Reference to external documents
- If a plan incorporates standards contained in an external document, it should refer to a particular version of that document.
- If the standard is revised, the council should notify a change to its plan, replacing the old standard with the new one. This will allow public submissions on inclusion of the new standard in the plan.
- However, take care with a plan which incorporates standards from an external document. These may change, and amending a plan is not a simple process. If the plan lags behind amendments to the standard in an external document, it could cause confusion.
- Codes of practice or New Zealand Standards may give unreasonable discretion to the council. A discretion contained in an external standard could make a rule ultra vires if that standard is used to form a condition on a permitted activity. For example, a rule in one operative plan states that if a certain activity complies with the New Zealand standard NZS6803P: 1984 then it is permitted. However, the standard states: At the discretion of the local authority concerned the requirements of this Standard need not apply to construction work which cannot be carried out during normal working hours.