New Zealand Legislation: Bills

11 Actions required of persons doing developments

• (1) An affordable housing policy must state what the territorial authority requires a person doing a development to which the policy applies to do to facilitate the provision of affordable housing, if the person is doing a development to which the policy applies.

  (2) Without limiting what the policy may state, things that the authority must consider requiring the person to do are policy may state that the person must do include—

  • (a) including a proportion of affordable housing in the development:

  • (b) including a proportion of affordable housing in another development that the person is doing or is to do:

  • (c) including in the proportion of affordable housing a particular kind of housing:

  • (d) giving the territorial authority some land in its district:

  • (e) giving the territorial authority an amount of money.

  (3) If the policy states that the person may be required to do any of the things listed in subsection (2)(a) to (d), the policy must also state the following:,—

  • (a) for subsection (2)(a) and (b), details of how the proportion is calculated:

  • (b) for subsection (2)(c), details of the particular kinds of housing that may be required:

  • (c) for subsection (2)(d), details of how the amount and location of the land are determined.:

  • (d) for subsection (2)(e), details of how the amount is calculated and when the amount must be paid.

  (4) If the policy states that the person may be required to give the territorial authority an amount of money, the policy must also—

  • (a) state details of how the amount is calculated:

  • (b) state when the amount must be paid, which may be—

    • (i) when a consent authority grants the person a resource consent for a development in the territorial authority’s district:

    • (ii) when a building consent authority or the territorial authority grants the person a building consent for a development in the territorial authority’s district:

    • (iii) any other time.

  (5) If the policy states that the person may be required to give the territorial authority land or money, it must also state how the authority—

  • (a) ensures that the land or money is used to provide affordable housing:

  • (b) demonstrates that the land or money is used to provide affordable housing.