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:

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

If you are a requiring authority or a heritage protection authority, you must ask the territorial authority to let the Environment Court make a decision about a requirement. You do this instead of the territorial authority making a recommendation and you making a decision. You make this request after you give notice under section 168 or 189 and before a certain time.

You must make the request within a specific time period, which starts when you give notice and ends 5 working days after the submission period closes. You need to make the request in a certain way, which is either electronically or in writing on a prescribed form. This is how you ask the territorial authority to let the Environment Court decide on the 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=DLM2420484.


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

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


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

"What happens when a council makes a decision about your request"

Part 8Designations 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).