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Resource Management Act 1991

Standards, policy statements, and plans - Miscellaneous matters

81: Boundary adjustments

You could also call this:

“Rules for land use when area boundaries change between local authorities”

When the boundaries of a region or district change, and an area becomes part of a different local authority’s jurisdiction, the plan or proposed plan that applied to the area before the change will continue to apply. This plan will be considered part of the new local authority’s plan or proposed plan for that area.

Any activities that were allowed under section 19 before the boundary change can continue as if the change hadn’t happened.

If a district’s boundaries are changed to include an area that wasn’t part of any district before, you can’t use that land unless you have a resource consent that specifically allows it. This rule applies until a district plan says otherwise.

When a territorial authority gets new areas added to its district, it needs to make changes to its district plans to cover these new areas. The authority has to do this as soon as possible, but within 2 years at most. Once these changes are made, the rules in this section won’t apply anymore.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233822.

Topics:
Environment and resources > Town planning
Environment and resources > Land use
Government and voting > Local councils
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Part 5 Standards, policy statements, and plans
Miscellaneous matters

81Boundary adjustments

  1. Where the boundaries of any region or district are altered, and any area comes within the jurisdiction of a different local authority,—

  2. the plan or proposed plan that applied to the area before the alteration of the boundaries shall continue to apply to that area and shall, in so far as it applies to the area, be deemed to be part of the plan or proposed plan of the different local authority:
    1. any activity that may, before the alteration of the boundaries, have been undertaken under section 19 may continue to be undertaken as if the alteration of the boundaries had not taken place.

      1. Where the boundaries of any district are altered so as to include within that district any area not previously within the boundaries of any other district, no person may use that land unless expressly allowed by a resource consent, until a district plan provides otherwise.

      2. A territorial authority shall, as soon as practicable but within 2 years, make such changes to its district plans as it considers necessary to cover any area that comes within its jurisdiction, and, after the changes are made, this section shall cease to apply.

      Notes
      • Section 81(1)(b): amended, on , by section 95 of the Resource Management Amendment Act 2003 (2003 No 23).
      • Section 81(2): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).