Part 5
Standards, policy statements, and plans
Local authority policy statements and plans:
Regional policy statements
61Matters to be considered by regional council (policy statements)
A regional council must prepare and change its regional policy statement in accordance with—
- its functions under
section 30; and
- the provisions of
Part 2; and
- its obligation (if any) to prepare an evaluation report in accordance with
section 32; and
- its obligation to have particular regard to an evaluation report prepared in accordance with
section 32; and
- a national policy statement, a New Zealand coastal policy statement, and a national planning
standard; and
- any regulations.
In addition to the requirements of section 62(3), when preparing or changing a regional policy statement, the regional council shall have regard to—
- any—to the extent that their content has a bearing on resource management issues of the region;
and
- management plans and strategies prepared under other Acts; and
-
- relevant entry
on the New Zealand Heritage List/Rārangi Kōrero required by the
Heritage New Zealand Pouhere Taonga Act 2014; and
- regulations relating to ensuring sustainability, or the conservation, management, or
sustainability of fisheries resources (including regulations or bylaws relating to taiapure,
mahinga mataitai, or other non-commercial Maori customary fishing); and
-
- management plans and strategies prepared under other Acts; and
- the extent to which the regional policy statement needs to be consistent with the policy
statements and plans of adjacent regional councils; and
- the extent to which the regional policy statement needs to be consistent with regulations made
under the
Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012; and
- any emissions reduction plan made in accordance with
section 5ZI of the Climate Change Response Act
2002; and
- any national adaptation plan made in accordance with
section 5ZS of the Climate Change Response Act
2002.
When a regional council is preparing or changing a regional policy statement, it must deal with the following documents, if they are lodged with the council, in the manner specified, to the extent that their content has a bearing on the resource management issues of the region:
- the council must take into account any relevant planning document recognised by an iwi authority;
and
- in relation to a planning document prepared by a customary marine title group under
section 85
of the Marine and Coastal Area (Takutai Moana) Act 2011, the council must, in accordance with
section 93
of that Act,—
- recognise and provide for the matters in that document, to the extent that they relate to the
relevant customary marine title area; and
- take into account the matters in that document, to the extent that they relate to a part of
the common marine and coastal area outside the customary marine title area of the relevant
group.
- recognise and provide for the matters in that document, to the extent that they relate to the
relevant customary marine title area; and
In preparing or changing any regional policy statement, a regional council must not have regard to trade competition or the effects of trade competition.
Notes
- Section 61 heading: amended, on , by section 11 of the Resource Management Amendment Act 1997 (1997 No 104).
- Section 61(1): replaced, on , for all purposes, by section 76 of the Resource Management Amendment Act 2013 (2013 No 63).
- Section 61(1)(da): inserted, on , by section 52(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
- Section 61(2): amended, on , by section 52(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
- Section 61(2)(a)(ii): repealed, on , by section 24(1) of the Resource Management Amendment Act 2003 (2003 No 23).
- Section 61(2)(a)(iia): inserted, on , by section 118(2) of the Historic Places Act 1993 (1993 No 38).
- Section 61(2)(a)(iia): amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
- Section 61(2)(a)(iii): replaced, on , by section 316(1) of the Fisheries Act 1996 (1996 No 88).
- Section 61(2)(a)(iv): repealed, on , by section 24(1) of the Resource Management Amendment Act 2003 (2003 No 23).
- Section 61(2)(b): amended, on , by section 176(2) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72).
- Section 61(2)(c): inserted, on , by section 176(2) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72).
- Section 61(2)(d): inserted, on , by section 17 of the Resource Management Amendment Act 2020 (2020 No 30).
- Section 61(2)(e): inserted, on , by section 17 of the Resource Management Amendment Act 2020 (2020 No 30).
- Section 61(2A): replaced, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
- Section 61(3): inserted, on , by section 11 of the Resource Management Amendment Act 1997 (1997 No 104).
- Section 61(3): amended, on , by section 55 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).