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Resource Management Act 1991

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

80V: Application by local authority for exemption

You could also call this:

"Asking the Minister to Excuse You from Some Rules"

Illustration for Resource Management Act 1991

You can apply to the Minister for an exemption from certain rules. You need to apply in writing and say what rules you want to be exempt from. You can find more information about these rules in section 80P and section 80Q. You must give the Minister enough information to decide if you meet the criteria in section 80W. You must also give the Minister a copy of your proposed planning instrument or a link to it. If you are asking to notify a draft planning instrument, you must give a detailed summary of it. The Minister can ask for more information or changes to your application. The Minister will decide if you meet the criteria and may grant you an exemption. The Minister will tell you their decision in writing and explain why they made it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1494541.

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Topics:
Environment and resources > Town planningGovernment and voting > Local councils
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Part 5Standards, policy statements, and plans
Planning processes stopped until 31 December 2027: Exemptions

80VApplication by local authority for exemption

  1. A local authority may apply in writing to the Minister for an exemption from—

  2. the prohibition against notifying a draft planning instrument (see section 80P); or
    1. the requirement to withdraw a proposed planning instrument (see section 80Q).

      1. An application under this section must—

      2. provide information in sufficient detail to enable the Minister to assess whether and how the application meets the criteria set out in section 80W; and
        1. if relevant, state any other reason why the local authority considers it is appropriate that the work be progressed.

          1. The local authority must also provide, with its application,—

          2. an up-to-date copy of the proposed planning instrument (or a link to an Internet site containing the instrument); or
            1. if the local authority is seeking to publicly notify a draft planning instrument, a detailed summary of the draft planning instrument.

              1. If the application relates to parts only of a proposed planning instrument or draft planning instrument, the application must clearly identify the parts of the instrument for which exemption is applied.

              2. The Minister may request further information from the local authority or changes to the application, and the local authority may amend or replace the application.

              3. If the Minister is satisfied that a proposed planning instrument or draft planning instrument, or a relevant part of it, meets the criteria set out in section 80W, the Minister may grant the local authority an exemption, but if the Minister is not satisfied, they may decline the application as a whole or in part.

              4. The Minister must provide the decision in writing to the local authority, specifying any parts of the application that are granted and any that are declined, with reasons for their decision.

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