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Resource Management Act 1991

Standards, policy statements, and plans - Planning processes stopped until 31 December 2027 - Exemptions

80U: Automatic exemptions

You could also call this:

"Some planning rules don't apply until 2027, and that's what 'Automatic exemptions' means"

Illustration for Resource Management Act 1991

You have some exemptions from certain rules when it comes to planning instruments. These exemptions apply from when this subpart started until 31 December 2027. They exempt you from the prohibition against notification, which is explained in section 80P, and the requirement to withdraw the instrument, which is explained in section 80Q.

These exemptions apply to different types of planning instruments, including those that use the streamlined planning process, which is explained in Part 5 of Schedule 1. They also apply to instruments that use the intensification streamlined planning process, which is explained in Part 6 of Schedule 1. You can find more information about these processes in the relevant sections.

The exemptions also apply to draft planning instruments that implement national policy statements, and to proposed planning instruments or draft planning instruments that use the freshwater planning process, which is explained in section 80A and Part 4 of Schedule 1. You can find more information about the freshwater planning process in these sections.

There are other exemptions too, such as for proposed planning instruments or draft planning instruments directed by the Minister under section 25A or 25B. You can find more information about these sections in the relevant links.

If you request a plan change under clause 21 of Schedule 1, it is not subject to withdrawal under section 80Q(1), unless the request has been adopted and notified. To avoid doubt, sections 80P and 80Q apply to draft planning instruments or proposed planning instruments using the freshwater planning process, unless they are implementing a national policy statement. You can find more information about these sections in the relevant links.

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Part 5Standards, policy statements, and plans
Planning processes stopped until 31 December 2027: Exemptions

80UAutomatic exemptions

  1. On and after the commencement of this subpart and until 31 December 2027, the draft planning instruments and proposed planning instruments referred to in subsection (2) are exempt from—

  2. the prohibition against notification (see section 80P):
    1. the requirement to withdraw the instrument (see section 80Q).

      1. Subsection (1) applies to the following:

      2. a proposed planning instrument or a draft planning instrument, including a listed planning instrument as defined in section 80B, using the streamlined planning process (see Part 5 of Schedule 1):
        1. a proposed planning instrument or draft planning instrument using the intensification streamlined planning process (see Part 6 of Schedule 1):
          1. a draft planning instrument that implements the requirements of a national policy statement published after this subpart commences, if the national policy statement requires that it be implemented—
            1. before 31 December 2027; and
              1. wholly or in part by a draft planning instrument:
              2. a proposed planning instrument or draft planning instrument using the freshwater planning process to give effect to the National Policy Statement for Freshwater Management 2020 (see section 80A, Part 4 of Schedule 1, and clause 42 of Schedule 12):
                1. a proposed planning instrument or draft planning instrument—
                  1. as directed by the Minister under section 25A or 25B; or
                    1. that is called in by the Minister under Part 6AA as a proposal of national significance:
                    2. a proposed planning instrument or draft planning instrument that relates to natural hazards:
                      1. a proposed planning instrument or draft planning instrument used by the Minister of Conservation to change or vary the regional coastal plan for the Kermadec and Subantarctic Islands:
                        1. a proposed planning instrument or draft planning instrument that gives effect to any obligation in or under—
                          1. a Treaty of Waitangi settlement Act or deed of settlement:
                            1. the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019:
                              1. the Marine and Coastal Area (Takutai Moana) Act 2011.

                              2. A plan change requested under clause 21 of Schedule 1 is not a proposed planning instrument subject to withdrawal under section 80Q(1), unless the request has been adopted by the local authority and notified.

                              3. To avoid doubt, sections 80P and 80Q apply to a draft planning instrument or a proposed planning instrument using the freshwater planning process under section 80A and Part 4 of Schedule 1 if that instrument is not implementing the national policy statement for freshwater management under section 80A(6B)(b) or (c).

                              Notes
                              • Section 80U: inserted, on , by section 26 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).