Resource Management Act 1991

Standards, policy statements, and plans - Intensification planning instruments and intensification streamlined planning process - Tier 3 territorial authorities

80K: Regulations requiring tier 3 territorial authority to change district plan

You could also call this:

“Rules can be made to tell certain councils they must change their plans for building houses.”

You can ask the Governor-General to make rules that tell a tier 3 territorial authority to change their district plan. This is done through an Order in Council, which is a type of rule made by the government.

If this happens, the Order in Council will say when the tier 3 territorial authority must tell everyone about the changes they’re making to the district plan.

The Minister can only ask for these rules to be made if two things have happened. First, a tier 3 territorial authority must have asked the Minister to do this, as described in section 80J(1). Second, the Minister must be sure that all the requirements in section 80J(3) have been met.

These rules are called secondary legislation. This means they have to be published in a special way, as described in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS634106.

Topics:
Housing and property > Land use
Government and voting > Local councils
Environment and resources > Town planning

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80J: Tier 3 territorial authority may request regulations requiring territorial authority to change district plan, or

“A smaller city can ask the government to make them change their building rules to help with housing problems.”


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80L: Minister may make direction, or

“The government leader can tell councils what to do when making new housing rules.”

Part 5 Standards, policy statements, and plans
Intensification planning instruments and intensification streamlined planning process: Tier 3 territorial authorities

80KRegulations requiring tier 3 territorial authority to change district plan

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations requiring a tier 3 territorial authority to prepare and notify an IPI.

  2. An Order in Council made under subsection (1) must specify the date by which the tier 3 territorial authority must notify the IPI.

  3. The Minister may recommend the making of regulations under subsection (1) only if—

  4. the Minister has received a request from a tier 3 territorial authority under section 80J(1); and
    1. the Minister is satisfied that the requirements specified in section 80J(3) have been met.
      1. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

      Notes
      • Section 80K: inserted, on , by section 10 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).