Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698843053282.pdf (New Zealand)
Urban Development Bill Government Bill As reported from the Environment Committee Commentary Recommendation The Environment Committee has examined the Urban Development Bill and recom- mends 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 com- plex 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 legisla- tive 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 pro- ject (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 intro- duced.

We do not discuss all minor, technical, or consequential amendments.
197—2 2 Urban Development Bill Commentary 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 prin- ciples 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 per- forming 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 modifica- tions 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 inter- est in a project area or a proposed project area”.
We do not consider it neces- sary 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 Commentary Urban Development Bill 3 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 Communi- ties 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 rec- ommend 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 exis- tence 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 speci- fied 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 cer- tain 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.
4 Urban Development Bill Commentary 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 stat- ing in clause 23 that the Minister would not be permitted to approve a draft develop- ment 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 consult- ation 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 var- iety 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: Commentary Urban Development Bill 5 • • • 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 selec- ted 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 con- straints 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 cul- tural 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 “rele- vant infrastructure operators”, but only if Kāinga Ora has identified that the infra- structure 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.
6 Urban Development Bill Commentary 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 stake- holders 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 poten- tial 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 engage- ment 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.
Commentary Urban Development Bill 7 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 oppor- tunity 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 amend- ment 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 pro- posed 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 stakehold- ers as would normally be required by clause 35.

8 Urban Development Bill Commentary 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 intro- duced, which we propose deleting.

This includes stipulating that, after an SDP’s establishment, Kāinga Ora must prepare a development plan, and any applicable sup- porting 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 Manage- ment 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 engag- ing with Māori and key stakeholders identified during the project assessment process under clause 35.
Commentary Urban Development Bill 9 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 facil- ities, 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 with- out 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 devel- opment 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.

10 Urban Development Bill Commentary We recommend amending clause 69(1) to include a requirement to consider any spa- tial 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 rele- vant 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 occur- red earlier in the SDP process.
We have proposed a new clause 61 that more appropri- ately sets out engagement requirements for the drafting of a development plan.

There- fore, 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 docu- ments 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 recom- mend 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.
Commentary Urban Development Bill 11 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 notifi- cation 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 pro- vision 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 cer- tain matters when making decisions relating to subclauses (6) and (7).

We rec- ommend 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.
12 Urban Development Bill Commentary 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 hear- ings 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 sub- clause (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.
Commentary Urban Development Bill 13 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 consult- ation 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 conserva- tion 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 appli- cations 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 man- 14 Urban Development Bill Commentary aged 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 trans- port, or public transport, as long as they were related to an SDP.

Commentary Urban Development Bill 15 Clause 139 Clause 139 provides some exceptions to the requirements of the RMA.

We recom- mend 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 exist- ing 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 recom- pensed for the administrative costs associated with the disposal of the land, if reques- ted.

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.
16 Urban Development Bill Commentary 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 infrastruc- ture 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 con- sent, 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.

Sub- clause (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.
Commentary Urban Development Bill 17 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 amend- ing clause 193 to specify that Kāinga Ora must seek the view of the territorial author- ity 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 ratepay- ers.

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.

18 Urban Development Bill Commentary 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 develop- ment 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 con- tributions 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, Commentary Urban Development Bill 19 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 com- pensation 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 pro- posed new clause is consistent with the relevant sections in the Public Works Act.

20 Urban Development Bill Commentary 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 Minis- ter 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.

Commentary Urban Development Bill 21 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 sub- ject 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 respect- ive 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 develop- ment plan could continue after the disestablishment of an SDP as long as they came within certain provisions of the Resource Management Act.
We recommend amend- ing 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 dises- tablishment order came into effect.

22 Urban Development Bill Commentary Schedule 3—Independent hearings panel Schedule 3 sets out the requirements and functions of the IHP, including how mem- bers 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 sup- port 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 author- ity 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 hous- ing 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.


Commentary Urban Development Bill 23 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 dis- persed among multiple organisations and Acts as well as incorporating new require- ments 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 import- ant 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 devel- oper, 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.
1 Submission of the Urban Development Institute of New Zealand (UDINZ), para 1.6.

24 Urban Development Bill Commentary 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 Min- istry 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.
Urban Development Bill Key to symbols used in reprinted bill As reported from a select committee text inserted by a majority text deleted by a majority Hon Phil Twyford Urban Development Bill Government Bill Contents Title Commencement Part 1 Preliminary provisions Subpart 1—Purpose and principles Purpose of this Act Treaty of Waitangi Specified development projects Principles for specified development projects Subpart 2—Overview of this Act Overview of this Act Overview of provisions about specified development projects Overview of provisions about urban development by Kāinga Ora generally Subpart 3—Interpretation and application Interpretation Interpretation Meaning of urban development, urban development project, and specified development project Examples do not limit provisions Application Transitional, savings, and related provisions Act binds the Crown 197—2 Page 14 15 15 15 15 16 16 17 17 30 31 31 31 1 Urban Development Bill 18A 19 19A Application of Resource Management Act 1991 to project areas Housing Act 1955 not limited Heritage New Zealand Pouhere Taonga Act 2014 prevails Te Ture Whenua Maori Act 1993 prevails Marine and Coastal Area (Takutai Moana) Act 2011 prevails Other enactments Application of other enactments Treaty settlement obligations prevail Subpart 4—Restrictions on developing certain land Application of sections 20 to 22 Protected land Former Māori land RFR land Protected When protected land, former Māori land, and RFR land may
 be included in project area and development plan Land that may be needed for settlement of historical Treaty of Waitangi claims Subpart 5—Miscellaneous Engagement 24A Engagement requirements General duties Duty to co-operate Duty to avoid unreasonable delay Judicial review Judicial review rights Part 2 Specified development projects Subpart 1—How specified development projects are established General provisions Key features of specified development projects Project objectives Criteria for establishing
 specified development project Project selection Kāinga Ora or joint Ministers select project Status of ministerial direction Project assessment Kāinga Ora assesses project Kāinga Ora identifies constraints and opportunities Urban Development Bill Kāinga Ora seeks engagement, etc, engages with Māori and key stakeholders Early engagement may satisfy obligation to engage Project areas that include specified conservation-related area Kāinga Ora gives public notice of proposed key features and invites feedback Changes to proposed key features Project assessment report Kāinga Ora prepares project assessment report Contents of report: recommendation to establish specified development project Contents of report: recommendation not to establish Territorial authorities invited to indicate support Territorial authorities must respond to invitation Territorial authority not required to consult before responding Joint Ministers’ decision Joint Ministers make decision on report Decision to establish specified development project Decision to refer back report Decision not to establish project as specified development project Project established as specified development project Orders in Council establishing specified development projects Effect of establishment order Kāinga Ora must notify relevant local
 authorities of establishment order Kāinga Ora must publish details of specified development projects on Internet site Hearings commissioners Appointment of hearings commissioners Amendments, transfer, and disestablishment Amendments to key features of specified development projects Orders in Council amending establishment orders Transfer and disestablishment Subpart 2—Preparation of development plans 58 58A 59 60 Application of this subpart Development plan required for every specified development project
 Functions of Kāinga Ora in preparing, amending, or reviewing development plan Relevance of certain national instruments 42 44 44 45 45 46 46 47 48 48 49 49 49 50 50 51 51 52 52 52 53 54 54 54 54 55 55 3 Urban Development Bill Development plan required for every specified development project In preparing development plan, Kāinga Ora to be sufficiently informed Contents of Requirements for development plan Contents of draft development plan Further contents of development plan: infrastructure Further contents of development plan: funding Further contents of development plan: targeted rates Provisions that modify planning instruments Inclusion of designations in draft development plan Existing designations for nationally significant infrastructure and defence areas Existing designations that are not for nationally significant infrastructure that is not nationally significant or defence area New designations may be included before notification of draft development plan Preparation of development plan Relevant considerations Documents and other matters relevant to preparation of development plan Consultation Documents to support contents of development plan Supporting documents Evaluation report: general matters Evaluation report: environmental matters Evaluation report: infrastructure Infrastructure statement Process for finalising notifying draft development plan Preconditions to be met before draft development plan notified Public notice Public submissions Kāinga
 Ora must consider, and make recommendations on, submissions Establishment and role of IHP Establishment of IHP Role Purpose and role of IHP Considerations relevant to IHP’s recommendations IHP recommendations Minister’s decision on draft development plan Kāinga Ora must advise responsible Minister on IHP recommendations 68A 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 4 84 85 86 87 88 89 90 91 92 93 94 95
 96 97 98 99 100 101 102 103 104 Urban Development Bill Minister’s determination on draft development plan Matters Minister must consider Final approval and notification of development plan Approval and notification of development plan as operative Notice to Māori entities Appeals Appeal rights in relation to development plan Effect of development plan Effect of development plan becoming operative Continuing application of planning instruments in project area When development plan and planning instruments may be inconsistent Status and relevance of iwi planning documents Review and amendment of development plans Review of development plan by Kāinga Ora Amendment of development plan by Kāinga Ora Private plan change to development plan Requests for private changes to development plans Process for requesting private change to development plan Part 3 Effect of specified development projects Subpart 1—Transitional period and general Overview of this subpart Planning and consenting: general Continuing application of planning instruments and role of local authorities in project area as consent authorities Local authorities must include map of project area, etc, in planning instruments Local authority may transfer consenting functions to Kāinga Ora Regional or district plan changes in transitional period Local authority preparing or changing plan must have regard to certain additional matters Relevant local authority must notify Kāinga Ora before final consideration of
 plan change Power to decline plan change in project area by notice 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 Urban Development Bill Resource consent applications, etc, received by local authority as consent authority What consent authority must do with
 relevant applications Power to decline relevant applications or impose or modify conditions on grants Right of objection in relation to exercise of section 106 power Appeal rights in relation to exercise of section 106 power Assistance, information, advice, and record-keeping: project duration Kāinga Ora and territorial authorities must assist persons seeking to determine who does what Information, advice, and record-keeping obligations from establishment Powers of Kāinga Ora to obtain information Entity must respond to request under section 111 Reasons for refusing to supply requested information Additional reasons for refusal by relevant local authorities 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 Role of Kāinga Ora in relation to resource consent applications 116 116A Monitoring and enforcement of subdivision consents 117 117 When delegation required Governance principle applying to Kāinga Ora acting as consent authority Certain obligations to post-settlement governance entities continue under this Act 118 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 Resource consents required for activities relating to specified development project Resource consent processes Applications for resource consents Processing of applications Deferral and suspension Further information may be requested at any time Notification Urban Development Bill Processing non-notified applications 126 Time limits for giving notice of decisions 127 Submission process for notified applications Notified applications: submissions Hearings 128 129 130 Receipt and consideration of submissions Hearings Alternate appointments
 to hear and determine consent applications 131 Conditions and other obligations Conditions of resource consents Decision to be in writing and served on specified persons 132 Form and service of decision 133 Commencement of resource consents When resource consents commence Rights of objection and appeal Rights of objection under this Act Appeal rights in relation to resource consents in project area Right of appeal against direction given under section 85 of Resource Management Act 1991 Designations Kāinga Ora is requiring authority Notices of requirements for designations Further modifications to Part 8 of Resource Management Act 1991 Approval of Kāinga Ora to lodge notice of requirement for new designations Notice of requirement for proposals of national significance Process applying to new or modified designations after development plan becomes operative Subpart 3—Reserves and conservation interests Kāinga Ora may request that reserve status or conservation interest be revoked Minister must give effect to development plan following request under section 142 Creation, classification, and vesting of reserves Subpart 4—Infrastructure Preliminary provisions Application of this subpart Overview of this subpart Interpretation for this subpart 134 135 136 137 138 139 140 141 141A Urban Development Bill Roads Meaning of roading powers Kāinga Ora has roading
 powers if stated in development plan Additional functions if Kāinga Ora has roading powers Kāinga Ora has jurisdiction over roads for which it has roading powers Limitations on Kāinga Ora exercising roading powers Relevant territorial authority prohibited from performing functions and exercising powers that Kāinga Ora has under section 149(2) Jurisdiction in respect of roads defined more widely than in Local Government Act 1974 Non-roading Water-related infrastructure Meaning of non-roading water-related
 infrastructure powers Kāinga Ora has non-roading water-related infrastructure powers when development plan becomes operative Construction of new water or wastewater water-related infrastructure on, under, or over roads Limitations on power to construct new non-roading water-related infrastructure Requirements before constructing new non-roading water-related infrastructure without land owner’s consent When owner and occupier can be treated as having consented What happens if owner or occupier objects Right of appeal against determination of hearings commissioner Construction authorised by development plan Prohibition on others constructing new non-roading water-related infrastructure without consent of Kāinga Ora Kāinga Ora responsible for costs of construction Limitations on power to alter non-roading water-related infrastructure Kāinga Ora does not control Controlling authority responsible for costs of operating and maintaining non-roading water-related infrastructure Requirement to transfer non-roading water-related infrastructure once connected Ongoing application of section 181(4) of Local Government Act 2002 to transferred non-roading water-related infrastructure Nationally significant infrastructure Duty of Kāinga Ora relating to works likely to affect nationally significant infrastructure Bylaw changes Meaning of bylaw change Power of Kāinga Ora to propose bylaw change 111 112 113 113 113 114 114 114 115 115 115 116 117 117 118 118 119 119 119 120 120 120 121 121 121
Urban Development Bill Requirements before proposing bylaw change Kāinga Ora publicly notifies proposed bylaw change and invites views, etc Minor adjustments to proposed bylaw change Kāinga Ora may request or require bylaw change Notice requesting bylaw change Refusal to make requested change does not prevent future requests Circumstances where Kāinga Ora may require bylaw change Notice requiring bylaw
 change Bylaw-making authority must make bylaw changes required by development plan Requirements under other Acts satisfied for making of bylaw changes Bylaw-making authority must preserve bylaw changes made in accordance with this subpart Bylaw-making authorities must consult Kāinga Ora on certain proposals Review of bylaws by Kāinga Ora and bylaw-making authorities Part 4 Funding of specified development projects Subpart 1—Preliminary provisions Purpose of this Part Interpretation for this Part Subpart 2—Targeted rates Application of Local Government (Rating) Act 2002: modifications General modifications to Local Government (Rating) Act 2002 when applied What is rateable?
Who must pay rates?

How are rates authorised?

Order in Council may authorise Kāinga Ora to set rates Content of targeted rates order Rates required for unforeseen or and urgent circumstances How are rates set?
Kāinga Ora may set rates for financial year Procedure for setting rates Kāinga Ora may set rates again within same financial year Rates may cover costs of collection and recovery Procedural requirements for rates resolution Due date or dates for payment 173 174 175 176 177 178 179 180 181 182 183 184 184A Urban Development Bill How are rates spent?
198 198A When excess rates are refunded to ratepayers How rates may be spent Calculation, payment, and recovery of rates Territorial authorities to collect rates for Kāinga Ora 198B 199 199A 199B 199C Kāinga Ora to notify rates resolution to relevant territorial authority Relevant territorial authority to collect rates Relevant territorial authority to pay rates revenue to Kāinga Ora Relevant territorial authority may retain some rates revenue to cover costs Relevant territorial authority to retain and refund rates revenue if maximum is exceeded Process for calculation, payment, and recovery of rates Rates must be calculated in accordance with values and factors Notice of rates assessment Contents of rates assessment Rates invoice Penalties on unpaid rates 200 201 202 203 204 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 Remission of rates Recording remitted rates Postponement of requirement to pay rates Application of Local Government (Rating) Act 2002: postponed rates Rating of Māori freehold land Application of Local Government (Rating) Act 2002: rating of Māori freehold land Rating information database and rates records Rating information database to include information on targeted rates Rates records to include information on targeted rates Kāinga Ora and relevant territorial authority to share rating information Application of Local Government (Rating) Act 2002: rating information
 database and rates records Application of Local Government (Rating) Act 2002: rating information database and rates records 206 207 208 209 210 211 212 213 214 214A 10 132 133 133 134 134 134 134 135 135 136 136 137 137 138 139 139 139 139 140 140 141 141 141 142 Urban Development Bill Other matters 215 216 217 218 219 220 221 222 223 224 225 226 227 Kāinga Ora may assume functions, etc, of relevant territorial authority Relevant territorial authority may delegate to its chief executive, etc Application of
 local government Acts: other matters Subpart 3—Development contributions Principles for development contributions Meaning of development Kāinga Ora may require development contributions Determining amount of development contributions Manner in which development contributions may be required Limits on power to require development contributions Reconsiderations and objections Right to reconsideration of requirement for development contributions Objection to development contributions Procedure for objection to development contributions Costs of development contributions objections Other matters Use of development contributions 227A 228 229 Use of development contributions by Kāinga Ora Use of development contributions for reserves Alternative uses of development contributions for reserves Other matters Consequences if development contributions unpaid Refund of development contributions if developments do not proceed Refund of development contributions if not used for reserve purposes Development agreements Review of development contributions policy Transfer of previous development contributions to Kāinga Ora Subpart 4—Betterment payments Betterment arising from forming or widening road Betterment arising from public transport infrastructure Betterment revenue must be used for land roads or public transport infrastructure Subpart 5—Infrastructure and service charges Kāinga Ora may fix infrastructure and service charges Adjustment of infrastructure and service charges 230
 231 232 233 234 234A Urban Development Bill Subpart 6—Administrative charges Charges for infrastructure, services, and administration Infrastructure and service charges 239A Kāinga Ora may fix infrastructure and service charges 240 241 242 242A 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 Administrative charges Kāinga Ora may fix administrative charges
 Considerations when fixing or imposing administrative charges Kinds of administrative charges All charges under this subpart Application of sections 243 to 246 Waiver or remission of administrative charges No action until administrative charges are paid Publication of administrative charges Adjustment of administrative charges Part 5 General land acquisition powers Subpart 1—Preliminary provisions Overview of this Part Interpretation for this Part Meaning of specified work Subpart 2—Transfer and acquisition of land Kāinga Ora may request that Minister for Land Information transfer or acquire land Existing public work Crown land and common marine and coastal area Private and other land Procedure in certain cases Procedure for transfer of Crown-owned land Crown agent’s right of objection limited if taking is for specified development project Compensation and other matters Compensation may be claimed Alternative compensation may be agreed Crown may recover costs from Kāinga Ora Registrar-General must note that land held for specified work Subpart 3—Transfer of land to developer Dealing with land acquired under this Part 259A Kāinga Ora may grant leases, easements, etc Leases, easements, etc 12 155 155 156 156 158 158 158 158 159 159 160 161 162 163 163 163 164 165 165 166 166 166 166 Urban Development Bill Transfer of land to developer Kāinga Ora may transfer land to developer Preconditions for transfer of land to developer Right of resumption Registrar-General of Land must note right of resumption Removal of notation recording right of resumption When right of resumption may be exercised How right of resumption is exercised Subpart 4—Disposal of land no longer under development and setting apart of land acquired under this Part Restrictions on disposal of land under this subpart: Māori interests Restrictions on disposal or setting apart of land under this subpart: conservation matters Disposal of land if certain specified work completed Disposal of land no longer
 required for specified work Land may be set apart for different specified work Land may be disposed of Disposal of land for public work Setting apart of land for different specified work Subpart 5—Transfer or disposal of former Māori land Rules for transferring or disposing of former Māori land 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 Meaning of authorised person Power to enter land and buildings Limits on powers of entry: timing and excluded properties Notice of entry Other requirements when exercising power of entry Appointment of authorised persons Offence to obstruct authorised person Subpart 2—Project governance Interpretation for this subpart Meaning of committee Application of sections 282 and 283 Factors relevant to decisions on governance of urban development projects Types of project governance bodies 260 261 262 263 264 265 266 266A 266B 267 268 269 270 270A cl 1 284 285 284 286 287 288 289 290 291 292 293 294 295 Urban Development Bill Specified development projects with support of territorial authorities from outset Supporting territorial authorities may nominate for appointment to certain committees and boards What Kāinga Ora or its board must do with nominations Specified
 development projects: certain types of project governance bodies Supporting territorial authorities Removal of nominated persons Administrative Kāinga Ora must publish appointments of project governance bodies Provision applying if period where no project governance body appointed for specified development project Subpart 3—Delegations Kāinga Ora must have policy on delegating functions and powers Duty of Kāinga Ora relating to delegated functions and powers Functions and powers that may not be delegated outside
 Kāinga Ora Development plan for specified development project may approve delegations Certain delegations subject to relevant territorial authority approval Amendment Amendments to Kāinga Ora–Homes and Communities Act 2019 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 179 179 179 181 181 181 181 182 182 182 183 183 183 184 185 191 203 The Parliament of New Zealand enacts as follows: 1 Title This Act is the Urban Development Act 2019.
14 Urban Development Bill Part 1 cl 5 2 (1) Commencement 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 (1) Purpose of this Act 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) (b) (c) provides a mechanism to streamline and consolidate processes for selec- ted urban development projects initiated, facilitated, or undertaken by Kāinga Ora–Homes and Communities (referred to in this Act as Kāinga Ora); and provides powers for the acquisition, development, and disposal of land used for the purpose of Kāinga Ora performing its urban development functions; and 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 exer- cising powers under it must take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).
Specified development projects 5 (1) Principles for specified development projects In achieving the purpose of this Act, all persons performing functions or exer- cising 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,— 15 Part 1 cl 6 Urban Development Bill (i) (ii) (iii) (iv) (v) integrated and effective use of land and buildings; and quality infrastructure and amenities that support community needs; and efficient, effective, and safe transport systems; and access to open space for public use and enjoyment; and 5 low-emission urban environments; and (b) promote the sustainable management of natural and physical resources and, in doing so,— (i) (ii) (iii) recognise and provide for the matters in section 6 of the Resource Management Act 1991; and 10 have particular regard to the matters in section 7 of that Act; but 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 15 Overview of this Act This Act is related to the Kāinga Ora–Homes and Communities Act 2019, which, among other things,— (a) (b) establishes Kāinga Ora; and gives it functions that include initiating, facilitating, and undertaking urban development.

20 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 cat- egories, as follows: (a) (b) those that apply only to projects that are established as specified devel- opment projects (see Parts 2 to 4); and 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).
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.
Overview of provisions about specified development projects Part 2 provides for— (a) how an urban development project is established as a specified develop- ment project (see subpart 1 of Part 2 and, for the definition of urban development project, section 10(3)); and 25 30 35 6 (1) (2) (3) 7 (1) 16 Urban Development Bill Part 1 cl 9 (b) once the project is established, the project’s development plan to be pre- pared 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— 5 (a) (b) (c) (d) resource consenting and designations under the Resource Management Act 1991 (see subpart 2 of Part 3): the use and reconfiguration of reserves, and the use of land that is sub- ject to conservation interests (see subpart 3 of Part 3): certain infrastructure (roads, water supply, wastewater, and drainage) and the changing of infrastructure-related bylaws (see subpart 4 of Part 3): rating and other funding powers (see Part 4).
(3) Most of subpart 1 of Part 3 deals with the period that starts on the establish- ment 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).

10 15 (4) See also— (a) section 51(1) for an overview of the effect of a specified development project being established; and 20 (b) section 89 as to the effect of a development plan becoming operative.
8 (1) (2) Overview of provisions about urban development by Kāinga Ora generally Parts 5 and 6 apply to urban development initiated, facilitated, or undertaken by Kāinga Ora (including specified development projects).
The functions, powers, rights, and duties set out in those Parts broadly relate to— 25 (a) (b) (c) (d) the acquisition of land (including by compulsion) (see Part 5): powers to enter land and buildings (see subpart 1 of Part 6): the governance of projects (see subpart 2 of Part 6): 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,— 30 35 17 Part 1 cl 9 Urban Development Bill 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 infrastruc- ture powers 5 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 Man- agement Act 1991 Auckland Transport means the entity established by section 38 of the Local Government (Auckland Council) Act 2009 10 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 15 building consent authority has the same meaning as in section 7 of the Build- ing 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 20 25 combined planning instrument means a document of the kind described in section 80 of the Resource Management Act 1991 30 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— 35 (a) the use of community
 members or the public generally for educational, recreational, sporting, cultural, safety, health, welfare, or worship pur- poses; and (b) any activity ancillary to a use described in paragraph (a) 18 Urban Development Bill Part 1 cl 9 conservation interest means— (a) (b) (c) (d) (e) an interest of the kind described in paragraph (b) of the definition of conservation area in section 2(1) of the Conservation Act 1987: a declaration under section 76 of the Reserves Act 1977 that land is pro- tected private land: 5 a covenant under section 77 of the Reserves Act 1977 or section 27 of the Conservation Act 1987: a Ngā Whenua Rāhui kawenata under section 77A of the Reserves Act 1977 or section 27A of the Conservation Act 1987: 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 10 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) (b) for a company, control of the composition of its board of directors; and 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 15 controlling authority is defined in section 147(1) for the purposes of sub- part 4 of Part 3 corridor manager has the same meaning as in section 4 of the Utilities Access Act 2010 20 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 Zea- land 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 25 30 designation— (a) (b) has the same meaning as in section 166 of the Resource Management Act 1991; and 35 if the context requires, also includes a designation included in a develop- ment plan under this Act 19 Part 1 cl 9 Urban Development Bill 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 5 (b) excludes protected land described in section 20(2) development plan means an operative development plan gazetted under sec- tion 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 Man- agement 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 10 15 20 financial year, in relation to a targeted rate, has the same meaning as in section 5 of the Local Government (Rating) Act 2002 25 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— 30 (i) (ii) for a specified work by Kāinga Ora; or 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),— 35 (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 20 Urban Development Bill Part 1 cl 9 former owners, in relation to former Māori land,— means the 1 or more per- sons 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) (a) (b) includes any successors of the persons referred to in paragraph (a) to receive an offer to buy the land; or 5 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 10 hearings commissioner means a hearings commissioner appointed in accord- ance 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) (b) (c) (d) (e) from the Treaty of Waitangi or its principles; or by or under legislation; or at common law (including aboriginal title or customary law); or from a fiduciary duty; or 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 Man- agement Act 1991 15 20 25 30 infrastructure and service charge means a charge that may be fixed under section 238 239A 35 infrastructure operator means an operator of infrastructure and includes a network utility operator infrastructure powers means the roading powers and the non-roading powers 21 Part 1 cl 9 Urban Development Bill infrastructure statement means the supporting document required by sec- tion 71(1)(b) interest, for the purpose of the definition of Māori entity, includes— (a) (b) (c) any right or interest held by, or granted to, a Māori entity under a Treaty settlement deed, Treaty settlement Act, or other iwi participation legis- lation; and 5 an ownership interest in land; and a customary or other interest in land that is recognised under an enact- ment interest, in relation to a Māori entity, means— 10 (a) (b) (c) any right or interest held by, or granted to, a Māori entity under a Treaty settlement deed, Treaty settlement Act, or other iwi participation legis- lation: an ownership interest in land: a customary or
 other interest in land that is recognised under an enact- ment or a judgement or an order of a court of competent jurisdiction: 15 (d) a customary marine title or a protected customary right iwi authority has the same meaning as in section 2(1) of the Resource Man- agement Act 1991 iwi participation legislation has the same meaning as in section 58L of the Resource Management Act 1991 20 iwi planning document means a plan, including a management plan or a strat- egy, prepared in whole or in part by a Māori
 entity under legislation, including under— (a) (b) (c) (d) the Resource Management Act 1991; or 25 a Treaty settlement Act or other iwi participation legislation; or a Treaty settlement deed; or the Marine and Coastal Area (Takutai Moana) Act 2011 joint Ministers means the responsible Minister and the Minister of Finance, acting jointly 30 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) 35 22 Urban Development Bill Part 1 cl 9 land,— (a) (b) (c) except in Parts 4 and 5, has the same meaning as in section 2(1) of the Resource Management Act 1991: is defined in section 186(1) for the purposes of Part 4: is defined in section 248 for the purposes of Part 5 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: 10 (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 Commu- nity Development Act 1962 15 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) (ii) (iii) (iv) (v) (vi) a post-settlement governance entity: an iwi or hapū authority: an urban Māori authority: a Māori Trust Board: the Māori Trustee: a Māori association: (vii) a board, committee, authority, or other body, incorporated or unin- corporated, recognised in, or established under, iwi participation legislation: (viii) a body corporate, the trustees of a trust, or any other
 entity or per- sons who have an ownership interest in Māori land: 20 25 (ix) (x) a body corporate or the trustees of a trust appointed to administer a Māori reservation: 30 the entity that is authorised to act for a natural resource with legal personhood: 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 pro- ject area or proposed project area 35 a post-settlement governance entity: an iwi authority: (b) (a) (b) 23 Part 1 cl 9 Urban Development Bill (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) a hapū: an urban Māori authority: a Māori Trust Board: a Māori association: the Māori Trustee: 5 a board, committee, authority, or other body, incorporated or unincorpor- ated, recognised in, or established under, iwi participation legislation: a body corporate, the trustees of a trust, or any other entity or persons who have an ownership interest in Māori land: a body corporate or the trustees of a trust appointed to administer a Māori reservation: 10 a customary marine title group or protected customary rights group: the entity that is authorised to act for a natural resource with legal per- sonhood Māori freehold land has the same meaning as in section 4 of Te Ture Whenua Maori Act 1993 15 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 20 marine and coastal area has the same
 meaning as in section 9(1) of the Mar- ine 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 25 nationally significant infrastructure means any of the following: (a) (b) (c) (d) (e) (f) (fa) (g) State highways: the national grid electricity transmission network: renewable electricity generation facilities that
 connect directly to the national grid electricity transmission network: 30 the high-pressure gas transmission pipeline network operating in the North Island: the refinery pipeline between Marsden Point and Wiri: the New Zealand rail network (including light rail): land and airspace designated for defence purposes under the Resource Management Act 1991: 35 airports used for regular air transport services by aeroplanes capable of carrying more than 30 passengers: 24 Urban Development Bill Part 1 cl 9 (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 5 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-road- ing water-related infrastructure powers, in section 147(1) for the purposes of subpart 4 of Part 3 10 park— (a) means land— (i) (ii) owned by a relevant local authority; and acquired or used principally for community, recreational, environ- mental, cultural, or spiritual purposes; but 15 (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 pro- vides a right for a Māori entity to participate in processes, including a right— (a) (b) (c) to produce, or participate in producing, a planning instrument, iwi plan- ning document, strategy, or management plan that relates to a project area: to appoint members to a standing committee of a territorial authority under the Local
 Government Act 2002 that operates in a project area: to appoint persons to hear and determine resource consent applications for activities within the project area 20 25 planning instrument means a regional or district plan, a combined planning instrument, or a regional policy statement 30 post-settlement governance entity— (a) means a body corporate or the trustees of a trust established by a claim- ant group for the purposes of receiving redress in the settlement of the historical claims of that group; and 35 (b) includes an entity established to represent a collective or combination of claimant groups 25 Part 1 cl 9 Urban Development Bill post-settlement governance entity— (a) means a body corporate or the trustees of a trust established, for the pur- pose of receiving redress in the settlement of the Treaty of Waitangi claims of a claimant group,— (i) (ii) by that group; or 5 by or under an enactment or order of a court; and (b) includes— (i) (ii) (iii) an entity established to represent a collective or combination of claimant groups; and an entity controlled by an entity referred to in paragraph (a); and 10 an entity controlled by a hapū to which redress has been transfer- red 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 15 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 Ora– Homes and Communities Act 2019 public notice has the same meaning as in section 2AB of the Resource Man- agement Act 2001 1991 public transport infrastructure is defined in section 186(1) for the pur- poses 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 20 25 30 35 26 Urban Development Bill Part 1 cl 9 redress means redress provided for, by, or under a Treaty settlement Act or Treaty settlement deed, including redress provided by or under— (a) (b) (c) (d) a statutory acknowledgment and the associated statement of association: a deed of recognition: an overlay classification and the associated protection principles: 5 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 Govern- ment Act 2002 regional park has the same meaning as in section 139(1) of the Local Govern- ment Act 2002 10 regional plan has the same meaning as in section 43AA of the Resource Man- agement Act 1991 regional policy statement has the same meaning as in section 43AA of the Resource Management Act
 1991 15 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— 20 (a) every regional council whose region includes land in the project area (or proposed project area); and 25 (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 ter- ritorial authority whose district includes land in the project area (or pro- posed 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) 30 35 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 27 Part 1 cl 9 Urban Development Bill responsible Minister means the Minister of the Crown who, under the author- ity 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 govern- ance 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 5 RFR holder means the 1 or more
 post-settlement governance entities that have the RFR in relation to RFR land 10 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) (b) (c) is a right to be offered the transfer, vesting, or lease of land before the landowner may dispose of it to others; and 15 is currently enforceable; and 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) (b) (c) 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 dis- pose of the land to others; and is currently enforceable; and 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 govern- ance 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 provi- ded 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) 20 25 30 35 28 Urban Development Bill Part 1 cl 9 specified reserve means land classified as any of the following under the Reserves Act 1977: (a) (b) (c) (d) (e) a recreation reserve: a historic reserve: a scenic reserve: a government purpose reserve: 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 sec- tions 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, waste- water, 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— 5 10 15 20 an Act listed in Schedule 3 of the Treaty of Waitangi Act 1975; and 25 any Act that provides collective redress or participation arrangements to claimant groups whose claims are, or are to be, settled by another Act any other Act that provides redress for Treaty of Waitangi claims, including Acts that provide collective redress or participation arrange- ments 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 29 30 35 (a) (b) (b) Part 1 cl 10 Urban Development Bill (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) (b)
 Treaty settlement Acts: 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 Gov- ernment 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 Manage- ment Act 1991.
5 10 15 10 Meaning of urban development, urban development project, and specified 20 development project Urban development (1) In this Act, urban development includes— (a) (b) (c) development of housing, including public housing and community hous- ing, affordable housing, homes for first-home buyers, and market hous- ing: 25 development and renewal of urban environments, whether or not this includes housing development: development of related commercial, industrial, community, or other amenities, infrastructure, facilities, services, or works.
30 See also section 13(1)(f) of the Kāinga Ora–Homes and Communities Act 2019.

Urban development project In this Act, urban development project means a project for urban develop- ment, but does not include a project that is only to develop or redevelop public housing on land owned by Kāinga Ora.
35 (2) (3) 30 Urban Development Bill Part 1 cl 18 Specified development project (4) In this Act, specified development project means an urban development pro- ject 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.

5 10 13 Act binds the Crown This Act binds the Crown.

14 Application of Resource Management Act 1991 to project areas 15 Except as otherwise specified in this Act, the provisions of the Resource Man- agement 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.

20 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.
25 30 31 Part 1 cl 18A Urban Development Bill Other enactments 18A Application of other enactments (1) Except as otherwise specified in this Act,— (a) (b) 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 5 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) (b) (c) (d) the Heritage New Zealand Pouhere Taonga Act 2014: the Housing Act 1955: the Marine and Coastal Area (Takutai Moana) Act 2011: 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: 10 15 (a) (b) 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 spe- cified by the applicant group: the setting apart of a part of the marine and coastal area under section 252 of this Act for a specified work.
20 (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.

25 Subpart 4—Restrictions on developing certain land 19A Application of sections 20 to 22 The restrictions set out in section 20 in relation to protected land apply only to the use of powers in this Act.
30 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 1955—see section 18A(2)(b)).

Protected land The land described in subsections (2) and (4) is referred to in this Act as protected land.
35 (1) (2) 20 (1) 32 Urban Development Bill Part 1 cl 20 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) (b) (c) (d) land classified as a nature reserve or a scientific reserve under the Reserves Act 1977: 5 land constituted as a national park under the National Parks Act 1980: land described in paragraph (a) of the definition of conservation area in section 2(1) of the Conservation Act 1987: land that is a wildlife sanctuary, wildlife refuge, or wildlife management reserve as defined in section 2(1) of the Wildlife Act 1953: 10 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 15 (g) (h) (i) (j) (ii) remains subject to that Act: 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 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 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): 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 sec- tion 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: 20 25 30 35 33 Part 1 cl 20 Urban Development Bill (b) general land owned by Māori that was previously Māori freehold land, but ceased to have that status under— (i) (ii) an order of the Māori Land Court made on or after 1 July 1993; or Part 1 of the Maori Affairs Amendment Act 1967: (c) land held by a post-settlement governance entity if the land was acquired— 5 (i) (ii) as redress for the settlement of historical Treaty of Waitangi claims; or by the exercise of rights under a Treaty settlement Act or Treaty settlement deed: 10 (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,— 15 (a) (b) for a company, control of the composition of its board of directors; and 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) (b) (c) (d) a Crown entity, as defined in section 7(1) of the Crown Entities Act 2004; and 20 a State enterprise, as defined in section 2 of the State-Owned Enterprises Act 1986; and the New Zealand Railways Corporation; and a company or body that is wholly owned or controlled by 1 or more of the following: 25 (i) (ii) (iii) (iv) the Crown: a Crown entity: a State enterprise: the New Zealand Railways Corporation; and (e) a subsidiary (as defined in section 5 of the Companies Act 1993) or rela- ted 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 Man- agement Act 1991 30 35 34 Urban Development Bill Part 1 cl 22 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 5 (b) an entity that is controlled by a post-settlement governance entity.
21 (1) Former Māori land This section applies to an urban development project if— (a) (b) the project is on former Māori land; and 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— 10 15 (i) (ii) their aspirations for the land; and how those aspirations may be taken into account in the way the land is developed; and 20 (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: 25 (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 pro- 30 ject on RFR land unless Kāinga Ora— (a) (b) Kāinga Ora offers the RFR holder of the right of first refusal the oppor- tunity to undertake the development on specified terms; and the RFR holder agrees with Kāinga Oraobtains the agreement of the holder of that right to— 35 (i) to undertake the development being undertaken by the holder of that right (whether on the terms offered or on other terms); or 35 Part 1 cl 23 Urban Development Bill (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) (3) 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.
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 under- take the development; and (b) has agreed to waive its RFR right of first refusal.
(4) (5) 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).
To avoid doubt,— (a) (b) 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 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.
5 10 15 20 23 (1) Protected When protected land, former Māori land, and RFR land may be included in project area and development plan 25 Sections 20 to 22 do not— prevent the land referred to in those sections from being included in a project area.

(a) (b) prevent the land referred to in those sections from being included in a project area; or affect the ability to prepare a draft development plan for that project area.
30 (2) However, the responsible Minister may not approve a draft development plan (b) under section 86 unless the Minister is satisfied that— the plan is consistent with section 20; and (a) if the plan provides for the development of former Māori land, Kāinga Ora has complied with section 21; and if the plan provides for the development of RFR land, Kāinga Ora has complied with section 22.
(c) 35 36 Urban Development Bill Part 1 cl 24A 24 Land that may be needed for settlement of historical Treaty of Waitangi claims The following provisions require the Minister for Treaty of Waitangi Negoti- ations 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: 5 (a) (b) (c) (d) (d) (e) (f) section 75(4)(b) (which relates to the preconditions for notifying a draft development plan): section 250(2)(a) (which relates to the acquisition of land by Kāinga Ora for a specified work): 10 section 261(6)(a) (which relates to the transfer to a developer of land acquired by Kāinga Ora for a specified work): section 266A(2) (which relates to other disposals and the setting apart of land acquired by Kāinga Ora for a specified work).
section 267(3)(a) (which relates to the disposal of land on which cer- tain specified works are completed): 15 section 268(4) (which relates to the disposal of land that is no longer required for a specified work): section 270(3) (which relates to the disposal of land to a local author- ity for a public work).

20 Subpart 5—Miscellaneous Engagement 24A Engagement requirements (1) (2) This section applies to engagement that Kāinga Ora undertakes in accordance with a provision of this Act.
25 Engagement requires that Kāinga Ora do either or both of the following before deciding on a matter: (a) (b) consult on a proposal: seek input during the formulation of a proposal, or feedback on a pro- posal, on an iterative basis.

30 (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— 35 (i) consider the needs of the particular person or persons with whom Kāinga Ora is engaging; and 37 Part 1 cl 25 Urban Development Bill (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 5 (B) tikanga Māori; and (c) may consider the relevance and sufficiency of any earlier engagement.
25 (1) (2) General duties Duty to co-operate This section applies to— (a) (b) (c) Kāinga Ora; and relevant local authorities; and infrastructure operators within any project area or proposed project area.
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 devel- opment 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 pre- scribed 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 devel- opment 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.
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 imprac- ticable to do so in the circumstances.
Compare: 2010 No 37 s 159 (3) 38 10 15 20 25 30 35 Urban Development Bill Part 2 cl 30 Part 2 Specified development projects Subpart 1—How specified development projects are established General provisions 28 (1) (2) (3) (4) 29 (1) Key features of specified development projects Every specified development project must have the following, recommended by Kāinga Ora and accepted by the joint Ministers in accordance with this sub- part: (a) (b) (c) project objectives; and a project area, defined by geographical boundaries; and a project governance body.
The project governance body may be recommended and accepted by type of entity.

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

In this subpart, the project objectives, project area, and identity or type of pro- ject 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.
5 10 15 Project objectives The project objectives for a specified development project must set out the key outcomes and outputs that the project aims to deliver.

20 (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 25 30 35 39 Part 2 cl 31 Urban Development Bill Project objectives (b) are satisfied that the project objectives are consistent with— (i) (ii) subpart 1 of Part 1; and existing national directions under the Resource Management Act 1991; and 5 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) (ii) for urban use; or to protect or exclude from urban development in connection with the broader project; and 10 (d) (e) (f) (g) if the project area contains any of the following (a specified conserva- tion-related area), are satisfied that the Minister of Conservation has approved the matters set out in section 37(2): all or any part of a specified reserve: (i) (ii) (iii) land that is subject to a conservation interest: any part of the coastal marine area; and are satisfied that the boundaries of the project area are clearly defined and easily identifiable in practice; and Project governance body 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 consider that, having regard to the project’s likely effects on communi- ties, 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 territor- ial authorities for the project being established as a specified development project; or (ii) consider that the project is in the national interest.
15 20 25 30 31 Kāinga Ora or joint Ministers select project Project selection A potential urban development project, or an urban development project that is already being carried out, may be selected for assessment as a potential speci- fied development project in 1 of 2 ways: 35 40 Urban Development Bill Part 2 cl 34 (a) (b) Kāinga Ora selects the project for assessment; or 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 5 (b) (c) a legislative instrument for the purposes of the Legislation Act 2012; or a disallowable instrument for the purposes of the Legislation Act 2012.
33 Kāinga Ora assesses project Project assessment Kāinga Ora must assess a project selected in accordance with section 31 by— identifying, at a high level, in general terms, constraints and opportun- (a) ities that arise for the project from the matters listed in section 34(1); and (b) (c) (d) (e) seeking to engage engaging as required by section 35; and 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 publicly notifying the assessment of the project as required by section 38, and considering the feedback received; and 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 (1) Kāinga Ora identifies constraints and opportunities 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): 10 15 20 25 30 protected land: nationally significant infrastructure: land that is subject to a conservation interest: any part of the coastal marine area: any defence area: (i) (ii) (iii) (iv) (v) (vi) any area or feature of land protected, or to which special rules apply, under a local Act (for example, the Waitakere Ranges herit- 35 41 Part 2 cl 35 Urban Development Bill age 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) (ia) (ii) (iii) any reserve, by location and purpose: any park or regional park, by location: land that is owned by the Crown: former Māori land: (iv) RFR land; and 5 (c) Treaty settlement obligations and participation arrangements that apply to the proposed project area; and 10 (d) the information that the relevant local authorities hold on the following: (i) natural hazards within or otherwise relevant to the proposed pro- ject area: (e) (f) (ii) contaminated land within the proposed project area; and 15 the archaeological and historical the Māori cultural, archaeological, and historic heritage values of land within the proposed project area; and at a high level, the extent to which the project (including any infrastruc- ture requirements identified), in general terms, aligns with any docu- ments 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 20 (g) potential funding options for any infrastructure requirements identified.
(2) Kāinga Ora must also identify— (a) (b) the existing planning instruments and iwi planning documents that apply to the proposed project area; and 25 any publicly available reports on climate change matters, prepared in accordance with the Climate Change Response Act 2002 or New Zea- land’s obligations under an international treaty, that are relevant to the proposed project area.
35 (1) Kāinga Ora seeks engagement, etc, engages with Māori and key stakeholders 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,— 42 30 35 Urban Development Bill Part 2 cl 35 (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 pro- ject; and 5 (b) to enable Māori interests to be identified; and (c) to seek the views of Māori and key stakeholders, and the recommenda- tions 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) (b) (c) (d) (e) (f) (g) (g) (h) (i) relevant local authorities; and the chief executive of the Ministry responsible for the administration of this Act; and Heritage New Zealand Pouhere Taonga; and the New Zealand Police; and Fire and Emergency New Zealand; and 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 the operators of any other infrastructure that will be, or is likely to be, affected by the project; and if Kāinga Ora identifies any other infrastructure as infrastructure that may be affected by the project, the relevant infrastructure operator; and 30 if any specified conservation-related area is in or adjacent to the pro- posed project area, the Minister of Conservation; and.
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.
35 43 10 15 20 25 Part 2 cl 36 Urban Development Bill (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).
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,— (6) (a) that Māori and key stakeholders have obligations under other legislation, trust deeds, and other governance documents; and (b) tikanga Māori.

This section is subject to section 36.


Early engagement may satisfy obligation to engage (7) 36 (1) Kāinga Ora may treat early engagement with a person on matters that are rele- vant 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 (1) Project areas that include specified conservation-related area This section applies if the proposed project area for a project includes any spe- cified conservation-related area.

(2) The Minister of Conservation must approve— (a) (b) the specified conservation-related area being included within the pro- posed project area; and 30 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 object- 35 ives; and 44 Urban Development Bill Part 2 cl 39 (b) may require changes to the proposed project area, or to how the pro- posed 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.
5 (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 pres- ently held; and 10 (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 (1) Kāinga Ora gives public notice of proposed key features and invites feedback 15 The public notice required by section 33(d) as part of a project assessment must include the following statements: (a) (b) a statement of the key features that Kāinga Ora is considering for the project; and 20 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.

25 (3) The public notice must— (a) (b) invite the public to give feedback on the proposed key features and the other matters stated in the notice; and 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.

30 (4) Kāinga Ora may accept any late feedback.


39 (1) Changes to proposed key features 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 35 (the new content) is technical or of minor effect.
(3) Before Kāinga Ora completes its assessment of the project, it must— 45 Part 2 cl 40 Urban Development Bill (a) (b) consider which, if any, part of the process described in sections 33 to 38 needs repeating given the new content; and repeat that part in relation to— (i) (ii) the new content; and anything else that Kāinga Ora considers relevant to understanding the new content in the context of the broader project.
5 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 (2) 41 (1) (c) give that report, once finalised, to the joint Ministers.

The report must be in writing.


Contents of report: recommendation to establish specified development project This section applies if a project assessment report prepared by Kāinga Ora rec- ommends 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, includ- ing— (i) (ii) (iii) the proposed key features of the project, and reasons stated by Kāinga Ora, that were publicly notified in accordance with sec- tion 38; and a summary of feedback received on the public notice; and a summary of engagement undertaken with Māori and key stake- holders 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 10 15 20 25 30 (iv) a summary of expressions of interest received in accordance with section 35(5); and 35 (v) whether Kāinga Ora has relied on any early other engagement with Māori or key stakeholders has informed the project assess- 46 Urban Development Bill Part 2 cl 42 ment (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 engage- ment (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 5 (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 sec- tion 33(a); and the recommendation of Kāinga Ora that the project be established as a specified development project, along with the recommended key fea- tures; and a concept plan that shows, generally, the layout of the land within the recommended project area after the project is delivered; and 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 if the recommended project governance body is an identified entity (other than Kāinga Ora), confirmation that the entity has agreed to be appointed; and 10 15 20 the responses received from each relevant territorial authority under section 44.
25 (b) (c) (d) (e) (f) (3) 42 (1) The report may include anything else that Kāinga Ora considers relevant.
Contents of report: recommendation not to establish 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 30 (b) either or both of the following apply: (i) (ii) the project has been publicly notified as a potential specified development project: the joint Ministers selected the project, and their direction has not been withdrawn.
35 (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 47 Part 2 cl 43 Urban Development Bill (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 pro- ject.
43 Territorial authorities invited to indicate support 5 (1) When a project assessment report is sufficiently advanced, Kāinga Ora must— (a) (b) give a copy of it, in draft, to each relevant territorial authority; and 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 10 (ii) the key features recommended in the draft report; and (c) invite the relevant territorial authorities to— (i) (ii) state any conditions associated with their support; and 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.
15 (2) An invitation by Kāinga Ora must— (a) (b) be in writing; and give the relevant territorial authority at least 10 20 working days to respond.

20 44 (1) (2) Territorial authorities must respond to invitation This section applies to every relevant territorial authority that receives an invi- tation and a draft project assessment report under section 43.
The relevant territorial authority must respond to Kāinga Ora as follows: 25 (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) (c) stating any conditions associated with its support (if relevant); and 30 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— in writing; and 35 given to Kāinga Ora by the date or within the time frame for response set out in the invitation.

(a) (b) 48 Urban Development Bill Part 2 cl 47 45 Territorial authority not required to consult before responding (1) A territorial authority is not required to consult anyone before responding to (2) 46 (1) (2) Kāinga Ora in accordance with section 44.

This section applies despite anything to the contrary in the Local Government Act 2002.
5 Joint Ministers’ decision Joint Ministers make decision on report This section applies whenever the joint Ministers receive a project assessment report from Kāinga Ora.

If the report recommends that the project be established as a specified develop- ment project, the joint Ministers must decide to do 1 of the following: either— 10 (a) (b) (c) accept the recommendation in accordance with section 47:; or refer the report back to Kāinga Ora for further consideration:; or 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— 15 (a) (b) accept the recommendation; or 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.
20 (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 25 (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 (1) Decision to establish specified development project 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.
30 35 49 Part 2 cl 48 Urban Development Bill (3) (4) 48 (1) 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.

If the joint Ministers accept the recommendation, the joint Ministers must rec- ommend the making of an establishment order under section 50 in respect of the project.
5 Decision to refer back report If the joint Ministers refer a project assessment report back to Kāinga Ora for further consideration, Kāinga Ora must— 10 (a) (b) review the report and all relevant information (including any recommen- dations from the joint Ministers); and 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— 15 (a) (b) changing its recommendation on whether to establish a project as a spe- cified development project; or any changes to the key features recommended by Kāinga Ora, other than changes that Kāinga Ora is satisfied are technical or of minor effect.
20 (3) In those circumstances,— (a) (b) the process in this subpart, as relevant, applies to a review by, and revised report of, Kāinga Ora; and despite section 42(2)(b) (if it applies), if the relevant territorial author- ities were given the earlier report, Kāinga Ora must comply with sec- tion 43 in relation to the revised report.
25 Decision not to establish project as specified development project This section applies if the joint Ministers decide to— (a) (b) accept a recommendation that a project not be established as a specified development project; or 30 reject a recommendation that a project be established as a specified development project.
If the project was publicly notified as a potential specified development pro- ject, Kāinga Ora must publicly notify the joint Ministers’ decision as soon as practicable after Kāinga Ora receives that decision.
35 If the project was not publicly notified as a potential specified development project, Kāinga Ora must, as soon as practicable after receiving the joint Minis- ters’ decision, notify that decision to— 49 (1) (2) (3) 50 Urban Development Bill Part 2 cl 51 (a) Māori who were engaged with as part of the project assessment; and (b) the key stakeholders.
Project established as specified development project 50 (1) Orders in Council establishing specified development projects 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.

5 (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) (4) 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.

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.
10 15 51 Effect of establishment order Overview (1) Broadly, the effect of an establishment order is that— (a) (b) (c) (d) subpart 2 (which relates to preparation and approval of a development plan) applies in relation to the project: 20 for a transitional period (see section 97(2)), the following become sub- ject to the powers and process changes set out in subpart 1 of Part 3: (i) plan changes applying in the project area: (ii) (iii) new resource consent applications in the project area: changes or cancellations of conditions of existing resource con- sents in the project area: a consent authority may transfer its consenting functions in the project area to Kāinga Ora as if Kāinga Ora were a public authority under sec- tion 33 of the Resource Management Act 1991: various other powers, rights, and duties under this Act apply to Kāinga Ora, for example,— (i) (ii) duties relating to assistance, information, and advice (see sec- tions 109 and 110): powers to obtain information, and enter land, for purposes related to preparing the development plan (see sections 111 and sec- tion 274(1)(b)): 25 30 35 51 Part 2 cl 52 Urban Development Bill (2) (3) (iii) rights to be consulted on certain bylaw changes proposed by bylaw-making authorities (see section 184).
See also section 89 (which relates to the effect of the project’s development plan becoming operative).

Appointment of identified project governance body 5 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.
10 53 Kāinga Ora must publish details of specified development projects on Internet site (1) Kāinga Ora must publish on its Internet site— (a) (b) (c) a list of specified development projects; and 15 links to establishment orders; and 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).
20 Hearings commissioners 54 Appointment of hearings commissioners (1) Kāinga Ora may appoint 1 or more hearings commissioners— (a) (b) to exercise a delegated power under this Act; and to hear resource consent applications, objections, and other matters as provided for in this Act.
25 (2) In appointing a hearings commissioner, Kāinga Ora must— (a) (b) comply with section 39B(2) of the Resource Management Act 1991 as if it were a local authority; and establish a process for managing any conflicts of interest of a hearings commissioner in relation to a particular matter.

30 (2) Kāinga Ora may only appoint a person as a hearings commissioner if the per- son is accredited (within the meaning of section 2(1) of the Resource Manage- ment Act 1991).
(3) Kāinga Ora must establish processes for managing any conflicts of interest of 35 hearings commissioners in relation to particular matters.

52 Urban Development Bill Part 2 cl 55 (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 vir- tue 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 estab- lishment 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 rec- ommended amendment.
5 10 (3) The joint Ministers may accept the recommendation in the report if, and only if,— 15 (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) (ii) 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 20 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 territor- ial authorities for the amendment; or 25 (ii) consider that the project is in the national interest; and (c) the joint Ministers are satisfied that, if the amendment— (i) (ii) (iii) is to the project objectives, the criterion in section 30(b) is met: is to the project area, the criteria in section 30(c) and (e) and, if relevant, (d) are met: identifies a new entity as the project governance body, the criter- ion in section 30(f) is met.
30 (4) (5) Section 47(2) and (3) applies in respect of the joint Ministers’ decision under this section.

35 The joint Ministers must recommend the making of an Order in Council under section 56 in respect of an amendment recommended and accepted in accord- ance with this section.
53 Part 2 cl 56 Urban Development Bill 56 (1) (2) Orders in Council amending establishment orders The Governor-General may, by Order in Council made on the recommendation of the joint Ministers in accordance with section 55(5), amend an establish- ment order.

Section 52 applies to the amendment order as if it were an establishment order.
5 57 Transfer and disestablishment Kāinga Ora may transfer certain assets related to a specified development pro- ject or disestablish a specified development project in accordance with the pro- visions 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 (1) Application of this subpart This subpart provides for the process for preparing and approving a develop- ment plan for a specified development project.

(2) This subpart applies— 10 15 (a) after an establishment order is made under section 50 that establishes a specified development project; and 20 (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 pro- ject under section 86, the transitional arrangements set out in subpart 1 of Part 3 apply.
25 (3) A development plan must— (a) (b) enable the project objectives to be achieved; and provide for any Treaty settlement obligations applying in the project area.

30 (4) As part of the preparation of a development plan, Kāinga Ora must also prepare any applicable supporting documents in accordance with this subpart.
54 Urban Development Bill Part 2 cl 60 59 Functions of Kāinga Ora in preparing, amending, or reviewing development plan Kāinga Ora has the following functions for the purpose of preparing, amend- ing, or reviewing a development plan for a specified development project: (a) (b) establishing, implementing, and reviewing the objectives of any plan- ning instrument, and the policies, rules, and methods relevant to resource management, to achieve the project objectives: 5 controlling the actual or potential effects of the use, development, and protection of land— (i) (ii) (iii) (iv) to achieve the project objectives: to ensure, as far as is reasonably practicable, that, as a contribu- tion to district and regional capacity, there is sufficient land for residential and business development to meet the expected demand in the project area: to avoid or mitigate risks from natural hazards: to develop (or provide for the development of) infrastructure and its integration with land use.
10 15 (c) ensuring that there are rules— (i) (ii) to control the emission, of noise and mitigating mitigate the effects, of noise: 20 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— 25 (a) the following instruments made under the Resource Management Act 1991: (i) (ii) (iii) (iv) national policy statements: a New Zealand Coastal Policy Statement: national environmental standards and other regulations (other than a national environmental standard): 30 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 acces- sibility: 35 55 Part 2 cl 61 Urban Development Bill (AA) the requirements for electronic functionality and accessibil- ity; and (B) regional and district spatial layers standards (see National Planning Standard clauses 11 and 12); or (b) any national land transport policy.
5 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 sub- part.

(2) Until a draft development plan becomes operative for a specified development 10 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) (b) to be sufficiently informed on the matters relevant to achieving the pro- ject objectives; and to proceed to develop a plan suitable to be publicly notified under sec- tion 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).

15 20 25 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 30 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— 35 (a) the proposed land use and the indicative development densities proposed for the specified development project; and 56 Urban Development Bill Part 2 cl 62 (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 5 (ba) (c) (d) (e) the general location and a description of new infrastructure proposed for the special development project, if it is to be connected with, or integra- ted into, any existing infrastructure, whether within or outside the project area; and what community facilities will be required, and, broadly, where they will be located; and 10 any land within the project area proposed to be set apart as a reserve or created as a park or regional park; and any likely staging of the project, including any requirements as to the progress or completion of a stage.
15 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) (ii) (iii) the use of any part of a specified reserve or coastal marine area: 20 the acquisition of land subject to a conservation interest: 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 descrip- tion of the arrangement or redress or other measure.
Modification of planning instruments (4) A draft development plan must set out the following: (a) (b) (c) any modifications to be made to objectives, policies, methods, and rules in planning instruments to enable the project objectives to be achieved; and 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 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.
25 30 35 57 Part 2 cl 63 Urban Development Bill 63 (1) Further contents of development plan: infrastructure The draft development plan must state— (a) (b) (c) whether Kāinga Ora has, or does not have, the roading powers in relation to the specified development project; and 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 5 if Kāinga Ora seeks the consent of land owners and occupiers to the con- struction of non-roading water-related infrastructure on their land, the location, nature, and extent of work required to construct the non-road- ing 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 (b) made (see section 181); and 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 develop- ment 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 rela- tion to the specified development project but was refused under section 177(1)(b).
64 Further contents of development plan: funding Sources of funding 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 pre- pared in accordance with sections 106 and 201 to 202A of the Local Govern- ment Act 2002.
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) (b) for each rate, the matters set out in section 65; and a rates remission policy and rates postponement policy prepared in accordance with sections 109 and 110 of the Local Government Act 2002; and (1) (2) 58 10 15 20 25 30 35 Urban Development Bill Part 2 cl 65 (c) if the project area includes Māori freehold land, a policy on the remis- sion 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: 5 (b) infrastructure and service charges or administrative charges, the draft development plan must prescribe the charges in a schedule.— 10 (i) (ii) prescribe the charges in a schedule; and 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) (b) prescribe charges of a kind specified in section 242; and provide for a regular review of the charges.
15 20 65 (1) Further contents of development plan: targeted rates 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— 25 (i) (ii) infrastructure: 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 30 35 (d) whether the rate may apply to all land within a project area or to only some of the land; and 59 Part 2 cl 66 Urban Development Bill (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) (ii) on a uniform basis for all of the land to which it applies; or 5 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 10 (2) A factor specified under subsection (1)(c) may be— (a) (b) a fixed charge per rating unit; or 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 15 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).
20 (5) For the purposes of subsections (2) and (4), the Local Government (Rating) Act 2002 applies, with all necessary modifications, as if— (a) (b) a reference to an operative district plan included a development plan: a reference to a local authority were a reference to Kāinga Ora.
25 66 Provisions that modify planning instruments (1) A development plan may incorporate material by reference, applying the provi- sions of Part 3 of Schedule 1 of the Resource Management Act 1991 with all necessary modifications, as if— (a) (b) (c) a reference to a plan or proposed plan included a development plan: 30 a reference to a local authority were a reference to Kāinga Ora: 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— 35 (a) not go beyond the scope provided for plans or regional policy statements prepared under the Resource Management Act 1991; and 60 Urban Development Bill Part 2 cl 67 (b) (c) (d) 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 be clearly identified in the development plan; and if relevant, enable the provision of all necessary infrastructure for a spe- cified development project, both within and outside the project area.
5 (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) (b) (c) (d) (e) (f) apply across the whole of a project area or a part of the project area: apply differently to different parts of a project area: apply different effects or classes of effects arising from an activity: 10 apply all of the time or for stated periods or seasons: are specific or general in their application: manage activities that are not anticipated by the draft development plan.
(4) A development plan may include rules that— (a) (b) (c) (d) apply to the whole of a project area or a part of a project area: 15 apply differently to different parts of a project area: apply to different effects or classes of effects arising from an activity: 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.
20 Inclusion of designations in draft development plan 67 (1) Existing designations for nationally significant infrastructure and defence areas If an existing designation within a project area is for nationally significant infrastructure or a defence area, Kāinga Ora must— 25 (a) (b) 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 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 inclu- ded without alterations modification.
30 35 61 Part 2 cl 68 Urban Development Bill (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 requir- ing authority that is included without modification in a draft development plan.
5 68 (1) (2) Existing designations that are not for nationally significant infrastructure that is not nationally significant or defence area 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.
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) (b) (c) whether Kāinga Ora intends to include the designation, with or without change modifying it, in the draft development plan for the relevant pro- ject area or exclude it; and 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 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 sub- section (3), Kāinga Ora may— (a) include the designation in the draft development plan; or 10 15 20 25 30 (b) (c) (d) decline to include exclude the designation in from the draft development plan; or, 35 include the designation with alterations; or modification.

replace the designation with one that achieves the purpose of the desig- nation.
62 Urban Development Bill Part 2 cl 68A (7) (8) If Kāinga Ora declines to does not include the designation in the draft develop- ment plan, or includes it with alterations modification, Kāinga Ora may pro- vide an amended or replacement designation that enables the purposes of the designation to be achieved.
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 sec- tion 77— (a) seeking an alteration to modification of its designation that Kāinga Ora did not agree to: 5 10 (b) setting out its support for, or objection to, a decision of Kāinga Ora under this section.
15 (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) (b) apply if Kāinga Ora publicly notifies a change to the development plan; or limit the right of a requiring authority to make a submission under sec- tion 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.
20 25 30 35 63 Part 2 cl 69 Urban Development Bill Preparation of development plan 69 (1) Relevant considerations Documents and other matters relevant to preparation of development plan 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 devel- opment project to which the plan relates: 5 (a) (b) (c) (d) (e) (f) regional policy statements, regional plans, and district plans made under the Resource Management Act 1991: regional land transport plans made under the Local Government Act 2002 and regional public transport plans made under the Land Transport Management Act 2003: the long-term plans of relevant local authorities made under the Local Government Act 2002: the key urban design qualities set out in the Ministry for the Environ- ment’s New Zealand Urban Design Protocol (2005) and any subsequent editions or replacements of that document: 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: 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: 10 15 20 25 (i) (ii) (iii) regional policy statements, regional plans, and district plans made under the Resource Management Act 1991: 30 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: 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: 35 (iv) any spatial plans prepared under the Local Government (Auckland Council) Act 2009: 64 Urban Development Bill Part 2 cl 70 (v) (vi) the key urban design qualities set out in the Ministry for the Envi- ronment’s New Zealand Urban Design Protocol (2005) and any subsequent editions or replacements of that document: 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.
5 10 (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) (b) 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 15 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,— 20 (a) (b) (c) a development contribution: a targeted rate: 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 pro- ject area, or that administered it, before its transfer to Kāinga Ora for the specified development project; and 25 30 (d) (e) 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 any Minister of the Crown who is affected by the specified development project.
35 (2) Kāinga Ora must have particular regard to any recommendations or comment given by the persons appointed as members of a standing committee (see sub- section (1)(d).

65 Part 2 cl 71 Urban Development Bill (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 (1) Supporting documents The following supporting documents, if applicable, must be notified under section 76 at the same time, and in the same manner, as the draft develop- ment plan: (a) (b) an evaluation report prepared under sections 72 and 73; and an infrastructure statement (see section 74).

5 10 (2) The supporting documents are not subject to the public submission or IHP pro- cesses 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.

15 (1A) An evaluation report prepared under this section must be notified under sec- tion 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 20 provided for under this subpart.
(2) The report must— (a) (b) 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 25 (ii) (iii) assessing the efficiency and effectiveness of the provisions in the draft development plan in achieving the project objectives; and providing the reasons for preferring those provisions over the other options examined; and 30 identify and assess the benefits and costs of the environmental, eco- nomic, social, and cultural effects that are anticipated from implement- ing 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 35 (c) assess the risk of acting or not acting if the information on the relevant matters is insufficient or uncertain; and 66 Urban Development Bill Part 2 cl 73 (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) (ii) is consistent with a relevant national environmental standard; and takes into account any applicable iwi participation arrangements; and 5 (e) (f) summarise the responses received from key stakeholders (see section 35(3)); and 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 10 (g) in relation to land within the project area, information on— (i) (ii) how Kāinga Ora intends to use any RFR land or land that is sub- ject to other relevant redress under a Treaty settlement Act; and 15 how undertakings or agreements between the Crown and a Māori entity for the future ownership, use, or management of the identi- fied land are being upheld; and (iii) Māori interests in the project area and how these will be protec- ted; and (iv) whether the development plan is consistent with the iwi planning documents applying in the relevant project area.
(3) (4) If practicable, the benefits and costs referred to in subsection (2)(b) should be quantified.

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.
20 25 73 Evaluation report: environmental matters (1) An In addition to the matters required under section 72, an evaluation report 30 must also include the following matters: (a) (b) how environmental constraints and opportunities associated with a speci- fied development project will be managed; and if relevant, a statement as to how the following matters have been provi- ded for in the draft development plan: 35 (i) the Māori cultural, archaeological, and historic heritage values identified in an archaeological and heritage assessment under- taken under in accordance with section 34(1)(e) as part of the project assessment under subpart 1: 67 Part 2 cl 74 Urban Development Bill (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 mat- ters reported on in paragraphs (a) and (b) and any recommendations of Heritage New Zealand Pouhere Taonga.
; and 5 (d) how Kāinga Ora has had regard to— (i) (ii) any advice it has received from an entity responsible for the man- agement of a natural resource within the project area; and any emissions reduction plan or national adaptation plan (as pro- vided for in Parts 1B and 1C of the Climate Change Response Act 2002 that applies within the project area).

10 (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— 15 (a) (b) (c) (d) (e) (ea) (f) (g) describes the infrastructure proposed to be constructed in the project area; and describes assesses the effect of the proposed infrastructure on existing infrastructure, both within and outside the project area; and 20 states whether Kāinga Ora has entered into any binding agreements with any infrastructure provider; and 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 25 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 identifies any technical design standards or codes that have been adopted in the development plan; and 30 identifies the expected total costs of construction of the proposed infra- structure for the specified development project.
; and includes details of the estimated operating costs associated with the pro- posed infrastructure.

68 Urban Development Bill Part 2 cl 75 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 develop- ment plan under section 76.

5 (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 Environ- ment, 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 Negoti- ations, must confirm in writing that the Minister is satisfied that— (a) (b) any participation arrangement or redress having effect in all or part of the project area has been identified in the draft development plan; and 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 Develop- ment 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 speci- fied reserve within the project area to be set apart for the purposes of the speci- fied development project.
10 15 20 25 (5B) Kāinga Ora must— (a) obtain the written consent of a post-settlement governance entity to the setting apart if— 30 (i) (ii) the land comprising the reserve has, under a Treaty settlement Act, been vested in or transferred to the post-settlement govern- ance entity; and 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: 35 (b) obtain and have regard to the views of a post-settlement governance entity on the setting apart if— 69 Part 2 cl 75 Urban Development Bill (i) (ii) the reserve is held by a local authority; and 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) (b) 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 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, sub- ject 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 classifica- tion, or vesting of a proposal— (i) (ii) (iii) to set apart, classify, or vest an existing a specified reserve or a proposed reserve: a proposed reserve: 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— 30 (a) (b) (c) (d) have regard to the classification of the reserve and the purpose of the classification under the relevant provisions of the Reserves Act 1977; and 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 35 be satisfied that approval will not compromise values of regional, national, or international significance; and in the case of scenic reserves, be satisfied that any loss of scenic values will be appropriately mitigated by— 70 Urban Development Bill Part 2 cl 76 (i) (ii) implementing measures to improve any remaining part of the reserve: 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 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 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 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.
5 10 15 (e) (f) (g) 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— 20 (a) (b) advise the relevant local authority of the proposal; and 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.
25 Approvals by Responsible Minister (9) Kāinga Ora must obtain approval in writing from the responsible Minister 30 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 support- ing documents for a specified development project.
(2) The notice must state— 35 (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 71 Part 2 cl 77 Urban Development Bill (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 5 (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— 10 (a) (b) (c) be received by Kāinga Ora by the date given in the public notice; and say whether the submitter wishes to be heard by the IHP; and 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.
15 78 Kāinga Ora must consider, and make recommendations on, submissions (1) Once the submission period has closed, Kāinga Ora must— (a) (b) (c) consider all the submissions received under that section section 77; and 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 provide advice to the Minister of Conservation on any submissions received that relate to— (i) (ii) (iii) any conditions that the Minister of Conservation included in the development plan under section 75(7)(a); and any approvals given by the Minister of Conservation under sec- tion 75(6) or (7); and 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.

20 25 30 35 72 Urban Development Bill Part 2 cl 80 (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.

The responsible Minister must appoint an IHP to carry out the role described in section 80.
(1) (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).

Provisions on the establishment, membership, functions, powers, and proced- ure of an IHP are set out in Schedule 3.
(2) 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 con- sideration.
(1) The role of the IHP is— 5 10 15 20 (a) (b) (c) to consider the draft development plan, and submissions provided to it by Kāinga Ora; and to consider the recommendations of Kāinga Ora on the submissions; and to provide to the responsible Minister, for the Minister’s determination under section 84, its recommendations on the draft development plan.
25 (2) Kāinga Ora must provide the following to the IHP: (a) (b) (c) the draft development plan and supporting documents; and the submissions (if any) received under section 77; and any other information the IHP has requested for the purpose of consider- ing the submissions by the IHP; and 30 (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 35 the draft development plan.
73 Part 2 cl 81 Urban Development Bill 81 (1) Considerations relevant to IHP’s recommendations In preparing its recommendations on a draft development plan, an IHP must have regard to— (a) (b) (c) (d) (e) all the information provided by Kāinga Ora; and any information obtained by the IHP under subsection (2)(a); and subpart 1 of Part 1; and any relevant matters in the instruments referred to in section 60 and the documents referred to in section 69(1); and 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 fin- ished hearing submissions on that topic but is not required to make rec- ommendations 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.
5 10 15 20 Mandatory matters (2) The report provided by the IHP must include the IHP’s recommendations (if any)— (a) (b) (c) on the draft development plan; and any recommendations for amending that plan, together with the IHP’s reasons for the proposed amendments; and 25 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) (b) (c) be approved in full; or be approved subject to specified amendments; or be rejected in full.

(4) A report may also include recommendations on the use of any additional infra- structure powers under this Act relating to infrastructure that are granted to Kāinga Ora.

granted by this Act in order to achieve the project objectives.
30 35 74 Urban Development Bill Part 2 cl 84 Prohibited matters (5) An IHP must not make a recommendation— (a) (b) (c) on any existing designation that is included in the draft development plan without modification and on which no submissions are received; or 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 5 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) (b) any conditions of the Minister of Conservation included in the draft development plan under section 75(7)(a): any approvals given by the Minister of Conservation under section 75(6) or (7).
10 15 (7) The IHP must— (a) (b) consult the Minister of Conservation on any proposed recommendations of the IHP; and submit the agreed changes to the Minister of Conservation for the Minis- ter’s approval.

20 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.
25 (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 pro- ject objectives,— (a) (b) 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 30 the IHP must reconsider the draft development plan and its recommen- dations, 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 recommenda- tions for changes to the draft development plan, the Minister may,— 35 75 Part 2 cl 85 Urban Development Bill (a) (b) (c) subject to subsection (4), approve the plan with the changes recom- mended by the IHP; or approve a recommendation of the IHP that the draft development plan be declined; or refer any or all of the recommendations of the IHP back to the IHP for its further consideration.
5 (2) However, if the IHP has recommended changes to the draft development plan, the responsible Minister must consult the Minister for Māori Crown Rela- tions—Te Arawhiti and the Minister for Māori Development before the respon- sible Minister makes a determination under subsection (1).
If the responsible Minister refers some or all of the recommendations of the IHP back to the IHP, the Minister may— (3) (a) (b) 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 refer the recommendations back with or without any recommended changes.
(4) (5) 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.

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 give reasons in writing for the decision.
(b) Final approval and notification of development plan Approval and notification of development plan as operative 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).
86 (1) 76 10 15 20 25 30 35 5 10 15 Urban Development Bill Part 2 cl 87 (2) (3) 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 sub- section (5).

If the responsible Minister accepts approves a recommendation of the IHP to decline the draft development plan, notice of that must be given under subsec- tion (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 pro- visions 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— 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 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 (a) (a) (b) that the development plan is available free of charge on the Kāinga Ora Internet site.
20 (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: 25 (i) (ii) every notice of requirement, designation, or modification included by Kāinga Ora in a draft development plan; and all notices of requirement lodged by other requiring authorities for a designation or modifications of a designation included in a draft development plan: 30 (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 state- ment of Kāinga Ora that the development plan is consistent with the iwi plan- ning documents applying in the project area.
35 77 Part 2 cl 88 Urban Development Bill 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 develop- ment plan relating to the responsible Minister’s approval of the draft develop- ment 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 dises- tablished,— (a) (b) (c) (d) Kāinga Ora is the consent authority for resource consent applications to the territorial authority for the project area, as defined in the develop- ment plan (see section 116(1)): 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)): 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: 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 78 Urban Development Bill Part 2 cl 92 (da) (ii) conservation interests may be revoked or cancelled for the pur- poses of the specified development project (see section 143(4)): 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) (f) 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)): Kāinga Ora may use the various funding mechanisms provided for in Part 4 in accordance with the development plan.
90 (1) Continuing application of planning instruments in project area 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 develop- ment 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 speci- fied 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 his- toric 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: 92 (1) (b) override section 63(1).
Status and relevance of iwi planning documents 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.
79 Part 2 cl 93 Urban Development Bill (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 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 notifica- tion under section 86(5), unless the development plan specifies a dif- ferent 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) (b) is required to review a planning instrument, the requirement applies to Kāinga Ora when it reviews the development plan: is required to prepare or change a planning instrument, the requirement applies to Kāinga Ora when it starts to prepare or change the develop- ment 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) (b) the process under this subpart is followed; and 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— 10 15 20 25 30 (i) (ii) the planning instruments applying in the project area before any change was made, if an instrument is changed; or any relevant new or amended national direction applying to the specified development project or in the project area; or 35 (b) to make technical or incidental minor changes, and the responsible Min- ister has approved the changes.
80 Urban Development Bill Part 2 cl 96 (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 develop- ment plan: 5 (a) (b) an evaluation report (see sections 72 and 73); and 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.
10 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 15 (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 pro- ject area.
20 (2) Kāinga Ora may— (a) (b) accept a request for a private plan change, with or without conditions; or reject the request, but only on the grounds that the change requested— (i) (ii) (iii) (iv) (v) (vi) is inconsistent with the project objectives; or applies to the whole of the project area; or 25 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 is not within the scope inconsistent with the purpose of this Act; or 30 is inconsistent with good resource management practice; or 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 35 81 Part 3 cl 97 Urban Development Bill (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.
5 Part 3 Effect of specified development projects Subpart 1—Transitional period and general 97 (1) Overview of this subpart This subpart contains provisions applying, once a specified development pro- ject is established, in relation to— 10 (a) (b) planning and consenting in the project area; and 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) (5) See also subpart 2.


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 15 20 25 In the transitional period for a specified development project, except as modi- fied by this subpart,— (a) (b) (b) the planning instruments that apply in a project area continue to apply in the project area; and a local authority that has functions in respect of activities to be under- taken in a project area continues to be the consent authority.
30 the relevant local authorities retain all of their functions, powers, and duties under the Resource Management Act 1991 in relation to the pro- ject area.
82 Urban Development Bill Part 3 cl 101 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— 5 (a) (b) a map showing the area of any project area within their district or region; and advice on where to access the relevant development plan or draft devel- opment plan.
(2) The obligations under subsection (1) are obligations that apply— (a) as soon as practicable after any specified development project is estab- lished; 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.— 10 15 (a) (b) for resource consent applications in the project area; but excluding resource consent applications described in section 117(1) of this Act.
20 (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 neces- sary 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).
25 30 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.
35 83 Part 3 cl 102 Urban Development Bill (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 manage- ment issues in the district or region (as relevant).
102 Relevant local authority must notify Kāinga Ora before final consideration of plan change (1) (2) This section applies if a change to a district or regional plan applying in a pro- ject area will, if approved, become operative in the project’s transitional period.
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) (b) 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: 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),— 5 10 15 20 (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.
25 (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) (b) 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 subsec- tion (1); and 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.
30 35 84 Urban Development Bill Part 3 cl 104A Effects (5) The effects are that the plan change, or the specified part of the plan change, as relevant,— (a) (b) does not become operative in respect of the project area; and is declined to the extent that it would have applied to the project area.
5 (6) The notice has no effect on any of the following: (a) (b) the plan change being approved and becoming operative in respect of areas outside the project area: 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): 10 15 (b) (c) the relevant local authority: any person who made a submission under the Resource Management Act 1991 on the plan change.
20 (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 25 104A Meaning of relevant application (1) Sections 105 to 108 apply to the following applications that are relevant (as defined in this section): (a) (b) an application for a resource consent for an activity wholly or partly within a project area: 30 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 speci- fied development project was established but is not decided by the local authority before that date; or 35 (b) it is received by the local authority in the transitional period.
85 Part 3 cl 105 Urban Development Bill (3) However, an application described in subsection (1)(a) or (b) is not rele- vant 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 Manage- ment Act 1991, to a relevant application (as defined in section 104A).
as fol- lows: (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— 5 10 15 (i) (ii) a resource consent for an activity wholly or partly within a project area; or a change or cancellation of a condition of an existing resource consent applying in a project area: (b) (c) it applies despite anything to the contrary in the Resource Management Act 1991: 20 it does not apply if Kāinga Ora is the applicant or has given its written approval to the application.
Before the consent authority may grant the resource consent or change or can- cel 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 deci- sion under section 106(1): (a) the consent authority’s draft determination decision; and 25 (b) any conditions that the consent authority would impose on the grant resource consent.
30 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 can- cellation of the condition, on conditions that are inconsistent with that decision of Kāinga Ora.
35 Subsection (5) applies to the time period between— (a) the date on which the consent authority gives Kāinga Ora the documen- tation under subsection (2) (date A); and (2) (3) (4) 86 Urban Development Bill Part 3 cl 108 (b) the earlier of— (i) (ii) the date that is 10 working days after date A: 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 Manage- ment Act 1991 relating to the relevant application.
5 106 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 condi- tions that the consent authority would impose on the grant resource con- sent; and 10 (b) give written notice to the consent authority of its decision, with reasons.
15 (2) However, Kāinga Ora may only make and give notice of a decision under sub- section (1) if Kāinga Ora considers that, in order to achieve the project objectives for the relevant project, it is reasonably necessary to make that deci- sion.
(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) (2) (3) The applicant or the consent holder has a right of objection in relation to a decision of Kāinga Ora under section 106(1).
The objection must be heard by a hearings commissioner.

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 20 25 30 35 87 Part 3 cl 109 Urban Development Bill (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 sec- tion 106(1).
Assistance, information, advice, and record-keeping: project duration 109 Kāinga Ora and territorial authorities must assist persons seeking to 5 determine who does what Kāinga Ora and every relevant territorial authority for a project area (the agen- cies) must give reasonable and timely assistance to a person seeking to deter- mine which of the agencies is responsible for, or capable of performing, par- ticular work or activities in a project area or a part of it.
10 110 (1) Information, advice, and record-keeping obligations from establishment 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 Man- agement Act 1991: 15 (b) to provide certain information or advice at the request of a Māori entity.
(2) Kāinga Ora must— (a) (b) comply with the requirement in subsection (1)(a) as if it were the local authority; and 20 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 legis- lation to provide advice on the management of a natural resource within a pro- ject area, Kāinga Ora must, in the manner required by that Act, deed, or other legislation— (a) (b) respond to the advice given: seek, and have regard to, any advice if Kāinga Ora— (i) (ii) is preparing, changing, or reviewing a development plan: 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 pro- ject, request an entity specified in subsection (4) to supply to Kāinga Ora any of the following information: 25 30 35 88 Urban Development Bill Part 3 cl 112 (a) (b) any information in the possession of the entity: information that is the entity’s written assessment of— (i) (ii) the likely impact of the project on the services that the entity pro- vides; and how best to manage that impact, including the likely cost and tim- ing implications of making changes to the entity’s services.
5 (2) However, before making the request, Kāinga Ora must have the joint Minis- ters’ 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— 10 15 (i) (ii) the Government Communications Security Bureau; and the New Zealand Security Intelligence Service: a departmental agency named in Schedule 1A of the State Sector Act 1988: 20 a statutory entity named in Schedule 1 of the Crown Entities Act 2004: the New Zealand Defence Force: a relevant local authority.
(b) (c) (d) (e) (5) In subsection (1), information does not include— (a) personal information as defined in section 2(1) of the Privacy Act 1993; or 25 (b) (c) information held by the Government Statistician that was collected under the Statistics Act 1975; or information that a revenue officer must keep confidential under section 18(1) of the Tax Administration Act 1994.
30 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— 35 (a) within 30 working days from the date on which the request was received; or 89 Part 3 cl 113 Urban Development Bill (b) by a later date stated in the request or agreed to by Kāinga Ora.
(2) (3) The requirement to comply with the request is subject to sections 113 and 114 (which set out reasons for refusing a request for information).

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 per- son (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) (d) 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 the supply of the information would be likely to result in any of the out- comes 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 pos- ition 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.
35 (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 90 Urban Development Bill Part 3 cl 116 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 sec- tion 111 within the time frame for responding under section 112(1).

(2) Kāinga Ora may commission a suitably qualified person to supply the informa- 5 tion 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 develop- ment 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 pro- moting compliance in a project area for— 10 15 20 25 (a) (b) (c) resource consents granted by Kāinga Ora; and activities specified as permitted activities in the district plan or as amended by the development plan.

; and activities not permitted under the district plan as amended by the devel- opment plan and for which a resource consent has not been granted.
30 (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.
35 91 Part 3 cl 116A Urban Development Bill (4) (5) 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 subsec- tion (5), those provisions apply as if Kāinga Ora were the local authority.
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) (2) In relation to subdivision consents, the functions of a territorial authority in respect of monitoring and enforcement under Part 10 of the Resource Manage- ment Act 1991 become the functions of Kāinga Ora under this subpart.
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) (b) (c) the sole applicant; or an applicant in a partnership; or 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) (b) a local authority; or 1 or more hearings commissioners.

(3) This section— (a) (b) does not limit section 289 or 291; but 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 92 Urban Development Bill Part 3 cl 119 separated from the responsibility and processes for non-regulatory decision making.
118 Certain obligations to post-settlement governance entities continue under this Act (1) (1) If Kāinga Ora is the consent authority for a project area that includes land sub- ject to a statutory acknowledgement, deed of recognition, or overlay classifica- tion 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.
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 rele- vant 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) (b) the project objectives; and the matters that arise for consideration under sections 104 to 107 of the Resource Management Act 1991, modified in accordance with subsec- tion (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: 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: a reference to other regulations includes regulations made under this Act.
(b) (c) (3) Subsection (4) applies if a Treaty settlement Act, Treaty settlement deed, or other iwi participation legislation applying in a project area— 35 (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 93 Part 3 cl 120 Urban Development Bill requires the relevant local authority to have regard to that planning docu- ment 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.
5 (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 author- ity and the development plan were a district plan.
Application of provisions of Resource Management Act 1991 10 120 Resource consents required for activities relating to specified development project (1) (2) 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.
15 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 20 (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) (b) (c) section 87E (except subsection (6A)): section 87F (but subsection (5) is to be read as including Kāinga Ora, unless Kāinga Ora is acting as the consent authority): 25 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 appli- cation for a change to, or cancellation of, a resource consent.
30 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 modifica- tions) and must include— 35 94 Urban Development Bill Part 3 cl 122 (a) (b) information relating to the activity, including information specified by the development plan; and 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) (b) includes the information required for the assessment of environmental effects (see subsection (2)(b)); or and provides the additional information (if any) required by the development plan.
5 10 (4) A consent authority must— (a) assess and determine whether an application is complete— (i) (ii) for any application for a controlled or restricted discretionary activity, within 5 working days of receiving the application: 15 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.
20 (5) (6) If the applicant lodges the returned application again, it is to be treated as a new application.

Except as expressly applied in this section, section 88 of the Resource Manage- ment Act 1991 does not apply to applications for resource consents made under this section.

122 Processing of applications (1) (2) (3) 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.
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.

Section 91 of the Resource Management Act 1991 (deferral pending applica- tion for additional consents) applies, modified by reading the reference to addi- tional consents under the Resource Management Act 1991 as a reference to additional consents under a development plan or under the Resource Manage- ment Act 1991 (see section 91(1)(a) of that Act).
25 30 35 95 Part 3 cl 123 Urban Development Bill 123 Deferral and suspension Sections 91A to 91C of the Resource Management Act 1991 apply to applica- tions 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 5 (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).
10 125 Notification (1) A consent authority must notify applications for resource consents if— (a) (b) a provision in the relevant development plan specifies that notification is required; or the consent authority determines that notification is required, and the nature of that notification, in accordance with subsection (3).

15 (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— 20 (a) (b) (c) a reference to a district plan as including a reference to a development plan; and 25 a reference to a rule as including a reference to a rule in a development plan; and 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,— 30 (a) (b) for controlled and restricted discretionary activities for land use or sub- division, decide whether to notify within 10 working days after the application is first lodged: for all other activities, decide whether to notify within 20 working days after the application is first lodged.

35 (5) The consent authority must make its decisions under subsection (3) in accordance with sections 95A and 95B of the Resource Management Act 1991.
96 Urban Development Bill Part 3 cl 127 (6) A rule for notification in a district or regional plan under the Resource Man- agement 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 deci- sion on the application within the following time limits: (a) (b) for applications for controlled or restricted discretionary land use or sub- division activities, within 10 working days of the application being first lodged: 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) (b) if a hearing is held, not later than 15 working days after the last day of the hearing: if no hearing is held, not later than 20 working days after the closing date for submissions on the application.

5 10 15 (3) This section applies instead of section 115 of the Resource Management Act 1991.
20 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 modifi- cations, as to— 25 (a) (b) (c) who may make a submission: service of submissions: time limits for serving submissions.

(2) A consent authority may, at its own discretion, extend the time for making sub- 30 missions.
(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.

97 Part 3 cl 128 Urban Development Bill 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 5 to be heard (so long as subsection (3) does not apply).

(3) A request under subsection (2) may include a request that Kāinga Ora dele- gate its functions, powers, and duties relating to a hearing to a hearings com- missioner 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 noti- fied application.
(4) Even if no request is made for a hearing, the consent authority may hold a hear- ing 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 Manage- ment Act 1991.
129 Hearings (1) Sections 101 to 103B of the Resource Management Act 1991 apply to the con- duct of a hearing by a consent authority, but with the following modifications: (a) (b) (c) 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: 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: 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 10 15 20 25 30 35 98 Urban Development Bill Part 3 cl 132 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 settle- ment or deed, or other iwi participation legislation were appointed under this Act; and 5 (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 follow- ing modifications: (a) (b) (c) 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: in section 108AA(1)(b)(ii) of that Act, the reference to an applicable dis- trict or regional rule includes a reference to an applicable rule in the rele- vant development plan: 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 10 15 20 132 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) (b) in section 113(1)(a) of that Act, the reference to relevant statutory provi- sions includes a reference to the relevant provisions in this Act: 25 in section 113(1)(ab) of that Act, a reference to a regional policy state- ment 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: 30 (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.

99 Part 3 cl 133 Urban Development Bill 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).
5 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.

10 (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: 15 (a) (b) (c) the applicant or consent holder: any person who made a submission on the application, but only in rela- tion to matters raised in the submission: in relation to a coastal permit for a restricted coastal activity, the Minis- ter of Conservation.
20 (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.

25 (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 author- ity 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 Environ- 30 ment 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 35 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 100 Urban Development Bill Part 3 cl 137 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).
137 Kāinga Ora is requiring authority Designations (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 require- ments of subsection (2); and certain activities outside a project area, in accordance with the require- ments of subsection (3).
(b) (2) The purposes are— (a) (b) to carry out any activity or proposed activity within a project area, if the conditions set out in subsection (3) are satisfied; and 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— 5 10 15 (a) is necessary for, or related to, the project objectives for a specified devel- opment project; and 20 (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— 25 (a) is one that— (i) (ii) distributes water for supply, including irrigation; or operates a drainage or sewerage system; or (iii) constructs or operates a road or a railway line; and (b) (c) is intended to connect to, or support, the development of a specified development project; and is necessary for, or related to, achieving the project objectives for a spe- cified 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 30 35 101 Part 3 cl 138 Urban Development Bill (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: 5 (a) (b) (c) infrastructure: community facilities: 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 10 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 devel- opment project; and (b) reasonably necessary for achieving the project objectives for a specified development.
15 (4) The activities referred to in subsection (3) are: (a) three waters services; and (b) (c) land transport within the meaning of the Land Transport Management Act 2003; and public transport services within the meaning of the Land Transport Man- agement Act 2003.

20 (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 25 requiring authority.

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.
Sections 168 to 186 (but not section 168A or 170) of the Resource Manage- ment Act 1991 apply, with the following necessary modifications, as if— 30 (a) (b) (c) a reference to Part 2 of the Resource Management Act 1991 were a ref- erence to subpart 1 of Part 1 of this Act; and a reference to the territorial authority were a reference to Kāinga Ora, as the context may require; and 35 a reference to a rule in sections 168A and section 169 of the Resource Management Act 1991, and in sections 149ZCB, 149ZCC, 149ZCD, (1) (2) 102 Urban Development Bill Part 3 cl 139 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 a reference to a district plan were a reference to a development plan; and 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 the reference to section 170 in section 169(2) of the Resource Manage- ment Act 1991 were a reference to section 140(4) of this Act; and 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 5 10 a reference to a resolution recommendation of a territorial authority were a reference to a decision of Kāinga Ora; and 15 a reference to the process under Schedule 1 of the Resource Manage- ment Act 1991 were a
 reference to the process for preparing a develop- ment plan under subpart 2 of Part 2 of this Act; and a reference to clause 4 of Schedule 1 of the Resource Management Act 1991 were a reference to this section; and.
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”.

(d) (e) (ea) (f) (g) (h) (i) (j) (3) (4) (5) (6) 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 mean- ing of this subpart.
Section 168A(1) of the Resource Management Act does not apply, but subsec- tions (1A) to (5) of that section must be applied if Kāinga Ora issues a notice of requirement for a designation within a project area.

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.
Section 186 of the Resource Management Act 1991 has no application to land that is protected land under this Act.

35 139 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 author- ity to do anything in accordance with a designation held by Kāinga Ora.
40 103 20 25 30 Part 3 cl 140 Urban Development Bill (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) (4) Subsection (1) does not apply if the designation is for nationally significant infrastructure or a defence area.
5 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 sig- nificant 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) (b) (c) all the matters set out in that subsection; and the relevant project objectives; and whether the work and designation are reasonably necessary for achiev- ing 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 des- ignation 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 sec- tion 76, if Kāinga Ora includes a notice of requirement for a designa- tion in the draft development plan.
10 15 20 25 30 140 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— 35 (a) (b) for a designation in a development plan within a project area; or to alter an existing designation in a development plan.
104 Urban Development Bill Part 3 cl 141A (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) (b) subpart 1 of Part 1 and the relevant project objectives; and the objectives of the requiring authority for the designation.
5 (4) Kāinga Ora must include the requirement in the draft development plan, if— (a) (b) (c) the requirements of section 76 for the draft development plan to be notified have been met; and the draft development plan is ready to be publicly notified; and 10 Kāinga Ora intends to give public notice within 40 working days of receiving notice of a requirement (5) (6) 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.
This section does not apply to a notice of requirement for a designation, or alteration to a designation,— (a) (b) issued by a Minister of the Crown; or 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.

15 20 (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.
25 (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.
30 35 105 Part 3 cl 142 Urban Development Bill (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 Manage- ment Act 1991.

(3) Kāinga Ora must state in the notice of requirement to whom the designation is to be transferred.
(4) (5) 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 des- ignation, as the case may be.

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,— 5 10 15 (a) (b) the part of the designation within the project area must be included in the development plan; but the part of the designation outside the project area must be included in the district plan.
20 (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 sec- tion 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) (b) the Minister for Land Information give effect to provisions in a develop- ment plan that provide for a specified reserve within the project area to be set apart for the purposes of the specified development project; or 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— 25 30 35 (a) (b) describe the land to which it relates and include any relevant survey plans; and identify the provisions in the development plan that provide for the set- ting apart or revocation or cancellation; and 106 Urban Development Bill Part 3 cl 143 (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) (ii) the land comprising the specified reserve has, under a Treaty settlement Act, been vested in or transferred to the post-settlement governance entity; and 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) (ii) the specified reserve is held by a local authority; and the local authority has, under a Treaty settlement Act, entered into a joint management agreement with the post-settlement govern- ance entity in relation to the reserve.
(4) In this section, joint management agreement means an agreement that pro- vides 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) (2) (3) (4) 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 spe- cified development project.
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.

To the extent that the specified reserve is subject to another enactment that pro- vides 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 The Minister of Conservation must, in accordance with a request under sec- tion 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 107 5 10 Part 3 cl 144 Urban Development Bill (b) doing anything else necessary to revoke or cancel the conservation inter- est.
(5) The Registrar-General of Land must remove a registration or notation of a con- servation 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 provi- sions in a development plan that provide for 1 or more of the following to occur within the project area: (a) (b) (c) 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): 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): a reserve to be vested in— any 1 or more persons specified in the devel- opment plan.
15 (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.
20 (2) The request must— (a) (b) (c) describe the land to which it relates and include any relevant survey plans; and identify the provisions in the development plan that provide for the set- ting apart, classification, or vesting; and 25 include any other information reasonably required by the Minister of Conservation.

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.
30 The Reserves Act 1977 applies, with all necessary modifications, to a vesting under this section as if— (a) (b) the reserve were vested under section 26(1) of that Act; and a notice under subsection (3) were a notice under section 26(1) of that Act.
35 (3) (4) (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: 108 Urban Development Bill Part 3 cl 146 (b) (c) 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: 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: 5 (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— (7) (a) (b) sections 16(4), 16A(4), and 26(3) of that Act, and any other precondi- tions in that Act for the taking of an action described in subsection (5), do not apply; and 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.
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 sup- porting 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 10 15 20 (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.

25 (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 dis- established.
146 Overview of this subpart 30 (1) Broadly, this subpart provides for Kāinga Ora to have— (a) (b) 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 powers in relation to non-roading water-related infrastructure (the non- roading water-related infrastructure powers).

35 109 Part 3 cl 147 Urban Development Bill (2) (3) This subpart also contains provisions for bylaw changes related to infrastruc- ture.
Roading powers 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).

5 (4) The roading powers relate only to roads within project areas.

Non-roading Water-related infrastructure powers (5) (6) Broadly, the non-roading water-related infrastructure powers relate to con- structing and altering, but not operating, water supply, wastewater, and drain- age infrastructure.
10 The non-roading water-related infrastructure powers relate to land and non- roading water-related infrastructure within project areas and, to a degree, out- side project areas (see section 156(1)(b)).

Bylaw changes (7) Under this subpart, Kāinga Ora has no power to amend, revoke, or make 15 bylaws.
However, it may— (a) (b) require bylaw changes by way of including them in a development plan; and request, and, in some circumstances (see section 179), require bylaw changes after the development plan is operative.
20 147 Interpretation for this subpart (1) In this subpart, unless the context otherwise requires,— alter includes— (a) (b) extend, upgrade, replace, connect to, or move: disconnect from, demolish, remove, or dispose of (in each case, with or without replacement) 25 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: the supply of reticulated drinking water: sewage and wastewater removal, or treatment, or both: stormwater drainage: supply of water through water races: (a) (b) (c) (d) 110 30 35 Urban Development Bill Part 3 cl 148 (e) (f) trade wastes disposal: 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 neces- sary for, any of the following: (a) the supply of reticulated drinking water: (b) wastewater services: (c) (d) the supply of water through water races: land drainage and rivers clearance.
5 10 (2) A reference to alter or construct includes a reference to— (a) (b) carrying out preliminary work associated with those works (for example, design); and 15 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 build- ing on that land.
20 148 Meaning of roading powers Roads In this Act, roading powers means all of the following functions and powers: (a) (b) the functions and powers of a local authority and an enforcement author- ity under the Land Transport Act 1998 for the purposes of prosecuting stationary vehicle offences: 25 the functions and powers of a council under Part 21 of the Local Gov- ernment Act 1974, except— (i) (ii) (iii) the power to name or alter the name of a road under section 319(1)(j) of that Act; and 30 the functions and powers under sections 316(2), 319A, 319B, and 347 to 352 of that Act; and any power to make a bylaw under a provision of that Act or an authorisation gazetted under section 360 of that Act: 35 (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): 111 Part 3 cl 149 Urban Development Bill (d) (e) (f) 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): 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): 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.
5 10 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— 15 (a) (b) that Kāinga Ora has the roading powers; and 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 20 Zealand Transport Agency.
(3) The enactments in section 148 under which Kāinga Ora has roading powers apply, for the purposes of this section,— (a) (b) (c) as if references in those enactments to a council or other statutory body included references to Kāinga Ora; and 25 as if references in those enactments to a district included references to the project area; and as if references in those enactments to a scheme plan, an operative dis- trict 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.
112 30 35 Urban Development Bill Part 3 cl 152 150 Additional functions if Kāinga Ora has roading powers If Kāinga Ora has the roading powers for roads within a project area, the fol- lowing 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 author- ity 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 dele- gates to it.
5 10 15 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 20 (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 neces- sary 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 25 30 (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) (b) Kāinga Ora must inform the relevant territorial authority, in writing, of its decision; and 35 the relevant territorial authority must dispose of the land in accordance with the requirements of the Local Government Act 1974.; and 113 Part 3 cl 153 Urban Development Bill (c) if requested by the relevant territorial authority, Kāinga Ora must reim- burse the relevant territorial authority for its administrative costs incur- red 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) (2) The relevant territorial authority (or other statutory body) must not perform any function or exercise any power that Kāinga Ora has in accordance with sec- tion 149(2).
Subsection (1) applies unless the board of Kāinga Ora delegates the perform- ance 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) (b) 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 Gov- ernment Act 1974: confers jurisdiction on Kāinga Ora in respect of roads within the mean- ing 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 30 (1) In this Act, non-roading water-related infrastructure powers means the fol- lowing powers: (a) (b) the power to construct any new non-roading water-related infrastructure on, under, or over any land (including any road): the power to alter (including to connect to) any non-roading water-rela- ted infrastructure that Kāinga Ora does not control.
35 For the purposes of subsection (1), alter includes— (a) extend, upgrade, replace, connect to, or move: (2) 114 Urban Development Bill Part 3 cl 158 (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 opera- tive, Kāinga Ora has the non-roading water-related infrastructure powers in relation to existing, and new, non-roading water-related infrastructure— 5 (a) (b) within the project area; and outside the project area, but only to the extent that existing, or new, non- roading water-related infrastructure connects to or services (or will con- nect to or service) the project area.
(2) (3) (4) In the case of private land, the exercise of the non-roading water-related infra- structure powers is subject to the Public Works Act 1981 as to compensation for injurious affection to land.

Subsection (1) is subject to sections 158 to 166.

See also section 20(2) (which prohibits the use of powers in this Act in rela- tion 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) (2) 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.
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 ach- ieved.
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-road- ing water-related infrastructure power to construct any new non-roading water- related infrastructure on, under, or over any land unless— (a) (b) it has written consent to the works from the owner of the land; or it has complied with the requirements in section 159 and— 10 15 20 25 30 35 115 Part 3 cl 159 Urban Development Bill (i) (ii) the owner and the occupier are treated under section 160 as hav- ing consented to the works; or 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 infrastruc- ture in accordance with section 163 (which relates to works described in the development plan).
5 (2) (3) This section is subject to subpart 4 of Part 1.

Subsection (1)(b)(ii) is subject to sections 161(5) and 162.
159 Requirements before constructing new non-roading water-related 10 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 build- ing 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 15 20 25 30 35 116 Urban Development Bill Part 3 cl 161 (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 state- ment 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.
5 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 pro- posed conditions.
10 (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.

15 161 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) (b) of objection to the proposed works; or 20 that proposes different conditions to apply to the works.
(2) Kāinga Ora must, if it decides to proceed with the works,— (a) (b) appoint a hearings commissioner to first hear the objection or the pro- posed conditions; and give the objector reasonable notice of the day, time, and place of the hearing (which may be held in person or by electronic means).
25 (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 deter- mination under subsection (3)(a) or (b).

30 35 117 Part 3 cl 162 Urban Development Bill (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 determin- ation.

5 (2) Pending the decision of the court on the appeal, Kāinga Ora must not proceed with the works.
10 (3) On the hearing of the appeal, the court, whose decision is final, may, in accord- ance 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.
15 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 occu- pier 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) (d) 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 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.
20 25 30 35 118 Urban Development Bill Part 3 cl 166 (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-road- ing 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) (2) (3) Except where section 157 applies, or unless otherwise agreed with the con- trolling 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.
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 condi- tions relating to the works.
For the purposes of this section, a condition is reasonable only if it is neces- sary to ensure— (a) (b) (c) (d) 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 the integrity of that system, for its expected lifetime, is not comprom- ised; or that the controlling authority does not breach a requirement of the Utilit- ies Access Code that relates to another utility operator, or an agreement under that Code with another utility operator.
; or 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— 119 Part 3 cl 167 Urban Development Bill (i) (ii) (iii) any enactment; or the existing conditions of any resource consent; or 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 circum- 5 stances where— (a) (b) the location, nature, and extent of works required for the alterations are described in the development plan; and the condition would, or would likely, prevent or unreasonably delay delivery of the project or achieving the project objectives.
10 (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 con- structed by Kāinga Ora is connected to a system operated by a controlling authority, the ownership of that infrastructure must be transferred to the con- trolling 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 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).
Section 181(4) of the Local Government Act 2002 applies in relation to non- roading infrastructure that Kāinga Ora constructs in accordance with this sub- part as if that infrastructure was work were constructed under section 181 of that Act.
(1) (2) 120 15 20 25 30 35 Urban Development Bill Part 3 cl 173 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.
5 Bylaw changes 171 Meaning of bylaw change In this Act, bylaw change means any of the following: (a) (b) (c) an amendment to an existing a bylaw: the revocation of an existing a bylaw: the making of a new bylaw.
10 172 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— 15 (a) (b) roads, or junctions with roads, that are within the project area; or 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— 20 25 (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) (aa) determine whether a bylaw change is the most appropriate way of addressing the perceived problem; and 30 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 appro- priate form of bylaw change; and 121 Part 3 cl 174 Urban Development Bill (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 5 (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 10 (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,— (b) (c) (d) (e) (f) (g) (h) (i) (i) (ii) a draft of the bylaw as proposed to be made or amended; or 15 a statement identifying the bylaw to be revoked; and the geographical boundaries of the area where the bylaw change is pro- posed to apply; and 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 20 the reasons for the bylaw change; and a statement of the determinations made by Kāinga Ora under section 173(1)(a) and (aa); and a statement specifying the enactment under which the bylaw change is able to be made; and a statement of whether the bylaw change will be requested or required; and 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 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 Trans- port Act 1998, consult with the people listed in section 22AD(2) of that Act; and 122 25 30 35 Urban Development Bill Part 3 cl 176 (b) (c) 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 provide an opportunity for persons to present their views to Kāinga Ora in a manner that enables spoken (or New Zealand sign language) interac- tion 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) (ii) is given a reasonable opportunity to do so; and is informed about how and when they may take up that opportun- ity.
(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 noti- fied 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-mak- ing authority to make the bylaw change.
(2) The notice must include all of the following: (a) (b) (c) a draft of the bylaw to be made or amended, or a statement identifying the bylaw to be revoked; and 30 the geographical boundaries of the area where the bylaw change will apply; and 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 35 (d) a statement as to whether the notice is a request or a requirement.
; and 123 Part 3 cl 177 Urban Development Bill (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 speci- fied in the notice,— 5 (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.

10 (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.
15 179 Circumstances where Kāinga Ora may require bylaw change The circumstances in which Kāinga Ora may require a bylaw change are where— 20 (a) (b) (c) Kāinga Ora has the roading powers in relation to roads within the rele- vant project area; and the bylaw change relates to the safe and effective operation of roads within or at the boundary of the project area; and the public notice of the bylaw change stated, as a reason for the bylaw 25 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 determin- ation by that date).
30 35 124 Urban Development Bill Part 3 cl 184A 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) (b) consult before making the change or (in the case of section 177) refus- ing to make it; or 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).
5 10 15 20 183 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: 25 (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) (2) This section applies in relation to bylaws made or amended in accordance with section 177, 180, or 181.
To the extent the bylaw relates to the project area,— 30 35 125 Part 4 cl 185 Urban Development Bill (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) (ii) determining whether the bylaw or amendment remains reasonably necessary in order to achieve the project objectives; and if so, making the determinations required by section 173(1)(a) and (aa); and 5 (c) Kāinga Ora must review the bylaw as part of any review of the relevant development plan (see section 93).
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.

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.
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).

Subsections (2) and (3) apply despite any other enactment.
(3) (4) (5) (6) Part 4 Funding of specified development projects Subpart 1—Preliminary provisions 10 15 20 185 Purpose of this Part (1) The purpose of this Part is to provide Kāinga Ora with— (a) (b) a range of powers to fairly, equitably, and proportionately fund develop- ment activities that are carried out to achieve project objectives; and 25 the power to recover its actual and reasonable costs incurred in perform- ing 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): require development contributions (see subpart 3): require betterment payments (see subpart 4): fix infrastructure and service charges (see subpart 5 6).

(b) (c) (d) 30 (3) The power referred to in subsection (1)(b) is the power to fix administrative charges (see subpart 6).
35 126 Urban Development Bill Part 4 cl 186 186 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 5 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 10 public transport infrastructure means 1 or more of the following: (a) (b) (c) bus ways and rail lines (including light rail): cycle ways, pedestrian ways, and shared-access ways: 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) (b) the targeted rate is or may be set; or 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 sub- part to targeted rates targeted rate means a rate set under section 193 targeted rates order means an Order in Council made under section 190.
15 20 25 30 (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) (b) is defined in that section; and is not defined in this Part or in another provision of this Act that applies to this Part.
35 127 Part 4 cl 187 Urban Development Bill 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 Gov- ernment (Rating) Act 2002 to targeted rates under this Act, the specified provi- sions of that Act apply with all necessary modifications, including the follow- ing: 5 (a) (b) (c) a reference to a rate must be read as a reference to a targeted rate under this Act: 10 a reference to a local authority must be read as a reference to a relevant territorial authority: any particular modifications specified in the section that applies the pro- visions of that Act.
188 What is rateable?

15 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.
20 (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 25 How are rates authorised?

190 Order in Council may authorise Kāinga Ora to set rates 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 pro- ject area.
30 The Minister must not recommend the making of an order unless satisfied that— (a) (b) the specified development project has a development plan that provides for Kāinga Ora to set targeted rates; and the matters specified in the order in accordance with section 191 are not materially different from those in the development plan; and 35 (1) (2) 128 Urban Development Bill Part 4 cl 191 (c) the order authorises targeted rates to fund activities or groups of activ- ities only to the extent that they are not already funded by local govern- ment rates or another levy.
Examples Example 1 A local authority has set a targeted rate to fund roading in a part of its dis- trict 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 tar- geted rate.
Example 2 A portion of the general rate set by a local authority is used to fund a waste- water 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.
5 10 15 (3) Despite subsection (2)(b), the Minister may recommend that a targeted rates 20 order— (a) (b) specify a rate that is not provided for in the development plan if that is permitted by section 192: specify matters that are different from those in the development plan if that is needed to comply with subsection (2)(c) (for example, by spe- cifying 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) (b) (c) the project area to which the order applies; and the financial years to which the order applies; and for each targeted rate, the matters set out in section 65(1).
25 30 35 129 Part 4 cl 192 Urban Development Bill 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 reason- ably 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 activ- ities 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 5 10 (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) (b) the information in relation to the rate that would otherwise have been required to be included in the development plan; and 15 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 activ- ities to which the need for revenue relates.
20 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 25 the terms of a targeted rates order.

(2) Each rate must— (a) (b) relate to a financial year or part of a financial year; and be consistent with— (i) (ii) the development plan for the specified development project; and 30 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 35 (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).
130 Urban Development Bill Part 4 cl 194 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)sections 20 and 22 of the Local Government (Rating) Act 2002 (rating units in common owner- ship and defence land): (b) section 22 (defence land)section 73 of the Local Government (Auckland Council) Act 2009 (rating of land and assets owned by Auckland water organisation).
(4) In applying section 22 of that Act,— 5 10 (a) (b) the reference to section 13(2) or section 16 of that Act must be read as a reference to this section; and the reference to the district must be read as a reference to the project area.

(5) For the purposes of subsection (3)(a), section 22 of the Local Government (Rating) Act 2002 applies as if— 15 (a) a targeted rate set under this section were set under section 16 of that Act; and (b) the project area were a district.
(6) For the purposes of subsection (3)(b), section 73 of the Local Government (Auckland Council) Act 2009 applies as if a targeted rate set under this section were set under section 16 of the Local Government (Rating) Act 2002.
194 Kāinga Ora may set rates again within same financial year (1) Kāinga Ora may set a targeted rate under section 193 again in the financial year in which the rate was set if— (a) Kāinga Ora determines that it is desirable to set the rate again because of— (i) (ii) an irregularity in setting the rate; or a mistake in calculating the rate; or (iii) a relevant change in circumstances; and (b) (c) setting the rate again will not increase the amount of rates calculated for any rating unit.
; and Kāinga Ora has had regard to the extent to which it will be reasonably practicable, if the rate is set again, for each relevant territorial authority to carry out its functions under this subpart in relation to the rate.

(2) Kāinga Ora may set a rate again only if it has given 14 days’ public notice of its intention to set the rate again.
20 25 30 35 131 Part 4 cl 195 Urban Development Bill (3) (4) The notice must include a statement of the reason why Kāinga Ora has deter- mined that it is desirable to set the rate again.

If setting the rate again results in a change to the amount of rates to be calcula- ted for any rating unit,— (a) the relevant territorial authority must correct the rates record for the rat- ing unit as soon as practicable; and 5 (b) section 41 of the Local Government (Rating) Act 2002 applies.
Compare: 2002 No 6 s 119 195 Rates may cover costs of collection and recovery (1) Kāinga Ora may set targeted rates at an amount that allows for the recovery of the reasonable costs of each relevant territorial authority for calculating, col- lecting, and recovering the rates.

(2) The amount referred to in subsection (1) is in addition to the maximum amount of revenue permitted by the targeted rates order.
196 Procedural requirements for rates resolution (1) A resolution under section 193 must be— (a) (b) notified in the Gazette; and published on the Kāinga Ora Internet site.

(2) A resolution is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
197 Due date or dates for payment The date or dates for payment of targeted rates under this Act on a rating unit are the same as the date or dates for payment of the general rate local govern- ment rates owed to the relevant territorial authority whose district includes that unit.

10 15 20 25 How are rates spent?


198 How rates may be spent Kāinga Ora may only— (a) (b) spend revenue from a targeted rate on the activity or group of activities specified for the rate in the targeted rates order; or 30 transfer the revenue to a person who is required by a contract with Kāinga Ora to spend the revenue on carrying out the activity or group of activities.
(1) Kāinga Ora may spend the revenue it receives from a targeted rate only for the purpose of the activity or group of activities specified for the targeted rate in the targeted rates order.
35 132 Urban Development Bill Part 4 cl 198B (2) The spending authorised by subsection (1) includes using the revenue to do either or both of the following, in relation to the activity or group of activities: (a) pay costs incurred by another person for the purpose of constructing works or providing goods or services, if Kāinga Ora is contractually liable to fund or reimburse those costs: 5 (b) meet either or both of the following financing costs of Kāinga Ora: (i) the costs of meeting the commitments of Kāinga Ora under a loan or obligations under an incidental arrangement: (ii) the costs of refinancing.
(3) In this section, incidental arrangement and loan have same meanings as in section 112 of the Local Government Act 2002 (and those definitions apply as if Kāinga Ora were a local authority).
10 198A When excess rates are refunded to ratepayers (1) This section applies if, at the end of the period for which a targeted rate is pay- able,— 15 (a) Kāinga Ora holds an amount of revenue from the rate that exceeds the costs incurred by Kāinga Ora, or a person referred to in section 198(2)(a), in relation to the activity or group of activities specified for the rate in the targeted rates order; or (b) a relevant territorial authority holds an amount of revenue from the rate that it has retained in accordance with section 199C.
20 (2) If subsection (1)(a) applies, Kāinga Ora must pay the excess revenue to the relevant territorial authority.

(3) The relevant territorial authority must— (a) (b) credit to the rates records of affected rating units the excess revenue that the authority receives from Kāinga Ora or that it has retained; and 25 in apportioning the excess revenue between each affected rating unit, apply the same method as was most recently used to assess ratepayers’ liability for the targeted rate.
(4) However, the relevant territorial authority may retain an amount of the excess revenue to cover the reasonable costs of the authority incurred in complying with subsection (3).
30 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 35 (1) Kāinga Ora must provide written notice of a resolution under section 193 to each relevant territorial authority no later than— 133 Part 4 cl 199 Urban Development Bill (a) the 10 May that precedes the start of the financial year for which the tar- geted rates set by the resolution are payable; or (b) a date agreed between Kāinga Ora and the relevant territorial authority.
(2) However, Kāinga Ora must provide written notice of the resolution to each relevant territorial authority as soon as is practicable after the resolution is made if— 5 (a) (b) the rate is set under a targeted rates order that is made in reliance on section 192; or the rate is set in reliance on section 194.
199 Relevant territorial authority to collect rates (1) As soon as practicable after a resolution is made under section 193, Kāinga Ora must provide written notice of the resolution to each relevant territorial authority.

A After receiving notice of a resolution in accordance with section 198B, a relevant territorial authority must calculate, collect, and recover the targeted rates set by the order resolution for its district in accordance with— this sub- part.
10 15 (a) (b) this subpart; and the provisions of the Local Government (Rating) Act 2002 that are applied by this subpart.

20 199A Relevant territorial authority to pay rates revenue to Kāinga Ora (1) Each relevant territorial authority must pay to Kāinga Ora the revenue that it collects or recovers from a targeted rate under this Act.

(2) This section is subject to sections 199B and 199C.
199B Relevant territorial authority may retain some rates revenue to cover costs 25 (1) A relevant territorial authority may, in accordance with this section, retain an amount of revenue that it collects or recovers from a targeted rate under this Act.

(2) The amount that the relevant territorial authority may retain is the amount nee- ded to cover the actual and reasonable costs incurred by the authority in carry- ing out its functions under this subpart in relation to the rate.
(3) An amount of revenue that a relevant territorial authority retains under this sec- tion still counts towards the maximum amount of revenue that may be recov- ered from the rate (either generally or from a category of land) in a financial year.
30 35 199C Relevant territorial authority to retain and refund rates revenue if maximum is exceeded A relevant territorial authority must— 134 Urban Development Bill Part 4 cl 201 (a) retain any amount of revenue from a targeted rate under this Act that it collects or recovers in excess of the maximum amount of revenue that may be recovered from the rate (either generally or from a category of land) in a financial year; and (b) refund that amount in accordance with section 198A.
5 Process for calculation, payment, and recovery of rates 200 Rates must be calculated in accordance with values and factors (1) Targeted rates must be calculated in accordance with— (a) (b) a rating unit and the rateable values (as applicable to targeted rates under this Act) set out in the rating information database; or 10 the factors (as applicable to targeted rates under this Act) relevant to a rating unit that are set out in the rating information database.
(2) (3) (4) For the purposes of subsection (1), the relevant rating unit, values, or factors are those that have been corrected as at the end of the financial year immedi- ately before the financial year for which the rates are set.

The rates are not affected by a change in the rateable value or factors of a rat- ing unit during the financial year in which the rates are set.

See section 211 (which relates to information that a relevant territorial authority must record in its rating information database).
Compare: 2002 No 6 s 43 201 Notice of rates assessment 15 20 (1) A rates assessment delivered under section 44 of the Local Government (Rat- ing) Act 2002 must give notice of the ratepayer’s liability for any targeted rates under this Act on the rating unit.

(2) (1) The notice is in addition to the notice referred to in section 44(1) of the Local Government (Rating) Act 2002.
25 If a rating unit is subject to targeted rates under this Act, the relevant territorial authority must deliver a rates assessment to the ratepayer to give notice of the ratepayer’s liability for the targeted rates on the rating unit.

(2) The authority may deliver the rates assessment for the targeted rates— 30 (a) (b) by delivering it as a separate document; or by including it in a rates assessment for local government rates that is delivered under section 44 of the Local Government (Rating) Act 2002.
(3) A ratepayer is liable for the targeted rates on a rating unit when the relevant territorial authority delivers the rates assessment for the rating unit the targeted rates to the ratepayer.
35 135 Part 4 cl 202 Urban Development Bill 202 Contents of rates assessment (1) If a ratepayer is liable for targeted rates under this Act, a A rates assessment delivered under section 44 of the Local Government (Rating) Act 2002 in accordance with section 201 must clearly identify the following: (a) the amount of each targeted rate: 5 (b) (c) (d) the activity or group of activities that will be funded from each rate: if applicable, the relevant matters that are required to determine the cat- egory to which the rating unit belongs for the purposes of setting a targe- ted rate differentially: information on the factors used to calculate the amount of the liability of a rating unit for each targeted rate: 10 (e) a brief description of the criteria for rates relief under— (i) (ii) the relevant rates remission policy and the relevant rates post- ponement policy; and if there is one, the relevant policy on the remission and postpone- ment of rates on Māori freehold land.
15 (1A) If the rates assessment is delivered as a separate document,— (a) the assessment must also, in relation to the targeted rate, clearly identify the information described in section 45(1)(a) to (e), (j), (k), and (m) to (p) of the Local Government (Rating) Act 2002; and (b) section 45(2) to (4) of that Act applies to the assessment.
(2) The rates If the rates assessment is included in a rates assessment for local gov- ernment rates, the assessment may present a combined total of the ratepayer’s liability for targeted rates under this Act and local government rates, but must also clearly set out the ratepayer’s liability for each of those rates.
203 Rates invoice (1AAA) If payment of targeted rates under this Act for a rating unit is due for a par- ticular period, the relevant territorial authority must deliver to the ratepayer a rates invoice for the targeted rates on the rating unit for that period.
(1AAB) The authority may deliver the invoice for the targeted rates— (a) (b) by delivering it as a separate document; or by including it in an invoice for local government rates that is delivered under section 46 of the Local Government (Rating) Act 2002.
If payment of targeted rates under this Act for a rating unit is due for a particu- lar period, a rates invoice delivered under section 46 of the Local Government (Rating) Act 2002 for the unit for the period The invoice for the targeted rates must clearly identify the amount of— (a) targeted rates payable for the financial year for the rating unit; and (1) 136 20 25 30 35 Urban Development Bill Part 4 cl 204A (b) (c) (d) targeted rates that have been paid to date for the financial year; and targeted rates payable on the current rates invoice; and any unpaid targeted rates owing from a previous financial year for the rating unit.
(1A) If the invoice is delivered as a separate document,— (a) the invoice must also, in relation to the targeted rate, clearly identify the information described in section 46(2)(a) to (c) and (g) to (i) of the Local Government (Rating) Act 2002; and (b) section 46(3) of that Act applies to the assessment.
(2) The If the invoice is included in an invoice for local government rates, the invoice may present a combined total of the ratepayer’s liability for targeted rates under this Act and local government rates, but must also clearly set out the ratepayer’s liability for each of those rates.
204 Penalties on unpaid rates (1) If a relevant territorial authority authorises penalties to be added to unpaid local government rates, the authority may add the same penalties to any unpaid tar- geted rates under this Act that it is required to collect.

(2) Kāinga Ora and the relevant territorial authority may agree to the authority retaining a portion of the penalties collected on the unpaid targeted rates.
204A When Kāinga Ora may recover unpaid rates (1) This section applies if— (a) there is an amount of targeted rates under this Act that is unpaid for a rating unit; and (b) the local government rates for the unit have been paid.

(2) The relevant territorial authority— (a) may notify Kāinga Ora that the authority will not recover the unpaid tar- geted rate; and (b) on notifying Kāinga Ora under paragraph (a), is not required to recover the unpaid targeted rate.
(3) On receiving the notice, Kāinga Ora may recover the unpaid targeted rate in accordance with the provisions of the Local Government (Rating) Act 2002 that are applied by— (a) (b) section 205(1)(i) to (n); or if the rating unit is Māori freehold land, section 210.
137 Part 4 cl 205 Urban Development Bill 205 Application of Local Government (Rating) Act 2002: calculation, payment, and recovery (1) The following sections of the Local Government (Rating) Act 2002 apply to targeted rates under this Act: Rates assessments and rates invoices Calculation and invoicing of rates 5 (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) section 47 (issue of amended rates invoice): section 48 (delivery of rates assessment and rates invoice): section 49 (late delivery of rates invoice): section 50 (rates invoice based on previous year’s rates): section 51 (combined rates assessment and rates invoice): Collection of rates section 52 (payment of rates): section 53 (one or more local authorities may appoint collector): section 54 (power not to collect small amounts): Recovery of unpaid rates sections 59 and 60 (recovery of unpaid rates): sections 61 and 62 (recovery from persons other than owner): sections 63 to 66 (legal proceedings to recover rates): sections 67 to 76 (rating sales and leases): sections 77 to 83 (abandoned land): section 84 (Crown land held on lease or licence).
Section 50 of Local Government (Rating) Act 2002 (2) A relevant territorial authority may, under section 50 of that Act, deliver a rates invoice for targeted rates under this Act only if the rates invoice is also for local government rates.

(3) In applying section 50 of that Act, a reference to a resolution under section 23 of that Act must be read as a reference to a resolution under section 193 of this Act.
Policy under section 55 or 56 of Local Government (Rating) Act 2002 (4) A policy adopted by a responsible territorial authority under section 55 or 56 of that Act (policy for early payment of rates in current or for subsequent finan- cial year) applies to targeted rates under this Act, with all necessary modifica- tions, as if they were local government rates.
Section 75 of Local Government (Rating) Act 2002 10 15 20 25 30 (5) In applying section 75 of that Act, the reference to the district must be read as a reference to the project area.
35 138 Urban Development Bill Part 4 cl 209 Remission and postponement of rates 206 Remission of rates (1) A relevant territorial authority must remit all or part of the targeted rates under this Act on a rating unit in its district if the authority is satisfied that the condi- tions and criteria in the relevant rates remission policy are met.

5 (2) (3) The relevant territorial authority must give notice to an affected ratepayer iden- tifying any remitted targeted rates.
In this section, a reference to targeted rates includes any penalties on targeted rates.

Compare: 2002 No 6 s 85 207 Recording remitted rates 10 A relevant territorial authority must record targeted rates that are remitted under section 206— (a) on the rates record for the rating unit as paid on the due date; and (b) in accounting documents as paid by Kāinga Ora on behalf of the rate- payer in accordance with the relevant rates remission policy.
15 Compare: 2002 No 6 s 86 208 Postponement of requirement to pay rates (1) A relevant territorial authority must postpone the requirement to pay all or part of the targeted rates under this Act on a rating unit in its district if— 20 (a) (b) the ratepayer has applied in writing for a postponement; and the authority is satisfied that the conditions and criteria in the relevant rates postponement policy are met.
(2) The relevant territorial authority must give notice to an affected ratepayer— (a) (b) identifying any postponed targeted rates; and 25 stating when, or in which circumstances, the rates will become payable.

(3) In this section, a reference to targeted rates includes any penalties on targeted rates.
Compare: 2002 No 6 s 87 209 Application of Local Government (Rating) Act 2002: postponed rates 30 (1) The following sections of the Local Government (Rating) Act 2002 apply to targeted rates under this Act: (a) (b) (c) section 88 (postponement fee may be added to postponed rates): section 89 (recording postponed rates): section 90 (postponed rates may be registered as charge on rating unit).
35 139 Part 4 cl 210 Urban Development Bill (2) In applying the provisions listed in subsection (1), a reference to a local authority’s rates postponement policy must be read as a reference to the rele- vant rates postponement policy.

Rating of Māori freehold land 210 Application of Local Government (Rating) Act 2002: rating of Māori 5 freehold land Part 4 of Local Government (Rating) Act 2002 (1) (2) Part 4 of the Local Government (Rating) Act 2002 applies to targeted rates under this Act.
In applying Part 4 of that Act, a reference to a local authority’s policy on the remission and postponement of rates on Māori freehold land must be read as a reference to the relevant policy on the remission and postponement of rates on Māori freehold land.
10 Order exempting Māori freehold land from rates (3) An Order in Council under section 116 of the Local Government (Rating) Act 15 2002— (a) applies to land within a project area if the order is made— (i) before the specified development project is established; or (ii) with the consent of Kāinga Ora, if the order is made after the spe- cified development project is established; and 20 (b) applies to targeted rates under this Act as if they were local government rates, unless the order expressly provides otherwise.
(4) In determining whether to consent to an order under subsection (3)(a)(ii), Kāinga Ora must consider— (a) the relevant policy on the remission and postponement of rates on Māori freehold land; and 25 (b) the objectives set out in Schedule 11 of the Local Government Act 2002.
Rating information database and rates records 211 Rating information database to include information on targeted rates A relevant territorial authority must record in its rating information database, in relation to each rating unit in its district that is subject to targeted rates under this Act, all information that relates to the unit that is required to— (a) (b) determine the category (if any) to which the unit belongs for the pur- poses of setting targeted rates in accordance with section 193; and calculate the amount of liability for targeted rates in accordance with section 200.
30 35 140 Urban Development Bill Part 4 cl 214 212 Rates records to include information on targeted rates A relevant territorial authority must record in its rates record for a rating unit in its district the amount of the ratepayer’s liability, in respect of that unit, for tar- geted rates under this Act.
213 Kāinga Ora and relevant territorial authority to share rating information 5 (1) If land within a project area is subject to targeted rates under this Act, Kāinga Ora must provide each relevant territorial authority with— (a) (b) the information referred to in sections 194(4), 211, and 212; and any other information held by Kāinga Ora that the authority needs to comply with— this subpart.

(i) (ii) this subpart; or the provisions of the Local Government (Rating) Act 2002 that are applied by this subpart.
(2) Each relevant territorial authority must provide Kāinga Ora with access to the information contained in the authority’s rating information database that Kāinga Ora needs to perform its functions under this subpart.

(3) Kāinga Ora may use the rating information database only to perform or exer- cise its those functions, powers, or duties under this subpart.
(4) A relevant territorial authority may not charge a fee for providing the informa- tion to Kāinga Ora (but the costs of carrying out the duty imposed by subsec- tion (2) may be recovered by the authority in accordance with section 199B).
10 15 20 214 Application of Local Government (Rating) Act 2002: rating information database and rates records The following sections of the Local Government (Rating) Act 2002 apply to targeted rates under this Act: 25 (a) (b) (c) (d) (e) section 38 (inspection of rates records): section 39 (objection to rates records): section 40 (local authority may correct errors in rating information data- base and rates records): 30 section 41 (amended assessment if error in rating information database or rates record is corrected): section 41A (amended assessment to give effect to objection to valuation under Rating Valuations Act 1998): (f) section 42 (recovery of additional rates in certain cases).
35 141 Part 4 cl 214A Urban Development Bill 214A Application of Local Government (Rating) Act 2002: rating information database and rates records (1) The following sections of the Local Government (Rating) Act 2002 apply to targeted rates under this Act: (a) (b) (c) sections 27 to 29 (other than section 28D) (rating information database): 5 sections 30 to 36 (notification of change in circumstances): sections 37 to 42 (rates records).
Section 27 of Local Government (Rating) Act 2002 (2) In applying section 27 of that Act,— (a) (b) (c) the reference to information in section 27(4)(b) of that Act must be read as including the information referred to in section 211 of this Act; and the reference to different categories in section 27(5)(a) of that Act must be read as including the categories referred to in section 211(a) of this Act; and 10 the reference to policies in section 27(5)(c) of that Act must be read as including the relevant policies set out in the development plan.
15 Section 37 of Local Government (Rating) Act 2002 (3) In applying section 37(3) of that Act, the reference to section 27(4) of that Act must be read as a reference to section 211 of this Act.

Other matters 20 215 Kāinga Ora may assume functions, etc, of relevant territorial authority Kāinga Ora may, by notice to a relevant territorial authority, assume any of the authority’s functions, powers, or duties under this subpart.
216 Relevant territorial authority may delegate to its chief executive, etc (1) A relevant territorial authority may delegate its functions, powers, or duties 25 under this subpart to— (a) (b) its chief executive; or any other specified officer of the authority.

(2) A relevant territorial authority must not delegate the power to delegate.
Compare: 2002 No 6 s 132 217 Application of local government Acts: other matters (1) The following sections of the Local Government (Rating) Act 2002 apply to targeted rates under this Act: section 134 (Judge, etc, not interested merely by being ratepayer): section 135 (evidence of certain matters).

(a) (b) 142 30 35 Urban Development Bill Part 4 cl 220 (2) Section 115 (rates as security) of the Local Government Act 2002 applies to targeted rates under this Act with all necessary modifications.
Subpart 3—Development contributions 218 Principles for development contributions Section 197AB of the Local Government Act 2002 (which sets out the prin- ciples relating to development contributions under that Act) applies to this sub- part, with all necessary modifications, as if Kāinga Ora were a territorial authority.
219 Meaning of development In this subpart, development— (a) means any subdivision, building (within the meaning of section 8 of the Building Act 2004), land use, or work that generates a demand for reserves, roading or non-roading infrastructure, or community facilities; but (b) does not include— (i) (ii) the pipes or lines of a network utility operator; or nationally significant infrastructure.
Compare: 2002 No 84 s 197(1) 5 10 15 220 Kāinga Ora may require development contributions (1) Kāinga Ora may require a development contribution from the person under- 20 taking a development if— (a) (b) the development plan for the project authorises Kāinga Ora to require development contributions; and the effect of the development is to require new or additional assets or assets of increased capacity— 25 (i) (ii) in a project area; or outside a project area if the assets directly benefit, or are required for, a development in the project area; and (c) as a consequence, Kāinga Ora— (i) (ii) incurs capital expenditure to provide appropriately for reserves, roading or non-roading infrastructure, or community facilities; or 30 is liable to pay a development contribution to a relevant territorial authority.
(2) This section does not prevent Kāinga Ora from requiring a development contri- bution that is to be used to pay, in full or in part, for capital expenditure already incurred by Kāinga Ora in anticipation of the development.

35 143 Part 4 cl 221 Urban Development Bill (3) In subsection (1), effect includes the cumulative effects that a development may have in combination with other developments.
Compare: 2002 No 84 s 199 221 Determining amount of development contributions Kāinga Ora must determine the amount of a development contribution in accordance with— 5 (a) (b) the relevant development contributions policy; and the methodology for calculating development contributions set out in clause 1 of Schedule 13 of the Local Government Act 2002 (which applies, with all necessary modifications, as if Kāinga Ora were a terri- torial authority).
Compare: 2002 No 84 s 197(2) 222 Manner in which development contributions may be required (1) Kāinga Ora may require a development contribution to be made to Kāinga 10 15 Ora— (a) (b) (c) (d) on the date that a resource consent is granted under this Act or the Resource Management Act 1991 for a development within a project area; or on the date that a building consent is granted under the Building Act 2004 for building work situated within a project area; or 20 on the date that an authorisation is granted for a service connection within a project area; or on the date or dates agreed in writing between Kāinga Ora and the devel- oper.
(2) Kāinga Ora may require a development contribution only where it is consistent with the relevant development contributions policy in force at the time the application for a resource consent, building consent, or service connection was submitted.
(3) If the relevant development contributions policy provides for a development contribution under subsection (1)(b), Kāinga Ora may require that develop- ment contribution to be made when a certificate of acceptance is granted under section 98 of the Building Act 2004 if a development contribution would have been required had a building consent been granted for the relevant building work.
(4) A relevant territorial authority or a building consent authority may, as appropri- ate and by agreement with Kāinga Ora, exercise the powers under subsec- tions (1) and (3) on Kāinga Ora’s behalf.

25 30 35 144 Urban Development Bill Part 4 cl 223 (5) Section 198(3) and (4) of the Local Government Act 2002 applies in relation to a requirement for a development contribution under subsection (1)(a) or (b).
Compare: 2002 No 84 s 198 223 Limits on power to require development contributions (1) Kāinga Ora must not require a development contribution— (a) (b) (c) to the extent that Kāinga Ora or a relevant territorial authority has imposed a condition on a resource consent in relation to the same devel- opment for the same purpose; or to the extent that another person has funded or provided, or undertaken to fund or provide, the reserve, roading or non-roading infrastructure, or community facilities to which the contribution relates; or to the extent that a development contribution has been, or will be, paid to a relevant territorial authority by a person other than Kāinga Ora for the same purpose; or.
(d) for the provision of any reserve— (i) (ii) if the development is non-residential in nature; or for the non-residential component of a development that has both a residential component and a non-residential component.
(2) Despite subsection (1), Kāinga Ora is not prevented from— (a) accepting from a person, with the person’s agreement, an additional con- tribution for a reserve, roading or non-roading infrastructure, or commu- nity facilities; or (b) requiring a development contribution where— (i) (ii) (iii) income from any other source is being used, or will be used, to meet a proportion of the capital costs of a reserve, roading or non- roading infrastructure, or community facilities for which the development contribution will be used; or a person required to make the development contribution is also a ratepayer in a relevant territorial authority’s district or has paid or will pay fees or charges in respect of a reserve, roading or non- roading infrastructure, or community facilities; or a further development contribution is required to be made for the same purpose if the further development contribution is required to reflect an increase in the scale or intensity of the development since a previous development contribution was required by either Kāinga Ora or a relevant territorial authority.
(3) In subsection (1)(d),— reserve does not include land that forms or is to form part of any road or is used or is to be used for stormwater management purposes 145 Part 4 cl 224 Urban Development Bill residential, in relation to a development or a component of a development, includes the provision of units or camp sites for the purposes of overnight, tem- porary, or rental accommodation.
Compare: 2002 No 84 s 200(1)–(4) Reconsiderations and objections 5 224 Right to reconsideration of requirement for development contributions Grounds and process for reconsideration (1) A person who is required by Kāinga Ora to make a development contribution may request that Kāinga Ora reconsider the requirement if the person has grounds to believe that— 10 (a) the development contribution was incorrectly calculated or assessed under the relevant development contributions policy; or (b) Kāinga Ora incorrectly applied the relevant development contributions policy; or (c) either or both of the following was incomplete or contained errors: 15 (i) (ii) the information used to assess the person’s development against the relevant development contributions policy: the way Kāinga Ora recorded or used the information when requiring the development contribution.
(2) A request for a reconsideration must be made to Kāinga Ora— (a) in accordance with the relevant development contributions policy; and (b) within 10 working days after the date on which the person received notice of the requirement.

(3) Kāinga Ora must reconsider the requirement in accordance with its the relevant development contributions policy.

(4) A person may not request a reconsideration if the person has already lodged an 20 25 objection under section 225.
Notifying outcome of reconsideration (5) Kāinga Ora must notify the person who lodged the request of the outcome of its reconsideration no later than 15 working days after the request is lodged.

30 (6) The person may object to the outcome of the reconsideration in accordance with section 225.
Compare: 2002 No 84 ss 199A, 199B 225 Objection to development contributions (1) A person required by Kāinga Ora to make a development contribution may, on any 1 or more of the specified grounds, object to the assessed amount of the development contribution.
35 146 Urban Development Bill Part 4 cl 227 (2) The specified grounds are as follows: (a) (b) (c) (d) that Kāinga Ora failed to properly take into account features of the objector’s development that, on their own or cumulatively with those of other developments, would substantially reduce the impact of the devel- opment on requirements for reserves, roading or non-roading infrastruc- ture, or community facilities in the project area or parts of the area: that Kāinga Ora required a development contribution for reserves, road- ing or non-roading infrastructure, or community facilities not required by, or related to, the objector’s development, whether on its own or cumulatively with other developments: that Kāinga Ora required a development contribution in breach of this Act (including those provisions of the Local Government Act 2002 applied by this Act): 5 10 that Kāinga Ora incorrectly applied the relevant development contribu- tions policy to the objector’s development.
15 (3) A person has a right of objection under this section irrespective of whether they request a reconsideration under section 224.
Compare: 2002 No 84 ss 199C, 199D 226 Procedure for objection to development contributions An objection to a development contribution must be lodged with Kāinga Ora in accordance with sections 199H to 199P and Schedule 13A of the Local Gov- ernment Act 2002, which apply with all necessary modifications, including the following: 20 (a) (b) (c) (d) (e) (f) (g) a reference to a territorial authority must be read as a reference to Kāinga Ora (other than in section 199H(1) of that Act): 25 a reference to a district must be read as a reference to a project area: a reference to a development contributions policy must be read as a ref- erence to the relevant development contributions policy: a reference to section 150A of that Act must be read as a reference to section 227 of this Act: a reference to section 199B of that Act must be read as a reference to section 224(5) of this Act: a reference to section 199C of that Act must be read as a reference to section 225 of this Act: a reference to section 208 of that Act must be read as a reference to sec- tion 230 of this Act.
30 35 227 Costs of development contributions objections (1) Kāinga Ora may recover from a person who lodges an objection its actual and reasonable costs incurred in respect of— 147 Part 4 cl 227A Urban Development Bill (a) (b) (c) the selection, engagement, and employment of the development contri- butions commissioners; and the secretarial and administrative support of the objection process; and preparing for, organising, and holding the hearing.
(2) Kāinga Ora may, in any particular case and in its absolute discretion, waive or remit the whole or any part of any costs that would otherwise be payable under this section.

5 (3) Money payable under this section is recoverable by Kāinga Ora as a debt.
Compare: 2002 No 84 ss 150A, 252 Other matters Use of development contributions 227A Use of development contributions by Kāinga Ora (1) (2) (3) If a development contribution is required by Kāinga Ora under section 220(1)(c)(i), the contribution— (a) must be used for, or towards, the capital expenditure on the reserves, infrastructure, or community facilities for which the contribution was required, which may also include the development of the reserves, infra- structure, or community facilities; but (b) must not be used for the maintenance of the reserves, infrastructure, or community facilities.
If a development contribution is required by Kāinga Ora under section 220(1)(c)(ii), the contribution must be used for, or towards, the payment of the development contribution for which it was required.

Subsection (1) is subject to section 228.
Compare: 2002 No 84 s 204 228 Use of development contributions for reserves (1) Kāinga Ora must use a development contribution required for reserves pur- poses for developing or purchasing land for reserves within or adjacent to the relevant project area, which may include any 1 or more of the following: 10 15 20 25 (a) (b) the development of community facilities associated with the use of a reserve: 30 the provision or improvement of community facilities at a school estab- lished or about to be established under Part 12 of the Education Act 1989, if— (i) (ii) a licence has been granted under section 6A of the Education Lands Act 1949 or section 70B of the Education Act 1989 in rela- tion to the use or occupation of the community facilities; and 35 the Minister for Sport and Recreation has notified Kāinga Ora in writing that he or she is satisfied that the licence provides for the 148 Urban Development Bill Part 4 cl 229 reasonable use of the community facilities by members of the public: (c) the purchase of land that is, or will be, subject to a covenant under sec- tion 77 of the Reserves Act 1977 or section 27 of the Conservation Act 1987: 5 (d) payment, on terms and conditions Kāinga Ora thinks fit, to— (i) (ii) (iii) a local authority or public body in which land is vested to enlarge, enhance, or develop the land for public recreation purposes: the administering body of a reserve held under the Reserves Act 1977 to enlarge, enhance, or develop the reserve: 10 the trustees or body corporate in whom is vested a Māori reserva- tion to which section 340 of Te Ture Whenua Maori Act 1993 applies, to enhance the reservation for cultural or other purposes: (iv) any person, to secure an appropriate interest in perpetuity in land for conservation purposes.
15 (2) This section is subject to section 229.

Compare: 2002 No 84 s 205 229 Alternative uses of development contributions for reserves (1) This section applies if Kāinga Ora considers that, in a project area or areas adjacent to it,— 20 (a) (b) there are adequate reserves; or it is impracticable to set apart, develop, or purchase land for reserves.
(2) Kāinga Ora may, if it considers it will benefit the residents in the project area, use a development contribution required for reserves purposes— (a) to purchase or develop, for public recreation purposes, any land that is, or will be,— 25 (i) (ii) vested in, or controlled by, Kāinga Ora, a relevant territorial authority, or the Crown; or developed in partnership with a relevant territorial authority or a third party: 30 (b) to make payments or advance money to a relevant territorial authority or a public body for public recreational purposes.
(3) Kāinga Ora may make a payment under subsection (2)(b) only— (a) (b) with the consent of the joint Ministers; and on the terms and conditions that the joint Ministers think fit.
35 Compare: 2002 No 84 s 206 149 Part 4 cl 230 Urban Development Bill Other matters 230 Consequences if development contributions unpaid (1) Until a development contribution required by Kāinga Ora has been paid, Kāinga Ora may,— (a) in the case of a development contribution required when a resource con- sent is granted,— 5 (i) (ii) withhold a certificate under section 224(c) of the Resource Man- agement Act 1991; or prevent the commencement of a resource consent under the Resource Management Act 1991; or 10 (b) (c) (d) in the case of a development contribution required when a building con- sent is granted, require that a code compliance certificate under sec- tion 95 of the Building Act 2004 be withheld; or in the case of a development contribution required in accordance with section 222(3), require that a certificate of acceptance under section 99 of the Building Act 2004 be withheld; or in the case of a development contribution required when an authorisation for a service connection is granted, withhold a service connection to the development.
(2) In any case where the development contribution is unpaid, Kāinga Ora may register the development contribution under subpart 5 of Part 3 of the Land Transfer Act 2017 as a charge on the title of the land in respect of which the development contribution was required.

(3) A relevant territorial authority or a building consent authority may, as appropri- ate and by agreement with Kāinga Ora, exercise the powers under subsec- tion (1) on Kāinga Ora’s behalf.
Section 99AA of the Building Act 2004 applies if a certificate of acceptance is withheld under subsection (1)(c).
Compare: 2002 No 84 s 208 (4) 15 20 25 231 Refund of development contributions if developments do not proceed 30 (1) Kāinga Ora must refund or return a development contribution paid or otherwise given to Kāinga Ora if— (a) (b) (c) the relevant resource consent lapses or is surrendered; or the building consent lapses under section 52 of the Building Act 2004; or the development or building in respect of which the resource consent or building consent was granted does not proceed; or 35 (d) Kāinga Ora does not provide, or ensure the provision of, the reserve, roading or non-roading infrastructure, or community facility for which 150 Urban Development Bill Part 4 cl 233 the development contribution was required within 10 years after receiv- ing the contribution.
(2) However, Kāinga Ora may retain a portion of the development contribution equivalent to the costs incurred by Kāinga Ora in relation to the development and its discontinuance.
5 Compare: 2002 No 84 s 209 232 Refund of development contributions if not used for reserve purposes (1) If a development contribution has been required for reserves purposes, Kāinga Ora must— (a) (b) refund money received under the contribution, if the money is not applied for a purpose set out in section 228 or 229 within the period specified in the relevant development contributions policy (or within 10 years after Kāinga Ora receives the money, if no period is specified); or return land acquired under the contribution, if the land is not used for a purpose set out in section 228 or 229 within the period agreed between Kāinga Ora and the person who made the contribution (or within 10 years after Kāinga Ora acquires the land, if no agreement is made).
(2) However, Kāinga Ora may retain a portion of the development contribution equivalent to the costs incurred by Kāinga Ora in refunding the money or returning the land.

Compare: 2002 No 84 s 210 233 Development agreements (1) Kāinga Ora may enter into a development agreement instead of, or in addition to, requiring a development contribution.
(2) The development agreement must include— 10 15 20 25 (a) (b) a description of the land to which the agreement relates, including its legal description; and details of the reserves, roading or non-roading infrastructure, or commu- nity facilities that each party will pay for or provide.

30 (3) The development agreement is a legally enforceable contract once it is signed by all parties who will be bound by the agreement.
(4) The development agreement must not require a person to— (a) (b) (c) (d) grant a resource consent; or issue a building consent under the Building Act 2004; or 35 issue a code of compliance under the Building Act 2004; or grant a certificate under section 244 of the Resource Management Act 1991; or 151 Part 4 cl 234 Urban Development Bill (e) issue an authorisation for a service connection.
(5) A person may not refuse to grant or issue anything referred to in subsection (4) on the basis that a development agreement has not been entered into under this section.

(6) See section 223 (limits on power to require development contribution) if a development agreement is entered into in addition to requiring a development contribution.
5 234 Review of development contributions policy (1) Kāinga Ora must review a development contributions policy at least once every 3 years after the development plan that contains the policy becomes operative under section 86(5).

The review must use a consultation process that gives effect to the require- ments of section 82 of the Local Government Act 2002 (which applies, with all necessary modifications, as if Kāinga Ora were a local authority).
(2) 10 (3) Section 93 does not apply to the review of a development contributions pol- icy under this section.

15 234A Transfer of previous development contributions to Kāinga Ora (1) This section applies if— (a) a relevant territorial authority has received or is owed a development contribution under the Local Government Act 2002; and 20 (b) Kāinga Ora becomes responsible for capital expenditure on the asset for which the contribution was required.
(2) Despite section 204 of the Local Government Act 2002, the relevant territorial authority may transfer either or both of the following to Kāinga Ora: (a) (b) any amount of the development contribution that has been paid to the authority: 25 the right to be paid any amount of the development contribution that is yet to be paid to the authority.
(3) Any amount of a development contribution that is transferred to Kāinga Ora, or that Kāinga Ora receives under a right to be paid, must be treated as if it were part of a development contribution that was required by Kāinga Ora under this subpart.

(4) For the purposes of subsection (3), this subpart applies, with all necessary modifications, as if the asset for which the development contribution was required were a reserve, infrastructure, or a community facility within the meaning of this Act.
30 35 (5) In this section, asset means a reserve, network infrastructure, or community infrastructure within the meaning of the Local Government Act 2002.

152 Urban Development Bill Part 4 cl 236 Subpart 4—Betterment payments 235 Betterment arising from forming or widening road (1) Section 326 of the Local Government Act 1974 applies to the forming or wid- ening of a road by Kāinga Ora in a project area.
(2) That section applies with all necessary modifications, including the following: 5 (a) (b) (c) (d) a reference to the council must be read as a reference to Kāinga Ora: a reference to the district must be read as a reference to the project area: a reference to acquiring or taking land under the Public Works Act 1981 must be read as acquiring or taking land under section 253: a reference to an amount being payable or ascertained in accordance with the Public Works Act 1981 must be read as a reference to an amount being payable or ascertained in accordance with— (i) (ii) section 256; and subsection (3), if the payment is to be made in respect of Māori land: (e) section 326(11) of that Act does not apply.
(3) If this subsection applies, the amount to be paid to Kāinga Ora must take into account the restrictions on alienating Māori land under Te Ture Whenua Maori Act 1993 and the effect they have on the market for Māori land.
236 Betterment arising from public transport infrastructure (1) This section applies if— 10 15 20 (a) (b) (c) Kāinga Ora acquires or takes a part of any land under section 253 for the purposes of developing public transport infrastructure in a project area; and the part of the land that remains with the land owner will have access or frontage to the public transport infrastructure; and 25 by reason of the development, the value of the remaining part of the land is increased by an amount that exceeds the amount of compensation pay- able for the acquisition or taking under section 256.
(2) Kāinga Ora may require the land owner to pay to it the amount of the excess in accordance with section 326(3) to (10) of the Local Government Act 1974, which applies with the following modifications: (a) the reference in section 326(3) of that Act to subsection (1) or (2) must be read as a reference to this section: (b) the modifications set out in section 235(2).
(3) In this section, public transport infrastructure means 1 or more of the fol- lowing: 30 35 153 Part 4 cl 237 Urban Development Bill (a) (b) (c) bus ways and rail lines: cycle ways, pedestrian ways, and shared-access ways: facilities for infrastructure described in paragraph (a) or (b).
237 Betterment revenue must be used for land roads or public transport infrastructure Kāinga Ora must use any money received under section 235 or 236 for the purpose of acquiring land for, or developing, land transport infrastructure roads that are, or public transport infrastructure that is,— (a) (b) within the project area from which the revenue was received; or outside the project area, so long as the land transport infrastructure roads directly benefit, or the public transport infrastructure directly benefits, all or a part of the project area.
Subpart 5—Infrastructure and service charges 5 10 238 Kāinga Ora may fix infrastructure and service charges (1) Kāinga Ora may fix a charge for a connection to infrastructure or a service pro- 15 vided by Kāinga Ora if— (a) the infrastructure or service is part of a specified development project; and (b) the charge is prescribed in the project’s development plan.
(2) A charge fixed under this section may only— (a) apply to infrastructure or services provided by Kāinga Ora that are not otherwise funded by targeted rates, development contributions, or better- ment payments; and (b) be payable by a person who— (i) (ii) uses the infrastructure or service; or benefits directly from it; and (c) recover the actual and reasonable costs incurred by Kāinga Ora in pro- viding for the person’s use or benefit from the connection or service.
(3) Kāinga Ora may, in any particular case, exercise its discretion to waive or remit the whole or a part of any charge that would otherwise be payable.

(4) A connection referred to in subsection (1)— (a) includes a connection relating to drinking water, wastewater, or storm- water; but (b) excludes a connection relating to land transport infrastructure.
20 25 30 154 Urban Development Bill Part 4 cl 240 239 Adjustment of infrastructure and service charges (1) Kāinga Ora may make a bylaw that adjusts the amount of a charge prescribed in a project’s development plan for a connection to infrastructure or a service provided by Kāinga Ora.
(2) Before making the bylaw, Kāinga Ora must consult on the proposed adjustment using a process that gives effect to the requirements of section 82 of the Local Government Act 2002 (which applies, with all necessary modifications, as if Kāinga Ora were a local authority).
5 Subpart 6—Administrative charges Charges for infrastructure, services, and administration 10 Infrastructure and service charges 239A Kāinga Ora may fix infrastructure and service charges (1) Kāinga Ora may, by public notice, fix a charge for a connection to infrastruc- ture or for a service provided by Kāinga Ora if— (a) the infrastructure or service is part of a specified development project; and 15 (b) the charge is prescribed in the project’s development plan.
(2) A charge fixed under this section may only— (a) apply to connections or services provided by Kāinga Ora to the extent that they are not funded by targeted rates or development contributions; and 20 (b) be payable by a person who— (i) (ii) uses the connection or service; or benefits directly from it; and (c) recover the actual and reasonable costs incurred by Kāinga Ora in pro- viding for the person’s use of, or benefit from, the connection or service.
25 (3) A connection referred to in subsection (1)— (a) (b) includes a connection relating to three waters services; but excludes a connection relating to roads or public transport infrastructure.

Administrative charges 30 240 Kāinga Ora may fix administrative charges (1) Kāinga Ora may, by public notice, fix an administrative charge for the pur- poses of a specified development project if the charge is prescribed in the proj- ect’s development plan.
(2) Kāinga Ora may, to the extent authorised by the development plan, fix different 35 charges— 155 Part 4 cl 241 Urban Development Bill (a) in relation to different areas or different classes of applicant, consent holder, or requiring authority, or heritage protection authority; or (b) where an activity undertaken by the persons liable to pay a charge reduces the cost to Kāinga Ora of exercising its powers or carrying out its functions or duties.
5 (3) Kāinga Ora may, in a particular case, impose an additional administrative charge to that fixed under this section if the fixed charge is inadequate for Kāinga Ora to recover its actual and reasonable costs.

241 Considerations when fixing or imposing administrative charges (1) Kāinga Ora must have regard to the matters set out in this section when fixing 10 or imposing an administrative charge.
(2) The sole purpose of a charge is to recover actual and reasonable costs incurred by Kāinga Ora in exercising or carrying out its functions, powers, or duties under subpart 2 of Part 3.
(3) A person should not be required to pay a charge except to the extent that 1 or 15 more of the following apply: (a) (b) (c) the person, as distinct from the community in the project area, obtains a benefit from the actions of Kāinga Ora to which the charge relates: the need for the actions of Kāinga Ora results from the actions of the person: 20 if the charge is in respect of the monitoring functions of Kāinga Ora under section 116(2),— (i) the monitoring relates to the likely effects on the environment of the person’s activities; or (ii) the likely benefit to the person of the monitoring exceeds the likely benefit of the monitoring to the community in the project area.
25 Compare: 1991 No 69 s 36AAA 242 Kinds of administrative charges (1) Kāinga Ora may fix 1 or more of the following kinds of administrative charges: 30 (a) (b) (c) charges payable by the applicant for a resource consent for Kāinga Ora to carry out its functions in relation to receiving, processing, and grant- ing the resource consent (including a certificate of compliance or exist- ing use certificate): charges payable by a person who requests a private plan change, for Kāinga Ora to carry out its functions in relation to the request: 35 charges payable by a requiring authority or heritage protection authority for Kāinga Ora to carry out its functions in relation to designations or heritage orders: 156 Urban Development Bill Part 4 cl 242 (d) charges, for the cost of a hearing and decision (or recommendation) by 1 or more hearings commissioners, payable by the person who requests the hearings commissioners if the person is— (i) (ii) (iii) (iv) an applicant for a resource consent; or a person who requests a private plan change; or a requiring authority that gives notice of a requirement for a des- ignation; or: a heritage protection authority that gives notice of a requirement for a heritage order: (e) charges payable, as follows, if a person referred to in paragraph (d)(i) to (iv) does not request hearings commissioners but 1 or more submit- ters on the matter do make that request: (i) (ii) charges payable by the relevant person under paragraph (d)(i) to (iv) for the amount that Kāinga Ora
 estimates would be the cost of hearing and deciding (or making a recommendation on) the matter had the request not been made; and charges payable by the submitters who made the request for equal shares of any amount by which the cost of hearing and deciding (or making a recommendation on) the matter exceeds the amount payable under subparagraph (i): charges payable by a holder of a resource consent for the carrying out by Kāinga Ora of its functions in relation to the administration, monitoring, and supervision
 of the resource consent (including a certificate of com- pliance or existing use certificate): charges payable by a holder of a resource consent for the carrying out by Kāinga Ora of its functions in relation to reviewing consent conditions if the review is carried out— (i) (ii) (iii) at the request of the consent holder; or under section 128(1)(a) or (c) of the Resource Management Act 1991; or 30 in accordance with section 128(2) of the Resource Management Act 1991: charges payable by a person who carries out a permitted activity in a project area, for the monitoring of the activity, if a local authority is empowered to charge for the monitoring in accordance with section 43A(8) of the Resource Management Act 1991: 35 charges for providing information or documents, payable by the person requesting the information or documents: any kind of charge that— 157 (f) (g) (h) (i) (j) Part 4 cl 242A Urban Development Bill (i) (ii) relates to the functions, powers, or duties of`Kāinga Ora under subpart 2 of Part 3; and is authorised for the purposes of this section by regulations.
(2) Kāinga Ora may also fix administrative charges to recover its costs in relation to any request to exchange recreation reserve land under section 15AA of the Reserves Act 1977 that is made jointly with— 5 (a) (b) an application for a resource consent; or a request for a private plan change.

(3) In subsection (1), a reference to a requiring authority or heritage protection authority does not include Kāinga Ora.
10 Compare: 1991 No 69 s 36 All charges under this subpart 242A Application of sections 243 to 246 Sections 243 to 246 apply to— (a) infrastructure and service charges; and (b) administrative charges.

243 Waiver or remission of administrative charges Kāinga Ora may, in any particular case, exercise its discretion to waive or remit the whole or a part of any administrative charge that would otherwise be pay- able.
Compare: 1991 No 69 s 36AAB(1) 244 No action until administrative charges are paid (1) If an administrative a charge is payable to Kāinga Ora, Kāinga Ora need not perform the action to which the charge relates until the charge has been paid to Kāinga Ora in full.

(2) However, subsection (1) does not apply to a charge of a kind described in section 242(1)(e)(ii) or (g)(iii) (which relates to hearings commissioners requested by submitters or reviews required by a court order).
Compare: 1991 No 69 s 36AAB(2), (3) 245 Publication of administrative charges Kāinga Ora must publish on its Internet site an up-to-date list of administrative charges that have been fixed under section 240.— (a) that have been fixed under section 239A or 240; or adjusted under section 246.
(b) Compare: 1991 No 69 s 36AAB(4) 158 15 20 25 30 35 Urban Development Bill Part 5 cl 247 246 Adjustment of administrative charges (1) The amount of administrative charges a charge prescribed in a development plan may be adjusted only by way of— (a) (b) a formula set out in the development plan that takes account of cost movements and adjusts the charges accordingly; or 5 a regular review, as prescribed in the development plan, when charges may be adjusted to reflect the changing costs of Kāinga Ora.
(2) If Kāinga Ora proposes to adjust the amount of a charge as a result of the review, it must— (a) consult on the proposed adjustment using a process that gives effect to the requirements of in accordance with the special consultative proced- ure set out in section 82 83 of the Local Government Act 2002 (which applies, with all necessary modifications, as if Kāinga Ora were a local authority); and 10 (b) give public notice of the new amount as soon as practicable after the adjustment is made; and 15 (c) update the development plan to reflect the new amount.
(2A) For the purposes of subsection (2)(a), the Local Government Act 2002 applies with all necessary modifications, including that— (a) (b) (c) a reference to a local authority must be read as a reference to Kāinga Ora; and 20 sections 82 to 87 (other than sections 82A and 86) of that Act apply; and for the purposes of section 87(3)(b) of that Act, Kāinga Ora must pre- pare an analysis of reasonably practicable options in accordance with section 77(1) of that Act.
25 (3) (4) Section 93 does not apply to the review of administrative charges referred to in subsection (1)(b).

Section 94 does not apply to the updating of a development plan under sub- section (2)(c).

Part 5 General land acquisition powers Subpart 1—Preliminary provisions 30 247 Overview of this Part (1) This Part empowers gives special powers for the acquisition of land for speci- fied works that Kāinga Ora initiates, facilitates, or undertakes.
A specified work may be part of a specified development project, but that is not required.

35 (2) Section 249 defines the term specified work.
159 Part 5 cl 248 Urban Development Bill (3) Subpart 2 provides for the Minister for Land Information to, for the purposes of a specified work,— (a) (b) (ba) (c) transfer a public work to Kāinga Ora: set apart Crown land or a part of the common marine and coastal area: transfer to Kāinga Ora former reserve land that has been set apart under section 143(1): acquire or take other land for Kāinga Ora using a modified version of the process under the Public Works Act 1981.
5 Subpart 3 provides for land that is acquired by Kāinga Ora to be transferred to a developer undertaking the specified work.

10 Subpart 4 provides for the disposal of land acquired by Kāinga Ora once the specified work is completed, the land is no longer required, or the land is required for another specified work or a public work.

Subpart 5 sets out rules for the transfer or disposal of former Māori land on which a specified work is initiated, facilitated, or undertaken by Kāinga Ora.
The subpart applies if the land is held by the Crown or a local authority for a public work, as well as if the land is held by Kāinga Ora for a specified work (see the definition of former Māori land in section 9).
(4) (5) (6) 248 Interpretation for this Part In this Part, unless the context otherwise requires,— acquired by Kāinga Ora, in relation to land, means land that is transferred to, or acquired or taken for, Kāinga Ora Crown land has the same meaning as in section 2 of the Public Works Act 1981 development agreement means an agreement entered into under sec- tion 261(2) 25 housing— (a) means 1 or more residences; and (b) includes— (i) (ii) (iii) a dwelling house: a retirement village (within the meaning of section 6 of the Retire- ment Villages Act 2003): a facility that is intended to provide health or social care in a resi- dential setting, including a rest home (within the meaning of sec- tion 58(4) of the Health and Disability Services (Safety) Act 2001): 30 35 (iv) papakāinga: 160 15 20 Urban Development Bill Part 5 cl 249 (v) temporary accommodation in the nature of a night shelter, wet house, boarding house, hostel, or accommodation provided to per- sons on bail or parole: (vi) any structure that is ancillary to housing land has the same meaning as in section 2 of the Public Works Act 1981 5 local authority has the same meaning as in section 2 of the Public Works Act 1981 retirement village— (a) means the part of any land or building that contains 2 or more residential units that provide, or are intended to provide, residential accommodation predominantly for persons in their retirement; and 10 (b) includes land or a building of the kind described in paragraph (a) regardless of whether the accommodation is
 also provided, or intended to be provided,— (i) (ii) to the spouses or partners of persons in their retirement; or 15 together with health or other services or facilities right of resumption means the right of resumption under section 262 specified work has the meaning set out in section 249 urban renewal, in relation to a work, means a work associated with the demo- lition, repair, replacement, reconfiguration, or repurposing of a work that is wholly or partly within an urban area.
20 249 Meaning of specified work (1) In this Part, specified work— (a) means a work for the purpose of urban development; and (b) includes, to the extent the work is for the purpose of urban develop- ment,— 25 (i) a work for the purpose of 1 or more of the following: (A) (B) (C) housing: urban renewal: a transport network (including an aviation and a maritime transport network): 30 (D) water, energy, or telecommunications infrastructure: (E) (F) (G) (H) a community facility: a facility for emergency services: a waste disposal or recycling facility: a reserve or other public space: 35 161 Part 5 cl 250 Urban Development Bill (I) a crematorium or cemetery (which, to avoid doubt, includes an urupā): a work to avoid, remedy, or mitigate the effects of natural hazards or climate change: the reinstatement elsewhere of a work located on land that is set apart, acquired, or taken under this Part: 5 any other work that is a public work within the meaning of sec- tion 2 of the Public Works Act 1981.
(ii) (iii) (iv) (2) However, a work that is to be used for a commercial or industrial purpose is a specified work only if 1 or more of the following apply: 10 (a) (b) (c) the work is a community facility: the work supports the development of housing: the work involves urban renewal.
Subpart 2—Transfer and acquisition of land 250 Kāinga Ora may request that Minister for Land Information transfer or 15 acquire land (1) Kāinga Ora may request that the Minister for Land Information do 1 or more of the following for the purpose of a specified work that is (or is to be) initiated, facilitated, or undertaken by Kāinga Ora: (2) (a) (b) (ba) transfer an existing public work to Kāinga Ora (see section 251): set apart Crown land or a part of the common marine and coastal area (see section 252): transfer to Kāinga Ora former reserve land that has been set apart under section 143(1) (see section 254): acquire or take any other land for Kāinga Ora (see section 253).
Before Kāinga Ora may make a request under subsection (1)(b), the respon- sible Minister must— (c) (a) (b) consult the Minister for Treaty of Waitangi Negotiations, if the land is potentially needed for any future settlements of historical Treaty of Wai- tangi claims; and obtain the consent of the Minister of Transport or the Minister of Con- servation (whichever is appropriate), if the request is to set apart a part of the common marine and coastal area.
20 25 30 (3) Kāinga Ora may make a request— (a) (b) under subsection (1) whether or not it intends to undertake the devel- opment itself or to transfer the land for the purposes of the development: 35 under subsection (1)(a) whether or not the specified work is of the same kind as the existing public work.

162 Urban Development Bill Part 5 cl 253 (4) (5) Subsection (2)(b) does not apply if a development plan provides for the set- ting apart.
To avoid doubt, nothing in this subpart affects any other authority that enables Kāinga Ora or the Minister for Land Information to purchase or otherwise acquire land for any purpose.

5 251 Existing public work (1) The Minister for Land Information may, in accordance with the request under section 250(1)(a),— (a) transfer an existing public work to Kāinga Ora; and (b) transfer to, or acquire or take for, Kāinga Ora the land on which the pub- lic work is located.
10 (2) The Minister must,— (a) (b) if the land is owned by the Crown, transfer the land in accordance with section 254; or if the land is owned by a local authority, acquire or take the land in accordance with section 253.

15 Land that is transferred, acquired, or taken under this section becomes held for a specified work (instead of a public work) and this Part applies accordingly.
To avoid doubt, land may be transferred, acquired, or taken in accordance with this section despite sections 40 to 42 of the Public Works Act 1981.

20 (3) (4) 252 Crown land and common marine and coastal area (1) (2) (3) The Minister for Land Information may, in accordance with a request under section 250(1)(b), declare that— (a) Crown land is set apart for a specified work: (b) a part of the marine and coastal area is set apart for a specified work.
25 The Minister must make the declaration by notice in the Gazette.

If Crown land is set apart under this section, the Minister must transfer the land to Kāinga Ora in accordance with section 254.

253 Private and other land (1) The Minister for Land Information may acquire or take land under this section for a specified work— 30 (a) (b) in accordance with a request under section 250(1)(c); or if the Minister is required to acquire or take the land by section 251(2)(b).
(2) The acquisition or taking must be carried out in accordance with Part 2 of the Public Works Act 1981, which applies with all necessary modifications, includ- ing the following: 35 163 Part 5 cl 254 Urban Development Bill (a) (b) (c) (d) (e) (f) that Part applies as if the specified work were a government work: section 21 of that Act applies as if Kāinga Ora were a notifying author- ity: section 23(1A) of that Act does not apply: despite section 26(3) of that Act, applies, but— (i) (ii) the land vests in fee simple in Kāinga Ora (rather than in the Crown); and any heritage covenant registered in respect of the land under sec- tion 41 of the Heritage New Zealand Pouhere Taonga Act 2014 continues the following (if any) continue to apply: (A) (B) a heritage covenant under section 39 of the Heritage New Zealand Pouhere Taonga Act 2014: an open space covenant under section 22 of the Queen Elizabeth the Second National Trust Act 1977: (C) a conservation interest: section 27 of that Act does not apply: under section 30 of that Act, the licence, permit, right, privilege, or authority vests in Kāinga Ora (rather than in the Crown): (3) (g) if the land is owned by a Crown agent, the Crown agent’s right to object under Part 2 of that Act is limited as set out in section 255 of this Act.
See section 20(3) (which provides that the Minister may not acquire protec- ted land described in section 20(4) under this section except in accordance with section 17 of the Public Works Act 1981 (acquisition by agreement)).
Procedure in certain cases 254 Procedure for transfer of Crown-owned land (1) This section applies if the Minister for Land Information is required to transfer land to Kāinga Ora by section 251(2)(a) or 252(3).— (a) receives a request under section 250(1)(ba); or is required to transfer land to Kāinga Ora by section 251(2)(a) or 252(3).
(b) (2) The Minister for Land Information may transfer the land to Kāinga Ora— (a) only in accordance with the terms and conditions, including the price (if any), agreed between— (i) (ii) (iii) the Minister for Land Information; and the joint Ministers; and the Minister or Ministers who oversee, or are responsible for, the land; and 164 Urban Development Bill Part 5 cl 256 (b) if the Tāmaki Makaurau Protocol applies to the land, only after— (i) (ii) the Crown has complied with the protocol; or the Limited Partnership (within the meaning of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014) has waived its rights under the protocol.
5 (3) (4) The Minister for Land Information must make the transfer by declaration under section 20 of the Public Works Act 1981, except that title to the land must be transferred to Kāinga Ora.

In this section, Tāmaki Makaurau Protocol means the Department of Build- ing and Housing Protocol set out in Part 7 of the Property Redress Schedule to the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Deed signed on 5 December 2012.
10 255 Crown agent’s right of objection limited if taking is for specified development project (1) (2) (3) (4) This section applies if land being acquired or taken under section 253 is owned by a Crown agent.

15 The Crown agent may not object to the taking of the land to the Environment Court.

if the land is— (a) (b) within a project area; or outside a project area but required for infrastructure to support the speci- fied development project.
20 Instead, the Crown agent may object to the Minister for Land Information and the Crown agent’s responsible Minister.

If an objection is received, the following Ministers must jointly determine whether the acquisition may proceed: 25 (a) (b) (c) the joint Ministers: the Minister for Land Information: the Crown agent’s responsible Minister.
Compensation and other matters 256 Compensation may be claimed 30 (1) If land is acquired or taken under section 253, Part 5 Parts 5 and 6 of the Public Works Act 1981 applies apply in relation to the acquisition or taking with all necessary modifications, including the following: (a) (b) that Part applies those Parts apply as if the specified work were a gov- ernment work: 35 any reference to land acquired or taken under that Act includes land acquired or taken under section 253: 165 Part 5 cl 257 Urban Development Bill (c) (d) (e) section 61 of that Act does not apply: in section 72A(1)(b)(i) of that Act, the reference to the Minister includes Kāinga Ora.
: section 105(1)(c) of that Act applies as if Kāinga Ora were a notifying authority.

5 (2) (3) For the purposes of section 83 of that Act, the Minister is the respondent.

This section is subject to section 257.

257 Alternative compensation may be agreed (1) (2) Instead of receiving compensation under section 256, a person who is entitled to compensation under that section may receive compensation of any amount, and in any form, agreed in writing with Kāinga Ora.
If a person agrees to receive compensation under this section, the person is not entitled to compensation under section 256.

(3) Kāinga Ora must advise the person of the effect of subsection (2) before entering into the agreement.
258 Crown may recover costs from Kāinga Ora The actual and reasonable costs and expenses incurred by the Minister for Land Information in transferring, acquiring, or taking land in accordance with a request under section 250, including the cost of any compensation paid under section 256 or 257, are a debt due by Kāinga Ora to the Crown.
259 Registrar-General must note that land held for specified work (1) Kāinga Ora must advise the Registrar-General of Land in writing of any trans- fer of land to, or vesting of land in, Kāinga Ora under this Part.

(2) On receiving the advice, the Registrar-General of Land must, on completion of any surveys that may be necessary,— (a) (b) issue a record of title for the land in the name of Kāinga Ora; and note on the record of title the specified work for which the land is held.
Compare: 1981 No 35 s 47 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 (1) Kāinga Ora may do 1 or more of the following with land acquired by Kāinga Ora under this Part: (a) grant a lease or tenancy of the land: 10 15 20 25 30 35 166 Urban Development Bill Part 5 cl 261 (b) (c) grant a licence to occupy the land: grant to a person an easement in, through, over, or under the land.
(2) Kāinga Ora may grant the lease, tenancy, licence, or easement on the terms and conditions (including rent) that Kāinga Ora thinks fit.

(3) For an easement, those terms and conditions include, except where otherwise specifically agreed, the right to revoke the easement without compensation on 3 months’ written notice.

5 (4) Kāinga Ora may at any time accept the surrender of a lease, a tenancy, a licence, or an easement that is granted under this section.
(5) Kāinga Ora may grant a lease, a tenancy, a licence, or an easement under this section in respect of, together with or separately from the surface of the land,— 10 (a) (b) the whole or any portion of the air space above the land: the whole or any portion of the subsoil of the land.

(6) All rents and profits derived from land under this section must be paid into the bank account of Kāinga Ora.
Compare: 1981 No 35 ss 45, 48, 49 Transfer of land to developer 260 Kāinga Ora may transfer land to developer (1) Kāinga Ora may transfer the ownership of the land acquired by Kāinga Ora under this Part to 1 or more other persons developers so that they may develop undertake 1 or more specified works on the land.

(2) The transfer must be made in accordance with section 261.
261 Preconditions for transfer of land to developer (1) This section sets out conditions that Kāinga Ora must meet before it may trans- fer land under section 260.
Development agreement (2) Kāinga Ora must enter into a development agreement with the 1 or more trans- ferees that includes— 15 20 25 (a) (b) (c) (d) a description of the land to which the agreement relates, including its legal description; and 30 a description of the 1 or more specified works to be developed; and the date by which each specified work is to be completed; and how compensation will be determined if the land is resumed under the Crown’s right of resumption; and (da) whether the transferee is, or transferees are, to dispose of the land to Kāinga Ora or to another person (who need not be identified in the agreement) in accordance with section 267; and 35 167 Part 5 cl 262 Urban Development Bill (db) if the land is to be disposed of to Kāinga Ora, when, or the circum- stances in which, that is to occur; and (e) how disputes between the parties will be resolved.
(3) The development agreement is a legally enforceable contract once it is signed by all parties who will be bound by the agreement.

5 (4) The development agreement must not require a person to— (a) (b) (c) (d) grant a resource consent; or issue a building consent under the Building Act 2004; or issue a code of compliance under the Building Act 2004; or grant a certificate under section 224 of the Resource Management Act 1991; or 10 (e) issue an authorisation for a service connection.
(5) A person may not refuse to grant or issue anything referred to in subsection (4) on the basis that a development agreement has not been entered into under this section.
Other preconditions Māori interests (6) Kāinga Ora must— (a) (b) (c) consult the Minister for Treaty of Waitangi Negotiations, if the land is potentially needed for any future settlements of historical Treaty of Wai- tangi claims; and comply with section 271, if the land is former Māori land; and to avoid doubt, comply with the RFR and RSR right of first refusal and the right of second refusal (if any), if the land is RFR land.
Minister of Conservation’s conditions (7) If the land is subject to conditions approved by the Minister of Conservation under section 75(7)(a), Kāinga Ora must request and receive from the Minis- ter written confirmation— (a) (b) that the transfer is permitted by the conditions; or that the conditions have been satisfied or are no longer necessary.

262 Right of resumption The Crown has the right to resume title to land transferred under section 260.
The right of resumption must be exercised in accordance with sections 265 and 266.

The right of resumption ceases to apply if— the land is disposed of in accord- ance with the development agreement.
(a) the landowner completes the specified work or works in accordance with the development agreement; or (1) (2) (3) 168 15 20 25 30 35 Urban Development Bill Part 5 cl 266 (b) the notation recording the right of resumption is removed from the land’s record of title in accordance with a request under section 264(2).

The right of resumption overrides any provision that is included in a develop- ment agreement for the purposes of section 261(2)(da) or (db).
(4) 263 Registrar-General of Land must note right of resumption 5 (1) Kāinga Ora must advise the Registrar-General of Land in writing of the trans- (2) (3) fer of any land under section 260.

The Registrar-General of Land must note the right of resumption on the record of title.

The right of resumption takes precedence has priority over any other interest registered on the title (for example, a mortgage).
10 264 Removal of notation recording right of resumption (1) Kāinga Ora must request that the Registrar-General of Land remove the nota- tion recording the right of resumption if the landowner completes the specified work or works in accordance with the development agreement if the right of resumption ceases to apply under section 262(3).

15 (2) Kāinga Ora may request that the Registrar-General of Land remove the nota- tion at any earlier time if Kāinga Ora thinks it appropriate.
(3) The Registrar-General of Land must remove the notation recording the right of resumption if requested to do so in accordance with this section.

20 (4) A request under this section must be in writing.
265 When right of resumption may be exercised (1) The Minister for Land Information— (a) may exercise the right of resumption if Kāinga Ora considers it is reasonably necessary to enable 1 or more specified works to be comple- ted; and 25 (b) must exercise the right of resumption if the Minister receives a recom- mendation under section 268(3).

(2) This section does not limit the ability of Kāinga Ora under section 250 to request that the land be acquired or taken for a specified work.
30 266 How right of resumption is exercised (1) The Minister for Land Information must exercise the right of resumption in accordance with Part 2 of the Public Works Act 1981, which applies with all necessary modifications, including the following: (a) (b) section 18 of that Act does not apply: section 23(3) of that Act does not apply: 35 169 Part 5 cl 266A Urban Development Bill (c) the acquired or taken land vests in fee simple in Kāinga Ora (rather than vesting in the Crown under section 26(3) of that Act): (c) section 26(3) of that Act applies, but— (i) the land vests in fee simple in Kāinga Ora (rather than in the Crown); and 5 (ii) the following (if any) continue to apply: (A) (B) a heritage covenant under section 39 of the Heritage New Zealand Pouhere Taonga Act 2014: an open space covenant under section 22 of the Queen Elizabeth the Second National Trust Act 1977: 10 (C) a conservation interest: (d) under section 30 of that Act, the licence, permit, right, privilege, or authority vests in Kāinga Ora (rather than the Crown).
(2) This section does not limit the Minister’s power under Part 2 of the Public Works Act 1981 to acquire or take the land for a government work.

15 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 This section applies to the disposal under sections 267 to 270 of land that has been acquired by Kāinga Ora under this Part.
20 If the land is potentially needed for any future settlements of Treaty of Wai- tangi claims, Kāinga Ora must consult the Minister for Treaty of Waitangi Negotiations before the land is disposed of— (a) (b) under section 267, if the land is to be disposed of by Kāinga Ora; or under section 268, if the land is to be disposed of in accordance with section 42 of the Public Works Act 1981; or (c) under section 270, if the land is to be disposed of to a local authority.
(3) (4) If the land is former Māori land, it may be disposed of only in accordance with section 271.

To avoid doubt, if the land is RFR land, it may be disposed of only in accord- ance with the right of first refusal and the right of second refusal (if any).
266B Restrictions on disposal or setting apart of land under this subpart: conservation matters This section applies if land that has been acquired by Kāinga Ora under this Part is subject to conditions included in a development plan by the Minister of Conservation under section 75(7)(a).
The land may be disposed of or set apart under this subpart only if— (1) (2) 170 25 30 35 (1) (2) Urban Development Bill Part 5 cl 267 (a) Kāinga Ora has requested and received written confirmation from the Minister of Conservation that the conditions have been satisfied or are no longer necessary; and (b) in a case where the land is to be disposed of or set apart— (i) (ii) under section 268, the chief executive under the Public Works Act 1981 is satisfied that the Minister of Conservation has given that confirmation; or 5 under section 270 or 270A, the Minister for Land Information is satisfied that the Minister of Conservation has given that con- firmation.
10 267 Disposal of land if certain specified work completed (1) This section applies if the only works completed on land acquired by Kāinga Ora under this Part are 1 or more of the specified works described in the fol- lowing sections provisions: (a) (b) (c) (d) section 249(1)(b)(i)(A) (housing): section 249(1)(b)(i)(B) (urban renewal): section 249(1)(b)(iii) (reinstatement of a work): section 249(2) (a work with a commercial or industrial purpose).
(2) Kāinga Ora or any transferee under section 260 may transfer dispose of the land without complying with section 268.

(3) However,— (a) Kāinga Ora must consult the Minister for Treaty of Waitangi Negoti- ations before it transfers land under this section if the land is potentially needed for any future settlements of historical claims; and (4) (b) former Māori land must be transferred in accordance with section 271.
For the purposes of this section, a specified work is completed when the work is completed— (a) (b) in accordance with the development agreement, if the land is owned by a transferee under section 260; or otherwise to the satisfaction of Kāinga Ora, if— (i) (ii) the land is owned by Kāinga Ora; or the land is owned by a transferee under section 260 and the work has not been completed in accordance with the development agreement.
15 20 25 30 (5) To avoid doubt, if the land is RFR land, Kāinga Ora must comply with the RFR 35 and RSR (if any) before transferring the land under this section.

171 Part 5 cl 268 Urban Development Bill 268 Disposal of land no longer required for specified work (1) This section applies to land acquired by Kāinga Ora under this Part if the land— (a) (b) is no longer required for a specified work; and is not subject to section 267 or 270.
(2) If the land is owned by Kāinga Ora,— (a) the chief executive under the Public Works Act 1981 must, at the request of Kāinga Ora, dispose of the land in accordance with sections 40 and 42 of that Act (which apply, with all necessary modifications, as if the land were owned by the Crown and held for a public work); or (b) the land must be disposed of in accordance with section 271(1)(b), if the land is former Māori land.
(2A) If the land is owned by Kāinga Ora, the chief executive under the Public Works Act 1981 must, at the request of Kāinga Ora, dispose of the land in accordance with sections 40 and 42 of that Act.
(2B) For the purposes of subsection (2A), the Public Works Act 1981 applies with all necessary modifications, including that— 5 10 15 (a) (b) the land must be treated as if it were owned by the Crown and held for a public work; and a disposal under section 42 of that Act is subject to the consultation (if any) required by section 266A(2)(b) of this Act.
20 (3) If the land is owned by a transferee under section 260,— (a) Kāinga Ora must recommend that the Minister for Land Information exercise the right of resumption; and (b) once the land is acquired by Kāinga Ora, it must be disposed of in accordance with subsection (2A).
25 (4) Kāinga Ora must consult the Minister for Treaty of Waitangi Negotiations if the land— (a) is to be disposed of under subsection (2)(a) in accordance with section 42 of the Public Works Act 1981; and 30 (b) is potentially needed for any future settlements of historical claims.
(5) In this section, no longer required for a specified work means,— (a) (b) if the land is owned by Kāinga Ora, that Kāinga Ora has determined that it is no longer required for a specified work; or if the land has been transferred under section 260,— (i) the landowner has advised Kāinga Ora that they no longer intend to complete the specified work agreed in the development agree- ment; or 35 172 Urban Development Bill Part 5 cl 270A (ii) the landowner has completed something other than the specified work agreed in the development agreement.
(6) To avoid doubt, if the land is RFR land, Kāinga Ora must comply with the RFR and RSR (if any) before the land is disposed of in accordance with section 40(4) or 42 of the Public Works Act 1981.

5 269 Land may be set apart for different specified work (1) (2) The Minister for Land Information may declare land acquired by Kāinga Ora under this Part to be set apart for another specified work that is initiated, facili- tated, or undertaken by Kāinga Ora.
The Minister must make the declaration in accordance with section 52 of the Public Works Act 1981 (which applies, with all necessary modifications, as if a specified work were a government work).

(3) No consent referred to in section 52(2) or (3) of that Act is required if a devel- opment plan provides for the setting apart.
270 Land may be disposed of Disposal of land for public work (1AA) This section applies to land that has been acquired by Kāinga Ora under this Part and is currently held by Kāinga Ora.

(1) (2) Land acquired by Kāinga Ora under this Part The land (and any specified work on the land) may be disposed of to the Crown or a local authority for a public work in accordance with section 50 of the Public Works Act 1981.
For the purposes of subsection (1), that Act applies, with all necessary modi- fications, as if a specified work were a public work and Kāinga Ora were a local authority.

(3) Kāinga Ora must consult the Minister for Treaty of Waitangi Negotiations before disposing of land to a local authority under subsection (1) if the land is potentially needed for any future settlements of historical claims.
270A Setting apart of land for different specified work (1) (2) (3) This section applies to land that has been acquired by Kāinga Ora under this Part and is currently held by Kāinga Ora.

The Minister for Land Information may declare the land to be set apart for another specified work that is initiated, facilitated, or undertaken by Kāinga Ora.
The Minister must make the declaration in accordance with section 52 of the Public Works Act 1981 (which applies, with all necessary modifications, as if a specified work were a government work).

(4) No consent referred to in section 52(2) or (3) of that Act is required if a devel- opment plan provides for the setting apart.
10 15 20 25 30 35 173 Part 5 cl 271 Urban Development Bill Subpart 5—Transfer or disposal of former Māori land 271 Rules for transferring or disposing of former Māori land (1) Former Māori land on which a specified work is initiated, facilitated, or under- taken by Kāinga Ora may be transferred or disposed of— (a) transferred only to Kāinga Ora, the Crown, or a local authority in accordance with this Act or the Public Works Act 1981; or 5 (2) (3) (4) (5) (b) (b) transferred or disposed of to another person only if the land is first offered to the land’s former owners in accordance with sections 40 and 41 of the Public Works Act 1981 (as modified by section 272).
to another person, but only if the land has first been offered back to its former owners in accordance with section 272.

The offer under subsection (1)(b) must be made by— (a) the chief executive under the Public Works Act 1981, if the land is owned by Kāinga Ora or the Crown; or (b) the local authority, if the land is owned by a local authority.

The chief executive under the Public Works Act 1981 must make the offer at the request of Kāinga Ora if the land is owned by Kāinga Ora.
The land does not need to be offered to its former owners under subsection (1)(b) if the land has already been offered to them under section 21(2)(b).
To avoid doubt, if the land is also RFR land, the landowner— (a) must offer the land to its former owners an offer must be made under subsection (1)(b) before offering it the land is offered to the RFR holder or RSR holder holder of the right of first refusal or the right of second refusal (if any); and (b) the landowner may transfer or dispose of the land in any other way only after complying with the RFR and RSR right of first refusal and the right of second refusal (if any).
272 Modifications to Public Works Act 1981 for offer Offer back of former Māori land For the purposes of section 271(1)(b), sections 40 and 41 of the Public Works Act 1981 apply with all necessary modifications, including the follow- ing: 10 15 20 25 30 (a) (b) (c) a reference to a public work must be read as including a specified work: land owned by Kāinga Ora must be treated as if it were owned by the Crown: 35 the chief executive under the Public Works Act 1981 must, regardless of sections 40(1), (2)(a) and (b), and (4) and 41(b) and (c) of that Act (which do not apply),— 174 Urban Development Bill Part 6 cl 274 (i) (ii) comply with section 40(2)(c) and (d) of that Act; or in accordance with section 41(e) of that Act, apply for an order under section 134 of Te Ture Whenua Maori Act 1993.
(1) (2) This section applies to the offer back of former Māori land under section 21(2)(b) or 271(1)(b).
The chief executive under the Public Works Act 1981 or the local authority that is required to make the offer must,— (a) (b) in accordance with section 40(2)(c) and (d) of the Public Works Act 1981, offer to sell the land by private contract to the person from whom it was acquired or to the successor of that person; or in accordance with section 41(e) of that Act, apply to the Māori Land Court for the district in which the land is situated for an order under sec- tion 134 of Te Ture Whenua Maori Act 1993.
(3) For the purposes of subsection (2),— (a) section 40(2A), (3), and (5) of the Public Works Act 1981 applies with all necessary modifications; and (b) sections 40(1), (2)(a) and (b), and (4), and 41(a) to (d) of that Act do not apply.
Part 6 Powers of entry, governance, and delegation Subpart 1—Powers of entry 273 Meaning of authorised person In this subpart, authorised person means a person appointed under sec- tion 278.— (a) means a person appointed under section 278; and (b) to avoid doubt, does not include an authorised person who is acting in another capacity (for example, as an enforcement officer appointed under section 116(3)).
274 Power to enter land and buildings (1) An authorised person may enter any land or building for any purpose connec- 30 ted with 1 or more of the following: (a) (b) (c) the assessment of a potential specified development project under sub- part 1 of Part 2: the preparation, change, or review of a draft development plan under subpart 2 of Part 2: the exercise of— 35 175 Part 6 cl 275 Urban Development Bill (i) (ii) roading powers that Kāinga Ora has and that provide for a power of entry: non-roading water-related infrastructure powers that Kāinga Ora has: (d) the assessment of land for acquisition under Part 5.
5 (2) In exercising the power under subsection (1), an authorised person may— (a) carry out surveys, investigations, tests, or measurements; and (b) (c) take samples of any water, air, soil, or vegetation; and enter the land or building with— (i) (ii) any person who is reasonably required for the purpose for which the entry is made; and 10 any vehicle, appliance, machinery, or other equipment that is reasonably required for that purpose.
(3) In this section, acquisition includes transfer, setting apart, and taking.

275 Limits on powers of entry: timing and excluded properties The powers of entry that an authorised person has under this subpart— (a) may be used only to enter land or a building at reasonable times during ordinary business hours; and (b) must not be used to enter a dwelling house, marae, or building associated with a marae.
276 Notice of entry (1) Before entering land or a building under this subpart, Kāinga Ora must give at least 10 working days’ written notice of the proposed entry to the owner and the occupier of the land or building.

(2) The notice must state— (a) (b) (c) that the entry is authorised under this subpart; and the reason for the entry; and how, when, and by whom the entry is proposed to be made.
(3) The owner or occupier may apply to the District Court for an order under sub- section (4) if the owner or occupier— (a) applies within 10 working days after receiving the notice; and (b) before making the application, gives notice to Kāinga Ora of their inten- tion to do so.
15 20 25 30 (4) If it appears to the court that the proposed entry is unreasonable or unnecessary, the court may order that the proposed entry— 35 (a) must not be undertaken or must not be undertaken in the manner pro- posed; or 176 Urban Development Bill Part 6 cl 278 (b) may be undertaken, but only in compliance with any conditions that the court thinks fit.
277 Other requirements when exercising power of entry (1) An authorised person who is exercising a power of entry under this subpart must carry and produce when asked to do so by the owner or occupier of the land or building— 5 (a) (b) evidence of their authorisation to enter the land or building; and evidence of their identity.
(2) If land or a building is unoccupied when an authorised person enters it under a power of entry, the authorised person must attach, in a prominent place, a writ- ten notice advising of— (a) (b) (c) (d) the date and time of the entry; and the reason for the entry; and the authorised person’s name and phone number; and an address at which inquiries may be made.

10 15 (3) Every person accompanying an authorised person exercising a power of entry is subject to the control of the authorised person.
278 Appointment of authorised persons (1) Kāinga Ora may, by notice in writing, appoint any of the following persons as authorised persons to exercise 1 or more of the powers of entry under this sub- part: 20 (a) an individual who is— (i) (ii) a Kāinga Ora employee or working for Kāinga Ora as a contractor or secondee; or an employee of, or working as a contractor or secondee for, a wholly-owned Crown entity subsidiary of Kāinga Ora: 25 (b) any other person who Kāinga Ora is satisfied— (i) (ii) is suitably qualified and trained to exercise the powers of entry for which they are appointed; or belongs to a class of persons who Kāinga Ora is satisfied is suita- bly qualified and trained to exercise the powers of entry for which they are appointed.
30 (2) An authorised person’s powers of entry are subject to any conditions or limita- tions set out in their notice of authorisation.

177 Part 6 cl 279 Urban Development Bill 279 Offence to obstruct authorised person (1) A person commits an offence if they intentionally obstruct or impede an authorised person, or a person assisting an authorised person, in the exercise of a power under section 274.

The person is liable on conviction to a fine not exceeding $1,500.
(2) 5 Subpart 2—Project governance 280 Interpretation for this subpart Meaning of committee In this subpart, committee has the same meaning as in section 10(1) of the Crown Entities Act 2004.
281 Application of sections 282 and 283 Sections 282 and 283 apply as required in relation to the following types of urban development projects: (a) (b) (c) projects that are being assessed as potential specified development proj- ects: specified development projects: other urban development projects, if they are undertaken by Kāinga Ora.
10 15 282 Factors relevant to decisions on governance of urban development projects (1) When Kāinga Ora is considering the governance arrangements for an urban development projects, it must have regard to the following factors:— (a) (b) (c) the desirability of collaboration and effective partnerships with commun- ities, relevant territorial authorities, and Māori; and 20 the capability needed to effectively govern projects the project; and the capability needed to engage with and understand the perspectives of Māori in the area where the project is being, or is proposed to be, carried out.
25 (c) all other relevant factors.

(2) Kāinga Ora may also have regard to any other factors that it considers are rele- vant.
283 Types of project governance bodies (1) The project governance body for an urban development project may be Kāinga Ora, or may be an entity of any type (regardless of whether Kāinga Ora has an interest in that entity) including— (a) (b) (c) a Crown entity subsidiary of Kāinga Ora; or a committee appointed by the board of Kāinga Ora; or a company, partnership, joint venture, or trust.
30 35 178 Urban Development Bill Part 6 cl 284 (2) If the establishment order for a specified development project identifies a pro- ject governance body by type of entity, Kāinga Ora must appoint for that pro- ject a project governance body that is consistent with that type.
Specified development projects with support of territorial authorities from outset 5 284 Supporting territorial authorities may nominate for appointment to certain committees and boards (1) This section applies in circumstances where— (a) (b) (c) a project is a specified development project; and its project governance body is, or will be,— (i) (ii) a wholly-owned Crown entity subsidiary of Kāinga Ora; or a committee appointed by the board of Kāinga Ora; and 1 or more relevant territorial authorities, before the project’s establish- ment date, responded in writing to Kāinga Ora to support the recommen- dation of Kāinga Ora to establish the project as a specified development project (the supporting territorial authorities).
10 15 (2) Every supporting territorial authority— (a) may nominate 1 person to be appointed as a director of the Crown entity subsidiary’s board or a member of the committee (as relevant); and (b) if that person resigns or is removed from office, may nominate a replace- ment person.
20 285 What Kāinga Ora or its board must do with nominations Kāinga Ora or its board (as relevant) must appoint every person nominated, in accordance with section 284, as a director of the Crown entity subsidiary or a member of the committee (as relevant) if satisfied that— 25 (a) (b) the person nominated is suitable for appointment; and their appointment can be validly made.
Specified development projects: certain types of project governance bodies 284 Supporting territorial authorities (1) Subsection (2) applies if, in relation to a specified development project,— (a) the project governance body is, or will be,— 30 (i) (ii) a wholly-owned Crown entity subsidiary of Kāinga Ora; or a committee appointed by the board of Kāinga Ora; and (b) there are 1 or more supporting territorial authorities.
179 Part 6 cl 284 Urban Development Bill (2) (3) (4) Every supporting territorial authority is entitled to have, at all times, 1 person whom the supporting territorial authority has nominated holding an appoint- ment as a governing officer of the project governance body.
Subsection (2) does not require, or permit, Kāinga Ora or its board to appoint any person as a governing officer of a project governance body unless Kāinga Ora or its board, as relevant, is satisfied that— 5 (a) (b) the person is suitable for the appointment; and the appointment can be validly made.
Subsection (5) applies in relation to a supporting territorial authority at any time when there is only 1 person whom the supporting territorial authority nominated who holds an appointment as a governing officer of a project gov- ernance body described in subsection (1).
(5) Despite subsection (2), Kāinga Ora or its board (as relevant) may, after con- sulting the supporting territorial authority, remove the person— (a) for just cause; and (b) with as little formality and technicality, and as much expedition, as is permitted by— (i) (ii) the principles of natural justice; and a proper consideration of the matter.
(6) A supporting territorial authority may agree to waive its entitlement under sub- section (2) (for example, for a period of time) and, if so, subsection (2) applies subject to that agreement.
(7) In this section,— governing officer,— (a) (b) if the project governance body is, or will be, a wholly-owned Crown entity subsidiary or Kāinga Ora, means a director of the board of that subsidiary: if the project governance body is, or will be, a committee appointed by the board of Kāinga Ora, means a member of that committee just cause includes misconduct, inability to perform the functions of office, neglect of duty, and breach of duty (depending on the seriousness of the breach) supporting territorial authority, in relation to a specified development pro- ject, means a relevant territorial authority that, before the project’s establish- ment date, responded in writing to Kāinga Ora to support the recommendation of Kāinga Ora to establish the project as a specified development project.
Compare: 2004 No 115 ss 40, 41 180 10 15 20 25 30 35 Urban Development Bill Part 6 cl 289 286 Removal of nominated persons (1) Kāinga Ora or its board (as relevant) may, after consulting the territorial authority who made the nomination, remove any person appointed in accord- ance with section 285 for just cause.
The person may be removed with as little formality and technicality, and as much expedition, as is permitted by— (2) (a) (b) the principles of natural justice; and a proper consideration of the matter.

(3) In this section, just cause includes misconduct, inability to perform the func- tions of office, neglect of duty, and breach of duty (depending on the serious- ness of the breach).
Compare: 2004 No 115 ss 40, 41 Administrative 287 Kāinga Ora must publish appointments of project governance bodies (1) Kāinga Ora must publish on its Internet site— (a) (b) details of appointments of project governance bodies; and for each project governance body, a copy of any written notice of delega- tion to that body.

(1A) Kāinga Ora must also publish on its Internet site details of the appointment of any person as a director, member, or other governing officer of a project gov- ernance body.
(2) (3) For specified development projects, the information that this section requires to be published must be published alongside the information published for the project under section 53.

In this section, delegation— (a) means a delegation of functions or powers of Kāinga Ora or its board; and (b) includes any power of subdelegation.
288 Provision applying if period where no project governance body appointed for specified development project Despite anything to the contrary in this Act, if at any time there is no project governance body appointed for a specified development project, Kāinga Ora is the project governance body.
Subpart 3—Delegations 289 Kāinga Ora must have policy on delegating functions and powers 35 Kāinga Ora must have a policy that is designed to assist Kāinga Ora— 181 Part 6 cl 290 Urban Development Bill (a) to consider, in the course of performing its functions and exercising its powers to undertake urban development projects, whether it could most efficiently and effectively do that by means of its own operations, or by delegating to appropriate persons; and (b) to monitor, at appropriate times, decisions it has made on matters covered by the policy.
5 290 Duty of Kāinga Ora relating to delegated functions and powers (1) This section applies in relation to any delegation, by or authorised by the board of Kāinga Ora, of 1 or more of the functions or powers of Kāinga Ora under this Act.
10 (2) Kāinga Ora must ensure that the person who is delegated the function or power has the capability and capacity, as relevant,— (a) (b) (c) to act in accordance with subpart 1 of Part 1; and to understand and apply Te Ture Whenua Maori Act 1993; and to engage with Māori and understand perspectives of Māori.
15 291 Functions and powers that may not be delegated outside Kāinga Ora (1) Subsection (2) lists functions and powers of Kāinga Ora that its board may delegate only to the following person or persons: (a) (b) (c) (d) (e) a member or members: the chief executive or any other employee or employees, or office holder or holders, of Kāinga Ora: 20 a committee appointed by the board of Kāinga Ora: any class of persons comprising any of the persons listed in para- graphs (a) to (c): a Crown entity subsidiary of Kāinga Ora.
25 (2) The functions and powers are— (a) (b) any functions and powers in Part 5: the powers in Part 4 to set a targeted rate.

(3) This section applies despite section 73(1)(d) of the Crown Entities Act 2004.

292 Development plan for specified development project may approve 30 delegations This section applies if the development plan for a specified development pro- ject identifies a proposed delegation, to a specified person, of specified func- tions and powers relating to the project.
In respect of the proposed delegation to the person, the development plan satis- fies the requirement for approval by the responsible Minister for Kāinga Ora under section 73(1)(d) of the Crown Entities Act 2004.

35 (1) (2) 182 Urban Development Bill Part 6 cl 295 (3) This section does not limit section 291.
293 Certain delegations subject to relevant territorial authority approval (1) This section applies if, in relation to a specified development project, the board of Kāinga Ora delegates any of its functions and powers to— (a) (b) a local authority; or in Auckland, Auckland Transport.

5 (2) In addition to the approval required under section 73(1)(d) of the Crown Entities Act 2004, the delegate must first be approved by the relevant territorial authority.
294 Amendment Amendments to Kāinga Ora–Homes and Communities Act 10 2019 (1) This section amends the Kāinga Ora–Homes and Communities Act 2019.

(1A) In section 10(1), replace “not fewer than 6, and not more than 8, members” with “not fewer than 8, and not more than 10, members”.
(2) In Schedule 1, after clause 3(2), insert: 15 (2A) For the purposes of the Inland Revenue Acts (as defined in section 3(1) of the Tax Administration Act 1994), the Corporation and Kāinga Ora–Homes and Communities are treated as the same person.

295 Amendments to other Acts Amend the enactments specified in Schedule 4 as set out in that schedule.
20 183 Schedule 1 Urban Development Bill Schedule 1 Transitional, savings, and related provisions s 12 Part 1 Provisions Provision relating to this Act as enacted Restrictions on development of former Māori land and RFR land 1 (1) Sections 21 and 22 do not apply to existing urban development projects Sections 21 and 22 do not apply to an urban development project if, before those sections commence, any of the following has been done for the purposes of the project: (a) (b) a development agreement or construction contract has been entered into: an application for a resource consent or a building consent has been made.
(2) In this clause,— 5 10 construction contract has the same meaning as in section 5 of the Construc- tion Contracts Act 2002 15 development agreement means a contract made between Kāinga Ora and 1 or more developers for the provision, supply, or exchange of infrastructure, land, or money to provide reserves, infrastructure, community facilities, or specified works.
20 184 Urban Development Bill Schedule 2 Schedule 2 Transfer and disestablishment Contents Preliminary provisions Application Interpretation Transfer by agreement Transfer by transfer order Transfer Transfer order Disestablishment Disestablishment by expiry of time limit Disestablishment proposal Governor-General may make disestablishment order Contents of disestablishment order Effect of disestablishment order Arrangements following disestablishment of specified development project Preliminary provisions 1 Application s 57 Page 185 186 186 186 187 187 188 188 189 189 This schedule applies to a specified development project if Kāinga Ora con- siders it is appropriate or desirable— (a) to transfer certain assets within the ownership or control (or both) of Kāinga Ora from Kāinga Ora to another agency; or (b) to disestablish a specified development project because— (i) Kāinga Ora is satisfied that the project objectives have been ach- ieved; or (ii) for any other reason.
This schedule applies to a specified development project— (a) (b) if Kāinga Ora considers it is appropriate or desirable to transfer certain assets within the ownership or control (or both) of Kāinga Ora to another agency; or if Kāinga Ora and the joint Ministers consider it is appropriate or desira- ble to disestablish a specified development project— 185 5 10 15 Schedule 2 Urban Development Bill (i) (ii) because the project objectives have been achieved; or for any other reason.
2 Interpretation In this schedule, unless the context otherwise requires,— assets includes— (a) (b) (c) land, buildings, and infrastructure within the project area that are owned or controlled (or both) by Kāinga Ora; and permits operated by Kāinga Ora that relate to the specified development project and the project area, such as resource consents and designations; and the financial assets and instruments relevant to the specified develop- ment project revenue means the revenue derived from rating and other funding sources approved for a specified development project in an operative development plan 5 10 transferee means the agency named in the transfer order or disestablishment order as the agency to receive any asset of Kāinga Ora, including— 15 (a) (b) (c) (d) 1 or more relevant local authorities: 1 or more government agencies: a network utility operator: any parties who agree to the transfer in accordance with clause 3.
20 3 (1) Transfer by agreement Transfer If Kāinga Ora and a transferee agree to transfer an asset in accordance with a written proposal and on agreed terms, the transfer may be made in accordance with the relevant law.

25 (2) Kāinga Ora must give notice of the agreement to make the transfer on its Inter- net site, with details of— (a) (b) the identity of the transferee; and the asset to be transferred and, if applicable, any revenue associated with the asset.
30 (3) On the date that an asset is transferred to the transferee, any ongoing operations and maintenance of the asset become the responsibility of the transferee.

Transfer order Transfer by transfer order This clause applies if— 4 (1) 186 35 Urban Development Bill Schedule 2 (a) agreement with the transferee cannot be reached under clause 3 on the proposed transfer, or on the terms of the transfer; or (b) a transfer order is necessary or desirable to effect a transfer.
(2) (3) The Governor-General, by Order in Council made on the recommendation of the responsible Minister, may make an order transferring the ownership or con- trol of an asset from the ownership or control of Kāinga Ora to a transferee.
5 The responsible Minister may recommend the making of an order if Kāinga Ora has provided a report to that Minister that sets out, in sufficient detail to enable that Minister to make a recommendation, the following: (a) (b) (c) (d) (e) the name and contact details of the proposed transferee; and 10 the asset to be transferred and, if applicable, any revenue associated with the asset; and the terms and conditions of any transfer; and the reasons for making the transfer; and the reasons why the proposed transferee did not agree to the transfer.
15 (4) A transfer order must not transfer monetary debts of Kāinga Ora to a transferee without the transferee’s prior consent.

5 Disestablishment by expiry of time limit Disestablishment A specified development project lapses and is disestablished if a draft develop- ment plan is not notified under section 76— (a) within 5 years of the commencement date of the establishment order; or (b) within a different period specified in the establishment order.
6 Disestablishment proposal (1) Kāinga Ora must prepare a disestablishment proposal if it considers it is appro- priate that the whole or a part of a specified development project be disestab- lished.

(2) (3) The joint Ministers must recommend to Kāinga Ora that a disestablishment proposal be prepared for a specified development project if the joint Ministers are satisfied that it is appropriate to disestablish the specified development pro- ject, having regard to subpart 1 of Part 1.
Before preparing a disestablishment proposal under this section, Kāinga Ora must engage with the local authorities with responsibility in the project area and any potential transferee who may receive the assets of a specified develop- ment project under a disestablishment order.
(3) When preparing a disestablishment proposal, Kāinga Ora must take the steps that it considers necessary to enable Kāinga Ora— 20 25 30 35 187 Schedule 2 Urban Development Bill (a) (b) to be sufficiently informed on the matters relevant to the disestablish- ment proposal; and to proceed to develop a disestablishment proposal for the responsible Minister’s consideration.
(4) A disestablishment proposal must set out the information relevant to the speci- 5 fied development project and its disestablishment, including— (a) (b) (c) (d) (e) (ea) (f) (f) the extent to which the project objectives have been achieved; and the reasons for proposing the disestablishment; and the date on which disestablishment is proposed to come into force; and the 1 or more proposed transferees; and 10 the consultation undertaken with the 1 or more proposed transferees, and their views on the proposal; and the views of each local authority with responsibilities in the project area; and any key stakeholders affected by the proposed disestablishment; and 15 the views of any persons (other than the proposed transferee), if they are likely to be affected by the proposed disestablishment, including— (i) (ii) former owners: a hapū: (iii) RFR holders; and 20 (g) to the extent that Kāinga Ora continues to own or control them, the assets relating to the specified development project that are to be trans- ferred by or under the disestablishment order; and (h) why a disestablishment order is considered appropriate; and (i) any other matters that Kāinga Ora considers appropriate or that the Min- ister requests.
25 The responsible Minister may refer a disestablishment proposal back to Kāinga Ora for amendment before making a recommendation under clause 7.

Governor-General may make disestablishment order If the responsible Minister accepts the disestablishment proposal, that Minister may recommend to the Governor-General that a disestablishment order be made in respect of the specified development project.
The Governor-General may, by Order in Council made on the recommendation of the responsible Minister, disestablish a specified development project.
(5) 7 (1) (2) 30 35 8 Contents of disestablishment order (1) A disestablishment order must include the following: (a) the reason for the order being made; and 188 Urban Development Bill Schedule 2 (b) (c) (d) (e) (f) the date on which the disestablishment order comes into force; and the assets identified in the disestablishment proposal to be transferred from Kāinga Ora by the disestablishment order; and any designations that must be transferred to the district plan; and the 1 or more transferees of those assets; and 5 the arrangements made for debts in relation to the assets being transfer- red.
(2) A disestablishment order may provide for assets to be transferred in stages.

(3) If a specified development project is being disestablished in part, the disestab- lishment order must also state— 10 (a) which part is to be disestablished; and (b) which part is to be modified; and (c) the powers provided under this Act that will no longer apply to that part of the project area.
(4) A disestablishment order must not transfer monetary debts of Kāinga Ora to a 15 transferee, unless the transferee has given prior consent to the transfer.

9 Effect of disestablishment order (1) On the day on which a disestablishment order for a whole development project comes into force,— (a) (b) the specified development project ends; and the assets identified in the disestablishment order transfer to the 1 or more transferees identified in the order.
(2) Unless the disestablishment order provides otherwise, all powers, functions, rights, and duties of Kāinga Ora in relation to the specified development pro- ject cease to apply.
20 25 10 Arrangements following disestablishment of specified development project (1) Despite the disestablishment of a specified development project under this Part, an activity lawfully established by or under a development plan continues to be lawful after the disestablishment of the project— (a) (b) as if it had been authorised under the Resource Management Act 1991; but 30 only to the extent permitted for an existing activity by section 10, 10A, 10B, or 20A of the Resource Management Act 1991, as the case requires.
(1) An activity lawfully established under a development plan for a specified development project continues to be lawful after the disestablishment of the project.
35 (1A) Subclause (1) applies to an activity— 189 Schedule 2 Urban Development Bill (a) (b) as if the operative date of the rule were the date on which the disestab- lishment order came into force; but only to the extent permitted for an existing activity by section 10, 10A, 10B, or 20A(2) of the Resource Management Act 1991, as the case may require.
5 (2) After a disestablishment order comes into force, the relevant local authorities, without using the processes in Schedule 1 of the Resource Management Act 1991,— (a) may adopt any of the resource management objectives, policies, rules, or methods from a development plan; and 10 (b) must update the district plans to include the designations that were in the development plan; and (c) must remove the project area from the planning instruments.
(3) Subclause (2) applies only in relation to the area of a district that is defined as the project area in the establishment order made under section 50.

15 (4) Any resource management objectives, policies, rules, or methods from a devel- opment plan must be adopted within 40 working days of the disestablishment order coming into force.

(5) The modifications to the planning instruments are to be treated as being opera- tive from the date the disestablishment order comes into force.
20 190 Urban Development Bill Schedule 3 Schedule 3 Independent hearings panel Contents Establishment of independent hearings panel Purpose of IHP Composition of IHP How members are appointed When member ceases to be member of IHP Protection from liability Powers Powers and duties of IHP Support for, and funding of, IHP Support for IHP Funding of IHP Administrative matters relating to hearings Hearings Who may be heard Notice of hearings Conference of experts Mediation Consequence of submitter not attending mediation Late submissions Procedural matters relating to hearings Hearing procedure Kāinga Ora must attend hearings Other procedural matters Directions as to providing briefs of evidence Directions and requests at or before hearing Protection of sensitive information IHP may commission reports Evidence and reports must be made available s 79(2) Page 191 192 193 193 194 194 194 195 195 196 196 196 197 197 197 198 199 199 199 200 200 201 201 Establishment of independent hearings panel 1 Purpose of IHP 5 The purpose of establishing an IHP under this schedule for a specified develop- ment project is to ensure that a draft development plan is subject to— 191 Schedule 3 Urban Development Bill (a) (b) (c) an independent public submission process; and an independent review; and independent recommendations to the responsible Minister before the Minister approves the development plan and it becomes operative.
2 Composition of IHP (1) An IHP must comprise not fewer than 3 members, 1 of whom must be an Environment Judge or alternate Environment Judge, or a former Environment Judge or former alternate Environment Judge, to act as the chairperson of the IHP.
(2) At least 1 member of an IHP who is an accredited person in accordance with section 39A of the Resource Management Act 1991 must be given hearing authority under section 39B of that Act, but more than 1 member who is accredited may be given hearing authority.
(3) Before making appointments to an IHP, the responsible Minister must— (a) (b) (c) seek advice on, and nominations for, appointments to the IHP, including advice on the appropriate size of the IHP, from the chief executive of the department responsible for the administration of this Act; and consult the Attorney-General, the Minister for the Environment, the Minister of Conservation, and the Minister for Māori Crown Relations— Te Arawhiti; and seek nominations from the relevant local authorities and iwi or hapū rep- resentatives from within the project area.
(4) The members of the IHP, collectively, must have knowledge of— 5 10 15 20 (a) (b) (c) (d) (e) (f) the various communities within the project area, including mana whenua groups; and 25 economic matters that affect property development; and the Treaty of Waitangi and its principles; and tikanga Māori as it applies in the project area; and any iwi participation legislation that applies in the project area; and the Māori land tenure system under Te Ture Whenua Maori Act 1993, if there is Māori land within the project area.
30 (5) Members must be appointed in accordance with clause 3, but a failure to comply with that provision does not affect the validity of the appointment of a member once made.

(6) The affiliation of a person to a hapū or iwi with mana whenua interests in the project area does not of itself disqualify that person from appointment to an IHP.
35 (7) As soon as practicable after the Minister has appointed the members of an IHP, Kāinga Ora must give notice on its Internet site— 192 Urban Development Bill Schedule 3 (a) that an IHP has been established for the relevant specified development project; and (b) of the names of its members.

3 How members are appointed (1) Members must be appointed to the IHP by notice in writing from the respon- 5 sible Minister.
(2) The notice of appointment must— (a) (b) (c) (d) state the date on which the appointment takes effect; and state the term of the appointment; and set out a time frame for the completion of the processes of the IHP; and 10 specify the terms of reference for the IHP.
(3) However, despite the term of appointment in subclause (2)(b), if the Minister requires an IHP to reconsider any matters in the draft development plan, the Minister may give notice in writing to extend the term of appointment of the members of an IHP to the extent that the Minister considers necessary.
4 When member ceases to be member of IHP (1) A member of an IHP remains a member until the earliest of the following: (a) (b) (c) (d) (e) the specified development project is disestablished; or the term of appointment of that member ends; or the member dies; or the member resigns by giving 20 working days’ written notice to the responsible Minister; or the member is removed because the responsible Minister gives written notice removing the member for just cause.
15 20 (2) A notice given to the responsible Minister under subclause (1)(d) must— 25 (a) state the date on which the removal takes effect (which must be not earlier that the date on which the notice is received by the member) and the reasons for the removal; and (b) be copied to the chairperson of the IHP.

(3) A member removed from office under this section is not entitled to compensa- tion or other payment or benefit as a consequence of, or relating to, the mem- ber’s ceasing to hold office.
(4) In subclause (1)(e), just cause includes misconduct, inability to perform the functions of office, neglect of duty, and breach of the collective duties of the IHP or of the individual duties of the member.
30 35 193 (b) (c) Schedule 3 Urban Development Bill 5 Protection from liability (1) A member of an IHP is not liable to any person or body in respect of an act or omission done in good faith in the exercise or performance or exercise, or intended exercise or performance or exercise, of the member’s powers, func- tions, powers, and duties under this Act.
(2) No action may be brought against a member of an IHP for any loss or damage resulting from any act done or omitted by a member of an IHP in good faith in the exercise or performance or exercise, or intended exercise or performance or exercise, of the member’s powers, functions, powers, and duties under this Act.
Powers and duties of IHP Powers 6 (1) For the purposes of considering the submissions made on a draft development plan under section 77, an IHP may,— (a) subject to clause 9(1), hold hearings on submissions; and for the purposes of paragraph (a),— (i) hold or authorise pre-hearing meetings, conferences of experts, and alternative dispute resolution processes; and 5 10 15 (ii) (iii) (iv) commission reports; and request information and evidence from Kāinga Ora; and hear any objections made in accordance with section 134; and 20 exercise or perform any other power, function, or perform any other function or exercise any other power or duty conferred or imposed by this Act, or that is incidental and related to, or a consequence of, any of its functions, powers, functions, and duties under this Act.
(2) An IHP must provide recommendations to the responsible Minister on the draft 25 development plan.

(3) An IHP may regulate its own procedure as it thinks fit, except as expressly pro- vided otherwise by this schedule.
Support for, and funding of, IHP 7 Support for IHP (1) Kāinga Ora must ensure that an IHP is provided with administrative support, provided— directly by Kāinga Ora to an IHP; or by a relevant local authority or the Environmental Protection Authority (with the agreement of the local authority or Environmental Protection Authority) on the basis that its costs are recovered from Kāinga Ora; or (a) (b) 194 30 35 Urban Development Bill Schedule 3 (c) by any person who has hearing authority under section 39B of the Resource Management Act 1991 or is otherwise suitably skilled to undertake the role, as long as the person is not involved in the prepar- ation of the draft development plan or its supporting documents.
(1A) All persons appointed by Kāinga Ora to provide administrative support to an 5 IHP are entitled to recover their reasonable costs from Kāinga Ora.

(2) The level of support provided is at the sole discretion of Kāinga Ora.

(3) Kāinga Ora may only contract with another person or body to provide adminis- trative support to an IHP if Kāinga Ora is satisfied that the person or body is capable of working effectively with Māori entities.
10 8 Funding of IHP (1) Kāinga Ora is responsible for the costs incurred by the IHP and for its activities under this schedule.

(2) An IHP may fix administrative charges to recover its actual and reasonable costs in considering and reporting on a draft development plan.
(3) For the purposes of subclause (1), each member of an IHP must be paid— (a) remuneration by way of salary, fees, or allowances at a rate determined by the responsible Minister after consultation with Kāinga Ora; and (b) actual and reasonable travelling and other expenses incurred in carrying out the office of a member in accordance with the Fees and Travelling Allowances Act 1951, which applies as if the members were members of a statutory board within the meaning of that Act.
15 20 (4) Without limiting subclause (1), Kāinga Ora has responsibility for— the remuneration and expenses of the members of an IHP; and (a) (b) (c) the administrative costs of each hearing, including the costs of the venue and public notices; and 25 the remuneration of any expert witness, mediator or other dispute reso- lution facilitator, or other person engaged by the IHP under this subpart; and (d) the expenses of any expert witness engaged by the IHP.
Administrative matters relating to hearings 9 (1) (2) Hearings The IHP must hold a hearing of submissions on a draft development plan if a submitter requests to be heard.

For the purposes of subclause (1), the Local Government Official Informa- tion and Meetings Act 1987 applies, with any necessary modifications, to an IHP as if the IHP were a board of inquiry with authority to conduct a hearing under section 149J of the Resource Management Act 1991.
30 35 195 Schedule 3 Urban Development Bill (3) A hearing must be held in public unless otherwise permitted under— (a) (b) clause 21: section 48 of the Local Government Official Information and Meetings Act 1987 (which empowers local authorities to exclude the public from hearings), as that Act applies under this Act.
10 Who may be heard (1) (2) (3) Every person who has made a submission and stated that they wish to be heard may speak at a hearing session and call evidence, either personally or through a representative.

Subclause (3) applies if a person who has filed a submission and indicated that they wish to be heard fails to appear, or the person’s representative fails to appear, at the relevant hearing session.

The IHP may proceed with the hearing if it considers it fair and reasonable to do so.
11 Notice of hearings 5 10 15 The IHP must give not less than 10 working days’ notice of the dates, times, and places of the hearings to— (a) (b) every person who made a submission and requested to be heard (and has not withdrawn the request); and any requiring authority that has a designation in the draft development plan.
20 12 Conference of experts (1) An IHP may, at any time during a hearing, direct that a conference of experts be held for the purpose of— (a) (b) clarifying a matter or issue relating to the draft development plan: 25 facilitating resolution of a matter or issue relating to that plan.

(2) (3) The conference may be facilitated by a member of the IHP or by a person appointed by the IHP (the facilitator).
If the IHP requires it, the facilitator must prepare a report on the conference and provide it in writing to— 30 (a) (b) the IHP; and the persons attending the conference.

(4) A report prepared under subclause (3) must not, without the person’s con- sent, include any material that the person communicated or made available at the meeting on a without-prejudice basis.
35 196 Urban Development Bill Schedule 3 13 Mediation (1) An IHP may, on its own motion or on request, at any time during a hearing, refer to mediation the persons referred to in subclause (2) if the IHP con- siders that it is appropriate to do so and likely to resolve issues between the parties in relation to the draft development plan.

(2) The persons who may be referred to mediation are— (a) (b) any of the submitters: any other person that the IHP considers appropriate.
(3) (4) The IHP must appoint the mediator.

Each person participating in the mediation must— 5 10 (a) (b) be present in person; or have at least 1 representative present with authority to make decisions on behalf of the person represented on any matters that may reasonably be expected to arise in the mediation process.

(5) A person referred to mediation may apply to the IHP for leave not to partici- 15 pate in the mediation process.
(6) The IHP may grant leave if it considers it is not appropriate for the person to participate in the mediation.

(7) The mediator must report the outcome of the mediation to the IHP in writing.

(8) A report prepared under subclause (7) must not, without the person’s con- sent, include any material that the person communicated or made available at the mediation on a without-prejudice basis.

(9) 14 (1) (2) In this section, mediation includes any other alternative dispute resolution process.
Consequence of submitter not attending mediation If a submitter is required to attend mediation but fails to attend without reason- able excuse, the IHP may decline to consider the submitter’s submissions.

If the IHP acts under subclause (1), the person— has no right of appeal under section 88; and (a) is not eligible to be a party to the proceeding as a result of another party exercising an appeal right under that section.

(b) (3) However, the person may object under section 134.
20 25 30 15 (1) Late submissions This section applies to submissions received after the closing date for those submissions (late submissions).

35 197 Schedule 3 Urban Development Bill (2) The chairperson of an IHP must decide for each late submission whether to waive the requirement that submissions must be provided before the closing date.
(3) The chairperson must take into account— (a) (b) (c) the interests of persons who may be directly affected by the waiver; and 5 the need to ensure an adequate assessment of the effects of the draft development plan; and the stage of the hearing when the submissions became available to the IHP.

(4) A decision of the chairperson under this section is final and there is no right of 10 appeal or objection.
Procedural matters relating to hearings 16 Hearing procedure (1) At each hearing on a draft development plan, at least 2 members of the IHP must be present throughout the hearing.

(2) If the chairperson is not present, the chairperson must appoint another member of the IHP to act as chairperson for the duration of the chairperson’s absence.
(3) At a hearing, the IHP— (a) may permit a party to question another party or witness; and (b) may permit cross-examination; and (c) must receive evidence written or spoken in Māori, subject to subclause (4); and (d) must permit the use of New Zealand sign language, subject to sub- clause (5).
(4) (5) (6) If evidence is given in Māori, Te Ture mō Te Reo Māori 2016/the Māori Lan- guage Act 2016 applies as if the hearing under this Act were legal proceedings before a tribunal named in Schedule 2 of that Act.

If evidence is given using New Zealand sign language, the New Zealand Sign Language Act 2006 applies as if the hearing were legal proceedings before a court or tribunal named in the Schedule of that Act.
Except as provided in subclauses (4) and (5), the IHP must establish a pro- cedure for the hearing that— (a) (b) (c) is appropriate and fair in the circumstances (including in respect of granting any waiver of the requirements of the IHP); and avoids unnecessary formality; and recognises tikanga Māori where appropriate.

(7) An IHP must keep a record of the hearing and any related proceedings.
15 20 25 30 35 198 Urban Development Bill Schedule 3 (8) This section does not prevent or limit— (a) (b) Kāinga Ora making a recommendation on a matter raised in a submis- sion in accordance with section 78; or an IHP requesting further information from Kāinga Ora under section 80(2).

(9) A failure by an IHP or Kāinga Ora to comply with this section does not invali- date a hearing.
17 Kāinga Ora must attend hearings (1) Kāinga Ora must attend hearings so that it is available to assist an IHP in any of the following ways: (a) (b) (c) to clarify or discuss issues raised in the hearing, including in the submis- sions: to give evidence: to provide any other relevant information requested by the IHP.

5 10 (2) However, an IHP may excuse Kāinga Ora from attending or remaining at a 15 18 (1) hearing.
Other procedural matters The following provisions of the Inquiries Act 2013 apply as if an IHP were a public inquiry and the hearing were a hearing of an inquiry under that Act: (a) (b) (c) (d) (e) section 14 (powers to maintain order): section 19 (evidence): section 23 (power to summon witnesses): section 25 (expenses of witnesses and other participants): section 27 (protection of witnesses and other persons).

20 (2) A summons to a witness must comply with section 23(2) of the Inquiries Act 25 2013.
(3) The expenses of a witness must be paid by the party on whose behalf the wit- ness was called, but if the witness was called by an IHP, Kāinga Ora must pay the expenses of that witness.

(4) A IHP may request, and receive, from a person who is heard by the IHP or rep- resented at a hearing, any information or advice that is relevant and reasonably necessary for the IHP to make its recommendations under section 82.
19 Directions as to providing briefs of evidence (1) A IHP may direct a submitter or Kāinga Ora to provide briefs of evidence to the IHP in writing before the commencement of a hearing.

(2) A submitter or Kāinga Ora must comply with a direction given under sub- 30 35 clause (1).

199 Schedule 3 Urban Development Bill (3) An IHP must give notice electronically to any relevant submitters of briefs of evidence made available under this clause or provided under clause 17(1)(c).
20 (1) Directions and requests at or before hearing Before or at a hearing, an IHP may— (a) (b) (c) direct the order of business at the hearing, including the order in which submissions and evidence are presented: 5 direct that submissions and evidence be recorded, taken as read, or limited to matters in dispute: direct a submitter to present a submission or evidence within a time limit: 10 (d) request a submitter to provide further information.
(2) Before or at a hearing, an IHP may direct that the whole or part of a submission be struck out if the IHP considers that— (a) (b) (c) the whole or part of the submission is frivolous or vexatious; or the whole or part of the submission discloses no reasonable or relevant case; or 15 it would otherwise be an abuse of the hearing process to allow the whole submission or a part of it to be taken further.
(3) At a hearing, an IHP may direct a submitter not to present— (a) (b) (c) the whole of a submission, if the whole submission is irrelevant or about matters not in dispute; or 20 any part of the submission that is irrelevant or about matters not in dis- pute; or any part of the submission that does not relate to the part of the draft development plan under consideration at the hearing.

25 (4) If an IHP gives a direction under subclause (2) or (3), it must record its rea- sons for the direction.
(5) A person whose submission is struck out under subclause (2) has a right of objection under section 134, which must be heard by the full IHP.
21 Protection of sensitive information (1) An IHP may, on its own motion or on the application of a submitter, make an order described in subclause (2)if it is satisfied— that the order is necessary to avoid— (a) (i) (ii) serious offence to tikanga Māori; or the disclosure of the location of wāhi tapu; or 30 35 200 Urban Development Bill Schedule 3 (iii) the disclosure of a trade secret or unreasonable prejudice to the commercial position of the person who supplied, or is the subject of, the information; and (b) that in the circumstances of the particular case, the importance of avoid- ing the offence, disclosure, or prejudice outweighs the public interest in making that information available.
5 (2) An order may— (a) (b) require that the whole or part of a hearing or hearings at which the infor- mation is likely to be referred to must be held with the public excluded: prohibit or restrict the publication or communication of any information supplied to, or obtained by, the IHP in the course of any proceedings, whether or not the information may be material to any aspect of the draft development plan.
(3) An order described in subclause (2)(a) must be deemed, for the purposes of section 48(3) to (5) of the Local Government Official Information and Meet- ings Act 1987, to be a resolution passed under those provisions.

(4) An IHP must require Kāinga Ora to make any orders made under this clause available for inspection on its Internet site and at its offices.

(5) A party to a hearing may apply to the Environment Court for an order cancel- ling or varying an order made by the IHP under this clause.
(6) If an application is made under subclause (5), an Environment Judge sitting alone may, having regard to the matters set out in this clause and other matters that the Judge thinks fit,— (a) make an order cancelling or varying an order made by the IHP under this section on the terms that the Judge thinks fit; or (b) decline to make an order.
22 IHP may commission reports An IHP may, at any time during a hearing, require Kāinga Ora to commission, or itself commission, a consultant or other person to prepare a report on— (a) (b) (c) any submissions: any matter arising from a hearing: any other matter that the IHP considers necessary for the purposes of the IHP making its recommendations.
10 15 20 25 30 23 Evidence and reports must be made available (1) An IHP must require Kāinga Ora to make available for inspection on its Inter- 35 net site and at its offices— (a) any written evidence and further information received by the IHP during the hearing; and 201 Schedule 3 Urban Development Bill (b) any written report provided to the IHP under clause 12 or 13.
(2) However, this clause does not apply to any evidence or part of a report that an IHP considers it is not reasonable to make available for inspection.

202 Urban Development Bill Schedule 4 Schedule 4 Amendments to other Acts Electricity Act 1992 (1992 No 122) After section 24A(4), insert: s 295 5 (5) In subsection (3), a reference to a district plan includes a reference to a devel- opment plan under the Urban Development Act 2019.
Environmental Protection Authority Act 2011 (2011 No 14) After section 13(c)(iia), insert: (iib) to provide support services to an IHP established under Schedule 3 of the Urban Development Act 2019: 10 Gas Act 1992 (1992 No 124) After section 25A(4), insert: (5) In subsection (3), a reference to a district plan includes a reference to a devel- opment plan under the Urban Development Act 2019.
15 Kāinga Ora–Homes and Communities Act 2019 (2019 No 50) In section 5(1), replace the definition of development with: development— (a) includes all or any of the following: (i) (ii) (iii) acquiring land for development: delivering a development project: selling, leasing, disposing of, managing, or otherwise dealing with land and improvements: (b) does not include maintaining or upgrading Kāinga Ora housing within the meaning of section 2(1) of the Public and Community Housing Man- agement Act 1992 In section 5(1), replace the definition of Kāinga Ora–Homes and Communities with: 20 25 Kāinga Ora–Homes and Communities— (a) means Kāinga Ora–Homes and Communities established by section 8; 30 and (b) for the purposes of the definition of public housing, includes a Crown entity subsidiary of Kāinga Ora–Homes and Communities In section 5(1), insert in its appropriate alphabetical order: 203 Schedule 4 Urban Development Bill Kāinga Ora–Homes and Communities Act 2019 (2019 No 50)—continued public housing— (a) includes any premises (whether owned by the Crown, Kāinga Ora– Homes and Communities, or any other person) that— (i) (ii) are let by or on behalf of Kāinga Ora–Homes and Communities under a residential tenancy that was granted before 14 April 2014; or 5 are, or are intended to be, let by or on behalf of Kāinga Ora– Homes and Communities under a residential tenancy to a tenant who is assessed under the Public and Community Housing Man- agement Act 1992 as eligible for social housing within the mean- ing of section
 2(1) of that Act; or (iii) are, or are intended to be, let by the Crown or Kāinga Ora–Homes and Communities to a community organisation or other provider for use as— (A) (B) transitional or emergency accommodation for people in need while they seek, or are assisted in finding, more per- manent accommodation: supported housing (for example, housing for people who experience disability or mental illness): (b) includes any premises that is located together with public housing for the purpose of providing support services to the people who live or stay in the housing In section 10(2)(a), after “public housing”, insert “and community housing”.
In section 13(1)(f)(i), after “public housing”, insert “and community housing”.

In section 14(1)(f), replace “(with public, affordable, and market housing)” with “(with public housing or community housing, affordable housing, and market hous- ing)”.

In section 14(1)(l)(i), delete “housing and”.

In section 20, insert as subsection (2): (2) Kāinga Ora–Homes and Communities and Housing New Zealand Limited may not use the exception in section 11(1)(c)(i) of the Waikato Raupatu Claims Settlement Act 1995.
Land Transport Management Act 2003 (2003 No 118) In section 5(1), insert in their appropriate alphabetical order: 10 15 20 25 30 Kāinga Ora–Homes and Communities means the Crown entity established under section 8 of the Kāinga Ora–Homes and Communities Act 2019 35 specified development project has the same meaning as in section 9 of the Urban Development Act 2019 204 Urban Development Bill Schedule 4 Land Transport Management Act 2003 (2003 No 118)—continued After section 23(4), insert: (5) Kāinga Ora–Homes and Communities is deemed to be an approved public organisation under this section in relation to its activities that are part of deliv- ering related to specified development projects.
Replace section 103(8) with: 5 (8) Before making a declaration under subsection (1) or varying or revoking a dec- laration under subsection (4), the Agency must consult any regional council or territorial authority that may be affected by the proposed declaration, variation, or revocation and,— (a) (b) if the road concerned is within Auckland, the Agency must also consult Auckland Transport and the Auckland Council; and 10 if the road concerned is within a project area for a specified development project, the Agency must also consult Kāinga Ora–Homes and Commun- ities.
After section 115(2), insert: (3) In this section, territorial authority includes Kāinga Ora–Homes and Com- munities if there are any specified development projects in the region.

After section 121(1)(c)(i)(E), insert: (EA) if there are any specified development projects in the region, Kāinga Ora–Homes and Communities: After section 125(1)(g), insert: (h) if there are any specified development projects in the region, Kāinga Ora–Homes and Communities.
Local Government Act 2002 (2002 No 84) After section 198(4A), insert: (4B) Subsection (4C) applies if Kāinga Ora is responsible for granting the con- sent, authorisation, or certificate referred to in subsection (1) or (4A).

(4C) Kāinga Ora may, as appropriate and by agreement with the local authority, exercise the power under the relevant subsection on the local authority’s behalf.
In section 208, insert as subsections (2) and (3): 15 20 25 30 (2) Subsection (3) applies if Kāinga Ora is responsible for granting the consent, authorisation, or certificate to which an action described in any of paragraphs (a) to (c) of subsection (1) relates.

(3) Kāinga Ora may, as appropriate and by agreement with the local authority, exercise the power under the relevant paragraph on the local authority’s behalf.
35 Local Government Official Information and Meetings Act 1987 (1987 No 174) Before section 44A(2)(d), insert: 205 Schedule 4 Urban Development Bill Local Government Official Information and Meetings Act 1987 (1987 No 174)— continued (cb) if the land concerned is located in a project area that is subject to a targe- ted rates order under the Urban Development Act 2019, information about— (i) (ii) the financial years to which the order applies; and how liability for targeted rates under that Act on the land is calcu- lated; and 5 (iii) amounts of any unpaid targeted rates under that Act: Local Government (Rating) Act 2002 (2002 No 6) After section 20, insert: 20A Rates not to overlap with targeted rates under Urban Development Act 10 (1) (2) 2019 This section applies if an Order in Council under section 190 of the Urban Development Act 2019 authorises Kāinga Ora—Homes and Communities (Kāinga Ora) to set targeted rates under that Act for a project area within a local authority’s district.
The local authority may set a rate to fund activities or groups of activities only to the extent that the order does not authorise Kāinga Ora to set targeted rates to fund those activities or groups of activities.

Examples Example 1 The order authorises Kāinga Ora to set a targeted rate to fund roading within a project area.

The local authority for the district in which the project area is located may set its own targeted rate to fund roading in a part of its district that is outside the project area.
Example 2 A wastewater system serves the entire district of a local authority.

The order authorises Kāinga Ora to set a targeted rate to fund the upgrade of the part of the wastewater system that serves the project area.

The local authority may set its general rate at a level that enables it to fund the general maintenance and operation of the wastewater system across its entire dis- trict, including the part of the system that serves the project area.
(3) If an example in this section is inconsistent with subsection (2), subsec- tion (2) prevails.

After section 27(4)(c), insert: (d) if the unit is subject to targeted rates under the Urban Development Act 2019, the information required under section 211 of that Act.
15 20 25 30 35 206 Urban Development Bill Schedule 4 Local Government (Rating) Act 2002 (2002 No 6)—continued After section 37(1)(b), insert: (c) if the unit is subject to targeted rates under the Urban Development Act 2019, the information required under section 212 of that Act.
After section 44(2), insert: (3) (3) If a ratepayer is liable for targeted rates under the Urban Development Act 2019, a rates assessment delivered under this section must also give the notice required by section 201(1) of that Act.

See section 201 of the Urban Development Act 2019 if the rating unit is also subject to targeted rates under that Act.
After section 45(1A)(4), insert: (1B) (5) If the ratepayer is liable for targeted rates under the Urban Development Act 2019, the rates assessment must also identify the matters required by sec- tion 202(1) of that Act.

See section 202 of the Urban Development Act 2019 if a rating unit is also subject to targeted rates under that Act.
After section 46(2)(5), insert: (2A) (6) If the ratepayer is liable for targeted rates under the Urban Development Act 2019, the rates invoice must also identify the matters required by section 203(1) of that Act.

See section 203 of the Urban Development Act 2019 if a rating unit is also subject to targeted rates under that Act.
Public Works Act 1981 (1981 No 35) After section 23(1), insert: (1A) If the land to be taken is within a project area under the Urban Development Act 2019, the Minister or local authority must not do anything described in subsection (1) without the consent of the responsible Minister within the mean- ing of section 9 of that Act.
In section 41, insert as subsection (2): (2) This section is subject to subpart 5 of Part 5 of the Urban Development Act 2019 (transfer or disposal of former Māori land).
30 Resource Management Act 1991 (1991 No 69) In section 66(2)(c), above “to the extent that their content”, insert: (v) relevant project area and project objectives (as those terms are defined in section 9 of the Urban Development Act 2019), if section 101 of that Act applies,— 35 After section 74(2)(b)(iii), insert: 207 Schedule 4 Urban Development Bill Resource Management Act 1991 (1991 No 69)—continued (iv) relevant project area and project objectives (as those terms are defined in section 9 of the Urban Development Act 2019), if section 101 of that Act applies,— After section 88B(3), insert:In section 88B, insert as the last subsection: (5) (4) See also section 105(4) and (5) of the Urban Development Act 2019.


After section 88F, Before section 89, insert: 88IG Excluded time periods under Urban Development Act 2019 The period described in section 105(4) of the Urban Development Act 2019 is excluded from any time limits under this Act relating to a consent application received by a local authority.
After section 104(3), insert: (3A) And see See also section 105(3) of the Urban Development Act 2019 (which relates to resource consents in project areas in transitional periods for specified development projects (as those terms are defined in section 9 of that Act)).
In Schedule 1, after clause 17(3), insert: (4) And see See also section 102 of the Urban Development Act 2019 (which requires notice of plan changes, at least 20 working days before approval, to Kāinga Ora–Homes and Communities, in certain circumstances).
In Schedule 1, after clause 18(4), insert: (5) And see See also section 102 of the Urban Development Act 2019 (which requires notice of plan changes, at least 20 working days before adopting them, to Kāinga Ora–Homes and Communities, in certain circumstances).
In Schedule 1, after clause 83(2), insert: (2A) And see See also section 102 of the Urban Development Act 2019 (which requires notice of plan changes, at least 20 working days before submitting, to Kāinga Ora–Homes and Communities, in certain circumstances).
Te Ture Whenua Maori Act 1993 (1993 No 4) In section 4, insert in their appropriate alphabetical order: Kāinga Ora–Homes and Communities means the Crown entity established under section 8 of the Kāinga Ora–Homes and Communities Act 2019 roading powers, in relation to a specified development project (or a road within one), has the same meaning as in section 9 of the Urban Develop- ment Act 2019 specified development project has the same meaning as in section 9 of the Urban Development Act 2019 208 Urban Development Bill Schedule 4 Te Ture Whenua Maori Act 1993 (1993 No 4)—continued After section 317(7), insert: (8) In subsection (6), territorial authority means Kāinga–Ora Homes and Com- munities to the extent that the connection is to a public road in a project area for a specified development project and Kāinga Ora–Homes and Communities has roading powers in relation to that project.
After section 320(6), insert: (7) In subsection (4), territorial authority for the district means Kāinga–Ora Homes and Communities to the extent that the land, road, or proposed road is situated in a project area for a specified development project and Kāinga Ora– Homes and Communities has roading powers in relation to that project.
After section 325(5), insert: (6) In subsection (1), territorial authority having control of the road at the time of closure means Kāinga–Ora Homes and Communities to the extent that Kāinga Ora had roading powers in relation to the road at the time of closure.

Telecommunications Act 2001 (2001 No 103) 5 10 15 In section 117(2), after “Resource Management Act 1991”, insert “or a development plan under the Urban Development Act 2019”.
After section 119(4), insert: (5) In subsection (3), a reference to a district plan includes a reference to a devel- opment plan under the Urban Development Act 2019.

20 5 December 2019 10 December 2019 Introduction (Bill 197–1) First reading and referral to Environment Committee Legislative history Wellington, New Zealand: Published under the authority of the House of Representatives—2020 209