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 - Existing uses

21: Extensions where existing land use discontinued

You could also call this:

"Asking to keep using land in a way that's not allowed if you've already stopped using it that way"

You want to keep using land in a way that does not follow the rules. If you stopped using the land for more than 12 months, you can ask to keep using it. You must ask within 2 years of stopping. You can apply to the territorial authority for an extension. They may say yes if it does not go against the land use plan. They also need to know that people who might be affected agree. If the territorial authority says no, you can object to the Planning Tribunal.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1549906.

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

Topics:

Environment and resources > Town planningHousing and property > Land use

20: Certain existing land uses allowed, or

"You can keep using land in a way that was allowed before new rules started."

22: Certain existing building works allowed, or

"Some building work is allowed even if it doesn't follow the rules, if you had permission first."

Part 2Foundations
Duties and restrictions: Existing uses

21Extensions where existing land use discontinued

This section applies if a person seeks an extension to continue to 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, despite the use being discontinued for a continuous period of more than 12 months.
The person may, no later than 2 years after the date that the use of land is first discontinued, apply to the territorial authority for an extension.
The territorial authority may grant an extension if satisfied that—
the extension will not be contrary to the objectives and policies of the land use plan; and
the applicant has obtained approval from every person who may be adversely affected by the extension, unless the territorial authority considers it is unreasonable in the circumstances to require any person’s approval.

The person has a right of objection to the Planning Tribunal if a territorial authority refuses an extension.