Infrastructure Funding and Financing Act 2020

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Version as at 28 October 2021

Infrastructure Funding and Financing Act 2020

Public Act		2020 No 47
Date of assent		6 August 2020
Commencement		see section 2

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Housing and Urban Development.

1	Title
2	Commencement
	Part 1 Preliminary provisions
3	Purpose
4	Outline of this Act
5	Transitional, savings, and related provisions
6	Act binds the Crown
	Interpretation
7	Interpretation
8	Meaning of eligible infrastructure
9	Meaning of eligible costs
10	What is an SPV
	Protected Māori land
11	Meaning of protected Māori land
12	Te Ture Whenua Maori Act 1993 not affected by this Act
13	Marine and Coastal Area (Takutai Moana) Act 2011 not affected by this Act
14	Treaty settlement obligations prevail
	Application of Local Government (Rating) Act 2002
15	How Local Government (Rating) Act 2002 applies to this Act
	Part 2 Authorisation of levy
16	Outline of this Part
	Subpart 1—Consideration of levy proposal
	Levy proposal
17	Who may propose levy
18	Content of levy proposal
	Levy proposal assessed by recommender
19	Recommender assesses levy proposal
20	Infrastructure endorsement
21	Levy endorsement
22	Authorities not restricted by endorsement
23	Endorsements notified
24	Consent to include protected Māori land
25	Recommendation
26	Recommendation report
	Responsible Minister’s consideration of levy proposal
27	Responsible Minister may recommend levy order to Governor-General in Council
28	Consultation
	Subpart 2—Levy order
29	Order in Council
30	Monitor publishes recommender’s report
31	Content of levy order
32	Setting levy: leviable land
33	Setting levy: factors to be used in assessing liability
34	Additional content of levy order
	Subpart 3—Basis of liability for levy
	Preliminary
35	Application
36	Leviable land
37	Who must pay levy
38	When levy payment must be made
39	Levy period
	Responsible SPV sets annual levy
40	Annual levy
41	Rating information needed by SPV
	Confirmation of annual levy
42	Proposed annual levy resolution
43	Monitor reviews proposed resolution and report
44	Monitor confirms proposed resolution
45	Responsible SPV sets annual levy
46	Monitor publishes resolution
47	Monitor not satisfied
48	Revised proposed annual levy resolution
49	Monitor directs resolution
50	Responsible SPV sets annual levy as directed
	Correcting annual levy
51	Responsible SPV may correct annual levy resolution
	Maximum levy revenue can be reduced
52	Maximum levy revenue can be reduced
	Part 3 Administration of levy
53	Outline of this Part
	Subpart 1—Who administers levy
54	Who administers levy
55	Levy administration agreement
56	When agreement not reached
57	When SPV recovers unpaid levy
58	Levy is charge against rating unit
59	Invalidity of levy not ground for refusal to pay levy
	Subpart 2—Responsible levy authority administers levy
	Levy proceeds paid to responsible SPV
60	Collected levy paid to responsible SPV
	Rating information database and rating records
61	Rating information database
62	Objections by levypayers
63	Responsible SPV to give levy-related information to responsible levy authority
64	Notification of change in circumstances
65	Rates records and objections, etc, to rates records
66	Correction of errors
67	Amended levy assessment and recovery of additional levy
	Levy assessment and invoicing
68	Assessment of levy liability
69	When responsible levy authority must treat 2 or more rating units as 1 unit for assessing levy
70	Levy assessment notified to levypayer
71	Information in levy assessment
72	Levy invoice
73	Further processes for levy assessment and levy invoice
	Collection of levy
74	Collection of levy
	Penalties
75	Penalties for unpaid levy
	Remission and postponement of levy
76	Levy remission and levy postponement policies
77	Levy remission and levy postponement policies relating to Maori freehold land
78	Remission of levy
79	Postponement of requirement to pay levy
	Write-off of levy
79A	Write-off of levy
	Recovery of unpaid levy
80	Recovery under Local Government (Rating) Act 2002
81	Recovery action in relation to Maori freehold land
	Subpart 3—When responsible SPV recovers unpaid levy
82	Recovery action generally
83	Legal proceedings to recover levy
84	Application of proceeds of rating sale or lease that involves levy
85	Recovery action in relation to Māori freehold land
86	Responsible levy authority must give information to responsible SPV
	Part 4 Other operational and financial matters
87	Outline of this Part
	Subpart 1—SPV’s ongoing duties
88	Levy collected must not exceed maximum levy revenue
89	Levy revenue must be applied only to pay eligible costs
90	Eligible infrastructure vested in responsible infrastructure authority
	Subpart 2—Excess levy, uncollected levy, and previous contributions
	Excess levy at end of levy period
91	Excess levy at end of levy period
92	Excess levy threshold
	Uncollected levy at end of levy period
93	Responsible SPV may assign uncollected levy to responsible levy authority
	Previous development contributions and financial contributions
94	Application and interpretation
95	Responsible levy authority to inform responsible SPV about previous contributions
96	Responsible SPV may direct responsible levy authority to transfer previous contributions and remit levies
97	Responsible levy authority must refund or return previous contributions if no direction
98	Sections 209 and 210 of Local Government Act 2002 do not apply to those previous contributions
	Subpart 3—SPV’s powers relating to construction
	Powers relating to private land
99	Power to construct eligible infrastructure on private land
	Powers relating to roads and public land
100	Powers to construct water services infrastructure on roads and public land
101	Notice requirement
102	Responsible SPV to be notified of conditions
103	Failure to notify conditions
104	Urgency
105	Appeal by responsible SPV to District Court
	Subpart 4—Other financial matters
	Accounting records and reporting
106	Definitions
107	Levy account
108	Accounting records
109	Financial statements
110	Audit
111	Annual report
112	Content of annual report
113	Additional information required by monitor
	Limitations on support given to SPV
114	Support from responsible levy authority or responsible infrastructure authority
115	Crown liability generally
116	Crown liability under certain contracts and arrangements
	Part 5 Monitoring, remedies, enforcement, and miscellaneous
117	Outline
	Subpart 1—Role of monitor
118	Appointment of monitor
119	Functions, duties, and powers
120	Monitor must publish information
121	Information and assistance
122	Restricted change of control of SPV
123	Inquiry into SPV’s operations
124	Monitor may give direction or request remedial plan
125	Monitor may recommend appointment of Crown Manager
	Subpart 2—Role of Crown Manager
126	Responsible Minister may appoint Crown Manager
127	Functions, duties, and powers of Crown Manager
128	Information to responsible Minister and monitor
129	Termination of appointment
130	Protection from liability
131	Costs of Crown Manager
132	Remuneration and expenses of Crown Manager
	Subpart 3—Modified rights and remedies for creditors
133	General law applies with some modifications
	Modification of Receiverships Act 1993 for SPVs
134	Application of Receiverships Act 1993
135	Receiver appointed under instrument
136	Receiver appointed by court
137	Powers of receiver
138	General duties of receiver
139	Constraints on receiver
140	Protection of receiver
141	Exception in relation to Crown Manager
	Limit on usual rules for creditors
142	Limit on usual rules for transactions and dispositions at under value
	Subpart 4—Enforcement
	Injunctions and compliance orders
143	Court may grant injunction
144	When court may grant injunction
145	No undertaking as to damages required
146	Court may make compliance order
	Civil liability and compensatory orders
147	Court may make civil liability order
148	Court may make compensatory order
149	Defences
150	Defences for person involved in contravention
151	Meaning of involved in a contravention
	Offences
152	False statement or information
153	Refusal or failure to give information
154	Resistance, obstruction, or failure to comply with directions
	Subpart 5—Miscellaneous
	Recommender
155	Appointment of recommender
156	Function of recommender
	Delegations
157	Responsible levy authority may delegate
158	Responsible SPV may delegate
159	Other provisions of Local Government (Rating) Act 2002 applied
	Courts
160	Jurisdiction of courts
	Subpart 6—Amendments to other Acts
161	Amendments to other Acts
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Amendments to other Acts
	Notes

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