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Planning Bill

Foundations - Key instruments - Classification of activities

35: Activities that must be treated as discretionary activities

You could also call this:

"Activities that need a special decision"

When you apply for a planning consent for an activity, it must be treated as a discretionary activity if a plan requires consent but does not say what type of activity it is. You will also need to treat it as a discretionary activity if a rule in a proposed plan says the activity is not allowed, but this rule is not yet in effect. This means the activity will be considered on a case-by-case basis.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1557645.

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

Topics:

Environment and resources > Town planning

34: Specified prohibited activities, or

"What activities are not allowed in certain areas"

36: Rules relating to restricted discretionary activities, or

"Rules for activities that need special permission"

Part 2Foundations
Key instruments: Classification of activities

35Activities that must be treated as discretionary activities

An application for a planning consent for an activity must be treated as an application for a discretionary activity if—
a plan requires a planning consent for the activity but does not classify the activity; or
a rule in a proposed plan classifies the activity as a prohibited activity and the rule has not become operative.