Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Planning Bill

Introduction

You could also call this:

"Breaking down the Planning Bill into smaller parts to understand it better"

Illustration for Planning Bill

The Planning Bill is a proposed new law. You will see it has many parts. Clause 1 is the title of the Bill. Clause 2 says when the Bill starts. The Bill starts on the day it gets Royal assent. Some parts start one month after Royal assent. Other parts start on a special transition date. The Bill explains what words mean. It says the purpose of the Bill is to plan and regulate land use. The Bill has rules for the government. It talks about the Treaty of Waitangi and how it applies. The Bill has 12 schedules. These schedules have more details about the Bill. They talk about things like planning, consents, and enforcement. They also talk about how the Bill affects other laws. You can look at the different clauses to see what they say. For example, Clause 63 talks about combined plans for regions. The schedules have more information about these plans and other topics.

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 It might be out of date or be missing some parts.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=LMS1035806-clause-by-clause-analysis.

This page was last updated on — View changes

Topics:
Environment and resources > Town planningGovernment and voting > Local councilsMāori affairs > Treaty of WaitangiHousing and property > Land use
Previous

Regulatory impact statement, or

"A report to help the Government make good decisions about the Planning Bill"

Next

1: Title, or

"The name of the new planning law"

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause. It provides that the Bill comes into force on the day that it receives Royal assent with the following exceptions:

  • provisions specified in clause 2(1)(a) come into force 1 month after Royal assent:

  • provisions specified in clause 2(1)(b) come into force on the specified transition date (as defined in clause 4(5) of Schedule 1).

1Preliminary provisions

Clause 3 defines terms used throughout the Bill.

Clause 4 states that the purpose of the Bill is to establish a framework for planning and regulating the use, development, and enjoyment of land.

Clause 5 and Schedule 1 provide for transitional, savings, and related provisions.

Under clause 6, the Bill binds the Crown. This clause also outlines instances when the Crown is not subject to the Bill. Clause 7 sets out when the Bill does not apply to ships and aircraft of foreign States.

Clauses 8 to 10 provide for the Crown’s responsibilities in relation to the Treaty of Waitangi/te Tiriti o Waitangi (the Treaty) and for the treatment of existing Treaty redress or arrangements.

2Foundations

3Combined plan

Clause 63 requires there to be a combined plan for each region at all times.

4Planning consents

5Key roles

6Enforcement and other matters

There are 12 schedules, providing for matters relevant to the Bill as follows:

  • Schedule 1 sets out the transitional, savings, and related provisions:

  • Schedule 2 provides for the contents, preparation, review, and implementation of regional spatial plans:

  • Schedules 3 sets out the process for preparing and changing land use plans:

  • Schedule 4 sets out provisions relating to the membership and funding of independent hearing panels:

  • Schedule 5 sets out provisions relating to designations:

  • Schedule 6 sets out the information that is required in applications for consent:

  • Schedule 7 sets out further provisions relating to subdivision and reclamation:

  • Schedule 8 sets out provisions that apply to the enforcement topics listed in clause 271:

  • Schedule 9 sets out provisions that apply to the Environment Court and its proceedings:

  • Schedule 10 sets out provisions that apply to the Planning Tribunal, its establishment, and its proceedings:

  • Schedule 11 sets out the amendments to other legislation required as a result of the changes proposed by this Bill:

  • Schedule 12 sets out a list of the Acts that include a statutory acknowledgement as part of the redress provided in Treaty of Waitangi settlements.