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Resource Management Act 1991

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

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

You could also call this:

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

The Environment Court can make changes to proposed policy statements or plans after hearing appeals or inquiries about them. Here’s what the court can do:

You can expect the court to tell the local authority to make changes to address issues it has found. The local authority will need to talk to the people the court tells them to about these changes. Then, they have to give the changes back to the court for approval.

The court will explain why it’s asking for these changes. It can also give more detailed instructions about what needs to be fixed.

Sometimes, the court might find that a proposed policy statement or plan doesn’t match up with other important documents. These could be national policies, coastal policies, planning standards, regional policies, plans, or water conservation orders. If this happens, the court can let small differences stay if they don’t really change the main idea of the proposed statement or plan.

When we say something ‘departs’ from these other documents, we mean it either doesn’t put their ideas into action properly, or it goes against what they say.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238246.

Topics:
Environment and resources > Town planning
Environment and resources > Conservation
Government and voting > Local councils
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292: Remedying defects in plans, or

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

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293A: Determinations on recognition orders and agreements made under Marine and Coastal Area (Takutai Moana) Act 2011, or

“The Environment Court decides on appeals and requests about special coastal areas.”

Part 11 Environment Court
Court's powers in regard to plans and policy statements

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

  1. After hearing an appeal against, or an inquiry into, the provisions of any proposed policy statement or plan that is before the Environment Court, the court may direct the local authority to—

  2. prepare changes to the proposed policy statement or plan to address any matters identified by the court:
    1. consult the parties and other persons that the court directs about the changes:
      1. submit the changes to the court for confirmation.

        1. The court—

        2. must state its reasons for giving a direction under subsection (1); and
          1. may give directions under subsection (1) relating to a matter that it directs to be addressed.

            1. Subsection (4) applies if the Environment Court finds that a proposed policy statement or plan that is before the court departs from—

            2. a national policy statement:
              1. a New Zealand coastal policy statement:
                1. a national planning standard:
                  1. a relevant regional policy statement:
                    1. a relevant regional plan:
                      1. a water conservation order.

                        1. The Environment Court may allow a departure to remain if it considers that it is of minor significance and does not affect the general intent and purpose of the proposed policy statement or plan.

                        2. In subsections (3) and (4), departs and departure mean that a proposed policy statement or plan—

                        3. does not give effect to a national policy statement, a New Zealand coastal policy statement, a national planning standard, or a relevant regional policy statement; or
                          1. is inconsistent with a relevant regional plan or water conservation order.

                            Notes
                            • Section 293: replaced, on , by section 107 of the Resource Management Amendment Act 2005 (2005 No 87).
                            • Section 293 heading: amended, on , by section 133(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                            • Section 293(1): amended, on , by section 133(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                            • Section 293(1)(a): amended, on , by section 133(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                            • Section 293(3): amended, on , by section 133(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                            • Section 293(3)(b): amended, on , by section 108(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                            • Section 293(3)(ba): inserted, on , by section 108(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                            • Section 293(4): amended, on , by section 133(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                            • Section 293(5): amended, on , by section 133(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                            • Section 293(5)(a): amended, on , by section 108(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).