Plain language law

New Zealand law explained for everyone

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Natural Environment Bill

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

41: Relationship between national rule and rule in plan or proposed plan

You could also call this:

"Which rule to follow: national or local plan rules"

Illustration for Natural Environment Bill

If a rule in a plan is stricter than a national rule, it will be followed if the national rule says so. You will follow the plan's rule if it is more restrictive and the national rule allows it. The same applies if a plan's rule is more lenient than a national rule, and the national rule permits this. A plan's rule will override a national rule if the plan's rule has more allowances and the national rule says this is okay. You will follow the plan's rule if it is more enabling and the national rule allows it. This means the plan's rule has more power than the national rule in these situations. The national rule must say that a plan's rule can be more restrictive or more enabling for this to happen. You need to check the national rule to see what it says about plans and proposed plans. This will help you understand which rule to follow.

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 It might be out of date or be missing some parts.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=LMS1557530.

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Topics:
Environment and resources > Town planningGovernment and voting > Local councils
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40: 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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42: Relationship between national rule and natural resource permit, or

"How national rules affect your natural resource permit"

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

41Relationship between national rule and rule in plan or proposed plan

  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.