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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:

“The court can tell councils to fix mistakes or fill in gaps in their plans without going through a long process.”

The Environment Court can tell a local authority to change a regional or district plan if there’s a problem with it. This can happen during any court case about the plan. The court can ask for changes to fix mistakes, clear up anything that’s not certain, or make sure the plan works properly.

If the Environment Court tells a local authority to make these changes, the local authority must do it. They don’t need to use the usual process in Schedule 1 to make these changes. This means they can fix the plan more quickly than usual.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238244.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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291: Other proceedings before court, or

“This part explains how people can start a case in the Environment Court and what they need to do.”

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293: Environment Court may order change to proposed policy statements and plans, or

“The Environment Court can tell the local council to change plans or rules for the environment if they need fixing.”

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).