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Resource Management Act 1991

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

86C: When rule has legal effect if decision to delay its effect is rescinded

You could also call this:

“A rule that was delayed starts working again when the delay is cancelled and people are told about it.”

You need to know about a rule that a local authority can decide to delay. If they change their mind and decide not to delay it anymore, this is called rescinding the decision. When this happens, the rule will start to have legal effect. This means it will start working as a law.

The rule will start to have legal effect from whichever of these two things happens last:

  1. The day after the local authority tells everyone publicly that they’ve changed their mind about delaying the rule.

  2. The day when the local authority makes and publicly shares their decision about any submissions people made about the rule.

This is all part of how rules are made and put into effect in your local area. It’s a way to make sure everyone knows when a rule starts to apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2414468.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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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.”

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86D: Environment Court may order rule to have legal effect from date other than standard date, or

“The court can decide when a new rule starts to work, which might be earlier than usual.”

Part 5 Standards, policy statements, and plans
Legal effect of rules: Legal effect of rules

86CWhen rule has legal effect if decision to delay its effect is rescinded

  1. This section applies to a rule to which section 86B(1)(c) applies that is rescinded (within the meaning of subsection (4) of that section).

  2. The rule has legal effect from the later of—

  3. the day after the date on which the local authority concerned publicly notifies that the decision in relation to the rule is rescinded:
    1. the day that a decision on submissions relating to the rule is made and publicly notified under clause 10(4) of Schedule 1.

      Notes
      • Section 86C: inserted, on , by section 68 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).