New Zealand Acts

URBAN DEVELOPMENT ACT 2020 - SECT 249

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 of the Local Government Act 2002 ; and

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 applies with all necessary modifications, including that—

a) a reference to a local authority must be read as a reference to Kāinga Ora; and

b) sections 82 to 87 (other than sections 82A and 86 ) of that Act apply; and

c) for the purposes of section 87(3)(b) of that Act, Kāinga Ora must prepare an analysis of reasonably practicable options in accordance with section 77(1) of that Act.

4 Section 90 does not apply to the review of charges referred to in subsection (1)(b).

5 Section 91 does not apply to the updating of a development plan under subsection (2)(c).