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Resource Management Act 1991

Standards, policy statements, and plans - Miscellaneous matters

81: Boundary adjustments

You could also call this:

“What happens to the rules when a town or city's boundaries change”

When the boundaries of a region or district change, and an area comes under a different local authority, the old plan for that area still applies. You can still do things in that area that you were allowed to do before the boundary change, as if the change had not happened, such as activities allowed under section 19. The old plan is now part of the new local authority’s plan for that area.

If a district’s boundaries change to include a new area that was not part of any district before, you cannot use the land unless you have a resource consent, until a new district plan says you can.

A territorial authority must update its district plans within two years to include any new areas that are now under its control. Once the plans are updated, the rules in this section no longer apply to that area.

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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.

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Environment and resources > Town planning 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).