New Zealand Legislation: Bills

53 New sections 77A and 77B substituted

• Sections 77A and 77B are repealed and the following sections substituted:

  “77A Power to make rules to apply to classes of activities and specify conditions

  • “(1) A local authority may—

    • “(a) categorise activities as belonging to one of the classes of activity described in subsection (2); and

    • “(b) make rules in its plan or proposed plan for each class of activity that apply—

      • “(i) to each activity within the class; and

      • “(ii) for the purposes of that plan or proposed plan; and

    • “(c) make rules in its plan or proposed plan in accordance with section 94AAD; and

    • “(d) specify conditions in a plan or proposed plan, but only if the conditions relate to the matters described in section 108 or 220.

    “(2) An activity may be—

    • “(a) a permitted activity; or

    • “(b) a controlled activity; or

    • “(c) a restricted discretionary activity; or

    • “(d) a discretionary activity; or

    • “(e) a non-complying activity; or

    • “(f) a prohibited activity.

    “(3) Subsection (1)(b) and (c) are is subject to section 77B.

  “77B Duty to include certain rules in relation to controlled or restricted discretionary activities

  • “(1) Subsection (2) applies if a local authority makes a rule in its plan or proposed plan classifying an activity as a controlled activity.

    “(2) The local authority must also make a rule in the plan or proposed plan specifying specify in the rule the matters over which it has reserved control in relation to the activity.

    “(3) Subsection (4) applies if a local authority makes a rule in its plan or proposed plan classifying an activity as a restricted discretionary activity.

    “(4) The local authority must also make a rule in the plan or proposed plan specifying specify in the rule the matters over which it has restricted its discretion in relation to the activity.”