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Planning Bill

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

42: Relationship between national rules and designations

You could also call this:

"How national rules and special area rules work together"

Illustration for Planning Bill

You will have new rules about how national rules and designations work together. A designation can be more enabling than a national rule if the rule says so. This means the designation's rules will be used instead of the national rule. You need to know that if a designation already exists when a national rule is made, it does not override the national rule if it is about contaminated land. But in other cases, the designation will override the national rule until it lapses or is altered under clause 45, 46, or 47 of Schedule 5. If a designation's conditions are altered, the national rule will apply to the altered conditions but not the unaltered ones. A national rule will override a designation if no construction project plan has been confirmed in accordance with clause 39 of Schedule 5. You are not required to comply with a national rule if you were lawfully using a designation that has lapsed and your use has not changed. Work under a designation is also not required to comply with a national rule if the work was made, then the national rule was made, and then the designation was applied to the work. In this section, conditions include the physical boundaries of a designation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1557652.

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Topics:
Environment and resources > Town planningHousing and property > Land use
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"How national rules and planning consents work together"

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

42Relationship between national rules and designations

  1. A designation or a construction project plan may be more enabling than a national rule—

  2. if the rule expressly allows the designation or construction project plan to be more enabling than it; and
    1. in which case, this subsection prevails over the other provisions of this section.

      1. A designation that exists when a national rule is made—

      2. does not prevail over a national rule that relates to contaminated land; but
        1. prevails over any other national rule until the earlier of the following:
          1. the designation lapses:
            1. the designation is altered under clause 45, 46, or 47 of Schedule 5 by the alteration of conditions in it to which the national rule is relevant.

            2. If the conditions of a designation are altered as described in subsection (2)(b)(ii), the national rule—

            3. applies to the altered conditions; and
              1. does not apply to the unaltered conditions.

                1. A national rule prevails over a designation that requires a construction project plan if, when the national rule is made,—

                2. the designation exists; and
                  1. no construction project plan for the designation has been confirmed in accordance with clause 39 of Schedule 5.

                    1. A use is not required to comply with a national rule if—

                    2. the use was lawfully established by way of a designation that has lapsed; and
                      1. the effects of the use, in character, intensity, and scale, are the same as or similar to those that existed before the designation lapsed; and
                        1. the national rule is made—
                          1. after the designation was made; and
                            1. before or after it lapses.

                            2. Work under a designation is not required to comply with a national rule if the work has come under the designation through the following sequence of events:

                            3. the work is made; and
                              1. the national rule is made; and
                                1. the designation is applied to the work.

                                  1. In this section, conditions includes a condition about the physical boundaries of a designation.