Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
373: Existing district and maritime schemes to become district plans
or “Old town plans become new district plans when the law changes”
You could also call this:

“Old planning rules are now treated as new district rules for different kinds of activities.”

In this part of the law, you’ll learn about how old district rules become new district rules. When an old district scheme becomes a district plan, its rules change too.

If the old scheme had controls for certain activities, these become rules for controlled activities in the new plan. If you needed approval for some uses before, those are now discretionary activities. The same goes for when you used to ask for exceptions to the rules.

Sometimes, the old scheme let you do things without telling anyone. That’s still okay in the new plan.

In the new plan, if something was allowed before but needed permission, it’s now a discretionary activity. If something was not allowed at all before, it’s now a non-complying activity.

For anything not mentioned in the plan that used to need approval or was controlled by other laws, it’s now a non-complying activity.

These changes also apply to any plans that were being proposed or changed when this new law started.

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 It might be out of date or be missing some parts.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

Next up: 375: Transitional provisions for public utilities

or “Rules about what utilities can be built without special permission and what needs approval”
Next

Part 15 Transitional provisions
Transitional district plans

374Provisions deemed to be district rules

  1. A provision of a district scheme or combined scheme that is deemed by section 373 to be a provision of a district plan shall be deemed to be—

  2. a district rule in respect of a controlled activity where, under the district scheme or combined scheme, the provision provided for specified controls and powers in respect of any controlled use within the meaning of the Town and Country Planning Act 1977; or
    1. a district rule in respect of a discretionary activity where the provision of the district scheme or combined scheme required an application for approval as a conditional use within the meaning of the Town and Country Planning Act 1977; or
      1. a district rule in respect of a discretionary activity where the provision of the district scheme or combined scheme required an application for dispensation from any provisions of the scheme in accordance with section 76 of the Town and Country Planning Act 1977—
          1. and the provisions of this Act shall apply accordingly.

        1. Where a former district scheme or combined scheme provided, in accordance with section 36(7) of the Town and Country Planning Act 1977, that any application or class of application could be made without notice, that provision shall continue to apply.

        2. Except as otherwise provided in subsection (1), a provision that is deemed by section 373 to be a provision of a district plan and that, expressly or by implication and whether or not subject to conditions,—

        3. authorised anything without further consent or approval from the former consent authority being required, is deemed to be a district rule in respect of a permitted activity; or
          1. authorised anything if the consent or approval of the former consent authority was obtained, is deemed to be a district rule in respect of a discretionary activity; or
            1. prohibited anything, or provided that it was an offence to do or not to do anything, is deemed to be a district rule having the effect of making an activity to which the act or omission relates a non-complying activity,—
                1. and the provisions of this Act shall apply accordingly.

              1. Where a plan or proposed plan or change is deemed to be constituted under section 373, the plan shall be deemed to include a rule to the effect that every activity which—

              2. is not specifically referred to in the plan; and
                1. immediately before the commencement of this Act, was subject to—which, because of the coming into force of this Act, can no longer be exercised or enforced—
                  1. controls, restrictions, or prohibitions and required the consent or approval of any person or body under any enactment or regulation referred to in Schedules 6 or 7 or 8; or
                    1. any order, bylaw, or scheme or any other exercise of delegated authority (however described) and made or exercisable under any such enactment or regulation—
                      2. is a non-complying activity.

                    2. Subsections (1) to (4) shall apply, with all necessary modifications, in respect of a provision of any proposed district scheme or combined scheme or maritime planning scheme, or any change, review, or variation, under the Town and Country Planning Act 1977 that has been publicly notified before the date of commencement of this Act, and to any variation, publicly notified under section 378(1).

                    Notes
                    • Section 374(1)(c): replaced, on , by section 170(1) of the Resource Management Amendment Act 1993 (1993 No 65).
                    • Section 374(4): replaced, on , by section 170(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                    • Section 374(5): inserted, on , by section 170(2) of the Resource Management Amendment Act 1993 (1993 No 65).