Urban Development Bill

  • enacted

Urban Development Bill

Government Bill

197—2

As reported from the Environment Committee

Commentary

Recommendation

The Environment Committee has examined the Urban Development Bill and recommends by majority that it be passed with the amendments shown.

Introduction

The Urban Development Bill is an omnibus bill that seeks to improve coordination of the use of land, infrastructure, and public assets to maximise public benefit from complex urban development projects.

The bill would provide the Crown entity Kāinga Ora—Homes and Communities with functions, powers, rights, and duties to enable it to undertake its urban development functions. Broadly, it would do this by incorporating and modifying existing legislative powers and processes that are available to either local or central government.

One of the main features of the bill would be the creation of a specified development project process (SDP process). To access that SDP process, a project would need to go through an establishment process to be approved as a specified development project (SDP). A development plan would need to be prepared and approved before an established SDP can be started.

The bill would also establish a framework for Kāinga Ora to transfer and acquire land for SDPs and any of its other urban development projects.

The bill aims for Kāinga Ora to work collaboratively and engage with Māori and key stakeholders, and includes provisions that seek to facilitate this.

Proposed amendments

This commentary covers the main amendments we recommend to the bill as introduced. We do not discuss all minor, technical, or consequential amendments.

Part 1—Preliminary provisions

Part 1 of the bill would:

  • set out the purpose of the Act, the principles for SDPs, and the requirement for all persons performing functions under the Act to take into account the principles of the Treaty of Waitangi

  • provide restrictions on developing certain land, including types of Māori land and land to be used in future settlements

  • set out a new development approach to land subject to rights of first refusal (RFR), and a duty to cooperate and avoid unreasonable delay.

We propose some changes to Part 1 of the bill.

Subpart 1—Purpose and principles

Clauses 3 and 4 set out the purpose of the bill and a requirement that the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) are taken into account by persons performing functions or exercising powers under the bill. Clause 5 sets out principles that relate to how urban development projects are selected and assessed as potential SDPs, and how they are to be carried out once established.

Collectively, clauses 3 to 5 set out the decision-making framework that applies to all decisions made in respect of SDPs. The bill as introduced contained references to this subpart. However, given this decision-making framework is expected to apply to all decisions made in respect of SDPs, we recommend only including a reference to this subpart in instances where referencing the decision-making framework is necessary because it is used within a particular context in the bill. This includes clause 30(b) where the project objectives are to be consistent with this subpart, and clause 119 that sets out the decision-making hierarchy for resource consenting.

Subpart 3—Interpretation and application

Clause 9 is the interpretation provision for the bill. We recommend some modifications to the terms defined in that clause. Notably:

  • We recommend inserting a definition of “claimant group” as a group of Māori with Treaty of Waitangi claims against the Crown, whether or not those claims have been lodged with, or heard by, the Waitangi Tribunal. This definition would apply where it is used in this bill, rather than generally.

  • We recommend amending the definition of “interest” in relation to a Māori entity, to also include interests in land recognised by a court or judgment, and a customary marine title or a protected customary right.

  • We recommend amending the definition of “Māori entity”. As introduced, the definition would restrict the meaning to persons or entities “that have an interest in a project area or a proposed project area”. We do not consider it necessary to restrict the definition in this way, in the context of this bill. We note that our proposed change would not expand other development rights or restrictions on developing certain land under this bill. A veto right would only apply if a right of first refusal existed.

  • We recommend inserting a definition of “public housing” that incorporates the definition that would be inserted into the Kāinga Ora—Homes and Communities Act 2019 by this bill. The definition includes housing that is provided by or on behalf of Kāinga Ora to people who are eligible for social housing, as well as transitional and supported housing.

As introduced, clauses 14 to 18 would clarify how certain Acts are to apply. We recommend making it clear that the Acts referred to in those clauses would not be limited through this bill. Accordingly, we recommend deleting clauses 14 to 18 and inserting clause 18A.

We also recommend inserting clause 18A(3) to clarify that the following actions would not (of themselves) preclude an applicant group from establishing the existence of a protected customary right under the Marine and Coastal Area (Takutai Moana) Act 2011:

  • the establishment of an SDP on land abutting any marine or coastal area specified by the applicant group

  • the setting apart of the marine and coastal area under the bill for a specified work.

Subpart 4—Restrictions on developing certain land

As introduced, clauses 20 to 24 would impose restrictions on the development of certain land.

Clause 20(2) would prohibit any power in the bill from being used on certain land, including:

  • protected land, such as certain types of reserves and national parks

  • Māori customary land and Māori reservations

  • common marine and coastal areas where customary title or rights have been recognised

  • other significant land and maunga.

Clause 20(3) would prohibit Kāinga Ora from exercising some powers in the bill on protected land listed in clause 20(4) without the agreement of the landowner.

Clause 21 would impose engagement requirements on Kāinga Ora before seeking to develop former Māori land. Kāinga Ora would be required to offer the land back to the former owners. We recommend amending the engagement requirements in clause 21. As introduced, Kāinga Ora would need to make only reasonable efforts to engage with the land’s former owners and the hapū associated with the land. We recommend that the clause require Kāinga Ora to engage with the people who it considers are likely to be the former owners and hapū associated with the land. This would ensure that engagement could begin before the owners are formally identified, which may require a decision of the Māori Land Court.

Clause 22 would require Kāinga Ora to offer a development opportunity to the holder of a right of first refusal (RFR) over the land. The RFR holder could reach agreement with Kāinga Ora either to undertake the development, or to let the development be undertaken by Kāinga Ora or another person.

Clause 23 would clarify that protected land, former Māori land, and RFR land could be included in a project area despite clauses 20 to 22. We recommend expressly stating in clause 23 that the Minister would not be permitted to approve a draft development plan unless they were satisfied that clauses 20 to 22 had been complied with.

Subpart 5—Miscellaneous

Engagement

As introduced, the bill would require Kāinga Ora to carry out engagement or consultation at different stages in the SDP process. We sought advice about the difference between consultation and engagement. We consider that “engagement” better reflects the desired outcome of the SDP process, whereas “consultation” would have a more limited focus.

We recommend inserting clause 24A to set out engagement requirements that Kāinga Ora would be required to meet when acting under a provision of this legislation requiring engagement.

When undertaking engagement, our proposed clause would require Kāinga Ora to do at least one of the following:

  • consult on a proposal

  • seek input during the formulation of a proposal, or feedback on a proposal, on an iterative basis.

We recommend clarifying that the input or feedback could be sought through a variety of forums, as Kāinga Ora thinks appropriate. They could include hui or meetings, and social media.

We consider that engagement should be proportionate to the proposal in question. Therefore, we recommend inserting clause 24A(4) so that Kāinga Ora’s approach to engagement:

  • takes into account the purpose of the engagement

  • considers the needs of the persons it is engaging with

  • allows adequate time for responses and for engagement to occur, taking into account that persons may have other governance obligations, and tikanga Māori

  • could consider the relevance and sufficiency of any earlier engagement.

Part 2—Specified development projects

Part 2 of the bill would:

  • provide the process for establishing an SDP, including engagement with Māori and key stakeholders

  • establish the process for preparing a draft development plan, what it should contain, and how it is approved

  • set out the establishment process and role of an independent hearings panel (IHP).

Subpart 1—How specified development projects are established

Subpart 1 sets out how SDPs would be established, including: how projects would be selected, the criteria for project assessment, the initial engagement requirements, and how Ministers would make a decision on the project assessment report.

Project assessment

Clause 33

Clause 33 sets out what Kāinga Ora would need to do when assessing a project selected in accordance with clause 31. Subclause (a) would require Kāinga Ora to identify “at a high level” the constraints and opportunities that arise for the project from the matters listed in clause 34(1). We recommend replacing reference to identifying “at a high level” with identifying “in general terms”. This would better reflect the intended outcome of the project assessment phase as being an overview of the identified constraints and opportunities of an SDP.

Clause 34

As referred to above, clause 34(1) sets out the matters Kāinga Ora would be required to identify when making an assessment under clause 33(a).

We recommend including a requirement in clause 34(1)(b) to identify “parks” and “regional parks” by their location, as defined in the Local Government Act 2002.

We also recommend including in clause 34(1)(e) a requirement to identify Māori cultural values alongside archaeological and heritage values.

Finally, we recommend that clause 34(1)(a)(vi) is amended to include land to which special rules apply under a local Act, as well as land protected under a local Act, as many local Acts do not specifically refer to protecting land.

Clause 35

As introduced, clause 35 sets out who Kāinga Ora would need to seek engagement with for the purposes of a project assessment under clause 33(b). The parties it must engage with are Māori and key stakeholders, as set out in subclauses (2) and (3) respectively.

Under subclause (3), a key stakeholder that Kāinga Ora must engage with are “relevant infrastructure operators”, but only if Kāinga Ora has identified that the infrastructure may be affected by a project. We recommend amending this paragraph to refer to relevant infrastructure providers that will be, or are likely to be, affected.

Clause 36

As introduced, if Kāinga Ora was assessing a project under subpart 1 of Part 2, clause 36 would provide the possibility that early engagement with Māori and key stakeholders could satisfy the obligation to engage contained in clauses 33(b) and 35. This would mean that engagement carried out prior to a project being selected as a potential SDP could be considered engagement for the purposes of developing a project assessment report.

However, we note that projects could change significantly between the time early engagement took place and the project was assessed. We consider that the intent was to allow for the possibility of early engagement, but not that it should be the only engagement if it were not robust or recent enough.

Earlier in our commentary we proposed new clause 24A, which is a general engagement clause for provisions in the bill. New clause 24A would provide some scope for early engagement to be considered as part of determining an engagement process. We believe this would better ensure that Kāinga Ora does not unreasonably rely on prior engagement to satisfy the engagement obligations. Accordingly, we recommend deleting clause 36.

Project assessment report

After completing a project assessment, Kāinga Ora would be required to prepare a project assessment report. Clauses 40 to 45 set out what the report would need to cover, and what should be done with a draft report.

Clause 41

Clause 41 specifies what a report should contain where Kāinga Ora is recommending that an SDP be established.

We recommend amending clause 41(2)(a), by inserting subparagraph (iiia), so that a report would be required to set out a summary of the engagement undertaken with Māori, and the feedback received. It should also set out how that feedback informed any of the report’s recommendations.

As introduced, paragraph (v) would require the report to set out whether any early engagement had been relied on during the project assessment. We recommend amending this to reflect our proposed new clause 24A(4)(c).

Clause 42

Clause 42 specifies what content a report should cover if Kāinga Ora decided not to recommend that a project be established as an SDP. Kāinga Ora would need to broadly describe and assess the project, but would not need to set out as much detail as under clause 41.

We recommend amending clause 42 so that Kāinga Ora would be expressly required to provide reasoning in the report as to why it did not recommend the project be established as an SDP.

Clause 43

In situations where Kāinga Ora intends to recommend establishing an SDP, it would need to provide a copy of a draft project assessment report (once it was sufficiently advanced) to territorial authorities. Territorial authorities would then have an opportunity to decide whether to support the project as an SDP.

Clause 43(2)(b) would require Kāinga Ora to give territorial authorities at least 10 working days to respond. We understand that this is not likely to be sufficient in most cases, and recommend extending the timeframe to “at least 20 working days”.

Project established as an SDP

Clause 50

If the joint Ministers decided to recommend that a project should be established as an SDP, clause 50 would enable an Order in Council to be made to establish the SDP.

We recommend inserting clause 50(2A) to allow the establishment order to specify a date on which an SDP would be deemed to have lapsed and be disestablished, if a draft development plan had not been publicly notified under clause 76. That date could be different from the default 5 year period specified in clause 5 of Schedule 2.

Hearings commissioners

Clause 54

Clause 54 would allow Kāinga Ora to appoint 1 or more hearings commissioners to exercise delegated powers under the bill, or to hear resource consent applications, objections, or other matters. As introduced, subclause (2)(b) would require Kāinga Ora to have a process for managing conflicts of interest of hearings commissioners.

We recommend amending this provision so that any local affiliations or interests of Māori appointed as commissioners do not disqualify the person’s appointment as a hearings commissioner (by virtue of that fact alone).

Amendments, transfer, or disestablishment

Clause 55

Clause 55 sets out how key features set out in an SDP’s establishment order could be amended. Kāinga Ora would be required to follow the establishment process set out in subpart 1 of Part 2, modified to relate to the content of the proposed amendment. Under subclause (3), the joint Ministers could accept the recommendation for amendment only if they were satisfied that certain requirements had been met.

One of those requirements is being satisfied that, given the likely effects of the proposed amendment, the engagement undertaken by Kāinga Ora was appropriate. We recommend amending clause 55(3)(a) to specify that the joint Ministers must also be satisfied that Kāinga Ora engaged on the amendment with Māori and key stakeholders as would normally be required by clause 35.

Clause 57

Clause 57 would give Kāinga Ora the power to transfer assets related to a SDP, or disestablish an SDP, under the provisions of Schedule 2.

As introduced, the phrase “may transfer … or disestablish” is used. We recommend making it clear that the bill would give Kāinga Ora the ability to transfer assets of an SDP, or disestablish an SDP, under the provisions of Schedule 2.

Subpart 2—Preparation of development plans

After an SDP was established by Order in Council, subpart 2 of Part 2 provides the process to be followed for the preparation and approval of a development plan for an SDP.

New clause 58A

We recommend inserting clause 58A to clarify the general principles for development plans. This new clause would replicate most of the requirements of clause 61 as introduced, which we propose deleting. This includes stipulating that, after an SDP’s establishment, Kāinga Ora must prepare a development plan, and any applicable supporting documents. The development plan should enable the project’s objectives to be achieved, and make provision for any Treaty settlement obligations that apply in the project area.

Clause 60

Clause 60(a) sets out the instruments made under the Resource Management Act 1991 (RMA) that a development plan must be consistent with. They include certain applicable provisions of national planning standards approved under section 58E of the RMA. We recommend expanding this clause to cover all the applicable provisions of national planning standards approved under section 58E of the Resource Management Act, not just certain aspects. This would take into account the possibility that new planning standards could be developed.

New clause 61

As mentioned above, we propose deleting clause 61 as introduced, and replacing it. Our proposed new clause 61 would place an obligation on Kāinga Ora to ensure it is adequately informed when preparing a draft development plan. We consider that it should take the steps it considers necessary:

  • to be informed on the matters relevant to achieving the project’s objectives

  • to proceed to develop a plan that is suitable for public notification under clause 76.

We also recommend stipulating that Kāinga Ora must carry out the above by engaging with Māori and key stakeholders identified during the project assessment process under clause 35.

Requirements for development plans

Clause 62

Clause 62 sets out what content must be included in a development plan.

Clause 62(2) would require a structure plan to be included, setting out matters such as the proposed land use and densities, location of infrastructure and community facilities, and the likely staging of the project. To best ensure that an SDP integrates with existing land uses, we recommend requiring the structure plan to also set out:

  • the location of nationally significant infrastructure in, or adjacent to, the project area

  • the location of any existing infrastructure for the three waters services.

  • the general location and description of proposed new infrastructure, if it is to be connected with, or integrated into, any existing infrastructure network (either within or outside the SDP).

Clause 62(3) would require the development plan to state any conditions applicable to the project area, whether imposed by the Minister of Conservation or adopted by Kāinga Ora under iwi participation legislation. In regard to the latter, we recommend replacing the word “redress” with “other measure”, to better reflect the definition of “redress” in clause 9 of the bill. This is to make clear that Kāinga Ora must include in a development plan any requirements under settlement Acts for the protection of iwi interests, or requirements that enable iwi participating in arrangements to protect those interests.

Clause 67

Under clause 67, Kāinga Ora would have to notify the requiring authority (of an existing designation) of its intention to include the designation in a draft development plan. Kāinga Ora would then be required to include the designation in the plan without change, unless the requiring authority modified or withdrew it. As introduced, the bill does not expressly provide for the designation to be modified if it is included in a draft development plan.

We recommend inserting subclause (2A) to clarify that if a requiring authority advised Kāinga Ora that a modified designation was to be included in the draft development plan, it must specify the nature of the modifications, and the reasons for them.

Preparation of development plan

Clause 69

Clause 69 sets out the relevant mandatory considerations that Kāinga Ora must have regard to when preparing a development plan (to the extent they are relevant to the SDP). We note that this clause refers to specific documents or plans, rather than general principles or concepts.

We recommend amending clause 69(1) to include a requirement to consider any spatial plans prepared under the Local Government (Auckland Council) Act 2009 that may be applicable to an SDP.

We recommend amending clause 69(1) so that the requirement to consider any relevant planning document recognised by an iwi authority and lodged with a territorial authority, also refers to hapū and local authorities.

We also recommend amending clause 69(1) to make it clear that while it sets out the documents that Kāinga Ora must have regard to, Kāinga Ora would be able to have regard to any matter it considered relevant to the SDP.

We recommend inserting new clause 69(1A) to require Kāinga Ora to consider any planning documents prepared by a customary marine title group under the Marine and Coastal Area (Takutai Moana) Act 2011, to the extent that they relate to the project area.

Clause 70

As introduced, clause 70 sets out who Kāinga Ora must consult with when preparing a draft development plan. We consider that effective consultation would have occurred earlier in the SDP process. We have proposed a new clause 61 that more appropriately sets out engagement requirements for the drafting of a development plan. Therefore, we recommend deleting clause 70.

Documents to support contents of development plan

As introduced, clauses 71 to 74 would require supporting documents to be prepared and notified at the same time as the draft development plan. These supporting documents would be an evaluation report (on both general and environmental matters) and an infrastructure statement. We recommend incorporating the infrastructure statement into the evaluation report. Accordingly, we recommend deleting clause 71 and amending clauses 72 to 74.

Clause 72

Clause 72 sets out what would need to be included in an evaluation report. We recommend amending subclause (2)(d) to require it to set out how the draft development plan (or proposed amendment) takes into account any applicable iwi participation legislation.

Clause 73

Clause 73 sets out what environmental matters would need to be addressed in an evaluation report. We recommend including a requirement to set out how Kāinga Ora has had regard to any emissions reduction plan or national adaptation plan that applies in a project area. We also recommend requiring Kāinga Ora to set out how it had regard to advice on the management of any natural resource within a project area.

Clause 74

As discussed above, we recommend amending clause 74 so that an infrastructure statement forms part of an evaluation report. We also recommend requiring that, in the statement, Kāinga Ora must:

  • assess (not merely describe) the effect of proposed infrastructure on existing infrastructure

  • identify any technical design standards or codes that it has adopted in the draft development plan

  • include details about the estimated operating costs associated with the proposed infrastructure.

Process for notifying a draft development plan

Clauses 75 to 78 set out what Kāinga Ora would need to do to fulfil the public notification requirements for a draft development plan.

Clause 75

Clause 75 sets out the preconditions that must be met prior to public notification. We propose the following changes:

  • We recommend inserting clauses 75(5A) and 75(5B) (which were contained in clause 142 in the bill as introduced) to require Kāinga Ora to obtain a post-settlement governance entity’s consent or views in certain situations where a draft development plan proposes setting apart a specified reserve for the SDP.

  • Under clause 75(6)(b) as introduced, if the draft development plan involved the revocation or cancellation of a conservation interest in land, Kāinga Ora would need to get agreement from the land owner. We recommend amending this provision to clarify that the revocation or cancellation of a conservation interest is also subject to any conditions that the Minister of Conservation may impose on the use of the land.

  • Clause 75(8) would require the Minister of Conservation to have regard to certain matters when making decisions relating to subclauses (6) and (7). We recommend including a requirement that the Minister of Conservation be satisfied that any name or name changes to certain proposed reserves would meet the naming requirements of the New Zealand Geographic Board Ngā Poi Taunaha o Aotearoa.

  • We recommend including a new requirement (as clause 75(8A)) that approval be obtained from the relevant local authority for any proposed change to a park or regional park before the draft development plan could be publicly notified.

  • We also recommend inserting clause 75(8B) to require Kāinga Ora to obtain approval from certain Ministers in situations relating to common marine and coastal areas being set aside for a specified work.

Clause 77

Clause 77 provides that any person could make a submission to Kāinga Ora on the draft development plan.

As introduced, subclause (3) would allow Kāinga Ora to accept a late submission. We recommend amending this to state that, where a late submission is lodged, Kāinga Ora may recommend to the independent hearings panel (IHP) whether it should accept or reject the late submission. The IHP would decide whether to accept it.

Establishment and role of independent hearings panel

Clause 79

As introduced, clause 79 would require the Minister to appoint an independent hearings panel to carry out the role prescribed in clause 80. Clause 79(1) would require the Minister to do this after a draft development plan had been publicly notified. We recommend making the timing of the appointment of the IHP more flexible.

Clause 80

Clause 80 sets out the role of the IHP. We recommend inserting clause 80(1AA) to specify that the purpose of an IHP is to ensure that a draft development plan is subject to a process of independent consideration.

Clause 82

Clause 82 provides for the IHP to make a report with recommendations about the draft development plan to the responsible Minister and Kāinga Ora. Subclause (2) sets out what must be included in the report. We recommend requiring the IHP to include its reasons for any proposed amendments to the plan.

Final approval and notification of development plan as operative

Clause 86 sets out when and how a development plan would become operative. We recommend inserting subclause (7)(a) to make it clear that notices of requirement, designations, and modifications would either be confirmed or cancelled (depending on what has been decided) once the development plan became operative.

Appeals

Clause 88

Clause 88 sets out, in relation to development plans, the appeal rights that would be available to those who submitted on the draft plan. We recommend inserting subclause (1A) to stipulate that the appeal rights under clause 88 would be the only right of appeal in respect of any aspect of a draft development plan, including rights of appeal in respect of designations.

Effect of development plan becoming operative

Clause 89

Clause 89 sets out the various effects that would occur during the period between a development plan becoming operative and the establishment of an SDP.

We recommend making it clear that any arrangements in an operative development plan regarding parks or regional parks would be deemed to have satisfied any consultation process required under the Local Government Act. We recommend inserting clause 89(da) accordingly.

Part 3—Effect of specified development projects

Part 3 of the bill would:

  • set out the effects of establishing an SDP, including what would happen before a development plan was operative

  • provide some powers to Kāinga Ora that could be used after a development plan was operative, relating to planning and consenting, reserves and conservation interests, and infrastructure.

Subpart 1—Transitional period

Subpart 1 contains provisions that would apply during the transitional period for an SDP. The transitional period would start from the date the SDP was established, and end when the project’s development plan became operative.

We recommend amending clause 98(b) to clarify that local authorities would retain all of their functions under the RMA.

Decisions on resource consents during transitional period

As introduced, clauses 105 and 106 set out the powers and functions that Kāinga Ora would have regarding resource consent applications that are received by a local authority (as a consent authority) under the RMA in the transitional period for an SDP. This includes powers to decline or add conditions to consents if Kāinga Ora considered it reasonably necessary in order to achieve the SDP’s project objectives.

We recommend that the powers and functions that Kāinga Ora would have under clauses 105 and 106 (and the duties of local authorities as consent authorities under those clauses) should also apply to a resource consent application that was before the council when the SDP was established; that is, if the application had been received by the council, but had not been decided before the establishment date. To give effect to this, we recommend inserting clause 104A(2)(a). We note that we propose moving parts of clause 105(1) to clause 104A to make it clearer which resource consent applications clauses 105 to 108 relate to.

Information matters

We recommend deleting clauses 111 to 115. We consider that the information-related functions contained in those clauses are too prescriptive, and should instead be managed through good relationship management (including the general duty to cooperate in clause 25) and existing legislation.

Subpart 2—Resource consenting and designations for specified development projects

Kāinga Ora as a consent authority

Clauses 116 to 136 in subpart 2 of Part 3 set out the planning and consenting powers that Kāinga Ora would have once a development plan became operative.

Clause 116

Clause 116 would specify that, in relation to resource consent applications, the role of Kāinga Ora is to be the consent authority from the date on which a development plan for an SDP became operative.

We recommend inserting subclause (3A) to clarify that any enforcement functions carried out must comply with private property entry requirements under the RMA. Further, we recommend inserting clause 116A to clarify that Kāinga Ora would take the role of the territorial authority for the monitoring and enforcement functions of subdivision consents under the RMA.

Clause 117

As introduced, clause 117 sets out situations when Kāinga Ora should delegate its consent authority functions. We recommend replacing it with a principles-based approach to managing conflicts of interest, based on the Local Government Act. This would make it clear that Kāinga Ora would also be subject to this provision. It would require Kāinga Ora to ensure it separated its delivery and regulatory functions when carrying out the role of a consent authority.

Designations

Clauses 137 to 141 would establish Kāinga Ora as a requiring authority under the RMA as if it was a network utility operator.

Clause 137

We recommend amending clause 137 to set out the activities for which Kāinga Ora could be a network utility operator or requiring authority, in terms of activities within or outside the project area. Our amendments would set out the following:

  • For activities within the project area, Kāinga Ora could exercise its discretion to be a requiring authority for infrastructure, for community facilities, or if establishing a designation to be transferred to a Minister of the Crown.

  • For activities outside the project area, Kāinga Ora could exercise its discretion to be a requiring authority for activities for three waters services, land transport, or public transport, as long as they were related to an SDP.

Clause 139

Clause 139 provides some exceptions to the requirements of the RMA. We recommend inserting subclause (4A) to clarify that it would not apply to designations for nationally significant infrastructure.

We also recommend amending clause 139 to clarify that section 178 of the RMA would apply to clause 139. This would provide interim protection for new and existing designations when a notice of requirement was lodged.

Clause 141 and new clause 141A

Clause 141 sets out the notice requirements for proposals of national significance (where a new designation is to be established). We recommend amending clause 141 to make it clear that the restriction against lodging notices of requirements directly to the Environmental Protection Authority would only apply to designations that are within or partially within the project area.

We recommend inserting clause 141A to set out a process for Kāinga Ora to establish a new designation, or alter an existing one, after a development plan has become operative. This process would reflect the existing process under the RMA.

Subpart 4—Infrastructure

Definitions

We recommend that the definition of “non-roading infrastructure” in clause 147 be amended and renamed “water-related infrastructure” to better reflect the nature of the infrastructure it refers to. We recommend this change be made throughout the bill.

Roads

Clauses 148 to 154 set out the detail of the roading powers that would be available to Kāinga Ora. The specific powers would, if activated under an operative development plan, enable Kāinga Ora to:

  • build, change, and move roading infrastructure within SDPs

  • perform other roading-related functions of local authorities that are provided for in existing legislation.

Clause 152 would place limits on Kāinga Ora’s exercise of roading powers, including in relation to the disposal of land no longer required for roading.

We recommend amending clause 152 so that the territorial authority could be recompensed for the administrative costs associated with the disposal of the land, if requested. We also recommend making it clear that Kāinga Ora would not be entitled to any proceeds from any sale of land not required for a road, unless Kāinga Ora owned the land. We recommend inserting clauses 152(3)(c) and 152(4) accordingly.

Water-related infrastructure

Clauses 155 to 168 would provide the powers and requirements for Kāinga Ora to build, alter (including connect to and move), and transfer water-related infrastructure (referred to as “non-roading infrastructure” in the bill as introduced).

Clause 166 would set limits on Kāinga Ora’s power to alter water-related infrastructure that it did not control. Kāinga Ora would be required to give the controlling authority of the infrastructure 20 working days’ notice that it intended to exercise a power to alter the infrastructure. The controlling authority would be able to set any “reasonable conditions” relating to the works at least 5 days prior to the work starting. We recommend amending these time periods to 30 working days and 10 working days, respectively.

Clause 166(3) would define what a reasonable condition is. We recommend inserting paragraph (d) to clarify that it would be reasonable to impose a condition so that the controlling authority could meet its obligations under any enactment, resource consent, or drinking-water standard.

Bylaws

Clauses 171 to 184 set out Kāinga Ora’s role in relation to changes to bylaws.

Clause 173

Under clause 173 as introduced, Kāinga Ora would need to make a determination to change a bylaw in accordance with certain provisions of the Local Government Act, and engage with the bylaw-making authority about it.

We recommend replicating the relevant provisions of the Local Government Act in clause 173. We also recommend clarifying that the purpose of engaging with the bylaw-making authority is to ensure it is aware of the proposed change, and to assist Kāinga Ora to decide whether it wishes to proceed with the change.

New clause 184A

We recommend inserting new clause 184A to set out when bylaws can or must be reviewed, and what the responsibilities and effects are after a bylaw review. Subclause (2) sets out when a bylaw must or could be reviewed by Kāinga Ora. Notably, under proposed subclause (4), if Kāinga Ora had reviewed a bylaw and deemed it unnecessary, it must propose that the bylaw be revoked.

Part 4—Funding of specified development projects

Part 4 of the bill would establish mechanisms for the funding of SDPs. They include allowing Kāinga Ora to set and collect targeted rates and certain charges, and to require development contributions or betterment payments.

Subpart 2—Targeted rates

How rates are authorised

Clause 190

Clause 190 would allow for an Order in Council to be made authorising Kāinga Ora to set rates for a project. The Minister could only recommend the order if they were satisfied that certain matters under subclause (2) were met. One of those is that the order would authorise targeted rates to fund activities only to the extent that they were not already funded by local government rates. We recommend extending paragraph (c) to include levies, as well as local government rates. We recommend defining what a levy is by inserting subclause (4). This would help avoid any double-charging for activities.

Clause 192

Clause 192 would allow for an order to specify a targeted rate that was not provided for in a development plan, as long as the Minister was satisfied that it was required to meet an unforeseen and urgent need for revenue that could not be met by other means. Kāinga Ora would need to give 14 days’ public notice of the proposed rate.

We recommend also inserting a requirement for the Minister to have regard to the reasonable practicalities for any territorial authority to carry out its functions under the subpart, such as in collecting the rate. We recommend inserting clause 192(1)(ab) accordingly.

How rates are set

Clauses 193 to 197 would set out how any rates would be set. We recommend amending clause 193 to specify that Kāinga Ora must seek the view of the territorial authority on the costs it would incur in carrying out its functions. It would also allow Kāinga Ora to set the rate at an amount to allow for recovery of those costs by the territorial authority.

How rates are spent

Clause 198 would specify how rates could be spent by Kāinga Ora. We recommend amending it to provide a more comprehensive explanation. We also recommend inserting clause 198A to set out how any excess rates should be refunded to ratepayers.

Territorial authorities to collect rates for Kāinga Ora

As inferred above, territorial authorities would collect any rates on behalf of Kāinga Ora. As introduced, this requirement would be set out in clause 199. We recommend inserting clauses 198B and 199A to clarify the processes by which Kāinga Ora notifies its rates to a territorial authority, and the authority pays the rates it collects to Kāinga Ora.

We also recommend inserting clause 199B to enable a relevant territorial authority to retain some of the rates revenue. This could be an amount needed to cover its costs in carrying out its functions under this subpart.

We recommend inserting clause 199C to make it clear that a territorial authority must refund back to ratepayers any amount of rates in excess of the maximum permitted to be collected.

Process for calculation, payment, and recovery of rates

Clause 204 would allow penalties to be imposed for unpaid rates. We recommend inserting subclause (2) to allow Kāinga Ora and the territorial authority to agree whether the authority could retain a portion of the penalties. We also recommend inserting clause 204A to enable Kāinga Ora to recover unpaid rates in certain cases.

Subpart 3—Development contributions

We recommend inserting clause 227A to set out how Kāinga Ora must use development contributions. This clause would largely replicate the equivalent provision in the Local Government Act.

We also recommend inserting clause 234A to set out how previous development contributions held by (or owed to) a territorial authority could be transferred to Kāinga Ora.

Subpart 5—Charges for infrastructure, services, and administration

As introduced, clause 238 would enable Kāinga Ora to set infrastructure and service charges, and clause 240 would enable Kāinga Ora to set administrative charges. We recommend amending the bill so that a common set of clauses covers the publication, waiver or remission, and adjustment of both kinds of charges.

Part 5—General land acquisition powers

Part 5 of the bill would:

  • establish a framework for Kāinga Ora to be able to transfer and acquire land for specified works

  • set out how Kāinga Ora could dispose of acquired land when it was no longer required, including a provision that waived the requirement for the land to be offered back to its original owners in cases where housing or urban renewal has occurred on the land

  • provide that former Māori land could only be transferred or disposed of after first offering it to the former owners.

Subpart 1—Preliminary provisions

We recommend broadening the definition of “housing” in clause 248. As introduced, the definition of “housing” incorporates the definition of retirement village as set out in the Retirement Villages Act 2003. We recommend expanding the definition of “retirement village” in the bill to ensure it is sufficiently wide-ranging. For example, it should include pensioner units regardless of whether they are provided together with care facilities or whether the resident has made a capital contribution for the right to live there.

Subpart 2—Transfer and acquisition of land

Kāinga Ora would be able to request that the Minister for Land Information transfer land to, or acquire land for, Kāinga Ora. The land could be an existing public work, Crown land, common marine and coastal areas, or private and other land.

Clause 253

Clause 253(2)(d) would stipulate that when Kāinga Ora acquires private land for a specified work, section 26(3) of the Public Works Act 1981 applies. However, the land would vest in Kāinga Ora rather than the Crown. The land would also be subject to any registered heritage covenant.

In addition to heritage covenants, we recommend amending clause 253(2)(d)(ii) to ensure that the following also continue to apply:

  • all “conservation interests” as defined in clause 9 of the bill

  • open space covenants under section 22 of the Queen Elizabeth the Second National Trust Act 1977.

This would mean that while covenanted land or land with conservation interests could be acquired for urban development, the covenant or interest would continue to apply until it was removed through the SDP process or through the ordinary process for removing that kind of covenant or interest.

Clause 255

Clause 255 sets out that if land being acquired for an SDP is owned by a Crown agent, the agent’s right of objection is limited. We recommend amending clause 255 so that it applies to land owned by a Crown agent that is being acquired for any type of urban development project, not just an SDP.

Clause 256

We recommend amending clause 256 to incorporate Part 6 of the Public Works Act 1981, which would enable Kāinga Ora to undertake a land swap as a means of compensation for the acquisition of land. We recommend inserting subclause (1)(e) accordingly.

Subpart 3—Dealing with land acquired under Part 5

New clause 259A

We recommend inserting new clause 259A to give Kāinga Ora an express power to grant leases or easements over land that it has acquired for a specified work. The proposed new clause is consistent with the relevant sections in the Public Works Act.

Clause 261

Clause 261 sets out the conditions that would need to be met before Kāinga Ora could transfer land to a developer. Subclause (2) would require Kāinga Ora to enter into a development agreement with the transferees. The agreement would need to specify several matters. We recommend adding two new matters to be specified:

  • whether the transferees are going to dispose of the land to either Kāinga Ora or another party in the future

  • if so, when or in what circumstances.

Subpart 4—Disposal of land no longer under development

Subpart 4 sets out what would need to occur if Kāinga Ora sought to dispose of land no longer required for development.

We recommend inserting clause 266A to consolidate the restrictions on the disposal of land contained in subpart 4, as they relate to Māori interests.

We recommend inserting clause 266B to apply restrictions on the disposal of land in subpart 4 where the Minister of Conservation has imposed conditions on the use of the land. We recommend that, prior to disposal, Kāinga Ora should obtain the Minister of Conservation’s confirmation that the interests have been met or are no longer necessary.

Part 6—Powers of entry, governance, and delegation

Part 6 of the bill would:

  • provide Kāinga Ora with the power of entry in certain circumstances

  • provide for the establishment of a governance entity to oversee a development project, or potential development project

  • enable Kāinga Ora to set criteria for delegations

  • amend the Kāinga Ora—Homes and Communities Act to clarify Kāinga Ora’s tax status.

Subpart 2—Project governance

Subpart 2 contains provisions for Kāinga Ora to establish a governance body for an urban development project, including for SDPs.

Clause 282

Clause 282 sets out the factors Kāinga Ora must have regard to when considering the governance arrangements for urban development projects. We recommend amending it to require Kāinga Ora to have regard to the capability needed to engage with and understand the perspectives of Māori in the urban development project area.

In addition to the factors expressly stated, clause 282(c) specifies that regard should be given to “all other relevant factors”. We recommend amending this so that Kāinga Ora may have regard to other factors that it considers relevant.

Clause 284

Clause 284 would enable territorial authorities that have supported the establishment of an SDP to nominate a person for appointment to certain project governance bodies. We propose amending clause 284. We were satisfied that clause 284 as amended would not prevent territorial authorities that do not support the establishment of an SDP to nominate a person for the body, and that a supporting territorial authority would be able to nominate more than 1 person for appointment. This would be subject to the nominated person being suitable and able to be validly appointed.

Subpart 3—Delegations

Clause 294 in this subpart would amend the Kāinga Ora—Homes and Communities Act 2019. We recommend inserting new subclause (1A) so that the commencement of the amendment to increase the size of Kāinga Ora’s board membership to between 8 and 10 can be delayed by six months.

Schedules of the bill

Schedule 1—Transitional, savings, and related provisions

Schedule 1 deals with restrictions on the development of former Māori and RFR land in existing urban development projects.

We recommend inserting definitions of “development agreement” and “construction contract” in clause 1 of Schedule 1. These definitions are consistent with the respective definitions in the Local Government Act and the Construction Contracts Act 2002.

Schedule 2—Disestablishment and asset transfer

Schedule 2 sets out arrangements for the transfer of ownership of assets constructed as part of an SDP to another party, and the disestablishment of an SDP.

We recommend amending clause 1 of Schedule 2 to specify that both Kāinga Ora and the joint Ministers would have responsibility for deciding to disestablish an SDP. This would be consistent with processes set out in clauses 5 to 10 of Schedule 2.

Clause 6 of Schedule 2 specifies what would need to be set out in a disestablishment proposal. We recommend including a requirement for Kāinga Ora to set out the views of any parties likely to be affected by the proposed disestablishment, and the views of any local authorities in the project area.

Clause 10 of Schedule 2 provides that activities lawfully established under a development plan could continue after the disestablishment of an SDP as long as they came within certain provisions of the Resource Management Act. We recommend amending the clause to enable the existing use rights under section 20A(2) of the Resource Management Act to apply as if the operative date of the rule was the date the disestablishment order came into effect.

Schedule 3—Independent hearings panel

Schedule 3 sets out the requirements and functions of the IHP, including how members would be appointed.

We recommend amending clause 7 of Schedule 3 to clarify that any person appointed by Kāinga Ora to provide administrative support to an IHP would be entitled to recover their reasonable costs from Kāinga Ora. We also recommend removing the ability in clause 7(1)(a) for Kāinga Ora to appoint itself to provide administrative support to an IHP. Employees of Kāinga Ora could still provide administrative support if they were deemed to be suitably skilled.

Schedule 4—Amendments to other Acts

Schedule 4 provides for the amendment of other Acts. We recommend some drafting changes.

We recommend amending the proposed changes to the Kāinga Ora—Homes and Communities Act 2019 by:

  • inserting an amendment to the definition of “development” in section 5 of that Act to clarify that it does not include the maintenance or upgrading of Kāinga Ora’s public housing stock

  • inserting a definition of “public housing” in that Act.

We recommend inserting amendments to:

  • the Local Government Act, so that Kāinga Ora could exercise certain powers on behalf of a local authority if development contributions owed to the authority were not paid.

  • the Local Government Official Information and Meetings Act 1987, so that any targeted rates would show on a property’s land information memorandum (LIM) report.

National Party minority view

National supports the concept of “urban development authorities” as vehicles for delivering brownfields urban regeneration and for accelerating large-scale new housing development focused around transport hubs and other amenities. We support the creation of urban development powers that allow Governments to assemble parcels of land, reconfigure infrastructure, and construct a mix of public and private buildings in high-quality regeneration projects.

In 2017 the then National Government began drafting legislation to support those objectives. The Urban Development Bill builds on that work. It empowers Kāinga Ora with the functions, powers, rights, and duties required to carry out the urban development functions of an urban development authority.

National members supported this bill at first reading. The select committee process has allowed us to scrutinise its provisions in detail.

We have several concerns with this bill.

First, we are concerned that the Urban Development Bill is being progressed in the absence of the wholesale planning law reform that New Zealand needs. We note the comments of many submitters about the urgent need for wider system-level changes—including an overhaul of the Resource Management Act. We believe the absence of such concurrent reform limits the potential benefits from this bill.

We are also concerned that this bill, in the absence of more widespread planning reform, tips the balance unduly towards Crown-initiated development, potentially at the expense of much-needed private sector-initiated development.

Second, we note the complexity of this bill. It agglomerates powers currently dispersed among multiple organisations and Acts as well as incorporating new requirements and processes.

Submitters and officials have identified and addressed many potential legal omissions and ambiguities throughout the select committee process and we consider there is a high risk of remaining technical issues.

We note the concern of at least one submitter that the complexity and prescriptiveness of the processes set out in this bill “threatens to significantly undermine, if not entirely negate, the value gained from deployment of the UDA powers”.1

Finally, we are concerned this bill does not strike the appropriate balance between urban development goals and recognition of property rights. The bill would grant Kāinga Ora significant land acquisition powers. While it largely incorporates the approach to land acquisition set out in the Public Works Act 1981, it differs in important respects. For example, it includes a waiver of the requirement for compulsorily-acquired land to be offered back to its owners following transfer to a private developer, and it grants Kāinga Ora the right to hold on to compulsorily-acquired land even if it is not used for its initial purpose. We are concerned that this combination of Kāinga Ora’s wide-ranging land-acquisition powers, together with reduced offer-back requirements, will unduly impinge on private property rights.

The National Party continues to support the case for urban development projects and powers of the sort envisaged by this bill. However, we believe the issues raised in this report require further scrutiny and that—in the absence of such additional scrutiny—the bill should not proceed.

Appendix

Committee process

The Urban Development Bill was referred to the committee on 10 December 2019. The closing date for submissions was 14 February 2020. We received and considered 134 submissions from interested groups and individuals. We heard oral evidence from 52 submitters at hearings in Wellington and by video link.

We received advice from the Ministry of Housing and Urban Development, the Ministry for the Environment, and Kāinga Ora—Homes and Communities.

Committee membership

Dr Duncan Webb (Chairperson)

Dr Liz Craig

Hon Jacqui Dean

Hon Nathan Guy

Jenny Marcroft

Hon Scott Simpson

Erica Stanford

Chlӧe Swarbrick

Angie Warren-Clark

Nicola Willis participated in our consideration of this bill.

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Hon Phil Twyford

Urban Development Bill

Government Bill

197—2

Contents

Commentary
Key
1Title
2Commencement
3Purpose of this Act
4Treaty of Waitangi
5Principles for specified development projects
6Overview of this Act
7Overview of provisions about specified development projects
8Overview of provisions about urban development by Kāinga Ora generally
9Interpretation
10Meaning of urban development, urban development project, and specified development project
11Examples do not limit provisions
12Transitional, savings, and related provisions
13Act binds the Crown
14Application of Resource Management Act 1991 to project areas
15Housing Act 1955 not limited
16Heritage New Zealand Pouhere Taonga Act 2014 prevails
17Te Ture Whenua Maori Act 1993 prevails
18Marine and Coastal Area (Takutai Moana) Act 2011 prevails
18AApplication of other enactments
19Treaty settlement obligations prevail
19AApplication of sections 20 to 22
20Protected land
21Former Māori land
22RFR land
23Protected When protected land, former Māori land, and RFR land may be included in project area and development plan
24Land that may be needed for settlement of historical Treaty of Waitangi claims
24AEngagement requirements
25Duty to co-operate
26Duty to avoid unreasonable delay
27Judicial review rights
28Key features of specified development projects
29Project objectives
30Criteria for establishing specified development project
31Kāinga Ora or joint Ministers select project
32Status of ministerial direction
33Kāinga Ora assesses project
34Kāinga Ora identifies constraints and opportunities
35Kāinga Ora seeks engagement, etc, engages with Māori and key stakeholders
36Early engagement may satisfy obligation to engage
37Project areas that include specified conservation-related area
38Kāinga Ora gives public notice of proposed key features and invites feedback
39Changes to proposed key features
40Kāinga Ora prepares project assessment report
41Contents of report: recommendation to establish specified development project
42Contents of report: recommendation not to establish
43Territorial authorities invited to indicate support
44Territorial authorities must respond to invitation
45Territorial authority not required to consult before responding
46Joint Ministers make decision on report
47Decision to establish specified development project
48Decision to refer back report
49Decision not to establish project as specified development project
50Orders in Council establishing specified development projects
51Effect of establishment order
52Kāinga Ora must notify relevant local authorities of establishment order
53Kāinga Ora must publish details of specified development projects on Internet site
54Appointment of hearings commissioners
55Amendments to key features of specified development projects
56Orders in Council amending establishment orders
57Transfer and disestablishment
58Application of this subpart
58ADevelopment plan required for every specified development project
59Functions of Kāinga Ora in preparing, amending, or reviewing development plan
60Relevance of certain national instruments
61Development plan required for every specified development project
61In preparing development plan, Kāinga Ora to be sufficiently informed
62Contents of draft development plan
63Further contents of development plan: infrastructure
64Further contents of development plan: funding
65Further contents of development plan: targeted rates
66Provisions that modify planning instruments
67Existing designations for nationally significant infrastructure and defence areas
68Existing designations that are not for nationally significant infrastructure that is not nationally significant or defence area
68ANew designations may be included before notification of draft development plan
69Relevant considerations Documents and other matters relevant to preparation of development plan
70Consultation
71Supporting documents
72Evaluation report: general matters
73Evaluation report: environmental matters
74Evaluation report: infrastructure Infrastructure statement
75Preconditions to be met before draft development plan notified
76Public notice
77Public submissions
78Kāinga Ora must consider, and make recommendations on, submissions
79Establishment of IHP
80Role Purpose and role of IHP
81Considerations relevant to IHP’s recommendations
82IHP recommendations
83Kāinga Ora must advise responsible Minister on IHP recommendations
84Minister’s determination on draft development plan
85Matters Minister must consider
86Approval and notification of development plan as operative
87Notice to Māori entities
88Appeal rights in relation to development plan
89Effect of development plan becoming operative
90Continuing application of planning instruments in project area
91When development plan and planning instruments may be inconsistent
92Status and relevance of iwi planning documents
93Review of development plan by Kāinga Ora
94Amendment of development plan by Kāinga Ora
95Requests for private changes to development plans
96Process for requesting private change to development plan
97Overview of this subpart
98Continuing application of planning instruments and role of local authorities in project area as consent authorities
99Local authorities must include map of project area, etc, in planning instruments
100Local authority may transfer consenting functions to Kāinga Ora
101Local authority preparing or changing plan must have regard to certain additional matters
102Relevant local authority must notify Kāinga Ora before final consideration of plan change
103Power to decline plan change in project area by notice
104Appeal rights in relation to exercise of section 103 power
104AMeaning of relevant application
105Resource consent applications, etc, received by local authority as consent authority What consent authority must do with relevant applications
106Power to decline relevant applications or impose or modify conditions on grants
107Right of objection in relation to exercise of section 106 power
108Appeal rights in relation to exercise of section 106 power
109Kāinga Ora and territorial authorities must assist persons seeking to determine who does what
110Information, advice, and record-keeping obligations from establishment
111Powers of Kāinga Ora to obtain information
112Entity must respond to request under section 111
113Reasons for refusing to supply requested information
114Additional reasons for refusal by relevant local authorities
115What happens if entity does not respond within required time frame
116Role of Kāinga Ora in relation to resource consent applications
116AMonitoring and enforcement of subdivision consents
117When delegation required
117Governance principle applying to Kāinga Ora acting as consent authority
118Certain obligations to post-settlement governance entities continue under this Act
119Resource consents: decision-making framework
120Resource consents required for activities relating to specified development project
121Applications for resource consents
122Processing of applications
123Deferral and suspension
124Further information may be requested at any time
125Notification
126Time limits for giving notice of decisions
127Submission process for notified applications
128Receipt and consideration of submissions
129Hearings
130Alternate appointments to hear and determine consent applications
131Conditions and other obligations
132Form and service of decision
133Commencement of resource consents
134Rights of objection under this Act
135Appeal rights in relation to resource consents in project area
136Right of appeal against direction given under section 85 of Resource Management Act 1991
137Kāinga Ora is requiring authority
138Notices of requirements for designations
139Further modifications to Part 8 of Resource Management Act 1991
140Approval of Kāinga Ora to lodge notice of requirement for new designations
141Notice of requirement for proposals of national significance
141AProcess applying to new or modified designations after development plan becomes operative
142Kāinga Ora may request that reserve status or conservation interest be revoked
143Minister must give effect to development plan following request under section 142
144Creation, classification, and vesting of reserves
145Application of this subpart
146Overview of this subpart
147Interpretation for this subpart
148Meaning of roading powers
149Kāinga Ora has roading powers if stated in development plan
150Additional functions if Kāinga Ora has roading powers
151Kāinga Ora has jurisdiction over roads for which it has roading powers
152Limitations on Kāinga Ora exercising roading powers
153Relevant territorial authority prohibited from performing functions and exercising powers that Kāinga Ora has under section 149(2)
154Jurisdiction in respect of roads defined more widely than in Local Government Act 1974
155Meaning of non-roading water-related infrastructure powers
156Kāinga Ora has non-roading water-related infrastructure powers when development plan becomes operative
157Construction of new water or wastewater water-related infrastructure on, under, or over roads
158Limitations on power to construct new non-roading water-related infrastructure
159Requirements before constructing new non-roading water-related infrastructure without land owner’s consent
160When owner and occupier can be treated as having consented
161What happens if owner or occupier objects
162Right of appeal against determination of hearings commissioner
163Construction authorised by development plan
164Prohibition on others constructing new non-roading water-related infrastructure without consent of Kāinga Ora
165Kāinga Ora responsible for costs of construction
166Limitations on power to alter non-roading water-related infrastructure Kāinga Ora does not control
167Controlling authority responsible for costs of operating and maintaining non-roading water-related infrastructure
168Requirement to transfer non-roading water-related infrastructure once connected
169Ongoing application of section 181(4) of Local Government Act 2002 to transferred non-roading water-related infrastructure
170Duty of Kāinga Ora relating to works likely to affect nationally significant infrastructure
171Meaning of bylaw change
172Power of Kāinga Ora to propose bylaw change
173Requirements before proposing bylaw change
174Kāinga Ora publicly notifies proposed bylaw change and invites views, etc
175Minor adjustments to proposed bylaw change
176Kāinga Ora may request or require bylaw change
177Notice requesting bylaw change
178Refusal to make requested change does not prevent future requests
179Circumstances where Kāinga Ora may require bylaw change
180Notice requiring bylaw change
181Bylaw-making authority must make bylaw changes required by development plan
182Requirements under other Acts satisfied for making of bylaw changes
183Bylaw-making authority must preserve bylaw changes made in accordance with this subpart
184Bylaw-making authorities must consult Kāinga Ora on certain proposals
184AReview of bylaws by Kāinga Ora and bylaw-making authorities
185Purpose of this Part
186Interpretation for this Part
187Application of Local Government (Rating) Act 2002: modifications General modifications to Local Government (Rating) Act 2002 when applied
188What is rateable?
189Who must pay rates?
190Order in Council may authorise Kāinga Ora to set rates
191Content of targeted rates order
192Rates required for unforeseen or and urgent circumstances
193Kāinga Ora may set rates for financial year Procedure for setting rates
194Kāinga Ora may set rates again within same financial year
195Rates may cover costs of collection and recovery
196Procedural requirements for rates resolution
197Due date or dates for payment
198How rates may be spent
198AWhen excess rates are refunded to ratepayers
198BKāinga Ora to notify rates resolution to relevant territorial authority
199Relevant territorial authority to collect rates
199ARelevant territorial authority to pay rates revenue to Kāinga Ora
199BRelevant territorial authority may retain some rates revenue to cover costs
199CRelevant territorial authority to retain and refund rates revenue if maximum is exceeded
200Rates must be calculated in accordance with values and factors
201Notice of rates assessment
202Contents of rates assessment
203Rates invoice
204Penalties on unpaid rates
204AWhen Kāinga Ora may recover unpaid rates
205Application of Local Government (Rating) Act 2002: calculation, payment, and recovery
206Remission of rates
207Recording remitted rates
208Postponement of requirement to pay rates
209Application of Local Government (Rating) Act 2002: postponed rates
210Application of Local Government (Rating) Act 2002: rating of Māori freehold land
211Rating information database to include information on targeted rates
212Rates records to include information on targeted rates
213Kāinga Ora and relevant territorial authority to share rating information
214Application of Local Government (Rating) Act 2002: rating information database and rates records
214AApplication of Local Government (Rating) Act 2002: rating information database and rates records
215Kāinga Ora may assume functions, etc, of relevant territorial authority
216Relevant territorial authority may delegate to its chief executive, etc
217Application of local government Acts: other matters
218Principles for development contributions
219Meaning of development
220Kāinga Ora may require development contributions
221Determining amount of development contributions
222Manner in which development contributions may be required
223Limits on power to require development contributions
224Right to reconsideration of requirement for development contributions
225Objection to development contributions
226Procedure for objection to development contributions
227Costs of development contributions objections
227AUse of development contributions by Kāinga Ora
228Use of development contributions for reserves
229Alternative uses of development contributions for reserves
230Consequences if development contributions unpaid
231Refund of development contributions if developments do not proceed
232Refund of development contributions if not used for reserve purposes
233Development agreements
234Review of development contributions policy
234ATransfer of previous development contributions to Kāinga Ora
235Betterment arising from forming or widening road
236Betterment arising from public transport infrastructure
237Betterment revenue must be used for land roads or public transport infrastructure
238Kāinga Ora may fix infrastructure and service charges
239Adjustment of infrastructure and service charges
239AKāinga Ora may fix infrastructure and service charges
240Kāinga Ora may fix administrative charges
241Considerations when fixing or imposing administrative charges
242Kinds of administrative charges
242AApplication of sections 243 to 246
243Waiver or remission of administrative charges
244No action until administrative charges are paid
245Publication of administrative charges
246Adjustment of administrative charges
247Overview of this Part
248Interpretation for this Part
249Meaning of specified work
250Kāinga Ora may request that Minister for Land Information transfer or acquire land
251Existing public work
252Crown land and common marine and coastal area
253Private and other land
254Procedure for transfer of Crown-owned land
255Crown agent’s right of objection limited if taking is for specified development project
256Compensation may be claimed
257Alternative compensation may be agreed
258Crown may recover costs from Kāinga Ora
259Registrar-General must note that land held for specified work
259AKāinga Ora may grant leases, easements, etc
260Kāinga Ora may transfer land to developer
261Preconditions for transfer of land to developer
262Right of resumption
263Registrar-General of Land must note right of resumption
264Removal of notation recording right of resumption
265When right of resumption may be exercised
266How right of resumption is exercised
266ARestrictions on disposal of land under this subpart: Māori interests
266BRestrictions on disposal or setting apart of land under this subpart: conservation matters
267Disposal of land if certain specified work completed
268Disposal of land no longer required for specified work
269Land may be set apart for different specified work
270Land may be disposed of Disposal of land for public work
270ASetting apart of land for different specified work
271Rules for transferring or disposing of former Māori land
272Modifications to Public Works Act 1981 for offer Offer back of former Māori land
273Meaning of authorised person
274Power to enter land and buildings
275Limits on powers of entry: timing and excluded properties
276Notice of entry
277Other requirements when exercising power of entry
278Appointment of authorised persons
279Offence to obstruct authorised person
280Interpretation for this subpart Meaning of committee
281Application of sections 282 and 283
282Factors relevant to decisions on governance of urban development projects
283Types of project governance bodies
284Supporting territorial authorities may nominate for appointment to certain committees and boards
285What Kāinga Ora or its board must do with nominations
284Supporting territorial authorities
286Removal of nominated persons
287Kāinga Ora must publish appointments of project governance bodies
288Provision applying if period where no project governance body appointed for specified development project
289Kāinga Ora must have policy on delegating functions and powers
290Duty of Kāinga Ora relating to delegated functions and powers
291Functions and powers that may not be delegated outside Kāinga Ora
292Development plan for specified development project may approve delegations
293Certain delegations subject to relevant territorial authority approval
294Amendment Amendments to Kāinga Ora–Homes and Communities Act 2019
295Amendments to other Acts
Legislative history

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Urban Development Act 2019.

2 Commencement

(1)

This Act comes into force on the day after the date on which it receives the Royal assent.

(2)

However, section 294 is treated as coming into force on 1 October 2019.

(2)

However,

(a)

section 294(1A) comes into force on the day that is 6 months after the date of Royal assent; and

(b)

section 294(2) is treated as coming into force on 1 October 2019.

Part 1 Preliminary provisions

Subpart 1—Purpose and principles

3 Purpose of this Act

(1)

The purpose of this Act is to facilitate urban development that contributes to sustainable, inclusive, and thriving communities.

(2)

To that end, this Act—

(a)

provides a mechanism to streamline and consolidate processes for selected urban development projects initiated, facilitated, or undertaken by Kāinga Ora–Homes and Communities (referred to in this Act as Kāinga Ora); and

(b)

provides powers for the acquisition, development, and disposal of land used for the purpose of Kāinga Ora performing its urban development functions; and

(c)

provides additional powers, rights, and duties for the purpose of Kāinga Ora performing its urban development functions.

4 Treaty of Waitangi

In achieving the purpose of this Act, all persons performing functions or exercising powers under it must take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).

Specified development projects

5 Principles for specified development projects

(1)

In achieving the purpose of this Act, all persons performing functions or exercising powers under it in relation to specified development projects, or urban development projects selected or assessed as potential specified development projects, must—

(a)

have particular regard to providing, or enabling,—

(i)

integrated and effective use of land and buildings; and

(ii)

quality infrastructure and amenities that support community needs; and

(iii)

efficient, effective, and safe transport systems; and

(iv)

access to open space for public use and enjoyment; and

(v)

low-emission urban environments; and

(b)

promote the sustainable management of natural and physical resources and, in doing so,—

(i)

recognise and provide for the matters in section 6 of the Resource Management Act 1991; and

(ii)

have particular regard to the matters in section 7 of that Act; but

(iii)

recognise that amenity values may change.

(2)

In this section, sustainable management has the same meaning as in section 5(2) of the Resource Management Act 1991.

Subpart 2—Overview of this Act

6 Overview of this Act

(1)

This Act is related to the Kāinga Ora–Homes and Communities Act 2019, which, among other things,—

(a)

establishes Kāinga Ora; and

(b)

gives it functions that include initiating, facilitating, and undertaking urban development.

(2)

This Act sets out functions, powers, rights, and duties that relate to that urban development function. The functions, powers, rights, and duties fall into 2 categories, as follows:

(a)

those that apply only to projects that are established as specified development projects (see Parts 2 to 4); and

(b)

those that apply both to specified development projects and to other urban development that is initiated, facilitated, or undertaken by Kāinga Ora (see Parts 5 and 6).

(3)

This subpart, and any other provision of this Act referred to as an overview, is intended as a guide to the overall scheme and effect of the provisions referred to in it.

7 Overview of provisions about specified development projects

(1)

Part 2 provides for—

(a)

how an urban development project is established as a specified development project (see subpart 1 of Part 2 and, for the definition of urban development project, section 10(3)); and

(b)

once the project is established, the project’s development plan to be prepared and approved (see subpart 2 of Part 2).

(2)

Most of the functions, powers, rights, and duties set out in Parts 3 and 4 are available to Kāinga Ora only after a project’s development plan becomes operative. Broadly, they relate to—

(a)

resource consenting and designations under the Resource Management Act 1991 (see subpart 2 of Part 3):

(b)

the use and reconfiguration of reserves, and the use of land that is subject to conservation interests (see subpart 3 of Part 3):

(c)

certain infrastructure (roads, water supply, wastewater, and drainage) and the changing of infrastructure-related bylaws (see subpart 4 of Part 3):

(d)

rating and other funding powers (see Part 4).

(3)

Most of subpart 1 of Part 3 deals with the period that starts on the establishment date for a specified development project and ends when the project’s development plan becomes operative (referred to in this Act as the transitional period).

(4)

See also

(a)

section 51(1) for an overview of the effect of a specified development project being established; and

(b)

section 89 as to the effect of a development plan becoming operative.

8 Overview of provisions about urban development by Kāinga Ora generally

(1)

Parts 5 and 6 apply to urban development initiated, facilitated, or undertaken by Kāinga Ora (including specified development projects).

(2)

The functions, powers, rights, and duties set out in those Parts broadly relate to—

(a)

the acquisition of land (including by compulsion) (see Part 5):

(b)

powers to enter land and buildings (see subpart 1 of Part 6):

(c)

the governance of projects (see subpart 2 of Part 6):

(d)

the delegation of functions and powers of Kāinga Ora (see subpart 3 of Part 6).

Subpart 3—Interpretation and application

Interpretation

9 Interpretation

In this Act, unless the context otherwise requires,—

acquired by Kāinga Ora is defined in section 248 for the purposes of Part 5

administrative charge means a charge that may be fixed or imposed under section 240

alter is defined in section 155(2) for the purposes of water-related infrastructure powers

alter is defined in section 147(1) for the purposes of subpart 4 of Part 3

amenity values has the same meaning as in section 2(1) of the Resource Management Act 1991

Auckland Transport means the entity established by section 38 of the Local Government (Auckland Council) Act 2009

authorised person is defined in section 273 for the purposes of subpart 1 of Part 6

building consent has the same meaning as in section 7 of the Building Act 2004

building consent authority has the same meaning as in section 7 of the Building Act 2004

bylaw change has the meaning set out in section 171

bylaw-making authority has the meaning set out in section 147(1)

chief executive under the Public Works Act 1981 means the chief executive referred to in section 40(1) of the Public Works Act 1981

claimant group, in relation to the definitions of post-settlement governance entity, Treaty settlement Act, and Treaty settlement deed, means a group of Māori with Treaty of Waitangi claims against the Crown, whether or not those claims have been lodged with, or heard by, the Waitangi Tribunal under the Treaty of Waitangi Act 1975

coastal marine area has the same meaning as in section 2(1) of the Resource Management Act 1991

combined planning instrument means a document of the kind described in section 80 of the Resource Management Act 1991

committee is defined in section 280 for the purposes of subpart 2 of Part 6

common marine and coastal area has the same meaning as in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

community facility means a facility for—

(a)

the use of community members or the public generally for educational, recreational, sporting, cultural, safety, health, welfare, or worship purposes; and

(b)

any activity ancillary to a use described in paragraph (a)

conservation interest means—

(a)

an interest of the kind described in paragraph (b) of the definition of conservation area in section 2(1) of the Conservation Act 1987:

(b)

a declaration under section 76 of the Reserves Act 1977 that land is protected private land:

(c)

a covenant under section 77 of the Reserves Act 1977 or section 27 of the Conservation Act 1987:

(d)

a Ngā Whenua Rāhui kawenata under section 77A of the Reserves Act 1977 or section 27A of the Conservation Act 1987:

(e)

a caveat under section 138 of the Land Transfer Act 2017 for which the caveator is the Crown and the purpose is to protect conservation values

control, in relation to the definition of Crown body in section 20(5) and the definition of post-settlement governance entity in this section, means,

(a)

for a company, control of the composition of its board of directors; and

(b)

for any other body or entity, control of the composition of the group that would be its board of directors if the body or entity were a company

controlling authority is defined in section 147(1) for the purposes of subpart 4 of Part 3

corridor manager has the same meaning as in section 4 of the Utilities Access Act 2010

Crown agent has the same meaning as in section 10(1) of the Crown Entities Act 2004

Crown entity subsidiary has the same meaning as in section 10(1) of the Crown Entities Act 2004

Crown land is defined in section 248 for the purposes of Part 5

Crown protected area has the same meaning as in section 4 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008

customary marine title and customary marine title group has the same meaning as have the same meanings as in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

deed of recognition means the redress of that name included in certain Treaty settlement Acts

defence area has the same meaning as in section 2(1) of the Defence Act 1990

designation

(a)

has the same meaning as in section 166 of the Resource Management Act 1991; and

(b)

if the context requires, also includes a designation included in a development plan under this Act

development is defined in section 219 for the purposes of subpart 3 of Part 4

development contribution means a contribution comprising money or land (or both), where land—

(a)

includes a specified reserve or esplanade reserve (other than in relation to a subdivision consent within the meaning of section 87(b) of the Resource Management Act 1991); and

(b)

excludes protected land described in section 20(2)

development plan means an operative development plan gazetted under section 86(5); and

disestablishment order means an Order in Council made under clause 7 of Schedule 2 that disestablishes a specified development project

district plan has the same meaning as in section 43AA of the Resource Management Act 1991

draft development plan means a development plan that is in the process of being prepared for gazettal in accordance with subpart 2 of Part 2, until the plan is declined or made operative under section 86 before its approval and notification under section 86

dwelling house has the same meaning as dwellinghouse in section 2(1) of the Resource Management Act 1991

establishment date, in relation to a specified development project, means the commencement date of its establishment order

establishment order means an Order in Council made under section 50 that establishes an urban development project as a specified development project

financial year, in relation to a targeted rate, has the same meaning as in section 5 of the Local Government (Rating) Act 2002

Fire and Emergency New Zealand means the Crown entity continued under section 8 of the Fire and Emergency New Zealand Act 2017

former Māori land means land that—

(a)

is held—

(i)

for a specified work by Kāinga Ora; or

(ii)

for a public work by the Crown or a local authority; and

(b)

was, immediately before it was acquired or taken for a specified work or a public work (whether or not the work for which the land is held, or the person who holds the land, has changed since the land’s acquisition),—

(i)

Māori land; or

(ii)

general land owned by Māori that ceased to be Māori land under Part 1 of the Maori Affairs Amendment Act 1967

former owners, in relation to former Māori land, means the 1 or more persons who, in accordance with section 272, are entitled

(a)

means the 1 or more persons who owned the land immediately before it was acquired or taken for a specified work or a public work; and

(b)

includes any successors of the persons referred to in paragraph (a)

(a)

to receive an offer to buy the land; or

(b)

to have the land vested in them

general land owned by Māori has the same meaning as in section 4 of Te Ture Whenua Maori Act 1993

hapū authority has the same meaning as iwi authority in section 2(1) of the Resource Management Act 1991, subject to the necessary modifications

hearings commissioner means a hearings commissioner appointed in accordance with section 54

Heritage New Zealand Pouhere Taonga means the Crown entity established by section 9 of the Heritage New Zealand Pouhere Taonga Act 2014

historic heritage has the same meaning as in section 2(1) of the Resource Management Act 1991

historical claim means a claim made by a group of Māori and that arises from, or relates to, acts or omissions before 21 September 1992 by or on behalf of the Crown, and founded on a right arising

(a)

from the Treaty of Waitangi or its principles; or

(b)

by or under legislation; or

(c)

at common law (including aboriginal title or customary law); or

(d)

from a fiduciary duty; or

(e)

otherwise

holder, in relation to a right of first refusal or a right of second refusal, means the 1 or more post-settlement governance entities that have the right of first refusal or the right of second refusal in relation to the RFR land

housing is defined in section 248 for the purposes of Part 5

IHP means an independent hearing panel established in accordance with Schedule 3

infrastructure has the same meaning as in section 2(1) of the Resource Management Act 1991

infrastructure and service charge means a charge that may be fixed under section 238 239A

infrastructure operator means an operator of infrastructure and includes a network utility operator

infrastructure powers means the roading powers and the non-roading powers

infrastructure statement means the supporting document required by section 71(1)(b)

interest, for the purpose of the definition of Māori entity, includes

(a)

any right or interest held by, or granted to, a Māori entity under a Treaty settlement deed, Treaty settlement Act, or other iwi participation legislation; and

(b)

an ownership interest in land; and

(c)

a customary or other interest in land that is recognised under an enactment

interest, in relation to a Māori entity, means

(a)

any right or interest held by, or granted to, a Māori entity under a Treaty settlement deed, Treaty settlement Act, or other iwi participation legislation:

(b)

an ownership interest in land:

(c)

a customary or other interest in land that is recognised under an enactment or a judgement or an order of a court of competent jurisdiction:

(d)

a customary marine title or a protected customary right

iwi authority has the same meaning as in section 2(1) of the Resource Management Act 1991

iwi participation legislation has the same meaning as in section 58L of the Resource Management Act 1991

iwi planning document means a plan, including a management plan or a strategy, prepared in whole or in part by a Māori entity under legislation, including under—

(a)

the Resource Management Act 1991; or

(b)

a Treaty settlement Act or other iwi participation legislation; or

(c)

a Treaty settlement deed; or

(d)

the Marine and Coastal Area (Takutai Moana) Act 2011

joint Ministers means the responsible Minister and the Minister of Finance, acting jointly

Kāinga Ora means Kāinga Ora–Homes and Communities established under section 8 of the Kāinga Ora–Homes and Communities Act 2019

key features is defined in section 28(4) for the purposes of subpart 1 of Part 2

key stakeholders, in relation to a specified development project (or a project being assessed as a potential specified development project), means the persons listed in section 35(3)

land,—

(a)

except in Parts 4 and 5, has the same meaning as in section 2(1) of the Resource Management Act 1991:

(b)

is defined in section 186(1) for the purposes of Part 4:

(c)

is defined in section 248 for the purposes of Part 5

limited notification is the form of notification described in section 95B of the Resource Management Act 1991

local authority,—

(a)

except in Part 5, has the same meaning as in section 5(1) of the Local Government Act 2002:

(b)

is defined in section 248 for the purposes of Part 5

local government rate is defined in section 186(1) for the purposes of Part 4

Māori association has the same meaning as in section 2 of the Maori Community Development Act 1962

Māori entity means any of the following persons or entities:

(a)

that have an interest in a project area or a proposed project area:

(i)

a post-settlement governance entity:

(ii)

an iwi or hapū authority:

(iii)

an urban Māori authority:

(iv)

a Māori Trust Board:

(v)

the Māori Trustee:

(vi)

a Māori association:

(vii)

a board, committee, authority, or other body, incorporated or unincorporated, recognised in, or established under, iwi participation legislation:

(viii)

a body corporate, the trustees of a trust, or any other entity or persons who have an ownership interest in Māori land:

(ix)

a body corporate or the trustees of a trust appointed to administer a Māori reservation:

(x)

the entity that is authorised to act for a natural resource with legal personhood:

(b)

a customary marine title group or protected customary rights group with an interest in a project area or a proposed project area or adjoining a project area or proposed project area

(a)

a post-settlement governance entity:

(b)

an iwi authority:

(c)

a hapū:

(d)

an urban Māori authority:

(e)

a Māori Trust Board:

(f)

a Māori association:

(g)

the Māori Trustee:

(h)

a board, committee, authority, or other body, incorporated or unincorporated, recognised in, or established under, iwi participation legislation:

(i)

a body corporate, the trustees of a trust, or any other entity or persons who have an ownership interest in Māori land:

(j)

a body corporate or the trustees of a trust appointed to administer a Māori reservation:

(k)

a customary marine title group or protected customary rights group:

(l)

the entity that is authorised to act for a natural resource with legal personhood

Māori freehold land has the same meaning as in section 4 of Te Ture Whenua Maori Act 1993

Māori land has the same meaning as in section 4 of Te Ture Whenua Maori Act 1993

Māori Trust Board has the same meaning as in the Maori Trust Boards Act 1955

marine and coastal area has the same meaning as in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

Minister for Land Information means the Minister who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of the Public Works Act 1981

nationally significant infrastructure means any of the following:

(a)

State highways:

(b)

the national grid electricity transmission network:

(c)

renewable electricity generation facilities that connect directly to the national grid electricity transmission network:

(d)

the high-pressure gas transmission pipeline network operating in the North Island:

(e)

the refinery pipeline between Marsden Point and Wiri:

(f)

the New Zealand rail network (including light rail):

(fa)

land and airspace designated for defence purposes under the Resource Management Act 1991:

(g)

airports used for regular air transport services by aeroplanes capable of carrying more than 30 passengers:

(h)

the port companies referred to in item 6 of Part A of Schedule 1 of the Civil Defence Emergency Management Act 2002

network utility operator has the same meaning as in section 166 of the Resource Management Act 1991

New Zealand Transport Agency means the Agency established by section 93 of the Land Transport Management Act 2003

non-roading infrastructure has the meaning set out in section 147(1)

non-roading powers has the meaning set out in section 155

owner is defined, in relation to land that is a road and the exercise of non-roading water-related infrastructure powers, in section 147(1) for the purposes of subpart 4 of Part 3

park

(a)

means land

(i)

owned by a relevant local authority; and

(ii)

acquired or used principally for community, recreational, environmental, cultural, or spiritual purposes; but

(b)

does not include land that is held as a reserve, or part of a reserve, under the Reserves Act 1977

participation arrangement means an arrangement entered into under a Treaty settlement Act, Treaty settlement deed, or other enactment such as the Resource Management Act 1991 or the Local Government Act 2002 that provides a right for a Māori entity to participate in processes, including a right—

(a)

to produce, or participate in producing, a planning instrument, iwi planning document, strategy, or management plan that relates to a project area:

(b)

to appoint members to a standing committee of a territorial authority under the Local Government Act 2002 that operates in a project area:

(c)

to appoint persons to hear and determine resource consent applications for activities within the project area

planning instrument means a regional or district plan, a combined planning instrument, or a regional policy statement

post-settlement governance entity

(a)

means a body corporate or the trustees of a trust established by a claimant group for the purposes of receiving redress in the settlement of the historical claims of that group; and

(b)

includes an entity established to represent a collective or combination of claimant groups

post-settlement governance entity

(a)

means a body corporate or the trustees of a trust established, for the purpose of receiving redress in the settlement of the Treaty of Waitangi claims of a claimant group,

(i)

by that group; or

(ii)

by or under an enactment or order of a court; and

(b)

includes

(i)

an entity established to represent a collective or combination of claimant groups; and

(ii)

an entity controlled by an entity referred to in paragraph (a); and

(iii)

an entity controlled by a hapū to which redress has been transferred by an entity referred to in paragraph (a)

private plan change means a private plan change to a development plan under sections 95 and 96

project area means the area or areas of land identified as the project area in an establishment order for a specified development project

project objectives means the project objectives set out in an establishment order for a specified development project

proposed project area means a project area that Kāinga Ora is considering in relation to a project that is being assessed under subpart 1 of Part 2

protected customary rights and protected customary rights group has the same meaning as have the same meanings as in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

protected land means the land described in section 20(2) and (4)

public housing has the same meaning as in section 5(1) of the Kāinga OraHomes and Communities Act 2019

public notice has the same meaning as in section 2AB of the Resource Management Act 2001 1991

public transport infrastructure is defined in section 186(1) for the purposes of Part 4

public work has the same meaning as in section 2 of the Public Works Act 1981

ratepayer is defined in section 186(1) for the purposes of Part 4

rating unit means a rating unit within the meaning of sections 5B and 5C of the Rating Valuations Act 1998

record of title has the same meaning as in section 5(1) of the Land Transfer Act 2017

redress means redress provided for, by, or under a Treaty settlement Act or Treaty settlement deed, including redress provided by or under—

(a)

a statutory acknowledgment and the associated statement of association:

(b)

a deed of recognition:

(c)

an overlay classification and the associated protection principles:

(d)

an advisory board or committee set up to provide advice in relation to the management of a reserve or natural resource

regional council has the same meaning as in section 5(1) of the Local Government Act 2002

regional park has the same meaning as in section 139(1) of the Local Government Act 2002

regional plan has the same meaning as in section 43AA of the Resource Management Act 1991

regional policy statement has the same meaning as in section 43AA of the Resource Management Act 1991

register of land has the same meaning as register in section 5(1) of the Land Transfer Act 2017

Registrar-General of Land has the same meaning as Registrar in section 5(1) of the Land Transfer Act 2017

relevant, in relation to a policy that relates to a targeted rate or development contribution, is defined in section 186(1) for the purposes of Part 4

relevant local authority, in relation to a specified development project (or a project being assessed as a potential specified development project), means—

(a)

every regional council whose region includes land in the project area (or proposed project area); and

(b)

every relevant territorial authority for the project

relevant territorial authority,—

(a)

in relation to a specified development project (or a project being assessed as a potential specified development project), means every territorial authority whose district includes land in the project area (or proposed project area):

(b)

for the purposes of subpart 4 of Part 3, is defined in section 147(1) as including, in Auckland, Auckland Transport

requiring authority has the same meaning as in section 166 of the Resource Management Act 1991 and includes Kāinga Ora, subject to section 137(2) and (3)

reserve has the same meaning as in section 2(1) of the Reserves Act 1977

resource consent has the same meaning as in section 2(1) of the Resource Management Act 1991

responsible Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

retirement village is defined in section 248 for the purposes of Part 5

RFR means a currently enforceable right of 1 or more post-settlement governance entities to be offered the transfer, vesting, or lease of land before the owner may dispose of it to others, as provided for in a Treaty settlement Act or Treaty settlement deed

RFR holder means the 1 or more post-settlement governance entities that have the RFR in relation to RFR land

RFR land means land that is subject to an RFR or RSR a right of first refusal or a right of second refusal

right of first refusal means a right of 1 or more post-settlement governance entities that

(a)

is a right to be offered the transfer, vesting, or lease of land before the landowner may dispose of it to others; and

(b)

is currently enforceable; and

(c)

is provided for in a Treaty settlement Act or Treaty settlement deed

right of resumption is defined in section 248 for the purposes of Part 5

right of second refusal means a right of 1 or more post-settlement governance entities that

(a)

is a right to be offered the transfer, vesting, or lease of RFR land after the holder of the right of first refusal and before the landowner may dispose of the land to others; and

(b)

is currently enforceable; and

(c)

is provided for in a Treaty settlement Act or Treaty settlement deed

roading powers has the meaning set out in section 148

RSR means a currently enforceable right of 1 or more post-settlement governance entities to be offered the transfer, vesting, or lease of RFR land after the RFR holder, and before the owner may dispose of the land to others, as provided for in a Treaty settlement Act or Treaty settlement deed

RSR holder means the 1 or more post-settlement governance entities that have the RSR (if any) in relation to RFR land

service connection is defined in section 186(1) for the purposes of Part 4

specified conservation-related area has the meaning set out in section 30(d)

specified development project has the meaning set out in section 10(4)

specified reserve means land classified as any of the following under the Reserves Act 1977:

(a)

a recreation reserve:

(b)

a historic reserve:

(c)

a scenic reserve:

(d)

a government purpose reserve:

(e)

a local purpose reserve

specified work has the meaning set out in section 249

statutory acknowledgment means redress of that name included in certain Treaty settlement Acts

supporting documents means the documents required by section 71 sections 72 to 74

targeted rate has the meaning set out in section 186(1)

targeted rates order is defined in section 186(1) for the purposes of Part 4

territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002

three waters services includes services associated with drinking water, wastewater, and stormwater

transfer order means an order made under clause 4 of Schedule 2

transitional period has the meaning set out in section 97(2)

Treaty of Waitangi claim means a claim within the meaning of section 6 of the Treaty of Waitangi Act 1975, whether that claim was submitted or not to the Waitangi Tribunal

Treaty settlement Act means—

(a)

an Act listed in Schedule 3 of the Treaty of Waitangi Act 1975; and

(b)

any Act that provides collective redress or participation arrangements to claimant groups whose claims are, or are to be, settled by another Act

(b)

any other Act that provides redress for Treaty of Waitangi claims, including Acts that provide collective redress or participation arrangements for claimant groups whose claims are, or are to be, settled by another Act

Treaty settlement deed means a deed or other agreement entered into by the Crown and a group of Māori claimants in settlement of the historical claims of that group, or that provides redress associated with such a settlement

Treaty settlement deed means a deed or other agreement

(a)

that is signed for and on behalf of the Crown by 1 or more Ministers of the Crown and by representatives of a claimant group; and

(b)

that is in settlement of the Treaty of Waitangi claims of the members of that group, or in express anticipation, or on account, of that settlement

Treaty settlement obligations means obligations under any of the following:

(a)

Treaty settlement Acts:

(b)

Treaty settlement deeds

urban development has the meaning set out in section 10(1)

urban development project has the meaning set out in section 10(3)

urban renewal is defined in section 248 for the purposes of Part 5

Utilities Access Code means the Code approved under the Utilities Access Act 2010

utility operator has the same meaning as in section 4 of the Utilities Access Act 2010.

wastewater services has the same meaning as in section 124 of the Local Government Act 2002

water-related infrastructure has the meaning set out in section 147(1)

water-related infrastructure powers has the meaning set out in section 155(1)

working day has the same meaning as in section 2(1) of the Resource Management Act 1991.

10 Meaning of urban development, urban development project, and specified development project
Urban development

(1)

In this Act, urban development includes—

(a)

development of housing, including public housing and community housing, affordable housing, homes for first-home buyers, and market housing:

(b)

development and renewal of urban environments, whether or not this includes housing development:

(c)

development of related commercial, industrial, community, or other amenities, infrastructure, facilities, services, or works.

(2)

See also section 13(1)(f) of the Kāinga Ora–Homes and Communities Act 2019.

Urban development project

(3)

In this Act, urban development project means a project for urban development, but does not include a project that is only to develop or redevelop public housing on land owned by Kāinga Ora.

Specified development project

(4)

In this Act, specified development project means an urban development project that is established as a specified development project by an establishment order (see section 50).

11 Examples do not limit provisions

(1)

An example used in this Act does not limit the provisions to which it relates.

(2)

If an example and a provision to which it relates are inconsistent, the provision prevails.

Application

12 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

13 Act binds the Crown

This Act binds the Crown.

14 Application of Resource Management Act 1991 to project areas

Except as otherwise specified in this Act, the provisions of the Resource Management Act 1991 continue to apply in relation to project areas.

15 Housing Act 1955 not limited

Nothing in this Act (including anything in subpart 4 of this Part) limits or affects the Housing Act 1955.

16 Heritage New Zealand Pouhere Taonga Act 2014 prevails

If a provision of this Act is inconsistent with a provision in the Heritage New Zealand Pouhere Taonga Act 2014, the provision in the Heritage New Zealand Pouhere Taonga Act 2014 prevails.

17 Te Ture Whenua Maori Act 1993 prevails

If a provision of this Act is inconsistent with a provision in Te Ture Whenua Maori Act 1993, the provision in Te Ture Whenua Maori Act 1993 prevails.

18 Marine and Coastal Area (Takutai Moana) Act 2011 prevails

If a provision of this Act is inconsistent with a provision in the Marine and Coastal Area (Takutai Moana) Act 2011, the provision in the Marine and Coastal Area (Takutai Moana) Act 2011 prevails.

Other enactments

18A Application of other enactments

(1)

Except as otherwise specified in this Act,

(a)

all persons performing functions or exercising powers under this Act must comply with any provisions of any other enactment that apply to that function or power; and

(b)

the provisions of the Resource Management Act 1991 continue to apply in relation to a project area.

(2)

Nothing in this Act limits or otherwise affects the following enactments:

(a)

the Heritage New Zealand Pouhere Taonga Act 2014:

(b)

the Housing Act 1955:

(c)

the Marine and Coastal Area (Takutai Moana) Act 2011:

(d)

Te Ture Whenua Maori Act 1993.

(3)

Neither of the following actions, of itself, precludes an applicant group from establishing, under the Marine and Coastal Area (Takutai Moana) Act 2011, the existence of a protected customary right area or a customary marine title:

(a)

the establishment of a specified development project under section 50 of this Act on land abutting all or part of the marine and coastal area specified by the applicant group:

(b)

the setting apart of a part of the marine and coastal area under section 252 of this Act for a specified work.

(4)

In this section, applicant group has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011.

19 Treaty settlement obligations prevail

If a provision of this Act is inconsistent with a Treaty settlement obligation, the Treaty settlement obligation prevails.

Subpart 4—Restrictions on developing certain land

19A Application of sections 20 to 22

(1)

The restrictions set out in section 20 in relation to protected land apply only to the use of powers in this Act.

(2)

The restrictions set out in sections 21 and 22 in relation to former Māori land and RFR land apply to Kāinga Ora whether it is acting under this Act or any other Act (except the Housing Act 1955see section 18A(2)(b)).

20 Protected land

(1)

The land described in subsections (2) and (4) is referred to in this Act as protected land.

Land absolutely protected from acquisition and development

(2)

No power in this Act may be used in relation to the following land:

Reserves, national parks, etc

(a)

land classified as a nature reserve or a scientific reserve under the Reserves Act 1977:

(b)

land constituted as a national park under the National Parks Act 1980:

(c)

land described in paragraph (a) of the definition of conservation area in section 2(1) of the Conservation Act 1987:

(d)

land that is a wildlife sanctuary, wildlife refuge, or wildlife management reserve as defined in section 2(1) of the Wildlife Act 1953:

Māori customary land and Māori reservations

(e)

Māori customary land:

(f)

land vested in the Māori Trustee that—

(i)

is constituted as a Māori reserve by or under the Maori Reserved Land Act 1955; and

(ii)

remains subject to that Act:

(g)

land set apart as a Māori reservation under Part 17 of Te Ture Whenua Maori Act 1993:

Common marine and coastal area where rights recognised

(h)

any part of the common marine and coastal area in which customary marine title has, or protected customary rights have, been recognised under the Marine and Coastal Area (Takutai Moana) Act 2011:

Other significant land

(i)

land that forms part of a natural feature that has been declared under an Act to be a legal entity or person (including Te Urewera land within the meaning of section 7 of Te Urewera Act 2014):

(j)

the maunga listed in section 10 of Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014.

Land protected from use of certain powers without agreement

(3)

The following restrictions apply to the land described in subsection (4):

(a)

Kāinga Ora may not exercise the power under section 156 to construct new non-roading water-related infrastructure on, under, or over the land without the written consent of the owner of the land:

(b)

the Minister for Land Information may not acquire the land under section 253 except in accordance with section 17 of the Public Works Act 1981 (acquisition by agreement).

(4)

The land referred to in subsection (3) is—

(a)

Māori freehold land:

(b)

general land owned by Māori that was previously Māori freehold land, but ceased to have that status under—

(i)

an order of the Māori Land Court made on or after 1 July 1993; or

(ii)

Part 1 of the Maori Affairs Amendment Act 1967:

(c)

land held by a post-settlement governance entity if the land was acquired—

(i)

as redress for the settlement of historical Treaty of Waitangi claims; or

(ii)

by the exercise of rights under a Treaty settlement Act or Treaty settlement deed:

(d)

land held by or on behalf of an iwi or a hapū if the land was transferred from the Crown, a Crown body, or a local authority with the intention of returning the land to the holders of mana whenua over the land.

(5)

In this section,—

control means,

(a)

for a company, control of the composition of its board of directors; and

(b)

for any other body, control of the composition of the group that would be its board of directors if the body were a company

Crown body means—

(a)

a Crown entity, as defined in section 7(1) of the Crown Entities Act 2004; and

(b)

a State enterprise, as defined in section 2 of the State-Owned Enterprises Act 1986; and

(c)

the New Zealand Railways Corporation; and

(d)

a company or body that is wholly owned or controlled by 1 or more of the following:

(i)

the Crown:

(ii)

a Crown entity:

(iii)

a State enterprise:

(iv)

the New Zealand Railways Corporation; and

(e)

a subsidiary (as defined in section 5 of the Companies Act 1993) or related company of a company or body referred to in paragraph (d)

land held by a post-settlement governance entity includes land that is, in accordance with a Treaty settlement Act, held in the name of a person such as a tipuna of the claimant group (rather than the entity itself)

mana whenua has the same meaning as in section 2(1) of the Resource Management Act 1991

Māori customary land has the same meaning as in section 4 of Te Ture Whenua Maori Act 1993.

post-settlement governance entity includes

(a)

a hapū authority that is established by a post-settlement governance entity; and

(b)

an entity that is controlled by a post-settlement governance entity.

21 Former Māori land

(1)

This section applies to an urban development project if—

(a)

the project is on former Māori land; and

(b)

the land is intended to be transferred to someone other than the Crown, a local authority, or Kāinga Ora while the project is underway or after the project is completed.

(2)

Kāinga Ora may not initiate, facilitate, or undertake the urban development project unless—

(a)

Kāinga Ora makes reasonable efforts to engage with the engages with the persons who Kāinga Ora considers are likely to be the land’s former owners, and the hapū associated with the land, in order to understand—

(i)

their aspirations for the land; and

(ii)

how those aspirations may be taken into account in the way the land is developed; and

(b)

the land is has been offered back to its former owners in accordance with section 272. sections 40 and 41 of the Public Works Act 1981 (as modified by section 272).

(3)

The following persons must make the offer under subsection (2)(b) at the request of Kāinga Ora:

(a)

the chief executive under the Public Works Act 1981, if the land is owned by Kāinga Ora or the Crown:

(b)

the local authority, if the land is owned by a local authority.

22 RFR land

(1)

Kāinga Ora may not initiate, facilitate, or undertake an urban development project on RFR land unless Kāinga Ora

(a)

Kāinga Ora offers the RFR holder of the right of first refusal the opportunity to undertake the development on specified terms; and

(b)

the RFR holder agrees with Kāinga Oraobtains the agreement of the holder of that right to

(i)

to undertake the development being undertaken by the holder of that right (whether on the terms offered or on other terms); or

(ii)

to the development going ahead on other termsthe development being undertaken by Kāinga Ora or another person.

(1A)

An agreement under subsection (1)(b)(ii) may include any conditions agreed by the holder of the right of first refusal and Kāinga Ora.

(2)

If there is more than 1 RFR holder of the right of first refusal, subsection (1)(b) is not complied with unless all of the RFR holders of that right agree.

(3)

If there is an RSR a right of second refusal over the RFR land, subsections (1) and to (2) also apply in relation to the RSR holder of that right (as if it were the RFR holder of the right of first refusal) if the RFR holder of the right of first refusal

(a)

has agreed to the development going ahead without agreeing to undertake the development; and

(b)

has agreed to waive its RFR right of first refusal.

(4)

If the RFR land is also former Māori land, this section applies only if the land’s former owners do not accept the offer under section 21(2)(b).

(5)

To avoid doubt,—

(a)

an agreement under subsection (1) does not end or limit the RFR or RSR right of first refusal or the right of second refusal (unless the RFR holder or RSR holder holder of that right agrees otherwise); and

(b)

nothing in this section affects any authority that enables the Crown or any person other than Kāinga Ora to initiate, facilitate, or undertake a development on the RFR land in a manner that is consistent with the RFR right of first refusal.

23 Protected When protected land, former Māori land, and RFR land may be included in project area and development plan

(1)

Sections 20 to 22 do not prevent the land referred to in those sections from being included in a project area.

(a)

prevent the land referred to in those sections from being included in a project area; or

(b)

affect the ability to prepare a draft development plan for that project area.

(2)

However, the responsible Minister may not approve a draft development plan under section 86 unless the Minister is satisfied that

(a)

the plan is consistent with section 20; and

(b)

if the plan provides for the development of former Māori land, Kāinga Ora has complied with section 21; and

(c)

if the plan provides for the development of RFR land, Kāinga Ora has complied with section 22.

24 Land that may be needed for settlement of historical Treaty of Waitangi claims

The following provisions require the Minister for Treaty of Waitangi Negotiations to be consulted for the purpose of considering the Crown’s obligation to provide redress for any future settlements of historical Treaty of Waitangi claims:

(a)

section 75(4)(b) (which relates to the preconditions for notifying a draft development plan):

(b)

section 250(2)(a) (which relates to the acquisition of land by Kāinga Ora for a specified work):

(c)

section 261(6)(a) (which relates to the transfer to a developer of land acquired by Kāinga Ora for a specified work):

(d)

section 266A(2) (which relates to other disposals and the setting apart of land acquired by Kāinga Ora for a specified work).

(d)

section 267(3)(a) (which relates to the disposal of land on which certain specified works are completed):

(e)

section 268(4) (which relates to the disposal of land that is no longer required for a specified work):

(f)

section 270(3) (which relates to the disposal of land to a local authority for a public work).

Subpart 5—Miscellaneous

Engagement

24A Engagement requirements

(1)

This section applies to engagement that Kāinga Ora undertakes in accordance with a provision of this Act.

(2)

Engagement requires that Kāinga Ora do either or both of the following before deciding on a matter:

(a)

consult on a proposal:

(b)

seek input during the formulation of a proposal, or feedback on a proposal, on an iterative basis.

(3)

Input or feedback may be sought via hui or meetings, social media, or any other forums that Kāinga Ora thinks appropriate.

(4)

In undertaking an approach to engagement on a matter, Kāinga Ora

(a)

must consider the purpose of the engagement; and

(b)

must

(i)

consider the needs of the particular person or persons with whom Kāinga Ora is engaging; and

(ii)

allow adequate time for responses and for engagement to occur, taking into account, as relevant,

(A)

that persons with whom Kāinga Ora is engaging may have obligations under other legislation, trust deeds, and other governance documents; and

(B)

tikanga Māori; and

(c)

may consider the relevance and sufficiency of any earlier engagement.

General duties

25 Duty to co-operate

(1)

This section applies to—

(a)

Kāinga Ora; and

(b)

relevant local authorities; and

(c)

infrastructure operators within any project area or proposed project area.

(2)

It is the duty of each of the entities listed in subsection (1) to give reasonable assistance to each other to enable each to perform and exercise their respective functions, powers, rights, and duties under this Act in relation to specified development projects (and projects being assessed as potential specified development projects).

Compare: 2003 No 118 s 38AA(1)

26 Duty to avoid unreasonable delay

Every person who performs or exercises functions, powers, rights, or duties, or is required to do anything, under this Act for which no time limits are prescribed must do so as promptly as is reasonable in the circumstances.

Compare: 1991 No 69 s 21

Judicial review

27 Judicial review rights

(1)

Nothing in this Act limits or affects a right of judicial review that a person may have in respect of the matters to which this Act applies, except as provided in sections 108, 135, 136, and 138.

(2)

However, a person must not apply for judicial review of a decision on a development plan under subpart 2 of Part 2 and appeal to the High Court under section 88 in respect of the same decision unless the applications are made together.

(3)

If applications for judicial review and appeal are made together, the High Court must try to hear both proceedings together, unless the court considers it impracticable to do so in the circumstances.

Compare: 2010 No 37 s 159

Part 2 Specified development projects

Subpart 1—How specified development projects are established

General provisions

28 Key features of specified development projects

(1)

Every specified development project must have the following, recommended by Kāinga Ora and accepted by the joint Ministers in accordance with this subpart:

(a)

project objectives; and

(b)

a project area, defined by geographical boundaries; and

(c)

a project governance body.

(2)

The project governance body may be recommended and accepted by type of entity.

(3)

The area or areas of land within the project area do not need to be contiguous.

(4)

In this subpart, the project objectives, project area, and identity or type of project governance body for a specified development project (or a project being assessed as a potential specified development project) are referred to as the project’s key features.

29 Project objectives

(1)

The project objectives for a specified development project must set out the key outcomes and outputs that the project aims to deliver.

(2)

Project objectives—

(a)

may be specific about areas or features that the project must protect or exclude from urban development in connection with the project:

(b)

may provide for different weight to be given to them (as against other project objectives) when decisions are made under, or in accordance with, this Act.

30 Criteria for establishing specified development project

The criteria for accepting a recommendation of Kāinga Ora, in accordance with this subpart, that an urban development project be established as a specified development project are that the joint Ministers,

Specified development project mechanism

(a)

having regard to subpart 1 of Part 1, consider that it is appropriate for the project to be established as a specified development project with the key features recommended by Kāinga Ora; and

Project objectives

(b)

are satisfied that the project objectives are consistent with—

(i)

subpart 1 of Part 1; and

(ii)

existing national directions under the Resource Management Act 1991; and

Project area

(c)

are satisfied that the project area contains only land that is in an urban area or that the joint Ministers consider is generally suitable—

(i)

for urban use; or

(ii)

to protect or exclude from urban development in connection with the broader project; and

(d)

if the project area contains any of the following (a specified conservation-related area), are satisfied that the Minister of Conservation has approved the matters set out in section 37(2):

(i)

all or any part of a specified reserve:

(ii)

land that is subject to a conservation interest:

(iii)

any part of the coastal marine area; and

(e)

are satisfied that the boundaries of the project area are clearly defined and easily identifiable in practice; and

Project governance body

(f)

if the project governance body is an identified entity (other than Kāinga Ora), are satisfied that the entity has agreed to the appointment; and

Engagement

(g)

consider that, having regard to the project’s likely effects on communities, Māori, and other persons, the engagement undertaken on the project was appropriate; and

Territorial authority support or national interest

(h)

either—

(i)

are satisfied that there is overall support from the relevant territorial authorities for the project being established as a specified development project; or

(ii)

consider that the project is in the national interest.

Project selection

31 Kāinga Ora or joint Ministers select project

A potential urban development project, or an urban development project that is already being carried out, may be selected for assessment as a potential specified development project in 1 of 2 ways:

(a)

Kāinga Ora selects the project for assessment; or

(b)

the joint Ministers direct Kāinga Ora, in writing, to assess the project as a potential specified development project.

32 Status of ministerial direction

A direction for the purposes of section 31(b) is not—

(a)

a direction for the purposes of Part 3 of the Crown Entities Act 2004; or

(b)

a legislative instrument for the purposes of the Legislation Act 2012; or

(c)

a disallowable instrument for the purposes of the Legislation Act 2012.

Project assessment

33 Kāinga Ora assesses project

Kāinga Ora must assess a project selected in accordance with section 31 by—

(a)

identifying, at a high level, in general terms, constraints and opportunities that arise for the project from the matters listed in section 34(1); and

(b)

seeking to engage engaging as required by section 35; and

(c)

considering the identified constraints and opportunities, feedback from its engagement, and anything else that Kāinga Ora considers relevant, and refining (if necessary) the key features that it is considering for the project; and

(d)

publicly notifying the assessment of the project as required by section 38, and considering the feedback received; and

(e)

determining whether to recommend that the project be established as a specified development project and, if so, determining the key features to recommend to the joint Ministers for a decision under this subpart.

34 Kāinga Ora identifies constraints and opportunities

(1)

For the purposes of section 33(a), the matters are—

(a)

each of the following, to the extent that it is within or otherwise relevant to the project area that Kāinga Ora is considering (the proposed project area):

(i)

protected land:

(ii)

nationally significant infrastructure:

(iii)

land that is subject to a conservation interest:

(iv)

any part of the coastal marine area:

(v)

any defence area:

(vi)

any area or feature of land protected, or to which special rules apply, under a local Act (for example, the Waitakere Ranges heritage area under the Waitakere Ranges Heritage Area Act 2008); and

(b)

each of the following, to the extent that it is within the proposed project area:

(i)

any reserve, by location and purpose:

(ia)

any park or regional park, by location:

(ii)

land that is owned by the Crown:

(iii)

former Māori land:

(iv)

RFR land; and

(c)

Treaty settlement obligations and participation arrangements that apply to the proposed project area; and

(d)

the information that the relevant local authorities hold on the following:

(i)

natural hazards within or otherwise relevant to the proposed project area:

(ii)

contaminated land within the proposed project area; and

(e)

the archaeological and historical the Māori cultural, archaeological, and historic heritage values of land within the proposed project area; and

(f)

at a high level, the extent to which the project (including any infrastructure requirements identified), in general terms, aligns with any documents that are published by a relevant local authority and that set out its plans (whether alone or with other local authorities or entities) for urban growth; and

(g)

potential funding options for any infrastructure requirements identified.

(2)

Kāinga Ora must also identify—

(a)

the existing planning instruments and iwi planning documents that apply to the proposed project area; and

(b)

any publicly available reports on climate change matters, prepared in accordance with the Climate Change Response Act 2002 or New Zealand’s obligations under an international treaty, that are relevant to the proposed project area.

35 Kāinga Ora seeks engagement, etc, engages with Māori and key stakeholders

(1)

For the purposes of section 33(b), the engagement that must be sought is engagement with Māori and key stakeholders on matters relating to the project that affect, or are likely to affect, that person or in which that person has an interest.

(1)

This section sets out,

(a)

for the purposes of section 33(b), the engagement required by Kāinga Ora as part of the project assessment; and

(b)

the expressions of interest that Kāinga Ora must seek.

(1A)

The purpose of the engagement is

(a)

to enable Kāinga Ora to undertake an informed assessment of the project; and

(b)

to enable Māori interests to be identified; and

(c)

to seek the views of Māori and key stakeholders, and the recommendations described in subsection (4).

(2)

Māori with whom engagement must be sought are—

(a)

Māori entities with an interest in the proposed project area or in land adjoining the proposed project area; and

(b)

the former owners of, and the hapū associated with, any former Māori land within the proposed project area.

(3)

Key stakeholders with whom engagement must be sought are—

(a)

relevant local authorities; and

(b)

the chief executive of the Ministry responsible for the administration of this Act; and

(c)

Heritage New Zealand Pouhere Taonga; and

(d)

the New Zealand Police; and

(e)

Fire and Emergency New Zealand; and

(f)

the owners and requiring authorities of any land or airspace designated for defence purposes under the Resource Management Act 1991, and the operators of any other nationally significant infrastructure, that will be, or is likely to be, affected by the project is in or adjacent to the proposed project area; and

(g)

the operators of any other infrastructure that will be, or is likely to be, affected by the project; and

(g)

if Kāinga Ora identifies any other infrastructure as infrastructure that may be affected by the project, the relevant infrastructure operator; and

(h)

if any specified conservation-related area is in or adjacent to the proposed project area, the Minister of Conservation; and.

(i)

if all, or part of, a defence area is in or adjacent to the proposed project area, the Chief of Defence Force.

(4)

In engaging with Heritage New Zealand Pouhere Taonga, Kāinga Ora must seek recommendations on the protection or enhancement of historic heritage values within the proposed project area.

(5)

Kāinga Ora must also seek, from Māori entities, expressions of interest in developing, as part of the project, any land within the proposed project area (other than protected land described in section 20(2)) in which they have an interest (see the definition of interest in section 9).

(6)

In seeking engagement with Māori and key stakeholders, and those expressions of interest from Māori entities, Kāinga Ora must allow adequate time for responses and for that engagement to occur, taking into account, as relevant,

(a)

that Māori and key stakeholders have obligations under other legislation, trust deeds, and other governance documents; and

(b)

tikanga Māori.

(7)

This section is subject to section 36.

36 Early engagement may satisfy obligation to engage

(1)

Kāinga Ora may treat early engagement with a person on matters that are relevant to a project that Kāinga Ora is assessing under this subpart as satisfying the obligations of Kāinga Ora, under sections 33(b) and 35, to seek to engage with that person on those matters.

(2)

In this section, early engagement means engagement

(a)

between Kāinga Ora and a person on matters that affect, or are likely to affect a person, if an urban development project proceeds as a specified development project; and

(b)

that was undertaken

(i)

before a project is selected to be assessed as a potential specified development project; or

(ii)

as part of an earlier assessment of a project under this subpart.

37 Project areas that include specified conservation-related area

(1)

This section applies if the proposed project area for a project includes any specified conservation-related area.

(2)

The Minister of Conservation must approve—

(a)

the specified conservation-related area being included within the proposed project area; and

(b)

the proposed project objectives, to the extent that they relate to or affect the specified conservation-related area.

(3)

On receipt of written request for approval from Kāinga Ora, the Minister of Conservation—

(a)

must consider the proposed project area and the proposed project objectives; and

(b)

may require changes to the proposed project area, or to how the proposed project objectives relate to or affect the specified conservation-related area, as a condition of giving approval; but

(c)

must make their a decision on giving approval, and give written notice of their the decision to Kāinga Ora, not later than 20 working days after receipt of the written request.

(4)

In making their a decision under subsection (3), the Minister of Conservation must have regard to the purposes for which the specified conservation-related area is presently held.

(a)

the purposes for which the specified conservation-related area is presently held; and

(b)

the matters in subpart 1 of Part 1.

(5)

Kāinga Ora must not give the public notice referred to in section 38 before obtaining the Minister of Conservation’s approval under this section.

38 Kāinga Ora gives public notice of proposed key features and invites feedback

(1)

The public notice required by section 33(d) as part of a project assessment must include the following statements:

(a)

a statement of the key features that Kāinga Ora is considering for the project; and

(b)

a statement that the project is being assessed as a potential specified development project under this Act; and

(c)

a statement of the reasons why the project is being assessed.

(2)

If the proposed project area includes any specified conservation-related area, the public notice must identify that area by type and location.

(3)

The public notice must—

(a)

invite the public to give feedback on the proposed key features and the other matters stated in the notice; and

(b)

state the date by which feedback must be received, which must be at least 20 working days after the date on which public notice is given.

(4)

Kāinga Ora may accept any late feedback.

39 Changes to proposed key features

(1)

This section applies if, during a project assessment, Kāinga Ora makes a change to the key features that it is considering for a project.

(2)

However, this section does not apply if Kāinga Ora is satisfied that any change (the new content) is technical or of minor effect.

(3)

Before Kāinga Ora completes its assessment of the project, it must—

(a)

consider which, if any, part of the process described in sections 33 to 38 needs repeating given the new content; and

(b)

repeat that part in relation to—

(i)

the new content; and

(ii)

anything else that Kāinga Ora considers relevant to understanding the new content in the context of the broader project.

Project assessment report

40 Kāinga Ora prepares project assessment report

(1)

After completing a project assessment, or earlier (in any case where section 42 applies), Kāinga Ora must—

(a)

prepare a project assessment report for the project; and

(b)

comply with section 43 (which relates to seeking territorial authority support) unless this subpart does not require it; and

(c)

give that report, once finalised, to the joint Ministers.

(2)

The report must be in writing.

41 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 38; and

(ii)

a summary of feedback received on the public notice; and

(iii)

a summary of engagement undertaken with Māori and key stakeholders in accordance with section 35, and of feedback received; and

(iiia)

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

(iv)

a summary of expressions of interest received in accordance with section 35(5); and

(v)

whether Kāinga Ora has relied on any early 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) (as defined in section 36(2)) and, if so, a summary of that engagement (including when it was undertaken); and

(vi)

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

(vii)

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

(viii)

constraints and opportunities identified in accordance with section 33(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 the matters in section 37(2); 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 44.

(3)

The report may include anything else that Kāinga Ora considers relevant.

42 Contents of report: recommendation not to establish

(1)

This section applies if, during or on completion of an assessment,—

(a)

Kāinga Ora decides to recommend that a project not be established as a specified development project; and

(b)

either or both of the following apply:

(i)

the project has been publicly notified as a potential specified development project:

(ii)

the joint Ministers selected the project, and their direction has not been withdrawn.

(2)

Kāinga Ora must still give the joint Ministers a report for the project that, broadly, describes and assesses the project, but—

(a)

the report does not have to include all of the things in section 41(2); and

(b)

Kāinga Ora does not have to comply with section 43.

(3)

Kāinga Ora must set out in the report the reasons why Kāinga Ora decided to recommend that the project not be established as a specified development project.

43 Territorial authorities invited to indicate support

(1)

When a project assessment report is sufficiently advanced, Kāinga Ora must—

(a)

give a copy of it, in draft, to each relevant territorial authority; and

(b)

invite the relevant territorial authorities to indicate, in writing, whether they support—

(i)

the recommendation that the project be established as a specified development project; and

(ii)

the key features recommended in the draft report; and

(c)

invite the relevant territorial authorities to—

(i)

state any conditions associated with their support; and

(ii)

give reasons for any recommendation (including any key feature) that they do not support, and state any changes that would enable them to support that recommendation.

(2)

An invitation by Kāinga Ora must—

(a)

be in writing; and

(b)

give the relevant territorial authority at least 10 20 working days to respond.

44 Territorial authorities must respond to invitation

(1)

This section applies to every relevant territorial authority that receives an invitation and a draft project assessment report under section 43.

(2)

The relevant territorial authority must respond to Kāinga Ora as follows:

(a)

stating whether it supports—

(i)

the recommendation that the project be established as a specified development project; and

(ii)

the key features recommended in the draft report; and

(b)

stating any conditions associated with its support (if relevant); and

(c)

if it does not support any recommendation (including any key feature), stating the reasons why and any changes that would enable it to support that recommendation.

(3)

Every response must be—

(a)

in writing; and

(b)

given to Kāinga Ora by the date or within the time frame for response set out in the invitation.

45 Territorial authority not required to consult before responding

(1)

A territorial authority is not required to consult anyone before responding to Kāinga Ora in accordance with section 44.

(2)

This section applies despite anything to the contrary in the Local Government Act 2002.

Joint Ministers’ decision

46 Joint Ministers make decision on report

(1)

This section applies whenever the joint Ministers receive a project assessment report from Kāinga Ora.

(2)

If the report recommends that the project be established as a specified development project, the joint Ministers must decide to do 1 of the following: either

(a)

accept the recommendation in accordance with section 47:; or

(b)

refer the report back to Kāinga Ora for further consideration:; or

(c)

reject the recommendation.

(3)

If the report recommends that the project not be established as a specified development project, the joint Ministers must decide to either—

(a)

accept the recommendation; or

(b)

refer the report back to Kāinga Ora for further consideration.

(4)

The joint Ministers must give written notice to Kāinga Ora of their decision under this section.

(5)

If the joint Ministers refer the report back to Kāinga Ora,—

(a)

their notice to Kāinga Ora must state—

(i)

that the report is being referred back to Kāinga Ora for further consideration; and

(ii)

the joint Ministers’ reasons for referring back the report; and

(b)

they may refer the report back with or without—

(i)

any recommended changes to the key features that Kāinga Ora recommended in the report:

(ii)

a recommendation to engage further on the project.

47 Decision to establish specified development project

(1)

The joint Ministers may only accept a recommendation in a project assessment report to establish a project as a specified development project if the criteria in section 30 are met.

(2)

However, the joint Ministers have no obligation to accept the recommendation, even if the joint Ministers are satisfied that all criteria are met.

(3)

In considering whether to accept the recommendation, the joint Ministers may alter a key feature recommended by Kāinga Ora in the report, but only to the extent that the joint Ministers are satisfied that the alteration is of minor effect or corrects a minor error.

(4)

If the joint Ministers accept the recommendation, the joint Ministers must recommend the making of an establishment order under section 50 in respect of the project.

48 Decision to refer back report

(1)

If the joint Ministers refer a project assessment report back to Kāinga Ora for further consideration, Kāinga Ora must—

(a)

review the report and all relevant information (including any recommendations from the joint Ministers); and

(b)

provide a revised assessment report for the project to the joint Ministers for a decision under section 46.

(2)

Subsection (3) applies to a review by Kāinga Ora in circumstances where Kāinga Ora is considering—

(a)

changing its recommendation on whether to establish a project as a specified development project; or

(b)

any changes to the key features recommended by Kāinga Ora, other than changes that Kāinga Ora is satisfied are technical or of minor effect.

(3)

In those circumstances,—

(a)

the process in this subpart, as relevant, applies to a review by, and revised report of, Kāinga Ora; and

(b)

despite section 42(2)(b) (if it applies), if the relevant territorial authorities were given the earlier report, Kāinga Ora must comply with section 43 in relation to the revised report.

49 Decision not to establish project as specified development project

(1)

This section applies if the joint Ministers decide to—

(a)

accept a recommendation that a project not be established as a specified development project; or

(b)

reject a recommendation that a project be established as a specified development project.

(2)

If the project was publicly notified as a potential specified development project, Kāinga Ora must publicly notify the joint Ministers’ decision as soon as practicable after Kāinga Ora receives that decision.

(3)

If the project was not publicly notified as a potential specified development project, Kāinga Ora must, as soon as practicable after receiving the joint Ministers’ decision, notify that decision to—

(a)

Māori who were engaged with as part of the project assessment; and

(b)

the key stakeholders.

Project established as specified development project

50 Orders in Council establishing specified development projects

(1)

The Governor-General may, by Order in Council made on the recommendation of the joint Ministers in accordance with subsection 47(4), declare that a specified development project is established.

(2)

The order must set out the key features of the specified development project.

(2A)

The order may specify a period for the purposes of clause 5 of Schedule 2 (which relates to disestablishment by expiry of time limit).

(3)

For the purpose of setting out the boundaries of the project area, the order may incorporate by reference a map, plan, or similar document prepared or issued by any person or body.

(4)

Sections 52 to 55 of the Legislation Act 2012 apply in relation to material incorporated by reference under subsection (3) as if it were incorporated under section 49 of that Act.

51 Effect of establishment order
Overview

(1)

Broadly, the effect of an establishment order is that—

(a)

subpart 2 (which relates to preparation and approval of a development plan) applies in relation to the project:

(b)

for a transitional period (see section 97(2)), the following become subject to the powers and process changes set out in subpart 1 of Part 3:

(i)

plan changes applying in the project area:

(ii)

new resource consent applications in the project area:

(iii)

changes or cancellations of conditions of existing resource consents in the project area:

(c)

a consent authority may transfer its consenting functions in the project area to Kāinga Ora as if Kāinga Ora were a public authority under section 33 of the Resource Management Act 1991:

(d)

various other powers, rights, and duties under this Act apply to Kāinga Ora, for example,—

(i)

duties relating to assistance, information, and advice (see sections 109 and 110):

(ii)

powers to obtain information, and enter land, for purposes related to preparing the development plan (see sections 111 and section 274(1)(b)):

(iii)

rights to be consulted on certain bylaw changes proposed by bylaw-making authorities (see section 184).

(2)

See also section 89 (which relates to the effect of the project’s development plan becoming operative).

Appointment of identified project governance body

(3)

If an establishment order identifies an entity as the project governance body for a project, that entity is appointed as the project governance body for the project on the commencement of the establishment order.

52 Kāinga Ora must notify relevant local authorities of establishment order

Kāinga Ora must notify the relevant local authorities as soon as practicable after an establishment order is made.

53 Kāinga Ora must publish details of specified development projects on Internet site

(1)

Kāinga Ora must publish on its Internet site—

(a)

a list of specified development projects; and

(b)

links to establishment orders; and

(c)

any maps, plans, or similar documents incorporated by reference in any establishment order for the purpose of setting out the boundaries of a project area.

(2)

See also section 287 (relating to appointments of project governance bodies).

Hearings commissioners

54 Appointment of hearings commissioners

(1)

Kāinga Ora may appoint 1 or more hearings commissioners—

(a)

to exercise a delegated power under this Act; and

(b)

to hear resource consent applications, objections, and other matters as provided for in this Act.

(2)

In appointing a hearings commissioner, Kāinga Ora must

(a)

comply with section 39B(2) of the Resource Management Act 1991 as if it were a local authority; and

(b)

establish a process for managing any conflicts of interest of a hearings commissioner in relation to a particular matter.

(2)

Kāinga Ora may only appoint a person as a hearings commissioner if the person is accredited (within the meaning of section 2(1) of the Resource Management Act 1991).

(3)

Kāinga Ora must establish processes for managing any conflicts of interest of hearings commissioners in relation to particular matters.

(4)

Persons who are members of any iwi or hapū or other group of Māori with an interest in the project area or in land adjoining the project area are not, by virtue only of that fact, disqualified from appointment as hearings commissioners.

Compare: 1991 No 69 s 39B

Amendments, transfer, and disestablishment

55 Amendments to key features of specified development projects

(1)

Kāinga Ora may, in accordance with this section, recommend an amendment to a key feature of a specified development project set out in the project’s establishment order.

(2)

Kāinga Ora must follow the process set out in this subpart for establishing a project, with the necessary modifications, including that the contents required for the project assessment report are limited to matters associated with the recommended amendment.

(3)

The joint Ministers may accept the recommendation in the report if, and only if,—

(a)

the joint Ministers consider that, having regard to the amendment’s likely effects in the context of the project, the engagement undertaken on the amendment was appropriate; and

(i)

consider that, having regard to the amendment’s likely effects in the context of the project, the engagement undertaken on the amendment was appropriate; and

(ii)

are satisfied that Kāinga Ora has undertaken engagement on the amendment in accordance with section 35; and

(b)

the joint Ministers—

(i)

are satisfied that there is overall support from the relevant territorial authorities for the amendment; or

(ii)

consider that the project is in the national interest; and

(c)

the joint Ministers are satisfied that, if the amendment—

(i)

is to the project objectives, the criterion in section 30(b) is met:

(ii)

is to the project area, the criteria in section 30(c) and (e) and, if relevant, (d) are met:

(iii)

identifies a new entity as the project governance body, the criterion in section 30(f) is met.

(4)

Section 47(2) and (3) applies in respect of the joint Ministers’ decision under this section.

(5)

The joint Ministers must recommend the making of an Order in Council under section 56 in respect of an amendment recommended and accepted in accordance with this section.

56 Orders in Council amending establishment orders

(1)

The Governor-General may, by Order in Council made on the recommendation of the joint Ministers in accordance with section 55(5), amend an establishment order.

(2)

Section 52 applies to the amendment order as if it were an establishment order.

57 Transfer and disestablishment

Kāinga Ora may transfer certain assets related to a specified development project or disestablish a specified development project in accordance with the provisions set out in Schedule 2.

Schedule 2 provides for Kāinga Ora

(a)

to transfer any assets of a specified development project; or

(b)

to disestablish a specified development project.

Subpart 2—Preparation of development plans

58 Application of this subpart

(1)

This subpart provides for the process for preparing and approving a development plan for a specified development project.

(2)

This subpart applies—

(a)

after an establishment order is made under section 50 that establishes a specified development project; and

(b)

if it is proposed to prepare, approve, vary, or change a development plan.

58A Development plan required for every specified development project

(1)

After the establishment of a specified development project, Kāinga Ora must prepare a development plan for the project in accordance with this subpart.

(2)

Until a development plan becomes operative for a specified development project under section 86, the transitional arrangements set out in subpart 1 of Part 3 apply.

(3)

A development plan must

(a)

enable the project objectives to be achieved; and

(b)

provide for any Treaty settlement obligations applying in the project area.

(4)

As part of the preparation of a development plan, Kāinga Ora must also prepare any applicable supporting documents in accordance with this subpart.

59 Functions of Kāinga Ora in preparing, amending, or reviewing development plan

Kāinga Ora has the following functions for the purpose of preparing, amending, or reviewing a development plan for a specified development project:

(a)

establishing, implementing, and reviewing the objectives of any planning instrument, and the policies, rules, and methods relevant to resource management, to achieve the project objectives:

(b)

controlling the actual or potential effects of the use, development, and protection of land—

(i)

to achieve the project objectives:

(ii)

to ensure, as far as is reasonably practicable, that, as a contribution to district and regional capacity, there is sufficient land for residential and business development to meet the expected demand in the project area:

(iii)

to avoid or mitigate risks from natural hazards:

(iv)

to develop (or provide for the development of) infrastructure and its integration with land use.

(c)

ensuring that there are rules—

(i)

to control the emission, of noise and mitigating mitigate the effects, of noise:

(ii)

about any actual or potential effects of activities in relation to the surface of water in rivers and lakes:

(iii)

to control subdivision.

60 Relevance of certain national instruments

A development plan must not be inconsistent with—

(a)

the following instruments made under the Resource Management Act 1991:

(i)

national policy statements:

(ii)

a New Zealand Coastal Policy Statement:

(iii)

national environmental standards and other regulations (other than a national environmental standard):

(iv)

the all applicable provisions of national planning standards approved under section 58E of the Resource Management Act 1991, including as they relate to—

(A)

the matters of structure, format, definitions, and of metrics; and the requirements for electronic functionality and accessibility:

(AA)

the requirements for electronic functionality and accessibility; and

(B)

regional and district spatial layers standards (see National Planning Standard clauses 11 and 12); or

(b)

any national land transport policy.

61 Development plan required for every specified development project

(1)

After the establishment date of a specified development project, Kāinga Ora must prepare a development plan for the project in accordance with this subpart.

(2)

Until a draft development plan becomes operative for a specified development project, the transitional arrangements set out in subpart 1 of Part 3 apply.

(3)

A development plan must

(a)

enable the project objectives to be achieved; and

(b)

make provision for any Treaty settlement obligations applying in the project area.

(4)

As part of the preparation of a draft development plan, Kāinga Ora must also prepare any applicable supporting documents in accordance with this subpart.

61 In preparing development plan, Kāinga Ora to be sufficiently informed

(1)

When preparing a draft development plan, Kāinga Ora must take the steps that it considers necessary to enable Kāinga Ora

(a)

to be sufficiently informed on the matters relevant to achieving the project objectives; and

(b)

to proceed to develop a plan suitable to be publicly notified under section 76.

(2)

Kāinga Ora must undertake the requirements described in subsection (1) by engaging with Māori and the key stakeholders who were identified in the course of the project assessment process (see section 35).

Contents of Requirements for development plan

62 Contents of draft development plan

(1)

A draft development plan must include the matters set out in this section and in sections 63 to 66.

Structure plan

(1A)

The purpose of a structure plan is to describe in general terms the development proposals for a specified development project.

(2)

A structure plan must be included that sets set out—

(a)

the proposed land use and the indicative development densities proposed for the specified development project; and

(aa)

the location of nationally significant infrastructure in or adjacent to the project area; and

(ab)

the location of existing infrastructure for the three waters services; and

(b)

what infrastructure will be needed and, broadly, where it will be located; and

(ba)

the general location and a description of new infrastructure proposed for the special development project, if it is to be connected with, or integrated into, any existing infrastructure, whether within or outside the project area; and

(c)

what community facilities will be required, and, broadly, where they will be located; and

(d)

any land within the project area proposed to be set apart as a reserve or created as a park or regional park; and

(e)

any likely staging of the project, including any requirements as to the progress or completion of a stage.

Conditions

(3)

A draft development plan must include the following, if applicable or relevant to the project area:

(a)

conditions, if any, imposed by the Minister of Conservation on—

(i)

the use of any part of a specified reserve or coastal marine area:

(ii)

the acquisition of land subject to a conservation interest:

(iii)

the use of any part of other land in the project area that is integral to the conditions stipulated in subparagraphs (i) and (ii); and

(b)

if Kāinga Ora adopts any participation arrangement, or provides redress, other measure provided by or under any iwi participation legislation to protect the interests of an iwi, hapū, or other group of Māori, a description of the arrangement or redress or other measure.

Modification of planning instruments

(4)

A draft development plan must set out the following:

(a)

any modifications to be made to objectives, policies, methods, and rules in planning instruments to enable the project objectives to be achieved; and

(b)

if any iwi participation legislation requires a local authority to include a statement of every resource management issue of significance to a Māori entity within the district or region, that statement must be included; and

(c)

the rules for public notification of a controlled or restricted discretionary activity, unless the evaluation report justifies not doing so; and

(d)

any designations that apply, wholly or in part, in the project area.

63 Further contents of development plan: infrastructure

(1)

The draft development plan must state—

(a)

whether Kāinga Ora has, or does not have, the roading powers in relation to the specified development project; and

(b)

if Kāinga Ora does have the roading powers in relation to the specified development project, the date (or a process for determining the date) on and from which Kāinga Ora has the roading powers; and

(c)

if Kāinga Ora seeks the consent of land owners and occupiers to the construction of non-roading water-related infrastructure on their land, the location, nature, and extent of work required to construct the non-roading water-related infrastructure on that land.

(2)

The section on infrastructure—

(a)

may propose 1 or more bylaw changes that Kāinga Ora requires to be made (see section 181); and

(b)

if it does propose 1 or more bylaw changes, must, for each proposed bylaw change, set out the matters in section 174(2)(a) to (f).

(3)

Sections 172 and 173 apply to a bylaw change proposed in a draft development plan (with the necessary modifications).

(4)

Kāinga Ora may not propose, as part of an amendment to a plan, any bylaw change that is substantially the same as one that Kāinga Ora requested in relation to the specified development project but was refused under section 177(1)(b).

64 Further contents of development plan: funding
Sources of funding

(1)

If the sources of funding include a development contribution, the proposed development contribution policy for the project must be included in the draft the development plan must include a development contributions policy prepared in accordance with sections 106 and 201 to 202A of the Local Government Act 2002.

(2)

If a targeted rate is to be a source of funding, the draft development plan must include the following matters, except that the Local Government Act 2002 applies as if Kāinga Ora were a local authority and with all other necessary modifications:

(a)

for each rate, the matters set out in section 65; and

(b)

a rates remission policy and rates postponement policy prepared in accordance with sections 109 and 110 of the Local Government Act 2002; and

(c)

if the project area includes Māori freehold land, a policy on the remission and postponement of rates on Māori freehold land prepared in accordance with section 108 of the Local Government Act 2002.

(3)

If the sources of funding include—

(a)

a targeted rate or development contributions, the draft development plan must identify the maximum amount of funding that will be derived from that source and applied to fund roading or non-roading infrastructure (expressed as a percentage of the total cost of that work for the project); and:

(b)

infrastructure and service charges or administrative charges, the draft development plan must prescribe the charges in a schedule.

(i)

prescribe the charges in a schedule; and

(ii)

provide for a regular review of the charges.

(3A)

For the purposes of subsections (1) and (2), the Local Government Act 2002 applies, with all necessary modifications, as if Kāinga Ora were a local authority.

Administrative charges

(4)

If the sources of funding include administrative charges, the draft development plan must, in a schedule,

(a)

prescribe charges of a kind specified in section 242; and

(b)

provide for a regular review of the charges.

65 Further contents of development plan: targeted rates

(1)

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

Key matters

(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

(aa)

the financial years for which the rate may be set; and

(b)

the maximum amount of revenue that may be recovered from that rate in each financial year in which Kāinga Ora intends to set rates or how that amount must be calculated; and

(c)

the factor or factors that must be used to calculate the rate; and

Whether rate may apply to all or only some land

(d)

whether the rate may apply to all land within a project area or to only some of the land; and

(e)

if the rate may apply to only some of the land, the category or categories of land to which the rate may apply; and

Whether rate may be set differentially

(f)

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

(g)

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.

Factors for calculating rates

(2)

A factor specified under subsection (1)(c) 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.

Categories of land

(4)

For the purposes of subsection (1)(e) to (g), 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.

66 Provisions that modify planning instruments

(1)

A development plan may incorporate material by reference, applying the provisions of Part 3 of Schedule 1 of the Resource Management Act 1991 with all necessary modifications, as if—

(a)

a reference to a plan or proposed plan included a development plan:

(b)

a reference to a local authority were a reference to Kāinga Ora:

(c)

a reference to the Minister were a reference to the responsible Minister under this Act.

(2)

Any objectives, policies, methods, or rules of a development plan that override, add to, or suspend any provisions of a regional policy statement or a plan made under the Resource Management Act 1991 must—

(a)

not go beyond the scope provided for plans or regional policy statements prepared under the Resource Management Act 1991; and

(b)

provide for classes of activities to be specified that are consistent with those set out in section 87A of the Resource Management Act 1991; and

(c)

be clearly identified in the development plan; and

(d)

if relevant, enable the provision of all necessary infrastructure for a specified development project, both within and outside the project area.

(3)

In order to enable the project objectives to be achieved, a development plan may include rules that, in order to give effect to the project objectives,

(a)

apply across the whole of a project area or a part of the project area:

(b)

apply differently to different parts of a project area:

(c)

apply different effects or classes of effects arising from an activity:

(d)

apply all of the time or for stated periods or seasons:

(e)

are specific or general in their application:

(f)

manage activities that are not anticipated by the draft development plan.

(4)

A development plan may include rules that

(a)

apply to the whole of a project area or a part of a project area:

(b)

apply differently to different parts of a project area:

(c)

apply to different effects or classes of effects arising from an activity:

(d)

apply all of the time or for stated periods or seasons:

(e)

may be specific or general in their application:

(f)

manage activities that are not anticipated by the development plan.

Inclusion of designations in draft development plan

67 Existing designations for nationally significant infrastructure and defence areas

(1)

If an existing designation within a project area is for nationally significant infrastructure or a defence area, Kāinga Ora must—

(a)

notify the requiring authority in writing that the designation is to be included in the draft development plan for the relevant area unless the requiring authority specifies otherwise in writing; and

(b)

include the designation without change in the draft development plan without modifying it unless the requiring authority specifies otherwise or withdraws the designation.

(2)

Kāinga Ora must specify a date (which must be at least 30 working days later than the date of the notice) by which the requiring authority must respond to Kāinga Ora if the requiring authority does not wish the designation to be included without alterations modification.

(2A)

If a requiring authority advises that a designation is to be included in the draft development plan with modifications, the requiring authority must include in its written notice the nature of the modifications and the reasons for them.

(3)

Neither Kāinga Ora nor an IHP may alter remove or modify a designation, or remove it from a development plan, without the written consent of the requiring authority that is included without modification in a draft development plan.

68 Existing designations that are not for nationally significant infrastructure that is not nationally significant or defence area

(1)

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

(2)

Before Kāinga Ora publicly notifies a draft development plan under section 76, it must give notice to any requiring authority with a current designation, advising—

(a)

whether Kāinga Ora intends to include the designation, with or without change 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 changes, modifications in the draft development plan, identifying the proposed changed modifications and reasons for those changes them; and

(c)

if the designation is not to be included in the draft development plan, giving 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 change modification that the requiring authority may identify.

(4)

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

(5)

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.

(6)

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)

decline to include exclude the designation in from the draft development plan; or,

(c)

include the designation with alterations; or modification.

(d)

replace the designation with one that achieves the purpose of the designation.

(7)

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

(8)

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

(9)

A requiring authority whose designation is replaced, altered modified, or declined by Kāinga Ora under this section may make a submission under section 77

(a)

seeking an alteration to 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.

(10)

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 86.

(10A)

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 apply if Kāinga Ora publicly notifies a change to the development plan.

(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 77.

68A New designations may be included before notification of draft development plan

(1)

Before notifying a draft development plan under section 76, Kāinga Ora may include in the plan a requirement for a designation for which Kāinga Ora has responsibility, whether within or outside the project area.

(2)

Kāinga Ora must make available for public inspection all information about a requirement set out in a draft development plan under this section, including who the designation is to be transferred to.

Preparation of development plan

69 Relevant considerations Documents and other matters relevant to preparation of development plan

(1)

In preparing a development plan, Kāinga Ora must have regard to each of the following documents, to the extent that they are relevant to the specified development project to which the plan relates:

(a)

regional policy statements, regional plans, and district plans made under the Resource Management Act 1991:

(b)

regional land transport plans made under the Local Government Act 2002 and regional public transport plans made under the Land Transport Management Act 2003:

(c)

the long-term plans of relevant local authorities made under the Local Government Act 2002:

(d)

the key urban design qualities set out in the Ministry for the Environment’s New Zealand Urban Design Protocol (2005) and any subsequent editions or replacements of that document:

(e)

any relevant planning document recognised by an iwi authority and lodged with the territorial authority, to the extent that it has a bearing on the resource management issues within the project area:

(f)

any emissions reduction plan or national adaptation plan applying in a project area, in accordance with sections 5ZI and 5ZS of the Climate Change Response Act 2002.

(1)

In preparing a development plan, Kāinga Ora

(a)

may have regard to any matter it considers relevant to the specified development project; but

(b)

must have regard to each of the following documents, to the extent that they are relevant to the specified development project to which the plan relates:

(i)

regional policy statements, regional plans, and district plans made under the Resource Management Act 1991:

(ii)

regional land transport plans and regional public transport plans made under the Land Transport Management Act 2003, and in the case of Auckland, made under the Local Government (Auckland Council) Act 2009:

(iii)

the long-term plans of relevant local authorities made under the Local Government Act 2002, and in the case of Auckland, made under the Local Government (Auckland Council) Act 2009:

(iv)

any spatial plans prepared under the Local Government (Auckland Council) Act 2009:

(v)

the key urban design qualities set out in the Ministry for the Environment’s New Zealand Urban Design Protocol (2005) and any subsequent editions or replacements of that document:

(vi)

any relevant planning document recognised by an iwi authority or hapū and lodged with any relevant local authority, to the extent that it has a bearing on the resource management issues within the project area:

(vii)

any emissions reduction plan or national adaptation plan applying in a project area, in accordance with the Climate Change Response Act 2002.

(1A)

In addition, Kāinga Ora must, in relation to a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011,

(a)

recognise and provide for the matters in that document, to the extent that they relate to a customary marine title area within the project area; and

(b)

take into account the matters in that document, to the extent that they relate to a part of the common marine and coastal area within the project area but outside the customary marine title area of the relevant group.

(2)

Kāinga Ora must also take into account the matters set out in section 101(3)(a) and (b) of the Local Government Act 2002 if it is considering including, as a funding source,—

(a)

a development contribution:

(b)

a targeted rate:

(c)

an administrative charge.

70 Consultation

(1)

When preparing a draft development plan, Kāinga Ora must consult

(a)

owners and occupiers of land within the project area; and

(b)

Māori and key stakeholders referred to in section 35(2) and (3); and

(c)

representatives of any organisation that administers a reserve in the project area, or that administered it, before its transfer to Kāinga Ora for the specified development project; and

(d)

any persons appointed under iwi participation legislation to be members of a standing committee of a local authority that has jurisdiction over the whole or part of a project area; and

(e)

any Minister of the Crown who is affected by the specified development project.

(2)

Kāinga Ora must have particular regard to any recommendations or comment given by the persons appointed as members of a standing committee (see subsection (1)(d).

(3)

Kāinga Ora may, at its discretion, consult any person, group, or community representative with an interest during the preparation of a draft development plan.

Documents to support contents of development plan

71 Supporting documents

(1)

The following supporting documents, if applicable, must be notified under section 76 at the same time, and in the same manner, as the draft development plan:

(a)

an evaluation report prepared under sections 72 and 73; and

(b)

an infrastructure statement (see section 74).

(2)

The supporting documents are not subject to the public submission or IHP processes under this subpart.

72 Evaluation report: general matters

(1)

Kāinga Ora must prepare an evaluation report on the provisions of the draft development plan, with particular attention to any proposal that would change the planning instruments otherwise applying in the project area.

(1A)

An evaluation report prepared under this section must be notified under section 76 at the same time, and in the same manner, as the draft development plan is notified.

(1B)

The evaluation report is not subject to the public submission or IHP processes provided for under this subpart.

(2)

The report must—

(a)

examine whether the proposals in the draft development plan are the most appropriate way to achieve the project objectives, having regard to subpart 1 of Part 1, by—

(i)

identifying other reasonably practicable options for achieving the project objectives; and

(ii)

assessing the efficiency and effectiveness of the provisions in the draft development plan in achieving the project objectives; and

(iii)

providing the reasons for preferring those provisions over the other options examined; and

(b)

identify and assess the benefits and costs of the environmental, economic, social, and cultural effects that are anticipated from implementing the provisions of the draft development plan, including the economic growth or reduction of growth that is anticipated from implementation of the development plan; and

(c)

assess the risk of acting or not acting if the information on the relevant matters is insufficient or uncertain; and

(d)

identify how the draft development plan or a proposed amendment to a development plan, as the case may be, is consistent with a relevant national environmental standard; and

(i)

is consistent with a relevant national environmental standard; and

(ii)

takes into account any applicable iwi participation arrangements; and

(e)

summarise the responses received from key stakeholders (see section 35(3)); and

(f)

summarise the recommendations and comments received on the draft development plan from Māori entities and the response, including any provisions that give effect to the recommendations or comments received; and

(g)

in relation to land within the project area, information on—

(i)

how Kāinga Ora intends to use any RFR land or land that is subject to other relevant redress under a Treaty settlement Act; and

(ii)

how undertakings or agreements between the Crown and a Māori entity for the future ownership, use, or management of the identified land are being upheld; and

(iii)

Māori interests in the project area and how these will be protected; and

(iv)

whether the development plan is consistent with the iwi planning documents applying in the relevant project area.

(3)

If practicable, the benefits and costs referred to in subsection (2)(b) should be quantified.

(4)

The detail provided in an evaluation report must correspond to the scale and significance of the environmental, economic, social, and cultural effects that are anticipated from implementing the provisions of the draft development plan.

73 Evaluation report: environmental matters

(1)

An In addition to the matters required under section 72, an evaluation report must also include the following matters:

(a)

how environmental constraints and opportunities associated with a specified development project will be managed; and

(b)

if relevant, a statement as to how the following matters have been provided for in the draft development plan:

(i)

the Māori cultural, archaeological, and historic heritage values identified in an archaeological and heritage assessment undertaken under in accordance with section 34(1)(e) as part of the project assessment under subpart 1:

(ii)

the recommendations of Heritage New Zealand Pouhere Taonga on the received as part of that assessment; and

(c)

a broad assessment of the likely effects on the environment of the matters reported on in paragraphs (a) and (b) and any recommendations of Heritage New Zealand Pouhere Taonga.; and

(d)

how Kāinga Ora has had regard to

(i)

any advice it has received from an entity responsible for the management of a natural resource within the project area; and

(ii)

any emissions reduction plan or national adaptation plan (as provided for in Parts 1B and 1C of the Climate Change Response Act 2002 that applies within the project area).

(2)

Section 72(3) and (4) applies in relation to the matters that must be included in an evaluation report under this section.

74 Evaluation report: infrastructure Infrastructure statement

As part of its evaluation report, Kāinga Ora must prepare an infrastructure statement that—

(a)

describes the infrastructure proposed to be constructed in the project area; and

(b)

describes assesses the effect of the proposed infrastructure on existing infrastructure, both within and outside the project area; and

(c)

states whether Kāinga Ora has entered into any binding agreements with any infrastructure provider; and

(d)

discloses whether Kāinga Ora proposes to construct new infrastructure on land not controlled by Kāinga Ora and whether it has obtained the consent of the owner of that land; and

(e)

states where further information will be available about the progress of the construction of the proposed infrastructure during the course of the specified development project; and

(ea)

identifies any technical design standards or codes that have been adopted in the development plan; and

(f)

identifies the expected total costs of construction of the proposed infrastructure for the specified development project.; and

(g)

includes details of the estimated operating costs associated with the proposed infrastructure.

Process for finalising notifying draft development plan

75 Preconditions to be met before draft development plan notified
Application of this section

(1)

This section applies before Kāinga Ora may publicly notify a draft development plan under section 76.

(2)

Kāinga Ora must be satisfied that the requirements of sections 62 to 74 have been met.

Obligations in relation to Māori interests

(3)

Kāinga Ora must advise the responsible Minister, the Minister for the Environment, the Minister for Māori Development, the Minister for Māori Crown Relations—Te Arawhiti, and the Minister for Treaty of Waitangi Negotiations in writing on the content of the draft development plan.

(4)

The Minister for Māori Crown Relations—Te Arawhiti, after consulting the Minister for the Environment and the Minister for Treaty of Waitangi Negotiations, must confirm in writing that the Minister is satisfied that—

(a)

any participation arrangement or redress having effect in all or part of the project area has been identified in the draft development plan; and

(b)

the draft development plan provides adequately for those matters and adequately takes into account the Crown’s obligation to provide redress for any future settlements of historical Treaty of Waitangi claims in the project area.

(5)

If any Māori land is included in a project area, the Minister for Māori Development must confirm in writing before the draft development plan is publicly notified that the plan is consistent with the principles set out in the Preamble to Te Ture Whenua Maori Act 1993.

(5A)

Subsection (5B) applies if the draft development plan provides for a specified reserve within the project area to be set apart for the purposes of the specified development project.

(5B)

Kāinga Ora must

(a)

obtain the written consent of a post-settlement governance entity to the setting apart if

(i)

the land comprising the reserve has, under a Treaty settlement Act, been vested in or transferred to the post-settlement governance entity; and

(ii)

the land is still held by the post-settlement governance entity or has been transferred to (and is still held by) the Crown or a local authority:

(b)

obtain and have regard to the views of a post-settlement governance entity on the setting apart if

(i)

the reserve is held by a local authority; and

(ii)

the local authority has, under a Treaty settlement Act, entered into an agreement with the entity that provides a role for the entity, or a group represented by the entity, in the management of the reserve.

Approvals by Minister of Conservation

(6)

Kāinga Ora must—

(a)

submit to the Minister of Conservation for approval any provisions in a draft development plan that override, add to, or suspend provisions in a regional coastal plan; and

(b)

if the draft development plan provides for the revocation or cancellation of a conservation interest in land that is not owned by Kāinga Ora, obtain the land owner’s agreement to the revocation or cancellation, subject to any conditions that the Minister of Conservation may impose on the use of the land.

(7)

If a specified development project is within, or includes any part of, the coastal marine area, a specified reserve, or land subject to any conservation interest, the following approvals of the Minister of Conservation are required for the development of the land under a specified development project before a draft development plan is publicly notified:

(a)

approval of any conditions applying to setting apart, future classification, or vesting of a proposal

(i)

to set apart, classify, or vest an existing a specified reserve or a proposed reserve:

(ii)

a proposed reserve:

(iii)

a proposed that relates to a covenant over land; and

(b)

approval of any provisions of the draft development plan that override, add to, or suspend the provisions of a regional coastal plan.

(8)

In approving the matters specified in subsections (6) and (7), the Minister of Conservation must—

(a)

have regard to the classification of the reserve and the purpose of the classification under the relevant provisions of the Reserves Act 1977; and

(b)

have regard to the values and significance of a the coastal marine area, specified reserve, or land that is subject to a conservation interest; and

(c)

be satisfied that approval will not compromise values of regional, national, or international significance; and

(d)

in the case of scenic reserves, be satisfied that any loss of scenic values will be appropriately mitigated by—

(i)

implementing measures to improve any remaining part of the reserve:

(ii)

offsetting the loss of all or part of the reserve by providing new reserve land in reasonable proximity to the community served by the original reserve and with the same purpose and values as the original reserve; and

(e)

in the case of historic reserves, be satisfied that adequate provision will be made for public visual appreciation of, and appropriate public access to, the historic heritage values of the reserve; and

(f)

in the case of esplanade reserves and esplanade strips, be satisfied that approval will not compromise the purposes of esplanade reserves and esplanade strips, as set out in section 229 of the Resource Management Act 1991.; and

(g)

in the case of a proposed reserve that is to become a Crown protected area, be satisfied that the proposed reserve name complies with any rules, standards, or guidelines developed under section 12(b) of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 for naming Crown protected areas.

Approvals by local authority

(8A)

If Kāinga Ora proposes, in a draft development plan, provisions relating to the use, modification, or disposal of a park or regional park, Kāinga Ora must

(a)

advise the relevant local authority of the proposal; and

(b)

obtain the relevant local authority’s approval for the proposal.

Approvals relating to common marine and coastal area

(8B)

If Kāinga Ora proposes, in a draft development plan, to set apart a part of the common marine and coastal area for a specified work, Kāinga Ora must obtain approval to set apart the area for that purpose from the Minister of Transport or the Minister of Conservation, as the case requires.

Approvals by Responsible Minister

(9)

Kāinga Ora must obtain approval in writing from the responsible Minister before giving public notice of the draft development plan.

76 Public notice

(1)

Kāinga Ora must give public notice of the draft development plan and supporting documents for a specified development project.

(2)

The notice must state—

(a)

that the draft development plan is subject to public submissions; and

(b)

where the draft development plan and supporting documents evaluation report may be accessed; and

(c)

the date by which submissions must be received, which must be at least 20 working days after the date on which public notice is given; and

(d)

that submitters must clearly identify—

(i)

what, if any, changes they seek to make to the draft development plan; and

(ii)

whether the submitter wishes to be heard.

77 Public submissions

(1)

Any person may make a submission to Kāinga Ora on the draft development plan.

(2)

Submissions must—

(a)

be received by Kāinga Ora by the date given in the public notice; and

(b)

say whether the submitter wishes to be heard by the IHP; and

(c)

give an electronic address for service.

(3)

If a late submission is lodged, Kāinga Ora may recommend to the IHP whether it should accept any or reject the late submission.

78 Kāinga Ora must consider, and make recommendations on, submissions

(1)

Once the submission period has closed, Kāinga Ora must—

(a)

consider all the submissions received under that section section 77; and

(b)

note its recommendations on the draft development plan or on matters raised in the submissions, with the reasons for accepting or rejecting the submissions; and

(c)

provide advice to the Minister of Conservation on any submissions received that relate to—

(i)

any conditions that the Minister of Conservation included in the development plan under section 75(7)(a); and

(ii)

any approvals given by the Minister of Conservation under section 75(6) or (7); and

(iii)

any changes to a condition or approval recommended by Kāinga Ora under subsection (1)(b); and

(d)

invite the Minister of Conservation to amend any changes proposed by Kāinga Ora under paragraph (c)(iii).

(2)

In preparing its recommendations on submissions, Kāinga Ora may—

(a)

group submissions according to topics or to the relevant provisions of the draft development plan rather than comment on each submission individually; and

(b)

propose changes to the draft development plan.

(3)

Kāinga Ora must provide the IHP with copies of any recommendations noted under subsection (1)(b).

Establishment and role of IHP

79 Establishment of IHP

(1)

Once a draft development plan has been publicly notified under section 76, the responsible Minister must appoint an independent hearings panel (IHP) to carry out the role prescribed in section 80.

(1)

The responsible Minister must appoint an IHP to carry out the role described in section 80.

(1A)

The appointment of an IHP may be made at any time during the preparation of a draft development plan, but must be made not later than the last day on which submissions on the draft development plan will be received, as specified in the notice required by section 76(2).

(2)

Provisions on the establishment, membership, functions, powers, and procedure of an IHP are set out in Schedule 3.

80 Role Purpose and role of IHP

(1AAA)

The purpose of establishing an IHP for a specified development project is to ensure that a draft development plan is subject to a process of independent consideration.

(1)

The role of the IHP is—

(a)

to consider the draft development plan, and submissions provided to it by Kāinga Ora; and

(b)

to consider the recommendations of Kāinga Ora on the submissions; and

(c)

to provide to the responsible Minister, for the Minister’s determination under section 84, its recommendations on the draft development plan.

(2)

Kāinga Ora must provide the following to the IHP:

(a)

the draft development plan and supporting documents; and

(b)

the submissions (if any) received under section 77; and

(c)

any other information the IHP has requested for the purpose of considering the submissions by the IHP; and

(d)

Kāinga Ora’s recommendations and advice given under section 78(1)(b) and (c).

(3)

The IHP—

(a)

must consider, and hold hearings as required on, the submissions; and

(b)

may make any recommendations it considers appropriate in respect of the draft development plan.

81 Considerations relevant to IHP’s recommendations

(1)

In preparing its recommendations on a draft development plan, an IHP must have regard to—

(a)

all the information provided by Kāinga Ora; and

(b)

any information obtained by the IHP under subsection (2)(a); and

(c)

subpart 1 of Part 1; and

(d)

any relevant matters in the instruments referred to in section 60 and the documents referred to in section 69(1); and

(e)

the project objectives.

(2)

An IHP may, at any time in its proceedings,—

(a)

request further information from Kāinga Ora or from any submitter or independent expert that is relevant and necessary for the IHP to make its recommendations:

(b)

make recommendations in respect of a particular topic after it has finished hearing submissions on that topic but is not required to make recommendations on each submission individually.

82 IHP recommendations

(1)

Not later that 9 months after the closing date for submissions notified under section 76, the IHP must provide a report to the responsible Minister and Kāinga Ora in accordance with this section.

Mandatory matters

(2)

The report provided by the IHP must include the IHP’s recommendations (if any)—

(a)

on the draft development plan; and

(b)

any recommendations for amending that plan, together with the IHP’s reasons for the proposed amendments; and

(c)

on matters raised in submissions made in respect of the topic or topics covered by the report.

Discretionary matters

(3)

An IHP may recommend that the draft development plan—

(a)

be approved in full; or

(b)

be approved subject to specified amendments; or

(c)

be rejected in full.

(4)

A report may also include recommendations on the use of any additional infrastructure powers under this Act relating to infrastructure that are granted to Kāinga Ora. granted by this Act in order to achieve the project objectives.

Prohibited matters

(5)

An IHP must not make a recommendation—

(a)

on any existing designation that is included in the draft development plan without modification and on which no submissions are received; or

(b)

to remove or amend a provision to set up a participation arrangement having effect in the project area or that would result in a participation arrangement ceasing to have effect; or

(c)

that is inconsistent with any agreement reached by mediation (see clause 13 of Schedule 3).

Changes recommended by IHP

(6)

Subsection (7) applies if an IHP recommends that changes be made to a draft development plan that would override, add to, or suspend any of the following:

(a)

any conditions of the Minister of Conservation included in the draft development plan under section 75(7)(a):

(b)

any approvals given by the Minister of Conservation under section 75(6) or (7).

(7)

The IHP must—

(a)

consult the Minister of Conservation on any proposed recommendations of the IHP; and

(b)

submit the agreed changes to the Minister of Conservation for the Minister’s approval.

Minister’s decision on draft development plan

83 Kāinga Ora must advise responsible Minister on IHP recommendations

(1)

After Kāinga Ora has received the recommendations of the IHP, Kāinga Ora must provide advice to the responsible Minister on those recommendations.

(2)

If the advice shows that 1 or more of the IHP’s recommendations would limit the ability of decision makers under the development plan to achieve the project objectives,—

(a)

the responsible Minister may refer the those recommendations back to the IHP for further consideration and revision, with reasons in writing for doing so; and

(b)

the IHP must reconsider the draft development plan and its recommendations, applying the requirements of sections 79 to 81, as relevant.

84 Minister’s determination on draft development plan

(1)

If the responsible Minister receives a report from an IHP with recommendations for changes to the draft development plan, the Minister may,—

(a)

subject to subsection (4), approve the plan with the changes recommended by the IHP; or

(b)

approve a recommendation of the IHP that the draft development plan be declined; or

(c)

refer any or all of the recommendations of the IHP back to the IHP for its further consideration.

(2)

However, if the IHP has recommended changes to the draft development plan, the responsible Minister must consult the Minister for Māori Crown Relations—Te Arawhiti and the Minister for Māori Development before the responsible Minister makes a determination under subsection (1).

(3)

If the responsible Minister refers some or all of the recommendations of the IHP back to the IHP, the Minister may—

(a)

give written notice to the IHP that identifies the recommendations being referred back to the IHP for further consideration, with details of what must be reconsidered and why; or

(b)

refer the recommendations back with or without any recommended changes.

(4)

The responsible Minister may alter the recommendations of the IHP, but only to the extent that an alteration is of minor effect or corrects a minor error.

(5)

If an IHP receives a notice under subsection (3)(a),—

(a)

the IHP must review its recommendations and all relevant information; and

(b)

the IHP may—

(i)

provide revised recommendations to the responsible Minister; or

(ii)

may decline to change its recommendations.

85 Matters Minister must consider

In making a decision under section 84, the responsible Minister must—

(a)

have regard to the relevant matters in the instruments listed in section 60 and the documents considerations referred to in section 69(2); and

(b)

give reasons in writing for the decision.

Final approval and notification of development plan

86 Approval and notification of development plan as operative

(1)

If the IHP makes no recommendations in its report made under section 82(1) to change for change to the draft development plan, the responsible Minister may approve the draft development plan as the operative development plan with effect on and from the date given in the notice required by subsection (5).

(2)

If the responsible Minister approves the recommendations of the IHP set out in its report made under section 82(1), the draft development plan becomes the operative development plan on the day specified in the notice given under subsection (5).

(3)

If the responsible Minister accepts approves a recommendation of the IHP to decline the draft development plan, notice of that must be given under subsection (5).

(4)

A decision of the responsible Minister under subsection (1) or (2) includes the approval of any provisions in the plan that override, add to, or suspend provisions in a regional coastal plan.

(5)

After the responsible Minister has given approval under this section, Kāinga Ora must notify the operative draft development plan in the Gazette, stating—

(a)

the date on which the development plan takes effect, which must not be earlier than 25 working days after the date notification is given (unless an appeal is lodged in accordance with section 88); and

(a)

the date on which the development plan becomes operative, which must not be earlier than 25 working days after the date on which notice is given under this subsection; and

(b)

that the development plan is available free of charge on the Kāinga Ora Internet site.

(6)

See section 23(2) (when protected land, former Māori land, and RFR land may be included in project area and development plan).

(7)

To avoid doubt,

(a)

the following are confirmed or cancelled when the development plan becomes operative:

(i)

every notice of requirement, designation, or modification included by Kāinga Ora in a draft development plan; and

(ii)

all notices of requirement lodged by other requiring authorities for a designation or modifications of a designation included in a draft development plan:

(b)

the draft development plan does not become operative until all appeal rights under section 88 are disposed of or have expired.

87 Notice to Māori entities

Kāinga Ora must provide any relevant Māori entity with a copy of the statement of Kāinga Ora that the development plan is consistent with the iwi planning documents applying in the project area.

Appeals

88 Appeal rights in relation to development plan

(1)

Any person who made a written submission under section 77 in relation to a draft development plan may appeal to the High Court on a question of law in respect of a matter that the person raised in a submission on the draft development plan relating to the responsible Minister’s approval of the draft development plan.

(1A)

This section provides for the only right of appeal in respect of any aspect of a draft development plan, including in respect of the confirmation or cancellation of a notice of requirement, designation, or modification.

(2)

An appeal under subsection (1) may not be made later than 20 working days after notification of the development plan as operative under section 86(5).

(2)

An appeal under subsection (1) may not be made later than 20 working days after the draft development plan is gazetted in accordance with section 86(5).

(2A)

The High Court Rules 2016 apply if a procedural matter is not dealt with in this section.

(3)

An appeal against a decision of the High Court may be made to the Court of Appeal, but that appeal is a final appeal.

Effect of development plan

89 Effect of development plan becoming operative

From the date on which a development plan is notified under section 86(5)(a) as taking effect, and until the specified development project is disestablished,—

(a)

Kāinga Ora is the consent authority for resource consent applications to the territorial authority for the project area, as defined in the development plan (see section 116(1)):

(b)

a designation in a district plan within a project area ceases to apply in the project area, and only designations included in the development plan have effect in the project area (see section 68(5)):

(c)

Kāinga Ora is a territorial authority for the purpose of considering notices of requirement lodged by requiring authorities other than Kāinga Ora for designations in the project area:

(d)

under subpart 3 of Part 3 and in accordance with the development plan,—

(i)

reserves may be set apart and new reserves may be created for the purposes of the specified development project (see section 143(1)); and

(ii)

conservation interests may be revoked or cancelled for the purposes of the specified development project (see section 143(4)):

(da)

an approval given under section 75(8A) of a provision associated with the use, modification, or disposal of a park or regional park, and the responsible Minister’s determination on the draft development plan under section 84, are deemed to comply with any consultation process that would otherwise have applied under the Local Government Act 2002:

(e)

Kāinga Ora may exercise the infrastructure powers set out in subpart 4 of Part 3 in accordance with the development plan (see section 145(1)):

(f)

Kāinga Ora may use the various funding mechanisms provided for in Part 4 in accordance with the development plan.

90 Continuing application of planning instruments in project area

(1)

The planning instruments that apply in a project area continue to apply in the project area unless overridden by, added to, or suspended by a development plan.

(2)

Despite subsection (1), the provisions of a designation included in a district plan will not apply within a project area on and from the date of the development plan becoming operative (see section 86(5)(a)).

(3)

However, if there is any inconsistency, the development plan prevails over any relevant planning instrument.

91 When development plan and planning instruments may be inconsistent

(1)

Subject to section 60, a development plan may, for the duration of the specified development project, override, add to, or suspend the whole or part of any planning instrument that applies to the project area.

(2)

However, subsection (1) does not apply to any objective, policy, rule, or other method relating to historic heritage included in a planning instrument, unless the change imposes more stringent management or protection for historic heritage.

(a)

apply to any objective, policy, rule, or other method relating to historic heritage included in a planning instrument, unless the change imposes more stringent management or protection for historic heritage:

(b)

override section 63(1).

92 Status and relevance of iwi planning documents

(1)

If an enactment specifies that an iwi planning document is to be treated as part of a planning instrument, a development plan does not override or have any effect on the iwi planning document, which continues to apply in the relevant project area.

(2)

Subsection (1) has effect as if a reference in that enactment—

(a)

to a local authority were a reference to Kāinga Ora; and

(b)

to a planning instrument were a reference to a development plan made under this Act.

(3)

Kāinga Ora is not bound by a Mana Whakahono a Rohe (see subpart 2 of Part 5 of the Resource Management Act 1991).

Review and amendment of development plans

93 Review of development plan by Kāinga Ora

(1)

Kāinga Ora—

(a)

may at any time review a development plan; but

(b)

must review a development plan not later than 10 years after its notification under section 86(5), unless the development plan specifies a different review period.

(2)

A review of a development plan must be publicly notified as if it were an amendment to that plan.

(3)

If under any iwi participation legislation, a local authority—

(a)

is required to review a planning instrument, the requirement applies to Kāinga Ora when it reviews the development plan:

(b)

is required to prepare or change a planning instrument, the requirement applies to Kāinga Ora when it starts to prepare or change the development plan:

(c)

must notify a planning instrument, the requirement applies to Kāinga Ora when it notifies the draft development plan for public consultation (see section 76).

94 Amendment of development plan by Kāinga Ora

(1)

Kāinga Ora must not amend a development plan unless—

(a)

the process under this subpart is followed; and

(b)

any amendments are required to achieve the project objectives.

(2)

However, Kāinga Ora may amend a development plan without following the process required by sections 76 and 77 if the amendments are required—

(a)

to maintain consistency with—

(i)

the planning instruments applying in the project area before any change was made, if an instrument is changed; or

(ii)

any relevant new or amended national direction applying to the specified development project or in the project area; or

(b)

to make technical or incidental minor changes, and the responsible Minister has approved the changes.

(3)

Kāinga Ora may amend a development plan otherwise than as provided for by subsection (1) or (2), but must follow the processes set out in sections 76 and 77.

(4)

When a development plan is amended, the following, to the extent that they are relevant, are required in relation to the new content proposed for the development plan:

(a)

an evaluation report (see sections 72 and 73); and

(b)

an infrastructure statement (see section 74).

(4)

When a development plan is amended, an evaluation report must be prepared in relation to the new content proposed for the development plan.

Private plan change to development plan

95 Requests for private changes to development plans

(1)

Any person may request a change to the way in which a planning instrument is modified by a development plan, as long as—

(a)

the change is not requested within 2 years of the development plan becoming operative; and

(b)

Kāinga Ora has not notified a draft development plan that proposes changes to the development plan for the same project area; and

(c)

the requested change applies only to a part, and not the whole, of a project area.

(2)

Kāinga Ora may—

(a)

accept a request for a private plan change, with or without conditions; or

(b)

reject the request, but only on the grounds that the change requested—

(i)

is inconsistent with the project objectives; or

(ii)

applies to the whole of the project area; or

(iii)

relates to the same area, provisions, or matters of a specified development project in relation to which Kāinga Ora has already notified an amendment to the development plan; or

(iv)

is not within the scope inconsistent with the purpose of this Act; or

(v)

is inconsistent with good resource management practice; or

(vi)

is frivolous or vexatious.

96 Process for requesting private change to development plan

(1)

A request for a change to a development plan must be made in writing to Kāinga Ora—

(a)

stating the purpose of, and reasons for the proposed change; and

(b)

providing an evaluation report on the proposed change, prepared in accordance with sections 72 and 73.

(2)

The provisions of Part 2 of Schedule 1 of the Resource Management Act 1991 apply with the necessary modifications and as relevant to a request made under section 95.

Part 3 Effect of specified development projects

Subpart 1—Transitional period and general

97 Overview of this subpart

(1)

This subpart contains provisions applying, once a specified development project is established, in relation to—

(a)

planning and consenting in the project area; and

(b)

assistance, advice, information, and record-keeping.

(2)

Most of the planning and consenting provisions apply for, or relate to, only the period that starts on the establishment date of the relevant project and ends when the project’s development plan becomes operative (the transitional period).

(3)

However, where indicated, a provision applies for a different period (for example, for the duration of the specified development project).

(4)

See also subpart 2.

(5)

Sections 109 to 115 and 110 generally apply for (or in relation to things occurring within) the duration of the relevant project.

Planning and consenting: general

98 Continuing application of planning instruments and role of local authorities in project area as consent authorities

In the transitional period for a specified development project, except as modified by this subpart,—

(a)

the planning instruments that apply in a project area continue to apply in the project area; and

(b)

a local authority that has functions in respect of activities to be undertaken in a project area continues to be the consent authority.

(b)

the relevant local authorities retain all of their functions, powers, and duties under the Resource Management Act 1991 in relation to the project area.

99 Local authorities must include map of project area, etc, in planning instruments

(1)

Without using the processes required for a plan change under Schedule 1 of the Resource Management Act 1991, every local authority must include in the electronic versions of its planning instruments—

(a)

a map showing the area of any project area within their district or region; and

(b)

advice on where to access the relevant development plan or draft development plan.

(2)

The obligations under subsection (1) are obligations that apply—

(a)

as soon as practicable after any specified development project is established; and

(b)

for the duration of that project.

100 Local authority may transfer consenting functions to Kāinga Ora

(1)

In the transitional period for a specified development project, a local authority may transfer, to Kāinga Ora, any 1 or more of the local authority’s functions, powers, or duties as a consent authority under the Resource Management Act 1991 for resource consent applications in the project area.

(a)

for resource consent applications in the project area; but

(b)

excluding resource consent applications described in section 117(1) of this Act.

(2)

Section 33 of the Resource Management Act 1991 applies in relation to the transfer as if Kāinga Ora were a public authority under section 33(2) of that Act.

(2A)

Section 117 (which contains a governance principle) applies with the necessary modifications to Kāinga Ora performing the transferred functions and powers.

(3)

On expiration of the transitional period, this section continues to apply in respect of any resource consent applications described in subsection (1)(a) (and not excluded by subsection (1)(b)) in the project area in respect of which a local authority remains the consent authority (see section 116).

Regional or district plan changes in transitional period

101 Local authority preparing or changing plan must have regard to certain additional matters

(1)

This section applies if, in a transitional period, a local authority is preparing or changing a district or regional plan that applies (or would apply) in the relevant project area.

(2)

The local authority must have regard to the project area and the relevant project objectives, to the extent that their content has a bearing on resource management issues in the district or region (as relevant).

102 Relevant local authority must notify Kāinga Ora before final consideration of plan change

(1)

This section applies if a change to a district or regional plan applying in a project area will, if approved, become operative in the project’s transitional period.

(2)

The relevant local authority must notify Kāinga Ora of that fact, in writing, at least 20 working days before whichever of the following is relevant to the plan change:

(a)

the date on which the relevant local authority considers whether to approve or adopt the plan change under clause 17 or 18 of Schedule 1 of the Resource Management Act 1991:

(b)

the date on which the relevant local authority submits the information required by clause 83(1) of Schedule 1 of the Resource Management Act 1991 to the Minister described in that clause.

103 Power to decline plan change in project area by notice
Decision

(1)

Kāinga Ora may, within 15 working days of receiving a notice under section 102 (or of otherwise becoming aware of an approval, adoption, or submission of information under clause 17, 18, or 83(1) of Schedule 1 of the Resource Management Act 1991 for which it should have received that notice),—

(a)

decide that the plan change, or a part of the plan change, will not apply in the project area; and

(b)

give written notice to the relevant local authority of its decision.

(2)

However, Kāinga Ora may only make and give notice of its decision under subsection (1) if Kāinga Ora considers that, in order to achieve the project objectives for the relevant specified development project, it is reasonably necessary to make that decision.

Effects depend on written notice within time

(3)

A decision of Kāinga Ora under subsection (1)

(a)

has the effects set out in subsection (5) only if the written notice is given to the relevant local authority within the time frame in subsection (1); and

(b)

otherwise, has no effects.

(4)

If a decision relates to only part of a plan change, the notice by Kāinga Ora must clearly specify which part will not apply in the project area.

Effects

(5)

The effects are that the plan change, or the specified part of the plan change, as relevant,—

(a)

does not become operative in respect of the project area; and

(b)

is declined to the extent that it would have applied to the project area.

(6)

The notice has no effect on any of the following:

(a)

the plan change being approved and becoming operative in respect of areas outside the project area:

(b)

in the case of a notice that relates to a specified part of the plan change, the rest of the plan change being approved and becoming operative in respect of the project area.

(7)

This section applies despite anything to the contrary in this Act or the Resource Management Act 1991.

104 Appeal rights in relation to exercise of section 103 power

(1)

Any 1 or more of the following persons may appeal to the High Court on a question of law in respect of a decision made by Kāinga Ora under section 103(1):

(a)

the applicant for the plan change (if any):

(b)

the relevant local authority:

(c)

any person who made a submission under the Resource Management Act 1991 on the plan change.

(2)

A person who has a right of appeal under subsection (1)(c) may appeal only in respect of a matter raised in the person’s submission.

Resource consent applications, etc, Decisions on resource consents in transitional period

104A Meaning of relevant application

(1)

Sections 105 to 108 apply to the following applications that are relevant (as defined in this section):

(a)

an application for a resource consent for an activity wholly or partly within a project area:

(b)

an application for a change or cancellation of a condition of an existing resource consent applying in a project area.

(2)

An application described in subsection (1)(a) or (b) is relevant if

(a)

it was received by the local authority before the date on which the specified development project was established but is not decided by the local authority before that date; or

(b)

it is received by the local authority in the transitional period.

(3)

However, an application described in subsection (1)(a) or (b) is not relevant if

(a)

Kāinga Ora is the applicant; or

(b)

Kāinga Ora has given its written approval to the application; or

(c)

the application is not complete.

(4)

In this section, local authority means the local authority as consent authority under the Resource Management Act 1991.

105 Resource consent applications, etc, received by local authority as consent authority What consent authority must do with relevant applications

(1)

This section applies, despite anything to the contrary in the Resource Management Act 1991, to a relevant application (as defined in section 104A). as follows:

(a)

it applies if a local authority, as consent authority under the Resource Management Act 1991, receives, in the transitional period, a complete application for

(i)

a resource consent for an activity wholly or partly within a project area; or

(ii)

a change or cancellation of a condition of an existing resource consent applying in a project area:

(b)

it applies despite anything to the contrary in the Resource Management Act 1991:

(c)

it does not apply if Kāinga Ora is the applicant or has given its written approval to the application.

(2)

Before the consent authority may grant the resource consent or change or cancel the condition, it must give to Kāinga Ora a copy of the relevant application, along with a copy of the following, in order that Kāinga Ora may make a decision under section 106(1):

(a)

the consent authority’s draft determination decision; and

(b)

any conditions that the consent authority would impose on the grant resource consent.

(3)

If, within 10 working days of the date on which the consent authority gives Kāinga Ora all of the information required by subsection (2), the consent authority receives written notice of a decision of Kāinga Ora under section 106(1), the consent authority must not grant the consent, or the change or cancellation of the condition, on conditions that are inconsistent with that decision of Kāinga Ora.

(4)

Subsection (5) applies to the time period between—

(a)

the date on which the consent authority gives Kāinga Ora the documentation under subsection (2) (date A); and

(b)

the earlier of—

(i)

the date that is 10 working days after date A:

(ii)

the date on which the consent authority receives written notice of a decision of Kāinga Ora under section 106.

(5)

That time period is excluded from any time limits under the Resource Management Act 1991 relating to the relevant application.

106 Power to decline relevant applications or impose or modify conditions on grants

(1)

Kāinga Ora may, within 10 working days of receiving documentation under section 105(2),—

(a)

decide to decline all or part of the consent or relevant application, to impose conditions on the grant resource consent, or to modify any conditions that the consent authority would impose on the grant resource consent; and

(b)

give written notice to the consent authority of its decision, with reasons.

(2)

However, Kāinga Ora may only make and give notice of a decision under subsection (1) if Kāinga Ora considers that, in order to achieve the project objectives for the relevant project, it is reasonably necessary to make that decision.

(3)

When exercising a power under subsection (1), sections 104 to 111 of the Resource Management Act 1991 apply to Kāinga Ora as if it were the consent authority, but with the modification that references, in those sections, to Part 2 of that Act are treated as references to subpart 1 of Part 1 of this Act.

107 Right of objection in relation to exercise of section 106 power

(1)

The applicant or the consent holder has a right of objection in relation to a decision of Kāinga Ora under section 106(1).

(2)

The objection must be heard by a hearings commissioner.

(3)

Section 357C to 358 of the Resource Management Act 1991 apply, with the necessary modifications, as if the objection was made under section 357A(1)(f) or (g) of that Act.

108 Appeal rights in relation to exercise of section 106 power

Section 135 applies in relation to the whole or any part of a decision of Kāinga Ora under section 106(1), with the modifications that—

(a)

a reference, in section 135, to a decision of a consent authority includes a reference to a decision of Kāinga Ora under section 106(1); and

(b)

the consent authority is treated as if it were listed in section 135(1) as a person who may appeal against a decision of Kāinga Ora under section 106(1).

Assistance, information, advice, and record-keeping: project duration

109 Kāinga Ora and territorial authorities must assist persons seeking to determine who does what

Kāinga Ora and every relevant territorial authority for a project area (the agencies) must give reasonable and timely assistance to a person seeking to determine which of the agencies is responsible for, or capable of performing, particular work or activities in a project area or a part of it.

110 Information, advice, and record-keeping obligations from establishment

(1)

Subsection (2) applies if a Treaty settlement Act, Treaty settlement deed, or other iwi participation legislation applying in a project area requires a local authority—

(a)

to keep and maintain records under section 35A of the Resource Management Act 1991:

(b)

to provide certain information or advice at the request of a Māori entity.

(2)

Kāinga Ora must—

(a)

comply with the requirement in subsection (1)(a) as if it were the local authority; and

(b)

comply with a request from a relevant Māori entity for information or advice as if it were the local authority, to the extent that Kāinga Ora holds the information or can provide the advice.

(3)

If an advisory board, committee, or authority has been established under a Treaty settlement Act, Treaty settlement deed, or other iwi participation legislation to provide advice on the management of a natural resource within a project area, Kāinga Ora must, in the manner required by that Act, deed, or other legislation—

(a)

respond to the advice given:

(b)

seek, and have regard to, any advice if Kāinga Ora—

(i)

is preparing, changing, or reviewing a development plan:

(ii)

publishes a draft development plan for public consultation.

111 Powers of Kāinga Ora to obtain information

(1)

Kāinga Ora may, for the purposes of performing its functions in preparing, amending, or reviewing the development plan for a specified development project, request an entity specified in subsection (4) to supply to Kāinga Ora any of the following information:

(a)

any information in the possession of the entity:

(b)

information that is the entity’s written assessment of

(i)

the likely impact of the project on the services that the entity provides; and

(ii)

how best to manage that impact, including the likely cost and timing implications of making changes to the entity’s services.

(2)

However, before making the request, Kāinga Ora must have the joint Ministers’ approval, in writing, to make a request.

(3)

A request made under this section

(a)

must be in writing; and

(b)

must be signed by the chief executive of Kāinga Ora; and

(c)

must state the date by which, and the manner in which, the information requested must be provided.

(4)

A request may be made to any of the following entities with which Kāinga Ora engaged while assessing the project under subpart 1 of Part 2:

(a)

a department named in Schedule 1 of the State Sector Act 1988, other than

(i)

the Government Communications Security Bureau; and

(ii)

the New Zealand Security Intelligence Service:

(b)

a departmental agency named in Schedule 1A of the State Sector Act 1988:

(c)

a statutory entity named in Schedule 1 of the Crown Entities Act 2004:

(d)

the New Zealand Defence Force:

(e)

a relevant local authority.

(5)

In subsection (1), information does not include

(a)

personal information as defined in section 2(1) of the Privacy Act 1993; or

(b)

information held by the Government Statistician that was collected under the Statistics Act 1975; or

(c)

information that a revenue officer must keep confidential under section 18(1) of the Tax Administration Act 1994.

Compare: 2019 No 51 s 23

112 Entity must respond to request under section 111

(1)

Subject to subsection (2), an entity to which a request under section 111 is made must comply with the request

(a)

within 30 working days from the date on which the request was received; or

(b)

by a later date stated in the request or agreed to by Kāinga Ora.

(2)

The requirement to comply with the request is subject to sections 113 and 114 (which set out reasons for refusing a request for information).

(3)

Information cannot be withheld other than for the reasons in sections 113 and 114, and cannot be withheld at all if it could not properly be withheld under the Official Information Act 1982 or the Local Government Official Information and Meetings Act 1987, as the case may be.

(4)

The entity may not charge Kāinga Ora for its costs associated with responding to the request.

Compare: 2019 No 51 s 23(4), (5)

113 Reasons for refusing to supply requested information

A request for information under section 111 may be refused if

(a)

withholding the information is necessary to protect the privacy of a person (whether or not the person is a natural person or a deceased person); or

(b)

withholding the information is necessary to maintain legal professional privilege; or

(c)

the supply of the information would limit the ability of the entity, or of any of its employees, members, or office holders, to act judicially, or to carry out the statutorily independent functions of the entity, in relation to a particular matter; or

(d)

the supply of the information would be likely to result in any of the outcomes described in section 6(a) to (d) of the Official Information Act 1982.

Compare: 2019 No 51 s 24

114 Additional reasons for refusal by relevant local authorities

(1)

In addition to the reasons set out in section 113, a relevant local authority may refuse a request for information under section 111 if

(a)

the withholding of the information is necessary to protect information where the making available of the information

(i)

would disclose a trade secret; or

(ii)

would be likely unreasonably to prejudice the commercial position of the entity, or the person who supplied the information, or the person who is the subject of the information; or

(b)

the information requested cannot be made available without substantial research.

(2)

If a request is likely to be refused under subsection (1)(b), the relevant local authority must, before that request is refused, consider whether consulting with Kāinga Ora would assist Kāinga Ora to make the request in a form that would remove the reason for the refusal.

Compare: 2019 No 51 s 25

115 What happens if entity does not respond within required time frame

(1)

This section applies if an entity does not respond to a request made under section 111 within the time frame for responding under section 112(1).

(2)

Kāinga Ora may commission a suitably qualified person to supply the information required.

(3)

The entity must reimburse Kāinga Ora for the costs of that commission.

Subpart 2—Resource consenting and designations for specified development project

Role of Kāinga Ora as consent authority

116 Role of Kāinga Ora in relation to resource consent applications

(1)

On and from the date on which a development plan for a specified development project is notified under section 86(5)(a) as taking effect becomes operative in accordance with section 86, Kāinga Ora—

(a)

is the consent authority under the Resource Management Act 1991 for all resource consent applications in the project area, if the territorial authority would otherwise be the consent authority for the purposes of that Act; but

(b)

is not the consent authorty authority if a regional council, the Minister for the Environment, or the Environmental Protection Authority would be the consent authority under the Resource Management Act 1991.

(2)

Kāinga Ora must also perform the functions of monitoring, enforcing, and promoting compliance in a project area for—

(a)

resource consents granted by Kāinga Ora; and

(b)

activities specified as permitted activities in the district plan or as amended by the development plan.; and

(c)

activities not permitted under the district plan as amended by the development plan and for which a resource consent has not been granted.

(3)

For the purposes of carrying out its functions under subsection (2), Kāinga Ora may, as if it were a local authority, authorise enforcement officers under section 38 of the Resource Management Act 1991.

(3A)

Enforcement undertaken under this subpart in respect of activities that are not permitted under the development plan or by a resource consent must comply with the requirements for entry onto private property under sections 332, 334, and 335 of the Resource Management Act 1991.

(4)

If a Treaty settlement Act, Treaty settlement deed, or other iwi participation legislation that applies in a project area has provisions for a local authority and a Māori entity to discuss and agree matters of the kind described in subsection (5), those provisions apply as if Kāinga Ora were the local authority.

(5)

The matters referred to in subsection (4) are—

(a)

priorities and methods for monitoring, and the extent of, and responses to, that monitoring; and

(b)

the role of the Māori entity in monitoring and enforcement.

116A Monitoring and enforcement of subdivision consents

(1)

In relation to subdivision consents, the functions of a territorial authority in respect of monitoring and enforcement under Part 10 of the Resource Management Act 1991 become the functions of Kāinga Ora under this subpart.

(2)

Part 10 of the Resource Management Act 1991 applies to subdivision consents granted under this subpart as if Kāinga Ora were the territorial authority.

117 When delegation required

(1)

Kāinga Ora must not exercise the powers or perform the functions of a consent authority in relation to a resource consent application under section 116 if Kāinga Ora is

(a)

the sole applicant; or

(b)

an applicant in a partnership; or

(c)

is in a significant contractual relationship with an applicant in a project area.

(2)

If subsection (1) applies, Kāinga Ora must delegate its powers and functions as a consent authority to

(a)

a local authority; or

(b)

1 or more hearings commissioners.

(3)

This section

(a)

does not limit section 289 or 291; but

(b)

is not subject to section 285.

(4)

In subsection (1), significant contractual relationship means, for example, a relationship with a lead developer in a project in which Kāinga Ora has a direct financial interest in the overall outcome.

117 Governance principle applying to Kāinga Ora acting as consent authority

When Kāinga Ora is performing the functions or exercising the powers of a consent authority under this subpart, it must ensure that, so far as is practicable, the responsibility and processes relevant to its regulatory responsibilities are separated from the responsibility and processes for non-regulatory decision making.

118 Certain obligations to post-settlement governance entities continue under this Act

(1)

If Kāinga Ora is the consent authority for a project area that includes land subject to a statutory acknowledgement, deed of recognition, or overlay classification granted by a Treaty settlement, that consent authority is subject to the same obligations as apply to the consent authority or other party under the Treaty settlement.

(1)

This section applies if Kāinga Ora is the consent authority for a project area that includes land subject to a statutory acknowledgement, deed of recognition, or overlay classification under a Treaty settlement Act.

(1A)

The consent authority is subject to the same obligations as apply to the consent authority or other party under the relevant Treaty settlement Act.

(2)

In this section, the terms statutory acknowledgement, deed of recognition, and overlay classification have the meanings given to those terms in the relevant Treaty settlement Act.

Basis of decision making in relation to resource consent applications under this Part

119 Resource consents: decision-making framework

(1)

Every person exercising a power in relation to a resource consent application under this subpart must have regard to the following matters, giving them weight in the order listed, from greater to lesser:

(a)

the project objectives; and

(b)

the matters that arise for consideration under sections 104 to 107 of the Resource Management Act 1991, modified in accordance with subsection (2).

(2)

The modifications referred to in subsection (1)(b) are:

(a)

a reference to Part 2 of the Resource Management Act 1991 is to be read as a reference to subpart 1 of Part 1:

(b)

a reference to a plan or proposed plan is to be read as a reference to a plan as overridden by, added to, or suspended by a development plan:

(c)

a reference to other regulations includes regulations made under this Act.

(3)

Subsection (4) applies if a Treaty settlement Act, Treaty settlement deed, or other iwi participation legislation applying in a project area—

(a)

provides for a Māori entity to prepare, or contribute to, an iwi planning document for a district that is, or overlaps with, a project area and requires the relevant local authority to have regard to that planning document when determining resource consent applications under the district plan:

(b)

provides an obligation for the local authority and a Māori entity jointly to develop criteria to assist local authority decision making in relation to resource consent applications.

(4)

When Kāinga Ora is acting as a consent authority in a project area, Kāinga Ora has the obligations described in subsection (3) as if it were the local authority and the development plan were a district plan.

Application of provisions of Resource Management Act 1991

120 Resource consents required for activities relating to specified development project

(1)

The restrictions applying to activities under sections 9 to 15 of the Resource Management Act 1991 apply, with any necessary modifications, to activities undertaken in a project area under this Act.

(2)

Sections 87AA to 87D of the Resource Management Act 1991 apply, to the extent that they are relevant, to a specified development project, modified as follows:

(a)

a reference to a plan or proposed plan means a plan as overridden by, added to, or suspended by, a development plan; and

(b)

a reference to a consent authority includes a reference to Kāinga Ora.

(3)

The following provisions of the Resource Management Act 1991 apply with the following modifications:

(a)

section 87E (except subsection (6A)):

(b)

section 87F (but subsection (5) is to be read as including Kāinga Ora, unless Kāinga Ora is acting as the consent authority):

(c)

section 87G(6) and (7) must be read as requiring the Court to apply the decision-making framework set out in section 119 of this Act if the Environment Court is determining a new consent application or an application for a change to, or cancellation of, a resource consent.

Resource consent processes

121 Applications for resource consents

(1)

Any person may apply to the consent authority for a resource consent for an activity to be undertaken within a project area.

(2)

An application must be made in the form and manner prescribed under section 88(2) of the Resource Management Act 1991 (with the necessary modifications) and must include—

(a)

information relating to the activity, including information specified by the development plan; and

(b)

an assessment of environmental effects that complies, to the extent that is relevant, with Schedule 4 of that Act (modified to replace a reference to Part 2 of that Act with a reference to subpart 1 of Part 1 of this Act).

Complete applications

(3)

An application is complete if it—

(a)

includes the information required for the assessment of environmental effects (see subsection (2)(b)); or and

(b)

provides the additional information (if any) required by the development plan.

(4)

A consent authority must—

(a)

assess and determine whether an application is complete—

(i)

for any application for a controlled or restricted discretionary activity, within 5 working days of receiving the application:

(ii)

for an application for a discretionary or non-complying activity within the jurisdiction of a territorial authority, within 10 working days of receiving the application; and

(b)

return an incomplete application to the applicant without delay, giving its reasons in writing for determining that the application is incomplete.

(5)

If the applicant lodges the returned application again, it is to be treated as a new application.

(6)

Except as expressly applied in this section, section 88 of the Resource Management Act 1991 does not apply to applications for resource consents made under this section.

122 Processing of applications

(1)

If an application is accepted as complete in accordance with section 121(4), the consent authority must, from the date of that decision, track the processing time of the application.

(2)

Sections 88A to 88E, 89, and 89A of the Resource Management Act 1991 apply to the processing of any resource consent applications in a project area.

(3)

Section 91 of the Resource Management Act 1991 (deferral pending application for additional consents) applies, modified by reading the reference to additional consents under the Resource Management Act 1991 as a reference to additional consents under a development plan or under the Resource Management Act 1991 (see section 91(1)(a) of that Act).

123 Deferral and suspension

Sections 91A to 91C of the Resource Management Act 1991 apply to applications made under this subpart or under the Resource Management Act 1991 for further consents in relation to a project area.

124 Further information may be requested at any time

(1)

A consent authority may at any time, in accordance with section 92 of the Resource Management Act 1991, request further information before hearing an application under this subpart.

(2)

Sections 92A and 92B of the Resource Management Act 1991 apply if a request is made under subsection (1).

125 Notification

(1)

A consent authority must notify applications for resource consents if—

(a)

a provision in the relevant development plan specifies that notification is required; or

(b)

the consent authority determines that notification is required, and the nature of that notification, in accordance with subsection (3).

(2)

However, subsection (1) does not apply if a rule in the development plan, or in a plan as modified by the development plan, precludes notification.

(3)

For activities other than those required to be notified by rules in a development plan, district plan, or regional plan, the consent authority may determine whether to publicly notify an application for a resource consent, applying the relevant provisions of sections 95 to 95G of the Resource Management Act 1991, modified by reading—

(a)

a reference to a district plan as including a reference to a development plan; and

(b)

a reference to a rule as including a reference to a rule in a development plan; and

(c)

the time limits required under subsection (4) instead of those provided for in section 95(2) of the Resource Management Act 1991.

(4)

The consent authority must,—

(a)

for controlled and restricted discretionary activities for land use or subdivision, decide whether to notify within 10 working days after the application is first lodged:

(b)

for all other activities, decide whether to notify within 20 working days after the application is first lodged.

(5)

The consent authority must make its decisions under subsection (3) in accordance with sections 95A and 95B of the Resource Management Act 1991.

(6)

A rule for notification in a district or regional plan under the Resource Management Act 1991 continues to apply if it is not displaced by a provision in the relevant development plan.

Processing non-notified applications

126 Time limits for giving notice of decisions

(1)

For resource consent applications lodged under the development plan but not notified under section 125, a consent authority must give notice of its decision on the application within the following time limits:

(a)

for applications for controlled or restricted discretionary land use or subdivision activities, within 10 working days of the application being first lodged:

(b)

for all other applications, within 20 working days of the application first being lodged.

(2)

A consent authority must issue its decision on an application notified under this subpart within the following time limits:

(a)

if a hearing is held, not later than 15 working days after the last day of the hearing:

(b)

if no hearing is held, not later than 20 working days after the closing date for submissions on the application.

(3)

This section applies instead of section 115 of the Resource Management Act 1991.

Notified applications: submissions

127 Submission process for notified applications

(1)

If an application is given public or limited notification, sections 96 to 99A and 100A of the Resource Management Act 1991 apply, with the necessary modifications, as to—

(a)

who may make a submission:

(b)

service of submissions:

(c)

time limits for serving submissions.

(2)

A consent authority may, at its own discretion, extend the time for making submissions.

(3)

In applying section 100A(2) and (4), if Kāinga Ora has delegated its consenting functions to a local authority, an applicant or submitters are not permitted to request a hearing by a hearings commissioner.

Hearings

128 Receipt and consideration of submissions

(1)

A consent authority must receive and formally consider all submissions lodged in accordance with this Part.

(2)

A public hearing may be held if the applicant or 1 or more submitters request to be heard (so long as subsection (3) does not apply).

(3)

A request under subsection (2) may include a request that Kāinga Ora delegate its functions, powers, and duties relating to a hearing to a hearings commissioner or the local authority, but such a request must be made not later than 5 working days after the closing date for submissions to be received on a notified application.

(4)

Even if no request is made for a hearing, the consent authority may hold a hearing if it considers that a hearing is necessary.

(4A)

Despite subsections (2) to (4), there is no right to a hearing in respect of applications for resource consents for land use or subdivision activities that are controlled or restricted discretionary activities under the district plan as that plan is modified by the development plan.

(5)

However, this section applies subject to section 41D of the Resource Management Act 1991.

129 Hearings

(1)

Sections 101 to 103B of the Resource Management Act 1991 apply to the conduct of a hearing by a consent authority, but with the following modifications:

(a)

in section 101(3) of that Act, notice must also be given to Kāinga Ora, if Kāinga Ora has delegated or transferred its role as a consent authority:

(b)

in section 102(2) of that Act, the reference to the regional council is to be read as a reference to Kāinga Ora, unless the consent authorities with responsibilities for an application agree that another authority should be responsible for notification:

(c)

in section 103B(2)(a) of that Act, the reference to a report prepared under section 42A(1) is to be read as a reference to a report required under this Act.

(2)

Despite anything in section 128, there is no right to a hearing in respect of applications for resource consents for land use and subdivision activities that are controlled or restricted discretionary activities under the district plan or the development plan.

130 Alternate appointments to hear and determine consent applications

If a right is granted under a Treaty settlement Act, Treaty settlement deed, or other iwi participation legislation to a Māori entity to appoint persons to hear and determine resource consent applications, that right continues to apply under this Act to applications that relate to all or part of a project area as if—

(a)

the persons appointed under that Treaty settlement Act, Treaty settlement or deed, or other iwi participation legislation were appointed under this Act; and

(b)

the development plan were the regional or district plan.

Conditions of resource consents

131 Conditions and other obligations

Sections 108 to 111 of the Resource Management Act 1991 apply to resource consents granted under this subpart by a consent authority, but with the following modifications:

(a)

in section 108(10)(a) of that Act, the reference to a plan means a plan as overridden by, added to, or suspended by a development plan:

(b)

in section 108AA(1)(b)(ii) of that Act, the reference to an applicable district or regional rule includes a reference to an applicable rule in the relevant development plan:

(c)

in section 109(3) of that Act, replace the reference to section 171 of the Local Government Act 2002 with a reference to section 274 of this Act.

Decision to be in writing and served on specified persons

132 Form and service of decision

(1)

Sections 113 and 114(1) to (3) of the Resource Management Act 1991 apply, as far as they are relevant, to decisions made on resource consent applications under this subpart, but with the following modifications:

(a)

in section 113(1)(a) of that Act, the reference to relevant statutory provisions includes a reference to the relevant provisions in this Act:

(b)

in section 113(1)(ab) of that Act, a reference to a regional policy statement or a plan is a reference to a regional policy statement or plan, as the case requires, overridden by, added to, or suspended by a development plan:

(c)

section 114(2) of that Act includes service on Kāinga Ora if it is not the consent authority.

(2)

Kāinga Ora must serve a copy of its decision on the relevant local authority.

When resource consents commence

133 Commencement of resource consents

Sections 116 to 119A of the Resource Management Act 1991 (which relate to the commencement of resource consents) apply, as far as relevant, to consents granted under this subpart, including an application subject to the grant of an application to exchange reserve land under the Reserves Act 1977).

Rights of objection and appeal

134 Rights of objection under this Act

(1)

Sections 357 to 358 of the Resource Management Act 1991 (rights of objection and rights of appeal) apply to all rights of objection under this Act as if those sections referred to Kāinga Ora instead of to a territorial authority or requiring authority.

(2)

Any objection must be heard by a hearings commissioner.

135 Appeal rights in relation to resource consents in project area

(1)

The following persons may appeal to the Environment Court against a decision of a consent authority:

(a)

the applicant or consent holder:

(b)

any person who made a submission on the application, but only in relation to matters raised in the submission:

(c)

in relation to a coastal permit for a restricted coastal activity, the Minister of Conservation.

(2)

Kāinga Ora may be a party to any appeal on a resource consent decision that relates to a project area.

(3)

An appeal under subsection (1) is to be treated as if it were an appeal under section 120 of the Resource Management Act 1991.

(4)

Section 121 of the Resource Management Act 1991 applies to an appeal under this section, except that the reference in section 121(1)(c) to the consent authority must be read as including Kāinga Ora if Kāinga Ora is not the consent authority.

(5)

An appeal may be made to the High Court against a decision of the Environment Court, but the appeal may be made only on points of law.

(6)

The High Court is the final court of appeal on matters to which this section applies.

136 Right of appeal against direction given under section 85 of Resource Management Act 1991

Nothing in this Act limits or affects a right of appeal to the High Court on points of law under section 299 of the Resource Management Act 1991 that a person may have against a direction given under section 85 of that Act (which relates to the reasonable use of land that is subject to controls).

Designations

137 Kāinga Ora is requiring authority

(1)

Kāinga Ora is to be treated as being approved as a network utility operator and a requiring authority under section 167 of the Resource Management Act 1991 for the purposes set out in subsection (2). the purpose of carrying out

(a)

certain activities within a project area, in accordance with the requirements of subsection (2); and

(b)

certain activities outside a project area, in accordance with the requirements of subsection (3).

(2)

The purposes are

(a)

to carry out any activity or proposed activity within a project area, if the conditions set out in subsection (3) are satisfied; and

(b)

to undertake any activity or proposed activity outside a project area, if the conditions set out in subsection (4) are satisfied.

(3)

The conditions applying to activities to which subsection (2)(a) applies are that the activity

(a)

is necessary for, or related to, the project objectives for a specified development project; and

(b)

is an activity in which Kāinga Ora

(i)

is in a significant contractual relationship with the developer, operator, or service provider; and

(ii)

has a direct financial interest in the outcome.

(4)

The conditions applying to activities to which subsection (2)(b) applies are that the activity

(a)

is one that

(i)

distributes water for supply, including irrigation; or

(ii)

operates a drainage or sewerage system; or

(iii)

constructs or operates a road or a railway line; and

(b)

is intended to connect to, or support, the development of a specified development project; and

(c)

is necessary for, or related to, achieving the project objectives for a specified development project; and

(d)

is a work in which Kāinga Ora

(i)

is in a significant contractual relationship with the developer, operator, or service provider; and

(ii)

has a direct financial interest in the outcome.

Activities within project area

(2)

If an activity is reasonably necessary for achieving the project objectives of a specified development project, Kāinga Ora may exercise its discretion to be the requiring authority within the project area for the following activities:

(a)

infrastructure:

(b)

community facilities:

(c)

any designation that is to be transferred to a Minister of the Crown.

Activities outside a project area

(3)

Kāinga Ora may exercise its discretion to be the requiring authority outside a project area for the activities listed in subsection (4), if the activities are

(a)

intended to connect to, or support, the development of a specified development project; and

(b)

reasonably necessary for achieving the project objectives for a specified development.

(4)

The activities referred to in subsection (3) are:

(a)

three waters services; and

(b)

land transport within the meaning of the Land Transport Management Act 2003; and

(c)

public transport services within the meaning of the Land Transport Management Act 2003.

(5)

Despite subsection (1), Part 8 of the Resource Management Act 1991 applies with all necessary modifications.

138 Notices of requirements for designations

(1AA)

This section applies only to designations for which Kāinga Ora is not the requiring authority.

(1)

This section and section 140 specify how a designation—

(a)

is incorporated into the development plan for a project area; and

(b)

is altered after its incorporation into a development plan.

(2)

Sections 168 to 186 (but not section 168A or 170) of the Resource Management Act 1991 apply, with the following necessary modifications, as if—

(a)

a reference to Part 2 of the Resource Management Act 1991 were a reference to subpart 1 of Part 1 of this Act; and

(b)

a reference to the territorial authority were a reference to Kāinga Ora, as the context may require; and

(c)

a reference to a rule in sections 168A and section 169 of the Resource Management Act 1991, and in sections 149ZCB, 149ZCC, 149ZCD, 149ZCE, or and 149ZCF of that Act (as applied by sections 168A(1A) and section 169(1) of that Act) included a rule in a development plan; and

(d)

a reference to a district plan were a reference to a development plan; and

(e)

references to both a district and regional plan were references to a plan as overridden by, amended by, or suspended modified by a development plan (see section sections 168A(3)(a)(iv), 171(1)(a)(iv), and 176(2) of the Resource Management Act 1991); and

(ea)

the reference to section 170 in section 169(2) of the Resource Management Act 1991 were a reference to section 140(4) of this Act; and

(f)

the reference to a proposed plan in section 178(3)(e) of the Resource Management Act 1991 were a reference to the draft development plan; and

(g)

a reference to a resolution recommendation of a territorial authority were a reference to a decision of Kāinga Ora; and

(h)

a reference to the process under Schedule 1 of the Resource Management Act 1991 were a reference to the process for preparing a development plan under subpart 2 of Part 2 of this Act; and

(i)

a reference to clause 4 of Schedule 1 of the Resource Management Act 1991 were a reference to this section; and.

(j)

sections 168A(3)(c) and 171(1)(c) of the Resource Management Act 1991 were replaced by the following paragraph:

“(c)

the relevant project objectives, including whether the work and designation are reasonably necessary for achieving those project objectives; and”.

(3)

References to a proposed district plan in sections 175, 176, 177, and 181 of the Resource Management Act 1991 do not apply to designations within the meaning of this subpart.

(4)

Section 168A(1) of the Resource Management Act does not apply, but subsections (1A) to (5) of that section must be applied if Kāinga Ora issues a notice of requirement for a designation within a project area.

(5)

Section 180 of the Resource Management Act 1991 applies, subject to Kāinga Ora, and the responsible Minister, and the relevant territorial authority being advised of a transfer, as well as the Minister for the Environment.

(6)

Section 186 of the Resource Management Act 1991 has no application to land that is protected land under this Act.

139 Further modifications to Part 8 of Resource Management Act 1991

(1)

Despite section 176(1) of the Resource Management Act 1991, Kāinga Ora need not obtain the written permission of another requirement requiring authority to do anything in accordance with a designation held by Kāinga Ora.

(2)

However, the other requiring authority must obtain the permission of Kāinga Ora under section 176(1)(b) of the Resource Management Act 1991 before it does anything in accordance with its designation.

(3)

Subsection (1) does not apply if the designation is for nationally significant infrastructure or a defence area.

(4)

In applying section 177 of the Resource Management Act 1991, a designation for which Kāinga Ora is the requiring authority—

(a)

must be treated as the earliest designation that applies in the project area; but

(b)

must not be treated as having been introduced earlier than an existing heritage order recorded in the district plan that applies in the project area.

(4A)

Subsections (1), (2), and (4) do not apply to designations for nationally significant infrastructure.

(4B)

Section 171(1) of the Resource Management Act 1991 must be applied as if, for the purpose of applying Part 8 of that Act to this subpart, the requiring authority (whether Kāinga Ora or the territorial authority) must have particular regard to

(a)

all the matters set out in that subsection; and

(b)

the relevant project objectives; and

(c)

whether the work and designation are reasonably necessary for achieving those project objectives.

(5)

Section 178(2) to (6) of the Resource Management Act 1991 (Interim effect of requirements for designations) applies, with the necessary modifications if,

(a)

on and from the day on which a notice of requirement is lodged, if a requiring authority gives notice of a the requirement for a modified designation in a project area; or:

(b)

Kāinga Ora includes a designation in the draft development plan for the project area.

(b)

when the draft development plan for a project area is notified under section 76, if Kāinga Ora includes a notice of requirement for a designation in the draft development plan.

140 Approval of Kāinga Ora to lodge notice of requirement for new designations

(1)

This section applies if a local authority or a requiring authority (other than Kāinga Ora) intends to issue a notice of requirement—

(a)

for a designation in a development plan within a project area; or

(b)

to alter an existing designation in a development plan.

(2)

Before a requiring authority may lodge a notice of requirement, the requiring authority must obtain the approval of Kāinga Ora.

(3)

Kāinga Ora has discretion to grant or decline approval, after taking into account—

(a)

subpart 1 of Part 1 and the relevant project objectives; and

(b)

the objectives of the requiring authority for the designation.

(4)

Kāinga Ora must include the requirement in the draft development plan, if—

(a)

the requirements of section 76 for the draft development plan to be notified have been met; and

(b)

the draft development plan is ready to be publicly notified; and

(c)

Kāinga Ora intends to give public notice within 40 working days of receiving notice of a requirement

(5)

If Kāinga Ora does not approve a notice of requirement lodged by a requiring authority under this subpart, the requiring authority may exercise a right of objection to a hearings commissioner under section 134.

(6)

This section does not apply to a notice of requirement for a designation, or alteration to a designation,—

(a)

issued by a Minister of the Crown; or

(b)

for nationally significant infrastructure.

141 Notice of requirement for proposals of national significance

A requiring authority must not lodge a notice of requirement for a designation or to alter a designation with the Environmental Protection Authority under section 145 of the Resource Management Act 1991, unless the notice of requirement relates to nationally significant infrastructure.

(1)

This section applies to a notice of requirement for a designation or to alter a designation that would be wholly or partly within a project area.

(2)

A requiring authority must not lodge a requirement with the Environmental Protection Authority under section 145 of the Resource Management Act 1991 for a designation or to alter a designation unless the designation relates to nationally significant infrastructure.

141A Process applying to new or modified designations after development plan becomes operative

(1)

This section applies if, after the development plan for a specified development project becomes operative under section 86, Kāinga Ora decides

(a)

to establish a new designation within or outside a project area; or

(b)

to alter an existing designation held by Kāinga Ora that applies within or outside a project area.

(2)

In either case, Kāinga Ora must lodge a notice of requirement with the relevant territorial authority in accordance with section 168 of the Resource Management Act 1991.

(3)

Kāinga Ora must state in the notice of requirement to whom the designation is to be transferred.

(4)

Sections 169 to 185 (but not section 175) of the Resource Management Act 1991 apply, with the necessary modifications, to a notice of requirement or designation, as the case may be.

(5)

The modifications to the Resource Management Act 1991 provided in section 138(2)(a), (c), and (f), (3), (5), and (6) apply to a notice of requirement or designation, as the case requires.

(6)

A designation applying wholly within a project area must be included in the development plan that applies in the project area.

(7)

A designation applying wholly outside a project area must be included in the relevant district plan, as required by section 175 of the Resource Management Act 1991.

(8)

If a designation is partly within and partly outside a project area,

(a)

the part of the designation within the project area must be included in the development plan; but

(b)

the part of the designation outside the project area must be included in the district plan.

(9)

A designation referred to in subsection (6), (7), or (8) must be included in a development plan or district plan, as the case requires, without applying section 94 of this Act or Schedule 1 of the Resource Management Act 1991.

Subpart 3—Reserves and conservation interests

142 Kāinga Ora may request that reserve status or conservation interest be revoked

(1)

Kāinga Ora may request that—

(a)

the Minister for Land Information give effect to provisions in a development plan that provide for a specified reserve within the project area to be set apart for the purposes of the specified development project; or

(b)

the Minister of Conservation give effect to provisions in a development plan that provide for a conservation interest in land within the project area to be revoked or cancelled.

(2)

The request must—

(a)

describe the land to which it relates and include any relevant survey plans; and

(b)

identify the provisions in the development plan that provide for the setting apart or revocation or cancellation; and

(c)

include any other information reasonably required by the Minister for Land Information or the Minister of Conservation.

Preconditions if reserve subject of Treaty settlement Act

(3)

Before making a request under subsection (1)(a), Kāinga Ora must

(a)

obtain the written consent of a post-settlement governance entity if

(i)

the land comprising the specified reserve has, under a Treaty settlement Act, been vested in or transferred to the post-settlement governance entity; and

(ii)

the land is still held by the post-settlement governance entity or has been transferred to (and is still held by) the Crown or a local authority:

(b)

obtain and have regard to the views of a post-settlement governance entity if

(i)

the specified reserve is held by a local authority; and

(ii)

the local authority has, under a Treaty settlement Act, entered into a joint management agreement with the post-settlement governance entity in relation to the reserve.

(4)

In this section, joint management agreement means an agreement that provides for the role of a post-settlement governance entity, or a group represented by the entity, in the management of a reserve.

143 Minister must give effect to development plan following request under section 142
Setting apart of reserve

(1)

The Minister for Land Information must, in accordance with a request under section 142(1)(a), give effect to the development plan by giving notice in the Gazette that the specified reserve has been set apart for the purposes of the specified development project.

(2)

Section 82 of the Reserves Act 1977 (application of proceeds of land where reservation revoked) applies to the specified reserve as if its reservation were revoked under section 24 of that Act.

(3)

To the extent that the specified reserve is subject to another enactment that provides for the land’s status as a reserve or relates to the land in its status as a reserve, that enactment ceases to apply to the land when the reserve is set apart.

Revocation or cancellation of conservation interest

(4)

The Minister of Conservation must, in accordance with a request under section 142(1)(b), give effect to the development plan by—

(a)

applying in writing to the Registrar-General of Land to remove any registration or notation of the conservation interest from the record of title for the land; and

(b)

doing anything else necessary to revoke or cancel the conservation interest.

(5)

The Registrar-General of Land must remove a registration or notation of a conservation interest in accordance with an application under subsection (4)(a).

144 Creation, classification, and vesting of reserves

(1)

Kāinga Ora may request that the Minister of Conservation give effect to provisions in a development plan that provide for 1 or more of the following to occur within the project area:

(a)

land to be set apart as a reserve and classified according to its principal or primary purpose (as defined in sections 17 to 23 of the Reserves Act 1977):

(b)

the classification of a reserve to be changeda reserve to be classified according to its principal or primary purpose (as defined in sections 17 to 23 of the Reserves Act 1977):

(c)

a reserve to be vested in any 1 or more persons specified in the development plan.

(i)

a local authority; or

(ii)

Kāinga Ora; or

(iii)

any trustees empowered, by or under an Act or any other lawful authority, to hold and administer the land and spend money on it for the purpose for which the reserve is classified.

(2)

The request must—

(a)

describe the land to which it relates and include any relevant survey plans; and

(b)

identify the provisions in the development plan that provide for the setting apart, classification, or vesting; and

(c)

include any other information reasonably required by the Minister of Conservation.

(3)

The Minister of Conservation must, in accordance with the request, give effect to the provisions of the development plan by publishing 1 or more notices in the Gazette.

(4)

The Reserves Act 1977 applies, with all necessary modifications, to a vesting under this section as if

(a)

the reserve were vested under section 26(1) of that Act; and

(b)

a notice under subsection (3) were a notice under section 26(1) of that Act.

(5)

The Minister of Conservation must, in accordance with the request, give effect to the provisions of the development plan

(a)

by notice in the Gazette, if the land is to be set apart as a reserve:

(b)

by notice under section 16(1) of the Reserves Act 1977, if the reserve is to be classified as anything other than a nature reserve or a scientific reserve:

(c)

by making a recommendation under section 16A(2) of that Act, if the reserve is to be classified as a nature reserve or a scientific reserve:

(d)

by notice under section 26(1) of that Act, if the reserve is to be vested.

(6)

For the purposes of subsection (5), the Reserves Act 1977 applies with all necessary modifications, including that

(a)

sections 16(4), 16A(4), and 26(3) of that Act, and any other preconditions in that Act for the taking of an action described in subsection (5), do not apply; and

(b)

section 26(1) of that Act must be read as enabling a reserve to be vested in any 1 or more persons specified in a development plan.

(7)

If a reserve that is, or is to be, a Crown protected area is to be classified under subsection (5)(b) or (c),

(a)

the Minister of Conservation must, before giving the notice or making the recommendation, refer the proposed name of the reserve, with supporting documentation, to the New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa for review under section 27(3) of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008; and

(b)

subpart 3 of Part 2 of that Act applies accordingly.

Subpart 4—Infrastructure

Preliminary provisions

145 Application of this subpart

(1)

This subpart applies in relation to a specified development project once the project’s development plan becomes operative.

(2)

However, section 184 applies on and from the project’s establishment date.

(3)

Section 169 continues to apply after the specified development project is disestablished.

146 Overview of this subpart

(1)

Broadly, this subpart provides for Kāinga Ora to have—

(a)

functions and powers in relation to roads (the roading powers) if the project’s development plan provides for Kāinga Ora to have the roading powers; and

(b)

powers in relation to non-roading water-related infrastructure (the non-roading water-related infrastructure powers).

(2)

This subpart also contains provisions for bylaw changes related to infrastructure.

Roading powers

(3)

If Kāinga Ora has the roading powers for a specified development project, Kāinga Ora has all of the roading powers (and not just some of them).

(4)

The roading powers relate only to roads within project areas.

Non-roading Water-related infrastructure powers

(5)

Broadly, the non-roading water-related infrastructure powers relate to constructing and altering, but not operating, water supply, wastewater, and drainage infrastructure.

(6)

The non-roading water-related infrastructure powers relate to land and non-roading water-related infrastructure within project areas and, to a degree, outside project areas (see section 156(1)(b)).

Bylaw changes

(7)

Under this subpart, Kāinga Ora has no power to amend, revoke, or make bylaws. However, it may—

(a)

require bylaw changes by way of including them in a development plan; and

(b)

request, and, in some circumstances (see section 179), require bylaw changes after the development plan is operative.

147 Interpretation for this subpart

(1)

In this subpart, unless the context otherwise requires,—

alter includes

(a)

extend, upgrade, replace, connect to, or move:

(b)

disconnect from, demolish, remove, or dispose of (in each case, with or without replacement)

bylaw-making authority, in relation to a bylaw change, means the relevant local authority, road controlling authority, or other statutory authority with the power to make the bylaw change under a specified enactment

controlling authority, in relation to non-roading water-related infrastructure, means the territorial authority or other agency responsible for the operation and maintenance of that non-roading water-related infrastructure

non-roading infrastructure means infrastructure associated with, or necessary for, any of the following:

(a)

the supply of reticulated drinking water:

(b)

sewage and wastewater removal, or treatment, or both:

(c)

stormwater drainage:

(d)

supply of water through water races:

(e)

trade wastes disposal:

(f)

land drainage and rivers clearance

owner, in relation to land that is a road and the exercise of non-roading water-related infrastructure powers, means the person that has jurisdiction over the road (and, if Kāinga Ora has the roading powers in relation to the road, means Kāinga Ora)

relevant territorial authority, in Auckland, includes Auckland Transport.

water-related infrastructure means infrastructure associated with, or necessary for, any of the following:

(a)

the supply of reticulated drinking water:

(b)

wastewater services:

(c)

the supply of water through water races:

(d)

land drainage and rivers clearance.

(2)

A reference to alter or construct includes a reference to—

(a)

carrying out preliminary work associated with those works (for example, design); and

(b)

carrying out work subsequent to those works for the purpose of ensuring operability of those works (for example, testing).

(3)

A reference to something being done on, under, or over any land (including any road) includes a reference to something being done on, under, or over a building on that land.

Roads

148 Meaning of roading powers

In this Act, roading powers means all of the following functions and powers:

(a)

the functions and powers of a local authority and an enforcement authority under the Land Transport Act 1998 for the purposes of prosecuting stationary vehicle offences:

(b)

the functions and powers of a council under Part 21 of the Local Government Act 1974, except—

(i)

the power to name or alter the name of a road under section 319(1)(j) of that Act; and

(ii)

the functions and powers under sections 316(2), 319A, 319B, and 347 to 352 of that Act; and

(iii)

any power to make a bylaw under a provision of that Act or an authorisation gazetted under section 360 of that Act:

(c)

the powers of a council under section 591 of the Local Government Act 1974 (except the power conferred by section 591(1)(a) of that Act):

(d)

the functions and powers of a local authority, a territorial authority, and a controlling authority under Part 4 of the Government Roading Powers Act 1989 (except any power to make a bylaw under a delegation under section 62(1) of that Act, which relates to State highways):

(e)

the functions and powers of a road controlling authority and a local authority under the Land Transport Act 1998 and any regulations or rules made under that Act (except the functions and powers to make bylaws and resolutions under section 22AB of that Act):

(f)

the functions and powers of a public road controlling authority under Part 2 of the Land Transport Management Act 2003 in relation to road tolling schemes.

Compare: 2009 No 32 s 46(1)(a)-(e), (g), (i), and (4)

149 Kāinga Ora has roading powers if stated in development plan

(1)

This section applies only if a development plan for a specified development project states—

(a)

that Kāinga Ora has the roading powers; and

(b)

the date (or a process for determining the date) on and from which Kāinga Ora has the roading powers.

(2)

On and from that date, Kāinga Ora has all of the roading powers in relation to roads within the project area other than roads under the control of the New Zealand Transport Agency.

(3)

The enactments in section 148 under which Kāinga Ora has roading powers apply, for the purposes of this section,—

(a)

as if references in those enactments to a council or other statutory body included references to Kāinga Ora; and

(b)

as if references in those enactments to a district included references to the project area; and

(c)

as if references in those enactments to a scheme plan, an operative district scheme, or a district plan included references to the development plan; and

(d)

with all other necessary modifications.

(4)

Part 4 of the Government Roading Powers Act 1989 applies as if works done or to be done by Kāinga Ora, acting with the roading powers, are local works.

(5)

Section 326 of the Local Government Act 1974 (which relates to betterment arising from creation or widening of a road) applies as set out in section 235.

(6)

Nothing in this section vests ownership of any road, land, or other property in Kāinga Ora or affects the operation of section 316(1) of the Local Government Act 1974.

(7)

Subsection (2) is subject to section 152.

150 Additional functions if Kāinga Ora has roading powers

If Kāinga Ora has the roading powers for roads within a project area, the following are additional functions of Kāinga Ora in relation to the project area:

(a)

to undertake or exercise any transport functions or powers that a relevant territorial authority lawfully delegates to it (for example, management of off-street parking facilities), but not including the functions and powers of a regional council under Part 5 of the Land Transport Management Act 2003 in relation to public transport planning and regulation; and

(b)

without limiting paragraph (a), to undertake or exercise any transport functions or powers expressly conferred on a relevant territorial authority by any enactment (for example, under a local Act) that the relevant territorial authority lawfully delegates to it; and

(c)

to undertake or exercise any functions, powers, and duties in respect of State highways that the New Zealand Transport Agency lawfully delegates to it.

Compare: 2009 No 32 s 45(d)-(f)

151 Kāinga Ora has jurisdiction over roads for which it has roading powers

If Kāinga Ora has the roading powers for roads within a project area,—

(a)

Kāinga Ora has jurisdiction over those roads for the purposes of any enactment; and

(b)

Kāinga Ora is the corridor manager for those roads for the purposes of the Utilities Access Code (which applies to Kāinga Ora with all necessary modifications).

152 Limitations on Kāinga Ora exercising roading powers
Powers of entry

(1)

If, in accordance with a roading power that Kāinga Ora has for a project that provides for a power of entry, Kāinga Ora decides to enter land or a building, subpart 1 of Part 6 applies in relation to the entry.

(2)

Anything in the roading power that is inconsistent with subpart 1 of Part 6 does not apply in relation to the entry.

Disposal of land

(3)

If Kāinga Ora has the roading powers for roads in a project area and decides, under section 345 of the Local Government Act 1974, to dispose of land not required for a road,—

(a)

Kāinga Ora must inform the relevant territorial authority, in writing, of its decision; and

(b)

the relevant territorial authority must dispose of the land in accordance with the requirements of the Local Government Act 1974.; and

(c)

if requested by the relevant territorial authority, Kāinga Ora must reimburse the relevant territorial authority for its administrative costs incurred in undertaking the disposal.

(4)

Unless Kāinga Ora owns the land, nothing in subsection (3) entitles Kāinga Ora to any proceeds from the sale or other disposition of the land not required for a road (and see section 149(6)).

Compare: 2009 No 32 s 48(1), (2)

153 Relevant territorial authority prohibited from performing functions and exercising powers that Kāinga Ora has under section 149(2)

(1)

The relevant territorial authority (or other statutory body) must not perform any function or exercise any power that Kāinga Ora has in accordance with section 149(2).

(2)

Subsection (1) applies unless the board of Kāinga Ora delegates the performance of the function or the exercise of power to the relevant territorial authority in accordance with any power it has to do so.

Compare: 2009 No 32 s 50(1), (3)

154 Jurisdiction in respect of roads defined more widely than in Local Government Act 1974

(1)

Nothing in this subpart—

(a)

limits or affects a relevant territorial authority’s jurisdiction in respect of roads within the meaning of section 2(1) of the Land Transport Act 1998 that are not roads within the meaning of section 315 of the Local Government Act 1974:

(b)

confers jurisdiction on Kāinga Ora in respect of roads within the meaning of section 2(1) of the Land Transport Act 1998 that are not roads within the meaning of section 315 of the Local Government Act 1974.

(2)

This section is to avoid doubt.

Compare: 2009 No 32 ss 52, 56

Non-roading Water-related infrastructure

155 Meaning of non-roading water-related infrastructure powers

(1)

In this Act, non-roading water-related infrastructure powers means the following powers:

(a)

the power to construct any new non-roading water-related infrastructure on, under, or over any land (including any road):

(b)

the power to alter (including to connect to) any non-roading water-related infrastructure that Kāinga Ora does not control.

(2)

For the purposes of subsection (1), alter includes

(a)

extend, upgrade, replace, connect to, or move:

(b)

disconnect from, demolish, remove, or dispose of (in each case, with or without replacement).

156 Kāinga Ora has non-roading water-related infrastructure powers when development plan becomes operative

(1)

On and from the date on which a project’s development plan becomes operative, Kāinga Ora has the non-roading water-related infrastructure powers in relation to existing, and new, non-roading water-related infrastructure—

(a)

within the project area; and

(b)

outside the project area, but only to the extent that existing, or new, non-roading water-related infrastructure connects to or services (or will connect to or service) the project area.

(2)

In the case of private land, the exercise of the non-roading water-related infrastructure powers is subject to the Public Works Act 1981 as to compensation for injurious affection to land.

(3)

Subsection (1) is subject to sections 158 to 166.

(4)

See also section 20(2) (which prohibits the use of powers in this Act in relation to protected land described in that subsection).

(5)

See subpart 1 of Part 6 for related powers of entry.

157 Construction of new water or wastewater water-related infrastructure on, under, or over roads

(1)

This section applies if Kāinga Ora proposes to exercise a non-roading water-related infrastructure power to construct new water or wastewater water-related infrastructure on, under, or over any road.

(2)

The Utilities Access Act 2010 and the Utilities Access Code apply (with any necessary modifications), as if Kāinga Ora were the utility operator of that infrastructure and that infrastructure was water or wastewater infrastructure for the purposes of that Act and Code.

(3)

However, despite anything in the Utilities Access Code, no corridor manager or utility operator may impose conditions that would, or would likely, prevent or unreasonably delay delivery of the project or the project objectives being achieved.

158 Limitations on power to construct new non-roading water-related infrastructure

(1)

Where section 157 does not apply, Kāinga Ora must not exercise a non-roading water-related infrastructure power to construct any new non-roading water-related infrastructure on, under, or over any land unless—

(a)

it has written consent to the works from the owner of the land; or

(b)

it has complied with the requirements in section 159 and—

(i)

the owner and the occupier are treated under section 160 as having consented to the works; or

(ii)

a determination of a hearings commissioner made under section 161 authorises Kāinga Ora to proceed with the works; or

(c)

it is authorised to construct the new non-roading water-related infrastructure in accordance with section 163 (which relates to works described in the development plan).

(2)

This section is subject to subpart 4 of Part 1.

(3)

Subsection (1)(b)(ii) is subject to sections 161(5) and 162.

159 Requirements before constructing new non-roading water-related infrastructure without land owner’s consent

(1)

The requirements referred to in section 158(1)(b) are as follows:

(a)

Kāinga Ora must deposit the following for public inspection at a place within the district in which the works are to be constructed: give public notice of

(i)

a description of the location and nature of the proposed new non-roading water-related infrastructure and the extent of the works required to construct it (including, in the case of works that will affect any land or building, a plan showing how the land or building will be affected) (including a plan); and

(ii)

a description of the extent of the works required to construct it; and

(iii)

any proposed conditions relating to the works; and

(b)

Kāinga Ora must give notice in writing of its intention to construct the works and a copy of the public notice referred to in paragraph (a)

(i)

to the occupier of the land or building unless there is no occupier or, after all reasonable steps have been taken, the occupier cannot be found; and

(ii)

to the owner of the land, if known; and

(c)

Kāinga Ora must include in the notice to the occupier and to the owner a description of how that person may object to the proposed works or the proposed conditions.

(i)

a description of the works, and a statement of what documents referred to in paragraph (a) have been deposited for public inspection, and where those documents are available for public inspection; and

(ii)

how the owner or occupier may object to the proposed works or the proposed conditions; and

(d)

Kāinga Ora must publish on its Internet site a description of the location and nature of the proposed new water-related infrastructure and a statement of where the documents referred to in paragraph (a) are available for public inspection.

(2)

For the purposes of this section and section 158(1)(b), if, after complying with subsection (1)(b)(i) of this section, there is a change of occupier, it is not a requirement to give notice to any subsequent occupier.

Compare: 2002 No 84 Schedule 12 cl 1(a)–(c)

160 When owner and occupier can be treated as having consented

(1)

This section applies if, within 20 working days of giving notice as required by section 159(1)(b) and (c), Kāinga Ora has not received from the occupier or the owner any written notice of objection to the proposed works or the proposed conditions.

(2)

For the purposes of section 158(1)(b)(i), the owner and the occupier are treated as having consented to the works on the conditions set out in the notice.

161 What happens if owner or occupier objects

(1)

This section applies if, within 20 working days of receipt of the notice under section 159(1)(b) and (c), the occupier or the owner (the objector) gives to Kāinga Ora a written notice—

(a)

of objection to the proposed works; or

(b)

that proposes different conditions to apply to the works.

(2)

Kāinga Ora must, if it decides to proceed with the works,—

(a)

appoint a hearings commissioner to first hear the objection or the proposed conditions; and

(b)

give the objector reasonable notice of the day, time, and place of the hearing (which may be held in person or by electronic means).

(3)

The hearings commissioner must conduct the hearing and must, in accordance with subsection (4), make a determination—

(a)

authorising Kāinga Ora to proceed with the works as described in the notice and subject to the conditions in it; or

(b)

authorising Kāinga Ora to proceed with the works, but subject to any conditions that the hearings commissioner determines (whether or not those conditions were proposed); or

(c)

that the works must not proceed.

(4)

If the hearings commissioner is satisfied that failure to proceed with the works would, or would likely, prevent or unreasonably delay delivery of the project or achieving the project objectives, the hearings commissioner must make a determination under subsection (3)(a) or (b).

(5)

Kāinga Ora must not proceed with the works pending the expiry of the time frame for appealing against the decision (see section 162(1)).

Compare: 2002 No 84 Schedule 12 cl 1(d)–(e)

162 Right of appeal against determination of hearings commissioner

(1)

A person (including Kāinga Ora) who is aggrieved by a determination of a hearings commissioner under section 161(3) may appeal to the District Court against the determination within 10 working days of the date of the determination.

(2)

Pending the decision of the court on the appeal, Kāinga Ora must not proceed with the works.

(3)

On the hearing of the appeal, the court, whose decision is final, may, in accordance with subsection (4), confirm, amend, or set aside the determination of the hearings commissioner.

(4)

Section 161(4) applies, with the necessary modifications, to the court in deciding the appeal.

Compare: 2002 No 84 Schedule 12 cl 2–4

163 Construction authorised by development plan

(1)

For the purposes of section 158(1)(c), Kāinga Ora is authorised to construct the new non-roading water-related infrastructure for a project if—

(a)

the draft development plan that was notified under section 76 for the project included the information referred to in section 159(1)(a) in respect of the new non-roading water-related infrastructure; and

(b)

Kāinga Ora gave notice in writing of its intention (subject to approval of the development plan) to construct the new non-roading water-related infrastructure—

(i)

to the occupier of the land or building unless there was no occupier or, after all reasonable steps were taken, the occupier could not be found; and

(ii)

to the owner of the land, if known; and

(c)

Kāinga Ora included in its notice to the occupier and to the owner a copy of the draft development plan and a description of how that person may make submissions on that plan; and

(d)

the development plan describes the following in respect of the new non-roading water-related infrastructure (regardless of whether the details differ from what was included in the draft development plan):

(i)

the location and nature of the proposed new non-roading water-related infrastructure; and

(ii)

a description of the extent of the works required to construct it.

(2)

The authorisation under subsection (1) is an authorisation to construct the works in accordance with the development plan.

(3)

This section does not limit section 158(2).

164 Prohibition on others constructing new non-roading water-related infrastructure without consent of Kāinga Ora

Once the development plan for a specified development project becomes operative, no person other than Kāinga Ora may construct any new non-roading water-related infrastructure on, under, or over land within the project area without the prior written consent of Kāinga Ora.

165 Kāinga Ora responsible for costs of construction

(1)

Kāinga Ora is liable for the cost of the works of any new non-roading water-related infrastructure that it constructs in relation to specified development projects.

(2)

Subsection (1) applies subject to—

(a)

any agreement to the contrary with the relevant territorial authority or any other person:

(b)

any other enactment.

166 Limitations on power to alter non-roading water-related infrastructure Kāinga Ora does not control

(1)

Except where section 157 applies, or unless otherwise agreed with the controlling authority, before Kāinga Ora exercises a non-roading water-related infrastructure power to alter any non-roading water-related infrastructure that it does not control, it must give not less than 20 30 working days’ written notice to the controlling authority.

(2)

The controlling authority may, by notice in writing to Kāinga Ora at least 5 10 working days before the works are proposed to start, set any reasonable conditions relating to the works.

(3)

For the purposes of this section, a condition is reasonable only if it is necessary to ensure—

(a)

that the alterations do not interfere with the operation of the non-roading water-related infrastructure or the system of which that infrastructure forms part, or any interference is minimised; or

(b)

the integrity of that system, for its expected lifetime, is not compromised; or

(c)

that the controlling authority does not breach a requirement of the Utilities Access Code that relates to another utility operator, or an agreement under that Code with another utility operator.; or

(d)

that the alterations will not be contrary to an obligation of the controlling authority that relates to the quality of services and is imposed by

(i)

any enactment; or

(ii)

the existing conditions of any resource consent; or

(iii)

any drinking-water standards (within the meaning of section 69G of the Health Act 1956).

(4)

However, despite subsection (3), a condition is not reasonable in circumstances where—

(a)

the location, nature, and extent of works required for the alterations are described in the development plan; and

(b)

the condition would, or would likely, prevent or unreasonably delay delivery of the project or achieving the project objectives.

(5)

If Kāinga Ora and the controlling authority dispute whether a condition is reasonable or Kāinga Ora otherwise objects to a condition, the matter must be referred to the District Court, and the decision of the court is final.

167 Controlling authority responsible for costs of operating and maintaining non-roading water-related infrastructure

(1)

A controlling authority is liable for the cost of operating and maintaining its non-roading water-related infrastructure within a project area.

(2)

Subsection (1) applies subject to—

(a)

any agreement to the contrary with Kāinga Ora or any other person:

(b)

any other enactment.

168 Requirement to transfer non-roading water-related infrastructure once connected

As soon as practicable after any non-roading water-related infrastructure constructed by Kāinga Ora is connected to a system operated by a controlling authority, the ownership of that infrastructure must be transferred to the controlling authority in accordance with the provisions set out in Schedule 2.

169 Ongoing application of section 181(4) of Local Government Act 2002 to transferred non-roading water-related infrastructure

(1)

Subsection (2) applies in relation to water-related infrastructure that Kāinga Ora constructs, in accordance with this subpart, on or under private land (or under a building on private land).

(2)

Section 181(4) of the Local Government Act 2002 applies in relation to non-roading infrastructure that Kāinga Ora constructs in accordance with this subpart as if that infrastructure was work were constructed under section 181 of that Act.

Nationally significant infrastructure

170 Duty of Kāinga Ora relating to works likely to affect nationally significant infrastructure

Before doing any work relating to a specified development project that will, or is likely to, affect nationally significant infrastructure, Kāinga Ora must consult the operator of that infrastructure and obtain its written consent.

Bylaw changes

171 Meaning of bylaw change

In this Act, bylaw change means any of the following:

(a)

an amendment to an existing a bylaw:

(b)

the revocation of an existing a bylaw:

(c)

the making of a new bylaw.

172 Power of Kāinga Ora to propose bylaw change

(1)

Once the development plan for a specified development project becomes operative, Kāinga Ora may propose a bylaw change that relates to—

(a)

roads, or junctions with roads, that are within the project area; or

(b)

non-roading water-related infrastructure that is within the project area, or that connects to or services (or will connect to or service) non-roading water-related infrastructure within the project area.

(2)

A bylaw change may be proposed only if—

(a)

Kāinga Ora is satisfied that, in order to achieve the project objectives, it is reasonably necessary to make the bylaw change; and

(b)

the bylaw change is able to be made under a specified enactment.

(3)

See also section 184A(3) (which relates to reviews).

173 Requirements before proposing bylaw change

(1)

Before Kāinga Ora proposes a bylaw change, Kāinga Ora must—

(a)

make the determinations required by section 155(1) and (2) of the Local Government Act 2002, as if Kāinga Ora were a local authority; and

(a)

determine whether a bylaw change is the most appropriate way of addressing the perceived problem; and

(aa)

if Kāinga Ora determines that a bylaw change is the most appropriate way of addressing the perceived problem,

(i)

determine whether the proposed bylaw change is the most appropriate form of bylaw change; and

(ii)

determine that the proposed bylaw change is not inconsistent with the New Zealand Bill of Rights Act 1990; and

(b)

engage with the bylaw-making authority on the proposed bylaw change.

(2)

The purposes of the engagement required by subsection (1)(b) are

(a)

to ensure that the bylaw-making authority is aware that a bylaw change may be proposed; and

(b)

to inform the proposal and assist Kāinga Ora in determining whether it wishes to proceed with the proposal.

Compare: 2002 No 84 s 155

174 Kāinga Ora publicly notifies proposed bylaw change and invites views, etc

(1)

After complying with section 173, Kāinga Ora must give public notice of a proposed bylaw change that it decides to proceed with.

(2)

The public notice must include all of the following:

(a)

as relevant,—

(i)

a draft of the bylaw as proposed to be made or amended; or

(ii)

a statement identifying the bylaw to be revoked; and

(b)

the geographical boundaries of the area where the bylaw change is proposed to apply; and

(c)

a description of when the bylaw change is proposed to come into effect and, if it will be temporary, when it will cease to apply; and

(d)

the reasons for the bylaw change; and

(e)

a statement of the determinations made by Kāinga Ora under section 173(1)(a) and (aa); and

(f)

a statement specifying the enactment under which the bylaw change is able to be made; and

(g)

a statement of whether the bylaw change will be requested or required; and

(h)

a description of how Kāinga Ora will provide persons interested in the bylaw change with an opportunity to present their views to Kāinga Ora; and

(i)

a statement of the period within which views on the bylaw change may be provided to Kāinga Ora (which must be not less than 20 working days from the date of publication of the notice).

(3)

Kāinga Ora must,—

(a)

if the bylaw change will be made under section 22AB of the Land Transport Act 1998, consult with the people listed in section 22AD(2) of that Act; and

(b)

notify any agency that has, or may have, an interest in the bylaw change (for example, network utility operators or regional councils) and invite their comment; and

(c)

provide an opportunity for persons to present their views to Kāinga Ora in a manner that enables spoken (or New Zealand sign language) interaction between the person and Kāinga Ora, including by way of audio link or audiovisual link; and

(d)

ensure that any person who wishes to present their views to Kāinga Ora—

(i)

is given a reasonable opportunity to do so; and

(ii)

is informed about how and when they may take up that opportunity.

(4)

This section does not prevent Kāinga Ora from requesting or considering, before making a decision on the bylaw change, comment or advice from the bylaw-making authority or any other person in respect of the bylaw change or any comment or views on the bylaw change, or both.

175 Minor adjustments to proposed bylaw change

Kāinga Ora may adjust a proposed bylaw change that has been publicly notified without being required to comply with sections 173 and 174 in respect of the adjusted proposal, but only if Kāinga Ora is satisfied that the adjustment is technical or of minor effect.

176 Kāinga Ora may request or require bylaw change

(1)

Kāinga Ora may, after considering comments and views received in accordance with section 174, by notice in writing—

(a)

request the bylaw-making authority to make the bylaw change:

(b)

in the circumstances described in section 179, require the bylaw-making authority to make the bylaw change.

(2)

The notice must include all of the following:

(a)

a draft of the bylaw to be made or amended, or a statement identifying the bylaw to be revoked; and

(b)

the geographical boundaries of the area where the bylaw change will apply; and

(c)

a description of when the bylaw change should come into effect and, if it will be temporary, when it should cease to apply; and

(ca)

a statement specifying the enactment under which the bylaw change is able to be made; and

(d)

a statement as to whether the notice is a request or a requirement.; and

(e)

the date by which Kāinga Ora requests or requires that the bylaw change be made (which must be at least 20 working days after the date on which the notice is given).

177 Notice requesting bylaw change

(1)

If a bylaw-making authority receives a notice under section 176 requesting a bylaw change, it must, within 20 working days of receipt of by the date specified in the notice,—

(a)

make the requested change; or

(b)

advise Kāinga Ora, in writing, that it will not make the requested change and of the reasons why.

(2)

The bylaw-making authority is not required to consult before making the bylaw change or refusing to make it.

(3)

This section applies despite anything to the contrary in any other enactment.

178 Refusal to make requested change does not prevent future requests

A decision by a bylaw-making authority to not make a requested bylaw change does not prevent Kāinga Ora issuing another notice to the bylaw-making authority relating to the same proposed change.

179 Circumstances where Kāinga Ora may require bylaw change

The circumstances in which Kāinga Ora may require a bylaw change are where—

(a)

Kāinga Ora has the roading powers in relation to roads within the relevant project area; and

(b)

the bylaw change relates to the safe and effective operation of roads within or at the boundary of the project area; and

(c)

the public notice of the bylaw change stated, as a reason for the bylaw change, that the proposal relates to the safe and effective operation of roads within or at the boundary of the project area.

180 Notice requiring bylaw change

(1)

A bylaw-making authority who receives a notice under section 176 requiring a bylaw change must make the bylaw change within 20 working days of receipt of by the date specified in the notice.

(2)

Subsection (1) does not apply if the bylaw-making authority determines that the bylaw change cannot be made under the specified enactment (in which case the bylaw-making authority must instead notify Kāinga Ora of that determination by that date).

181 Bylaw-making authority must make bylaw changes required by development plan

If a project’s development plan sets out a bylaw change to be made by a bylaw-making authority, the bylaw-making authority must make the bylaw change as soon as practicable after the plan becomes operative (or as otherwise provided for by the plan).

182 Requirements under other Acts satisfied for making of bylaw changes

(1)

Subsection (2) applies, despite any other enactment, to a bylaw-making authority who is making or considering a bylaw change under this subpart.

(2)

The bylaw-making authority is not required to

(a)

consult before making the change or (in the case of section 177) refusing to make it; or

(b)

consider the views or preferences of people likely to be affected by, or interested in, the bylaw change.

(3)

If a bylaw-making authority makes a bylaw change in accordance with this subpart, any process or consultation requirements that would have applied, under any other enactment, if the bylaw-making authority had initiated the bylaw change are treated as satisfied in respect of the bylaw change (for example, requirements under sections 78, 155(1) and (2), and 156 of the Local Government Act 2002 and section 22AD of the Land Transport Act 1998).

183 Bylaw-making authority must preserve bylaw changes made in accordance with this subpart

A bylaw-making authority must not do any of the following without the prior written consent of Kāinga Ora or as required by law:

(a)

amend or revoke a bylaw change that was made in accordance with this subpart:

(b)

make a new bylaw that would have the effect of defeating a bylaw change made in accordance with this subpart.

184 Bylaw-making authorities must consult Kāinga Ora on certain proposals

On and from the establishment date for a specified development project, a bylaw-making authority must consult with Kāinga Ora on any proposed bylaw change that would affect roads or non-roading water-related infrastructure, or the construction of new roads or new non-roading water-related infrastructure, within or at the boundary of the project area.

184A Review of bylaws by Kāinga Ora and bylaw-making authorities

(1)

This section applies in relation to bylaws made or amended in accordance with section 177, 180, or 181.

(2)

To the extent the bylaw relates to the project area,

(a)

the bylaw-making authority is not required to review the bylaw; and

(b)

Kāinga Ora may at any time review the bylaw, by

(i)

determining whether the bylaw or amendment remains reasonably necessary in order to achieve the project objectives; and

(ii)

if so, making the determinations required by section 173(1)(a) and (aa); and

(c)

Kāinga Ora must review the bylaw as part of any review of the relevant development plan (see section 93).

(3)

The powers and duties to review bylaws that the bylaw-making authority has under other enactments apply, with any necessary modifications (and subject to section 183), to the extent that the bylaw does not relate to the project area.

(4)

If, after or as part of a bylaw review, Kāinga Ora considers that the bylaw or amendment is no longer reasonably necessary in order to achieve the project objectives, Kāinga Ora must propose that the bylaw or amendment be revoked.

(5)

This subpart and (if the bylaw or amendment forms part of the development plan or a review of the development plan) subpart 2 of Part 2 apply, with all necessary modifications, to a proposed bylaw change under subsection (4).

(6)

Subsections (2) and (3) apply despite any other enactment.

Part 4 Funding of specified development projects

Subpart 1—Preliminary provisions

185 Purpose of this Part

(1)

The purpose of this Part is to provide Kāinga Ora with—

(a)

a range of powers to fairly, equitably, and proportionately fund development activities that are carried out to achieve project objectives; and

(b)

the power to recover its actual and reasonable costs incurred in performing or exercising its functions, powers, or duties under subpart 2 of Part 3.

(2)

The powers referred to subsection (1)(a) are the powers to—

(a)

set targeted rates (see subpart 2):

(b)

require development contributions (see subpart 3):

(c)

require betterment payments (see subpart 4):

(d)

fix infrastructure and service charges (see subpart 5 6).

(3)

The power referred to in subsection (1)(b) is the power to fix administrative charges (see subpart 6).

186 Interpretation for this Part

(1)

In this Part, unless the context otherwise requires,—

functions, in relation to the functions of Kāinga Ora or a relevant territorial authority under subpart 2, includes the duties and powers of Kāinga Ora or the authority under that subpart

land has the same meaning as in section 5 of the Local Government (Rating) Act 2002

land transport infrastructure means infrastructure to facilitate transport on land by any means

local government rate means a rate set under the Local Government (Rating) Act 2002

public transport infrastructure means 1 or more of the following:

(a)

bus ways and rail lines (including light rail):

(b)

cycle ways, pedestrian ways, and shared-access ways:

(c)

facilities for infrastructure described in paragraph (a) or (b)

ratepayer means a person described in section 10 of the Local Government (Rating) Act 2002

relevant, in relation to a policy that relates to a targeted rate or development contribution, means the policy set out in the development plan for the specified development project for which—

(a)

the targeted rate is or may be set; or

(b)

the development contribution is or may be required

service connection means a physical connection to a service provided by, or on behalf of, Kāinga Ora, its subsidiary a Crown entity subsidiary of Kāinga Ora, or another person undertaking the development

subpart, in relation to subpart 2 of this Part, includes the provisions of the Local Government (Rating) Act 2002 to the extent they are applied by that subpart to targeted rates

targeted rate means a rate set under section 193

targeted rates order means an Order in Council made under section 190.

(2)

A Unless the context otherwise requires, a term used in this Part has the same meaning as in section 5 of the Local Government (Rating) Act 2002 if the term—

(a)

is defined in that section; and

(b)

is not defined in this Part or in another provision of this Act that applies to this Part.

Subpart 2—Targeted rates

187 Application of Local Government (Rating) Act 2002: modifications General modifications to Local Government (Rating) Act 2002 when applied

When a section in this subpart applies 1 or more provisions of the Local Government (Rating) Act 2002 to targeted rates under this Act, the specified provisions of that Act apply with all necessary modifications, including the following:

(a)

a reference to a rate must be read as a reference to a targeted rate under this Act:

(b)

a reference to a local authority must be read as a reference to a relevant territorial authority:

(c)

any particular modifications specified in the section that applies the provisions of that Act.

188 What is rateable?

Land in a project area is rateable for targeted rates under this Act to the extent that it is rateable under sections 7 and 8 to 9 of the Local Government (Rating) Act 2002.

189 Who must pay rates?

(1)

The ratepayer for a rating unit is liable to pay any targeted rates that are due on the rating unit.

(2)

However, a person other than the ratepayer may become liable to pay the rates in the circumstances set out in section 61, 62, or 96 of the Local Government (Rating) Act 2002 (see sections 205 and 210).

Compare: 2002 No 6 s 12

How are rates authorised?

190 Order in Council may authorise Kāinga Ora to set rates

(1)

The Governor-General may, by Order in Council made on the recommendation of the responsible Minister, authorise Kāinga Ora to set targeted rates for a project area.

(2)

The Minister must not recommend the making of an order unless satisfied that—

(a)

the specified development project has a development plan that provides for Kāinga Ora to set targeted rates; and

(b)

the matters specified in the order in accordance with section 191 are not materially different from those in the development plan; and

(c)

the order authorises targeted rates to fund activities or groups of activities only to the extent that they are not already funded by local government rates or another levy.

Examples

Example 1

A local authority has set a targeted rate to fund roading in a part of its district that is outside a project area.

The order may authorise Kāinga Ora to set a targeted rate to fund roading within the project area. That rate may apply to rating units within the project area regardless of whether they are also subject to the local authority’s targeted rate.

Example 2

A portion of the general rate set by a local authority is used to fund a wastewater system that serves the authority’s entire district.

A specified development project will upgrade the part of the system that serves the project area.

The order may authorise Kāinga Ora to set a targeted rate that is sufficient only to fund the upgrade. The general rate continues to fund the general maintenance and operation of the wastewater system in the project area.

(3)

Despite subsection (2)(b), the Minister may recommend that a targeted rates order—

(a)

specify a rate that is not provided for in the development plan if that is permitted by section 192:

(b)

specify matters that are different from those in the development plan if that is needed to comply with subsection (2)(c) (for example, by specifying a lower maximum amount of revenue that may be recovered from a rate).

(4)

In this section, levy

(a)

means a requirement imposed by or under an enactment on 1 or more persons, or classes of person, to pay money for the purpose of funding matters that are specified in or under an enactment; and

(b)

does not include a requirement to pay a fee to fund the cost of providing a good or service to the person paying the fee.

191 Content of targeted rates order

A targeted rates order must specify—

(a)

the project area to which the order applies; and

(b)

the financial years to which the order applies; and

(c)

for each targeted rate, the matters set out in section 65(1).

192 Rates required for unforeseen or and urgent circumstances

(1)

A targeted rates order may specify a targeted rate that is not provided for in a development plan if—

(a)

Kāinga Ora the responsible Minister is satisfied that the rate is required to meet an unforeseen and urgent need for revenue that cannot reasonably be met by any other means, having regard to the manner in which Kāinga Ora has, in the development plan, allocated the costs of the activities or groups of activities to which the need for revenue relates; and

(ab)

the responsible Minister has had regard to the extent to which it will be reasonably practicable for each relevant territorial authority to carry out its functions under this subpart in relation to the rate; and

(b)

Kāinga Ora has given at least 14 days’ public notice of its intention to set the rate the proposed rate.

(2)

A notice under subsection (1)(b) must include—

(a)

the information in relation to the rate that would otherwise have been required to be included in the development plan; and

(b)

a statement of the nature of the unforeseen and urgent need for revenue and the reasons why that need cannot reasonably be met by any other means, having regard to the manner in which Kāinga Ora has, in the development plan, allocated the costs of the activities or groups of activities to which the need for revenue relates.

Compare: 2002 No 6 s 23(3), (4)

How are rates set?

193 Kāinga Ora may set rates for financial year Procedure for setting rates

(1)

Kāinga Ora may, by written resolution, set a targeted rate in accordance with the terms of a targeted rates order.

(2)

Each rate must—

(a)

relate to a financial year or part of a financial year; and

(b)

be consistent with—

(i)

the development plan for the specified development project; and

(ii)

the project’s annual budget for the financial year.

(2A)

In setting each rate, Kāinga Ora

(a)

must seek the views of each relevant territorial authority on the costs that the authority is likely to incur in carrying out its functions under this subpart in relation to the rate; and

(b)

may set the rate at an amount that Kāinga Ora considers will allow for each relevant territorial authority to recover those costs (see section 199B).

Application of local government Acts to setting of targeted rates

(3)

The following provisions of the Local Government (Rating) Act 2002 apply for the purposes of setting a rate under subsection (1):

(a)

section 20 (rating units in common ownership)