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ARTICLE · 13 NOVEMBER 2021

Proposed rural development rules in new Waimakariri District Plan will apply with immediate effect

Despite the immediate legal effect of the new District Plan, existing submissions before the Court may cause more changes.

New ZealandReal Estate and Construction

The Environment Court has granted the Waimakariri District Council's application for the subdivision and development rules in the General Rural Zone of its proposed District Plan to have immediate legal effect (meaning that the rules would apply from the date of notification). The proposed District Plan was publicly notified on 18 September 2021.

Subdivision and development type rules in district plans typically only have legal effect once a decision on submissions is made and publicly notified, and no appeals against the council's decision are lodged. Given current and increasing development pressures on rural land, together with the need to protect rural productive potential and rural character and amenity of the area, the Council applied to the Environment Court for some of the rural subdivision and development rules in the proposed District Plan to have immediate legal effect.

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