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Resource Management Act 1991

Standards, policy statements, and plans - Legal effect of rules - Legal effect of rules

86B: When rules in proposed plans have legal effect

You could also call this:

"When do new planning rules become law?"

Illustration for Resource Management Act 1991

A rule in a proposed plan has legal effect when a decision on submissions is made and publicly notified under clause 10(4), 102(1), or 106(1) of Schedule 1. You need to know that this happens after people have given their feedback. There are some exceptions to this rule.

If a rule protects water, air, or soil, it has immediate legal effect. This also applies to rules that protect areas with significant indigenous vegetation or habitats of indigenous fauna. Rules that protect historic heritage or relate to aquaculture activities also have immediate legal effect.

The Environment Court can order a rule to have legal effect from a different date. A local authority can also decide that a rule has legal effect only when the proposed plan becomes operative. You can find more information about this in clause 20 of Schedule 1 and section 86D.

A decision is rescinded if a local authority publicly notifies that the decision is rescinded and includes a statement of the decision. Immediate legal effect means a rule has legal effect from the date it is publicly notified under clause 5 of Schedule 1.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2414465.

Topics:
Environment and resources > Conservation
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Part 5Standards, policy statements, and plans
Legal effect of rules: Legal effect of rules

86BWhen rules in proposed plans have legal effect

  1. A rule in a proposed plan has legal effect only once a decision on submissions relating to the rule is made and publicly notified under clause 10(4), 102(1), or 106(1) of Schedule 1, as applicable, except if—

  2. subsection (3) or section 86BA applies; or
    1. the Environment Court, in accordance with section 86D, orders the rule to have legal effect from a different date (being the date specified in the court order); or
      1. the local authority concerned resolves that the rule has legal effect only once the proposed plan becomes operative in accordance with clause 20 of Schedule 1.

        1. However, subsection (1)(c) applies only if—

        2. the local authority makes the decision before notifying the proposed plan under clause 5 of Schedule 1; and
          1. the notification includes the decision; and
            1. the decision is not subsequently rescinded (in which case the rule has legal effect from a date determined in accordance with section 86C).

              1. A rule in a proposed plan has immediate legal effect if the rule—

              2. protects or relates to water, air, or soil (for soil conservation); or
                1. protects areas of significant indigenous vegetation; or
                  1. protects areas of significant habitats of indigenous fauna; or
                    1. protects historic heritage; or
                      1. provides for or relates to aquaculture activities; or
                        1. relates to natural hazards.

                          1. For the purposes of subsection (2)(c), a decision is rescinded if—

                          2. the local authority publicly notifies that the decision is rescinded; and
                            1. the public notice includes a statement of the decision to which it relates and the date on which the recision was made.

                              1. However, a rule described in subsection (3)(a), (b), or (c) does not have immediate legal effect if, and to the extent that, it is a rule that controls fishing in a coastal marine area.

                              2. For the purposes of subsection (3) and section 86BA, immediate legal effect means legal effect on and from the date on which the proposed plan containing the rule is publicly notified under clause 5 of Schedule 1.

                              3. Repealed
                              Notes
                              • Section 86B: inserted, on , by section 68 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                              • Section 86B heading: amended, on , by section 72(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                              • Section 86B(1): amended, on , by section 11(1) of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).
                              • Section 86B(1)(a): amended, on , by section 11(2) of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).
                              • Section 86B(2)(a): amended, on , by section 72(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                              • Section 86B(2)(b): amended, on , by section 72(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                              • Section 86B(3)(e): replaced, on , by section 18(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                              • Section 86B(3)(f): inserted, on , by section 28(1) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
                              • Section 86B(4A): inserted, on , by section 28(2) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
                              • Section 86B(5): amended, on , by section 11(3) of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).
                              • Section 86B(6): repealed, on , by section 18(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).