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Resource Management Act 1991

Miscellaneous provisions - Rights of objection

360M: Local authority’s obligations

You could also call this:

"What local councils must do when new rules are made"

Illustration for Resource Management Act 1991

When regulations are made under section 360I(1), you need to know what the local authority must do. The local authority has to give public notice that the regulations have been made, when they come into force, and what they mean. They also have to update their policy statement or plan to reflect the changes made by the regulations, and they have to do this by a certain date or as soon as possible after the regulations come into force.

If the local authority does not do what they are supposed to do, it does not affect the changes made by the regulations. The regulations are still valid even if the local authority makes a mistake.

The local authority must make these changes without using the usual process in Schedule 1, and they must do it by the date specified in the regulations or as soon as possible after the regulations come into force.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1495168.

Topics:
Environment and resources > Town planningGovernment and voting > Local councils
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360L: Minister to consult before recommending regulations, or

"Minister must talk to affected people before changing rules."

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360N: Policy statement or plan continues as operative after change by regulations, or

"Plans and rules stay in effect even if they are changed by new regulations."

Part 14Miscellaneous provisions
Rights of objection

360MLocal authority’s obligations

  1. As soon as practicable after regulations are made under section 360I(1), the local authority whose policy statement or plan includes provisions that are or will be modified or removed by the regulations must—

  2. give public notice—
    1. that the regulations have been made; and
      1. of the date on which the regulations come into force; and
        1. that provides a general description of the nature and effect of the regulations; and
        2. ensure that the policy statement or plan reflects the amendments made by the regulations—
          1. without using the process in Schedule 1; and
            1. by any date specified in the regulations for that purpose or, if no date is specified, as soon as practicable after the regulations come into force.

            2. A failure to comply with subsection (1) does not affect the validity of the amendments made by the regulations.

            Notes
            • Section 360M: inserted, on , by section 86 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).