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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:

"Rules for decisions on designations and heritage orders apply in certain situations"

When you want a decision about a designation or heritage order, some rules apply. These rules are in sections 198B to 198G and they apply when a requiring authority or heritage protection authority wants the Environment Court to make a decision instead of a territorial authority. This can happen for requirements under section 168 or section 189 that have been notified.

If you have a requirement for a designation or heritage order, sections 198B to 198G will apply to your situation. You might have a requirement for an alteration to a designation or heritage order, and these rules will still apply.

The rules in sections 198B to 198G will stop applying if the notice of requirement is called in under section 142(2).

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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.

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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

"Asking the Environment Court to decide on a requirement instead of the council"

Part 8Designations 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).