Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Designations and heritage orders - Designations

175: Designation to be provided for in district plan

You could also call this:

“The city council must put approved special land use plans in their rule book”

If a requiring authority makes a decision about a designation, you need to know what happens next. The decision becomes final if nobody appeals it, if someone appeals but then withdraws or loses the appeal, or if the Environment Court confirms or changes the requirement after an appeal. The decision can also become final if a board of inquiry or the Environment Court confirms it, with or without changes.

Once the decision is final, the territorial authority (like your local council) has to act quickly. They must add the designation to their district plan and any proposed district plan. They do this without going through the usual process for changing plans. The designation gets added as if it were a rule in the plan.

When they add the designation to the plans, the territorial authority also has to write down the name of the requiring authority that benefits from the designation. This helps everyone know who is responsible for the designation.

This process makes sure that important decisions about designations are quickly reflected in the plans that guide how land is used in your area.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236254.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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174: Appeals, or

“You can ask a special court to check if a decision about land use is fair.”

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176: Effect of designation, or

“A designation in a district plan limits what you can do on the land it covers.”

Part 8 Designations and heritage orders
Designations

175Designation to be provided for in district plan

  1. Subsection (2) applies to a territorial authority if—

  2. a requiring authority makes a decision under section 172 and one of the following applies:
    1. no appeal is lodged against the requiring authority's decision within the time permitted by section 174(2)(c); or
      1. an appeal is lodged against the requiring authority's decision under section 174 but is withdrawn or dismissed; or
        1. an appeal is lodged against the requiring authority's decision and the Environment Court confirms or modifies the requirement; or
        2. a board of inquiry decides to confirm a requirement with or without modifications under section 149R; or
          1. the Environment Court decides to confirm a requirement with or without modifications under section 149U, 198E, or 198K.

            1. The territorial authority must, as soon as practicable and without using Schedule 1,—

            2. include the designation in its district plan and any proposed district plan as if it were a rule in accordance with the requirement as issued or modified in accordance with this Act; and
              1. state in its district plan and in any proposed district plan the name of the requiring authority that has the benefit of the designation.

                Notes
                • Section 175: replaced, on , by section 106 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).