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

Planning consents - Conditions and other requirements relating to decisions - Conditions of planning consents

151: Particular conditions that may be included in planning consents

You could also call this:

"Rules that come with planning approvals"

Illustration for Planning Bill

When you get a planning consent, it may have certain conditions. These conditions can include things like how long the consent lasts or when it will lapse. You can find more information about this in section 150 and section 165. You may also have to provide a financial assurance, which is like a promise to pay for something. This is explained in clauses 1 to 21 of Schedule 8. You might have to do things like plant trees or protect natural resources. If you have a land use consent, you might have to agree to a covenant. This is a promise to do something, and it's in favour of the consent authority. For subdivision consents, there are special conditions described in Part 1 of Schedule 7. You might have to do things to reduce the risk of not following the planning consent. This could be because you didn't follow the rules before. You can find more information about this in section 145. You may also have to give the consent authority information about how you're using the planning consent. This could include things like measurements, samples, or test results. You might have to provide this information at a certain time or in a certain way.

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 It might be out of date or be missing some parts.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=LMS1506081.

This page was last updated on — View changes

Topics:
Environment and resources > Town planningHousing and property > Land use
Previous

150: General requirements before conditions may be included, or

"Rules for adding conditions to a planning consent"

Next

152: Review of draft conditions of consent, or

"Check the draft rules before they're final"

Part 4Planning consents
Conditions and other requirements relating to decisions: Conditions of planning consents

151Particular conditions that may be included in planning consents

  1. Without limiting the generality of section 150, a planning consent may include any 1 or more of the following conditions:

  2. a condition specifying the duration of the consent:
    1. a condition specifying the date the consent will lapse, subject to section 165:
      1. a condition requiring a financial assurance (and describing the terms of that financial assurance) in accordance with clauses 1 to 21 of Schedule 8:
        1. a condition requiring services or works to be provided, including (but without limitation) protecting, planting, or replanting of any tree or other vegetation or protecting, restoring, or enhancing any natural or physical resource:
          1. in the case of a land use consent, a condition requiring that a covenant be entered into, in favour of the consent authority, in respect of the performance of any condition of the consent (being a condition which relates to the use of land to which the consent relates):
            1. in the case of a subdivision consent, a condition described in Part 1 of Schedule 7:
              1. a condition to mitigate any risk that the planning consent may not be complied with, having regard to any previous non-compliance by the applicant that is the subject of an abatement order, enforcement order, infringement notice, or conviction under this Act referred to in section 145:
                1. a condition requiring the holder of a planning consent to supply to the consent authority information relating to the exercise of the planning consent.

                  1. A condition under subsection (1)(e) may, among other things, provide that the covenant may be varied or cancelled or renewed at any time by agreement between the consent holder and the consent authority.

                  2. Without limiting subsection (1)(h), a condition made under that subsection may require the holder of the planning consent to do 1 or more of the following:

                  3. to make and record measurements:
                    1. to take and supply samples:
                      1. to carry out analyses, surveys, investigations, inspections, or other specified tests:
                        1. to carry out measurements, samples, analyses, surveys, investigations, inspections, or other specified tests in a specified manner:
                          1. to provide information to the consent authority at a specified time or times:
                            1. to provide information to the consent authority in a specified manner and, if applicable, in a manner consistent with any regulations made under a relevant empowering provision in this Act:
                              1. to comply with the condition at the consent holder’s expense.