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:

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

When a requiring authority or heritage protection authority gets a report under section 198D(5), you need to know what happens next. If they tell the territorial authority they do not plan to take a certain action under section 198E(2), or if they do not take that action, then the territorial authority must deal with the requirement. The territorial authority has to take care of the requirement in these situations.

The territorial authority must deal with the requirement. You can find more information about this in the Resource Management Act 1991. This is what the law says you should do in this case.

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This page was last updated on 19 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2420489.

Topics:

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198F: Residual powers of territorial authority, or

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

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

"Special rules apply when councils pass decisions to the Environment Court under certain sections of the law."

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

198GWhen territorial authority must deal with requirement

This section applies when—
a requiring authority or heritage protection authority receives a report under section 198D(5); and
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
2. the requiring authority or heritage protection authority does not lodge a notice of motion with the Environment Court under section 198E(2).

The territorial authority must deal with the requirement.

Notes

Section 198G: inserted, on 1 October 2009, by section 119 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 198G(1)(b)(i): amended, on 3 March 2015, by section 118(1) of the Resource Management Amendment Act 2013 (2013 No 63).
Section 198G(1)(b)(ii): amended, on 3 March 2015, by section 118(2) of the Resource Management Amendment Act 2013 (2013 No 63).
Section 198G(1)(c): repealed, on 3 March 2015, by section 118(3) of the Resource Management Amendment Act 2013 (2013 No 63).