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Resource Management Act 1991

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

74: Matters to be considered by territorial authority

You could also call this:

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

When you’re making or changing a district plan, you need to think about many things. You must follow the rules set out in section 31, which talks about what you’re supposed to do. You also need to follow Part 2 of the law, which explains the main ideas behind it.

If someone in charge tells you to do something specific, you need to do that too. You might have to write a report explaining why you’re making changes, and you need to think carefully about that report.

You have to pay attention to important documents like national policy statements and coastal policy statements. These are big rules that apply to the whole country. You also need to follow any other rules that are in place.

When you’re working on your district plan, you should look at what other nearby areas are planning. You need to think about how your plan fits with theirs. You should also look at other important plans, like those for protecting special places or managing fish.

If there are plans to reduce pollution or deal with climate change, you need to think about those too. And if Māori groups have given you any important documents, you should consider those as well.

One thing you’re not allowed to do is worry about competition between businesses when you’re making your plan. You just need to focus on managing the land and resources in your area.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233671.

Topics:
Environment and resources > Town planning
Environment and resources > Conservation
Government and voting > Local councils
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73: Preparation and change of district plans, or

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

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75: Contents of district plans, or

“District plans explain what a local area wants to do and how they'll do it”

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

74Matters to be considered by territorial authority

  1. A territorial authority must prepare and change its district plan in accordance with—

  2. its functions under section 31; and
    1. the provisions of Part 2; and
      1. a direction given under section 25A(2); and
        1. its obligation (if any) to prepare an evaluation report in accordance with section 32; and
          1. its obligation to have particular regard to an evaluation report prepared in accordance with section 32; and
            1. a national policy statement, a New Zealand coastal policy statement, and a national planning standard; and
              1. any regulations.

                1. In addition to the requirements of section 75(3) and (4), when preparing or changing a district plan, a territorial authority shall have regard to—

                2. any—
                  1. proposed regional policy statement; or
                    1. proposed regional plan of its region in regard to any matter of regional significance or for which the regional council has primary responsibility under Part 4; and
                    2. any—to the extent that their content has a bearing on resource management issues of the district; and
                      1. management plans and strategies prepared under other Acts; and
                          1. relevant entry on the New Zealand Heritage List/Rārangi Kōrero required by the Heritage New Zealand Pouhere Taonga Act 2014; and
                            1. regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Maori customary fishing); and
                              1. relevant project area and project objectives (as those terms are defined in section 9 of the Urban Development Act 2020), if section 98 of that Act applies,—
                              2. the extent to which the district plan needs to be consistent with the plans or proposed plans of adjacent territorial authorities; and
                                1. any emissions reduction plan made in accordance with section 5ZI of the Climate Change Response Act 2002; and
                                  1. any national adaptation plan made in accordance with section 5ZS of the Climate Change Response Act 2002.

                                    1. A territorial authority, when preparing or changing a district plan, must take into account any relevant planning document recognised by an iwi authority and lodged with the territorial authority, to the extent that its content has a bearing on the resource management issues of the district.

                                    2. In preparing or changing any district plan, a territorial authority must not have regard to trade competition or the effects of trade competition.

                                    Notes
                                    • Section 74(1): replaced, on , for all purposes, by section 78 of the Resource Management Amendment Act 2013 (2013 No 63).
                                    • Section 74(1)(ea): inserted, on , by section 59 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                    • Section 74(2): amended, on , by section 45(2) of the Resource Management Amendment Act 2005 (2005 No 87).
                                    • Section 74(2)(a): replaced, on , by section 15(1) of the Resource Management Amendment Act 1997 (1997 No 104).
                                    • Section 74(2)(b)(ii): repealed, on , by section 31(1) of the Resource Management Amendment Act 2003 (2003 No 23).
                                    • Section 74(2)(b)(iia): inserted, on , by section 118(2) of the Historic Places Act 1993 (1993 No 38).
                                    • Section 74(2)(b)(iia): amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
                                    • Section 74(2)(b)(iii): replaced, on , by section 316(1) of the Fisheries Act 1996 (1996 No 88).
                                    • Section 74(2)(b)(iv): inserted, on , by section 300 of the Urban Development Act 2020 (2020 No 42).
                                    • Section 74(2)(d): inserted, on , by section 21 of the Resource Management Amendment Act 2020 (2020 No 30).
                                    • Section 74(2)(e): inserted, on , by section 21 of the Resource Management Amendment Act 2020 (2020 No 30).
                                    • Section 74(2A): replaced, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                                    • Section 74(3): inserted, on , by section 15(2) of the Resource Management Amendment Act 1997 (1997 No 104).
                                    • Section 74(3): amended, on , by section 58 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).