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

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. 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, they must choose a date for the rule to start, which must be after the proposed plan is made public and after the court makes its decision. The court's decision is made under clause 10(4) of Schedule 1. The rule cannot start before the proposed plan is made public or before the court makes its decision.

The Environment Court's order must say when the rule starts, and it must be based on certain rules, including section 86B(3)(a) to (e). You should look at these rules to understand how the Environment Court makes its decision. The court's decision is important because it affects when the rule has legal effect.

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 It might be out of date or be missing some parts.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

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 planningGovernment and voting > Local councils
Previous

86C: When rule has legal effect if decision to delay its effect is rescinded, or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

Next

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 (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).