Resource Management (Simplifying and Streamlining) Amendment Act 2009

  • This version was replaced on 27 January 2017 to make a correction to the section 119 heading under section 25(1)(j)(iii) of the Legislation Act 2012.
59 District rules

(1)

Section 76 is amended by inserting the following subsections after subsection (4):

(4A)

However, a rule must not prohibit or restrict the felling, trimming, damaging, or removal of any tree or group of trees in an urban environment unless the tree or group of trees is—

(a)

specifically identified in the plan; or

(b)

located within an area in the district that—

(i)

is a reserve (within the meaning of section 2(1) of the Reserves Act 1977); or

(ii)

is subject to a conservation management plan or conservation management strategy prepared in accordance with the Conservation Act 1987 or the Reserves Act 1977.

(4B)

In subsection (4A), urban environment means an allotment no greater than 4000 m2—

(a)

that is connected to a reticulated water supply system and a reticulated sewerage system; and

(b)

on which is a building used for industrial or commercial purposes, or a dwellinghouse.

(2)

Section 76(5) is amended by omitting “If paragraph (b) of the definition of contaminated land applies, a” and substituting “A”.