Resource Management Act 1991

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

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

You could also call this:

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

When a new plan is proposed, you need to know when its rules start being treated as if they are already in effect. This happens when the time for people to make submissions or lodge appeals on the rules has expired. You also need to check if anyone has made submissions against the rules or lodged appeals.

If no one has made submissions against the rules or lodged appeals, the rules are treated as if they are already in effect. The same thing happens if all submissions against the rules and appeals have been dealt with, or if all submissions and appeals have been withdrawn or dismissed. However, there is an exception for proposed plans that were only notified to a limited number of people.

In those cases, the rules are not treated as if they are already in effect until decisions have been made on all submissions, as stated in clause 10(4) of Schedule 1. You should look at this clause to understand when the rules start being treated as if they are already in effect. This is an important part of how the rules in proposed plans work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2414472.


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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"


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86G: Rule that has not taken legal effect or become operative excluded from references to rule in this Act and regulations made under this Act, or

"Ignore rules in plans that are not yet official"

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

86FWhen rules in proposed plans must be treated as operative

  1. A rule in a proposed plan must be treated as operative (and any previous rule as inoperative) if the time for making submissions or lodging appeals on the rule has expired and, in relation to the rule,—

  2. no submissions in opposition have been made or appeals have been lodged; or
    1. all submissions in opposition and appeals have been determined; or
      1. all submissions in opposition have been withdrawn and all appeals withdrawn or dismissed.
        1. However, until the decisions have been given under clause 10(4) of Schedule 1 on all submissions, subsection (1) does not apply to the rules in a proposed plan that was given limited notification.

        Notes
        • Section 86F: inserted, on , by section 68 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
        • Section 86F(2): inserted, on , by section 75 of the Resource Legislation Amendment Act 2017 (2017 No 15).