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Resource Management Act 1991

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

74: Matters to be considered by territorial authority

You could also call this:

"Things the council must think about when making or changing a district plan"

When you are preparing or changing a district plan, you must think about certain things. You have to follow your functions under section 31 and the rules in Part 2. You also have to consider any directions given under section 25A(2).

You need to think about any national policy statements, New Zealand coastal policy statements, and national planning standards. You must also consider the rules in the Heritage New Zealand Pouhere Taonga Act 2014 and the Urban Development Act 2020. When preparing or changing a district plan, you have to think about how it will affect the environment and the community.

You must consider any plans or proposed plans of nearby cities or towns. You also have to think about any emissions reduction plans made under section 5ZI of the Climate Change Response Act 2002 and any national adaptation plans made under section 5ZS of the Climate Change Response Act 2002. You cannot think about trade competition when making decisions about a district plan.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233671.

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Part 5Standards, policy statements, and plans
Local authority policy statements and plans: District plans

74Matters to be considered by territorial authority

  1. A territorial authority must prepare and change its district plan in accordance with—

  2. its functions under section 31; and
    1. the provisions of Part 2; and
      1. a direction given under section 25A(2); and
        1. its obligation (if any) to prepare an evaluation report in accordance with section 32; and
          1. its obligation to have particular regard to an evaluation report prepared in accordance with section 32; and
            1. a national policy statement, a New Zealand coastal policy statement, and a national planning standard; and
              1. any regulations.

                1. In addition to the requirements of section 75(3) and (4), when preparing or changing a district plan, a territorial authority shall have regard to—

                2. any—
                  1. proposed regional policy statement; or
                    1. proposed regional plan of its region in regard to any matter of regional significance or for which the regional council has primary responsibility under Part 4; and
                    2. any—to the extent that their content has a bearing on resource management issues of the district; and
                      1. management plans and strategies prepared under other Acts; and
                          1. relevant entry on the New Zealand Heritage List/Rārangi Kōrero required by the Heritage New Zealand Pouhere Taonga Act 2014; and
                            1. 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
                              1. relevant project area and project objectives (as those terms are defined in section 9 of the Urban Development Act 2020), if section 98 of that Act applies,—
                              2. the extent to which the district plan needs to be consistent with the plans or proposed plans of adjacent territorial authorities; and
                                1. any emissions reduction plan made in accordance with section 5ZI of the Climate Change Response Act 2002; and
                                  1. any national adaptation plan made in accordance with section 5ZS of the Climate Change Response Act 2002.

                                    1. A territorial authority, when preparing or changing a district plan, must take into account any relevant planning document recognised by an iwi authority and lodged with the territorial authority, to the extent that its content has a bearing on the resource management issues of the district.

                                    2. In preparing or changing any district plan, a territorial authority must not have regard to trade competition or the effects of trade competition.

                                    Notes
                                    • Section 74(1): replaced, on , for all purposes, by section 78 of the Resource Management Amendment Act 2013 (2013 No 63).
                                    • Section 74(1)(ea): inserted, on , by section 59 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                    • Section 74(2): amended, on , by section 45(2) of the Resource Management Amendment Act 2005 (2005 No 87).
                                    • Section 74(2)(a): replaced, on , by section 15(1) of the Resource Management Amendment Act 1997 (1997 No 104).
                                    • Section 74(2)(b)(ii): repealed, on , by section 31(1) of the Resource Management Amendment Act 2003 (2003 No 23).
                                    • Section 74(2)(b)(iia): inserted, on , by section 118(2) of the Historic Places Act 1993 (1993 No 38).
                                    • Section 74(2)(b)(iia): amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
                                    • Section 74(2)(b)(iii): replaced, on , by section 316(1) of the Fisheries Act 1996 (1996 No 88).
                                    • Section 74(2)(b)(iv): inserted, on , by section 300 of the Urban Development Act 2020 (2020 No 42).
                                    • Section 74(2)(d): inserted, on , by section 21 of the Resource Management Amendment Act 2020 (2020 No 30).
                                    • Section 74(2)(e): inserted, on , by section 21 of the Resource Management Amendment Act 2020 (2020 No 30).
                                    • Section 74(2A): replaced, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                                    • Section 74(3): inserted, on , by section 15(2) of the Resource Management Amendment Act 1997 (1997 No 104).
                                    • Section 74(3): amended, on , by section 58 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).