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Resource Management Act 1991

Designations and heritage orders - Designations

178: Interim effect of requirements for designations

You could also call this:

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

When a requiring authority wants a designation, it gives notice to the EPA under section 145 or to a territorial authority under section 168. This can also happen when a territorial authority decides to issue a notice of requirement for a designation under section 168A, or when a requiring authority gives notice of a requirement for a modified designation under clause 4 of Schedule 1. You cannot do anything that would prevent or hinder the public work, project, or work to which the designation relates unless you have the prior written consent of the requiring authority.

The period when you cannot do anything to prevent or hinder the work starts when the requiring authority gives notice or when the territorial authority decides to issue a notice of requirement. This period ends when the requirement is withdrawn, cancelled, or when the designation is included in the district plan. If you do something to prevent or hinder the work without consent, you do not commit an offence unless you knew or should have known about the requirement.

This rule does not stop an authority from doing something that is in accordance with an earlier designation or heritage order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236271.

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Environment and resources > Town planning Housing and property > Land use
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"Rules for using land with a special status or heritage protection"

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Part 8 Designations and heritage orders
Designations

178Interim effect of requirements for designations

  1. This section applies when—

  2. a requiring authority gives notice of a requirement for a designation to the EPA under section 145:
    1. a requiring authority gives notice of a requirement for a designation to a territorial authority under section 168:
      1. a territorial authority decides to issue a notice of requirement for a designation within its own district under section 168A:
        1. a requiring authority gives notice of a requirement for a modified designation under clause 4 of Schedule 1:
          1. a territorial authority decides to include a requirement for a designation in its proposed district plan under clause 4 of Schedule 1.

            1. In the period that starts as described in subsection (3) and ends as described in subsection (4), no person may do anything that would prevent or hinder the public work, project, or work to which the designation relates unless the person has the prior written consent of the requiring authority.

            2. The period starts,—

            3. for the purposes of subsection (1)(a), on the day on which the requiring authority gives notice under section 145:
              1. for the purposes of subsection (1)(b), on the day on which the requiring authority gives notice of the requirement under section 168:
                1. for the purposes of subsection (1)(c), on the day on which the territorial authority decides whether to notify the notice of requirement under section 168A:
                  1. for the purposes of subsection (1)(d), on the day on which the requiring authority gives notice of the requirement for the modified designation under clause 4 of Schedule 1:
                    1. for the purposes of subsection (1)(e), on the day on which the territorial authority decides to include a requirement for a designation in its proposed district plan under clause 4 of Schedule 1.

                      1. The period ends on the earliest of the following days:

                      2. the day on which the requirement is withdrawn:
                        1. the day on which the requirement is cancelled:
                          1. the day on which the designation is included in the district plan.

                            1. A person who contravenes subsection (2) does not commit an offence against this Act unless the person knew, or could reasonably be expected to have known, of the existence of the requirement.

                            2. This section does not prevent an authority responsible for an earlier designation or heritage order from doing anything that is in accordance with the earlier designation or order.

                            Notes
                            • Section 178: replaced, on , by section 109 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).