Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Designations and heritage orders - Designations

176: Effect of designation

You could also call this:

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

When a designation is included in a district plan, it affects how you can use the land. If you’re a requiring authority (like a government department or council), you can do public works or projects on the designated land without following section 9(3) of the Resource Management Act.

If you’re not the requiring authority, you need their written permission before doing anything that could stop or slow down their public work or project. This means you can’t use the land, divide it up, or change how it’s used without their okay.

The district plan’s rules only apply to designated land if it’s being used for something other than what it was designated for.

Remember, these rules can be changed by section 177 of the Act, so it’s always good to check that part too.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236261.

Topics:
Environment and resources > Town planning
Environment and resources > Land use
Government and voting > Local councils
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175: Designation to be provided for in district plan, or

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

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176A: Outline plan, or

“A plan that shows how a big project will look and work before it's built”

Part 8 Designations and heritage orders
Designations

176Effect of designation

  1. If a designation is included in a district plan, then—

  2. section 9(3) does not apply to a public work or project or work undertaken by a requiring authority under the designation; and
    1. no person may, without the prior written consent of that requiring authority, do anything in relation to the land that is subject to the designation that would prevent or hinder a public work or project or work to which the designation relates, including—
      1. undertaking any use of the land; and
        1. subdividing the land; and
          1. changing the character, intensity, or scale of the use of the land.

          2. The provisions of a district plan or proposed district plan shall apply in relation to any land that is subject to a designation only to the extent that the land is used for a purpose other than the designated purpose.

          3. This section is subject to section 177.

          Notes
          • Section 176(1): replaced, on , by section 65 of the Resource Management Amendment Act 2003 (2003 No 23).
          • Section 176(1)(a): amended, on , by section 107(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 176(1)(b)(i): amended, on , by section 107(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 176(2): amended, on , by section 37(2) of the Resource Management Amendment Act 1997 (1997 No 104).
          • Section 176(2): amended, on , by section 90(2) of the Resource Management Amendment Act 1993 (1993 No 65).