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Local Government (Water Services) Act 2025

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

142: Restrictions on use of development agreement

You could also call this:

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

Illustration for Local Government (Water Services) Act 2025

When you enter into a development agreement, there are rules about what you can be asked to do. You must not be required to provide water services infrastructure that is different from what you would normally have to provide. This means you cannot be asked to provide infrastructure that is of a different type, or of a higher standard, or on a larger scale than what is normally required. You can still choose to agree to provide this infrastructure if you want to. If you want to know more about similar rules, you can look at the legislation from 2002.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004478.

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141: Effect of development agreement, or

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

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143: Amendment or termination of development agreement, or

"Changing or ending a development agreement with everyone's agreement"

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

142Restrictions on use of development agreement

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

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

        1. However, a developer may agree to provide infrastructure described in subsection (1)(a), (b), or (c).

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