Resource Management Act 1991

176 Effect of designation

• (1) If a designation is included in a district plan, then—

  • (a) section 9(3) does not apply to a public work or project or work undertaken by a requiring authority under the designation; and

  • (b) no person may, without the prior written consent of that requiring authority, do anything in relation to the land that is subject to the designation that would prevent or hinder a public work or project or work to which the designation relates, including—

    • (i) undertaking any use of the land; and

    • (ii) subdividing the land; and

    • (iii) changing the character, intensity, or scale of the use of the land.

  (2) The provisions of a district plan or proposed district plan shall apply in relation to any land that is subject to a designation only to the extent that the land is used for a purpose other than the designated purpose.

  (3) This section is subject to section 177.

  Section 176(1): replaced, on 1 August 2003, by section 65 of the Resource Management Amendment Act 2003 (2003 No 23).

  Section 176(1)(a): amended, on 1 October 2009, by section 107(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 176(1)(b)(i): amended, on 1 October 2009, by section 107(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 176(2): amended, on 17 December 1997, by section 37(2) of the Resource Management Amendment Act 1997 (1997 No 104).

  Section 176(2): amended, on 7 July 1993, by section 90(2) of the Resource Management Amendment Act 1993 (1993 No 65).