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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Declarations

310: Scope and effect of declaration

You could also call this:

“This explains what can be officially declared about how the law works and what actions are allowed or not allowed.”

A declaration can state various things about the Resource Management Act 1991. It can explain what functions, powers, rights, or duties exist under this Act. This includes duties to prepare and consider evaluation reports, as well as duties imposed by section 55.

The declaration can also say if a regional policy statement doesn’t follow a national policy statement, New Zealand coastal policy statement, or national planning standard. It can point out if a regional policy statement doesn’t match a water conservation order.

For regional plans, the declaration can say if they don’t follow national or regional policy statements, coastal policy statements, or national planning standards. It can also say if they conflict with water conservation orders, other regional plans, or fishing decisions.

For district plans, it can say if they don’t follow national or regional policy statements, coastal policy statements, or national planning standards. It can also say if they conflict with water conservation orders or regional plans.

The declaration can state if an action breaks the Act, its regulations, or rules in plans. It can say what kind of activity something is (like permitted or prohibited). It can also define where the coastal marine area starts on a river.

The declaration can say if a territorial authority is making good progress on a designation. It can explain things deemed to be plans or rules. Lastly, it can clarify any other issues about understanding or enforcing the Act, except for some specific sections about notifications.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238510.

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Part 12 Declarations, enforcement, and ancillary powers
Declarations

310Scope and effect of declaration

  1. A declaration may declare—

  2. the existence or extent of any function, power, right, or duty under this Act, including (but, except as expressly provided, without limitation)—
    1. any duty under this Act to prepare and have particular regard to an evaluation report or to undertake and have particular regard to a further evaluation or imposed by section 32 or 32AA (other than any duty in relation to a plan or proposed plan or any provision of a plan or proposed plan); and
      1. any duty imposed by section 55; or
      2. whether, contrary to section 62(3), a provision or proposed provision of a regional policy statement—
        1. does not, or is not likely to, give effect to a provision or proposed provision of a national policy statement or New Zealand coastal policy statement or a national planning standard; or
          1. is, or is likely to be, inconsistent with a water conservation order; or
          2. whether a provision or proposed provision of a regional plan,—
            1. contrary to section 67(3), does not, or is not likely to, give effect to a provision or proposed provision of a national policy statement, New Zealand coastal policy statement, or regional policy statement for the region or a relevant provision or proposed provision of a national planning standard; or
              1. contrary to section 67(4), is, or is likely to be, inconsistent with a water conservation order, any other regional plan for the region, or a determination or reservation of the chief executive of the Ministry of Fisheries made under section 186E of the Fisheries Act 1996; or
              2. whether a provision or proposed provision of a district plan,—
                1. contrary to section 75(3), does not, or is not likely to, give effect to a provision or proposed provision of a national policy statement, New Zealand coastal policy statement, or regional policy statement or a relevant provision or proposed provision of a national planning standard; or
                  1. contrary to section 75(4), is, or is likely to be, inconsistent with a water conservation order or a regional plan for any matter specified in section 30(1); or
                  2. whether or not an act or omission, or a proposed act or omission, contravenes or is likely to contravene this Act, regulations made under this Act, or a rule in a plan or proposed plan, a requirement for a designation or for a heritage order, or a resource consent; or
                    1. whether or not an act or omission, or a proposed act or omission, is a permitted activity, controlled activity, discretionary activity, non-complying activity, or prohibited activity, or breaches section 10 (certain activities protected) or section 20A (certain existing lawful activities allowed); or
                      1. the point at which the landward boundary of the coastal marine area crosses any river; or
                        1. whether or not a territorial authority has made and is continuing to make substantial progress or effort towards giving effect to a designation as required by section 184A; or
                          1. the matters provided for in section 379 (provisions deemed to be plans or rules in plans); or
                            1. any other issue or matter relating to the interpretation, administration, and enforcement of this Act, except for an issue as to whether any of sections 95 to 95G have been, or will be contravened.

                              Notes
                              • Section 310(a): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                              • Section 310(a)(i): amended, on , for all purposes, by section 81 of the Resource Management Amendment Act 2013 (2013 No 63).
                              • Section 310(b): replaced, on , by section 115(1) of the Resource Management Amendment Act 2005 (2005 No 87).
                              • Section 310(b)(i): amended, on , by section 110(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                              • Section 310(ba): inserted, on , by section 115(1) of the Resource Management Amendment Act 2005 (2005 No 87).
                              • Section 310(ba)(i): amended, on , by section 110(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                              • Section 310(bb): inserted, on , by section 115(1) of the Resource Management Amendment Act 2005 (2005 No 87).
                              • Section 310(bb)(i): amended, on , by section 110(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                              • Section 310(c): amended, on , by section 82(2) of the Resource Management Amendment Act 2003 (2003 No 23).
                              • Section 310(d): amended, on , by section 95 of the Resource Management Amendment Act 2003 (2003 No 23).
                              • Section 310(e): amended, on , by section 138(1) of the Resource Management Amendment Act 1993 (1993 No 65).
                              • Section 310(f): inserted, on , by section 138(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                              • Section 310(g): inserted, on , by section 138(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                              • Section 310(g): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                              • Section 310(h): inserted, on , by section 82(3) of the Resource Management Amendment Act 2003 (2003 No 23).
                              • Section 310(h): amended, on , by section 54 of the Resource Management Amendment Act 2013 (2013 No 63).