Resource Management Act 1991
069
Commenced: 1 Oct 1991
V: Standards, Policy Statements, and Plans
Regional Plans
68
Regional rules
68. Regional rules---(1) A regional council may, for the purpose of---
(a) Carrying out its functions under this Act (other than those
described in paragraphs (a) and (b) of section 30 (1)); and
(b) Achieving the objectives and policies of the plan,---
include in a regional plan rules which prohibit, regulate, or allow
activities.
(2) Every such rule shall have the force and effect of a regulation in
force under this Act but, to the extent that any such rule is
inconsistent with any such regulation, the regulation shall prevail.
(3) In making a rule, the regional council shall have regard to the
actual or potential effect on the environment of activities, including,
in particular, any adverse effect; and rules may accordingly specify
permitted activities, controlled activities, discretionary activities,
non-complying activities, prohibited activities, and restricted coastal
activities.
(4) Notwithstanding subsection (3), a rule may specify an activity as
a restricted coastal activity only if the rule is in a regional coastal
plan and the Minister of Conservation has required the activity to be so
specified on the grounds that the activity---
(a) Has or is likely to have significant or irreversible adverse
effects on a coastal marine area; or
(b) Occurs or is likely to occur in an area having significant
conservation value.
(5) A rule may---
(a) Apply throughout the region or a part of the region:
(b) Make different provision for---
(i) Different parts of the region; or
(ii) Different classes of effects arising from an activity:
(c) Apply all the time or for stated periods or seasons:
(d) Be specific or general in its application:
(e) Require a resource consent to be obtained for any activity not
specifically referred to in the plan.
(6) Where a regional rule affects the use of particular areas of land,
the regional council shall notify the relevant territorial authority of
the rule, and the territorial authority shall ensure that the rule is
annexed to, and appropriate annotations are made in, every copy of the
authority's district plan that is under the authority's control.