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Resource Management Act 1991

Proposals of national significance - Miscellaneous provisions - Process after decision of board of inquiry or court on certain matters

149W: Local authority to implement decision of board or court about proposed regional plan or change or variation

You could also call this:

“ The local council must make changes to plans or policies when a special group or court tells them to. ”

When a board of inquiry or the Environment Court looks at a proposed regional plan, a change to a plan, a change to a regional policy statement, or variations to these, and decides that changes must be made, the local authority has to do certain things.

As soon as possible after the local authority gets notice of the decision, they need to make the changes to the plan or policy statement. They do this using a specific part of the law called clause 16(1) of Schedule 1.

If the decision is about a proposed regional plan or changes to a district or regional plan (except a regional coastal plan) or a regional policy statement, the local authority needs to approve it and make it official. They do this by telling the public about it.

If the decision is about changes to a regional coastal plan, the local authority needs to adopt the changes and send the plan to the Minister of Conservation for approval. After the Minister approves it, the local authority makes it official by telling the public.

When the local authority sends the plan to the Minister of Conservation, they need to read clause 19 of Schedule 1 as if it’s talking about a decision from the Environment Court or a board of inquiry, not just the Environment Court.

If a board of inquiry or the Environment Court confirms a requirement under this part of the law, the local authority must follow section 175.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2417795.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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Part 6AA Proposals of national significance
Miscellaneous provisions: Process after decision of board of inquiry or court on certain matters

149WLocal authority to implement decision of board or court about proposed regional plan or change or variation

  1. Subsections (2) and (3) apply to a local authority if a board of inquiry or the Environment Court—

  2. considers a matter that is a proposed regional plan, a change to a plan, a variation to a proposed plan, a change to a regional policy statement, or a variation to a proposed regional policy statement; and
    1. decides that changes must be made to that matter.

      1. As soon as practicable after receiving notice of the decision of the board or the court under section 149R(4) or 149U, as the case may be,—

      2. the local authority must amend the proposed regional plan or a change or variation to a plan or regional policy statement under clause 16(1) of Schedule 1, and that clause applies accordingly as if the decision were a direction of the Environment Court under section 293; and
        1. if the decision is in respect of a proposed regional plan, or a change or variation to a district or regional plan (other than a regional coastal plan), or a regional policy statement, the local authority must—
          1. approve the proposed plan, change, or variation under clause 17 of Schedule 1; and
            1. make the plan, change, or variation operative by giving public notice in accordance with clause 20 of Schedule 1; and
            2. if the decision is in respect of a change or variation to a regional coastal plan, the local authority must—
              1. adopt the change or variation under clause 18(1) of Schedule 1; and
                1. send the plan to the Minister of Conservation for his or her approval in accordance with clause 19 of Schedule 1; and
                  1. following approval of the change or variation by the Minister of Conservation, make the change operative by giving public notice in accordance with clause 20 of Schedule 1.

                  2. For the purposes of subsection (2)(c)(ii), clause 19 of Schedule 1 must be read as if the reference to any direction of the Environment Court were a reference to any decision of the Environment Court or a board of inquiry.

                  3. A local authority must comply with section 175 if a board of inquiry or the Environment Court confirms a requirement under this Part.

                  Notes
                  • Section 149W: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                  • Section 149W(1): replaced, on , by section 56(1) of the Resource Management Amendment Act 2020 (2020 No 30).
                  • Section 149W(2)(a): amended, on , by section 56(2) of the Resource Management Amendment Act 2020 (2020 No 30).
                  • Section 149W(2)(b): amended, on , by section 56(3) of the Resource Management Amendment Act 2020 (2020 No 30).