Section 176 — Resource Management Act 1991: Effect of designation

176 Effect of designation (1) If a designation is included in a district plan, then— (a) section 9(1) does not apply to a public work or project or work undertaken by a requiring authority under the designation; and (b) no person may, without the prior written consent of that requiring authority, do anything in relation to the land that is subject to the designation that would prevent or hinder a public work or project or work to which the designation relates, including— (i) undertaking any use of the land described in section 9(4) ; and (ii) subdividing the land; and (iii) changing the character, intensity, or scale of the use of the land. (2) The provisions of a district plan or proposed district plan shall apply in relation to any land that is subject to a designation only to the extent that the land is used for a purpose other than the designated purpose. (3) This section is subject to section 177 . Subsection (1) was amended, as from 7 July 1993, by section 90(1) Resource Management Amendment Act 1993 (1993 No 65) by omitting the words “ under section 175 ” , by substituting the words “ in the district ” for the words “ in any ” , and by inserting the words “ , but subject to sections 9(3) and 11 to 15, ” . Subsection (1) was amended, as from 17 December 1997, by section 37(1) Resource Management Amendment Act 1997 (1997 No 104) by inserting the words “ or any proposed district plan ” and the expression “ and 176A ” . See section 78 of that Act as to the transitional provisions. Subsection (1) was substituted, as from 1 August 2003, by section 65 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (2) was amended, as from 7 July 1993, by section 90(2) Resource Management Amendment Act 1993 (1993 No 65) by inserting the word “ district ” . Subsection (2) was amended, as from 17 December 1997, by section 37(2) Resource Management Amendment Act 1997 (1997 No 104) by inserting the words “ or proposed district plan ” . See section 78 of that Act as to the transitional provisions.