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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 using land with a special status or heritage protection”

If you want to do something on land that already has a special designation or heritage order, you need to follow some rules. You can only do things that are in line with the new designation if you get written consent from the authority in charge of the earlier designation or order. The authority in charge of the earlier designation or order can do things that are in line with that designation or order without getting consent from you.

The authority can say no to your request if they think what you want to do will stop or hinder the public work or project related to the earlier designation. They can also say no if what you want to do will cancel out the effect of an earlier heritage order. You should look at sections 9(2) and sections 11 to 15 for more information. The authority in charge of the earlier designation or order has some flexibility, as stated in section 176(1)(b), to make decisions without your consent.

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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 > Town planning Environment and resources > Conservation Housing and property > Land use
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176A: Outline plan, or

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

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178: Interim effect of requirements for designations, or

"What happens while we wait for a decision on a big project or public work"

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).