Plain language law

New Zealand law explained for everyone

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:

“Rules in new plans become law after decisions on feedback are shared, with some exceptions for protecting important things like water or nature.”

When a rule is made in a proposed plan, it doesn’t usually have legal effect right away. It only becomes legally effective after a decision about the rule is made and publicly announced. But there are some exceptions to this:

The rule can have immediate legal effect if it’s about protecting water, air, soil, important native plants, important habitats for native animals, historic heritage, or aquaculture activities.

The Environment Court can decide that the rule should have legal effect from a different date.

The local authority (like your local council) can decide that the rule will only have legal effect when the whole proposed plan becomes official. But they have to make this decision before they tell everyone about the proposed plan, and they have to include this decision when they announce the plan.

If the local authority changes their mind about when the rule will have legal effect, they have to publicly announce this change.

When a rule has “immediate legal effect”, it means the rule starts working as soon as the proposed plan is publicly announced.

Remember, these are just the basic ideas. If you need to know more about how these rules work in real life, you should ask a grown-up or an expert for help.

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 It might be out of date or be missing some parts.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

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
Environment and resources > Town planning
Government and voting > Local councils
Previous

86A: Purpose of sections 86B to 86G, or

“These rules explain when new rules in a plan start to work, even before the whole plan is finished.”

Next

86BA: Immediate legal effect of rules in IPI prepared using ISPP, or

“New housing rules in certain areas start working right away, allowing more homes to be built quickly.”

Part 5 Standards, 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.

                        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. 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.

                            2. 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(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).