Resource Management Act 1991

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

198J: Territorial authority's subsequent processing

You could also call this:

"What happens next when a council deals with a planning rule change"

When a territorial authority is dealing with a requirement, you need to know they must keep working on it. They have to prepare a report on the requirement within a certain time frame, which is 20 working days after the submissions close or 20 working days after they make a decision under section 198H(1). The report must include some important information.

The territorial authority's report must talk about issues that are relevant to the requirement, as outlined in section 168A(3) or 189A(10). They also have to suggest conditions that should be imposed if the Environment Court confirms the requirement. The report must include a summary of the submissions people made.

After the report is prepared, the territorial authority must give a copy to everyone who made a submission. They must also help the Environment Court with any matters raised in the report. The territorial authority is a party to the court proceedings and must be available to attend hearings.

At the hearings, the territorial authority must be ready to discuss or clarify anything in their report, give evidence, and talk about the submissions people made. They must also provide any other information the court asks for.

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 It might be out of date or be missing some parts.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

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2420492.


Previous

198I: Territorial authority's decision, or

"How a territorial authority makes a decision"


Next

198K: Environment Court decides, or

"The Environment Court makes a decision about a rule or requirement that affects the environment."

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

198JTerritorial authority's subsequent processing

  1. The territorial authority must continue to process the requirement and must comply with subsections (2) to (6).

  2. The territorial authority must prepare a report on the requirement within the longer of the following periods:

  3. the period that ends 20 working days after the date on which the period for submissions on the requirement closes:
    1. the period that ends 20 working days after the date on which the territorial authority makes its decision under section 198H(1).
      1. In the report, the territorial authority must

      2. address issues that are set out in section 168A(3) or 189A(10) to the extent that they are relevant to the requirement; and
        1. suggest conditions that it considers should be imposed if the Environment Court confirms the requirement (with or without modifications); and
          1. provide a summary of submissions received.
            1. As soon as is reasonably practicable after the report is prepared, the territorial authority must provide a copy to every person who made a submission on the requirement.

            2. The territorial authority must ensure that it provides reasonable assistance to the Environment Court in relation to any matters raised in the authority's report.

            3. In providing that assistance, the territorial authority—

            4. is a party to the proceedings; and
              1. must be available to attend hearings to—
                1. discuss or clarify any matter in its report:
                  1. give evidence about its report:
                    1. discuss submissions received and address issues raised by the submissions:
                      1. provide any other relevant information requested by the court.
                      Notes
                      • Section 198J: inserted, on , by section 119 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                      • Section 198J(1): amended, on , by section 42(1) of the Resource Management Amendment Act 2013 (2013 No 63).
                      • Section 198J(3): amended, on , by section 42(2) of the Resource Management Amendment Act 2013 (2013 No 63).
                      • Section 198J(3)(b): amended, on , by section 42(3) of the Resource Management Amendment Act 2013 (2013 No 63).
                      • Section 198J(3)(c): inserted, on , by section 42(4) of the Resource Management Amendment Act 2013 (2013 No 63).
                      • Section 198J(5): inserted, on , by section 42(5) of the Resource Management Amendment Act 2013 (2013 No 63).
                      • Section 198J(6): inserted, on , by section 42(5) of the Resource Management Amendment Act 2013 (2013 No 63).