Resource Management Act 1991

Designations and heritage orders - Designations

176: Effect of designation

You could also call this:

"What happens when land is set aside for a special public project or work"

If a designation is included in a district plan, then section 9(3) does not apply to a public work or project. You need the prior written consent of the requiring authority to do anything on the land that would prevent or hinder a public work or project. This includes using the land, subdividing it, or changing how the land is used. When a designation is in place, the rules in a district plan only apply to the land if it is used for something other than the designated purpose. This rule is subject to section 177.

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175: Designation to be provided for in district plan, or

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


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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 8Designations 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).