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Planning Bill

Combined plan - Land use plans - Other matters

102: Presumption of validity

You could also call this:

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

Illustration for Planning Bill

If a territorial authority says a land use plan is in effect, you must treat it as if it was made and approved correctly according to Schedule 3. You can only challenge this plan if you apply for an enforcement order under section 234(3). This means the plan is assumed to be valid unless someone takes action to challenge it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1522268.

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101: Disputes relating to whether land use plan implements national instruments or regional spatial plan, or

"Disputes about land use plans following national rules or regional plans"


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

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

Part 3Combined plan
Land use plans: Other matters

102Presumption of validity

  1. If a territorial authority claims that a land use plan or provision in a land use plan is operative, the plan or provision—

  2. must be treated as having been prepared and approved in accordance with Schedule 3; and
    1. must not be challenged except by an application for an enforcement order under section 234(3).