Plain language law

New Zealand law explained for everyone

198E: Environment Court decides
or “The court makes the final decision on special land use requests after looking at all the information.”

You could also call this:

“The local council keeps some control over special land uses, even if a court made the decision.”

If the Environment Court makes a decision about a requirement for a designation or heritage order under [section 198E], you still have some powers. The territorial authority that would have originally handled the requirement keeps all its functions, duties, and powers related to the resulting designation or heritage order. It’s as if the territorial authority had dealt with the requirement themselves, even though the Environment Court made the decision.

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Next up: 198G: When territorial authority must deal with requirement

or “The local council must handle a request when the person asking doesn't go to court about it.”

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Resource Management Act 1991
Designations and heritage orders
Streamlining decision-making on designations and heritage orders
198F: Residual powers of territorial authority

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

198FResidual powers of territorial authority

The territorial authority that would have dealt with the requirement had the Environment Court not done so under section 198E has all the functions, duties, and powers in relation to the designation or heritage order resulting from the requirement as if it had dealt with the requirement itself.

Notes