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Resource Management Act 1991

Standards, policy statements, and plans - National direction - National planning standards

58I: Local authority recognition of national planning standards

You could also call this:

“Councils must follow rules for making their planning documents match the national standards”

In this part of the law, you’ll learn about how local authorities need to follow national planning standards. These standards are rules that help make sure planning is done the same way across New Zealand.

When a national planning standard tells them to, local authorities must change their documents. These documents include things like regional policy statements and plans. The changes might involve adding specific rules or making sure their documents follow certain limits.

Local authorities have to make these changes quickly, usually within a year. They don’t need to go through the usual long process for making changes. After they make the changes, they need to let the public know within 5 working days.

Sometimes, the national standard might give local authorities a few options to choose from. In this case, they need to pick the best option for their area. They’ll use a special process to apply this option to their local situation.

Local authorities also need to make any other changes needed to follow the national standard. They have to do this within a year of the standard being published.

It’s important to know that local authorities still have to follow any other laws about making or changing their plans, not just this one.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7236205.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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58H: Changing, replacing, or revoking national planning standards, or

“Rules for making changes to important planning guidelines that everyone must follow”

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58J: Time frames applying under first set of national planning standards, or

“This explains when councils must update their plans to match the new national rules.”

Part 5 Standards, policy statements, and plans
National direction: National planning standards

58ILocal authority recognition of national planning standards

  1. In this section and sections 58J and 58K, document means any of the following:

  2. a regional policy statement:
    1. a proposed regional policy statement:
      1. a proposed plan:
        1. a plan:
          1. a variation:
            1. a change.

              1. If a national planning standard so directs, a local authority must amend each of its documents—

              2. to include specific provisions in the documents; and
                1. to ensure that the document is consistent with any constraint or limit placed on the content of the document under section 58C(2)(a) to (c).

                  1. An amendment required by subsection (2) must—

                  2. be made without using any of the processes set out in Schedule 1; and
                    1. be made within the time specified in the national planning standard or (in the absence of a specified time) within 1 year after the date on which the national planning standard is published under the Legislation Act 2019; and
                      1. amend the document to include the provisions as directed; and
                        1. include any consequential amendments to any document as necessary to avoid duplication or conflict with the amendments; and
                          1. be publicly notified not later than 5 working days after the amendments are made under paragraph (d).

                            1. If a national planning standard directs a local authority to choose from a number of specific provisions in a national planning standard, the local authority must—

                            2. choose an appropriate provision; and
                              1. use one of the processes set out in Schedule 1 in order to apply the provision to the local circumstances, but not to decide the content of the provision set by the national planning standard; and
                                1. notify any amendment required under this section within the time specified in the national planning standard, using any of the processes provided for by Schedule 1; and
                                  1. make any consequential amendments to its documents needed to avoid duplication or inconsistency, but without using a process set out in Schedule 1; and
                                    1. publicly notify any amendments made under paragraph (d) not later than 5 working days after the amendments are made.

                                      1. A document is amended as from the date of the relevant public notice under subsection (3)(e) or (4)(c).

                                      2. For the purpose of subsection (4)(a), a national planning standard may specify how local authorities are to choose relevant provisions from the national planning standard.

                                      3. A local authority must—

                                      4. make all other amendments to any document that are required to give effect to any provision in a national planning standard that affects the document, using one of the processes set out in Schedule 1; and
                                        1. notify all amendments required under paragraph (a) not later than 1 year after the date on which the national planning standard is published under the Legislation Act 2019.

                                          1. A local authority must also take any other action that is directed by a national planning standard.

                                          2. This section and section 58J are subject to the obligations of local authorities, or of any particular local authority, under any other Act that relates to the preparation or change of a policy statement or plan under this Act.

                                          Notes
                                          • Section 58I: inserted, on , by section 50 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                          • Section 58I(3)(b): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                          • Section 58I(7)(b): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).