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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 plans work with other rules in New Zealand"

Illustration for Resource Management Act 1991

You need to know how infrastructure design solutions work with other rules. An infrastructure design solution is more important than a rule. This applies whether the rule is stronger or weaker than the infrastructure design solution. You should understand that a rule can be more important than an infrastructure design solution in some cases. This happens when the rule is in a district or regional plan to help the Waikato River and the rule is stronger than the infrastructure design solution. If there is a conflict between an infrastructure design solution and some documents, the infrastructure design solution is more important. These documents include national policy statements, New Zealand coastal policy statements, and national environmental standards. However, if a document is helping the Waikato River and conflicts with an infrastructure design solution, 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 issue. But they do not have to change the plan if the rule is helping the Waikato River and is stronger than the infrastructure design solution. This is how infrastructure design solutions work with other rules in New Zealand.

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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.

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Environment and resources > Town planningGovernment and voting > Local councils
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"Plans can allow activities not covered by wastewater or stormwater rules"

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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).