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Resource Management Act 1991

Standards, policy statements, and plans - Miscellaneous matters

83: Procedural requirements deemed to be observed

You could also call this:

“Rules for making plans are considered followed unless someone proves otherwise in court”

When a local authority says a policy statement or plan is working, you should think of it as if it was made following all the right steps in Schedule 1. You can’t question how it was made unless you ask for a special order called an enforcement order under section 316(3). This rule helps make sure that once a plan is in use, people can rely on it without worrying about how it was created.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233829.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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82A: Dispute relating to review under section 79A, or

“What to do when people disagree about changes to important rules”

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84: Local authorities to observe their own policy statements and plans, or

“Local councils must follow and make sure others follow their own rules and plans”

Part 5 Standards, policy statements, and plans
Miscellaneous matters

83Procedural requirements deemed to be observed

  1. A policy statement or plan that is held out by a local authority as being operative shall be deemed to have been prepared and approved in accordance with Schedule 1 and shall not be challenged except by an application for an enforcement order under section 316(3).