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 designation if you don't use it within 10 years"

Illustration for Resource Management Act 1991

If you have a designation, it will lapse after 10 years unless you give effect to it before then. You can give effect to it by doing what the designation says you should do. If you have not given effect to it, the territorial authority can decide to give you more time if you can show you are making progress.

The territorial authority can decide to give you more time if you apply within three months of the 10-year period ending. They will look at whether you have made substantial progress or effort towards giving effect to the designation. If the designation specified a different period when it was incorporated in the plan, that period will apply instead.

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

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This page was last updated on 10 September 2025

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

Topics:

Environment and resources > Town planningHousing and property > Land use

183: Review of designation which has not lapsed, or

"Checking a special plan that is still in use"

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

"What happens to a council's plans if it doesn't use them within 10 years"

Part 8Designations and heritage orders
Designations

184Lapsing of designations which have not been given effect to

A designation lapses on the expiry of 10 years after the date on which it is included in the district plan unless—
it is given effect to before the end of that period; or
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
the designation specified a different period when incorporated in the plan.

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—
it is given effect to before the end of that period; or
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.

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 21 August 2025, by section 58 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
Section 184(1): amended, on 7 July 1993, by section 98 of the Resource Management Amendment Act 1993 (1993 No 65).
Section 184(3): inserted, on 10 August 2005, by section 90 of the Resource Management Amendment Act 2005 (2005 No 87).