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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:

“What a declaration means for your rights and duties under the Resource Management Act”

A declaration can state if you have a certain power or duty under the Resource Management Act. It can also say if a rule in a plan is consistent with a national policy statement or a water conservation order. You can check if an activity is allowed under the Act by looking at section 10 or section 20A.

A declaration can decide if a territorial authority is making progress with a designation as required by section 184A. It can also clarify the boundary of the coastal marine area where it crosses a river. The declaration can cover many issues related to the interpretation and administration of the Resource Management Act, except for some specific sections like sections 95 to 95G.

You can find more information about what a declaration can cover in section 379 of the Act. This section explains what matters can be included in a declaration. A declaration is an important tool for clarifying your rights and duties under the Resource Management Act.

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Environment and resources > Conservation Environment and resources > Town planning
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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).