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Resource Management Act 1991

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

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

You could also call this:

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

When this Act or its regulations talk about a rule in a proposed plan, they don’t mean a rule that hasn’t started working yet. A rule hasn’t started working if it hasn’t taken legal effect as per section 86B, or if it hasn’t become operative under section 86F. This is always true unless the Act specifically says otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2414473.

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Environment and resources > Town planning
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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”

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87AA: This Part subject to Part 6A, or

“This part of the law must follow the rules set out in another part of the law called Part 6A.”

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

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

  1. A reference in this Act or in any regulations made under it to a rule in a proposed plan does not include a reference to a rule in the proposed plan that—

  2. has not taken legal effect in accordance with section 86B; or
    1. has not become operative under section 86F.

      1. Subsection (1) applies subject to any express provision to the contrary in this Act.

      Notes
      • Section 86G: inserted, on , by section 68 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
      • Section 86G(1): amended, on , by section 76(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
      • Section 86G(1): amended, on , by section 76(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).