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Resource Management Act 1991

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

198D: Territorial authority's subsequent processing

You could also call this:

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

If the territorial authority doesn’t agree to your request under section 198B, they will keep processing your requirement as usual.

If they do agree to your request under section 198B, they will continue processing your requirement and follow some special steps.

The territorial authority needs to write a report about your requirement. They have to do this within 20 working days after people stop sending in their thoughts about it, or within 20 working days after they agree to your request, whichever is longer.

In the report, the territorial authority has to talk about important things from section 171 or 191 that relate to your requirement. They also need to suggest some rules that should be followed if the Environment Court says yes to your requirement. The report will also include a summary of what people said about your requirement.

As soon as they can after writing the report, the territorial authority will give a copy to you and to everyone who shared their thoughts about your requirement.

The territorial authority needs to help the Environment Court with any questions about their report. They are part of the court process and need to be ready to go to court to explain their report, talk about what they wrote, answer questions, and share any other important information the court asks for.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2420486.

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

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198E: Environment Court decides, or

“The court makes the final decision on special land use requests after looking at all the information.”

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

198DTerritorial authority's subsequent processing

  1. If the territorial authority does not grant the request under section 198B, it must continue to process the requirement.

  2. If the territorial authority decides to grant the request under section 198B, it must continue to process the requirement and must comply with subsections (3) to (7).

  3. The territorial authority must prepare a report on the requirement within the longer of the following periods:

  4. the period that ends 20 working days after the date on which the period for submissions on the requirement closes:
    1. the period that ends 20 working days after the date on which the territorial authority decides to grant the request.

      1. In the report, the territorial authority must—

      2. address issues that are set out in section 171 or 191 to the extent that they are relevant to the requirement; and
        1. suggest conditions that it considers should be imposed if the Environment Court confirms the requirement (with or without modifications); and
          1. provide a summary of submissions received.

            1. As soon as is reasonably practicable after the report is prepared, the territorial authority must provide a copy to—

            2. the requiring authority or heritage protection authority; and
              1. every person who made a submission on the requirement.

                1. The territorial authority must ensure that it provides reasonable assistance to the Environment Court in relation to any matters raised in the authority's report.

                2. In providing that assistance, the territorial authority—

                3. is a party to the proceedings; and
                  1. must be available to attend hearings to—
                    1. discuss or clarify any matter in its report:
                      1. give evidence about its report:
                        1. discuss submissions received and address issues raised by the submissions:
                          1. provide any other relevant information requested by the court.

                          Notes
                          • Section 198D: inserted, on , by section 119 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                          • Section 198D(2): amended, on , by section 40(1) of the Resource Management Amendment Act 2013 (2013 No 63).
                          • Section 198D(4): amended, on , by section 40(2) of the Resource Management Amendment Act 2013 (2013 No 63).
                          • Section 198D(4)(b): amended, on , by section 40(3) of the Resource Management Amendment Act 2013 (2013 No 63).
                          • Section 198D(4)(c): inserted, on , by section 40(4) of the Resource Management Amendment Act 2013 (2013 No 63).
                          • Section 198D(6): inserted, on , by section 40(5) of the Resource Management Amendment Act 2013 (2013 No 63).
                          • Section 198D(7): inserted, on , by section 40(5) of the Resource Management Amendment Act 2013 (2013 No 63).