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Planning Bill

Foundations - Key instruments - Permitted activity rules

38: Permitted activity rules

You could also call this:

"Rules for activities that are allowed in your area"

Illustration for Planning Bill

If a rule says an activity is allowed, it must require the activity to be registered or relate to a matter described in section 151 or Part 1 of Schedule 7. You need to register the activity with the territorial authority, and you may need to get approval from people affected by the activity. You might also need to get a certificate from a qualified person or pay a fee. If you are doing an activity that is allowed, you must follow certain rules. You might need to get written approval from people who may be affected by the activity, or get a certificate from a qualified person. You could also need to pay a fee or follow other requirements. A rule can say what information must be included when you register an activity. An approval from someone affected by the activity is valid for 3 years, unless they withdraw it in writing. This is part of a proposed change to the law, so it is not yet in effect.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1557648.

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"Rules for activities that need special permission"


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39: How instruments are more restrictive or enabling than national rule, or

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Part 2Foundations
Key instruments: Permitted activity rules

38Permitted activity rules

  1. A permitted activity rule must—

  2. require an activity to be registered; or
    1. relate to a matter described in section 151 or Part 1 of Schedule 7.
      1. A permitted activity rule referred to in subsection (1)(a) must provide that an activity is a permitted activity only if—

      2. the activity is registered with the territorial authority (see section 180); and
        1. the person carrying out the activity does 1 or more of the following:
          1. obtains the written approval of all persons who may be directly affected by the activity:
            1. obtains a certificate from a qualified person that the activity complies, or would comply, with any specified requirement:
              1. pays a fee fixed in accordance with section 192:
                1. complies with any other requirement relating to a matter described in section 151 or Part 1 of Schedule 7.
                2. A permitted activity rule referred to in subsection (1)(a) may specify requirements for the information that must be included in the notice required by section 180.

                3. An approval described in subsection (2)(b)(i) is valid for 3 years from the date it is given, unless withdrawn in writing by the person who gave it.