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Resource Management Act 1991

Standards, policy statements, and plans - Local authority policy statements and plans - Regional plans

65: Preparation and change of other regional plans

You could also call this:

"How regional councils make and change plans to manage their area's natural resources"

A regional council can make a regional plan for its whole region or just part of it. The council can do this for certain functions, which are listed in section 30(1)(c), (ca), (e), (f), (fa), (fb), (g), or (ga). You can think of a regional plan like a set of rules to help manage the region's natural resources.

If a regional council gets a direction under section 25A(1), it must make a new regional plan or change its current one. The council must follow the rules set out in Schedule 1 when making a plan. A regional council should think about making a new plan when certain things happen, like a big conflict over using natural resources.

You can ask a regional council to make or change a regional plan, and the council must follow the rules in Part 2 of Schedule 1. A regional council must also update its plan if a regional policy statement is changed or reviewed under section 79. The council must do this as soon as possible, or within a certain time if one is specified.

A regional plan can be changed in the way set out in the relevant part of Schedule 1. If you want to exchange recreation reserve land under section 15AA of the Reserves Act 1977, you can ask the regional council to make a plan change at the same time, but only if the council agrees.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233613.

Topics:
Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Local councils
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Part 5Standards, policy statements, and plans
Local authority policy statements and plans: Regional plans

65Preparation and change of other regional plans

  1. 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).

  2. A regional council given a direction under section 25A(1) must—

  3. prepare a regional plan that implements the direction; or
    1. prepare a change to its regional plan in a way that implements the direction; or
      1. prepare a variation to its regional plan in a way that implements the direction.

        1. A plan must be prepared in accordance with Schedule 1.

        2. 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:

        3. any significant conflict between the use, development, or protection of natural and physical resources or the avoidance or mitigation of such conflict:
          1. any significant need or demand for the protection of natural and physical resources or of any site, feature, place, or area of regional significance:
            1. any risks from natural hazards:
              1. any foreseeable demand for or on natural and physical resources:
                1. any significant concerns of tangata whenua for their cultural heritage in relation to natural and physical resources:
                  1. the restoration or enhancement of any natural and physical resources in a deteriorated state or the avoidance or mitigation of any such deterioration:
                    1. the implementation of a national policy statement or New Zealand coastal policy statement:
                      1. any use of land or water that has actual or potential adverse effects on soil conservation or air quality or water quality:
                        1. any other significant issue relating to any function of the regional council under this Act.

                          1. 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.

                          2. 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—

                          3. is also the administering body in which the recreation reserve land is vested; and
                            1. agrees that the request and application may be made jointly.

                              1. A regional plan may be changed in the manner set out in the relevant Part of Schedule 1.

                              2. A regional council must amend a proposed regional plan or regional plan to give effect to a regional policy statement, if—

                              3. the statement contains a provision to which the plan does not give effect; and
                                1. one of the following occurs:
                                  1. the statement is reviewed under section 79 and not changed or replaced; or
                                    1. the statement is reviewed under section 79 and is changed or replaced and the change or replacement becomes operative; or
                                      1. the statement is changed or varied and becomes operative.

                                      2. A regional council must comply with subsection (6)—

                                      3. within the time specified in the statement, if a time is specified; or
                                        1. 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).