Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Standards, policy statements, and plans - Legal effect of rules - Legal effect of rules

86BA: Immediate legal effect of rules in IPI prepared using ISPP

You could also call this:

"Rules about housing take effect immediately if they meet certain criteria"

Illustration for Resource Management Act 1991

You need to follow some rules about housing. A rule in a plan has immediate legal effect if it meets some criteria. The rule must be about housing in a certain area. If a new rule is inconsistent with an old rule, the old rule stops being legal. The old rule is no longer part of the plan. Some rules have immediate legal effect, but others do not. You can find more information about density standards in Part 2 of Schedule 3A. There are also rules about what happens if a new rule is more lenient than an old rule, as explained in section 77H(1)‎(b). A qualifying matter area is an area where the council has proposed that a qualifying matter apply, as explained in section 77I. Some words have special meanings, like "more lenient", which is explained in section 77H(2). A qualifying matter area is explained in section 77I.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS634183.

This page was last updated on — View changes

Topics:
Housing and property > Land useHousing and property > Buying and selling homesGovernment and voting > Local councils
Previous

86B: When rules in proposed plans have legal effect, or

"When do new planning rules become law?"

Next

86C: When rule has legal effect if decision to delay its effect is rescinded, or

"When a delayed rule starts to be enforced after the delay is cancelled"

Part 5Standards, policy statements, and plans
Legal effect of rules: Legal effect of rules

86BAImmediate legal effect of rules in IPI prepared using ISPP

  1. A rule in a proposed plan has immediate legal effect if the rule meets all of the following criteria:

  2. the rule is in an IPI prepared using the ISPP:
    1. the rule authorises as a permitted activity a residential unit in a relevant residential zone in accordance with the density standards set out in Part 2 of Schedule 3A:
      1. the rule does not apply to either of the following areas:
        1. a new residential zone:
          1. a qualifying matter area.

          2. If a rule in a district plan (rule A) is inconsistent with a rule to which subsection (1) applies (rule B),—

          3. rule A ceases to have legal effect from the time at which rule B has immediate legal effect; and
            1. rule A is no longer to be treated as an operative provision of the district plan.

              1. Subsection (4) applies if a rule in a proposed plan—

              2. meets the criteria specified in subsection (1)(a) and (c); and
                1. would meet the criterion specified in subsection (1)(b) but for the fact that it includes a proposed density standard that—
                  1. regulates the same effect as a density standard set out in Part 2 of Schedule 3A; and
                    1. is proposed, in accordance with section 77H(1)(b), to be more lenient than provided for by the MDRS.

                    2. If this subsection applies,—

                    3. the proposed density standard does not have immediate legal effect; but
                      1. all other density standards referred to in subsection (1)(b) have immediate legal effect and subsection (2) applies to those standards as if they were rule B.

                        1. Subsection (6) applies if—

                        2. the rule referred to in subsection (1)—
                          1. omits, in accordance with section 77H(1)(a), a density standard set out in Part 2 of Schedule 3A; or
                            1. includes an additional requirement, condition, or permission regulating an effect other than those set out in Part 2 of Schedule 3A; and
                            2. the omitted density standard, or the additional requirement, condition, or permission, regulates the same effect as a rule (including a density standard, requirement, condition, or permission) in the operative plan (the operative rule).

                              1. If this subsection applies, the operative rule continues to have legal effect until the date on which the proposed plan becomes operative.

                              2. In this section,

                                more lenient has the same meaning as in section 77H(2)

                                  qualifying matter area means an area in respect of which the specified territorial authority has proposed, in accordance with section 77I, that a qualifying matter apply.

                                  Notes
                                  • Section 86BA: inserted, on , by section 12 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).