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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:

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

If you are a territorial authority, Section 184 does not apply to your designations in your own district. You can have a designation in your district plan, but it will lapse after 5 years unless you give effect to it before then. You can also stop it lapsing if you resolve to keep working on it and set a new time frame.

If you resolve to keep working on the designation or it has a different time frame, it will lapse at the end of that new period unless you give effect to it. You can stop it lapsing again by resolving to keep working on it and setting another new time frame. This can happen if you are making progress on the designation and you want more time to complete it.

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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.

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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).