Home
Bills
Planning Bill
Combined plan
Land use plans
Further matters relating to rules in a plan
82: Plan must not permit activity that has certain effects on protected customary rights

Explanatory note

General policy statement Departmental disclosure statement Regulatory impact statement Clause by clause analysis

Part 1:
Preliminary provisions

3Interpretation 4Purpose 5Transitional, savings, and related provisions 6Act binds the Crown 7Application of this Act to ships and aircraft of foreign States 8Treaty of Waitangi/Tiriti o Waitangi 9Crown to seek to enter agreements to uphold Treaty settlement redress or arrangements 10Treaty redress or arrangements to be given same or equivalent effect

Part 2:
Foundations

Core provisions for decision making

11Goals 12Relationship between key instruments in decision-making 13Procedural principles 14Effects outside the scope of this Act 15Considering adverse effects of activities

Duties and restrictions

Key instruments

27Purposes of key instruments

Provisions of key instruments

28Objectives, policies, rules, and methods 29Application of objectives, policies, rules, and methods 30Meaning of rule

Classification of activities

31Principles for classifying activities 32Consequences of permitted, restricted discretionary, or restricted discretionary activity classification 33Consequence of prohibited activity classification 34Specified prohibited activities 35Activities that must be treated as discretionary activities 36Rules relating to restricted discretionary activities 37Rules relating to discretionary activities

Permitted activity rules

38Permitted activity rules

Relationship between national rule and other instruments

39How instruments are more restrictive or enabling than national rule 40Relationship between national rules and plan rules 41Relationship between national rules and planning consents 42Relationship between national rules and designations 43Relationship between national rules and bylaws

National instruments

44Role and application of national instruments 45Matters to consider when making national instrument 46Process for making national instrument 47Territorial authority and spatial plan committee must implement national instrument 48National instrument may direct plan provisions in land use plans 49Withdrawal of proposed national instrument 50Approval of national instrument 51Incorporation of material by reference in national instrument 52National instrument may provide for transitional matters

National policy direction

53National policy direction 54Purpose of national policy direction 55Content of national policy direction 56National policy direction may restrict how goals may be achieved 57National policy direction to resolve conflicts between goals in both Acts

National standards

58National standards required for specified content 59Purpose of national standards 60What national standards can do 61National rules must be clearly identified 62Amendments to national standards without full process

Part 3:
Combined plan

63Regional combined plan

Requirement for regional spatial plans

64Every region must have regional spatial plan 65Geographical boundaries of regional spatial plan 66Special provision for certain areas

Purpose of regional spatial plans

67Purpose of regional spatial plans 68How regional spatial plans promote integration 69Process agreement for preparation of regional spatial plan 70Consultation with iwi

Spatial plan committees

71Requirement to have spatial plan committee 72Ministerial appointments to spatial plan committee 73Role of spatial plan committee

Other requirements relating to regional spatial plans

74Other requirements relating to regional spatial plans

Land use plans

Core requirements for plan making

75Purpose of land use plan 76Each district must have 1 land use plan 77How land use plan is prepared or changed 78Land use plan must include standardised plan provisions as directed by national instrument 79Plan may include bespoke plan provisions if authorised or not precluded by national instrument 80Core obligations when preparing and deciding land use plan

Types of provisions in land use plans

81Provisions in land use plan

Further matters relating to rules in a plan

82Plan must not permit activity that has certain effects on protected customary rights 83Process if plan or proposed plan does not comply with section 82 84Rules that modify requirements for esplanade reserves 85Conflicts between rules and regulations

Incentives

86Methods relating to incentives

Evaluation reports and justification reports

87Requirements for evaluation reports 88Requirements for further evaluation report 89Requirements for justification reports 90Requirements for further justification reports 91Failure to properly prepare evaluation report or justification report

Regulatory relief

92Obligations relating to regulatory relief in Schedule 3

Future provisions

93Land use plan or proposed land use plan may make area subject to future provisions 94Requirements for making area subject to temporary and future provisions 95Requirements for future provisions to apply 96Territorial authority must give notice if requirements are satisfied

Changing plan provisions without using Schedule 3 process if authorised by planning consent

97Applying for planning consent that authorises change to plan provisions 98Territorial authority may change plan provisions if authorised by planning consent

Review of land use plans

99Review of provisions in land use plan at least every 10 years

Other matters

100Statutory acknowledgements to be attached to land use plans 101Disputes relating to whether land use plan implements national instruments or regional spatial plan 102Presumption of validity 103Territorial authority must comply with and enforce land use plan 104Boundary adjustments 105Environment Court may give directions in respect of land subject to controls

Designations

106Schedule 5 sets out provisions relating to designations

Part 4:
Planning consents

Types of consent

107Meaning of planning consent

Applying for planning consent

General requirements

108Prior consultation not required 109Applying for planning consent 110Activity classification to remain the same 111Joint application for planning consent and exchange of recreation reserve land 112Applications to territorial authorities for consent where land is in coastal marine area 113Application affecting navigation to be referred to Maritime New Zealand 114Application relating to area where group seeks customary marine title 115Consent authority may return incomplete application 116Deferral pending application for additional consents

Time frames and excluded time periods

117Consent processing time frames 118Certain consents must be processed and decided no later than 1 year after lodgement

Consent authority may require further information or report

119Request for further information 120Request for report 121Response to request for further information or report 122Consequences of applicant’s failure to respond to requests, etc

Notification, submissions, and hearings

Notification

123Time limit for public notification or targeted notification 124Mandatory public notification in some circumstances 125Notification requirements if section 124 does not apply 126Public notification of consent application after request for further information or report 127Whether adverse effects likely to be more than minor 128Whether person is affected person 129Meaning of affected protected customary rights group 130Meaning of affected customary marine title group

Submissions on applications

131Submissions on applications 132Form and service of submissions 133Striking out submissions

Hearings

134Consent authority may refer to conference or mediation 135Obligation to hold a hearing 136Decision by commissioner

Consideration of application and decision

137Application of this subpart 138Matters that consent authority must disregard 139Consideration of planning consent application 140Matters relevant to activities affecting drinking water supply source water 141Matters relevant to application for reclamation 142Matters relevant to application relating to wastewater network 143Matters relevant to application relating to stormwater network 144Matters relevant to application for consent that authorises change to spatial application of plan provisions 145Applicant’s compliance history 146Consent may be refused or granted with conditions if risk from natural hazards, etc 147Matters for which consent must not be granted 148Determination of planning consent 149Consent authority may grant application with adaptive management approach

Conditions and other requirements relating to decisions

Conditions of planning consents

150General requirements before conditions may be included 151Particular conditions that may be included in planning consents 152Review of draft conditions of consent 153Decision on application

Appeals

154Right to appeal 155Procedure for appeal

Nature of consents, commencement, duration and review

156Consents not real or personal property 157Planning consent prevails over specified instruments

Commencement

158Commencement of consent 159Commencement of consent for non-notified application 160Commencement of consent if request for review lodged 161Commencement of consent if section 112 applies 162Commencement if subject to grant of application to exchange recreation reserve land

Duration

163Duration of planning consent 164Exercise of consent while applying for new consent 165Lapsing of consent 166Cancellation of consent 167Change or cancellation of consent condition on application by consent holder

Review of consent conditions by consent authority

168Circumstances when consent conditions can be reviewed 169Notice of review 170Public notification, submissions, and hearing, etc 171Matters to be considered in review 172Decisions on review of consent conditions 173Powers under Part 6 not affected 174Minor corrections of planning consents

Transfer and surrender

175Land use and subdivision consents attach to land 176Surrender of consent

Miscellaneous

Processes relating to activities that do not require planning consent

177Consent authority may treat certain activities as permitted activities 178Certificate of compliance where activity does not require consent 179Existing use certificates 180Notification and registration of activity subject to permitted activity rule

Other provisions relating to subdivision and reclamation

181Schedule 7 applies to subdivision or reclamation

Part 5:
Key roles

Functions and powers of central and local government

Ministerial functions

182Functions of Minister 183Minister of Conservation has certain powers of local authority

Functions, powers, and responsibilities of territorial authorities

184Overview of responsibilities of territorial authorities 185Functions of territorial authorities 186Information gathering, monitoring, and keeping records 187Further monitoring requirements 188Duty to keep records about iwi and hapū 189Obligations relating to statutory acknowledgements 190Provision of relevant information to post-settlement governance entity

Administrative charges

191Administrative charges 192Other matters relating to administrative charges

Transfer and delegation of functions, powers and responsibilities

193Transfer of powers

Delegation

194Delegation of functions etc 195Presumptions applying to delegations 196Delegation to employees and others

Joint management agreement

197Power to make joint management agreement 198Territorial authority may act alone 199Effect of joint management agreement 200Termination of joint management agreement

Ministerial intervention

Central government

201Power of Minister to investigate and make recommendations 202Residual powers of Minister 203Minister may direct preparation of plan, document, change, or variation 204Minister may direct local authority to achieve outcome 205Minister may direct commencement of review 206Requirements related to ministerial directions 207Minister may require local authorities to supply information 208Restriction on ministerial direction

Delegations

209Delegation of functions by Ministers

System performance

System performance framework

210System performance framework 211Collection of data in support of system performance

System performance reporting

212Chief executive must produce system performance report every 3 years

Strategic reviews

213Chief executive may undertake strategic review

Independent reviews

214Minister may request independent review

Environment Court and Planning Tribunal

215Provisions applying to Environment Court 216Provisions applying to Planning Tribunal

Part 6:
Enforcement and other matters

Enforcement

Duty to provide information

217Duty to give certain information

Enforcement officers

218Authorisation and responsibilities of enforcement officers

Enforcement functions of EPA

219Terms used in this section and sections 220 to 226 220Enforcement functions of EPA 221Intervention by EPA 222EPA may change enforcement functions 223EPA enforcement officers 224EPA may require information from local authority 225Additional reporting requirements 226Order for payment of EPA’s costs in bringing a prosecution

Proceedings under this subpart

227Proceedings to be heard by an Environment Judge

Declarations

228Scope and effect of declaration 229Application for declaration 230Notification of application 231Decision on application

Enforcement orders

232Scope of enforcement order 233Compliance with enforcement order 234Application for enforcement order 235Notification of application 236Right to be heard 237Decision on application 238Interim enforcement order 239Change or cancellation of enforcement order

Abatement notices

240Scope of abatement notice 241Compliance with abatement notice 242Form and content of abatement notice 243Appeals 244Environment Court may order stay of abatement notice 245Cancellation of abatement notice

Restrictions relating to enforcement orders and abatement orders

246Restrictions on certain applications for enforcement orders and abatement notices

Excessive noise directions

247Meaning of excessive noise 248Issue and effect of excessive noise direction 249Compliance with excessive noise direction

Powers of entry and search

250Power of entry for inspection 251Power of entry for survey 252Warrant for entry for search 253Direction and execution of warrant for entry for search

Offences

254Offences against this Act

Limitation periods

255Limitation period for offences or pecuniary penalties under this Act

Penalties

256Penalties 257Liability of principal for acts of agents 258Strict liability and defences 259Burden of proving defences 260Fines to be paid to local authority or EPA instituting prosecution 261Insurance against fines unlawful

Infringement offences

262Infringement offences 263Infringement offences 264Who may issue infringement notices 265When infringement notice may be issued 266Revocation of infringement notice before payment made 267What infringement notice must contain 268How infringement notice may be served 269Payment of infringement fees 270Reminder notices 271Further enforcement matters

Local authorities to have compliance and enforcement strategy

272Local authorities to prepare compliance and enforcement strategy

Providing information and guidance

273Local authority or EPA to publish information about their functions, duties, and powers 274Functions, duties, and powers of Ministry

Emergency works

275Emergency works and power to take preventive or remedial action 276Planning consents for emergency works 277Emergency works under Civil Defence Emergency Management Act 2002 278Reimbursement or compensation for emergency works 279Emergency response regulations 280Annual review of emergency response regulations

Regulations

281Regulations 282Regulations relating to consent processing time frames and procedures

Planning consent levy

283Regulations relating to planning consent levy

Miscellaneous

Waiver and extension of time limits

284Power of waiver and extension of time limits 285Requirements for waivers and extensions 286Matters for which time period must not be extended or waived

Service of documents

287Service of documents

Crown’s existing rights to resources to continue

288Crown's existing rights to resources to continue

Vesting of reclaimed land

289Vesting of reclaimed land

Matters may be determined by arbitration

290Matters may be determined by arbitration

Collection and spending of planning consent levy

291Collection and spending of planning consent levy

Joint regional and district planning documents

292Joint regional and district planning documents 293Requirements for joint regional and district planning documents

Amendments to other legislation

294Amendments to other legislation

Hearings to be held in public and protection of sensitive information

295Hearing to be held in public and orders protecting sensitive information

Schedule 1:
Transitional, savings, and related provisions

Schedule 3:
Further provisions relating to plans

Schedule 4:
Independent hearings panels

Schedule 6:
Information required in applications for consent

Schedule 7:
Further provisions relating to subdivision and reclamation

Schedule 8:
Enforcement matters

Schedule 10:
Planning Tribunal

Schedule 11:
Amendments to other legislation

Schedule 12:
Statutory acknowledgements

Summary of changes

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

Combined plan - Land use plans - Further matters relating to rules in a plan

82: Plan must not permit activity that has certain effects on protected customary rights

You could also call this:

"Plans must protect special Maori rights"

If you are making a land use plan, you must not allow activities that will hurt protected customary rights. You cannot permit an activity if it will have a big adverse effect on these rights, which are carried out under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011. This rule applies even if a national instrument says something different.

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=LMS1553965.

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

Topics:

Environment and resources > Town planningMāori affairs > Māori land

81: Provisions in land use plan, or

"What a land use plan must include"

83: Process if plan or proposed plan does not comply with section 82, or

"What happens if a land use plan breaks a rule?"

Part 3Combined plan
Land use plans: Further matters relating to rules in a plan

82Plan must not permit activity that has certain effects on protected customary rights

A land use plan or a proposed land use plan must not include a rule that classifies an activity as a permitted activity if that activity will, or is likely to, have an adverse effect that is more than minor on a protected customary right carried out under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011.
This section applies despite anything to the contrary in a national instrument.