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:

“Rules can be made for different types of activities and their conditions”

A local authority can make rules about different types of activities in their area. They can put these activities into different groups. The groups are: permitted, controlled, restricted discretionary, discretionary, non-complying, and prohibited activities.

When the local authority makes rules, they can apply these rules to all the activities in a group. These rules are for their plan or proposed plan.

The local authority can also set conditions in their plan. But these conditions must be about the things described in section 108 or section 220.

Remember, when the local authority makes rules for each group of activities, they need to follow what section 77B 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=DLM233699.

Topics:
Environment and resources > Town planning
Government and voting > Local councils

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“Rules for setting aside land near water when dividing property or closing roads”


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77B: Duty to include certain rules in relation to controlled or restricted discretionary activities, or

“Rules must clearly state what the local authority can control or decide for certain activities.”

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).