Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
176: Effect of designation
or “A designation in a district plan limits what you can do on the land it covers.”
You could also call this:

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

When you want to build something on land that has been set aside for a special purpose, you need to show your plans to the local council first. This is called an outline plan. You do this so the council can ask for changes before you start building.

You don’t always need to give an outline plan. You can skip this step if your project has already been approved, if the details are already included in the designation (which is like a special permission), or if the council says you don’t need to.

Your outline plan needs to show what your project will look like. This includes how tall and big it will be, where it will sit on the land, what the land will look like when you’re done, how cars will get in and out, where people will park, what plants you’ll put in, and anything else that might affect the area around it.

After you give the council your outline plan, they have 20 working days to ask you to make changes. If you don’t want to make the changes they ask for, you need to tell them. Then, the council has 15 working days to take the matter to the Environment Court if they still want the changes.

The Environment Court will look at whether the changes the council wants will help achieve the goals of the Resource Management Act.

These rules also apply when the council itself wants to build something on land that’s been set aside for a special purpose.

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 It might be out of date or be missing some parts.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

Next up: 177: Land subject to existing designation or heritage order

or “Rules for when a piece of land already has a special purpose and someone wants to use it for something else”
Next

Part 8 Designations 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 may request the requiring authority to make changes to the outline plan.

                    2. 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.

                    3. In determining any such appeal, the Environment Court must consider whether the changes requested by the territorial authority will give effect to the purpose of this Act.

                    4. 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).