76 District rules

(1)

A territorial authority may, for the purpose of—

(a)

carrying out its functions under this Act; and

(b)

achieving the objectives and policies of the plan,—

include rules in a district plan.

(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.

(2A)

Rules may be made under this section, for the protection of other property (as defined in section 7 of the Building Act 2004) from the effects of surface water, which require persons undertaking building work to achieve performance criteria additional to, or more restrictive than, those specified in the building code as defined in section 7 of the Building Act 2004.

(3)

In making a rule, the territorial authority shall have regard to the actual or potential effect on the environment of activities including, in particular, any adverse effect.

(3A)

[Repealed]

(3B)

[Repealed]

(4)

A rule may—

(a)

apply throughout a district or a part of a district:

(b)

make different provision for—

(i)

different parts of the district; 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 an activity causing, or likely to cause, adverse effects not covered by the plan.

(4A)

A rule may prohibit or restrict the felling, trimming, damaging, or removal of a tree or trees on a single urban environment allotment only if, in a schedule to the plan,—

(a)

the tree or trees are described; and

(b)

the allotment is specifically identified by street address or legal description of the land, or both.

(4B)

A rule may prohibit or restrict the felling, trimming, damaging, or removal of trees on 2 or more urban environment allotments only if—

(a)

the allotments are adjacent to each other; and

(b)

the trees on the allotments together form a group of trees; and

(c)

in a schedule to the plan,—

(i)

the group of trees is described; and

(ii)

the allotments are specifically identified by street address or legal description of the land, or both.

(4C)

In subsections (4A) and (4B),—

group of trees means a cluster, grove, or line of trees

urban environment allotment or allotment means an allotment within the meaning of section 218

(a)

that is no greater than 4 000 m2; and

(b)

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

(c)

on which there is a building used for industrial or commercial purposes or as a dwellinghouse; and

(d)

that is not reserve (within the meaning of section 2(1) of the Reserves Act 1977) or subject to a conservation management plan or conservation management strategy prepared in accordance with the Conservation Act 1987 or the Reserves Act 1977.

(4D)

To avoid doubt, subsections (4A) and (4B) apply—

(a)

regardless of whether the tree, trees, or group of trees is, or the allotment or allotments are, also identified on a map in the plan; and

(b)

regardless of whether the allotment or allotments are also clad with bush or other vegetation.

(5)

A rule may exempt from its coverage an area or class of contaminated land if the rule—

(a)

provides how the significant adverse effects on the environment that the hazardous substance has are to be remedied or mitigated; or

(b)

provides how the significant adverse effects on the environment that the hazardous substance is reasonably likely to have are to be avoided; or

(c)

treats the land as not contaminated for purposes stated in the rule.

Section 76(1): amended, on 1 August 2003, by section 33(1) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 76(2A): replaced, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 76(3): amended, on 1 August 2003, by section 33(2) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 76(3A): repealed, on 1 August 2003, by section 33(3) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 76(3B): repealed, on 1 August 2003, by section 33(3) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 76(4)(e): replaced, on 1 August 2003, by section 33(4) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 76(4A): replaced, on 4 September 2013, by section 12 of the Resource Management Amendment Act 2013 (2013 No 63).

Section 76(4B): replaced, on 4 September 2013, by section 12 of the Resource Management Amendment Act 2013 (2013 No 63).

Section 76(4C): inserted, on 4 September 2013, by section 12 of the Resource Management Amendment Act 2013 (2013 No 63).

Section 76(4D): inserted, on 4 September 2013, by section 12 of the Resource Management Amendment Act 2013 (2013 No 63).

Section 76(5): inserted, on 10 August 2005, by section 47 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 76(5): amended, on 1 October 2009, by section 59(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).