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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 Environment Court can choose a special start date for a new rule, instead of using the usual date."

Illustration for Resource Management Act 1991

The Environment Court can make a rule have legal effect from a date that is not the standard date. You can think of a rule as a decision made in a proposed plan that is not a certain type of rule, like the ones described in section 86B(3)(a) to (f). A local authority can ask the Environment Court to make this happen before or after the proposed plan is made public under clause 5 of Schedule 1.

If the court says yes, it must specify the date when the rule starts to have legal effect. This date must be the later of the date the proposed plan is made public or the date of the court's order. The court's order is like a decision that says when the rule will start to apply.

The local authority can ask the court to do this so that the rule has legal effect from a specific date. You can find more information about how this works in the Resource Management Act 1991.

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This page was last updated on

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 planningHousing and property > Local councils
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86C: When rule has legal effect if decision to delay its effect is rescinded, or

"When a delayed rule starts to be enforced after the delay is cancelled"

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

"Councils must say when new rules start or delay taking effect"

Part 5Standards, 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 (f).

      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 29 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
          • Section 86D(1)(b): amended, on , by section 73(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).