Resource Management Act 1991

Proposals of national significance - Minister may make direction in relation to matter - Matter lodged with local authority

143: Restriction on when local authority may request call in

You could also call this:

“The local authority can only ask the Minister to step in after talking to the community about changes to plans.”

You can’t ask the Minister to call in a matter unless you’ve done some important things first. These things are:

  1. You need to follow the consultation steps in clauses 2, 3, and 4 of Schedule 1 if they apply to your situation.

  2. You also need to follow clause 5(1)(a) of Schedule 1.

This rule applies when you want to make changes to a plan or regional policy statement that you’ve suggested under clause 2 of Schedule 1. It also applies if you want to make a variation to a proposed plan or regional policy statement.

Remember, this rule is the same whether you’re acting as an applicant or as a local authority.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235404.

Topics:
Environment and resources > Town planning
Government and voting > Local councils

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144: Restriction on when Minister may call in matter, or

“The Minister can only step in to make decisions about local matters within certain time limits”

Part 6AA Proposals of national significance
Minister may make direction in relation to matter: Matter lodged with local authority

143Restriction on when local authority may request call in

  1. A local authority (whether acting as an applicant or a local authority) may not make a request to the Minister in respect of either of the following matters unless it has complied with the consultation provisions in clauses 2, 3, and, if relevant, 4 of Schedule 1, and with clause 5(1)(a) of Schedule 1, in relation to the matter:

  2. a change to a plan or regional policy statement proposed by the local authority under clause 2 of Schedule 1; or
    1. a variation to a proposed plan or regional policy statement.
      Notes
      • Section 143: replaced, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
      • Section 143: amended, on , for all purposes, by section 79 of the Resource Management Amendment Act 2013 (2013 No 63).
      • Section 143(a): amended, on , by section 43 of the Resource Management Amendment Act 2020 (2020 No 30).
      • Section 143(b): amended, on , by section 43 of the Resource Management Amendment Act 2020 (2020 No 30).