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Resource Management Act 1991

Designations and heritage orders - Designations

182: Removal of designation

You could also call this:

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

If you want to remove a designation or part of one, you need to tell the right people. You must let the local council know, as well as anyone who owns or lives on the land affected by the designation. You should also tell anyone else you think might be affected by this change.

When the local council gets your notice, they need to change their district plan quickly. They don’t have to use the normal process for this change.

The council can also remove its own designations in the same way.

If the council thinks removing part of a designation will have a big effect on what’s left, they can say no to your request. They have 20 working days to do this after they get your notice.

If the council says no to removing part of a designation, you can object to their decision.

Remember, these rules are part of the Resource Management Act 1991, which helps manage how we use our environment in New Zealand.

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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 planning
Environment and resources > Land use
Government and voting > Local councils
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181: Alteration of designation, or

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

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183: Review of designation which has not lapsed, or

“Looking at designations that are still active and deciding if they need changes”

Part 8 Designations and heritage orders
Designations

182Removal of designation

  1. If a requiring authority no longer wants a designation or part of a designation, it shall give notice in the prescribed form to—

  2. the territorial authority concerned; and
    1. every person who is known by the requiring authority to be the owner or occupier of any land to which the designation relates; and
      1. every other person who, in the opinion of the requiring authority, is likely to be affected by the designation.

        1. 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.

        2. The provisions of Schedule 1 shall not apply to any removal of a designation or part of a designation under this section.

        3. 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.

        4. 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.

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