Page 36 - English-DBINZ brochure-2019

33 Doing business in New Zealand

FINANCIAL/DEVELOPMENT CONTRIBUTIONS

Proponents of new land developments that create demand for infrastructure, including wastewater,
storm water and reserves, will generally be required to contribute to the public cost of providing those
infrastructure services by making financial or development contributions to the relevant council.
Financial contributions are imposed as conditions of resource consents. Many councils use development
contributions instead of financial contributions. Development contributions are charged in accordance
with policies made under the Local Government Act 2002.

The Resource Management Act also allows for recovery of administrative costs by regional and district
councils. The general rule is that the resource developer is responsible for these costs so long as they
are reasonable.

“Proponents of new land developments that create demand for
infrastructure, including wastewater, storm water and reserves,
will generally be required to contribute to the public cost of
providing those infrastructure services by making financial or
development contributions to the relevant council.”

EXCLUSIVE ECONOMIC ZONE AND CONTINENTAL SHELF (ENVIRONMENTAL EFFECTS)
ACT 2012

A legislative framework to manage the marine environment in New Zealand’s exclusive economic zone
(beyond the 12-mile limit regulated by the Resource Management Act) and continental shelf came into
force in mid-2013. The purpose of the Exclusive Economic Zone and Continental Shelf (Environmental
Effects) Act 2012 is to promote the sustainable management of the natural resources in this area.
A person wishing to undertake certain activities in the area, such as exploratory or development
oil drilling or seabed mining, must first obtain a marine consent from a centralised regulator, the
Environmental Protection Authority. Depending on the nature of the proposed activity, a public hearing
of the application may be held. Parties can appeal decisions of the Environmental Protection Authority
to the High Court on points of law.
The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act has a range of penalty
and enforcement provisions, including provisions under which directors and senior managers of a
company may be found personally responsible for the acts or omissions of the company.