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