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Resource Management Act 1991

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

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

You could also call this:

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

When a local authority is making a plan, you need to know they must clearly identify any rules that will come into effect on a different date than when the plan is made public. This identification must happen when the plan is first notified under clause 5 or given limited notification under clause 5A. If a rule is part of an application under section 86D, the identification must happen as soon as the date is determined.

The identification of a rule does not form part of the proposed plan and can be removed by the local authority once the plan becomes operative in accordance with clause 20 of Schedule 1. You should be aware that this removal can happen without any further authority than this rule. The local authority has the power to remove the identification once the plan is operative.

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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=DLM2414471.

Topics:
Environment and resources > Town planningGovernment and voting > Local councils
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"The Environment Court can choose a different start date for a new rule, instead of the usual date."

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86F: When rules in proposed plans must be treated as operative, or

"When do new plan rules start being treated as if they are already in effect?"

Part 5Standards, 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).