New Zealand Acts

URBAN DEVELOPMENT ACT 2020

- As at 17 February 2024
- Act 42 of 2020

TABLE OF PROVISIONS

   1.      Title
   2.      Commencement

   PART 1 - Preliminary provisions

           SUBPART 1 - Purpose and principles

   3.      Purpose of this Act
   4.      Treaty of Waitangi
   5.      Principles for specified development projects

           SUBPART 2 - Overview of this Act

   6.      Overview of this Act
   7.      Overview of provisions about specified development projects
   8.      Overview of provisions about urban development by Kāinga Ora generally

           SUBPART 3 - Interpretation and application

   9.      Interpretation
   10.     Meaning of urban development, urban development project, and specified development project
   11.     Examples do not limit provisions
   12.     Transitional, savings, and related provisions
   13.     Act binds the Crown
   14.     Application of other enactments
   15.     Treaty settlement obligations prevail

           SUBPART 4 - Restrictions on developing certain land

   16.     Application of sections 17 to 19
   17.     Protected land
   18.     Former Māori land
   19.     RFR land
   20.     When protected land, former Māori land, and RFR land may be included in project area and development plan
   21.     Land that may be needed for settlement of Treaty of Waitangi claims

           SUBPART 5 - Miscellaneous

   22.     Engagement requirements
   23.     Duty to co-operate
   24.     Duty to avoid unreasonable delay
   25.     Judicial review rights

   PART 2 - Specified development projects

           SUBPART 1 - How specified development projects are established

   26.     Key features of specified development projects
   27.     Project objectives
   28.     Criteria for establishing specified development project
   29.     Kāinga Ora or joint Ministers select project
   30.     Status of ministerial direction
   31.     Kāinga Ora assesses project
   32.     Kāinga Ora identifies constraints and opportunities
   33.     Kāinga Ora engages with Māori and key stakeholders
   34.     Project areas that include specified conservation-related area
   35.     Kāinga Ora gives public notice of proposed key features and invites feedback
   36.     Changes to proposed key features
   37.     Kāinga Ora prepares project assessment report
   38.     Contents of report: recommendation to establish specified development project
   39.     Contents of report: project should not be established
   40.     Territorial authorities invited to indicate support
   41.     Territorial authorities must respond to invitation
   42.     Territorial authority not required to consult before responding
   43.     Joint Ministers make decision on report
   44.     Decision to establish specified development project
   45.     Decision to refer back report
   46.     Decision not to establish project as specified development project
   47.     Orders in Council establishing specified development projects
   48.     Effect of establishment order
   49.     Kāinga Ora must notify relevant local authorities of establishment order
   50.     Kāinga Ora must publish details of specified development projects on Internet site
   51.     Appointment of hearings commissioners
   52.     Amendments to key features of specified development projects
   53.     Orders in Council amending establishment orders
   54.     Transfer and disestablishment

           SUBPART 2 - Preparation of development plans

   55.     Application of this subpart
   56.     Development plan required for every specified development project
   57.     Functions of Kāinga Ora in preparing, amending, or reviewing development plan
   58.     Relevance of certain national instruments
   59.     In preparing development plan, Kāinga Ora to be sufficiently informed
   60.     Contents of development plan
   61.     Further contents of development plan: infrastructure
   62.     Further contents of development plan: funding
   63.     Further contents of development plan: targeted rates
   64.     Provisions that modify planning instruments
   65.     Existing designations for nationally significant infrastructure
   66.     Existing designations that are not for nationally significant infrastructure
   67.     New designations may be included before notification of draft development plan
   68.     Documents and other matters relevant to preparation of development plan
   69.     Evaluation report: general matters
   70.     Evaluation report: environmental matters
   71.     Evaluation report: infrastructure statement
   72.     Preconditions to be met before draft development plan notified
   73.     Public notice
   74.     Public submissions
   75.     Kāinga Ora must consider, and make recommendations on, submissions
   76.     Establishment of IHP
   77.     Purpose and role of IHP
   78.     Considerations relevant to IHP’s recommendations
   79.     IHP recommendations
   80.     Kāinga Ora must advise responsible Minister on IHP recommendations
   81.     Minister’s determination on draft development plan
   82.     Matters Minister must consider
   83.     Approval and notification of development plan as operative
   84.     Notice to Māori entities
   85.     Appeal rights in relation to development plan
   86.     Effect of development plan becoming operative
   87.     Continuing application of planning instruments in project area
   88.     When development plan and planning instruments may be inconsistent
   89.     Status and relevance of iwi planning documents
   90.     Review of development plan by Kāinga Ora
   91.     Amendment of development plan by Kāinga Ora
   92.     Requests for private changes to development plans
   93.     Process for requesting private change to development plan

   PART 3 - Effect of specified development projects

           SUBPART 1 - Transitional period and general

   94.     Overview of this subpart
   95.     Continuing application of planning instruments and role of local authorities in project area
   96.     Local authorities must include map of project area, etc, in planning instruments
   97.     Local authority may transfer consenting functions to Kāinga Ora
           Note
   98.     Local authority preparing or changing plan must have regard to certain additional matters
   99.     Relevant local authority must notify Kāinga Ora before final consideration of plan change
   100.    Power to decline plan change in project area by notice
   101.    Appeal rights in relation to exercise of section 100 power
   102.    Meaning of relevant application
   103.    What consent authority must do with relevant applications
   104.    Power to decline relevant applications or impose or modify conditions
   105.    Right of objection in relation to exercise of section 104 power
   106.    Appeal rights in relation to exercise of section 104 power
   107.    Kāinga Ora and territorial authorities must assist persons seeking to determine who does what
   108.    Information, advice, and record-keeping obligations from establishment

           SUBPART 2 - Resource consenting and designations for specified development project

   109.    Role of Kāinga Ora in relation to resource consent applications
   110.    Monitoring and enforcement of subdivision consents
   111.    Governance principle applying to Kāinga Ora acting as consent authority
   112.    Certain obligations to post-settlement governance entities continue under this Act
   112A.   Kāinga Ora may transfer consenting functions to relevant territorial authorities
   113.    Resource consents: decision-making framework
           Note
   114.    Resource consents required for activities relating to specified development project
   115.    Applications for resource consents
   116.    Processing of applications
   117.    Deferral and suspension
   118.    Further information may be requested at any time
   119.    Notification
   120.    Time limits for giving notice of decisions
   121.    Submission process for notified applications
   122.    Receipt and consideration of submissions
   123.    Hearings
   124.    Alternate appointments to hear and determine consent applications
   125.    Conditions and other obligations
   126.    Form and service of decision
   127.    Commencement of resource consents
   128.    Rights of objection under this Act
   129.    Appeal rights in relation to resource consents in project area
   130.    Right of appeal against direction given under section 85 of Resource Management Act 1991
   131.    Kāinga Ora is requiring authority
   132.    Notices of requirements for designations
   133.    Further modifications to Part 8 of Resource Management Act 1991
   134.    Approval of Kāinga Ora to lodge notice of requirement for new designations
   135.    Notice of requirement for proposals of national significance
   136.    Process applying to new or modified designations after development plan becomes operative

           SUBPART 3 - Reserves and conservation interests

   137.    Kāinga Ora may request that reserve status or conservation interest be revoked
   138.    Minister must give effect to development plan following request under section 137
   139.    Creation, classification, and vesting of reserves

           SUBPART 4 - Infrastructure

   140.    Application of this subpart
   141.    Overview of this subpart
   142.    Interpretation for this subpart
   143.    Meaning of roading powers
   144.    Kāinga Ora has roading powers if stated in development plan
   145.    Additional functions if Kāinga Ora has roading powers
   146.    Kāinga Ora has jurisdiction over roads for which it has roading powers
   147.    Limitations on Kāinga Ora exercising roading powers
   148.    Relevant territorial authority prohibited from performing functions and exercising powers that Kāinga Ora has under section 144(2)
   149.    Jurisdiction in respect of roads defined more widely than in Local Government Act 1974
   150.    Meaning of water-related infrastructure powers
   151.    Kāinga Ora has water-related infrastructure powers when development plan becomes operative
   152.    Construction of new water-related infrastructure on, under, or over roads
   153.    Limitations on power to construct new water-related infrastructure
   154.    Requirements before constructing new water-related infrastructure without land owner’s consent
   155.    When owner and occupier can be treated as having consented
   156.    What happens if owner or occupier objects
   157.    Right of appeal against determination of hearings commissioner
   158.    Construction authorised by development plan
   159.    Prohibition on others constructing new water-related infrastructure without consent of Kāinga Ora
   160.    Kāinga Ora responsible for costs of construction
   161.    Limitations on power to alter water-related infrastructure Kāinga Ora does not control
   162.    Controlling authority responsible for costs of operating and maintaining water-related infrastructure
   163.    Requirement to transfer water-related infrastructure once connected
   164.    Ongoing application of section 181(4) of Local Government Act 2002 to transferred water-related infrastructure
   165.    Duty of Kāinga Ora relating to works likely to affect nationally significant infrastructure
   166.    Meaning of bylaw change
   167.    Power of Kāinga Ora to propose bylaw change
   168.    Requirements before proposing bylaw change
   169.    Kāinga Ora publicly notifies proposed bylaw change and invites views, etc
   170.    Minor adjustments to proposed bylaw change
   171.    Kāinga Ora may request or require bylaw change
   172.    Notice requesting bylaw change
   173.    Refusal to make requested change does not prevent future requests
   174.    Circumstances where Kāinga Ora may require bylaw change
   175.    Notice requiring bylaw change
   176.    Bylaw-making authority must make bylaw changes required by development plan
   177.    Requirements under other Acts satisfied for making of bylaw changes
   178.    Bylaw-making authority must preserve bylaw changes made in accordance with this subpart
   179.    Bylaw-making authorities must consult Kāinga Ora on certain proposals
   180.    Review of bylaws by Kāinga Ora and bylaw-making authorities

   PART 4 - Funding of specified development projects

           SUBPART 1 - Preliminary provisions

   181.    Purpose of this Part
   182.    Interpretation for this Part

           SUBPART 2 - Targeted rates

   183.    General modifications to Local Government (Rating) Act 2002 when applied
   184.    What is rateable?
   185.    Who must pay rates?
   186.    Order in Council may authorise Kāinga Ora to set rates
   187.    Content of targeted rates order
   188.    Rates required for unforeseen and urgent circumstances
   189.    Procedure for setting rates
   190.    Kāinga Ora may set rates again within same financial year
   191.    Procedural requirements for rates resolution
   192.    Due date or dates for payment
   193.    How rates may be spent
   194.    When excess rates are refunded to ratepayers
   195.    Kāinga Ora to notify rates resolution to relevant territorial authority
   196.    Relevant territorial authority to collect rates
   197.    Relevant territorial authority to pay rates revenue to Kāinga Ora
   198.    Relevant territorial authority may retain some rates revenue to cover costs
   199.    Relevant territorial authority to retain and refund rates revenue if maximum is exceeded
   200.    Rates must be calculated in accordance with values and factors
   201.    Notice of rates assessment
   202.    Contents of rates assessment
   203.    Rates invoice
   204.    Penalties on unpaid rates
   205.    When Kāinga Ora may recover unpaid rates
   206.    Application of Local Government (Rating) Act 2002: calculation, payment, and recovery
   207.    Remission of rates
   208.    Recording remitted rates
   209.    Postponement of requirement to pay rates
   210.    Application of Local Government (Rating) Act 2002: postponed rates
           Note
   210A.   When Kāinga Ora may write off targeted rates
   211.    Application of Local Government (Rating) Act 2002: rating of Māori freehold land
   212.    Rating information database to include information on targeted rates
   213.    Rates records to include information on targeted rates
   214.    Kāinga Ora and relevant territorial authority to share rating information
   215.    Application of Local Government (Rating) Act 2002: rating information database and rates records
   216.    Kāinga Ora may assume functions of relevant territorial authority
   217.    Relevant territorial authority may delegate to its chief executive, etc
   218.    Application of local government Acts: other matters

           SUBPART 3 - Development contributions

   219.    Principles for development contributions
   220.    Meaning of development
   221.    Kāinga Ora may require development contributions
   222.    Determining amount of development contributions
   223.    Manner in which development contributions may be required
   224.    Limits on power to require development contributions
   225.    Right to reconsideration of requirement for development contributions
   226.    Objection to development contributions
   227.    Procedure for objection to development contributions
   228.    Costs of development contributions objections
   229.    Use of development contributions by Kāinga Ora
   230.    Use of development contributions for reserves
   231.    Alternative uses of development contributions for reserves
   232.    Consequences if development contributions unpaid
   233.    Refund of development contributions if developments do not proceed
   234.    Refund of development contributions if not used for reserves purposes
   235.    Development agreements
   236.    Review of development contributions policy
   237.    Transfer of previous development contributions to Kāinga Ora

           SUBPART 4 - Betterment payments

   238.    Betterment arising from forming or widening road
   239.    Betterment arising from public transport infrastructure
   240.    Betterment revenue must be used for roads or public transport infrastructure

           SUBPART 5 - Charges for infrastructure, services, and administration

   241.    Kāinga Ora may fix infrastructure and service charges
   242.    Kāinga Ora may fix administrative charges
   243.    Considerations when fixing or imposing administrative charges
   244.    Kinds of administrative charges
   245.    Application of sections 246 to 249
   246.    Waiver or remission of charges
   247.    No action until charges are paid
   248.    Publication of charges
   249.    Adjustment of charges

   PART 5 - General land acquisition powers

           SUBPART 1 - Preliminary provisions

   250.    Overview of this Part
   251.    Interpretation for this Part
   252.    Meaning of specified work

           SUBPART 2 - Transfer and acquisition of land

   253.    Kāinga Ora may request that Minister for Land Information transfer or acquire land
   254.    Existing public work
   255.    Crown land and common marine and coastal area
   256.    Private and other land
   257.    Procedure for transfer of Crown-owned land
   258.    Crown agent's right of objection limited
   259.    Compensation may be claimed
   260.    Alternative compensation may be agreed
   261.    Crown may recover costs from Kāinga Ora
   262.    Registrar-General must note that land held for specified work

           SUBPART 3 - Dealing with land acquired under this Part

   263.    Kāinga Ora may grant leases, easements, etc
   264.    Kāinga Ora may transfer land to developer
   265.    Preconditions for transfer of land to developer
   266.    Right of resumption
   267.    Registrar-General of Land must note right of resumption
   268.    Removal of notation recording right of resumption
   269.    When right of resumption may be exercised
   270.    How right of resumption is exercised

           SUBPART 4 - Disposal and setting apart of land acquired under this Part

   271.    Restrictions on disposal of land under this subpart: Māori interests
   272.    Restrictions on disposal or setting apart of land under this subpart: conservation matters
   273.    Disposal of land if certain specified work completed
   274.    Disposal of land no longer required for specified work
   275.    Disposal of land for public work
   276.    Setting apart of land for different specified work

           SUBPART 5 - Transfer or disposal of former Māori land

   277.    Rules for transferring or disposing of former Māori land
   278.    Offer back of former Māori land

   PART 6 - Powers of entry, governance, and delegation

           SUBPART 1 - Powers of entry

   279.    Meaning of authorised person
   280.    Power to enter land and buildings
   281.    Limits on powers of entry: timing and excluded properties
   282.    Notice of entry
   283.    Other requirements when exercising power of entry
   284.    Appointment of authorised persons
   285.    Offence to obstruct authorised person

           SUBPART 2 - Project governance

   286.    Meaning of committee
   287.    Application of sections 288 and 289
   288.    Factors relevant to decisions on governance of urban development projects
   289.    Types of project governance bodies
   290.    Supporting territorial authorities
   291.    Kāinga Ora must publish appointments of project governance bodies
   292.    Provision applying if period where no project governance body appointed for specified development project

           SUBPART 3 - Delegations

   293.    Kāinga Ora must have policy on delegating functions and powers
   294.    Duty of Kāinga Ora relating to delegated functions and powers
   295.    Functions and powers that may not be delegated outside Kāinga Ora
   296.    Development plan for specified development project may approve delegations
   297.    Certain delegations subject to relevant territorial authority approval

           SUBPART 4 - Amendments

   298.    Section 117 of this Act amended
   299.    Amendments to Kāinga Ora–Homes and Communities Act 2019
   300.    Amendments to other Acts
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4