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Resource Management Act 1991

Designations and heritage orders - Designations

170: Discretion to include requirement in proposed plan

You could also call this:

“The council can add a requirement to a plan if they get permission from the person who asked for it.”

When a territorial authority receives a notice about a requirement under section 168, they have some choices about how to handle it. If they plan to notify people about a proposed plan within 40 working days of getting the requirement, they can ask the requiring authority if it’s okay to include the requirement in the proposed plan. This means they don’t have to follow section 169.

To get permission for this, the territorial authority needs to tell the requiring authority which planning process they want to use under Schedule 1. They also need to ask if it’s okay to use that process for looking at the requirement.

If a territorial authority gets a notice of requirement under section 168 and within 40 working days wants to ask the responsible Minister to use a faster planning process under section 80C, they can do something similar. If the requiring authority agrees, the territorial authority can include the requirement in their application to the Minister, along with other things that will be in the proposed planning document. This means they don’t have to follow section 169 either.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236240.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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Part 8 Designations and heritage orders
Designations

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
    1. seek the consent of the requiring authority to use that planning process for considering the requirement.

        1. Repealed

        2. Repealed

        3. Repealed

        4. Repealed

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

        6. receives a notice of requirement under section 168; and
          1. 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.

            1. 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.

            Notes
            • Section 170(1): amended, on , by section 97(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
            • Section 170(2): inserted, on , by section 97(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
            • Section 170(2): amended, on , by section 57(1) of the Resource Management Amendment Act 2020 (2020 No 30).
            • Section 170(2)(b): replaced, on , by section 57(2) of the Resource Management Amendment Act 2020 (2020 No 30).
            • Section 170(2)(c): repealed, on , by section 57(2) of the Resource Management Amendment Act 2020 (2020 No 30).
            • Section 170(3) heading: repealed, on , by section 57(3) of the Resource Management Amendment Act 2020 (2020 No 30).
            • Section 170(3): repealed, on , by section 57(3) of the Resource Management Amendment Act 2020 (2020 No 30).
            • Section 170(4): repealed, on , by section 57(3) of the Resource Management Amendment Act 2020 (2020 No 30).
            • Section 170(5): repealed, on , by section 57(3) of the Resource Management Amendment Act 2020 (2020 No 30).
            • Section 170(6): repealed, on , by section 57(3) of the Resource Management Amendment Act 2020 (2020 No 30).
            • Section 170(7): inserted, on , by section 97(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
            • Section 170(8): inserted, on , by section 97(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).