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Planning Bill

Foundations - Core provisions for decision making

14: Effects outside the scope of this Act

You could also call this:

"What to Ignore When Looking at Development Effects"

Illustration for Planning Bill

When you are looking at how a development might affect an area, you must ignore certain things. You must disregard things like the layout of buildings, how development affects other businesses, and how it might change the way shops and services are distributed. You must also ignore the demand for a project, unless it is related to things mentioned in section 11(1)(b) or (d). Other things you must disregard include how a development looks, the type of housing, and the social status of the people who will live there. You must also ignore things like views from private property, the effect on the landscape, and whether a development sets a precedent. You must also disregard any matters that are dealt with under other laws. However, this does not limit the management of special areas like those with high natural character, outstanding natural landscapes, historic sites, or sites that are significant to Māori. It also does not limit the management of the effects of natural hazards. When considering the effects of a development, you can still think about how to manage and protect these special areas and deal with natural hazards, but you must ignore the other things mentioned.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1557640.

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Topics:
Environment and resources > Town planningHousing and property > Land use
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Part 2Foundations
Core provisions for decision making

14Effects outside the scope of this Act

  1. A person exercising or performing a function, duty, or power under this Act who is considering the effects of an activity must disregard—

  2. the internal and external layout of buildings on a site (for example, the provision of private open space):
    1. negative effects of development on trade competitors, including on competing providers of input goods and services:
      1. retail distribution effects:
        1. the demand for or financial viability of a project unless it is a matter to which section 11(1)(b) or (d) relates:
          1. the visual amenity of a use, development, or building in relation to its character, appearance, aesthetic qualities, or other physical feature:
            1. the following matters:
              1. the type of residential use; and
                1. the social and economic status of future residents of a new development:
                2. views from private property:
                  1. the effect on landscape:
                    1. the effect of setting a precedent:
                      1. any matter where the land use effects of an activity are dealt with under other legislation.

                        1. This section does not restrict the management of—

                        2. areas of high natural character within the coastal environment, wetlands, lakes, rives, and their margins:
                          1. outstanding natural landscapes and features:
                            1. sites of significant historic heritage:
                              1. sites of significance to Māori:
                                1. the effects of natural hazards.