Resource Management Act 1991

Designations and heritage orders - Designations

182: Removal of designation

You could also call this:

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

If you are a requiring authority and you no longer want a designation or part of a designation, you must give notice to the territorial authority concerned. You must also give notice to every person who is known to be the owner or occupier of any land to which the designation relates, and to every other person who is likely to be affected by the designation. You give this notice in a prescribed form to these people.

When the territorial authority gets this notice, it must amend its district plan as soon as reasonably practicable, without using the process in Schedule 1. The rules in Schedule 1 do not apply when a designation or part of a designation is removed under this section. This section also applies when a territorial authority wants to withdraw its own designation or part of a designation within its own district.

If a territorial authority thinks the effect of removing part of a designation is more than minor, it can decline to remove that part within 20 working days of getting the notice. You, as a requiring authority, can object to this decision under section 357 if you do not agree with it.

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This page was last updated on 19 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236288.

Topics:

Environment and resources > Town planningHousing and property > Land use

181: Alteration of designation, or

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

183: Review of designation which has not lapsed, or

"Checking a special plan that is still in use"

Part 8Designations and heritage orders
Designations

182Removal of designation

If a requiring authority no longer wants a designation or part of a designation, it shall give notice in the prescribed form to—
the territorial authority concerned; and
every person who is known by the requiring authority to be the owner or occupier of any land to which the designation relates; and
every other person who, in the opinion of the requiring authority, is likely to be affected by the designation.

As soon as reasonably practicable after receiving a notice under subsection (1), the territorial authority shall, without using the process in Schedule 1, amend its district plan accordingly.
The provisions of Schedule 1 shall not apply to any removal of a designation or part of a designation under this section.
This section shall apply, with all necessary modifications, to a notice by a territorial authority to withdraw its own designation or part of a designation within its own district.
Notwithstanding subsections (2) to (4), where a territorial authority considers the effect of the removal of part of a designation on the remaining designation is more than minor, it may, within 20 working days of receipt of the notice under subsection (1), decline to remove that part of the designation.
A requiring authority may object, under section 357, to any decision to decline removal of part of a designation under subsection (5).

Notes

Section 182: replaced, on 7 July 1993, by section 96 of the Resource Management Amendment Act 1993 (1993 No 65).
Section 182(2): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).