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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:

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

When a territorial authority makes a decision, you need to know that some rules apply. These rules are called sections 198I to 198M. They apply when the territorial authority decides that the Environment Court should make a decision instead of them. This happens for requirements under section 168A or section 189A that have been notified. It also happens for some alterations to designations or heritage orders that have been notified.

If the notice of requirement is called in under section 142(2), then sections 198I to 198M no longer apply to it. You should look at the specific sections to understand what this means. The rules are there to help with decision-making on designations and heritage orders.

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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 planningGovernment and voting > Local councils
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"How a territorial authority makes a decision"

Part 8Designations 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).