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Resource Management Act 1991

Standards, policy statements, and plans - Miscellaneous matters

85: Environment Court may give directions in respect of land subject to controls

You could also call this:

“ The court can tell people to change land rules if they are too strict and unfair for landowners. ”

This law says that if a plan affects your land, you can’t claim that it’s been taken or harmed unless the law says so. But if you think a plan rule makes it impossible to use your land in a reasonable way, you can challenge it. You can do this when the plan is being made or changed.

If you challenge a plan rule, the Environment Court can look at your case. If they agree with you, they can tell the local council to change the rule or buy your land. But they can only tell the council to buy your land if you agree and if you owned the land before the rule was made.

For coastal plans, the court can tell the regional council and the Minister of Conservation what they found and ask the council to change the rule.

The court has to think about other parts of the law before they make a decision. They also need to make sure the rule really does make it impossible to use your land and that it’s not fair on you.

The court’s decision works like it was made as part of the normal plan-making process. This law doesn’t change the court’s other powers when people appeal plans.

‘Reasonable use’ of land means using it in a way that doesn’t have a big effect on the environment or other people. This law doesn’t apply to heritage orders or designations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233831.

Topics:
Housing and property > Land use
Environment and resources > Town planning
Government and voting > Local councils
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84: Local authorities to observe their own policy statements and plans, or

“Local councils must follow and make sure others follow their own rules and plans”

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85A: Plan or proposed plan must not include certain rules, or

“ Plans can't allow activities that might harm special Māori rights in coastal areas. ”

Part 5 Standards, policy statements, and plans
Miscellaneous matters

85Environment Court may give directions in respect of land subject to controls

  1. An interest in land shall be deemed not to be taken or injuriously affected by reason of any provision in a plan unless otherwise provided for in this Act.

  2. Notwithstanding subsection (1), any person having an interest in land to which any provision or proposed provision of a plan or proposed plan applies, and who considers that the provision or proposed provision would render that interest in land incapable of reasonable use, may challenge that provision or proposed provision on those grounds—

  3. in a submission made under Schedule 1 in respect of a proposed plan or change to a plan; or
    1. in an application to change a plan made under clause 21 of Schedule 1.

      1. Subsection (3A) applies in the following cases:

      2. on an application to the Environment Court to change a plan under clause 21 of Schedule 1:
        1. on an appeal to the Environment Court in relation to a provision of a proposed plan or change to a plan.

          1. The Environment Court, if it is satisfied that the grounds set out in subsection (3B) are met, may,—

          2. in the case of a plan or proposed plan (other than a regional coastal plan or proposed regional coastal plan), direct the local authority to do whichever of the following the local authority considers appropriate:
            1. modify, delete, or replace the provision in the plan or proposed plan in the manner directed by the court:
              1. acquire all or part of the estate or interest in the land under the Public Works Act 1981, as long as—
                1. the person with an estate or interest in the land or part of it agrees; and
                  1. the requirements of subsection (3D) are met; and
                2. in the case of a regional coastal plan or proposed regional coastal plan,—
                  1. report its findings to the applicant, the regional council concerned, and the Minister of Conservation; and
                    1. include a direction to the regional council to modify, delete, or replace the provision in the manner directed by the court.

                    2. The grounds are that the provision or proposed provision of a plan or proposed plan—

                    3. makes any land incapable of reasonable use; and
                      1. places an unfair and unreasonable burden on any person who has an interest in the land.

                        1. Before exercising its jurisdiction under subsection (3A), the Environment Court must have regard to—

                        2. Part 3 (including the effect of section 9(3); and
                          1. the effect of subsection (1) of this section.

                            1. The Environment Court must not give a direction under subsection (3A)(a)(ii) unless—

                            2. the person with the estate or interest in the land or part of the land concerned (or the spouse, civil union partner, or de facto partner of that person)—
                              1. had acquired the estate or interest in the land or part of it before the date on which the provision or proposed provision was first notified or otherwise included in the relevant plan or proposed plan; and
                                1. the provision or proposed provision remained in substantially the same form; and
                                2. the person with the estate or interest in the land or part of the land consents to the giving of the direction.

                                  1. Any direction given or report made under subsection (3A) has effect under this Act as if it were made or given under clause 15 of Schedule 1.

                                  2. Nothing in subsections (3) to (3D) limits the powers of the Environment Court under clause 15 of Schedule 1 on an appeal under clause 14 of that schedule.

                                  3. In this section,—

                                    provision of a plan or proposed plan does not include a designation or a heritage order or a requirement for a designation or a heritage order

                                      reasonable use, in relation to land, includes the use or potential use of the land for any activity whose actual or potential effects on any aspect of the environment or on any person (other than the applicant) would not be significant.

                                      1. Repealed
                                      Notes
                                      • Section 85 heading: replaced, on , by section 68(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                      • Section 85(2)(a): amended, on , by section 68(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                      • Section 85(2)(b): amended, on , by section 43(1)(b) of the Resource Management Amendment Act 1993 (1993 No 65).
                                      • Section 85(3): replaced, on , by section 68(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                      • Section 85(3A): inserted, on , by section 68(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                      • Section 85(3B): inserted, on , by section 68(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                      • Section 85(3C): inserted, on , by section 68(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                      • Section 85(3D): inserted, on , by section 68(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                      • Section 85(4): replaced, on , by section 68(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                      • Section 85(5): replaced, on , by section 68(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                      • Section 85(6): replaced, on , by section 68(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                      • Section 85(7): repealed, on , by section 68(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).