Local Government Act 2002

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

205: Use of development contributions for reserves

You could also call this:

“How councils use money from new buildings to make parks and playgrounds better for everyone”

When a local council in your area receives money for reserves from development contributions, they must use it to buy or improve reserves in your district. This can include:

Creating or upgrading community or recreational facilities that are part of a reserve.

Providing or improving recreational facilities at a school that’s just been built or is about to be built. For this to happen, there needs to be an agreement that allows the public to use these facilities, and the Minister for Sport and Recreation must agree that the public can use them reasonably.

Buying land to be used for conservation under the Reserves Act 1977, or land that will have a special agreement to protect it for conservation.

Paying other groups to improve land for public recreation or conservation. This could be another local council, a group that looks after a reserve, trustees of a Māori reservation, or anyone else who can protect land for conservation forever.

The council can decide on the terms for these payments, as long as the money is used to make reserves or conservation areas bigger, better, or more developed for everyone to enjoy.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173845.

Topics:
Government and voting > Local councils
Environment and resources > Conservation
Housing and property > Land use

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206: Alternative uses of development contributions for reserves, or

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Part 8 Regulatory, enforcement, and coercive powers of local authorities
Development contributions: Use of development contributions

205Use of development contributions for reserves

  1. A territorial authority must use a development contribution received for reserves purposes for the purchase or development of reserves within its district, which may include—

  2. the development of community or recreational facilities associated with the use of a reserve:
    1. the provision or improvement of recreational facilities at a school established or about to be established under subpart 6 of Part 3 of the Education and Training Act 2020, if—
      1. a licence has been granted under section 6A of the Education Lands Act 1949 in relation to the use or occupation of the community recreational facilities; and
        1. the Minister for Sport and Recreation has notified the local authority in writing that he or she is satisfied that the licence provides for the reasonable use of the community recreational facilities by members of the public:
        2. the purchase of land or an interest in land—
          1. to be held for conservation purposes under the Reserves Act 1977:
            1. that is, or will be, subject to a conservation covenant under section 77 of the Reserves Act 1977:
            2. payment, on terms and conditions the territorial authority thinks fit, to—
              1. another local authority or public body in which land in the district is vested to enlarge, enhance, or develop the land for public recreation purposes:
                1. the administering body of a reserve held under the Reserves Act 1977 to enlarge, enhance, or develop the reserve:
                  1. the trustees or body corporate in whom is vested a Māori reservation to which section 340 of Te Ture Whenua Maori Act 1993 applies, to enhance the reservation for cultural or other purposes:
                    1. any person, to secure an appropriate interest in perpetuity in land for conservation purposes.
                    Notes
                    • Section 205(b): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).
                    • Section 205(b)(i): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).