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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

You could also call this:

"What a council can still do even if the Environment Court makes a decision"

If a territorial authority would have handled a requirement, but the Environment Court did it under section 198E, the territorial authority still has all its normal jobs, tasks, and powers. You can think of it like the territorial authority is dealing with the requirement itself. The territorial authority has these powers for the designation or heritage order that comes from the requirement.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2420488.

Topics:
Environment and resources > Town planning
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198E: Environment Court decides, or

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

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198G: When territorial authority must deal with requirement, or

"When a territorial authority has to handle a requirement because someone else won't or can't."

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

198FResidual powers of territorial authority

  1. 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
  • Section 198F: inserted, on , by section 119 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).