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Local Government Act 2002

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

207E: Restrictions on use of development agreement

You could also call this:

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

You need to know about some rules for development agreements. These agreements are between developers and the local government. The rules say what the local government can and can’t ask developers to do.

When you make a development agreement, the local government can’t make you provide things that are different from what you’d normally have to provide. They can’t ask for infrastructure that’s bigger, better, or different from what you’d usually have to give.

But, if you want to, you can choose to give more than what’s normally required. You can offer to provide infrastructure that’s bigger, better, or different from the usual requirements.

Remember, these rules are there to make sure that development agreements are fair and don’t ask too much from developers.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6240729.

Topics:
Government and voting > Local councils
Housing and property > Land use
Environment and resources > Town planning
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207D: Effect of development agreement, or

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

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207F: Amendment or termination of development agreement, or

“Making changes to or ending an agreement about building things”

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

207ERestrictions on use of development agreement

  1. A development agreement must not require a developer to provide—

  2. infrastructure of a nature or type for which the developer would not otherwise have been required to make a development contribution; or
    1. infrastructure of a higher standard than that which would have been provided for if the developer had been required to make a development contribution; or
      1. infrastructure of a scale that would exceed the infrastructure that would otherwise have been provided for if the developer had been required to make a development contribution.

        1. However, a developer may agree to provide infrastructure of a nature or scale that is additional to, of greater capacity than, or of a different type to the infrastructure that would have been provided if the developer had been required to make a development contribution.

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