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Resource Management Act 1991

Standards, policy statements, and plans - Miscellaneous matters

82: Disputes

You could also call this:

"Resolving disagreements about rules and plans"

If you have a dispute about some rules, a Minister or local authority can send it to the Environment Court. The court will make a decision to resolve the matter. You can dispute things like whether a regional plan is consistent with a national policy.

If the court thinks there is an inconsistency, it will order the authority to change the plan using the process in Schedule 1. The court will also order a change if a plan does not follow a national policy, and it must be amended according to section 55 or 58I. However, the court does not have to make an order if the inconsistency is minor.

The court will consider whether a plan is following the rules by looking at things like directions in section 55(2) and section 58I(2). This helps the court decide if the plan is consistent with national policies. You should know that the court's decision will help resolve the dispute about the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233824.

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Part 5Standards, policy statements, and plans
Miscellaneous matters

82Disputes

  1. Subsection (2) applies if there is a dispute about—

  2. whether there is an inconsistency between a water conservation order and a regional policy statement or a plan; or
    1. whether there is an inconsistency between a regional policy statement or a regional plan and a district plan (including any rules of a plan) on a matter of regional significance; or
      1. whether a regional policy statement or a plan gives effect to a national policy statement or New Zealand coastal policy statement or a national planning standard.

        1. A Minister or local authority responsible for a relevant national policy statement, New Zealand coastal policy statement, a national planning standard, policy statement, plan, or order may refer a dispute to the Environment Court for a decision resolving the matter.

        2. If a dispute about whether there is an inconsistency described in subsection (1)(a) or (b) is referred to the court, and the court considers that there is an inconsistency, the court must order the authority responsible for the policy statement or plan to remove the inconsistency by initiating a change to the policy statement or plan using the process in Schedule 1.

        3. If a dispute about whether a regional policy statement or a plan gives effect to a national policy statement or New Zealand coastal policy statement or a national planning standard is referred to the court, and the court considers that the policy statement or plan does not give effect to the other policy statement or a national planning standard, the court must order the authority responsible for the policy statement or plan to amend it in accordance with section 55 or 58I.

        4. However, the court does not need to make an order under subsection (3) or (4) if it considers that the inconsistency, or failure to give effect to the other policy statement or a national planning standard, is of minor significance that does not affect the general intent and purpose of the policy statement, national planning standard, plan, or water conservation order concerned.

        5. To avoid doubt, giving effect to a policy statement includes giving effect to it by complying with a direction described in section 55(2), and giving effect to the national planning standard includes giving effect to it by complying with section 58I(2).

        Notes
        • Section 82: replaced, on , by section 36 of the Resource Management Amendment Act 2003 (2003 No 23).
        • Section 82(1)(c): amended, on , by section 67(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
        • Section 82(2): amended, on , by section 67(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
        • Section 82(3): replaced, on , by section 67 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
        • Section 82(4): inserted, on , by section 67 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
        • Section 82(4): amended, on , by section 67(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).
        • Section 82(4): amended, on , by section 67(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).
        • Section 82(4): amended, on , by section 67(5) of the Resource Legislation Amendment Act 2017 (2017 No 15).
        • Section 82(5): inserted, on , by section 67 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
        • Section 82(5): amended, on , by section 67(6) of the Resource Legislation Amendment Act 2017 (2017 No 15).
        • Section 82(5): amended, on , by section 67(7) of the Resource Legislation Amendment Act 2017 (2017 No 15).
        • Section 82(6): inserted, on , by section 67 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
        • Section 82(6): amended, on , by section 67(8) of the Resource Legislation Amendment Act 2017 (2017 No 15).