Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

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

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

You could also call this:

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

Sections 198I to 198M apply when your local council decides that the Environment Court should make a decision about certain requirements instead of the council. This happens for four types of requirements:

  1. When someone asks for a designation under section 168A and it has been notified.

  2. When someone asks for a heritage order under section 189A and it has been notified.

  3. When someone wants to change a designation under section 181 (except for notices covered by section 181(3)) that originally used section 168A, and it has been notified.

  4. When someone wants to change a heritage order under section 195A (except for notices covered by section 195A(3)) that originally used section 189A, and it has been notified.

However, if the Minister for the Environment decides to ‘call in’ the notice of requirement under section 142(2), then sections 198I to 198M no longer apply to that notice.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2420490.

Topics:
Environment and resources > Town planning
Environment and resources > Conservation
Government and voting > Local councils
Previous

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.”

Next

198I: Territorial authority's decision, or

“The local council decides quickly if a special project can go ahead, without having to listen to everyone's opinions.”

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

198HSections 198I to 198M apply to requirements under section 168A or 189A

  1. Sections 198I to 198M apply when a territorial authority makes a decision that one of the following requirements is to be the subject of a decision by the Environment Court instead of a decision by the territorial authority:

  2. a requirement for a designation under section 168A that has been notified:
    1. a requirement for a heritage order under section 189A that has been notified:
      1. a requirement under section 181 (other than a notice to which section 181(3) applies) for an alteration to a designation to which section 168A applied that has been notified:
        1. a requirement under section 195A (other than a notice to which section 195A(3) applies) for an alteration to a heritage order to which section 189A applied that has been notified.

          1. If the notice of requirement is called in under section 142(2), sections 198I to 198M cease to apply to it.

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