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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:

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

When a local authority makes a rule about an activity, you need to know what that means. If the activity is controlled, the local authority must say what they have control over. They must write this in the rule so you can understand it.

If the activity is restricted discretionary, the local authority must say what they have limited power over. They must also write this in the rule so you can see what it means. This helps you know what the local authority can decide about the activity.

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This page was last updated on

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

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

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

"Some activities are either allowed with permission or not allowed at all under the law."

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).