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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

85B: Process to apply if plan or proposed plan does not comply with section 85A

You could also call this:

“What to do if a plan's rules don't follow the law about protecting special Maori rights”

If you think a rule in a plan does not comply with section 85A, you can make a submission to the local authority under clause 6 of Schedule 1. You can also request a change under clause 21 of Schedule 1. Another option is to apply to the Environment Court in accordance with section 293A(3) for a change to a rule in the plan.

When a local authority or the Environment Court looks at whether a rule complies with section 85A, they must think about how the activity will affect your protected customary right. They must also consider the area where the activity will happen and how it will affect your right to use that area.

They need to think about whether the activity or your protected customary right must be done in a way that excludes other activities. They also need to consider whether your protected customary right can only be done in a particular area.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233842.

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

85BProcess to apply if plan or proposed plan does not comply with section 85A

  1. If a protected customary rights group considers that a rule in a plan or proposed plan does not comply with section 85A, the holder may—

  2. make a submission to the local authority concerned under clause 6 of Schedule 1; or
    1. request a change under clause 21 of Schedule 1; or
      1. apply to the Environment Court in accordance with section 293A(3) for a change to a rule in the plan or proposed plan.

        1. A local authority or the Environment Court, as the case may be, in determining whether or not a rule in a plan or proposed plan complies with section 85A, must consider the following matters:

        2. the effects of the proposed activity on the exercise of a protected customary right; and
          1. the area that the proposed activity would have in common with the protected customary right; and
            1. the degree to which the proposed activity must be carried out to the exclusion of other activities; and
              1. the degree to which the exercise of a protected customary right must be carried out to the exclusion of other activities; and
                1. whether the protected customary right can be exercised only in a particular area.

                  Notes
                  • Section 85B: inserted, on , by section 21 of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
                  • Section 85B(1): amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                  • Section 85B(1)(a): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                  • Section 85B(2)(a): replaced, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                  • Section 85B(2)(b): amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                  • Section 85B(2)(d): amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                  • Section 85B(2)(e): amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).