Plain language law

New Zealand law explained for everyone

Local Government Act 2002

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

207D: Effect of development agreement

You could also call this:

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

A development agreement is a contract that you can legally enforce. However, it only becomes active when everyone who will be bound by it has signed it.

Just because there’s a development agreement, it doesn’t mean that the local council or other authorities have to give you permissions for things. They don’t have to grant resource consents, building consents, code compliance certificates, or other authorisations just because of the agreement.

The local council or other authorities can’t refuse to give you these permissions just because you don’t have a development agreement.

If there’s a clash between what the development agreement says and the council’s policy on development contributions, the development agreement wins.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6240728.

Topics:
Government and voting > Local councils
Housing and property > Land use
Environment and resources > Town planning
Previous

207C: Content of development agreement, or

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

Next

207E: Restrictions on use of development agreement, or

“Rules about what local councils can ask developers to do in special agreements”

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

207DEffect of development agreement

  1. A development agreement is a legally enforceable contract.

  2. A development agreement has no force until all parties that will be bound by the agreement have signed it.

  3. A development agreement does not oblige a territorial authority or any other consent authority to—

  4. grant a resource consent under the Resource Management Act 1991; or
    1. issue a building consent under the Building Act 2004; or
      1. issue a code compliance certificate under the Building Act 2004; or
        1. grant a certificate under section 224 of the Resource Management Act 1991; or
          1. grant an authorisation for a service connection.

            1. A territorial authority or other consent authority must not refuse to grant or issue a consent, certificate, or authorisation (as the case may be) referred to in subsection (3) on the basis that a development agreement has not been entered into.

            2. If there is any conflict between the content of a development agreement and the application of a relevant development contributions policy in relation to that agreement, the content of the development agreement prevails.

            Notes
            • Section 207D: inserted, on , by section 62 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
            • Section 207D(3)(a): 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 207D(3)(d): 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).