states—
a: that Kāinga Ora has the roading powers; and
b: the date (or a process for determining the date) on and from which Kāinga Ora has the roading powers.
2: On and from that date, Kāinga Ora has all of the roading powers in relation to roads within the project area other than roads under the control of the New Zealand Transport Agency.
3: The enactments in section 143
a: as if references in those enactments to a council or other statutory body included references to Kāinga Ora; and
b: as if references in those enactments to a district included references to the project area; and
c: as if references in those enactments to a district plan
d: with all other necessary modifications.
4: Part 4
5: Section 326 subpart 4
6: Nothing in this section vests ownership of any road, land, or other property in Kāinga Ora or affects the operation of section 316(1)
7: Subsection (2) is subject to section 147 Section 144(3)(c) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
145: Additional functions if Kāinga Ora has roading powers
If Kāinga Ora has the roading powers for roads within a project area, the following are additional functions of Kāinga Ora in relation to the project area:
a: to undertake or exercise any transport functions or powers that a relevant territorial authority lawfully delegates to it (for example, management of off-street parking facilities), but not including the functions and powers of a regional council under Part 5
b: without limiting paragraph (a), to undertake or exercise any transport functions or powers expressly conferred on a relevant territorial authority by any enactment (for example, under a local Act) that the relevant territorial authority lawfully delegates to it; and
c: to undertake or exercise any functions, powers, and duties in respect of State highways that the New Zealand Transport Agency lawfully delegates to it. 2009 No 32 s 45(d)–(f)
146: Kāinga Ora has jurisdiction over roads for which it has roading powers
If Kāinga Ora has the roading powers for roads within a project area,—
a: Kāinga Ora has jurisdiction over those roads for the purposes of any enactment; and
b: Kāinga Ora is the corridor manager for those roads for the purposes of the Utilities Access Code (which applies to Kāinga Ora with all necessary modifications).
147: Limitations on Kāinga Ora exercising roading powers
Powers of entry
1: If, in accordance with a roading power that Kāinga Ora has for a project that provides for a power of entry, Kāinga Ora decides to enter land or a building, subpart 1
2: Anything in the roading power that is inconsistent with subpart 1 Disposal of land
3: If Kāinga Ora has the roading powers for roads in a project area and decides, under section 345
a: Kāinga Ora must inform the relevant territorial authority, in writing, of its decision; and
b: the relevant territorial authority must dispose of the land in accordance with the requirements of the Local Government Act 1974
c: if requested by the relevant territorial authority, Kāinga Ora must reimburse the relevant territorial authority for its administrative costs incurred in undertaking the disposal.
4: Unless Kāinga Ora owns the land, nothing in subsection (3) entitles Kāinga Ora to any proceeds from the sale or other disposition of the land not required for a road (and see section 144(6) 2009 No 32 s 48(1), (2)
148: Relevant territorial authority prohibited from performing functions and exercising powers that Kāinga Ora has under section 144(2)
1: The relevant territorial authority (or other statutory body) must not perform any function or exercise any power that Kāinga Ora has in accordance with section 144(2)
2: Subsection (1) applies unless the board of Kāinga Ora delegates the performance of the function or the exercise of power to the relevant territorial authority in accordance with any power it has to do so. 2009 No 32 s 50(1), (3)
149: Jurisdiction in respect of roads defined more widely than in Local Government Act 1974
1: Nothing in this subpart—
a: limits or affects a relevant territorial authority’s jurisdiction in respect of roads within the meaning of section 2(1) section 315
b: confers jurisdiction on Kāinga Ora in respect of roads within the meaning of section 2(1) section 315
2: This section is to avoid doubt. 2009 No 32 ss 52 56 Water-related infrastructure
150: Meaning of water-related infrastructure powers
1: In this Act, water-related infrastructure powers
a: the power to construct any new water-related infrastructure on, under, or over any land (including any road):
b: the power to alter any water-related infrastructure that Kāinga Ora does not control.
2: For the purposes of subsection (1), alter
a: extend, upgrade, replace, connect to, or move:
b: disconnect from, demolish, remove, or dispose of (in each case, with or without replacement).
151: Kāinga Ora has water-related infrastructure powers when development plan becomes operative
1: On and from the date on which a project’s development plan becomes operative, Kāinga Ora has the water-related infrastructure powers in relation to existing, and new, water-related infrastructure—
a: within the project area; and
b: outside the project area, but only to the extent that existing, or new, water-related infrastructure connects to or services (or will connect to or service) the project area.
2: In the case of private land, the exercise of the water-related infrastructure powers is subject to the Public Works Act 1981
3: Subsection (1) is subject to sections 153 to 161
4: See also section 17(2)
5: See subpart 1
152: Construction of new water-related infrastructure on, under, or over roads
1: This section applies if Kāinga Ora proposes to exercise a water-related infrastructure power to construct new water-related infrastructure on, under, or over any road.
2: The Utilities Access Act 2010
3: However, despite anything in the Utilities Access Code, no corridor manager or utility operator may impose conditions that would, or would likely, prevent or unreasonably delay delivery of the project or the project objectives being achieved.
153: Limitations on power to construct new water-related infrastructure
1: Where section 152
a: it has written consent to the works from the owner of the land; or
b: it has complied with the requirements in section 154
i: the owner and the occupier are treated under section 155
ii: a determination of a hearings commissioner made under section 156
c: it is authorised to construct the new water-related infrastructure in accordance with section 158
2: This section is subject to subpart 4
3: Subsection (1)(b)(ii) is subject to sections 156(5) 157
154: Requirements before constructing new water-related infrastructure without land owner’s consent
1: The requirements referred to in section 153(1)(b)
a: Kāinga Ora must deposit the following for public inspection at a place within the district in which the works are to be constructed:
i: a description of the location and nature of the proposed new water-related infrastructure and the extent of the works required to construct it (including, in the case of works that will affect any land or building, a plan showing how the land or building will be affected); and
ii: any proposed conditions relating to the works; and
b: Kāinga Ora must give notice in writing of its intention to construct the works—
i: to the occupier of the land or building unless there is no occupier or, after all reasonable steps have been taken, the occupier cannot be found; and
ii: to the owner of the land, if known; and
c: Kāinga Ora must include in the notice—
i: a description of the works, and a statement of what documents referred to in paragraph (a) have been deposited for public inspection, and where those documents are available for public inspection; and
ii: how the owner or occupier may object to the proposed works or the proposed conditions; and
d: Kāinga Ora must publish on its Internet site a description of the location and nature of the proposed new water-related infrastructure and a statement of where the documents referred to in paragraph (a) are available for public inspection.
2: For the purposes of this section and section 153(1)(b) 2002 No 84 Schedule 12
155: When owner and occupier can be treated as having consented
1: This section applies if, within 20 working days of giving notice as required by section 154(1)(b) and (c)
2: For the purposes of section 153(1)(b)(i)
156: What happens if owner or occupier objects
1: This section applies if, within 20 working days of receipt of the notice under section 154(1)(b) and (c) objector
a: of objection to the proposed works; or
b: that proposes different conditions to apply to the works.
2: Kāinga Ora must, if it decides to proceed with the works,—
a: appoint a hearings commissioner to first hear the objection or the proposed conditions; and
b: give the objector reasonable notice of the day, time, and place of the hearing (which may be held in person or by electronic means).
3: The hearings commissioner must conduct the hearing and must, in accordance with subsection (4), make a determination—
a: authorising Kāinga Ora to proceed with the works as described in the notice and subject to the conditions that were deposited for public inspection; or
b: authorising Kāinga Ora to proceed with the works, but subject to any conditions that the hearings commissioner determines (whether or not those conditions were proposed); or
c: that the works must not proceed.
4: If the hearings commissioner is satisfied that failure to proceed with the works would, or would likely, prevent or unreasonably delay delivery of the project or achieving the project objectives, the hearings commissioner must make a determination under subsection (3)(a) or (b).
5: Kāinga Ora must not proceed with the works pending the expiry of the time frame for appealing against the decision ( see section 157(1) 2002 No 84 Schedule 12
157: Right of appeal against determination of hearings commissioner
1: A person (including Kāinga Ora) who is aggrieved by a determination of a hearings commissioner under section 156(3)
2: Pending the decision of the court on the appeal, Kāinga Ora must not proceed with the works.
3: On the hearing of the appeal, the court, whose decision is final, may, subject to subsection (4), confirm, amend, or set aside the determination of the hearings commissioner.
4: Section 156(4) 2002 No 84 Schedule 12
158: Construction authorised by development plan
1: For the purposes of section 153(1)(c)
a: the draft development plan that was notified under section 73 section 154(1)(a)
b: Kāinga Ora gave notice in writing of its intention (subject to approval of the development plan) to construct the new water-related infrastructure—
i: to the occupier of the land or building unless there was no occupier or, after all reasonable steps were taken, the occupier could not be found; and
ii: to the owner of the land, if known; and
c: Kāinga Ora included in its notice to the occupier and to the owner a copy of the draft development plan and a description of how that person may make submissions on that plan; and
d: the development plan describes the following in respect of the new water-related infrastructure (regardless of whether the details differ from what was included in the draft development plan):
i: the location and nature of the proposed new water-related infrastructure; and
ii: a description of the extent of the works required to construct it.
2: The authorisation under subsection (1) is an authorisation to construct the works in accordance with the development plan.
159: Prohibition on others constructing new water-related infrastructure without consent of Kāinga Ora
Once the development plan for a specified development project becomes operative, no person other than Kāinga Ora may construct any new water-related infrastructure on, under, or over land within the project area without the prior written consent of Kāinga Ora.
160: Kāinga Ora responsible for costs of construction
1: Kāinga Ora is liable for the cost of the works of any new water-related infrastructure that it constructs in relation to specified development projects.
2: Subsection (1) applies subject to—
a: any agreement to the contrary with the relevant territorial authority or any other person:
b: any other enactment.
161: Limitations on power to alter water-related infrastructure Kāinga Ora does not control
1: Except where section 152
2: The controlling authority may, by notice in writing to Kāinga Ora at least 10 working days before the works are proposed to start, set any reasonable conditions relating to the works.
3: For the purposes of this section, a condition is reasonable
a: that the alterations do not interfere with the operation of the water-related infrastructure or the system of which that infrastructure forms part, or any interference is minimised; or
b: the integrity of that system, for its expected lifetime, is not compromised; or
c: that the controlling authority does not breach a requirement of the Utilities Access Code that relates to another utility operator, or an agreement under that Code with another utility operator; or
d: that the alterations will not be contrary to an obligation of the controlling authority that relates to the quality of services and is imposed by—
i: any enactment; or
ii: the existing conditions of any resource consent; or
iii: any drinking water standards made under section 47 Water Services Act 2021
4: However, despite subsection (3), a condition is not reasonable in circumstances where—
a: the location, nature, and extent of works required for the alterations are described in the development plan; and
b: the condition would, or would likely, prevent or unreasonably delay delivery of the project or achieving the project objectives.
5: If Kāinga Ora and the controlling authority dispute whether a condition is reasonable or Kāinga Ora otherwise objects to a condition, the matter must be referred to the District Court, and the decision of the court is final. Section 161(3)(d)(iii) replaced 15 November 2021 section 206(1) Water Services Act 2021
162: Controlling authority responsible for costs of operating and maintaining water-related infrastructure
1: A controlling authority is liable for the cost of operating and maintaining its water-related infrastructure within a project area.
2: Subsection (1) applies subject to—
a: any agreement to the contrary with Kāinga Ora or any other person:
b: any other enactment.
163: Requirement to transfer water-related infrastructure once connected
As soon as practicable after any water-related infrastructure constructed by Kāinga Ora is connected to a system operated by a controlling authority, the ownership of that infrastructure must be transferred to the controlling authority in accordance with the provisions set out in Schedule 2
164: Ongoing application of section 181(4) of Local Government Act 2002 to transferred water-related infrastructure
1: Subsection (2) applies in relation to water-related infrastructure that Kāinga Ora constructs, in accordance with this subpart, on or under private land (or under a building on private land).
2: Section 181(4) Nationally significant infrastructure
165: Duty of Kāinga Ora relating to works likely to affect nationally significant infrastructure
Before doing any work relating to a specified development project that will, or is likely to, affect nationally significant infrastructure, Kāinga Ora must consult the operator of that infrastructure and obtain its written consent. Bylaw changes
166: Meaning of bylaw change
In this Act, bylaw change
a: an amendment to a bylaw:
b: the revocation of a bylaw:
c: the making of a bylaw.
167: Power of Kāinga Ora to propose bylaw change
1: Once the development plan for a specified development project becomes operative, Kāinga Ora may propose a bylaw change that relates to—
a: roads, or junctions with roads, that are within the project area; or
b: water-related infrastructure that is within the project area, or that connects to or services (or will connect to or service) water-related infrastructure within the project area.
2: A bylaw change may be proposed only if—
a: Kāinga Ora is satisfied that, in order to achieve the project objectives, it is reasonably necessary to make the bylaw change; and
b: the bylaw change is able to be made under a specified enactment.
3: See also section 180
168: Requirements before proposing bylaw change
1: Before Kāinga Ora proposes a bylaw change, Kāinga Ora must—
a: determine whether a bylaw change is the most appropriate way of addressing the perceived problem; and
b: if Kāinga Ora determines that a bylaw change is the most appropriate way of addressing the perceived problem,—
i: determine whether the proposed bylaw change is the most appropriate form of bylaw change; and
ii: determine that the proposed bylaw change is not inconsistent with the New Zealand Bill of Rights Act 1990
c: engage with the bylaw-making authority on the proposed bylaw change.
2: The purposes of the engagement required by subsection (1)(c) are—
a: to ensure that the bylaw-making authority is aware that a bylaw change may be proposed; and
b: to inform the proposal and assist Kāinga Ora in determining whether it wishes to proceed with the proposal. 2002 No 84 s 155
169: Kāinga Ora publicly notifies proposed bylaw change and invites views, etc
1: After complying with section 168
2: The public notice must include all of the following:
a: as relevant,—
i: a draft of the bylaw as proposed to be made or amended; or
ii: a statement identifying the bylaw to be revoked; and
b: the geographical boundaries of the area where the bylaw change is proposed to apply; and
c: a description of when the bylaw change is proposed to come into effect and, if it will be temporary, when it will cease to apply; and
d: the reasons for the bylaw change; and
e: a statement of the determinations made by Kāinga Ora under section 168(1)(a) and (b)
f: a statement specifying the enactment under which the bylaw change is able to be made; and
g: a statement of whether the bylaw change will be requested or required; and
h: a description of how Kāinga Ora will provide persons interested in the bylaw change with an opportunity to present their views to Kāinga Ora; and
i: a statement of the period within which views on the bylaw change may be provided to Kāinga Ora (which must be not less than 20 working days from the date of publication of the notice).
3: Kāinga Ora must,—
a: if the bylaw change will be made under section 22AB section 22AD(2)
b: notify any agency that has, or may have, an interest in the bylaw change (for example, network utility operators or regional councils) and invite their comment; and
c: provide an opportunity for persons to present their views to Kāinga Ora in a manner that enables spoken (or New Zealand sign language) interaction between the person and Kāinga Ora, including by way of audio link or audiovisual link; and
d: ensure that any person who wishes to present their views to Kāinga Ora—
i: is given a reasonable opportunity to do so; and
ii: is informed about how and when they may take up that opportunity.
4: This section does not prevent Kāinga Ora from requesting or considering, before making a decision on the bylaw change, comment or advice from the bylaw-making authority or any other person in respect of the bylaw change or any comment or views on the bylaw change, or both.
170: Minor adjustments to proposed bylaw change
Kāinga Ora may adjust a proposed bylaw change that has been publicly notified without being required to comply with sections 168 169
171: Kāinga Ora may request or require bylaw change
1: Kāinga Ora may, after considering comments and views received in accordance with section 169
a: request the bylaw-making authority to make the bylaw change:
b: in the circumstances described in section 174
2: The notice must include all of the following:
a: a draft of the bylaw to be made or amended, or a statement identifying the bylaw to be revoked; and
b: the geographical boundaries of the area where the bylaw change will apply; and
c: a description of when the bylaw change should come into effect and, if it will be temporary, when it should cease to apply; and
d: a statement specifying the enactment under which the bylaw change is able to be made; and
e: a statement as to whether the notice is a request or a requirement; and
f: the date by which Kāinga Ora requests or requires that the bylaw change be made (which must be at least 20 working days after the date on which the notice is given).
172: Notice requesting bylaw change
If a bylaw-making authority receives a notice under section 171
a: make the requested change; or
b: advise Kāinga Ora, in writing, that it will not make the requested change and of the reasons why.
173: Refusal to make requested change does not prevent future requests
A decision by a bylaw-making authority to not make a requested bylaw change does not prevent Kāinga Ora issuing another notice to the bylaw-making authority relating to the same proposed change.
174: Circumstances where Kāinga Ora may require bylaw change
The circumstances in which Kāinga Ora may require a bylaw change are where—
a: Kāinga Ora has the roading powers in relation to roads within the relevant project area; and
b: the bylaw change relates to the safe and effective operation of roads within or at the boundary of the project area; and
c: the public notice of the bylaw change stated, as a reason for the bylaw change, that the proposal relates to the safe and effective operation of roads within or at the boundary of the project area.
175: Notice requiring bylaw change
1: A bylaw-making authority who receives a notice under section 171
2: Subsection (1) does not apply if the bylaw-making authority determines that the bylaw change cannot be made under the specified enactment (in which case the bylaw-making authority must instead notify Kāinga Ora of that determination by that date).
176: Bylaw-making authority must make bylaw changes required by development plan
If a project’s development plan sets out a bylaw change to be made by a bylaw-making authority, the bylaw-making authority must make the bylaw change as soon as practicable after the plan becomes operative (or as otherwise provided for by the plan).
177: Requirements under other Acts satisfied for making of bylaw changes
1: Subsection (2) applies, despite any other enactment, to a bylaw-making authority who is making or considering a bylaw change under this subpart.
2: The bylaw-making authority is not required to—
a: consult before making the change or (in the case of section 172
b: consider the views or preferences of people likely to be affected by, or interested in, the bylaw change.
3: If a bylaw-making authority makes a bylaw change in accordance with this subpart, any process or consultation requirements that would have applied, under any other enactment, if the bylaw-making authority had initiated the bylaw change are treated as satisfied in respect of the bylaw change (for example, requirements under sections 78 155(1) and (2) 156 section 22AD
178: Bylaw-making authority must preserve bylaw changes made in accordance with this subpart
A bylaw-making authority must not do any of the following without the prior written consent of Kāinga Ora or as required by law:
a: amend or revoke a bylaw change that was made in accordance with this subpart:
b: make a bylaw that would have the effect of defeating a bylaw change made in accordance with this subpart.
179: Bylaw-making authorities must consult Kāinga Ora on certain proposals
On and from the establishment date for a specified development project, a bylaw-making authority must consult with Kāinga Ora on any proposed bylaw change that would affect roads or water-related infrastructure, or the construction of new roads or new water-related infrastructure, within or at the boundary of the project area.
180: Review of bylaws by Kāinga Ora and bylaw-making authorities
1: This section applies in relation to bylaws made or amended in accordance with section 172 175 176
2: To the extent the bylaw relates to the project area,—
a: the bylaw-making authority is not required to review the bylaw; and
b: Kāinga Ora may at any time review the bylaw, by—
i: determining whether the bylaw or amendment remains reasonably necessary in order to achieve the project objectives; and
ii: if so, making the determinations required by section 168(1)(a) and (b)
c: Kāinga Ora must review the bylaw as part of any review of the relevant development plan ( see section 90
3: The powers and duties to review bylaws that the bylaw-making authority has under other enactments continue to apply to the bylaw-making authority, with any necessary modifications (and subject to section 178
4: If, after or as part of a bylaw review, Kāinga Ora considers that the bylaw or amendment is no longer reasonably necessary in order to achieve the project objectives, Kāinga Ora must propose that the bylaw or amendment be revoked.
5: This subpart and (if the bylaw or amendment forms part of the development plan or a review of the development plan) subpart 2
6: Subsections (2) and (3) apply despite any other enactment.
4: Funding of specified development projects
1: Preliminary provisions
181: Purpose of this Part
1: The purpose of this Part is to provide Kāinga Ora with—
a: a range of powers to fairly, equitably, and proportionately fund development activities that are carried out to achieve project objectives; and
b: the power to recover its actual and reasonable costs incurred in performing or exercising its functions, powers, or duties under subpart 2
2: The powers referred to in subsection (1)(a) are the powers to—
a: set targeted rates ( see subpart 2
b: require development contributions ( see subpart 3
c: require betterment payments ( see subpart 4
d: fix infrastructure and service charges ( see subpart 5
3: The power referred to in subsection (1)(b) is the power to fix administrative charges ( see subpart 5
182: Interpretation for this Part
1: In this Part, unless the context otherwise requires,— functions subpart 2 land section 5 local government rate Local Government (Rating) Act 2002 public transport infrastructure
a: bus ways and rail lines (including light rail):
b: cycle ways, pedestrian ways, and shared-access ways:
c: facilities for infrastructure described in paragraph (a) or (b) ratepayer section 10 relevant
a: the targeted rate is or may be set; or
b: the development contribution is or may be required service connection subpart subpart 2 Local Government (Rating) Act 2002 targeted rate section 189 targeted rates order section 186
2: Unless the context otherwise requires, a term used in this Part has the same meaning as in section 5
a: is defined in that section; and
b: is not defined in this Part or in another provision of this Act that applies to this Part.
2: Targeted rates
183: General modifications to Local Government (Rating) Act 2002 when applied
When a section in this subpart applies 1 or more provisions of the Local Government (Rating) Act 2002
a: a reference to a rate must be read as a reference to a targeted rate under this Act:
b: a reference to a local authority must be read as a reference to a relevant territorial authority:
c: any particular modifications specified in the section that applies the provisions of that Act.
184: What is rateable?
Land in a project area is rateable for targeted rates under this Act to the extent that it is rateable under sections 7 to 9
185: Who must pay rates?
1: The ratepayer for a rating unit or separate rating area or separate rating area
2: However, a person other than the ratepayer may become liable to pay the rates in the circumstances set out in section 61 62 62A 96 see sections 206 211 2002 No 6 s 12 Section 185(1) amended 1 July 2021 section 85(1) Local Government (Rating of Whenua Māori) Amendment Act 2021 Section 185(2) amended 1 July 2021 section 85(2) Local Government (Rating of Whenua Māori) Amendment Act 2021 How are rates authorised?
186: Order in Council may authorise Kāinga Ora to set rates
1: The Governor-General may, by Order in Council made on the recommendation of the responsible Minister, authorise Kāinga Ora to set targeted rates for a project area.
2: The Minister must not recommend the making of an order unless satisfied that—
a: the specified development project has a development plan that provides for Kāinga Ora to set targeted rates; and
b: the matters specified in the order in accordance with section 187
c: the order authorises targeted rates to fund activities or groups of activities only to the extent that they are not already funded by local government rates or another levy. Examples
Example 1 A local authority has set a targeted rate to fund roading in a part of its district that is outside a project area. The order may authorise Kāinga Ora to set a targeted rate to fund roading within the project area. That rate may apply to rating units within the project area regardless of whether they are also subject to the local authority’s targeted rate. Example 2 A portion of the general rate set by a local authority is used to fund a wastewater system that serves the authority’s entire district. A specified development project will upgrade the part of the system that serves the project area. The order may authorise Kāinga Ora to set a targeted rate that is sufficient only to fund the upgrade. The general rate continues to fund the general maintenance and operation of the wastewater system in the project area.
3: Despite subsection (2)(b), the Minister may recommend that a targeted rates order—
a: specify a rate that is not provided for in the development plan if that is permitted by section 188
b: specify matters that are different from those in the development plan if that is needed to comply with subsection (2)(c) (for example, by specifying a lower maximum amount of revenue that may be recovered from a rate).
4: In this section, levy
a: means a requirement imposed by or under an enactment on 1 or more persons, or classes of person, to pay money for the purpose of funding matters that are specified in or under an enactment; and
b: does not include a requirement to pay a fee to fund the cost of providing a good or service to the person paying the fee.
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 186(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
187: Content of targeted rates order
A targeted rates order must specify—
a: the project area to which the order applies; and
b: the financial years to which the order applies; and
c: for each targeted rate, the matters set out in section 63(1)
188: Rates required for unforeseen and urgent circumstances
1: A targeted rates order may specify a targeted rate that is not provided for in a development plan if—
a: the responsible Minister is satisfied that the rate is required to meet an unforeseen and urgent need for revenue that cannot reasonably be met by any other means, having regard to the manner in which Kāinga Ora has, in the development plan, allocated the costs of the activities or groups of activities to which the need for revenue relates; and
b: the responsible Minister has had regard to the extent to which it will be reasonably practicable for each relevant territorial authority to carry out its functions under this subpart in relation to the rate; and
c: Kāinga Ora has given at least 14 days' public notice of the proposed rate.
2: A notice under subsection (1)(c) must include—
a: the information in relation to the rate that would otherwise have been required to be included in the development plan; and
b: a statement of the nature of the unforeseen and urgent need for revenue and the reasons why that need cannot reasonably be met by any other means, having regard to the manner in which Kāinga Ora has, in the development plan, allocated the costs of the activities or groups of activities to which the need for revenue relates. 2002 No 6 s 23(3), (4) How are rates set?
189: Procedure for setting rates
1: Kāinga Ora may, by written resolution, set a targeted rate in accordance with the terms of a targeted rates order.
2: Each rate must—
a: relate to a financial year or part of a financial year; and
b: be consistent with—
i: the development plan for the specified development project; and
ii: the project's annual budget for the financial year.
3: However, subsection (2)(b) does not apply if the rate is set under a targeted rates order that is made in reliance on section 188
4: In setting each rate, Kāinga Ora—
a: must seek the views of each relevant territorial authority on the costs that the authority is likely to incur in carrying out its functions under this subpart in relation to the rate; and
b: may set the rate at an amount that Kāinga Ora considers will allow for each relevant territorial authority to recover those costs ( see section 198 Application of local government Acts to setting of targeted rates
5: The following provisions apply for the purposes of setting a rate under subsection (1):
a: sections 20 20A 22
b: section 73
6: For the purposes of subsection (5)(a), section 22
a: a targeted rate set under this section were set under section 16 of that Act; and
b: the project area were a district.
7: For the purposes of subsection (5)(b), section 73 section 16 Secondary legislation
8: A resolution under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 •	notify it in the Gazette •	publish it on the Kāinga Ora Internet site Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 189(5)(a) replaced 1 July 2021 section 86 Local Government (Rating of Whenua Māori) Amendment Act 2021 Section 189(8) heading inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 189(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
190: Kāinga Ora may set rates again within same financial year
1: Kāinga Ora may set a targeted rate under section 189
a: Kāinga Ora determines that it is desirable to set the rate again because of—
i: an irregularity in setting the rate; or
ii: a mistake in calculating the rate; or
iii: a relevant change in circumstances; and
b: setting the rate again will not increase the amount of rates calculated for any rating unit or separate rating area
c: Kāinga Ora has had regard to the extent to which it will be reasonably practicable, if the rate is set again, for each relevant territorial authority to carry out its functions under this subpart in relation to the rate.
2: Kāinga Ora may set a rate again only if it has given 14 days' public notice of its intention to set the rate again.
3: The notice must include a statement of the reason why Kāinga Ora has determined that it is desirable to set the rate again.
4: If setting the rate again results in a change to the amount of rates to be calculated for any rating unit or separate rating area
a: the relevant territorial authority must correct the rates record for the rating unit or separate rating area
b: section 41 2002 No 6 s 119 Section 190(1)(b) amended 1 July 2021 section 87(1) Local Government (Rating of Whenua Māori) Amendment Act 2021 Section 190(4) amended 1 July 2021 section 87(2) Local Government (Rating of Whenua Māori) Amendment Act 2021 Section 190(4)(a) amended 1 July 2021 section 87(2) Local Government (Rating of Whenua Māori) Amendment Act 2021
191: Procedural requirements for rates resolution
Section 191 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
192: Due date or dates for payment
The date or dates for payment of targeted rates under this Act on a rating unit or separate rating area or area Section 192 amended 1 July 2021 section 88(a) Local Government (Rating of Whenua Māori) Amendment Act 2021 Section 192 amended 1 July 2021 section 88(b) Local Government (Rating of Whenua Māori) Amendment Act 2021 How are rates spent?
193: How rates may be spent
1: Kāinga Ora may spend the revenue it receives from a targeted rate only for the purpose of the activity or group of activities specified for the targeted rate in the targeted rates order.
2: The spending authorised by subsection (1) includes using the revenue to do either or both of the following, in relation to the activity or group of activities:
a: pay costs incurred by another person for the purpose of constructing works or providing goods or services, if Kāinga Ora is contractually liable to fund or reimburse those costs:
b: meet either or both of the following financing costs of Kāinga Ora:
i: the costs of meeting the commitments of Kāinga Ora under a loan or obligations under an incidental arrangement:
ii: the costs of refinancing.
3: In this section, incidental arrangement loan section 112
194: When excess rates are refunded to ratepayers
1: This section applies if, at the end of the period for which a targeted rate is payable,—
a: Kāinga Ora holds an amount of revenue from the rate that exceeds the costs incurred by Kāinga Ora, or a person referred to in section 193(2)(a)
b: a relevant territorial authority holds an amount of revenue from the rate that it has retained in accordance with section 199
2: If subsection (1)(a) applies, Kāinga Ora must pay the excess revenue to the relevant territorial authority.
3: The relevant territorial authority must—
a: credit to the rates records of affected rating units or separate rating areas
b: in apportioning the excess revenue between each affected rating unit or separate rating area
4: However, the relevant territorial authority may retain an amount of the excess revenue to cover the reasonable costs of the authority incurred in complying with subsection (3). Section 194(3)(a) amended 1 July 2021 section 89(1) Local Government (Rating of Whenua Māori) Amendment Act 2021 Section 194(3)(b) amended 1 July 2021 section 89(2) Local Government (Rating of Whenua Māori) Amendment Act 2021 Territorial authorities to collect rates for Kāinga Ora
195: Kāinga Ora to notify rates resolution to relevant territorial authority
1: Kāinga Ora must provide written notice of a resolution under section 189
a: the 10 May that precedes the start of the financial year for which the targeted rates set by the resolution are payable; or
b: a date agreed between Kāinga Ora and the relevant territorial authority.
2: However, Kāinga Ora must provide written notice of the resolution to each relevant territorial authority as soon as is practicable after the resolution is made if—
a: the rate is set under a targeted rates order that is made in reliance on section 188
b: the rate is set in reliance on section 190
196: Relevant territorial authority to collect rates
After receiving notice of a resolution in accordance with section 195
197: Relevant territorial authority to pay rates revenue to Kāinga Ora
1: Each relevant territorial authority must pay to Kāinga Ora the revenue that it collects or recovers from a targeted rate under this Act.
2: This section is subject to sections 198 199
198: Relevant territorial authority may retain some rates revenue to cover costs
1: A relevant territorial authority may, in accordance with this section, retain an amount of revenue that it collects or recovers from a targeted rate under this Act.
2: The amount that the relevant territorial authority may retain is the amount needed to cover the actual and reasonable costs incurred by the authority in carrying out its functions under this subpart in relation to the rate.
3: An amount of revenue that a relevant territorial authority retains under this section still counts towards the maximum amount of revenue that may be recovered from the rate (either generally or from a category of land) in a financial year.
199: Relevant territorial authority to retain and refund rates revenue if maximum is exceeded
A relevant territorial authority must—
a: retain any amount of revenue from a targeted rate under this Act that it collects or recovers in excess of the maximum amount of revenue that may be recovered from the rate (either generally or from a category of land) in a financial year; and
b: refund that amount in accordance with section 194 Process for calculation, payment, and recovery of rates
200: Rates must be calculated in accordance with values and factors
1: Targeted rates must be calculated in accordance with—
a: a rating unit and the rateable values (as applicable to targeted rates under this Act) set out in the rating information database; or
b: the factors (as applicable to targeted rates under this Act) relevant to a rating unit that are set out in the rating information database.
2: For the purposes of subsection (1), the relevant rating unit, values, or factors are those that have been corrected as at the end of the financial year immediately before the financial year for which the rates are set.
3: The rates are not affected by a change in the rateable value or factors of a rating unit during the financial year in which the rates are set.
4: See section 212 2002 No 6 s 43
201: Notice of rates assessment
1: If a rating unit or separate rating area or separate rating area
2: The authority may deliver the rates assessment for the targeted rates—
a: by delivering it as a separate document; or
b: by including it in a rates assessment for local government rates that is delivered under section 44
3: A ratepayer is liable for the targeted rates on a rating unit or separate rating area Section 201(1) amended 1 July 2021 section 90 Local Government (Rating of Whenua Māori) Amendment Act 2021 Section 201(3) amended 1 July 2021 section 90 Local Government (Rating of Whenua Māori) Amendment Act 2021
202: Contents of rates assessment
1: A rates assessment delivered in accordance with section 201
a: the amount of each targeted rate:
b: the activity or group of activities that will be funded from each rate:
c: if applicable, the relevant matters that are required to determine the category to which the rating unit or separate rating area
d: information on the factors used to calculate the amount of the liability of a rating unit or separate rating area
e: a brief description of the criteria for rates relief under—
i: the relevant rates remission policy and the relevant rates postponement policy; and
ii: if there is one, the relevant policy on the remission and postponement of rates on Māori freehold land.
2: If the rates assessment is delivered as a separate document,—
a: the assessment must also, in relation to the targeted rate, clearly identify the information described in section 45(1)(a) to (e), (j), (k), and (m) to (p)
b: section 45(2) to (4)
3: If the rates assessment is included in a rates assessment for local government rates, the assessment may present a combined total of the ratepayer's liability for targeted rates under this Act and local government rates, but must also clearly set out the ratepayer's liability for each of those rates. Section 202(1)(c) amended 1 July 2021 section 91 Local Government (Rating of Whenua Māori) Amendment Act 2021 Section 202(1)(d) amended 1 July 2021 section 91 Local Government (Rating of Whenua Māori) Amendment Act 2021
203: Rates invoice
1: If payment of targeted rates under this Act for a rating unit or separate rating area or separate rating area
2: The authority may deliver the invoice for the targeted rates—
a: by delivering it as a separate document; or
b: by including it in an invoice for local government rates that is delivered under section 46
3: The invoice for the targeted rates must clearly identify the amount of—
a: targeted rates payable for the financial year for the rating unit or separate rating area
b: targeted rates that have been paid to date for the financial year; and
c: targeted rates payable on the current rates invoice; and
d: any unpaid targeted rates owing from a previous financial year for the rating unit or separate rating area
4: If the invoice is delivered as a separate document,—
a: the invoice must also, in relation to the targeted rate, clearly identify the information described in section 46(2)(a) to (c) and (g) to (i)
b: section 46(3)
5: If the invoice is included in an invoice for local government rates, the invoice may present a combined total of the ratepayer's liability for targeted rates under this Act and local government rates, but must also clearly set out the ratepayer's liability for each of those rates. Section 203(1) amended 1 July 2021 section 92(1) Local Government (Rating of Whenua Māori) Amendment Act 2021 Section 203(3)(a) amended 1 July 2021 section 92(2) Local Government (Rating of Whenua Māori) Amendment Act 2021 Section 203(3)(d) amended 1 July 2021 section 92(2) Local Government (Rating of Whenua Māori) Amendment Act 2021
204: Penalties on unpaid rates
1: If a relevant territorial authority authorises penalties to be added to unpaid local government rates, the authority may add the same penalties to any unpaid targeted rates under this Act that it is required to collect.
2: Kāinga Ora and the relevant territorial authority may agree to the authority retaining a portion of the penalties collected on the unpaid targeted rates.
205: When Kāinga Ora may recover unpaid rates
1: This section applies if—
a: there is an amount of targeted rates under this Act that is unpaid for a rating unit or separate rating area
b: the local government rates for the rating unit or separate rating area
2: The relevant territorial authority—
a: may notify Kāinga Ora that the authority will not recover the unpaid targeted rate; and
b: on notifying Kāinga Ora under paragraph (a), is not required to recover the unpaid targeted rate.
3: On receiving the notice, Kāinga Ora may recover the unpaid targeted rate in accordance with the provisions of the Local Government (Rating) Act 2002
a: section 206(1)(i) to (n)
b: if the rating unit or separate rating area section 211 Section 205(1)(a) amended 1 July 2021 section 93(1) Local Government (Rating of Whenua Māori) Amendment Act 2021 Section 205(1)(b) amended 1 July 2021 section 93(2) Local Government (Rating of Whenua Māori) Amendment Act 2021 Section 205(3)(b) amended 1 July 2021 section 93(1) Local Government (Rating of Whenua Māori) Amendment Act 2021
206: Application of Local Government (Rating) Act 2002: calculation, payment, and recovery
1: The following sections of the Local Government (Rating) Act 2002 Calculation and invoicing of rates
a: section 47
b: section 48
c: section 49
d: section 50
e: section 51 Collection of rates
f: section 52
g: section 53
h: section 54 Recovery of unpaid rates
i: sections 59 60
j: sections 61 to 62A
k: sections 63 to 66
l: sections 67 to 76
m: sections 77 to 83
n: section 84 Section 50 of Local Government (Rating) Act 2002
2: A relevant territorial authority may, under section 50
3: In applying section 50 section 23 section 189 Policy under section 55 or 56 of Local Government (Rating) Act 2002
4: A policy adopted by a responsible territorial authority under section 55 56 Section 75 of Local Government (Rating) Act 2002
5: In applying section 75 Section 206(1)(j) amended 13 April 2021 section 94 Local Government (Rating of Whenua Māori) Amendment Act 2021 Remission and postponement of rates
207: Remission of rates
1: A relevant territorial authority must remit all or part of the targeted rates under this Act on a rating unit or separate rating area
2: The relevant territorial authority must give notice to an affected ratepayer identifying any remitted targeted rates.
3: In this section, a reference to targeted rates includes any penalties on targeted rates. 2002 No 6 s 85 Section 207(1) amended 1 July 2021 section 95 Local Government (Rating of Whenua Māori) Amendment Act 2021
208: Recording remitted rates
A relevant territorial authority must record targeted rates that are remitted under section 207
a: on the rates record for the rating unit or separate rating area
b: in accounting documents as paid by Kāinga Ora on behalf of the ratepayer in accordance with the relevant rates remission policy. 2002 No 6 s 86 Section 208(a) amended 1 July 2021 section 96 Local Government (Rating of Whenua Māori) Amendment Act 2021
209: Postponement of requirement to pay rates
1: A relevant territorial authority must postpone the requirement to pay all or part of the targeted rates under this Act on a rating unit or separate rating area
a: the ratepayer has applied in writing for a postponement; and
b: the authority is satisfied that the conditions and criteria in the relevant rates postponement policy are met.
2: The relevant territorial authority must give notice to an affected ratepayer—
a: identifying any postponed targeted rates; and
b: stating when, or in which circumstances, the rates will become payable.
3: In this section, a reference to targeted rates includes any penalties on targeted rates. 2002 No 6 s 87 Section 209(1) amended 1 July 2021 section 97 Local Government (Rating of Whenua Māori) Amendment Act 2021
210: Application of Local Government (Rating) Act 2002: postponed rates
1: The following sections of the Local Government (Rating) Act 2002
a: section 88
b: section 89
c: section 90
2: In applying the provisions listed in subsection (1), a reference to a local authority's rates postponement policy must be read as a reference to the relevant rates postponement policy. Write-off of rates Heading inserted 1 July 2021 section 98 Local Government (Rating of Whenua Māori) Amendment Act 2021
210A: When Kāinga Ora may write off targeted rates
1: This section applies if—
a: there is an amount of targeted rates under this Act that is unpaid for a rating unit or separate rating area; and
b: the chief executive of the relevant territorial authority intends to write off rates in respect of that unit under section 90A 90B
2: The relevant territorial authority must notify Kāinga Ora—
a: that the chief executive will write off the rates; and
b: whether the chief executive is doing so on an application under section 90A(2)(b)
3: On receiving the notice, Kāinga Ora may write off any unpaid targeted rates—
a: that Kāinga Ora considers cannot reasonably be recovered; or
b: to which section 90B(1)(a) and (b)
4: Kāinga Ora must—
a: notify a ratepayer of any write-off of the ratepayer’s targeted rates under this section; and
b: within 30 days of receiving a notice under subsection (2)(b) that the chief executive will write off rates on the application of a ratepayer under section 90A(2)(b) Section 210A inserted 1 July 2021 section 98 Local Government (Rating of Whenua Māori) Amendment Act 2021 Rating of Māori freehold land
211: Application of Local Government (Rating) Act 2002: rating of Māori freehold land
Part 4 of Local Government (Rating) Act 2002
1: Part 4
2: In applying Part 4
2A: A relevant territorial authority may remit targeted rates under section 114A Order exempting Māori freehold land from rates
3: An Order in Council under section 116
a: applies to land within a project area if the order is made—
i: before the specified development project is established; or
ii: with the consent of Kāinga Ora, if the order is made after the specified development project is established; and
b: applies to targeted rates under this Act as if they were local government rates, unless the order expressly provides otherwise.
4: In determining whether to consent to an order under subsection (3)(a)(ii), Kāinga Ora must consider—
a: the relevant policy on the remission and postponement of rates on Māori freehold land; and
b: the objectives set out in Schedule 11 Section 211(2A) inserted 13 April 2021 section 99 Local Government (Rating of Whenua Māori) Amendment Act 2021 Rating information database and rates records
212: Rating information database to include information on targeted rates
A relevant territorial authority must record in its rating information database, in relation to each rating unit or separate rating area the rating unit or separate rating area
a: determine the category (if any) to which the rating unit or separate rating area section 189
b: calculate the amount of liability for targeted rates in accordance with section 200 Section 212 amended 1 July 2021 section 100(a) Local Government (Rating of Whenua Māori) Amendment Act 2021 Section 212 amended 1 July 2021 section 100(b) Local Government (Rating of Whenua Māori) Amendment Act 2021 Section 212(a) amended 1 July 2021 section 100(b) Local Government (Rating of Whenua Māori) Amendment Act 2021
213: Rates records to include information on targeted rates
A relevant territorial authority must record in its rates record for a rating unit or separate rating area the rating unit or separate rating area Section 213 amended 1 July 2021 section 101(a) Local Government (Rating of Whenua Māori) Amendment Act 2021 Section 213 amended 1 July 2021 section 101(b) Local Government (Rating of Whenua Māori) Amendment Act 2021
214: Kāinga Ora and relevant territorial authority to share rating information
1: If land within a project area is subject to targeted rates under this Act, Kāinga Ora must provide each relevant territorial authority with—
a: the information referred to in sections 190(4) 212 213
b: any other information held by Kāinga Ora that the authority needs to comply with this subpart.
2: Each relevant territorial authority must provide Kāinga Ora with the information contained in the authority's rating information database that Kāinga Ora needs to perform its functions under this subpart.
3: Kāinga Ora may use the information only to perform those functions.
4: A relevant territorial authority may not charge a fee for providing the information to Kāinga Ora (but the costs of carrying out the duty imposed by subsection (2) may be recovered by the authority in accordance with section 198
215: Application of Local Government (Rating) Act 2002: rating information database and rates records
1: The following sections of the Local Government (Rating) Act 2002
a: sections 27 to 29 section 28D
b: sections 30 to 36
c: sections 37 to 42 Section 27 of Local Government (Rating) Act 2002
2: In applying section 27
a: the reference to information in section 27(4)(b) section 212
b: the reference to different categories in section 27(5)(a) section 212(a)
c: the reference to policies in section 27(5)(c) Section 37 of Local Government (Rating) Act 2002
3: In applying section 37(3) section 27(4) section 212 Other matters
216: Kāinga Ora may assume functions of relevant territorial authority
Kāinga Ora may, by notice to a relevant territorial authority, assume any of the authority's functions under this subpart.
217: Relevant territorial authority may delegate to its chief executive, etc
1: A relevant territorial authority may delegate its functions under this subpart to—
a: its chief executive; or
b: any other specified officer of the authority.
2: A relevant territorial authority must not delegate the power to delegate. 2002 No 6 s 132
218: Application of local government Acts: other matters
1: The following sections of the Local Government (Rating) Act 2002
a: section 134
b: section 135
2: Section 115
3: Development contributions
219: Principles for development contributions
Section 197AB
220: Meaning of development
In this subpart, development
a: means any subdivision, building (within the meaning of section 8 of the Building Act 2004), land use, or work that generates a demand for reserves, infrastructure, or community facilities; but
b: does not include—
i: the pipes or lines of a network utility operator; or
ii: nationally significant infrastructure. 2002 No 84 s 197(1)
221: Kāinga Ora may require development contributions
1: Kāinga Ora may require a development contribution from the person undertaking a development if—
a: the development plan for the project authorises Kāinga Ora to require development contributions; and
b: the effect of the development is to require new or additional assets or assets of increased capacity—
i: in a project area; or
ii: outside a project area if the assets directly benefit, or are required for, a development in the project area; and
c: as a consequence, Kāinga Ora—
i: incurs capital expenditure to provide appropriately for reserves, infrastructure, or community facilities; or
ii: is liable to pay a development contribution to a relevant territorial authority.
2: This section does not prevent Kāinga Ora from requiring a development contribution that is to be used to pay, in full or in part, for capital expenditure already incurred by Kāinga Ora in anticipation of the development.
3: In subsection (1), effect 2002 No 84 s 199
222: Determining amount of development contributions
Kāinga Ora must determine the amount of a development contribution in accordance with—
a: the relevant development contributions policy; and
b: the methodology for calculating development contributions set out in clause 1 2002 No 84 s 197(2)
223: Manner in which development contributions may be required
1: Kāinga Ora may require a development contribution to be made to Kāinga Ora—
a: on the date that a resource consent is granted under this Act or the Resource Management Act 1991
b: on the date that a building consent is granted under the Building Act 2004
c: on the date that an authorisation is granted for a service connection within a project area; or
d: on the date or dates agreed in writing between Kāinga Ora and the developer.
2: Kāinga Ora may require a development contribution only where it is consistent with the relevant development contributions policy in force at the time the application for a resource consent, building consent, or service connection was submitted.
3: If the relevant development contributions policy provides for a development contribution under subsection (1)(b), Kāinga Ora may require that development contribution to be made when a certificate of acceptance is granted under section 98
4: A relevant territorial authority or a building consent authority may, as appropriate and by agreement with Kāinga Ora, exercise the powers under subsections (1) and (3) on Kāinga Ora's behalf.
5: Section 198(3) and (4) 2002 No 84 s 198 Section 223(1)(a) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
224: Limits on power to require development contributions
1: Kāinga Ora must not require a development contribution—
a: to the extent that Kāinga Ora or a relevant territorial authority has imposed a condition on a resource consent in relation to the same development for the same purpose; or
b: to the extent that another person has funded or provided, or undertaken to fund or provide, the reserve, infrastructure, or community facilities to which the contribution relates; or
c: to the extent that a development contribution has been, or will be, paid to a relevant territorial authority by a person other than Kāinga Ora for the same purpose.
2: Despite subsection (1), Kāinga Ora is not prevented from—
a: accepting from a person, with the person's agreement, an additional contribution for a reserve, infrastructure, or community facilities; or
b: requiring a development contribution where—
i: income from any other source is being used, or will be used, to meet a proportion of the capital costs of a reserve, infrastructure, or community facilities for which the development contribution will be used; or
ii: a person required to make the development contribution is also a ratepayer in a relevant territorial authority's district or has paid or will pay fees or charges in respect of a reserve, infrastructure, or community facilities; or
iii: a further development contribution is required to be made for the same purpose if the further development contribution is required to reflect an increase in the scale or intensity of the development since a previous development contribution was required by either Kāinga Ora or a relevant territorial authority. 2002 No 84 s 200(1)–(4) Reconsiderations and objections
225: Right to reconsideration of requirement for development contributions
Grounds and process for reconsideration
1: A person who is required by Kāinga Ora to make a development contribution may request that Kāinga Ora reconsider the requirement if the person has grounds to believe that—
a: the development contribution was incorrectly calculated or assessed under the relevant development contributions policy; or
b: Kāinga Ora incorrectly applied the relevant development contributions policy; or
c: either or both of the following was incomplete or contained errors:
i: the information used to assess the person's development against the relevant development contributions policy:
ii: the way Kāinga Ora recorded or used the information when requiring the development contribution.
2: A request for a reconsideration must be made to Kāinga Ora—
a: in accordance with the relevant development contributions policy; and
b: within 10 working days after the date on which the person received notice of the requirement.
3: Kāinga Ora must reconsider the requirement in accordance with the relevant development contributions policy.
4: A person may not request a reconsideration if the person has already lodged an objection under section 226 Notifying outcome of reconsideration
5: Kāinga Ora must notify the person who lodged the request of the outcome of its reconsideration no later than 15 working days after the request is lodged.
6: The person may object to the outcome of the reconsideration in accordance with section 226 2002 No 84 ss 199A 199B
226: Objection to development contributions
1: A person required by Kāinga Ora to make a development contribution may, on any 1 or more of the specified grounds, object to the assessed amount of the development contribution.
2: The specified grounds are as follows:
a: that Kāinga Ora failed to properly take into account features of the objector's development that, on their own or cumulatively with those of other developments, would substantially reduce the impact of the development on requirements for reserves, infrastructure, or community facilities in the project area or parts of the area:
b: that Kāinga Ora required a development contribution for reserves, infrastructure, or community facilities not required by, or related to, the objector's development, whether on its own or cumulatively with other developments:
c: that Kāinga Ora required a development contribution in breach of this Act (including those provisions of the Local Government Act 2002
d: that Kāinga Ora incorrectly applied the relevant development contributions policy to the objector's development.
3: A person has a right of objection under this section irrespective of whether they request a reconsideration under section 225 2002 No 84 ss 199C 199D
227: Procedure for objection to development contributions
An objection to a development contribution must be lodged with Kāinga Ora in accordance with sections 199H to 199P Schedule 13A
a: a reference to a territorial authority must be read as a reference to Kāinga Ora (other than in section 199H(1)
b: a reference to a district must be read as a reference to a project area:
c: a reference to a development contributions policy must be read as a reference to the relevant development contributions policy:
d: a reference to section 150A section 228
e: a reference to section 199B section 225(5)
f: a reference to section 199C section 226
g: a reference to section 208 section 232
228: Costs of development contributions objections
1: Kāinga Ora may recover from a person who lodges an objection its actual and reasonable costs incurred in respect of—
a: the selection, engagement, and employment of the development contributions commissioners; and
b: the secretarial and administrative support of the objection process; and
c: preparing for, organising, and holding the hearing.
2: Kāinga Ora may, in any particular case and in its absolute discretion, waive or remit the whole or any part of any costs that would otherwise be payable under this section.
3: Money payable under this section is recoverable by Kāinga Ora as a debt. 2002 No 84 ss 150A 252 Use of development contributions
229: Use of development contributions by Kāinga Ora
1: If a development contribution is required by Kāinga Ora under section 221(1)(c)(i)
a: must be used for, or towards, the capital expenditure on the reserves, infrastructure, or community facilities for which the contribution was required, which may also include the development of the reserves, infrastructure, or community facilities; but
b: must not be used for the maintenance of the reserves, infrastructure, or community facilities.
2: If a development contribution is required by Kāinga Ora under section 221(1)(c)(ii)
3: Subsection (1) is subject to section 230 2002 No 84 s 204
230: Use of development contributions for reserves
1: Kāinga Ora must use a development contribution required for reserves purposes for developing or purchasing land for reserves within or adjacent to the relevant project area, which may include any 1 or more of the following:
a: the development of community facilities associated with the use of a reserve:
b: the provision or improvement of community facilities at a school established or about to be established under subpart 6
i: a licence has been granted under section 6A
ii: the Minister for Sport and Recreation has notified Kāinga Ora in writing that he or she is satisfied that the licence provides for the reasonable use of the community facilities by members of the public:
c: the purchase of land that is, or will be, subject to a covenant under section 77 section 27
d: payment, on terms and conditions Kāinga Ora thinks fit, to—
i: a local authority or public body in which land is vested to enlarge, enhance, or develop the land for public recreation purposes:
ii: the administering body of a reserve held under the Reserves Act 1977
iii: the trustees or body corporate in whom is vested a Māori reservation to which section 340
iv: any person, to secure an appropriate interest in perpetuity in land for conservation purposes.
2: This section is subject to section 231 2002 No 84 s 205
231: Alternative uses of development contributions for reserves
1: This section applies if Kāinga Ora considers that, in a project area or areas adjacent to it,—
a: there are adequate reserves; or
b: it is impracticable to set apart, develop, or purchase land for reserves.
2: Kāinga Ora may, if it considers it will benefit the residents in the project area, use a development contribution required for reserves purposes—
a: to purchase or develop, for public recreation purposes, any land that is, or will be,—
i: vested in, or controlled by, Kāinga Ora, a relevant territorial authority, or the Crown; or
ii: developed in partnership with a relevant territorial authority or a third party:
b: to make payments or advance money to a relevant territorial authority or a public body for public recreational purposes.
3: Kāinga Ora may make a payment under subsection (2)(b) only—
a: with the consent of the joint Ministers; and
b: on the terms and conditions that the joint Ministers think fit. 2002 No 84 s 206 Other matters
232: Consequences if development contributions unpaid
1: Until a development contribution required by Kāinga Ora has been paid, Kāinga Ora may,—
a: in the case of a development contribution required when a resource consent is granted,—
i: withhold a certificate under section 224(c)
ii: prevent the commencement of a resource consent under the Resource Management Act 1991
b: in the case of a development contribution required when a building consent is granted, require that a code compliance certificate under section 95
c: in the case of a development contribution required in accordance with section 223(3)
d: in the case of a development contribution required when an authorisation for a service connection is granted, withhold a service connection to the development.
2: In any case where the development contribution is unpaid, Kāinga Ora may register the development contribution under subpart 5
3: A relevant territorial authority or a building consent authority may, as appropriate and by agreement with Kāinga Ora, exercise the powers under subsection (1) on Kāinga Ora's behalf.
4: Section 99AA 2002 No 84 s 208 Section 232(1)(a)(i) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 232(1)(a)(ii) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
233: Refund of development contributions if developments do not proceed
1: Kāinga Ora must refund or return a development contribution paid or otherwise given to Kāinga Ora if—
a: the relevant resource consent lapses or is surrendered; or
b: the building consent lapses under section 52
c: the development or building in respect of which the resource consent or building consent was granted does not proceed; or
d: Kāinga Ora does not provide, or ensure the provision of, the reserve, infrastructure, or community facility for which the development contribution was required within 10 years after receiving the contribution.
2: However, Kāinga Ora may retain a portion of the development contribution equivalent to the costs incurred by Kāinga Ora in relation to the development and its discontinuance. 2002 No 84 s 209
234: Refund of development contributions if not used for reserves purposes
1: If a development contribution has been required for reserves purposes, Kāinga Ora must—
a: refund money received under the contribution, if the money is not applied for a purpose set out in section 230 231
b: return land acquired under the contribution, if the land is not used for a purpose set out in section 230 231
2: However, Kāinga Ora may retain a portion of the development contribution equivalent to the costs incurred by Kāinga Ora in refunding the money or returning the land. 2002 No 84 s 210
235: Development agreements
1: Kāinga Ora may enter into a development agreement instead of, or in addition to, requiring a development contribution.
2: The development agreement must include—
a: a description of the land to which the agreement relates, including its legal description; and
b: details of the reserves, infrastructure, or community facilities that each party will pay for or provide.
3: The development agreement is a legally enforceable contract once it is signed by all parties who will be bound by the agreement.
4: The development agreement must not require a person to—
a: grant a resource consent; or
b: issue a building consent under the Building Act 2004
c: issue a code of compliance under the Building Act 2004
d: grant a certificate under section 224(c)
e: issue an authorisation for a service connection.
5: A person may not refuse to grant or issue anything referred to in subsection (4) on the basis that a development agreement has not been entered into under this section.
6: See section 224 Section 235(4)(d) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
236: Review of development contributions policy
1: Kāinga Ora must review a development contributions policy at least once every 3 years after the development plan that contains the policy becomes operative under section 83(5)
2: The review must use a consultation process that gives effect to the requirements of section 82
3: Section 90
237: Transfer of previous development contributions to Kāinga Ora
1: This section applies if—
a: a relevant territorial authority has received or is owed a development contribution under the Local Government Act 2002
b: Kāinga Ora becomes responsible for capital expenditure on the asset for which the contribution was required.
2: Despite section 204
a: any amount of the development contribution that has been paid to the authority:
b: the right to be paid any amount of the development contribution that is yet to be paid to the authority.
3: Any amount of a development contribution that is transferred to Kāinga Ora, or that Kāinga Ora receives under a right to be paid, must be treated as if it were part of a development contribution that was required by Kāinga Ora under this subpart.
4: For the purposes of subsection (3), this subpart applies, with all necessary modifications, as if the asset for which the development contribution was required were a reserve, infrastructure, or a community facility within the meaning of this Act.
5: In this section, asset Local Government Act 2002
4: Betterment payments
238: Betterment arising from forming or widening road
1: Section 326
2: That section applies with all necessary modifications, including the following:
a: a reference to the council must be read as a reference to Kāinga Ora:
b: a reference to the district must be read as a reference to the project area:
c: a reference to acquiring or taking land under the Public Works Act 1981 section 256
d: a reference to an amount being payable or ascertained in accordance with the Public Works Act 1981 must be read as a reference to an amount being payable or ascertained in accordance with—
i: section 259
ii: subsection (3), if the payment is to be made in respect of Māori land:
e: section 326(11)
3: If this subsection applies, the amount to be paid to Kāinga Ora must take into account the restrictions on alienating Māori land under Te Ture Whenua Maori Act 1993
239: Betterment arising from public transport infrastructure
1: This section applies if—
a: Kāinga Ora acquires or takes a part of any land under section 256
b: the part of the land that remains with the land owner will have access or frontage to the public transport infrastructure; and
c: by reason of the development, the value of the remaining part of the land is increased by an amount that exceeds the amount of compensation payable for the acquisition or taking under section 259
2: Kāinga Ora may require the land owner to pay to it the amount of the excess in accordance with section 326(3) to (10)
a: the reference in section 326(3)
b: the modifications set out in section 238(2)
240: Betterment revenue must be used for roads or public transport infrastructure
Kāinga Ora must use any money received under section 238 239
a: within the project area from which the revenue was received; or
b: outside the project area, so long as the roads directly benefit, or the public transport infrastructure directly benefits, all or a part of the project area.
5: Charges for infrastructure, services, and administration
Infrastructure and service charges
241: Kāinga Ora may fix infrastructure and service charges
1: Kāinga Ora may, by public notice, fix a charge for a connection to infrastructure or for a service provided by Kāinga Ora if—
a: the infrastructure or service is part of a specified development project; and
b: the charge is prescribed in the project's development plan.
2: A charge fixed under this section may only—
a: apply to connections or services provided by Kāinga Ora to the extent that they are not funded by targeted rates or development contributions; and
b: be payable by a person who—
i: uses the connection or service; or
ii: benefits directly from it; and
c: recover the actual and reasonable costs incurred by Kāinga Ora in providing for the person's use of, or benefit from, the connection or service.
3: A connection referred to in subsection (1)—
a: includes a connection relating to three waters services; but
b: excludes a connection relating to roads or public transport infrastructure. Administrative charges
242: Kāinga Ora may fix administrative charges
1: Kāinga Ora may, by public notice, fix an administrative charge for the purposes of a specified development project if the charge is prescribed in the project's development plan.
2: Kāinga Ora may, to the extent authorised by the development plan, fix different charges—
a: in relation to different areas or different classes of applicant, consent holder, or requiring authority; or
b: where an activity undertaken by the persons liable to pay a charge reduces the cost to Kāinga Ora of exercising its powers or carrying out its functions or duties.
3: Kāinga Ora may, in a particular case, impose an additional administrative charge to that fixed under this section if the fixed charge is inadequate for Kāinga Ora to recover its actual and reasonable costs.
243: Considerations when fixing or imposing administrative charges
1: Kāinga Ora must have regard to the matters set out in this section when fixing or imposing an administrative charge.
2: The sole purpose of a charge is to recover actual and reasonable costs incurred by Kāinga Ora in exercising or carrying out its functions, powers, or duties under subpart 2
3: A person should not be required to pay a charge except to the extent that 1 or more of the following apply:
a: the person, as distinct from the community in the project area, obtains a benefit from the actions of Kāinga Ora to which the charge relates:
b: the need for the actions of Kāinga Ora results from the actions of the person:
c: if the charge is in respect of the monitoring functions of Kāinga Ora under section 109(2)
i: the monitoring relates to the likely effects on the environment of the person's activities; or
ii: the likely benefit to the person of the monitoring exceeds the likely benefit of the monitoring to the community in the project area. 1991 No 69 s 36AAA
244: Kinds of administrative charges
1: Kāinga Ora may fix 1 or more of the following kinds of administrative charges:
a: charges payable by the applicant for a resource consent for Kāinga Ora to carry out its functions in relation to receiving, processing, and granting the resource consent (including a certificate of compliance or existing use certificate):
b: charges payable by a person who requests a private plan change, for Kāinga Ora to carry out its functions in relation to the request:
c: charges payable by a requiring authority for Kāinga Ora to carry out its functions in relation to designations:
d: charges, for the cost of a hearing and decision (or recommendation) by 1 or more hearings commissioners, payable by the person who requests the hearings commissioners if the person is—
i: an applicant for a resource consent; or
ii: a person who requests a private plan change; or
iii: a requiring authority that gives notice of a requirement for a designation:
e: charges payable, as follows, if a person referred to in paragraph (d)(i) to (iii) does not request hearings commissioners but 1 or more submitters on the matter do make that request:
i: charges payable by the relevant person under paragraph (d)(i) to (iii) for the amount that Kāinga Ora estimates would be the cost of hearing and deciding (or making a recommendation on) the matter had the request not been made; and
ii: charges payable by the submitters who made the request for equal shares of any amount by which the cost of hearing and deciding (or making a recommendation on) the matter exceeds the amount payable under subparagraph (i):
f: charges payable by a holder of a resource consent for the carrying out by Kāinga Ora of its functions in relation to the administration, monitoring, and supervision of the resource consent (including a certificate of compliance or existing use certificate):
g: charges payable by a holder of a resource consent for the carrying out by Kāinga Ora of its functions in relation to reviewing consent conditions if the review is carried out—
i: at the request of the consent holder; or
ii: under section 128(1)(a) or (c)
iii: in accordance with section 128(2)
iii:
h: charges payable by a person who carries out a permitted activity in a project area, for the monitoring of the activity, if a local authority is empowered to charge for the monitoring in accordance with section 43A(8)
h:
i: charges for providing information or documents, payable by the person requesting the information or documents:
j: any kind of charge that—
i: is authorised by regulations made for the purposes of section 36 see
ii: relates to functions, powers, or duties of a local authority that correspond with those of Kāinga Ora under subpart 2
2: Kāinga Ora may also fix administrative charges to recover its costs in relation to any request to exchange recreation reserve land under section 15AA
a: an application for a resource consent; or
b: a request for a private plan change.
3: In subsection (1), a reference to a requiring authority does not include Kāinga Ora. 1991 No 69 s 36 Section 244(1)(g)(ii) replaced 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 244(1)(g)(iii) inserted 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 244(1)(g)(iii) repealed 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 244(1)(h) inserted 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 244(1)(h) repealed 24 August 2023 section 805(1) Natural and Built Environment Act 2023 Section 244(1)(j)(i) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 All charges under this subpart
245: Application of sections 246 to 249
Sections 246 to 249
a: infrastructure and service charges; and
b: administrative charges.
246: Waiver or remission of charges
Kāinga Ora may, in any particular case, exercise its discretion to waive or remit the whole or a part of any charge that would otherwise be payable. 1991 No 69 s 36AAB(1)
247: No action until charges are paid
1: If a charge is payable to Kāinga Ora, Kāinga Ora need not perform the action to which the charge relates until the charge has been paid to Kāinga Ora in full.
2: However, subsection (1) does not apply to a charge of a kind described in section 244(1)(e)(ii) or (g)(iii) 1991 No 69 s 36AAB(2), (3)
248: Publication of charges
Kāinga Ora must publish on its Internet site an up-to-date list of charges—
a: that have been fixed under section 241 242
b: adjusted under section 249 1991 No 69 s 36AAB(4)
249: Adjustment of charges
1: The amount of a charge prescribed in a development plan may be adjusted only by way of—
a: a formula set out in the development plan that takes account of cost movements and adjusts the charges accordingly; or
b: a regular review, as prescribed in the development plan, when charges may be adjusted to reflect the changing costs of Kāinga Ora.
2: If Kāinga Ora proposes to adjust the amount of a charge as a result of the review, it must—
a: consult on the proposed adjustment in accordance with the special consultative procedure set out in section 83
b: give public notice of the new amount as soon as practicable after the adjustment is made; and
c: update the development plan to reflect the new amount.
3: For the purposes of subsection (2)(a), the Local Government Act 2002
a: a reference to a local authority must be read as a reference to Kāinga Ora; and
b: sections 82 to 87 sections 82A 86
c: for the purposes of section 87(3)(b) section 77(1)
4: Section 90
5: Section 91
5: General land acquisition powers
1: Preliminary provisions
250: Overview of this Part
1: This Part gives special powers for the acquisition of land for specified works that Kāinga Ora initiates, facilitates, or undertakes. A specified work may be part of a specified development project, but that is not required.
2: Section 252
3: Subpart 2
a: transfer a public work to Kāinga Ora:
b: set apart Crown land or a part of the common marine and coastal area:
c: transfer to Kāinga Ora former reserve land that has been set apart under section 138(1)
d: acquire or take other land for Kāinga Ora using a modified version of the process under the Public Works Act 1981
4: Subpart 3
5: Subpart 4
6: Subpart 5 see section 9
251: Interpretation for this Part
In this Part, unless the context otherwise requires,— acquired by Kāinga Ora Crown land section 2 development agreement section 265(2) housing
a: means 1 or more residences; and
b: includes—
i: a dwelling house:
ii: a retirement village:
iii: a facility that is intended to provide health or social care in a residential setting, including a rest home (within the meaning of section 58(4)
iv: papakāinga:
v: temporary accommodation in the nature of a night shelter, wet house, boarding house, hostel, or accommodation provided to persons on bail or parole:
vi: any structure that is ancillary to housing land section 2 of the Public Works Act 1981 local authority section 2 retirement village
a: means the part of any land or building that contains 2 or more residential units that provide, or are intended to provide, residential accommodation predominantly for persons in their retirement; and
b: includes land or a building of the kind described in paragraph (a) regardless of whether the accommodation is also provided, or intended to be provided,—
i: to the spouses or partners of persons in their retirement; or
ii: together with health or other services or facilities right of resumption section 266 specified work section 252 urban renewal
252: Meaning of specified work
1: In this Part, specified work
a: means a work for the purpose of urban development; and
b: includes, to the extent the work is for the purpose of urban development,—
i: a work for the purpose of 1 or more of the following:
A: housing:
B: urban renewal:
C: a transport network (including an aviation and a maritime transport network):
D: water, energy, or telecommunications infrastructure:
E: a community facility:
F: a facility for emergency services:
G: a waste disposal or recycling facility:
H: a reserve or other public space:
I: a crematorium or cemetery (which, to avoid doubt, includes an urupā):
ii: a work to avoid, remedy, or mitigate the effects of natural hazards or climate change:
iii: the reinstatement elsewhere of a work located on land that is set apart, acquired, or taken under this Part:
iv: any other work that is a public work within the meaning of section 2
2: However, a work that is to be used for a commercial or industrial purpose is a specified work only if 1 or more of the following apply:
a: the work is a community facility:
b: the work supports the development of housing:
c: the work involves urban renewal.
2: Transfer and acquisition of land
253: Kāinga Ora may request that Minister for Land Information transfer or acquire land
1: Kāinga Ora may request that the Minister for Land Information do 1 or more of the following for the purpose of a specified work that is (or is to be) initiated, facilitated, or undertaken by Kāinga Ora:
a: transfer an existing public work to Kāinga Ora ( see section 254
b: set apart Crown land or a part of the common marine and coastal area ( see section 255
c: transfer to Kāinga Ora former reserve land that has been set apart under section 138(1) see section 257
d: acquire or take any other land for Kāinga Ora ( see section 256
2: Before Kāinga Ora may make a request under subsection (1)(b), the responsible Minister must—
a: consult the Minister for Treaty of Waitangi Negotiations, if the land is potentially needed for any future settlements of Treaty of Waitangi claims; and
b: obtain the consent of the Minister of Transport or the Minister of Conservation (whichever is appropriate), if the request is to set apart a part of the common marine and coastal area.
3: Kāinga Ora may make a request—
a: under subsection (1) whether or not it intends to undertake the development itself or to transfer the land for the purposes of the development:
b: under subsection (1)(a) whether or not the specified work is of the same kind as the existing public work.
4: Subsection (2)(b) does not apply if a development plan provides for the setting apart.
5: To avoid doubt, nothing in this subpart affects any other authority that enables Kāinga Ora or the Minister for Land Information to purchase, take, or otherwise acquire land for any purpose.
254: Existing public work
1: The Minister for Land Information may, in accordance with the request under section 253(1)(a)
a: transfer an existing public work to Kāinga Ora; and
b: transfer to, or acquire or take for, Kāinga Ora the land on which the public work is located.
2: The Minister must,—
a: if the land is owned by the Crown, transfer the land in accordance with section 257
b: if the land is owned by a local authority, acquire or take the land in accordance with section 256
3: Land that is transferred, acquired, or taken under this section becomes held for a specified work (instead of a public work) and this Part applies accordingly.
4: To avoid doubt, land may be transferred, acquired, or taken in accordance with this section despite sections 40 to 42
255: Crown land and common marine and coastal area
1: The Minister for Land Information may, in accordance with a request under section 253(1)(b)
a: Crown land is set apart for a specified work:
b: a part of the marine and coastal area is set apart for a specified work.
2: The Minister must make the declaration by notice in the Gazette
3: If Crown land is set apart under this section, the Minister must transfer the land to Kāinga Ora in accordance with section 257
256: Private and other land
1: The Minister for Land Information may acquire or take land under this section for a specified work—
a: in accordance with a request under section 253(1)(d)
b: if the Minister is required to acquire or take the land by section 254(2)(b)
2: The acquisition or taking must be carried out in accordance with Part 2
a: that Part applies as if the specified work were a government work:
b: section 21
c: section 23(1A)
d: section 26(3)
i: the land vests in fee simple in Kāinga Ora (rather than in the Crown); and
ii: the following (if any) continue to apply:
A: a heritage covenant under section 39
B: an open space covenant under section 22
C: a conservation interest:
e: section 27
f: under section 30
g: if the land is owned by a Crown agent, the Crown agent's right to object under Part 2 section 258
3: See section 17(3) section 17(4) section 17 Procedure in certain cases
257: Procedure for transfer of Crown-owned land
1: This section applies if the Minister for Land Information—
a: receives a request under section 253(1)(c)
b: is required to transfer land to Kāinga Ora by section 254(2)(a) 255(3)
2: The Minister for Land Information may transfer the land to Kāinga Ora—
a: only in accordance with the terms and conditions, including the price (if any), agreed between—
i: the Minister for Land Information; and
ii: the joint Ministers; and
iii: the Minister or Ministers who oversee, or are responsible for, the land; and
b: if the Tāmaki Makaurau Protocol applies to the land, only after—
i: the Crown has complied with the protocol; or
ii: the Limited Partnership (within the meaning of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
3: The Minister for Land Information must make the transfer by declaration under section 20
4: In this section, Tāmaki Makaurau Protocol
258: Crown agent's right of objection limited
1: This section applies if land being acquired or taken under section 256
2: The Crown agent may not object to the taking of the land to the Environment Court.
3: Instead, the Crown agent may object to the Minister for Land Information and the Crown agent's responsible Minister.
4: If an objection is received, the following Ministers must jointly determine whether the acquisition may proceed:
a: the joint Ministers:
b: the Minister for Land Information:
c: the Crown agent's responsible Minister. Compensation and other matters
259: Compensation may be claimed
1: If land is acquired or taken under section 256 Parts 5 6
a: those Parts apply as if the specified work were a government work:
b: any reference to land acquired or taken under that Act includes land acquired or taken under section 256
c: section 61
d: in section 72A(1)(b)(i)
e: section 105(1)(c)
2: For the purposes of section 83
3: This section is subject to section 260
260: Alternative compensation may be agreed
1: Instead of receiving compensation under section 259
2: If a person agrees to receive compensation under this section, the person is not entitled to compensation under section 259
3: Kāinga Ora must advise the person of the effect of subsection (2) before entering into the agreement.
261: Crown may recover costs from Kāinga Ora
The actual and reasonable costs and expenses incurred by the Minister for Land Information in transferring, acquiring, or taking land in accordance with a request under section 253 section 259 260
262: Registrar-General must note that land held for specified work
1: Kāinga Ora must advise the Registrar-General of Land in writing of any transfer of land to, or vesting of land in, Kāinga Ora under this Part.
2: On receiving the advice, the Registrar-General of Land must, on completion of any surveys that may be necessary,—
a: issue a record of title for the land in the name of Kāinga Ora; and
b: note on the record of title the specified work for which the land is held. 1981 No 35 s 47
3: Dealing with land acquired under this Part
Leases, easements, etc
263: Kāinga Ora may grant leases, easements, etc
1: Kāinga Ora may do 1 or more of the following with land acquired by Kāinga Ora under this Part:
a: grant a lease or tenancy of the land:
b: grant a licence to occupy the land:
c: grant to a person an easement in, through, over, or under the land.
2: Kāinga Ora may grant the lease, tenancy, licence, or easement on the terms and conditions (including rent) that Kāinga Ora thinks fit.
3: For an easement, those terms and conditions include, except where otherwise specifically agreed, the right to revoke the easement without compensation on 3 months’ written notice.
4: Kāinga Ora may at any time accept the surrender of a lease, a tenancy, a licence, or an easement that is granted under this section.
5: Kāinga Ora may grant a lease, a tenancy, a licence, or an easement under this section in respect of, together with or separately from the surface of the land,—
a: the whole or any portion of the air space above the land:
b: the whole or any portion of the subsoil of the land.
6: All rents and profits derived from land under this section must be paid into the bank account of Kāinga Ora. 1981 No 35 ss 45 48 49 Transfer of land to developer
264: Kāinga Ora may transfer land to developer
1: Kāinga Ora may transfer the ownership of the land acquired by Kāinga Ora under this Part to 1 or more developers so that they may undertake 1 or more specified works on the land.
2: The transfer must be made in accordance with section 265
265: Preconditions for transfer of land to developer
1: This section sets out conditions that Kāinga Ora must meet before it may transfer land under section 264 Development agreement
2: Kāinga Ora must enter into a development agreement with the 1 or more transferees that includes—
a: a description of the land to which the agreement relates, including its legal description; and
b: a description of the 1 or more specified works to be developed; and
c: the date by which each specified work is to be completed; and
d: how compensation will be determined if the land is resumed under the Crown’s right of resumption; and
e: whether the transferee is, or transferees are, to dispose of the land to Kāinga Ora or to another person (who need not be identified in the agreement) in accordance with section 273
f: if the land is to be disposed of to Kāinga Ora, when, or the circumstances in which, that is to occur; and
g: how disputes between the parties will be resolved.
3: The development agreement is a legally enforceable contract once it is signed by all parties who will be bound by the agreement.
4: The development agreement must not require a person to—
a: grant a resource consent; or
b: issue a building consent under the Building Act 2004
c: issue a code of compliance under the Building Act 2004
d: grant a certificate under section 224(c)
e: issue an authorisation for a service connection.
5: A person may not refuse to grant or issue anything referred to in subsection (4) on the basis that a development agreement has not been entered into under this section. Māori interests
6: Kāinga Ora must—
a: consult the Minister for Treaty of Waitangi Negotiations, if the land is potentially needed for any future settlements of Treaty of Waitangi claims; and
b: comply with section 277
c: to avoid doubt, comply with the right of first refusal and the right of second refusal (if any), if the land is RFR land. Minister of Conservation's conditions
7: If the land is subject to conditions approved by the Minister of Conservation under section 72(9)(a)
a: that the transfer is permitted by the conditions; or
b: that the conditions have been satisfied or are no longer necessary. Section 265(4)(d) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
266: Right of resumption
1: The Crown has the right to resume title to land transferred under section 264
2: The right of resumption must be exercised in accordance with sections 269 270
3: The right of resumption ceases to apply if the land is disposed of in accordance with the development agreement.
4: The right of resumption overrides any provision that is included in a development agreement for the purposes of section 265(2)(e) or (f)
267: Registrar-General of Land must note right of resumption
1: Kāinga Ora must advise the Registrar-General of Land in writing of the transfer of any land under section 264
2: The Registrar-General of Land must note the right of resumption on the record of title.
3: The right of resumption has priority over any other interest registered on the title (for example, a mortgage).
268: Removal of notation recording right of resumption
1: Kāinga Ora must request that the Registrar-General of Land remove the notation recording the right of resumption if the right of resumption ceases to apply under section 266(3)
2: The Registrar-General of Land must remove the notation recording the right of resumption if requested to do so in accordance with this section.
3: A request under this section must be in writing.
269: When right of resumption may be exercised
1: The Minister for Land Information—
a: may exercise the right of resumption if Kāinga Ora considers it is reasonably necessary to enable 1 or more specified works to be completed; and
b: must exercise the right of resumption if the Minister receives a recommendation under section 274(4)
2: This section does not limit the ability of Kāinga Ora under section 253
270: How right of resumption is exercised
1: The Minister for Land Information must exercise the right of resumption in accordance with Part 2
a: section 18
b: section 23(3)
c: section 26(3)
i: the land vests in fee simple in Kāinga Ora (rather than in the Crown); and
ii: the following (if any) continue to apply:
A: a heritage covenant under section 39
B: an open space covenant under section 22
C: a conservation interest:
d: under section 30
2: This section does not limit the Minister's power under Part 2
4: Disposal and setting apart of land acquired under this Part
271: Restrictions on disposal of land under this subpart: Māori interests
1: This section applies to the disposal under sections 273 to 275
2: If the land is potentially needed for any future settlements of Treaty of Waitangi claims, Kāinga Ora must consult the Minister for Treaty of Waitangi Negotiations before the land is disposed of—
a: under section 273
b: under section 274 section 42
c: under section 275
3: If the land is former Māori land, it may be disposed of only in accordance with section 277
4: To avoid doubt, if the land is RFR land, it may be disposed of only in accordance with the right of first refusal and the right of second refusal (if any).
272: Restrictions on disposal or setting apart of land under this subpart: conservation matters
1: This section applies if land that has been acquired by Kāinga Ora under this Part is subject to conditions included in a development plan by the Minister of Conservation under section 72(9)(a)
2: The land may be disposed of or set apart under this subpart only if—
a: Kāinga Ora has requested and received written confirmation from the Minister of Conservation that the conditions have been satisfied or are no longer necessary; and
b: in a case where the land is to be disposed of or set apart—
i: under section 274
ii: under section 275 276
273: Disposal of land if certain specified work completed
1: This section applies if the only works completed on land acquired by Kāinga Ora under this Part are 1 or more of the specified works described in the following provisions:
a: section 252(1)(b)(i)(A)
b: section 252(1)(b)(i)(B)
c: section 252(1)(b)(iii)
d: section 252(2)
2: Kāinga Ora or any transferee under section 264 section 274
3: For the purposes of this section, a specified work is completed
a: in accordance with the development agreement, if the land is owned by a transferee under section 264
b: otherwise to the satisfaction of Kāinga Ora, if—
i: the land is owned by Kāinga Ora; or
ii: the land is owned by a transferee under section 264
274: Disposal of land no longer required for specified work
1: This section applies to land acquired by Kāinga Ora under this Part if the land—
a: is no longer required for a specified work; and
b: is not subject to section 273 275
2: If the land is owned by Kāinga Ora, the chief executive under the Public Works Act 1981 sections 40 42
3: For the purposes of subsection (2), the Public Works Act 1981
a: the land must be treated as if it were owned by the Crown and held for a public work; and
b: a disposal under section 42 section 271(2)(b)
4: If the land is owned by a transferee under section 264
a: Kāinga Ora must recommend that the Minister for Land Information exercise the right of resumption; and
b: once the land is acquired by Kāinga Ora, it must be disposed of in accordance with subsection (2).
5: In this section, no longer required for a specified work
a: if the land is owned by Kāinga Ora, that Kāinga Ora has determined that it is no longer required for a specified work; or
b: if the land has been transferred under section 264
i: the landowner has advised Kāinga Ora that they no longer intend to complete the specified work agreed in the development agreement; or
ii: the landowner has completed something other than the specified work agreed in the development agreement.
275: Disposal of land for public work
1: This section applies to land that has been acquired by Kāinga Ora under this Part and is currently held by Kāinga Ora.
2: The land (and any specified work on the land) may be disposed of to the Crown or a local authority for a public work in accordance with section 50
3: For the purposes of subsection (2), that Act applies, with all necessary modifications, as if a specified work were a public work and Kāinga Ora were a local authority.
276: Setting apart of land for different specified work
1: This section applies to land that has been acquired by Kāinga Ora under this Part and is currently held by Kāinga Ora.
2: The Minister for Land Information may declare the land to be set apart for another specified work that is initiated, facilitated, or undertaken by Kāinga Ora.
3: The Minister must make the declaration in accordance with section 52
4: No consent referred to in section 52(2) or (3)
5: Transfer or disposal of former Māori land
277: Rules for transferring or disposing of former Māori land
1: Former Māori land on which a specified work is initiated, facilitated, or undertaken by Kāinga Ora may be transferred or disposed of—
a: only to Kāinga Ora, the Crown, or a local authority in accordance with this Act or the Public Works Act 1981
b: to another person, but only if the land has first been offered back to its former owners in accordance with section 278
2: The offer under subsection (1)(b) must be made by—
a: the chief executive under the Public Works Act 1981
b: the local authority, if the land is owned by a local authority.
3: The chief executive under the Public Works Act 1981
4: The land does not need to be offered to its former owners under subsection (1)(b) if the land has already been offered to them under section 18(2)(b)
5: To avoid doubt, if the land is also RFR land,—
a: an offer must be made under subsection (1)(b) before the land is offered to the holder of the right of first refusal or the right of second refusal (if any); and
b: the landowner may transfer or dispose of the land in any other way only after complying with the right of first refusal and the right of second refusal (if any).
278: Offer back of former Māori land
1: This section applies to the offer back of former Māori land under section 18(2)(b) 277(1)(b)
2: The chief executive under the Public Works Act 1981
a: in accordance with section 40(2)(c) and (d)
b: in accordance with section 41(1)(e) section 134
3: For the purposes of subsection (2),—
a: section 40(2A), (3), and (5)
b: sections 40(1), (2)(a) and (b), and (4) 41(1)(a) to (d)
6: Powers of entry, governance, and delegation
1: Powers of entry
279: Meaning of authorised person
In this subpart, authorised person
a: means a person appointed under section 284
b: to avoid doubt, does not include an authorised person who is acting in another capacity (for example, as an enforcement officer appointed under section 109(3)
280: Power to enter land and buildings
1: An authorised person may enter any land or building for any purpose connected with 1 or more of the following:
a: the assessment of a potential specified development project under subpart 1
b: the preparation, change, or review of a draft development plan under subpart 2
c: the exercise of—
i: roading powers that Kāinga Ora has and that provide for a power of entry:
ii: water-related infrastructure powers that Kāinga Ora has:
d: the assessment of land for acquisition under Part 5
2: In exercising the power under subsection (1), an authorised person may—
a: carry out surveys, investigations, tests, or measurements; and
b: take samples of any water, air, soil, or vegetation; and
c: enter the land or building with—
i: any person who is reasonably required for the purpose for which the entry is made; and
ii: any vehicle, appliance, machinery, or other equipment that is reasonably required for that purpose.
3: In this section, acquisition
281: Limits on powers of entry: timing and excluded properties
The powers of entry that an authorised person has under this subpart—
a: may be used only to enter land or a building at reasonable times during ordinary business hours; and
b: must not be used to enter a dwelling house, marae, or building associated with a marae.
282: Notice of entry
1: Before entering land or a building under this subpart, Kāinga Ora must give at least 10 working days’ written notice of the proposed entry to the owner and the occupier of the land or building.
2: The notice must state—
a: that the entry is authorised under this subpart; and
b: the reason for the entry; and
c: how, when, and by whom the entry is proposed to be made.
3: The owner or occupier may apply to the District Court for an order under subsection (4) if the owner or occupier—
a: applies within 10 working days after receiving the notice; and
b: before making the application, gives notice to Kāinga Ora of their intention to do so.
4: If it appears to the court that the proposed entry is unreasonable or unnecessary, the court may order that the proposed entry—
a: must not be undertaken or must not be undertaken in the manner proposed; or
b: may be undertaken, but only in compliance with any conditions that the court thinks fit.
283: Other requirements when exercising power of entry
1: An authorised person who is exercising a power of entry under this subpart must carry and produce when asked to do so by the owner or occupier of the land or building—
a: evidence of their authorisation to enter the land or building; and
b: evidence of their identity.
2: If land or a building is unoccupied when an authorised person enters it under a power of entry, the authorised person must attach, in a prominent place, a written notice advising of—
a: the date and time of the entry; and
b: the reason for the entry; and
c: the authorised person’s name and phone number; and
d: an address at which inquiries may be made.
3: Every person accompanying an authorised person exercising a power of entry is subject to the control of the authorised person.
284: Appointment of authorised persons
1: Kāinga Ora may, by notice in writing, appoint any of the following persons as authorised persons to exercise 1 or more of the powers of entry under this subpart:
a: an individual who is—
i: a Kāinga Ora employee or working for Kāinga Ora as a contractor or secondee; or
ii: an employee of, or working as a contractor or secondee for, a wholly-owned Crown entity subsidiary of Kāinga Ora:
b: any other person who Kāinga Ora is satisfied—
i: is suitably qualified and trained to exercise the powers of entry for which they are appointed; or
ii: belongs to a class of persons who Kāinga Ora is satisfied is suitably qualified and trained to exercise the powers of entry for which they are appointed.
2: An authorised person’s powers of entry are subject to any conditions or limitations set out in their notice of authorisation.
285: Offence to obstruct authorised person
1: A person commits an offence if they intentionally obstruct or impede an authorised person, or a person assisting an authorised person, in the exercise of a power under section 280
2: The person is liable on conviction to a fine not exceeding $1,500.
2: Project governance
286: Meaning of committee
In this subpart, committee section 10(1)
287: Application of sections 288 and 289
Sections 288 289
a: projects that are being assessed as potential specified development projects:
b: specified development projects:
c: other urban development projects, if they are undertaken by Kāinga Ora.
288: Factors relevant to decisions on governance of urban development projects
1: When Kāinga Ora is considering the governance arrangements for an urban development project, it must have regard to—
a: the desirability of collaboration and effective partnerships with communities, relevant territorial authorities, and Māori; and
b: the capability needed to effectively govern the project; and
c: the capability needed to engage with and understand the perspectives of Māori in the area where the project is being, or is proposed to be, carried out.
2: Kāinga Ora may also have regard to any other factors that it considers are relevant.
289: Types of project governance bodies
1: The project governance body for an urban development project may be Kāinga Ora, or may be an entity of any type (regardless of whether Kāinga Ora has an interest in that entity) including—
a: a Crown entity subsidiary of Kāinga Ora; or
b: a committee appointed by the board of Kāinga Ora; or
c: a company, partnership, joint venture, or trust.
2: If the establishment order for a specified development project identifies a project governance body by type of entity, Kāinga Ora must appoint for that project a project governance body that is consistent with that type. Specified development projects: certain types of project governance bodies
290: Supporting territorial authorities
1: Subsection (2) applies if, in relation to a specified development project,—
a: the project governance body is, or will be,—
i: a wholly-owned Crown entity subsidiary of Kāinga Ora; or
ii: a committee appointed by the board of Kāinga Ora; and
b: there are 1 or more supporting territorial authorities.
2: Every supporting territorial authority is entitled to have, at all times, 1 person whom the supporting territorial authority has nominated holding an appointment as a governing officer of the project governance body.
3: Subsection (2) does not require, or permit, Kāinga Ora or its board to appoint any person as a governing officer of a project governance body unless Kāinga Ora or its board, as relevant, is satisfied that—
a: the person is suitable for the appointment; and
b: the appointment can be validly made.
4: Subsection (5) applies in relation to a supporting territorial authority at any time when there is only 1 person whom the supporting territorial authority nominated who holds an appointment as a governing officer of a project governance body described in subsection (1).
5: Despite subsection (2), Kāinga Ora or its board (as relevant) may, after consulting the supporting territorial authority, remove the person—
a: for just cause; and
b: with as little formality and technicality, and as much expedition, as is permitted by—
i: the principles of natural justice; and
ii: a proper consideration of the matter.
6: A supporting territorial authority may agree to waive its entitlement under subsection (2) (for example, for a period of time) and, if so, subsection (2) applies subject to that agreement.
7: In this section,— governing officer
a: if the project governance body is, or will be, a wholly-owned Crown entity subsidiary of Kāinga Ora, means a director of the board of that subsidiary:
b: if the project governance body is, or will be, a committee appointed by the board of Kāinga Ora, means a member of that committee just cause supporting territorial authority 2004 No 115 ss 40 41 Administrative
291: Kāinga Ora must publish appointments of project governance bodies
1: Kāinga Ora must publish on its Internet site—
a: details of appointments of project governance bodies; and
b: for each project governance body, a copy of any written notice of delegation to that body.
2: Kāinga Ora must also publish on its Internet site details of the appointment of any person as a director, member, or other governing officer of a project governance body.
3: For specified development projects, the information that this section requires to be published must be published alongside the information published for the project under section 50
4: In this section, delegation
a: means a delegation of functions or powers of Kāinga Ora or its board; and
b: includes any power of subdelegation.
292: Provision applying if period where no project governance body appointed for specified development project
Despite anything to the contrary in this Act, if at any time there is no project governance body appointed for a specified development project, Kāinga Ora is the project governance body.
3: Delegations
293: Kāinga Ora must have policy on delegating functions and powers
Kāinga Ora must have a policy that is designed to assist Kāinga Ora—
a: to consider, in the course of performing its functions and exercising its powers to undertake urban development projects, whether it could most efficiently and effectively do that by means of its own operations, or by delegating to appropriate persons; and
b: to monitor, at appropriate times, decisions it has made on matters covered by the policy.
294: Duty of Kāinga Ora relating to delegated functions and powers
1: This section applies in relation to any delegation, by or authorised by the board of Kāinga Ora, of 1 or more of the functions or powers of Kāinga Ora under this Act.
2: Kāinga Ora must ensure that the person who is delegated the function or power has the capability and capacity, as relevant,—
a: to act in accordance with subpart 1
b: to understand and apply Te Ture Whenua Maori Act 1993
c: to engage with Māori and understand perspectives of Māori.
295: Functions and powers that may not be delegated outside Kāinga Ora
1: Subsection (2) lists functions and powers of Kāinga Ora that its board may delegate only to the following person or persons:
a: a member or members:
b: the chief executive or any other employee or employees, or office holder or holders, of Kāinga Ora:
c: a committee appointed by the board of Kāinga Ora:
d: any class of persons comprising any of the persons listed in paragraphs (a) to (c):
e: a Crown entity subsidiary of Kāinga Ora.
2: The functions and powers are—
a: any functions and powers in Part 5
b: the powers in Part 4
3: This section applies despite section 73(1)(d)
296: Development plan for specified development project may approve delegations
1: This section applies if the development plan for a specified development project identifies a proposed delegation, to a specified person, of specified functions and powers relating to the project.
2: In respect of the proposed delegation to the person, the development plan satisfies the requirement for approval by the responsible Minister for Kāinga Ora under section 73(1)(d)
3: This section does not limit section 295
297: Certain delegations subject to relevant territorial authority approval
1: This section applies if, in relation to a specified development project, the board of Kāinga Ora delegates any of its functions and powers to—
a: a local authority; or
b: in Auckland, Auckland Transport.
2: In addition to the approval required under section 73(1)(d)
4: Amendments
298: Section 117 of this Act amended
1: This section amends this Act.
2: In section 117 91C 91F 2020-09-30 Urban Development Act 2020 see s 2(2)(a)
299: Amendments to Kāinga Ora–Homes and Communities Act 2019
1: This section amends the Kāinga Ora–Homes and Communities Act 2019
2: In section 10(1) not fewer than 6, and not more than 8, members not fewer than 8, and not more than 10, members
3: In Schedule 1
2A: For the purposes of the Inland Revenue Acts (as defined in section 3(1) of the Tax Administration Act 1994), the Corporation and Kāinga Ora–Homes and Communities are treated as the same person. 2021-02-06 Kāinga Ora–Homes and Communities Act 2019 see s 2(2)(b) and 299(2) 2020-08-06 Kāinga Ora–Homes and Communities Act 2019 see s 2(2)(c) and 299(3) with effect on 1 October 2019.
300: Amendments to other Acts
Amend the enactments specified in Schedule 4 2020-08-07 Electricity Act 1992 Environmental Protection Authority Act 2011 Gas Act 1992 Kāinga Ora–Homes and Communities Act 2019 Land Transport Management Act 2003 Local Government Act 2002 Local Government Official Information and Meetings Act 1987 Local Government (Rating) Act 2002 Public Works Act 1981 Resource Management Act 1991 Te Ture Whenua Maori Act 1993 Telecommunications Act 2001