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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:

“If a plan doesn't follow the rules for protecting special rights, here's how you can ask for changes”

If you are part of a group with protected customary rights and you think a rule in a plan doesn’t follow section 85A, you have some options. You can tell the local authority what you think, ask for a change to the plan, or go to the Environment Court to ask for a change.

When deciding if a rule follows section 85A, the local authority or Environment Court will look at a few things. They’ll think about how the activity might affect your protected customary rights. They’ll also look at where the activity would happen and if it’s in the same place as your rights. They’ll consider if the activity or your rights need to be done without other things happening at the same time. Lastly, they’ll check if your rights can only be used in one specific 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.

Topics:
Environment and resources > Conservation
Environment and resources > Land use
Government and voting > Local councils
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

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).