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Resource Management Act 1991

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

198C: Territorial authority’s decision on request

You could also call this:

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

When you ask the territorial authority to make a decision about a requirement, here’s what happens:

If the authority has already decided not to notify the requirement, they will return your request.

If the authority hasn’t decided whether to notify the requirement yet, they’ll wait to make that decision before dealing with your request.

If the authority decides not to notify the requirement, they’ll return your request.

If the authority decides to notify the requirement, they’ll give you their decision on your request within 15 working days after they decide to notify.

In any other case, the authority will give you their decision within 15 working days of getting your request.

There are special rules if the government has made regulations about this. If your project is worth more than a certain amount of money, the authority must say yes to your request. But they can still say no if there are very unusual circumstances.

You can’t speak to the authority about your request.

If the authority returns or says no to your request, they must tell you why in writing or by email at the same time they give you their decision.

If the authority says no to your request, you can object to their decision under section 357.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2420485.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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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.”

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198D: Territorial authority's subsequent processing, or

“The local council must write a report and help the court understand decisions about special land use”

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

198CTerritorial authority’s decision on request

  1. If the territorial authority receives the request after it has determined that the requirement will not be notified, it must return the request.

  2. If the territorial authority receives the request before it has determined whether the requirement will be notified, it must defer its decision on the request until after it has decided whether to notify the requirement and then apply either subsection (3) or (4).

  3. If the territorial authority decides not to notify the requirement, it must return the request.

  4. If the territorial authority decides to notify the requirement, it must give the requiring authority or heritage protection authority its decision on the request within 15 working days after the date of the decision on notification.

  5. In any other case, the territorial authority must give the requiring authority or heritage protection authority its decision on the request within 15 working days after receiving the request.

  6. Despite the discretion to grant a request under subsection (4) or (5), if regulations have been made under section 360(1)(hm),—

  7. the territorial authority must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by those regulations; but
    1. that obligation to grant the request does not apply if the territorial authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist.

      1. No submitter has a right to be heard by the territorial authority on a request.

      2. If the territorial authority returns or declines the request, it must give the requiring authority or heritage protection authority its reasons, in writing or electronically, at the same time as it gives the authority its decision.

      3. If the territorial authority declines the request under subsections (4) to (5A), the requiring authority or heritage protection authority may object to the territorial authority under section 357.

      Notes
      • Section 198C: inserted, on , by section 119 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
      • Section 198C(5A): inserted, on , by section 39(1) of the Resource Management Amendment Act 2013 (2013 No 63).
      • Section 198C(8): amended, on , by section 39(2) of the Resource Management Amendment Act 2013 (2013 No 63).