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Resource Management Act 1991

Transitional provisions - Provisions relating to all plans

377: Obligation to review transitional plans

You could also call this:

“Local councils must check and update their old plans by certain deadlines”

You need to know about reviewing transitional plans. A transitional plan is a special kind of plan that was made under old rules but is still being used.

If you’re part of a local authority, you have to review these transitional plans. When you do this review, you need to follow the rules in section 79.

If your plan includes parts from old district schemes, combined schemes, or maritime planning schemes, you need to review it by a certain date. This date is when the old scheme would have been due for review if the new law hadn’t been made.

If your plan includes parts from more than one old scheme, you need to review it by the latest date that any of those old schemes would have been due for review.

If your plan includes parts that were considered finished and working under section 378, you need to review it five years after those parts started working.

Remember, these rules about when to review the plan are more important than the general rule about reviewing plans every ten years.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239841.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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Part 15 Transitional provisions
Provisions relating to all plans

377Obligation to review transitional plans

  1. A local authority shall review a plan constituted under this Part and, subject to subsection (2), section 79 shall apply to such review.

  2. Where the plan includes any provisions of—

  3. a district scheme or combined scheme or a maritime planning scheme, section 79 shall apply to a review of that plan under subsection (1) as if the reference in section 79(1) and (2) to the tenth year after the plan became operative were a reference to the date upon which that scheme would have been due for review under section 59 or section 109(3) of the Town and Country Planning Act 1977 if this Act had not been enacted:
    1. 2 or more district schemes or combined schemes or maritime planning schemes, section 79 shall apply to a review of that plan under subsection (1) as if the reference in section 79(1) and (2) to the tenth year after the plan became operative were a reference to the latest date upon which any of those schemes would have been due for review under section 59 or section 109(3) of the Town and Country Planning Act 1977.

      1. Where the plan includes any provisions of a district scheme, combined scheme, maritime planning scheme, or instrument that is deemed to have been completed and made operative under section 378, section 79 shall apply to a review of that plan under subsection (1) as if the reference in section 79(1) and (2) to the tenth year after the plan became operative were a reference to the fifth year after the provisions of the plan made operative under section 378 became operative.

      2. Subsections (1) and (2) are subject to subsection (3).