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Planning Bill

Foundations - National instruments - National instruments

47: Territorial authority and spatial plan committee must implement national instrument

You could also call this:

"Follow the national rules when making plans for your area"

Illustration for Planning Bill

If a new national rule is made, you will have to follow it. You must do what the rule says and make any changes it requires. A national rule can tell you how to manage land use or make decisions. A national rule can also say what conditions must be used for different activities. It can tell you what a regional spatial plan or land use plan should look like. You can find more information about plan provisions in section 48. If a national rule requires a change to a plan, you will have to make that change. You will have to use a special process to amend your plan, unless the national rule says otherwise. You can find this process in Schedule 3 or subpart 1 of Part 3. In some cases, a national rule can tell you to amend your plan without using the usual process. This can happen if the national rule sets out the exact changes to be made or if the change is needed to make the plan consistent with the national rule. You will have to make the changes as soon as possible and tell the public about them within 5 working days.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1526169.

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Environment and resources > Town planningGovernment and voting > Local councils
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Part 2Foundations
National instruments: National instruments

47Territorial authority and spatial plan committee must implement national instrument

  1. A local authority and a spatial plan committee must—

  2. comply with the directions of a national instrument; and
    1. implement its provisions in the manner specified the instrument.

      1. A national instrument may direct—

      2. how land use is managed:
        1. how territorial authorities make decisions:
          1. how territorial authorities undertake processes and methodologies:
            1. the conditions that must be used for different activities:
              1. the structure and form of regional spatial plans or land use plans:
                1. the content of and types of plan provisions (see section 48).

                  1. A national instrument may—

                  2. direct that specific provisions be included in regional spatial plans or land use plans:
                    1. direct territorial authorities or spatial plan committees to choose from a number of specific provisions to be included in plans either completely or in part.

                      1. If a provision in a national instrument necessitates a change to a plan, unless the national instrument specifies otherwise,—

                      2. a local authority must use a process in Schedule 3 to amend its plan; and
                        1. a spatial plan committee must use the process in subpart 1 of Part 3 to amend the spatial plan unless the national instrument specifies otherwise.

                          1. A national instrument may direct a territorial authority or spatial plan committee to amend its plan without using the process in Schedule 3 or subpart 1 of Part 3 only if—

                          2. the content of the amendment is set out in the national instrument itself; or
                            1. the purpose of the amendment is to make the plan consistent with any restriction in that national instrument or another national instrument.

                              1. A territorial authority or a spatial plan committee must—

                              2. make the amendments authorised under subsection (5) as soon as practicable within the time, if any, specified in the national instrument; and
                                1. give public notice of the amendments within 5 working days after making them.