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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:

"Decisions about coastal area appeals and applications under the Marine and Coastal Area Act"

When the Environment Court makes a decision about an appeal or application related to the Marine and Coastal Area (Takutai Moana) Act 2011, this section applies to you. You need to know the Environment Court's decision is about a submission or request made under section 85B(1)(a) or section 85B(1)(b), or an application made under section 85B(1)(c). The Court's decision is also about an application made under section 85B(1)(c).

The Environment Court must decide on the matters in accordance with clause 15 of Schedule 1 and consider the matters set out in section 85B(2). You should be aware that the Court's decision is based on these rules. When you make an application under section 85B(1)(c), it must be made in accordance with section 291 and served on every relevant local authority.

When you make an application, it must be served on every relevant local authority, without limiting the discretion as to service under section 291. You must follow the rules set out in section 291 when making an application. The application is an important part of the process, and you must serve it on the right people.

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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 > ConservationEnvironment and resources > Town planning
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293: Environment Court may order change to proposed policy statements and plans, or

"The Environment Court can order changes to a local council's draft plans if they don't follow the rules."

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294: Review of decision by court, or

"Asking the court to rethink its decision"

Part 11Environment 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).