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Planning Bill

Foundations - Key instruments - Classification of activities

31: Principles for classifying activities

You could also call this:

"Rules for deciding what type of activity is allowed"

Illustration for Planning Bill

When someone is making decisions under this proposed law, they must follow some principles. You need to know what kind of activity is being proposed to decide how it should be classified. The activity can be classified as permitted, restricted discretionary, discretionary, or prohibited, depending on its effects. The person making the decision must think about whether the activity is acceptable and if its effects can be managed. You should consider if the activity is consistent with the regional spatial plan. If the activity's effects are unknown or uncertain, it may be classified as discretionary. If an activity will have very bad effects that cannot be managed, it should be classified as prohibited. You must consider all these things when classifying an activity under this proposed law. The classification will help decide what happens next with the activity.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1525203.

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32: Consequences of permitted, restricted discretionary, or restricted discretionary activity classification, or

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Part 2Foundations
Key instruments: Classification of activities

31Principles for classifying activities

  1. When exercising or performing a function, duty, or power under this Act, a person must be guided by the following principles:

  2. an activity should be classified as a permitted activity if—
    1. the activity is acceptable, is anticipated, or achieves the desired level of use and development; or
      1. any adverse effects of the activity are known and can be managed; or
        1. a specific assessment of the activity or part of the activity is not required:
        2. an activity should be classified as a restricted discretionary activity if—
          1. the activity is acceptable, is anticipated, or achieves the desired level of use and development but 1 or more of the effects of the activity requires a specific assessment; and
            1. the range of potential effects of the activity are known and can be appropriately managed through consent conditions:
            2. an activity should be classified as a discretionary activity if—
              1. the nature and type of activity requires an assessment of all the effects of the activity; or
                1. the adverse effects of the activity are unknown or uncertain; or
                  1. the activity is inconsistent with the regional spatial plan; or
                    1. the activity is not anticipated and may be inappropriate:
                    2. an activity should be classified as a prohibited activity if the activity will have an unacceptably high level of adverse effects that cannot be managed by consent conditions.