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Resource Management Act 1991

Designations and heritage orders - Designations

181: Alteration of designation

You could also call this:

"Changing a designation: how to alter a planned use of land"

If you are in charge of a designation, you can ask to change it at any time. You must tell the territorial authority about the change you want to make. The rules in sections 168 to 179 and 198AA to 198AD will apply to this change.

The territorial authority can make small changes to a designation if it does not affect the environment much. You can make small changes to the boundaries of the designation if the owners of the land agree. The territorial authority and the requiring authority must also agree to the change. If everyone agrees, the rules in sections 168 to 179 and 198AA to 198AD will not apply.

If you are a territorial authority and you want to change your own designation, the same rules will apply to you.

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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.

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Environment and resources > Town planningHousing and property > Land use
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"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

"Stopping a special land use rule, called a designation, that is no longer needed"

Part 8Designations 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).