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Local Government (Water Services) Act 2025

Provision of water services: operational matters - Development contributions - Development agreements

141: Effect of development agreement

You could also call this:

"What happens when you sign a development agreement for water services"

Illustration for Local Government (Water Services) Act 2025

When you sign a development agreement, it becomes a contract that the law can enforce. You need to have all parties sign the agreement before it takes effect. A development agreement does not force a water organisation or consent authority to grant things like a resource consent under the Resource Management Act 1991, a building consent, or a code compliance certificate under the Building Act 2004.

If you have a development agreement, a water organisation or consent authority cannot refuse to grant or issue a consent, certificate, or approval just because you do not have a development agreement. If there is a conflict between a development agreement and a development contributions policy, the development agreement takes priority.

You should be aware that a development agreement also does not force a water organisation or consent authority to grant a certificate under section 224(c) of the Resource Management Act 1991, or to grant an approval for a water service connection.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004477.

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140: Content of development agreement, or

"What a development agreement for water services must include"

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142: Restrictions on use of development agreement, or

"Rules about what you can be asked to do when agreeing to develop land and provide water services"

Part 3Provision of water services: operational matters
Development contributions: Development agreements

141Effect 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 any water organisation or consent authority (as applicable) to—

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

            1. However, a water organisation or consent authority (as applicable) must not refuse to grant or issue a consent, certificate, or approval referred to in subsection (3) on the basis that a development agreement has not been entered into.

            2. A development agreement prevails in the event of any conflict between it and the application of a relevant development contributions policy in relation to any matter concerning the agreement.

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