The Land Owner And Developer Agreement is a crucial document used in New Zealand property development projects when a landowner wishes to engage a developer to undertake development on their land. This agreement type is particularly relevant in the New Zealand context where development must comply with the Resource Management Act 1991 and various local authority requirements. It establishes the commercial relationship between the parties, sets out development rights and obligations, details financial arrangements, and addresses consent requirements. The agreement typically includes provisions for resource consents, development timeframes, risk allocation, and profit sharing arrangements. It may also need to address specific considerations such as iwi consultation, heritage protection, or infrastructure requirements depending on the property's location and characteristics.
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1. Parties: Identification and details of the land owner and developer, including company registration numbers and addresses
2. Background: Context of the agreement, description of the land, and overall development intention
3. Definitions and Interpretation: Defined terms used throughout the agreement and rules of interpretation
4. Development Rights: Grant of rights to the developer to access and develop the land
5. Development Obligations: Developer's core obligations regarding the development, including timeframes and standards
6. Land Owner Obligations: Land owner's obligations including providing access and cooperation
7. Development Process: Detailed steps of the development process, including approvals and consents
8. Financial Terms: Payment terms, profit sharing, and financial obligations between parties
9. Resource Consents: Obligations and process for obtaining necessary resource consents
10. Title and Ownership: Provisions regarding land title, subdivision, and ownership arrangements
11. Risk and Insurance: Allocation of risks and required insurance coverage
12. Default and Termination: Events of default, remedies, and termination provisions
13. Dispute Resolution: Process for resolving disputes between parties
14. General Provisions: Standard legal provisions including notices, assignment, and governing law
1. M����ori Land Provisions: Required when development involves M����ori land or interests
2. Heritage Protection: Required when the site contains heritage elements requiring protection
3. Environmental Management: Detailed environmental obligations when site has specific environmental sensitivities
4. Infrastructure Contributions: When development requires significant infrastructure upgrades or connections
5. Marketing and Sales: Required when agreement includes provisions about marketing and selling developed properties
6. Staged Development: When development will occur in multiple stages
7. Community Consultation: When development requires specific community engagement processes
8. Joint Venture Provisions: When arrangement is structured as a joint venture rather than straight development agreement
1. Schedule 1 - Land Description: Detailed legal description of the land including title references and plans
2. Schedule 2 - Development Plans: Architectural and engineering plans for the proposed development
3. Schedule 3 - Development Program: Detailed timeline and milestones for the development
4. Schedule 4 - Financial Terms: Detailed financial calculations, profit share arrangements, and payment schedules
5. Schedule 5 - Consent Requirements: List of required consents and approvals
6. Schedule 6 - Design Guidelines: Specific design requirements and standards for the development
7. Schedule 7 - Construction Requirements: Detailed construction specifications and standards
8. Schedule 8 - Insurance Requirements: Specific insurance policies and coverage requirements
9. Appendix A - Due Diligence Results: Summary of due diligence investigations and findings
10. Appendix B - Professional Team: List of key consultants and contractors involved in the development
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