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Resource Management Act 1991

Transitional provisions - Existing uses

422: Procedure for requirements for designations and protection notices

You could also call this:

“How local councils handle old and new requests for special land use or protection”

This section explains what happens to certain requests and notices that were made before this law came into effect.

If a local authority received one of these requests or notices before the law started, and they’ve already begun a hearing about it, they’ll finish that hearing as if the old law was still in place.

If they haven’t started a hearing yet, they’ll treat the request or notice as if it’s asking for a designation or heritage order under the new law.

For other cases, the local authority will decide how to handle the request or notice. They might use the old law, the new law, or a mix of both. This decision can’t be challenged in court.

When making this decision, the local authority must follow any rules and listen to what people have to say about how to handle it.

The local authority must tell everyone involved about their decision and what they need to do because of it.

Any recommendations or decisions made about these requests or notices will work as intended, even if not everything in the new law was followed. You can appeal these decisions under the new law.

If you had the right to appeal under the old law, you can still do that.

Any appeals that were already started will either finish under the old law if they’ve already been partly heard, or be treated as if they started under the new law if they haven’t been heard yet.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240641.

Topics:
Environment and resources > Town planning
Environment and resources > Land use
Government and voting > Local councils
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Part 15 Transitional provisions
Existing uses

422Procedure for requirements for designations and protection notices

  1. This section applies to requirements and notices of the kinds referred to in sections 420(7)(b) and 421(2)(b)(ii).

  2. Where, before the date of commencement of this Act, a local authority has been notified of or served with a requirement or notice to which this section applies, and on the date of commencement of this Act, any hearing involved in the territorial authority's consideration of the requirement or notice—

  3. has commenced, the territorial authority shall proceed with that consideration and make its recommendation accordingly as if this Act had not been enacted:
    1. has not commenced, the territorial authority shall deal with the requirement or notice as if it were a requirement for a designation or heritage order, as the case may be, and the provisions of this Act shall apply accordingly.

      1. Except as provided in subsection (2), a territorial authority that has been notified of or served with a requirement or notice to which this section applies shall, as soon as reasonably practicable after the date of commencement of this Act, decide whether the requirement or notice is to be dealt with after that date—

      2. in accordance with the Town and Country Planning Act 1977; or
        1. in accordance with this Act as if the requirement or notice were a requirement for a designation or heritage order, as the case may be; or
          1. partly in accordance with that Act and otherwise in accordance with this Act,—
              1. and any such decision shall be final and not subject to appeal to or review by any court or the Environment Court.

            1. When making a decision for the purposes of subsection (3), the territorial authority shall comply with any regulations and also shall have regard to any representations made to it by the person who made the requirement or gave the notice, or any other person, as to the appropriate manner of dealing with the requirement or notice.

            2. Every territorial authority that makes a decision under subsection (3) shall ensure that written notice of—

            3. the decision; and
              1. anything that the person who made the requirement or gave the notice is required to do as a result of the decision—
                  1. is served as soon as reasonably practicable after the decision is made on every person (including the person who made the requirement or gave the notice) whom the territorial authority considers should receive notice.

                1. Any territorial authority's recommendation in respect of a requirement or a notice to which this section applies, made in accordance with this section, and any decision by—

                2. a Minister of the Crown or a local authority; or
                  1. the New Zealand Historic Places Trust constituted under the Historic Places Act 1993—
                      1. in respect of that recommendation, shall have effect according to its tenor notwithstanding that all requirements of this Act in relation to designations and heritage orders and requirements therefor may not have been complied with, and any such decision may be appealed against in accordance with this Act accordingly.

                    1. A person who, if this Act had not been enacted, has a right of appeal under section 118(7) or section 125B(8) of the Town and Country Planning Act 1977 in respect of a decision on a requirement or a protection notice may continue to exercise that right.

                    2. Any appeal to the Environment Court—

                    3. under section 118(7) of the Town and Country Planning Act 1977 in respect of a decision on a requirement; or
                      1. under section 125B(8) of that Act in respect of a decision on a protection notice; or
                        1. under subsection (7)—
                            1. shall be continued and completed—
                          1. where the appeal has been wholly or partly heard, as if the enactments repealed by this Act continued in force; and
                            1. in every other case, as if the appeal had been commenced under this Act, which shall apply accordingly.

                              Notes
                              • Section 422(3): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                              • Section 422(6)(b): amended, on , pursuant to section 118(1) of the Historic Places Act 1993 (1993 No 38).
                              • Section 422(8): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).