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 submissions. It’s expected that the new District Plan will be operative/in full effect by the end of 2022, subject to any Environment Court appeals.

But there are some rules in the Proposed District Plan 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.

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

Chapter in Proposed ePlan

Provision

Historic Heritage

All rules (R1-R8)

Schedule 2

Notable Trees

All rules (R1-R7)

REQ1 and REQ2

Schedule 2

Sites and Areas of Significance to Maori

All rules (R1-R6)

All schedules (SCHED 1-5)

Ecosystems and Indigenous Biodiversity

R1.6 SNA

R1.16 Mudfish

R1.18 Mudfish

R1.20 Crested Grebe

R2 SNA

R4 SNA

Schedule 4

Natural Character

R1 earthworks

REQ1 earthworks

Subdivision

R18 Historic Heritage

R19 Notable Trees

R20 SASM

R21 EIB

Activities on the Surface of Water

R1.3

To alert ePlan users to which chapters and particular rules in the notified Proposed Plan have immediate legal effect, a note at the beginning of the chapter (like the one below) and an orange gavel symbol next to the relevant provision have been added.

Chapters containing provisions that have legal effect

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 Additionally, rules within the Operative District Plan that have been superseded by the rules listed below are to now be treated as inoperative.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