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Resource Management Act 1991

Designations and heritage orders - Designations

184: Lapsing of designations which have not been given effect to

You could also call this:

“What happens to a plan if you don't use it within a certain time limit.”

If you have a designation in a district plan, it will lapse after 5 years unless you give effect to it before then. You can also keep the designation if the territorial authority decides you have made good progress towards giving effect to it and they set a new time limit. Sometimes, the designation will say how long it should last, and that will be the time limit instead.

If the territorial authority decides to give you more time, or if the designation says how long it should last, it will still lapse if you do not give effect to it before the new time limit is up. The territorial authority can decide to give you more time again if you have made good progress and are still working on it.

If the territorial authority decides not to give you more time, the requiring authority can object to this decision under section 357.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236292.

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Environment and resources > Town planning Housing and property > Land use
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183: Review of designation which has not lapsed, or

"Checking a special plan that is still in use"

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184A: Lapsing of designations of territorial authority in its own district, or

"What happens to a council's plans in its own area if it doesn't use them within 5 years"

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).