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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:

"A local authority can ask the government for permission to not follow certain rules when making plans."

Illustration for Resource Management Act 1991

If you are a local authority, you can apply to the Minister in writing for an exemption from certain rules. You might want an exemption from the rule that stops you from notifying a draft planning instrument, which is explained in section 80P, or from the rule that requires you to withdraw a proposed planning instrument, which is explained in section 80Q.

When you make an application, you must give the Minister enough information to decide whether your application meets the criteria set out in section 80W. You must also say why you think it is a good idea to progress the work.

You need to provide the Minister with an up-to-date copy of the proposed planning instrument, or a link to where it can be found, or a detailed summary of the draft planning instrument if you want to make it public. If your application is only about part of a proposed planning instrument, you must clearly say which part you are applying for.

The Minister can ask you for more information or for changes to your application, and you can amend or replace your application. The Minister will decide whether to grant you an exemption based on the criteria in section 80W, and will tell you their decision in writing, saying which parts of your application are accepted and which are not, and why.

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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.

Topics:
Environment and resources > Town planningGovernment and voting > Local councils
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80U: Automatic exemptions, or

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

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80W: Criteria for Minister’s consideration, or

"What the Minister thinks about when deciding if someone can be exempt from a rule"

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).