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Planning Bill

Combined plan - Land use plans - Other matters

104: Boundary adjustments

You could also call this:

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

Illustration for Planning Bill

If the boundaries of a district change, you need to know what happens to the land use plan. The plan that was in place before the change will still apply to the area. It will also be treated as part of the new territorial authority's plan. If a district's boundaries change to include a new area that was not part of another district, you cannot use the land unless you have a planning consent. You also cannot use the land until the land use plan says you can. If a district's boundaries change to include a new area, the territorial authority must update its land use plan within two years. After the plan is updated, the old rules about using the land will not apply anymore, and subsections (1) and (2) will not apply to the area.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1522267.

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Topics:
Environment and resources > Town planningHousing and property > Land useGovernment and voting > Local councils
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"Councils must follow and enforce their land use plans."

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Part 3Combined plan
Land use plans: Other matters

104Boundary adjustments

  1. If the boundaries of a district are changed so that any area of the district is administered by a different territorial authority, the land use plan and any proposed land use plan or private plan change that applied to the area before the boundary change—

  2. continues to apply to the area; and
    1. is to be treated as part of the land use plan or proposed plan of, or a private plan change of, the different territorial authority.

      1. If the boundaries of a district are changed to include, within the district, an area that was not previously within the boundaries of another district, the land must not be used—

      2. unless the use is expressly allowed by a planning consent; or
        1. until the land use plan provides that the land may be used as proposed.

          1. If the boundaries of a district are changed to include a new area,—

          2. the territorial authority must, as soon as practicable (but not later than 2 years after the change to the boundaries), change its land use plan to apply it to the new area; and
            1. on and from the date that those changes are operative, subsections (1) and (2) do not apply to the area.