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Resource Management Act 1991

Designations and heritage orders - Designations

175: Designation to be provided for in district plan

You could also call this:

“Council must add special rules to its plan after a big decision is made.”

If a requiring authority makes a decision under section 172 and no one appeals, or an appeal is withdrawn or dismissed, or the Environment Court confirms or modifies the requirement, then you need to know what happens next. The territorial authority must include the designation in its district plan as soon as possible. You will see the designation in the district plan and any proposed district plan, and it will be treated like a rule that follows the requirement. The territorial authority must also state the name of the requiring authority that benefits from the designation in its district plan and any proposed district plan.

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

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Environment and resources > Town planning Housing and property > Land use
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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 an appeal is lodged against the requiring authority's decision under section 174 but is withdrawn or dismissed; or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).