Plain language law

New Zealand law explained for everyone

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Planning Bill

Foundations - Key instruments - Relationship between national rule and other instruments

40: Relationship between national rules and plan rules

You could also call this:

"How local rules can override national rules in planning"

Illustration for Planning Bill

If a plan or proposed plan has a rule that is more restrictive than a national rule, it will override the national rule. This only happens if the national rule says it is okay for the plan or proposed plan to have a more restrictive rule. You will see the same thing happen if a plan or proposed plan has a rule that is more enabling than a national rule, and the national rule allows this.

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 It might be out of date or be missing some parts.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=LMS1557649.

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Topics:
Environment and resources > Town planningGovernment and voting > Local councils
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39: How instruments are more restrictive or enabling than national rule, or

"How local rules can be stricter or more lenient than national rules"

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41: Relationship between national rules and planning consents, or

"How national rules and planning consents work together"

Part 2Foundations
Key instruments: Relationship between national rule and other instruments

40Relationship between national rules and plan rules

  1. A rule in a plan or a rule in a proposed plan that has legal effect that is more restrictive than a national rule prevails over the national rule if the national rule expressly allows a rule in a plan or proposed plan to be more restrictive than it.

  2. A rule in a plan or a rule in a proposed plan that has legal effect that is more enabling than a national rule prevails over the national rule if the national rule expressly allows a rule in a plan or proposed plan to be more enabling than it.