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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:

"What happens when someone else makes a decision: the local council still has control"

If a board of inquiry or the Environment Court grants a resource consent under section 149R or 149U, the consent authority has all the functions, duties, and powers in relation to the resource consent as if it had granted the consent itself. You can think of the consent authority as the group that normally deals with these types of consents. The consent authority will handle the resource consent from then on.

If a board of inquiry or the Environment Court confirms a requirement under section 149R or 149U, the territorial authority has all the functions, duties, and powers in relation to the requirement as if it had dealt with the matter itself. You can think of the territorial authority as the local council that normally handles these types of requirements. The territorial authority will handle the requirement from then on.

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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.

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Part 6AAProposals 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).