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Resource Management Act 1991

Designations and heritage orders - Streamlining decision-making on designations and heritage orders

198A: Sections 198B to 198G apply to requirements under section 168 or 189

You could also call this:

“ Special rules apply when authorities want the Environment Court to decide on certain land use requests ”

Sections 198B to 198G are about certain requirements that can be decided by the Environment Court instead of going through a territorial authority and then a requiring authority or heritage protection authority. These sections apply when a requiring authority or heritage protection authority wants the Environment Court to make a decision on:

  • A notified requirement for a designation under section 168
  • A notified requirement for a heritage order under section 189
  • A notified requirement to change a designation under section 181, except for notices covered by section 181(3)
  • A notified requirement to change a heritage order under section 195A, except for notices covered by section 195A(3)

If the notice of requirement is called in under section 142(2), then sections 198B to 198G no longer apply to it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2420483.

Topics:
Environment and resources > Town planning
Environment and resources > Land use
Government and voting > Local councils
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“Time not counted when trying to get approvals or during mediation for land use changes”

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198B: Requiring authority or heritage protection authority's request, or

“A group in charge of a project can ask for the court to decide on their plans instead of the local council.”

Part 8 Designations and heritage orders
Streamlining decision-making on designations and heritage orders

198ASections 198B to 198G apply to requirements under section 168 or 189

  1. Sections 198B to 198G apply when a requiring authority or heritage protection authority wants one of the following requirements to be the subject of a decision by the Environment Court instead of a recommendation by a territorial authority and a decision by the requiring authority or heritage protection authority:

  2. a requirement for a designation under section 168 that has been notified:
    1. a requirement for a heritage order under section 189 that has been notified:
      1. a requirement under section 181 (other than a notice to which section 181(3) applies) for an alteration to a designation to which section 168 applied that has been notified:
        1. a requirement under section 195A (other than a notice to which section 195A(3) applies) for an alteration to a heritage order to which section 189 applied that has been notified.

          1. If the notice of requirement is called in under section 142(2), sections 198B to 198G cease to apply to it.

          Notes
          • Section 198A: inserted, on , by section 119 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).