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Local Government Act 2002

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

207C: Content of development agreement

You could also call this:

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

A development agreement is a written document that must be signed by all parties involved. You need to include certain information in this agreement. You must write down the legal names of both the local council and the developer who will be bound by the agreement. You also need to describe the land that the agreement is about. This description should include the legal description and, if possible, the street address and other details about where the land is located and how big it is.

The agreement must also explain what infrastructure each party will provide or pay for. This could be things like roads, water pipes, or electricity lines.

You can add more information to the agreement if you want. This could include details about the development project, when the infrastructure will be built, who will own and look after it, and when it will be handed over. You can also include information about how to solve any disagreements, when land might be transferred between the council and the developer, and any money that will be paid between the parties.

Lastly, you can include ways to make sure the agreement is followed. This might involve a guarantee, a bond, or a special legal document called a memorandum of encumbrance. These help to protect both parties if someone doesn’t do what they promised in the agreement.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6240727.

Topics:
Government and voting > Local councils
Housing and property > Land use
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“How a council or developer answers when asked to make a deal about building things”

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207D: Effect of development agreement, or

“What happens when people sign a special agreement about building things”

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

207CContent of development agreement

  1. A development agreement must be in writing and be signed by all parties that are to be bound by the agreement.

  2. A development agreement must include—

  3. the legal name of the territorial authority that will be bound by the agreement; and
    1. the legal name of the developer that will be bound by the agreement; and
      1. a description of the land to which the agreement will relate, including its legal description and, if applicable,—
        1. the street address of the land; and
          1. other identifiers of the location of the land, its boundaries, and extent; and
          2. details of the infrastructure (if any) that each party to the agreement will provide or pay for.

            1. A development agreement may also include, without limitation, information relating to all or any of the following:

            2. a description of the development to which the agreement will relate:
              1. when infrastructure will be provided, including whether the infrastructure will be provided in stages:
                1. who will own, operate, and maintain the infrastructure being provided:
                  1. the timing and arrangements of any vesting of infrastructure:
                    1. the mechanism for the resolution of disputes under the agreement:
                      1. the arrangements for, and timing of, any transfer of land between the territorial authority and the developer:
                        1. the nature, amount, and timing of any monetary payments to be made between the parties to the agreement:
                          1. the enforcement of the development agreement by a suitable means in the event of a breach, including, but not limited to,—
                            1. a guarantee; or
                              1. a bond; or
                                1. a memorandum of encumbrance.

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