New Zealand Acts

URBAN DEVELOPMENT ACT 2020 - SECT 274

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 or 275 .

2 If the land is owned by Kāinga Ora, the chief executive under the Public Works Act 1981 must, at the request of Kāinga Ora, dispose of the land in accordance with sections 40 and 42 of that Act.

3 For the purposes of subsection (2), the Public Works Act 1981 applies with all necessary modifications, including that—

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 of that Act is subject to the consultation (if any) required by section 271(2)(b) of this Act.

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" means,—

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.