Section 76 — Resource Management Act 1991: District rules

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 (3A) [Repealed] (3B) [Repealed] (4) A rule may— (a) Apply throughout a district or a part of a district: (b) Make different provision for— (i) Different parts of the district; or (ii)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. (5) If paragraph (b) of the definition of contaminated land applies, 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. Subsection (1) was amended, as from 1 August 2003, by section 33(1) Resource Management Amendment Act 2003 (2003 No 23) by substituting the words “ rules in a district plan ” for the words “ in its district plan rules which prohibit, regulate, or allow activities ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (2A) was inserted, as from 7 July 1993, by section 40 Resource Management Amendment Act 1993 (1993 No 65). Subsection (2A) was substituted, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72). See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions. Subsection (3) was amended, as from 7 July 1993, by section 40(2) Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “ provide for ” for the word “ specify ” . Subsection (3) was amended, as from 1 August 2003, by section 33(2) Resource Management Amendment Act 2003 (2003 No 23) by omitting the words “ ; and rules may accordingly provide for permitted activities, controlled activities, discretionary activities, non-complying activities, and prohibited activities ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsections (3A) and (3B) were inserted, as from 7 July 1993, by section 40 Resource Management Amendment Act 1993 (1993 No 65). Subsections (3A) and (3B) were repealed, as from 1 August 2003, by section 33(3) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (4)(e) was substituted, as from 1 August 2003, by section 33(4) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (5) was inserted, as from 10 August 2005, by section 47 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.