Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Planning Bill

Foundations - Duties and restrictions - Restrictions on land use and subdivision

17: Restrictions on land use

You could also call this:

"Rules for how you can use land"

Illustration for Planning Bill

You cannot use land in a way that breaks a national rule or a rule in a plan. You can use land if you have a planning consent that says you can. You can also use land if a water services standard or certain sections of the law say you can. You cannot use land in a way that stops a designation or proposed designation from happening. This rule also applies to aircraft flying over land, but only if there are noise rules for airports. This section has some exceptions, like if you are allowed to use land under certain parts of the law, such as section 20, 22, or 23, or clause 4(1)(a) or (b) of Schedule 5.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1549898.

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Topics:
Environment and resources > Town planningEnvironment and resources > ConservationHousing and property > Land use
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16: Overview of references to rules, or

"A guide to understanding rules mentioned in the Planning Bill"

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18: Restrictions on subdivision, or

"Rules for dividing land into smaller pieces"

Part 2Foundations
Duties and restrictions: Restrictions on land use and subdivision

17Restrictions on land use

  1. A person must not use land in a manner that contravenes a national rule, a rule in a plan, or a rule in a proposed plan that has legal effect unless—

  2. the use is expressly allowed by a planning consent; or
    1. the use is expressly allowed by a water services standard; or
      1. the use is allowed by section 20, 22, or 23; or
        1. the use is allowed by clause 4(1)(a) or (b) of Schedule 5 (which relates to uses authorised by a designation).

          1. A person must not use land in a manner that contravenes clause 4(1)(c) or 5 of Schedule 5 (which relates to activities that would prevent or hinder a designation or proposed designation).

          2. This section applies to overflying by aircraft only to the extent to that noise emission controls for airports are prescribed by a national rule or rule in a plan.