Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Designations and heritage orders - Designations

172: Decision of requiring authority

You could also call this:

“A group decides if they agree with suggestions about their plans and explains why”

When a requiring authority gets a recommendation from a territorial authority about a requirement, they have 30 working days to decide what to do. You need to tell the territorial authority if you accept or reject their recommendation, either completely or partly.

If you want to change the requirement, you can only do it if the territorial authority suggested the change, or if the change doesn’t go against what was originally proposed.

If you decide to reject the recommendation, even if it’s just part of it, or if you change the requirement, you have to explain why you made that decision.

All of this is part of the process described in section 171 of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236247.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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171: Recommendation by territorial authority, or

“The local council looks at how a project might affect the area and suggests what to do about it.”

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173: Notification of decision on designation, or

“The council must tell people about the decision on a designation and how they can appeal it.”

Part 8 Designations and heritage orders
Designations

172Decision of requiring authority

  1. Within 30 working days of the day on which it receives a territorial authority's recommendation under section 171, a requiring authority shall advise the territorial authority whether the requiring authority accepts or rejects the recommendation in whole or in part.

  2. A requiring authority may modify a requirement if, and only if, that modification is recommended by the territorial authority or is not inconsistent with the requirement as notified.

  3. Where a requiring authority rejects the recommendation in whole or in part, or modifies the requirement, the authority shall give reasons for its decision.