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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Development contributions

197: Interpretation

You could also call this:

“Explaining important words used in local government rules”

This section explains important terms used in the law about regulatory, enforcement, and coercive powers of local authorities. Here’s what you need to know:

An allotment is a piece of land, as defined in the Resource Management Act 1991.

Capital expenditure includes money a local authority gives to help build infrastructure that will be given to the authority later.

Development means building or changing land in a way that requires new parks, roads, or community buildings. It doesn’t include putting in pipes or power lines.

A methodology is a way of calculating how much people need to pay for new developments.

A network utility operator is someone who provides services like electricity or water, as defined in the Resource Management Act 1991.

Accommodation units are places where people can stay overnight or for short periods, like apartments or holiday park cabins.

Community facilities are parks, roads, or community buildings that people might need to pay for when developing land.

Community infrastructure means land or buildings owned by the local council for public use, or land they plan to buy for this purpose.

A development agreement is when developers and local councils make a deal about providing land, money, or infrastructure for new developments.

A development contribution is money or land that developers give to the council to help pay for new facilities needed because of their development.

If you disagree with having to pay a development contribution, you can make a development contribution objection.

The development contribution policy is the council’s plan for how these payments work.

A development contributions commissioner is a person who helps sort out disagreements about development contributions.

Network infrastructure includes things like roads, water supply, and drainage systems.

A resource consent is permission to use resources or land in a certain way, as defined in the Resource Management Act 1991.

A service connection is when your property connects to a service provided by the local council, like water or sewerage.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173499.

Topics:
Government and voting > Local councils
Housing and property > Land use
Environment and resources > Town planning
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Part 8 Regulatory, enforcement, and coercive powers of local authorities
Development contributions

197Interpretation

  1. In this subpart and Schedule 13,—

    allotment has the meaning given to it in section 218(2) of the Resource Management Act 1991

      capital expenditure includes any funding provided by a responsible levy authority to contribute to the construction costs of eligible infrastructure that has been, or is intended to be, transferred to the authority under section 90 of the Infrastructure Funding and Financing Act 2020

        development means—

        1. any subdivision, building (as defined in section 8 of the Building Act 2004), land use, or work that generates a demand for reserves, network infrastructure, or community infrastructure; but
          1. does not include the pipes or lines of a network utility operator

            methodology means the methodology for calculating development contributions set out in Schedule 13

              network utility operator has the meaning given to it by section 166 of the Resource Management Act 1991.

              1. In this Act, unless the context otherwise requires,—

                accommodation units means units, apartments, rooms in 1 or more buildings, or cabins or sites in camping grounds and holiday parks, for the purpose of providing overnight, temporary, or rental accommodation

                  community facilities means reserves, network infrastructure, or community infrastructure for which development contributions may be required in accordance with section 199

                    community infrastructure—

                    1. means land, or development assets on land, owned or controlled by the territorial authority for the purpose of providing public amenities; and
                      1. includes land that the territorial authority will acquire for that purpose

                        development agreement means a voluntary contractual agreement made under sections 207A to 207F between 1 or more developers and 1 or more territorial authorities for the provision, supply, or exchange of infrastructure, land, or money to provide network infrastructure, community infrastructure, or reserves in 1 or more districts or a part of a district

                          development contribution means a contribution—

                          1. provided for in a development contribution policy of a territorial authority; and
                            1. calculated in accordance with the methodology; and
                              1. comprising—
                                1. money; or
                                  1. land, including a reserve or esplanade reserve (other than in relation to a subdivision consent), but excluding Māori land within the meaning of Te Ture Whenua Maori Act 1993, unless that Act provides otherwise; or
                                    1. both

                                    development contribution objection means an objection lodged under clause 1 of Schedule 13A against a requirement to make a development contribution

                                      development contribution policy means the policy on development contributions adopted under section 102(1)

                                        development contributions commissioner means a person appointed under section 199F

                                          network infrastructure means the provision of roads and other transport, water, wastewater, and stormwater collection and management

                                            objector means a person who lodges a development contribution objection

                                              resource consent has the meaning given to it in section 2(1) of the Resource Management Act 1991, and includes a change to a condition of a resource consent under section 127 of that Act

                                                service connection means a physical connection to a service provided by, or on behalf of, a territorial authority.

                                                Notes
                                                • Section 197(1): amended, on , by section 22(1) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).
                                                • Section 197(1) allotment: amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                • Section 197(1) capital expenditure: inserted, on , by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).
                                                • Section 197(1) community facilities: repealed, on , by section 30(1) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).
                                                • Section 197(1) community infrastructure: repealed, on , by section 30(1) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).
                                                • Section 197(1) development paragraph (a): amended, on , by section 51(1) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
                                                • Section 197(1) development contribution: repealed, on , by section 30(1) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).
                                                • Section 197(1) development contribution policy: repealed, on , by section 30(1) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).
                                                • Section 197(1) network infrastructure: repealed, on , by section 30(1) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).
                                                • Section 197(1) network utility operator: amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                • Section 197(1) service connection: repealed, on , by section 30(1) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).
                                                • Section 197(2): inserted, on , by section 30(2) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).
                                                • Section 197(2) accommodation units: inserted, on , by section 51(3) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
                                                • Section 197(2) community infrastructure: replaced, on , by section 11 of the Local Government (Community Well-being) Amendment Act 2019 (2019 No 17).
                                                • Section 197(2) development agreement: inserted, on , by section 51(3) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
                                                • Section 197(2) development contribution objection: inserted, on , by section 51(3) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
                                                • Section 197(2) development contributions commissioner: inserted, on , by section 51(3) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
                                                • Section 197(2) objector: inserted, on , by section 51(3) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
                                                • Section 197(2) resource consent: replaced, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).