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Resource Management Act 1991

Designations and heritage orders - Designations

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

You could also call this:

“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.”

You should know that Section 184 doesn’t apply when a territorial authority designates land in its own district. Instead, here’s what happens:

The designation will end after 5 years from when it was added to the district plan. But it won’t end if:

  1. The designation is put into action before the 5 years are up.

  2. Within 3 months before the 5 years are up, the territorial authority decides it has made good progress towards putting the designation into action. If this happens, they can set a longer time period.

  3. The designation already had a different time period when it was added to the plan.

If the territorial authority sets a longer time period, the same rules apply at the end of that new period. The designation will end unless:

  1. It is put into action before the new time period is up.

  2. Within 3 months before the new time period ends, the territorial authority again decides it has made good progress and sets another longer time period.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236295.

Topics:
Housing and property > Land use
Environment and resources > Town planning
Government and voting > Local councils
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Part 8 Designations and heritage orders
Designations

184ALapsing of designations of territorial authority in its own district

  1. Section 184 shall not apply to a designation of a territorial authority in its own district.

  2. A designation of a territorial authority in its own district lapses on the expiry of 5 years after the date on which it is included in the district plan unless—

  3. it is given effect to before the end of that period; or
    1. within 3 months before the expiry of that period, the territorial authority resolves that it has made, and is continuing to make, substantial progress or effort towards giving effect to the designation 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 (2) applies in respect of a designation, the designation shall lapse on the expiry of the period referred to in whichever of those paragraphs is applicable, unless—

        2. it is given effect to before the end of that period; or
          1. within 3 months before the expiry of that period, the territorial authority resolves that it has made, and is continuing to make, substantial progress or effort towards giving effect to the designation and fixes a longer period for the purpose of this subsection.

            Notes
            • Section 184A: inserted, on , by section 99 of the Resource Management Amendment Act 1993 (1993 No 65).