198EEnvironment Court decides

1. Subsection (2) applies to a requiring authority or heritage protection authority who—

2. receives a report under section 198D(5); and
3. continues to want 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.

4. The requirement is referred to the Environment Court by the requiring authority or heritage protection authority,—

5. within 15 working days after receiving the report, lodging with the Environment Court a notice of motion in the prescribed form applying for confirmation of the requirement and specifying the grounds upon which the application for confirmation is made, and a supporting affidavit as to the matters giving rise to that application; and
6. as soon as is reasonably practicable after lodging the notice of motion, serving a copy of the notice of motion and affidavit on—
   1. the territorial authority that granted the requiring authority's or heritage protection authority's request under section 198B; and
   2. every person who made a submission to the territorial authority on the requirement; and
7. telling the Registrar of the Environment Court by written notice when the copies have been served.

8. A territorial authority served under subsection (2)(b)(i) must, without delay, provide the Environment Court with—

9. the requirement to which the notice of motion relates; and
10. the authority's report on the requirement; and
11. all the submissions on the requirement that the authority received; and
12. all the information and reports on the requirement that the authority was supplied with.

13. Section 274 applies to the notice of motion, and any person who has made a submission to the territorial authority on the requirement and wishes to be heard on the matter by the Environment Court must give notice to the court in accordance with that section.

14. Parts 11 and 11A apply to proceedings under this section.

15. If considering a matter that is a notice of requirement for a designation or to alter a designation, the court—

16. must have regard to the matters set out in section 171(1) and comply with section 171(1A) as if it were a territorial authority; and
17. may—
    1. cancel the requirement; or
    2. confirm the requirement; or
    3. confirm the requirement, but modify it or impose conditions on it as the court thinks fit; and
18. may waive the requirement for an outline plan to be submitted under section 176A.

19. However, if the requiring authority is the Minister of Education or the Minister of Defence, the court may not impose a condition under subsection (6)(b)(iii) requiring a financial contribution (as defined in section 108(9)).

20. If considering a matter that is a notice of requirement for a heritage order or to alter a heritage order, the court—

21. must have regard to the matters set out in section 191(1); and
22. may—
    1. cancel the requirement; or
    2. confirm the requirement; or
    3. confirm the requirement, but modify it or impose conditions on it as the court thinks fit (including a condition that the heritage protection authority reimburse the owner of the place concerned for any additional costs of upkeep of the place resulting from the making or the modifying of the order).

Notes

• Section 198E: inserted, on 1 October 2009, by section 119 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
• Section 198E(2): replaced, on 4 September 2013, by section 41(1) of the Resource Management Amendment Act 2013 (2013 No 63).
• Section 198E(2)(a): amended, on 3 March 2015, by section 117 of the Resource Management Amendment Act 2013 (2013 No 63).
• Section 198E(4): amended, on 4 September 2013, by section 41(2) of the Resource Management Amendment Act 2013 (2013 No 63).
• Section 198E(5): amended, on 4 September 2013, by section 41(3) of the Resource Management Amendment Act 2013 (2013 No 63).
• Section 198E(6A): inserted, on 1 July 2020, by section 61 of the Resource Management Amendment Act 2020 (2020 No 30).