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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.”

You could also call this:

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

When a local authority proposes a new plan, they need to clearly point out any rules that will start or stop working at a different time than usual. They must do this when they first tell everyone about the new plan, or as soon as they can if it’s a special case.

The local authority’s identification of these rules isn’t actually part of the plan itself. Once the plan is officially working, the local authority can remove this identification without needing any extra permission.

This identification process is important because it helps you know which rules might affect you sooner or later than you might expect. It’s a way for the local authority to keep you informed about changes that might be coming.

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Next up: 86F: When rules in proposed plans must be treated as operative

or “Rules in new plans become official when no one objects or all objections are resolved”

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

86ELocal authorities must identify rules having early or delayed legal effect

  1. A local authority must clearly identify any rule in a proposed plan that has 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. at the time the proposed plan is notified under clause 5, or given limited notification under clause 5A of the schedule; or
    1. as soon as practicable after the date is determined, if the rule concerned is the subject of an application under section 86D and the application is not determined before the proposed plan is notified.
      1. Repealed
      2. The identification of a rule in a proposed plan under subsection (1)

      3. does not form part of the proposed plan; and
        1. may be removed, without any further authority than this subsection, by the local authority once the plan becomes operative in accordance with clause 20 of Schedule 1.
          Notes
          • Section 86E: inserted, on , by section 68 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 86E(1)(a): amended, on , by section 74(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
          • Section 86E(2): repealed, on , by section 74(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
          • Section 86E(3): amended, on , by section 74(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).
          • Section 86E(3): amended, on , by section 74(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).
          • Section 86E(3)(a): amended, on , by section 74(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).
          • Section 86E(3)(b): amended, on , by section 74(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).