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Resource Management Act 1991

Standards, policy statements, and plans - Local authority policy statements and plans - District plans

73: Preparation and change of district plans

You could also call this:

“Rules for making and updating plans that guide how land is used in different parts of New Zealand”

You need to know that every district must always have one district plan. This plan is made following the rules in Schedule 1. You can change a district plan using the same rules.

If someone in charge tells a local council to change their district plan, the council must do it. Anyone can ask a local council to change their district plan. The council might agree to do this using the rules in Part 2 or Part 5 of Schedule 1.

You can ask to change a district plan at the same time as asking to swap some park land, but only if the local council agrees and they’re in charge of the park.

A district plan can be split into different parts for different areas. If a big plan for the whole region says something that’s not in the district plan, the local council must change their plan to match. They need to do this as soon as they can, or by the date the big plan says.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233667.

Topics:
Environment and resources > Land use
Environment and resources > Town planning
Government and voting > Local councils
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72: Purpose of district plans, or

“District plans help local councils make decisions that are good for the environment and community.”

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74: Matters to be considered by territorial authority, or

“The rules a local council must follow when making or changing plans for their area”

Part 5 Standards, policy statements, and plans
Local authority policy statements and plans: District plans

73Preparation and change of district plans

  1. There must at all times be 1 district plan for each district, prepared in the manner set out in the relevant Part of Schedule 1.

  2. A district plan may be changed in the manner set out in the relevant Part of Schedule 1.

  3. A territorial authority given a direction under section 25A(2) must prepare a change to its district plan in a way that implements the direction.

  4. Any person may request a territorial authority to change a district plan, and the plan may be changed in the manner set out in Part 2 or 5 of Schedule 1.

  5. A request for a plan change may be made jointly with an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977 if the territorial authority—

  6. is also the administering body in which the recreation reserve land is vested; and
    1. agrees that the request and application may be made jointly.

      1. A district plan may be prepared in territorial sections.

      2. A local authority must amend a proposed district plan or district plan to give effect to a regional policy statement, if—

      3. the statement contains a provision to which the plan does not give effect; and
        1. one of the following occurs:
          1. the statement is reviewed under section 79 and not changed or replaced; or
            1. the statement is reviewed under section 79 and is changed or replaced and the change or replacement becomes operative; or
              1. the statement is changed or varied and becomes operative.

              2. A local authority must comply with subsection (4)—

              3. within the time specified in the statement, if a time is specified; or
                1. as soon as reasonably practicable, in any other case.

                  Notes
                  • Section 73(1): replaced, on , by section 58(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                  • Section 73(1A): replaced, on , by section 58(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                  • Section 73(1B): inserted, on , by section 44(1) of the Resource Management Amendment Act 2005 (2005 No 87).
                  • Section 73(2): amended, on , by section 58(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                  • Section 73(2A): inserted, on , by section 188(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                  • Section 73(4): inserted, on , by section 44(2) of the Resource Management Amendment Act 2005 (2005 No 87).
                  • Section 73(5): inserted, on , by section 44(2) of the Resource Management Amendment Act 2005 (2005 No 87).