Plain language law

New Zealand law explained for everyone

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 if it doesn't use them within 10 years"

Illustration for Resource Management Act 1991

If a territorial authority has a designation in its own district, section 184 does not apply to it. You need to know that this designation will lapse after 10 years unless something is done with it before then. The territorial authority can stop this from happening by using the designation before the 10 years are up.

If the territorial authority is making good progress on the designation, it can decide to give itself more time to use it. It can do this by resolving to keep working on the designation and setting a new deadline. The designation can also specify a different time period when it is included in the district plan.

If the territorial authority decides to give itself more time or the designation specifies a different period, it will lapse at the end of that new period. This will happen unless the territorial authority uses the designation before then or decides to give itself even more time. It can do this by resolving to keep working on the designation and setting another new deadline.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

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

Topics:
Environment and resources > Town planningHousing and property > Land useGovernment and voting > Local councils
Previous

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

"What happens to a designation if you don't use it within 10 years"

Next

185: Environment Court may order taking of land, or

"The Environment Court can help you sell your land to the government if it's needed for a project."

Part 8Designations 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 10 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).
            • Section 184A(2): amended, on , by section 59 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).