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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:

“What happens if a local authority doesn't do its evaluation job properly?”

If you think a local authority has not done what it should under the Resource Management Act, you can challenge them. You can only make this challenge when you are making a submission under section 149E, section 149F, or section 149O, or under Schedule 1.

When you make a submission, you might say that the local authority did not prepare or consider an evaluation report, or that they did not follow section 32 or section 32AA.

The person hearing your submission can still think about the matters in section 32, even if the local authority did not do what they should have done.

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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.

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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 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 regional policy statement 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 , by section 7(1) of the Resource Management (Freshwater and Other Matters) Amendment Act 2024 (2024 No 43).
      • 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 7(2) of the Resource Management (Freshwater and Other Matters) Amendment Act 2024 (2024 No 43).