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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

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

You could also call this:

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

When a local authority creates rules for its plan or proposed plan, it needs to be clear about certain things. If the rule says an activity is a ‘controlled activity’, the local authority must tell you exactly what parts of the activity they will control. This helps you understand what they will look at when deciding about your activity.

Similarly, if the local authority makes a rule that calls an activity a ‘restricted discretionary activity’, they have to spell out which parts of the activity they will consider. This lets you know what aspects of your activity they will focus on when making their decision.

These rules help make sure you know what to expect when you want to do certain activities in your area. The local authority can’t suddenly control or consider things they haven’t listed in their rules. This way, the process is fair and clear for everyone.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233801.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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77A: Power to make rules to apply to classes of activities and specify conditions, or

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

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77C: Certain activities to be treated as discretionary activities or prohibited activities, or

“Rules about activities that need special permission or are not allowed at all”

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

77BDuty to include certain rules in relation to controlled or restricted discretionary activities

  1. Subsection (2) applies if a local authority makes a rule in its plan or proposed plan classifying an activity as a controlled activity.

  2. The local authority must specify in the rule the matters over which it has reserved control in relation to the activity.

  3. Subsection (4) applies if a local authority makes a rule in its plan or proposed plan classifying an activity as a restricted discretionary activity.

  4. The local authority must specify in the rule the matters over which it has restricted its discretion in relation to the activity.

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