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Local Government (Water Services) Act 2025

Provision of water services: operational matters - Development contributions

109: Interpretation

You could also call this:

"What special words mean in this part of the law"

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When you read this part of the law, you need to know what some words mean. A building consent authority is a person or group whose name is on a special list, as described in section 273(1)(a) of the Building Act 2004. This list helps you understand who can give consent for building work.

You also need to know what a consent authority is. It can be a building consent authority or a consent authority under the Resource Management Act 1991, which you can read about in section 2(1) of that Act. This helps you understand who can give consent for different types of work.

Development is any work that creates a need for water services, like subdividing land, building, or changing how land is used. However, it does not include the pipes or lines of a network utility operator, which is described in section 166 of the Resource Management Act 1991.

A development agreement is a voluntary agreement between parties to provide water services infrastructure. You can read about the parties involved in section 138(2). This agreement is for providing, supplying, or exchanging infrastructure, land, or money to provide water services.

A development contribution is a payment required from someone who is doing development work. This payment is calculated using a special methodology, which you can read about in section 126. The payment can be money or land, but not Māori land, unless Te Ture Whenua Maori Act 1993 says otherwise.

A development contributions commissioner is a person appointed under section 199F of the LGA 2002. A development contributions policy is a policy adopted by a water organisation or a territorial authority, which you can read about in section 119 or 120 and section 102 of the LGA 2002.

A financial contribution has a special meaning, which you can read about in section 108(9) of the Resource Management Act 1991. The methodology for calculating development contributions is set out in section 126.

A network utility operator has a special meaning, which you can read about in section 166 of the Resource Management Act 1991. An objector is someone who disagrees with the amount of a development contribution, as described in section 133.

A resource consent has a special meaning, which you can read about in section 2(1) of the Resource Management Act 1991. It includes a change to a condition of a resource consent under section 127 of that Act.

A water service connection is a physical connection to a water services network provided by a water organisation. This helps you understand how people connect to water services.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004435.

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Part 3Provision of water services: operational matters
Development contributions

109Interpretation

  1. In this subpart, unless the context otherwise requires,—

    building consent authority means a person whose name is entered in the register referred to in section 273(1)(a) of the Building Act 2004

      consent authority means—

      1. a building consent authority; or
        1. a consent authority under the Resource Management Act 1991 (see section 2(1) of that Act)

          development—
        2. means any subdivision, building (as defined in section 8 of the Building Act 2004), land use, or work that generates a demand for water services infrastructure; but
          1. does not include the pipes or lines of a network utility operator

              1. development agreement means a voluntary agreement—

              1. entered into between the parties specified in section 138(2); and
                1. for the provision, supply, or exchange of infrastructure, land, or money to provide water services infrastructure—
                  1. in the service area, or part of a service area, of each water organisation that is a party to the agreement; and
                    1. in the district, or part of a district, of any territorial authority that is a party to the agreement

                    development contribution means a contribution (from a person who is undertaking development) that—

                    1. is required to be made under a development contributions policy; and
                      1. is calculated in accordance with the methodology; and
                        1. comprises one or both of the following:
                          1. money:
                            1. land, including a reserve or an esplanade reserve (other than in relation to a subdivision consent), but excluding Māori land, unless Te Ture Whenua Maori Act 1993 provides otherwise

                            development contributions commissioner means a person appointed under section 199F of the LGA 2002

                              development contributions policy means—

                              1. a water organisation’s development contributions policy adopted under section 119 or 120 (as applicable); or
                                1. a territorial authority’s development contributions policy adopted under section 102 of the LGA 2002; or
                                  1. a development contributions policy described in paragraph (b) that has been extended to a water organisation under section 128

                                    financial contribution has the meaning set out in section 108(9) of the Resource Management Act 1991

                                      methodology means the methodology for calculating development contributions set out in section 126

                                        network utility operator has the meaning set out in section 166 of the Resource Management Act 1991

                                          objector means a person who objects under section 133 to the assessed amount of a development contribution

                                            resource consent has the meaning set out in section 2(1) of the Resource Management Act 1991, and includes a change to a condition of a resource consent under section 127 of that Act

                                              water service connection means a physical connection to a water services network provided by, or on behalf of, a water organisation.