Infrastructure Funding and Financing Act 2020

Coat of Arms of New Zealand

Infrastructure Funding and Financing Act 2020

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

Contents

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

The Parliament of New Zealand enacts as follows: