New Zealand Acts

URBAN DEVELOPMENT ACT 2020 - SECT 38

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 ; and

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 , and of feedback received; and

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) ; and

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 values, and how these have been considered; and

ix) constraints and opportunities identified in accordance with section 31(1)(a) ; and

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.

History: Section 38 heading: replaced, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).   Section 38(2)(a)(viii): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).     Section 38(2)(a)(ix): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).