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Planning Bill

Enforcement and other matters - Enforcement - Declarations

228: Scope and effect of declaration

You could also call this:

"What a declaration means and how it works under the Planning Bill"

You can make a declaration about certain things under this proposed law. A declaration can say if something is allowed or not under this law. It can also say if a rule in a plan is consistent with a national instrument. You can make a declaration about what type of activity something is, like if it is allowed or not. It can also say if a council is making progress on a certain task as required by the law. The Environment Court can make a declaration on its own during a case, without anyone asking for it. A declaration can be about many things, including the boundary of the coastal marine area or if someone has broken the law. It can help clarify things that are not clear under this proposed law, except for certain specific issues. The court can make a declaration to help with the interpretation and administration of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528595.

This page was last updated on 12 December 2025 — View changes

Topics:

Environment and resources > Town planningGovernment and voting > Local councils

227: Proceedings to be heard by an Environment Judge, or

"Who hears cases about the environment under the Planning Bill"

229: Application for declaration, or

"Apply to the Environment Court to get a decision on a planning matter"

Part 6Enforcement and other matters
Enforcement: Declarations

228Scope and effect of declaration

A declaration may declare—
the existence or extent of any function, power, right, or duty under this Act, including (without limitation) any duty imposed by a national instrument; or
whether a provision or proposed provision of a land use plan, contrary to section 80(2), does not, or is not likely to, implement a provision or proposed provision of a national instrument; or
whether or not an act or omission, or a proposed act or omission, contravenes or is likely to contravene this Act, regulations, a rule in a plan or proposed plan, or a planning consent; or
whether or not an act or omission, or a proposed act or omission—
1. is a permitted activity, restricted discretionary activity, discretionary activity, or prohibited activity; or
2. breaches section 20 (certain existing land uses allowed); or
the point at which the landward boundary of the coastal marine area crosses any river; or
whether or not a territorial authority has made and is continuing to make substantial progress or effort towards giving effect to a designation as required by clause 49 of Schedule 5; or
any other issue or matter relating to the interpretation, administration, and enforcement of this Act, except for an issue as to whether any of sections 123 to 130 have been, or will be contravened.

In the course of any proceedings, the Environment Court may make a declaration referred to in subsection (1) on its own initiative without an application from any party to the proceedings.