New Zealand Acts

URBAN DEVELOPMENT ACT 2020 - SECT 66

66 Existing designations that are not for nationally significant infrastructure

1 This section applies if a requiring authority has an existing designation within a project area that is not for nationally significant infrastructure.

2 Before Kāinga Ora publicly notifies a draft development plan under section 73 , it must give notice to any requiring authority with a designation, advising—

a) whether Kāinga Ora intends to include the designation, with or without modifying it, in the draft development plan for the relevant project area or exclude it; and

b) if the designation is to be included with modifications in the draft development plan, of the proposed modifications and reasons for them; and

c) if the designation is not to be included in the draft development plan, the reasons for not doing so.

3 A requiring authority notified under subsection (2) may, within 30 working days of receiving the notice, request that its existing designation be included in the draft development plan, with or without any modification that the requiring authority may identify.

4 Kāinga Ora may modify a designation in response to a request made under subsection (3).

5 If the requiring authority does not make a request to Kāinga Ora under subsection (3), Kāinga Ora may—

a) include the designation in the draft development plan; or

b) exclude the designation from the draft development plan; or

c) include the designation with modification.

6 If Kāinga Ora does not include the designation in the draft development plan, or includes it with modification, Kāinga Ora may provide an amended or replacement designation that enables the purposes of the designation to be achieved.

7 If an existing designation is for a network utility operation that is not nationally significant, and Kāinga Ora modifies it or does not include it in the development plan, Kāinga Ora must provide a designation that enables the objectives of the designation to be achieved, unless the requiring authority agrees otherwise.

8 A requiring authority whose designation is replaced, modified, or declined by Kāinga Ora under this section may make a submission under section 74 —

a) seeking modification of its designation that Kāinga Ora did not agree to:

b) setting out its support for, or objection to, a decision of Kāinga Ora under this section.

9 The IHP must consider Kāinga Ora’s decision and the requiring authority’s submission before making a recommendation on the matter to the responsible Minister prior to the Minister finally approving or declining to approve the development plan under section 83 .

10 An existing designation not included in a draft development plan continues to apply in the project area, but only until the draft development plan becomes operative.

11 To avoid doubt, this section does not—

a) apply if Kāinga Ora publicly notifies a change to the development plan; or

b) limit the right of a requiring authority to make a submission under section 74 .