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

Combined plan - Land use plans - Other matters

103: Territorial authority must comply with and enforce land use plan

You could also call this:

"Councils must follow and enforce their land use plans."

Illustration for Planning Bill

You will have a new rule that says a territorial authority must follow its own land use plan. It must also make sure people comply with the plan and its rules. The authority must do this within its power. If someone tries to grant a planning consent that goes against the plan, it will not be valid. This also applies to waivers from the plan or its rules. There is an exception to this rule, which is if the non-compliance is allowed by the Act itself.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1522265.

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Topics:
Environment and resources > Town planningHousing and property > Land useGovernment and voting > Local councils
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102: Presumption of validity, or

"Assuming a land use plan is valid unless someone challenges it"

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104: Boundary adjustments, or

"What happens to land use plans when district boundaries change"

Part 3Combined plan
Land use plans: Other matters

103Territorial authority must comply with and enforce land use plan

  1. A territorial authority—

  2. must comply with its own land use plan and any rule of its proposed land use plan that has legal effect; and
    1. to the extent of its authority, must enforce compliance with its plan and any rule of its proposed plan that has legal effect.

      1. No purported grant of a planning consent, and no waiver from a plan or rule in a proposed plan that has legal effect, whether written or otherwise, has effect to the extent that it is contrary to subsection (1).

      2. Subsection (2) does not apply if the non-compliance is authorised by this Act.