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Resource Management Act 1991

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

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

You could also call this:

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

If you’re a requiring authority or heritage protection authority, you need to ask the local council to let the Environment Court make a decision about your requirement. You can’t just have the council make a recommendation and then make the decision yourself.

You have to make this request within a specific time. You can start asking as soon as you give notice under section 168 or 189. You have until 5 working days after the deadline for people to submit their opinions about your requirement.

When you make this request, you have to do it electronically or in writing. You need to use a special form that’s been set up for this purpose.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2420484.

Topics:
Government and voting > Local councils
Environment and resources > Town planning
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198A: Sections 198B to 198G apply to requirements under section 168 or 189, or

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

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198C: Territorial authority’s decision on request, or

“How the local council decides on a request about important places and projects”

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

198BRequiring authority or heritage protection authority's request

  1. The requiring authority or heritage protection authority must request the relevant territorial authority to allow the requirement to be the subject of a decision by the Environment Court instead of a recommendation by the territorial authority and a decision by the requiring authority or heritage protection authority.

  2. The requiring authority or heritage protection authority must make the request in the period—

  3. starting on the date on which the requiring authority or heritage protection authority gives notice under section 168 or 189; and
    1. ending 5 working days after the date on which the period for submissions on the requirement closes.

      1. The requiring authority or heritage protection authority must make the request electronically or in writing on the prescribed form.

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