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Local Government Act 2002

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

207B: Response to request for development agreement

You could also call this:

“How a council or developer answers when asked to make a deal about building things”

When a developer asks a local council in writing to make a development agreement, the council must think about this request quickly. The council can say yes to all or part of what the developer wants, maybe with some changes that both sides agree on. Or the council can say no. The council must tell the developer their decision in writing and explain why they made that choice.

If the council asks a developer to make a development agreement, the developer can do the same thing. They can say yes to all or part of what the council wants, maybe with some changes that both sides agree on. Or they can say no. The developer needs to tell the council their answer in writing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6240726.

Topics:
Government and voting > Local councils
Housing and property > Land use
Business > Industry rules
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207A: Request to enter development agreement, or

“Asking or being asked to make a special building deal with the local council”

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207C: Content of development agreement, or

“What needs to be written in an agreement between a council and a builder”

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

207BResponse to request for development agreement

  1. A territorial authority that receives a written request from a developer to enter into a development agreement must consider that request without unnecessary delay.

  2. The territorial authority may—

  3. accept the request in whole or in part subject to any amendments agreed to by the territorial authority and the developer; or
    1. decline the request.

      1. The territorial authority must provide the developer who made the request with a written notice of its decision and the reasons for its decision.

      2. A developer who receives a request from a territorial authority to enter into a development agreement may, in a written response to the territorial authority,—

      3. accept the request in whole or in part subject to any amendments agreed to by the territorial authority and the developer; or
        1. decline the request.

          Notes
          • Section 207B: inserted, on , by section 62 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).