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.
60 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Sections 77A and 77B are repealed and the following sections substituted: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)

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) 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 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 specify in the rule the matters over which it has restricted its discretion in relation to the activity.