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Planning Bill

Planning consents - Applying for planning consent - General requirements

110: Activity classification to remain the same

You could also call this:

"Your planning application will follow the old rules if they change after you apply."

If you lodge an application for a planning consent under section 109, and the rules about what type of activity it is change after you apply, the application will still be treated as if the old rules applied. You will still be able to have your application processed and decided based on the old rules. This does not change the need to consider any relevant land use plans when your application is being considered, as set out in section 139.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1436620.

This page was last updated on 12 December 2025 — View changes

Topics:

Housing and property > Land useEnvironment and resources > Town planning

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Part 4Planning consents
Applying for planning consent: General requirements

110Activity classification to remain the same

This section applies if—
an application for a planning consent has been lodged under section 109; and
the activity classification of the activity (being restricted discretionary or discretionary) is altered after the application was first lodged as a result of—
1. a proposed plan provision being notified; or
2. a decision being made under clause 27(2) of Schedule 3; or
3. any other matter.

The application must continue to be processed, considered, and decided as if the activity had the same activity classification that it had when the application was first lodged.
This section does not affect a requirement in section 139 to have regard to any relevant provision of a land use plan or proposed land use plan that exists when the application is considered.