Resource Management Act 1991

Designations and heritage orders - Designations

176A: Outline plan

You could also call this:

"Plan for a public work on special land"

Illustration for Resource Management Act 1991

When a public work is going to be built on designated land, you need to know that the group in charge must send an outline plan to the local council. The outline plan shows what the work will look like and where it will be on the site. It also shows things like how people will get in and out, where they will park, and what the landscaping will be like. If the local council gets the outline plan, they can ask for changes to be made within 20 working days. They cannot ask for changes that go against the design solution the work relies on. If the group in charge does not make the changes, the local council can appeal to the Environment Court. The Environment Court will look at whether the changes asked for will help achieve the purpose of the Resource Management Act. They will also consider whether the changes fit with the design solution the work relies on. This process also applies when a local council is building something on designated land. You can find more information about the Resource Management Act on the New Zealand legislation website. The Act has been amended several times, including by the Resource Management Amendment Act 1997 and the Local Government (Water Services) (Repeals and Amendments) Act 2025. These amendments have changed some of the rules about outline plans and appeals to the Environment Court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236267.


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Part 8Designations and heritage orders
Designations

176AOutline plan

  1. Subject to subsection (2), an outline plan of the public work, project, or work to be constructed on designated land must be submitted by the requiring authority to the territorial authority to allow the territorial authority to request changes before construction is commenced.

  2. An outline plan need not be submitted to the territorial authority if—

  3. the proposed public work, project, or work has been otherwise approved under this Act; or
    1. the details of the proposed public work, project, or work, as referred to in subsection (3), are incorporated into the designation; or
      1. the territorial authority waives the requirement for an outline plan.
        1. An outline plan must show—

        2. the height, shape, and bulk of the public work, project, or work; and
          1. the location on the site of the public work, project, or work; and
            1. the likely finished contour of the site; and
              1. the vehicular access, circulation, and the provision for parking; and
                1. the landscaping proposed; and
                  1. any other matters to avoid, remedy, or mitigate any adverse effects on the environment.
                    1. Within 20 working days after receiving the outline plan, the territorial authority—

                    2. may request the requiring authority to make changes to the outline plan; but
                      1. must not request a change that is inconsistent with an infrastructure design solution that the public work, project, or work relies on.
                        1. If the requiring authority decides not to make the changes requested under subsection (4), the territorial authority may, within 15 working days after being notified of the requiring authority's decision, appeal against the decision to the Environment Court.

                        2. In determining any such appeal, the Environment Court must consider whether the changes requested by the territorial authority—

                        3. will give effect to the purpose of this Act; and
                          1. will give effect to any infrastructure design solution that the public work, project, or work relies on.
                            1. This section applies, with all necessary modifications, to public works, projects, or works to be constructed on designated land by a territorial authority.

                            Notes
                            • Section 176A: inserted, on , by section 38 of the Resource Management Amendment Act 1997 (1997 No 104).
                            • Section 176A(4): replaced, on , by section 97(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                            • Section 176A(6): replaced, on , by section 97(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).