144Powers of water organisation if development contributions not made

1. A water organisation that has required a development contribution under section 113 may do the following until the contribution is made:

2. in the case of a development contribution required under section 113(1)(a), request the relevant consent authority to—
   1. withhold a certificate under section 224(c) of the Resource Management Act 1991:
   2. prevent the commencement of a resource consent under the Resource Management Act 1991:
3. in the case of a development contribution required under section 113(1)(b), request the relevant consent authority to withhold a code compliance certificate under section 95 of the Building Act 2004:
4. in the case of a development contribution required under section 113(6), request the relevant territorial authority to withhold a certificate of acceptance under section 99 of the Building Act 2004:
5. in any case, withhold approval of a service connection to the relevant development:
6. in any case, register the development contribution under subpart 5 of Part 3 of the Land Transfer Act 2017, as a charge on the land in respect of which the development contribution was required.

7. When making a request under subsection (1)(a) or (b), the water organisation must provide sufficient evidence to the consent authority to support the request.

8. However, subsection (1)(d) does not authorise a water organisation to restrict or disconnect a water connection that existed before it required the development contribution.

9. Subsection (5) applies—

10. in the circumstances to which subsection (1) applies; and
11. if Kāinga Ora–Homes and Communities is responsible for granting the consent, approval, or certificate.

12. Kāinga Ora–Homes and Communities may do the following until the development contribution is made:

13. in the case of a development contribution required under section 113(1)(a),—
    1. withhold a certificate made under section 224(c) of the Resource Management Act 1991:
    2. prevent the commencement of a resource consent under the Resource Management Act 1991:
14. in the case of a development contribution required under section 113(1)(b), withhold a code compliance certificate under section 95 of the Building Act 2004:
15. in the case of a development contribution required under section 113(1)(c), exercise the power set out in subsection (1)(c) on the water organisation’s behalf, as appropriate and by agreement with the water organisation.