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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”
You could also call this:

“Designations can expire if not used within five years, but this time can be extended in some cases.”

A designation is a special mark in a district plan. It can lapse, which means it stops being valid, after 5 years. This happens unless one of these things occurs:

You make the designation happen before the 5 years are up.

You ask the local council within the last 3 months of the 5-year period to give you more time. You need to show you’ve made a lot of progress and are still working on it. If the council agrees, they will give you a longer time.

The designation itself said it would last for a different amount of time when it was first put in the plan.

If you got extra time from the council or the designation had a different time limit, the same rules apply at the end of that new time period. You need to either make it happen or ask for more time again.

If the council says no to giving you more time, you can disagree with their decision. You can do this using section 357 of the law.

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Next up: 184A: Lapsing of designations of territorial authority in its own district

or “When a local council sets aside land for a special purpose, they have five years to use it or it expires, unless they take specific actions to keep it longer.”
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Part 8 Designations and heritage orders
Designations

184Lapsing of designations which have not been given effect to

  1. A designation lapses on the expiry of 5 years after the date on which it is included in the district plan unless—

  2. it is given effect to before the end of that period; or
    1. the territorial authority determines, on an application made within 3 months before the expiry of that period, that substantial progress or effort has been made towards giving effect to the designation and is continuing to be made and fixes a longer period for the purposes of this subsection; or
      1. the designation specified a different period when incorporated in the plan.

        1. Where paragraph (b) or paragraph (c) of subsection (1) applies in respect of a designation, the designation shall lapse on the expiry of the period referred to in that paragraph unless—

        2. it is given effect to before the end of that period; or
          1. the territorial authority determines, on an application made within 3 months before the expiry of that period, that substantial progress or effort has been made towards giving effect to the designation and is continuing to be made and fixes a longer period for the purposes of this subsection.

            1. A requiring authority may object, under section 357, to a decision not to fix a longer period for the purposes of subsection (1).

            Notes
            • Section 184(1): amended, on , by section 98 of the Resource Management Amendment Act 1993 (1993 No 65).
            • Section 184(3): inserted, on , by section 90 of the Resource Management Amendment Act 2005 (2005 No 87).