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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:

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

When a new rule is proposed for a plan, you must treat it as if it’s already in effect (and the old rule as no longer in effect) if the time for people to submit comments or appeal against the rule has ended. This happens when one of these things occurs:

  1. Nobody has submitted comments against the rule or appealed it.
  2. All the comments against the rule and appeals have been decided.
  3. All the comments against the rule have been taken back, and all appeals have been taken back or dismissed.

However, there’s an exception to this. If the proposed plan was only shown to a limited number of people, you can’t treat the new rules as in effect until decisions have been made on all the comments. These decisions are made under clause 10(4) of Schedule 1.

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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.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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86E: Local authorities must identify rules having early or delayed legal effect, or

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

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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

“Rules that aren't active yet don't count when talking about rules in this law and its rules.”

Part 5 Standards, 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 all submissions in opposition have been withdrawn and all appeals withdrawn or dismissed.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).