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Resource Management Act 1991

Standards, policy statements, and plans - Local authority policy statements and plans - Additional provisions for regional rules and district rules

77A: Power to make rules to apply to classes of activities and specify conditions

You could also call this:

“Councils can make rules for groups of activities that affect the environment and set conditions for them.”

A local authority can group activities into classes and make rules for each class. You can think of activities as things people do that might affect the environment. The authority can make rules that apply to each activity in a class.

The authority can also set conditions for activities, but only if those conditions are related to certain matters described in section 108 or section 220. Activities can be classified in different ways, such as permitted, controlled, or restricted discretionary activities.

The authority’s power to make rules is subject to section 77B, which means that section has some control over what the authority can do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233699.

Topics:
Environment and resources > Town planning Environment and resources > Conservation Government and voting > Local councils
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77B: Duty to include certain rules in relation to controlled or restricted discretionary activities, or

"Local councils must clearly state their rules for certain activities so you can understand them."

Part 5 Standards, policy statements, and plans
Local authority policy statements and plans: Additional provisions for regional rules and district rules

77APower to make rules to apply to classes of activities and specify conditions

  1. A local authority may—

  2. categorise activities as belonging to one of the classes of activity described in subsection (2); and
    1. make rules in its plan or proposed plan for each class of activity that apply—
      1. to each activity within the class; and
        1. for the purposes of that plan or proposed plan; and
        2. specify conditions in a plan or proposed plan, but only if the conditions relate to the matters described in section 108 or 220.

          1. An activity may be—

          2. a permitted activity; or
            1. a controlled activity; or
              1. a restricted discretionary activity; or
                1. a discretionary activity; or
                  1. a non-complying activity; or
                    1. a prohibited activity.

                      1. Subsection (1)(b) is subject to section 77B.

                      Notes
                      • Section 77A: replaced, on , by section 60 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).