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Planning Bill

Foundations - National instruments - National instruments

48: National instrument may direct plan provisions in land use plans

You could also call this:

"A national rule can tell local councils what to include in their land use plans."

Illustration for Planning Bill

A new law is being proposed that says a national instrument can tell a territorial authority what to include in its land use plan. This direction can require the authority to include a specific plan provision from the national instrument. The authority may have no choice about including it or where it applies. The national instrument can also give the territorial authority some choices, like where to apply a plan provision or which one to use. It can even let the authority decide not to include a provision at all. The national instrument can include rules about how the authority must include a plan provision. The proposed law also says that a national instrument can include rules about how a territorial authority must follow the plan provisions. You can see more about this in section 79, which says a territorial authority cannot change a standardised provision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1535141.

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Topics:
Environment and resources > Town planningGovernment and voting > Local councilsHousing and property > Land use
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47: Territorial authority and spatial plan committee must implement national instrument, or

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

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"The Minister can cancel a proposed rule at any time before it's approved."

Part 2Foundations
National instruments: National instruments

48National instrument may direct plan provisions in land use plans

  1. A national instrument may contain direction relating to the inclusion of plan provisions in a land use plan or proposed land use plan. A direction—

  2. may require or authorise a territorial authority to include a plan provision contained in the national instrument itself; or
    1. may authorise a territorial authority to include a plan provision prepared by the territorial authority.

      1. For the purpose of subsection (1)(a), a national instrument may—

      2. contain a plan provision—
        1. that the territorial authority must include in its land use plan; and
          1. in relation to which the territorial authority has no discretion to determine its spatial application; or
          2. contain a plan provision in relation to which the territorial authority may do 1 or more of the following:
            1. determine the spatial application of the provision:
              1. select the provision from 2 or more alternatives set out in the national instrument:
                1. determine any content specified by the national instrument but only from within parameters set out in that instrument:
                  1. choose not to include the provision.

                  2. A national instrument may include substantive or procedural requirements about how a territorial authority may include a plan provision required or authorised under this section.

                  3. See section 79 (which provides that a territorial authority must not amend a standardised provision).