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Resource Management Act 1991

Designations and heritage orders - Designations

171: Recommendation by territorial authority

You could also call this:

“Council's say on plans that affect the environment”

When you are looking at a requirement, a territorial authority must not think about trade competition. They must think about how the environment will be affected if the requirement is allowed, considering things like national policy statements and regional policy statements, as stated in Part 2. They also think about whether the work is really needed and if there are other ways to do it.

The territorial authority can tell the requiring authority to confirm, modify, or withdraw the requirement, or to add conditions to it, but there are some exceptions, like when the requiring authority is the Minister of Education or the Minister of Defence, as defined in section 108(9). They must give reasons for their decision. You should know that the territorial authority’s job is to make a recommendation on the requirement. The territorial authority thinks about the good and bad effects on the environment when making their decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236241.

Topics:
Environment and resources > Conservation Environment and resources > Town planning Government and voting > Local councils
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"A group decides if they agree with suggestions about their plans and explains why"

Part 8 Designations and heritage orders
Designations

171Recommendation by territorial authority

  1. When considering a requirement and any submissions received, a territorial authority must not have regard to trade competition or the effects of trade competition.

  2. When considering a requirement and any submissions received, a territorial authority must, subject to Part 2, consider the effects on the environment of allowing the requirement, having particular regard to—

  3. any relevant provisions of—
    1. a national policy statement:
      1. a New Zealand coastal policy statement:
        1. a regional policy statement or proposed regional policy statement:
          1. a plan or proposed plan; and
          2. whether adequate consideration has been given to alternative sites, routes, or methods of undertaking the work if—
            1. the requiring authority does not have an interest in the land sufficient for undertaking the work; or
              1. it is likely that the work will have a significant adverse effect on the environment; and
              2. whether the work and designation are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought; and
                1. any other matter the territorial authority considers reasonably necessary in order to make a recommendation on the requirement.

                  1. The effects to be considered under subsection (1) may include any positive effects on the environment to offset or compensate for any adverse effects on the environment that will or may result from the activity enabled by the designation, as long as those effects result from measures proposed or agreed to by the requiring authority.

                  2. The territorial authority may recommend to the requiring authority that it—

                  3. confirm the requirement:
                    1. modify the requirement:
                      1. impose conditions:
                        1. withdraw the requirement.

                          1. However, if the requiring authority is the Minister of Education or the Minister of Defence, the territorial authority may not recommend imposing a condition requiring a financial contribution (as defined in section 108(9)).

                          2. The territorial authority must give reasons for its recommendation under subsection (2).

                          Notes
                          • Section 171: replaced, on , by section 63 of the Resource Management Amendment Act 2003 (2003 No 23).
                          • Section 171(1A): inserted, on , by section 104 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                          • Section 171(1B): inserted, on , by section 159 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                          • Section 171(2A): inserted, on , by section 58 of the Resource Management Amendment Act 2020 (2020 No 30).