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Resource Management Act 1991

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

198G: When territorial authority must deal with requirement

You could also call this:

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

This part of the law tells you when a territorial authority must handle a requirement. It happens in two situations. First, when a requiring authority or heritage protection authority gets a report as mentioned in section 198D(5). Second, when either the requiring or heritage protection authority tells the territorial authority they won’t file a notice with the Environment Court as described in section 198E(2), or when they don’t actually file this notice. In these cases, the territorial authority has to deal with 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=DLM2420489.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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“The local council keeps some control over special land uses, even if a court made the decision.”

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198H: Sections 198I to 198M apply to requirements under section 168A or 189A, or

“These rules explain when a local council can pass a decision about special land uses to the Environment Court.”

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

198GWhen territorial authority must deal with requirement

  1. This section applies when—

  2. a requiring authority or heritage protection authority receives a report under section 198D(5); and
    1. either—
      1. the requiring authority or heritage protection authority advises the territorial authority that it does not intend to lodge a notice of motion with the Environment Court under section 198E(2); or
        1. the requiring authority or heritage protection authority does not lodge a notice of motion with the Environment Court under section 198E(2).

          1. The territorial authority must deal with the requirement.

          Notes
          • Section 198G: inserted, on , by section 119 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 198G(1)(b)(i): amended, on , by section 118(1) of the Resource Management Amendment Act 2013 (2013 No 63).
          • Section 198G(1)(b)(ii): amended, on , by section 118(2) of the Resource Management Amendment Act 2013 (2013 No 63).
          • Section 198G(1)(c): repealed, on , by section 118(3) of the Resource Management Amendment Act 2013 (2013 No 63).