Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Designations and heritage orders - Designations

180A: When financial responsibility is transferred to responsible SPV

You could also call this:

“When a special company takes over building important things for the city, they get to make some decisions about the construction”

This law explains when a special company (called a responsible SPV) can take over some duties for building important things like roads or pipes. Here’s what you need to know:

The law applies when a local council has permission to build something important, and a special company wants to do the building instead. The council’s permission to build (called a designation) stays in place, even if the special company takes over.

The council can give the special company some of its powers and duties related to the building work. The council does this by writing a letter to the company.

When the special company gets these powers and duties, they have to follow all the rules that were set for the original building plan. But even if the special company is doing the work, the council still keeps all of its powers and duties too.

This law helps make sure that important building projects can still happen, even if a different company takes over from the council.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS399252.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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180: Transfer of rights and responsibilities for designations, or

“The law explains how to pass on the rights and duties for important projects from one group to another.”

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181: Alteration of designation, or

“Changing the rules about how land can be used for special purposes”

Part 8 Designations and heritage orders
Designations

180AWhen financial responsibility is transferred to responsible SPV

  1. This section applies if—

  2. a local authority or territorial authority holds a designation for work that relates to the construction of eligible infrastructure within the meaning of paragraph (b) of the definition of relates to the construction of eligible infrastructure in section 166(2); and
    1. a responsible SPV has taken over, or proposes to take over, the construction; and
      1. a designation continues to be required for the construction; and
        1. the responsible SPV is not a requiring authority; and
          1. the authority is the responsible infrastructure authority in relation to the construction.

            1. The designation continues to apply to the construction work.

            2. The responsible infrastructure authority may, by written notice, delegate to the responsible SPV those functions, duties, and powers in relation to the designation that relate to the construction of eligible infrastructure.

            3. The responsible SPV must perform those delegated functions and duties and exercise those delegated powers in accordance with any conditions attached to the designation.

            4. A delegation does not affect the performance or exercise of any function, duty, or power by the responsible infrastructure authority.

            Notes
            • Section 180A: inserted, on , by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).