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Resource Management Act 1991

Standards, policy statements, and plans - Miscellaneous matters - Plan must not allow activity that prevents protected customary rights

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

You could also call this:

“Plans must protect special Māori rights and not allow activities that hurt them.”

A plan or proposed plan must not include a rule that says an activity is allowed if it will hurt a protected customary right. You need to think about activities that are carried out under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011. If an activity will have a big adverse effect on a protected customary right, it cannot be described as a permitted activity.

If an activity is likely to have more than a minor adverse effect on a protected customary right, it also cannot be described as a permitted activity. This means you have to consider how activities might affect protected customary rights when creating a plan. The plan must not allow activities that will have a significant adverse effect on these rights, as outlined in the Marine and Coastal Area (Takutai Moana) Act 2011.

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Topics:
Environment and resources > Town planning Māori affairs > Māori land
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Part 5 Standards, policy statements, and plans
Miscellaneous matters: Plan must not allow activity that prevents protected customary rights

85APlan or proposed plan must not include certain rules

  1. A plan or proposed plan must not include a rule that describes an activity as a permitted activity if that activity will, or is likely to, have an adverse effect that is more than minor on a protected customary right carried out under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011.

Notes
  • Section 85A: inserted, on , by section 21 of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
  • Section 85A: amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).