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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 order changes to a local council's draft plans if they don't follow the rules.”

The Environment Court can tell a local authority to change a proposed policy statement or plan. You might be wondering what this means - a proposed policy statement or plan is like a draft plan that a local authority is considering. The court can do this after it has heard an appeal or looked into the plan. The local authority must then make the changes, talk to the people involved about the changes, and send the changes back to the court to be confirmed.

The court must explain why it is telling the local authority to make changes. The court can also give directions about what changes to make. If the proposed policy statement or plan does not follow a national policy statement, a New Zealand coastal policy statement, a national planning standard, or a regional policy statement, the court can allow it to stay that way if the difference is small and does not change the overall plan.

When the court says a plan “departs” from something, it means the plan does not follow the rules or is inconsistent with another plan. The court can look at a plan to see if it follows the rules, such as a national policy statement or a regional plan. If the plan does not follow the rules, the court can tell the local authority to change it. You can learn more about the rules the court follows by looking at the Resource Management Act 1991 and the Resource Legislation Amendment Act 2017.

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This page was last updated on

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 Government and voting > Local councils
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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).