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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

149X: Residual powers of local authority

You could also call this:

“The local council can still manage and control permits and requirements, even if special groups made the decisions about them.”

If a board of inquiry or the Environment Court grants a resource consent under section 149R or 149U, the local consent authority can still do everything it would normally do if it had given the consent itself. This means the local authority keeps all its usual powers and responsibilities for that resource consent.

In a similar way, if a board of inquiry or the Environment Court confirms a requirement (with or without changes) under section 149R or 149U, the local territorial authority can still do everything it would normally do if it had dealt with the matter itself. This means the territorial authority keeps all its usual powers and responsibilities for that requirement.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2417796.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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“ The local council must make changes to plans or policies when a special group or court tells them to. ”

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“If the Minister tells the EPA to send a matter to the local authority, the EPA must do it and give them all the information.”

Part 6AA Proposals of national significance
Miscellaneous provisions: Process after decision of board of inquiry or court on certain matters

149XResidual powers of local authority

  1. Subsection (2) applies to a resource consent that has been granted by a board of inquiry or the Environment Court under section 149R or 149U, as the case may be.

  2. The consent authority concerned has all the functions, duties, and powers in relation to the resource consent as if it had granted the consent itself.

  3. Subsection (4) applies to a requirement confirmed (with or without modifications) by a board of inquiry or the Environment Court under section 149R or 149U.

  4. The territorial authority concerned has all the functions, duties, and powers in relation to the requirement as if it had dealt with the matter itself.

Notes
  • Section 149X: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).