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Resource Management Act 1991

Functions, powers, and duties of central and local government - Functions, powers, and duties of local authorities

32A: Failure to carry out evaluation

You could also call this:

“When someone doesn't check if a plan is good, you can only complain about it in certain ways.”

If you want to challenge a part of a plan because the required evaluation wasn’t done or wasn’t done properly, you can only do this by making a submission under certain sections of the law. These sections are 49, 149E, 149F, 149O, or Schedule 1.

Even if someone hasn’t challenged a plan this way, the person hearing submissions or appeals about the plan can still think about the things that should have been in the evaluation.

A ‘proposal’ means a suggested statement, national planning standard, plan, or change that needs an evaluation report or further evaluation under the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM232591.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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32AA: Requirements for undertaking and publishing further evaluations, or

“Councils must check and share information about changes to their plans”

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“Local authorities can give some of their jobs to other groups if everyone agrees it's a good idea.”

Part 4 Functions, powers, and duties of central and local government
Functions, powers, and duties of local authorities

32AFailure to carry out evaluation

  1. A challenge to an objective, policy, rule, or other method on the ground that an evaluation report required under this Act has not been prepared or regarded, a further evaluation required under this Act has not been undertaken or regarded, or section 32 or 32AA has not been complied with may be made only in a submission under section 49, 149E, 149F, or 149O or under Schedule 1.

  2. Subsection (1) does not prevent a person who is hearing a submission or an appeal on a proposal from having regard to the matters stated in section 32.

  3. In this section, proposal means a proposed statement, national planning standard, plan, or change for which—

  4. an evaluation report must be prepared under this Act; or
    1. a further evaluation must be undertaken under this Act.

      Notes
      • Section 32A: inserted, on , by section 11 of the Resource Management Amendment Act 2003 (2003 No 23).
      • Section 32A(1): amended, on , for all purposes, by section 71(1) of the Resource Management Amendment Act 2013 (2013 No 63).
      • Section 32A(1): amended, on , by section 6 of the Resource Management Amendment Act 2013 (2013 No 63).
      • Section 32A(2): replaced, on , for all purposes, by section 71(2) of the Resource Management Amendment Act 2013 (2013 No 63).
      • Section 32A(3): inserted, on , for all purposes, by section 71(2) of the Resource Management Amendment Act 2013 (2013 No 63).
      • Section 32A(3): amended, on , by section 16 of the Resource Legislation Amendment Act 2017 (2017 No 15).