Part 5
Standards, policy statements, and plans
Local authority policy statements and plans:
Regional plans
65Preparation and change of other regional plans
A regional council may prepare a regional plan for the whole or part of its region for any function specified in section 30(1)(c), (ca), (e), (f), (fa), (fb), (g), or (ga).
A regional council given a direction under section 25A(1) must—
- prepare a regional plan that implements the direction; or
- prepare a change to its regional plan in a way that implements the direction; or
- prepare a variation to its regional plan in a way that implements the direction.
A plan must be prepared in accordance with Schedule 1.
Without limiting the power of a regional council to prepare a regional plan at any time, a regional council shall consider the desirability of preparing a regional plan whenever any of the following circumstances or considerations arise or are likely to arise:
- any significant conflict between the use, development, or protection of natural and physical
resources or the avoidance or mitigation of such conflict:
- any significant need or demand for the protection of natural and physical resources or of any
site, feature, place, or area of regional significance:
- any risks from natural hazards:
- any foreseeable demand for or on natural and physical resources:
- any significant concerns of tangata whenua for their cultural heritage in relation to natural and
physical resources:
- the restoration or enhancement of any natural and physical resources in a deteriorated state or
the avoidance or mitigation of any such deterioration:
- the implementation of a national policy statement or New Zealand coastal policy statement:
- any use of land or water that has actual or potential adverse effects on soil conservation or air
quality or water quality:
- any other significant issue relating to any function of the regional council under this
Act.
Any person may request a regional council to prepare or change a regional plan in the manner set out in Part 2 of Schedule 1.
A request for a plan change may be made jointly with an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977 if the regional council—
- is also the administering body in which the recreation reserve land is vested; and
- agrees that the request and application may be made jointly.
A regional plan may be changed in the manner set out in the relevant Part of Schedule 1.
A regional council must amend a proposed regional plan or regional plan to give effect to a regional policy statement, if—
- the statement contains a provision to which the plan does not give effect; and
- one of the following occurs:
- the statement is reviewed under
section 79
and not changed or replaced; or
- the statement is reviewed under
section 79
and is changed or replaced and the change or replacement becomes operative; or
- the statement is changed or varied and becomes operative.
- the statement is reviewed under
section 79
and not changed or replaced; or
A regional council must comply with subsection (6)—
- within the time specified in the statement, if a time is specified; or
- as soon as reasonably practicable, in any other case.
Notes
- Section 65(1): replaced, on , by section 26 of the Resource Management Amendment Act 2003 (2003 No 23).
- Section 65(1): amended, on , by section 39(1) of the Resource Management Amendment Act 2005 (2005 No 87).
- Section 65(1A): inserted, on , by section 39(2) of the Resource Management Amendment Act 2005 (2005 No 87).
- Section 65(2): replaced, on , by section 26 of the Resource Management Amendment Act 2003 (2003 No 23).
- Section 65(3)(c): replaced, on , by section 54(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
- Section 65(4): amended, on , by section 54(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
- Section 65(4A): inserted, on , by section 188(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).
- Section 65(5): amended, on , by section 54(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).
- Section 65(6): inserted, on , by section 39(3) of the Resource Management Amendment Act 2005 (2005 No 87).
- Section 65(7): inserted, on , by section 39(3) of the Resource Management Amendment Act 2005 (2005 No 87).
- Section 65(7): amended, on , by section 54(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).