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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:

“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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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
Government and voting > Local councils
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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.”

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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.”

Part 8 Designations 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).