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Resource Management Act 1991

Standards, policy statements, and plans - National direction - Infrastructure design solutions

58JD: Relationship between infrastructure design solutions and other instruments

You could also call this:

"How infrastructure design solutions work with other rules and plans"

Illustration for Resource Management Act 1991

When you look at infrastructure design solutions and other rules, you need to know which one is more important. An infrastructure design solution is more important than a rule, no matter if the rule is stricter or not. This means the infrastructure design solution will be followed. If a rule is part of a district or regional plan to help the Waikato River, and the rule is stricter than the infrastructure design solution, then the rule is more important. In this case, the infrastructure design solution does not override the rule. You also need to know that an infrastructure design solution is more important than some other documents, like national policy statements or district plans. However, if one of these documents is helping the Waikato River and is stricter than the infrastructure design solution, then the document is more important. If a local authority's plan has a rule that conflicts with an infrastructure design solution, they must change the plan to fix the problem. They have to do this as soon as possible, without using the usual process. But if the rule is helping the Waikato River and is stricter than the infrastructure design solution, then the local authority does not have to change the plan.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1525919.

Topics:
Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Local councils
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58JC: Plan may permit effects that wastewater or stormwater environmental performance standard does not deal with, or

"A plan can allow activities and set rules for effects not covered by wastewater or stormwater standards."

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58JE: Plan may permit effects that infrastructure design solution does not deal with, or

"A plan can allow things to happen that an infrastructure design doesn't cover."

Part 5Standards, policy statements, and plans
National direction: Infrastructure design solutions

58JDRelationship between infrastructure design solutions and other instruments

  1. An infrastructure design solution prevails over a rule.

  2. Subsection (1) applies whether the rule is more or less stringent than the infrastructure design solution.

  3. However, a rule prevails over the infrastructure design solution, and subsections (1) and (2) do not apply, if—

  4. the rule is included in a district plan or regional plan to give effect to Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River; and
    1. the rule is more stringent than the infrastructure design solution.

      1. If there is any conflict or duplication between an infrastructure design solution and a document listed in subsection (5), the infrastructure design solution prevails.

      2. The documents are—

      3. a national policy statement:
        1. a New Zealand coastal policy statement:
          1. a national environmental standard:
            1. a regional policy statement:
              1. a regional plan:
                1. a district plan.

                  1. However, if anything in a document listed in subsection (5)(d), (e), or (f) (the relevant document) conflicts with or duplicates anything in an infrastructure design solution, then, to the extent that the conflict or duplication results from the relevant document giving effect to Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River,—

                  2. subsection (4) does not apply; and
                    1. the relevant document prevails.

                      1. If a local authority’s plan or proposed plan contains a rule that conflicts with or duplicates a provision in an infrastructure design solution, the local authority must amend the plan or proposed plan to remove the inconsistency or duplication—

                      2. without using the process in Schedule 1; and
                        1. as soon as practicable after the date on which the standard comes into force.

                          1. However, subsection (7) does not apply if—

                          2. the rule gives effect to Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River; and
                            1. the rule is more stringent than the infrastructure design solution.

                              Notes
                              • Section 58JD: inserted, on , by section 76 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).