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:

"What happens next if the council doesn't agree to a request about using land or resources"

If a territorial authority does not agree to a request under section 198B, it must keep working on the requirement. You need to know that the territorial authority has to follow certain steps. If the territorial authority agrees to the request under section 198B, it must also keep working on the requirement and follow some extra rules.

The territorial authority must write a report on the requirement within a certain time frame. This time frame is either 20 working days after the submissions close or 20 working days after the authority agrees to the request. In the report, the authority must talk about issues related to section 171 or 191 that are relevant to the requirement.

The authority must also suggest conditions that should be imposed if the Environment Court confirms the requirement. You will get a copy of the report if you made a submission on the requirement. The territorial authority must give you and the requiring authority a copy of the report as soon as possible.

The territorial authority must help the Environment Court with any matters raised in the report. The authority is a part of the court proceedings and must be available to attend hearings. At the hearings, the authority must discuss or clarify any matters in the report, give evidence, and talk about submissions received.

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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.


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

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


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198E: Environment Court decides, or

"The Environment Court makes a decision about a requirement that affects the environment."

Part 8Designations 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).