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Planning Bill

Foundations - Core provisions for decision making

12: Relationship between key instruments in decision-making

You could also call this:

"How planning rules work together to help make decisions"

Illustration for Planning Bill

The Planning Bill proposes a hierarchy of key instruments. You will see national policy direction at the top, followed by national standards, spatial plans, and land use plans. Each instrument must follow the one above it. When making decisions, you must consider the relevant provisions of the instrument that affects the matter and any relevant provisions of a higher instrument. You must not consider a goal directly unless it is not addressed in a higher instrument or there is uncertainty or conflict. If the Act allows or requires you to consider goals, you must consider them as addressed in higher instruments. The rules about considering goals and provisions do not apply to making national policy direction. This section is subject to other provisions of the Act that may say otherwise. A higher order instrument means any key instrument listed above the one that directly affects the matter.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1451909.

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Topics:
Environment and resources > Town planningHousing and property > Land use
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11: Goals, or

"Make good decisions about land use to help people, the environment, and the economy"

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13: Procedural principles, or

"Make decisions fairly, quickly, and with clear information"

Part 2Foundations
Core provisions for decision making

12Relationship between key instruments in decision-making

  1. The hierarchy of the key instruments of this Act is as follows, listed from top to bottom:

  2. national policy direction:
    1. national standards:
      1. spatial plans:
        1. land use plans.

          1. Each key instrument (other than the national policy direction)—

          2. must implement the instrument listed directly above it; and
            1. must implement an instrument higher up the list if required by that instrument.

              1. A person exercising or performing a function, duty, or power under this Act in relation to a matter—

              2. must consider the relevant provisions of the key instrument that directly affects the matter (for example, a spatial plan in the case of a land use plan or a land use plan in the case of a consent); and
                1. must consider any relevant provisions of a higher order instrument, if, and only to the extent that, the matter is not addressed by the instrument listed beneath it; and
                  1. must not consider a goal directly unless and to the extent that—
                    1. the subject matter of the goal is not addressed in a higher order instrument or, if applicable, the goal is not particularised in a higher order instrument; or
                      1. there is uncertainty within a higher order instrument in relation to the goal; or
                        1. there is conflict between higher order instruments in relation to the goal.

                        2. If a provision of this Act expressly allows or requires a person to consider the goals, the person—

                        3. must, in complying with subsection (3)(a) and (b), consider the goals as they have been addressed or particularised in higher order instruments; and
                          1. is still required to comply with subsection (3)(c).

                            1. Subsections (3) and (4) do not apply to the making of national policy direction.

                            2. This section is subject to any provision of this Act that expressly provides otherwise.

                            3. In this section, a higher order instrument means any key instrument that is listed above the instrument that directly affects the matter.