Provisions to be treated as operative

Rules that have legal effect or are to be treated as operative

Most of the rules in the Proposed District Plan will not come into effect until after the Council has released decisions on all submissions. It’s expected that the new District Plan will be operative/in full effect by the end of 2023, subject to any Environment Court appeals.

But there are some rules in the Proposed District Plan, including in the variation that are in effect now or can be treated as operative. All land use and subdivision activities need to be considered under both the Operative and Proposed District Plans until all of the relevant Proposed Plan provisions become operative.

Rules that apply once the Proposed Plan is notified

Some proposed rules have been in effect since the Proposed District Plan was notified on 5 October 2020. These are rules addressing aspects like listed historic items and their settings, notable trees, Sites and Areas of Significance to Māori, and significant areas of biodiversity. In these cases, resource consent may be required under either or both the Operative and Proposed District Plans.

Variation 1 introduces mandatory medium density residential standards (MDRS), which will have immediate legal effect in the current residential zones in Rolleston, Lincoln and Prebbleton. Any new areas proposed to be rezoned to a Medium Density Residential Zone or areas subject to a “qualifying matter” do not have legal effect from the date of notification.

List of provisions that have legal effect from the date of notification of the Proposed District Plan:

Provisions in the Operative District Plan that are replaced by Variation 1 to the Proposed District Plan

Those provisions in the Township Volume of the Operative District Plan that are replaced by the mandatory medium density residential standards (MDRS) in Variation 1 to the Proposed District Plan from the date of notification (20 August 2022) can be viewed here .

Rules that apply under Section 86F

Once submissions have been received on a Proposed District Plan, rules not subject to challenge are to be treated as operative as per section 86F of the Resource Management Act 1991  (RMA).

Note for the purposes of this section of the RMA, ‘rule requirements’ have been treated as ‘rules’. Additionally, rules within the Operative District Plan that have been superseded by the rules listed below are to now be treated as inoperative.

List of rules to be treated as operative under s86F of RMA:

- EI-R25 (Community Wastewater Treatment Facility)
- CE-R1 (Mahinga Kai)
- CE-R4 (Mineral Extraction)
- EW-R6 (Test Pits
- LLRZ-R1 (Residential Activity)
- LLRZ-R8 (Keeping of Animals)
- LLRZ-R9 (Home Business)
- LLRZ-R13 (Public Amenity)
- LLRZ-R14 (Community Facility)
- LLRZ-R15 (Automotive Activity)
- LLRZ-R16 (Industrial Activity)
- LLRZ-R19 (Mineral Extraction/ Prospecting)
- LLRZ-R20 (Firearms Range)
- LLRZ-R21 (Motor Sports)
- LLRZ-R22 (Waste and Diverted Material Facility)
- LRZ-R1 (Residential Activity)
- LRZ-R8 (Keeping of Animals)
- LRZ-R9 (Home Business)
- LRZ-R15 (Camping Ground Facility)
- LRZ-R18 (Public Amenity)
- LRZ-R21 (Automotive Activity)
- LRZ-R22 (Industrial Activity)
- LRZ-R25 (Mineral Extraction/ Prospecting)
- LRZ-R26 (Firearms Range)
- LRZ-R27 (Motor Sports)
- LRZ-R28 (Waste and Diverted Material Facility)
- GRZ-R1 (Residential Activity)
- GRZ-R8 (Keeping of Animals)
- GRZ-R17 (Public Amenity)
- GRZ-R18 (Community Facility)
- GRZ-R19 Automotive Activity)
- GRZ-R20 (Industrial Activity)
- GRZ-R23 (Mineral Extraction/ Prospecting)
- GRZ-R24 (Firearms Range)
- GRZ-R25 (Motor Sports)
- GRZ-R26 (Waste and Diverted Material Facility)
- SETZ-R1 (Residential Activity)
- SETZ-R8 (Keeping of Animals)
- SETZ-R9 (Home Business)
- SETZ-R18 (Public Amenity)
- SETZ-R22 (Industrial Activity)
- SETZ-R25 (Mineral Extraction/ Prospecting)
- SETZ-R26 (Firearms Range)
- SETZ-R27 (Motor Sports)
- SETZ-R28 (Waste and Diverted Material Facility)
- GRUZ-R1 (Residential Activity)
- GRUZ-R19 (Commercial Composting)
- GRUZ-R20 (Mineral Prospecting)
- GRUZ-R30 (Keeping of Animals)
- GRUZ-R32 (Public Amenity)
- GRUZ-R34 (Community Correction Activity)
- GRUZ-R38 (Waste and Diverted Material Facility)
- NCZ-R7 (Office Activities)
- NCZ-R8 (Automotive Activities)
- NCZ-R10 (Visitor Accommodation Activities)
- NCZ-R11 (Camping Ground Facilities)
- NCZ-R15 (Firearms Range)
- NCZ-R16 (Public Amenities)
- NCZ-R17 (Keeping of Animals)
- NCZ-R20 (Commercial Composting)
- NCZ-R22 (Waste and Diverted Material Facility)
- LCZ-R13 (Camping Ground Facilities)
- LCZ-R17 (Firearms Range)
- LCZ-R18 (Public Amenities)
- LCZ-R19 (Keeping of Animals)
- LCZ-R22 Commercial Composting)
- LCZ-R24 (Waste and Diverted Material Facilities)
- LFRZ-R2 (Residential Activities)
- LFRZ-R13 (Firearms Range)
- LFRZ-R14 (Public Amenities)
- LFRZ-R15 (Keeping of Animals)
- LFRZ-R18 (Commercial Composting)
- LFRZ-R20 (Waste and Diverted Materials Facility)
- TCZ-R10.3 (Automotive Activities)
- TCZ-R13 Camping Ground Facilities)
- TCZ-R17 (Firearms Range)
- TCZ-R18 Public Amenities)
- TCZ-R20 (Primary Production)
- TCZ-R22 (Commercial Composting)
- TCZ-R24 (Waste and Diverted Materials Facility)
- GIZ-R13 (Firearms Range)
- GIZ-R15 (Public Amenity)
- GIZ-R16 (Keeping of Animals)
- GIZ-R20 (Camping Ground)
- GIZ-R22 (Waste and Diverted Materials Facility)
- GRAZ-R4 (Visitor Accommodation)
- GRAZ-R5 (Conference Facility)
- GRAZ-R7 (Residential Activity)
- GRAZ-R8 (Keeping of Animals)
- GRAZ-R9 (Public Amenity)
- KNOZ-R14 (Keeping of Animals)
- KNOZ-R15 (Firearms Range)
- KNOZ-R18 (Waste and Diverted Materials Facility)
- KNOZ-R19 (Motor sports)
- MPZ-R5.1 (Community Facility)
- MPZ-R7.1 (Community Corrections Activity)
- MPZ-R8 (Residential Activity)
- MPZ-R11.1 (Urupa)
- MPZ-R12.1 (Commercial Activity)
- MPZ-R15 (Firearms Range)
- MPZ-R16 (Motor Sports)
- SKIZ-R3 (Minor Residential Units)
- SKIZ-R6 (Ski Management and Operations)
- SKIZ-R8 (Conference Facility)
- SKIZ-R12 (Educational Facility)
- SKIZ-R16 (Keeping of Animals)
- SKIZ-R17 (Public Amenity)
- TEZ-R8 (Residential Activity)
- TEZ-R10 (Golf Course)
- TEZ-R11 (Hotel and Conference Activities)
- TEZ-R14 (Keeping of Animals)

The above rules that apply under section 86F are highlighted in the Proposed Selwyn District Plan in purple. To find out more about these rules, refer to Council Report, 5 May 2021 [PDF, 102 KB]

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Contact

For further information contact the team on 0800 SELWYN (735 996) or email contactus@selwyn.govt.nz