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Resource Management Act 1991

Designations and heritage orders - Designations

181: Alteration of designation

You could also call this:

“Changing the rules about how land can be used for special purposes”

You can change a designation if you’re the authority responsible for it. To do this, you need to tell the local council about the changes you want to make.

When you want to change a designation, you usually have to follow the same rules as when you’re making a new one. These rules are explained in sections 168 to 179 and 198AA to 198AD of the law.

Sometimes, the local council can make small changes to a designation without following all these rules. They can do this if:

  1. The change doesn’t affect the environment much, or it’s just a small change to the boundaries.
  2. They’ve told all the property owners affected by the change, and these owners agree.
  3. Both the council and the authority responsible for the designation agree.

If you’re a local council and you want to change your own designation, you can follow these same rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236282.

Topics:
Environment and resources > Town planning
Environment and resources > Land use
Government and voting > Local councils
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180A: When financial responsibility is transferred to responsible SPV, or

“When a special company takes over building important things for the city, they get to make some decisions about the construction”

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182: Removal of designation, or

“How an authority can cancel or change their special land use plans”

Part 8 Designations and heritage orders
Designations

181Alteration of designation

  1. A requiring authority that is responsible for a designation may at any time give notice to the territorial authority of its requirement to alter the designation.

  2. Subject to subsection (3), sections 168 to 179 and 198AA to 198AD shall, with all necessary modifications, apply to a requirement referred to in subsection (1) as if it were a requirement for a new designation.

  3. A territorial authority may at any time alter a designation in its district plan or a requirement in its proposed district plan if—

  4. the alteration—
    1. involves no more than a minor change to the effects on the environment associated with the use or proposed use of land or any water concerned; or
      1. involves only minor changes or adjustments to the boundaries of the designation or requirement; and
      2. written notice of the proposed alteration has been given to every owner or occupier of the land directly affected and those owners or occupiers agree with the alteration; and
        1. both the territorial authority and the requiring authority agree with the alteration—
            1. and sections 168 to 179 and 198AA to 198AD shall not apply to any such alteration.

          1. This section shall apply, with all necessary modifications, to a requirement by a territorial authority to alter its own designation or requirement within its own district.

          Notes
          • Section 181(2): amended, on , by section 112 of the Resource Management Amendment Act 2013 (2013 No 63).
          • Section 181(3): amended, on , by section 112 of the Resource Management Amendment Act 2013 (2013 No 63).
          • Section 181(3): amended, on , by section 66(1) of the Resource Management Amendment Act 2003 (2003 No 23).
          • Section 181(3): amended, on , by section 66(3) of the Resource Management Amendment Act 2003 (2003 No 23).
          • Section 181(3)(a)(ii): amended, on , by section 66(2) of the Resource Management Amendment Act 2003 (2003 No 23).
          • Section 181(4): inserted, on , by section 95 of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 181(4): amended, on , by section 66(4) of the Resource Management Amendment Act 2003 (2003 No 23).