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Resource Management Act 1991

Designations and heritage orders - Designations

177: Land subject to existing designation or heritage order

You could also call this:

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

When a piece of land already has a designation or heritage order, and a new designation is added to the district plan for the same land, there are special rules. These rules are subject to sections 9(2) and 11 to 15 of the Act.

If you’re responsible for the new designation, you can only do things related to it if you get written permission from the authority in charge of the earlier designation or order. However, if you’re the authority responsible for the earlier designation or order, you can do things related to it without getting permission from the new authority. This is true even though section 176(1)(b) might say otherwise.

The authority in charge of the earlier designation or order can say no to giving permission, but only for specific reasons. If it’s an earlier designation, they can refuse if what you want to do would stop or make it hard to do the public work or project related to that designation. If it’s an earlier heritage order, they can refuse if what you want to do would cancel out the effect of the order, either completely or partly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236269.

Topics:
Environment and resources > Land use
Environment and resources > Town planning
Government and voting > Local councils
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178: Interim effect of requirements for designations, or

“Temporary rules to protect planned projects from being blocked while they're being approved”

Part 8 Designations and heritage orders
Designations

177Land subject to existing designation or heritage order

  1. Subject to sections 9(2) and 11 to 15, where a designation is included in a district plan, and the land that is the subject of the designation is already the subject of an earlier designation or heritage order,—

  2. the requiring authority responsible for the later designation may do anything that is in accordance with that designation only if that authority has first obtained the written consent of the authority responsible for the earlier designation or order; and
    1. the authority responsible for the earlier designation or order may, notwithstanding section 176(1)(b) and without obtaining the prior written consent of the later requiring authority, do anything that is in accordance with the earlier designation or order.

      1. The authority responsible for the earlier designation or order may withhold its consent under subsection (1) only if that authority is satisfied—

      2. that, in the case of an earlier designation, the thing to be done would prevent or hinder the public work or project or work to which the designation relates; or
        1. that in the case of an earlier heritage order, the thing to be done would wholly or partly nullify the effect of the order.

          Notes
          • Section 177(1): amended, on , by section 108 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 177(1): amended, on , by section 91(a) of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 177(1): amended, on , by section 91(b) of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 177(1)(a): amended, on , by section 91(c) of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 177(1)(b): amended, on , by section 91(c) of the Resource Management Amendment Act 1993 (1993 No 65).