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

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

You could also call this:

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

In this part of the law, you’ll learn about a special rule that can change when certain rules in a proposed plan start to work. Normally, these rules start working after people have given their thoughts on them and a decision has been made. But sometimes, the local authority might want a rule to start working at a different time.

If the local authority wants to do this, they can ask the Environment Court for permission. They can ask before or after they’ve told everyone about the new plan. The court might say yes and choose a new date for when the rule starts working. This new date can’t be earlier than when people were first told about the plan or when the court makes its decision.

It’s important to know that this only applies to some types of rules in the plan, not all of them. The law explains which types of rules this can apply to.

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 It might be out of date or be missing some parts.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=DLM2414469.

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

86C: When rule has legal effect if decision to delay its effect is rescinded, or

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

Next

86E: Local authorities must identify rules having early or delayed legal effect, or

“Councils must clearly show which rules in a new plan start working at different times than usual.”

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

86DEnvironment Court may order rule to have legal effect from date other than standard date

  1. In this section, rule means a rule—

  2. in a proposed plan; and
    1. that is not a rule of a type described in section 86B(3)(a) to (e).

      1. A local authority may apply before or after the proposed plan is publicly notified under clause 5 of Schedule 1 to the Environment Court for a rule to have legal effect from a date other than the date on which the decision on submissions relating to the rule is made and publicly notified under clause 10(4) of Schedule 1.

      2. If the court grants the application, the order must specify the date from which the rule is to have legal effect, being a date no earlier than the later of—

      3. the date that the proposed plan is publicly notified; and
        1. the date of the court order.

          Notes
          • Section 86D: inserted, on , by section 68 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 86D(1)(a): amended, on , by section 73(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
          • Section 86D(1)(b): amended, on , by section 73(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).