170Discretion to include requirement in proposed plan

1. If a territorial authority is given notice of a requirement under section 168, and proposes to notify a proposed plan under clause 5 of Schedule 1 within 40 working days of receipt of that requirement, the territorial authority may, with the consent of the requiring authority, include the requirement in its proposed plan instead of complying with section 169.

2. To obtain consent for the purposes of subsection (1) or (8), the territorial authority must—

3. notify the requiring authority as to which planning process it intends to use under Schedule 1; and
4. seek the consent of the requiring authority to use that planning process for considering the requirement.

6. Repealed

7. Repealed

8. Repealed

9. Repealed

10. Subsection (8) applies if a territorial authority—

11. receives a notice of requirement under section 168; and
12. within 40 working days of receiving that notice of requirement, proposes to apply to the responsible Minister under section 80C for a direction to use a streamlined planning process.

13. If this subsection applies, the territorial authority may, if the requiring authority consents, include in its application to the responsible Minister the requirement as well as the matters that will be the subject of the proposed planning instrument, instead of complying with section 169.