Urban Development Bill

  • enacted

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: