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Resource Management Act 1991

Environment Court - Court's powers in regard to plans and policy statements

292: Remedying defects in plans

You could also call this:

“Fixing mistakes in local council plans”

The Environment Court can tell a local authority to change a regional or district plan if there is a problem with it. You might need to fix a mistake, defect, or something that is not clear in the plan. The local authority must make the changes without using the usual process outlined in the Schedule 1 rules. The Environment Court wants to make sure the plan works properly. When the local authority gets a direction to make changes, they have to do what the court says.

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Topics:
Environment and resources > Town planning Government and voting > Local councils
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Part 11 Environment Court
Court's powers in regard to plans and policy statements

292Remedying defects in plans

  1. The Environment Court may, in any proceedings before it, direct a local authority to amend a regional plan or district plan to which the proceedings relate for the purpose of—

  2. remedying any mistake, defect, or uncertainty; or
    1. giving full effect to the plan.

      1. The local authority to whom a direction is made under subsection (1) shall comply with the direction without using the process in Schedule 1.

      Notes
      • Section 292(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
      • Section 292(2): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).