New Zealand Acts

URBAN DEVELOPMENT ACT 2020 - SECT 63

63 Further contents of development plan: targeted rates

1 The matters required in relation to each targeted rate are as follows:

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

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

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.

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 of the Local Government (Rating) Act 2002 (other than the factor listed in clause 1).

3 Different factors may be specified for different categories of land if a rate may be set differentially.

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 of the Local Government (Rating) Act 2002 (other than the matters listed in clauses 3 and 7).

5 For the purposes of subsections (2) and (4), the Local Government (Rating) Act 2002 applies, with all necessary modifications, as if—

a) a reference to an operative district plan included a development plan:

b) a reference to a local authority were a reference to Kāinga Ora.

History: Section 63(5)(a): 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).