Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

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

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

You could also call this:

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

When the Environment Court makes a decision about certain appeals or applications related to recognition orders and agreements under the Marine and Coastal Area (Takutai Moana) Act 2011, it must follow specific rules.

The court has to make its decision based on the rules in clause 15 of Schedule 1. They also need to think about the things mentioned in section 85B(2).

If someone makes an application under section 85B(1)(c), they need to follow the rules in section 291. They also have to give a copy of their application to all the relevant local councils.

These rules apply to decisions about appeals on submissions or requests made under section 85B(1)(a) or section 85B(1)(b), and applications made under section 85B(1)(c).

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238254.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
Māori affairs > Māori land
Previous

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.”

Next

294: Review of decision by court, or

“The court can look at a case again if there's new information or things have changed.”

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

293ADeterminations on recognition orders and agreements made under Marine and Coastal Area (Takutai Moana) Act 2011

  1. This section applies to a determination made by the Environment Court on—

  2. an appeal relating to—
    1. a submission made in reliance on section 85B(1)(a):
      1. a request made in reliance on section 85B(1)(b):
      2. an application made under section 85B(1)(c).

        1. The Environment Court must—

        2. determine the matters referred to in subsection (1) in accordance with clause 15 of Schedule 1; and
          1. consider the matters set out in section 85B(2).

            1. An application made under section 85B(1)(c) must be—

            2. made in accordance with section 291; and
              1. without limiting the discretion as to service under section 291, served on every relevant local authority.

                Notes
                • Section 293A: inserted, on , by section 29 of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
                • Section 293A heading: replaced, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).