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Planning Bill

Combined plan - Land use plans - Core requirements for plan making

79: Plan may include bespoke plan provisions if authorised or not precluded by national instrument

You could also call this:

"A plan can have special rules if allowed by national guidelines."

Illustration for Planning Bill

You can include special rules in a land use plan if a national instrument says you can. You can also include these rules if the national instruments do not say you cannot. You must follow any requirements in the national instruments when you include these special rules. You have to check the national instruments to see what they say about including special rules in a land use plan. If a national instrument authorises you to prepare a special rule, you can include it in your plan. You must comply with any requirements in the national instruments when you include a special rule. If you want to include a special rule in your land use plan, you must make sure you are allowed to do so. You can do this by checking the national instruments, such as section 48(1)(b) and section 48(3). You must follow the requirements in the national instruments when you include a special rule in your plan.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1537734.

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78: Land use plan must include standardised plan provisions as directed by national instrument, or

"Plans for land use must follow national rules and include standard provisions when told to."

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80: Core obligations when preparing and deciding land use plan, or

"Rules for councils when making land use plans"

Part 3Combined plan
Land use plans: Core requirements for plan making

79Plan may include bespoke plan provisions if authorised or not precluded by national instrument

  1. A territorial authority may include a bespoke plan provision in a land use plan or proposed land use plan, but only if—

  2. a national instrument authorises the territorial authority to prepare a bespoke plan provision (see section 48(1)(b)); or
    1. the national instruments do not preclude the territorial authority from including a bespoke plan provision.

      1. A territorial authority must comply with any substantive or procedural requirements in a national instrument relating to a bespoke plan provision (see section 48(3)).