Section 20 — Resource Management Act 1991: Certain rules in proposed plans not to have effect

20 Certain rules in proposed plans not to have effect (1) A local authority may, before publicly notifying a proposed plan, resolve that any rule in the plan does not have effect until the plan becomes operative. (2) Public notification of the plan must include the resolution. (3) If the resolution is rescinded, the local authority must, as soon as possible, publicly notify— (a) the rescission; and (b) the resolution to which it relates; and (c) the date of the rescission. (4) A rule to which a rescinded resolution relates has effect as a rule in the plan for all purposes on and from the day after the date on which the rescission is publicly notified. (5) A reference in this Act (except in Schedule 1 ) and in any regulations made under this Act to a proposed plan excludes a rule in the plan if— (a) the rule is subject to a resolution under subsection (1) ; and (b) the resolution has not been rescinded. Subsection (1) was amended, as from 7 July 1993, by section 16(1) Resource Management Amendment Act 1993 (1993 No 65) by inserting after the expression “ 9 ” the expression “ (3) ” , and by inserting in paragraph (b) the words “ by a rule in the proposed regional plan ” . Subsection (1) was amended, as from 17 December 1997, by section 8(1) Resource Management Amendment Act 1997 (1997 No 104) by substituting the words “ that formerly was a permitted activity or which otherwise could have been lawfully carried out without a resource consent as a result of a rule in a proposed plan ” for the words “ restricted by sections 9(3), 12(3), 13(2), 14(2), or 15(2) that contravenes a rule in a proposed regional plan ” . See section 78 of that Act as to the transitional provisions. Subsection (2) was substituted, as from 7 July 1993, by section 16(2) Resource Management Amendment Act 1993 (1993 No 65). Sections 19 to 20A were substituted, as from 1 August 2003, by section 8 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.