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Planning Bill

Foundations - Key instruments - Classification of activities

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

You could also call this:

"What happens when an activity is classified as permitted, restricted or discretionary?"

Illustration for Planning Bill

If an activity is classified in a certain way, it has to follow some rules. You need to know what kind of classification it has, like permitted, restricted discretionary, or discretionary. This classification can be found in a national rule, a land use plan, or regulations. If an activity is classified as permitted, you do not need a land use consent, but you must follow the rules. These rules are in the permitted activity rule and in other instruments like a national rule or a land use plan. You have to comply with these rules. If an activity is classified as restricted discretionary, you need a planning consent. The territorial authority can only consider certain matters when deciding on the consent. You must also follow any conditions in the consent. If an activity is classified as discretionary, you also need a planning consent. The territorial authority can decide to grant the consent with or without conditions, or decline it. You must follow any conditions in the consent, as stated in subsection (1) of the Planning Bill.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1549008.

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Topics:
Environment and resources > Town planningHousing and property > Land use
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31: Principles for classifying activities, or

"Rules for deciding what type of activity is allowed"

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33: Consequence of prohibited activity classification, or

"What happens if an activity is not allowed"

Part 2Foundations
Key instruments: Classification of activities

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

  1. This section applies to an activity classified in—

  2. a national rule:
    1. a rule in a land use plan:
      1. a rule in a proposed land use plan that has legal effect:
        1. regulations; and
          1. a water services standard.

            1. If the activity is classified as a permitted activity,—

            2. the activity does not require a land use consent; but
              1. the activity must comply with any requirements—
                1. in a permitted activity rule; and
                  1. in each instrument listed in subsection (1).

                  2. If the activity is classified as a restricted discretionary activity,—

                  3. the activity requires a planning consent; and
                    1. the territorial authority’s power to grant the consent and impose conditions, or to decline the consent, is restricted to the matters over which discretion is reserved and specified in a land use plan, proposed land use plan, or national rule; and
                      1. the activity must comply with any conditions in the consent.

                        1. If the activity is classified as a discretionary activity,—

                        2. the activity requires a planning consent; and
                          1. a territorial authority may grant the consent with or without conditions or decline the consent; and
                            1. the activity must comply with any conditions in the consent.