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:

“The local council writes a report and helps the court understand the plan for the area”

When you ask for something to be done in your area, the local council has to follow certain steps. They need to keep working on your request and do several important things.

The council must write a report about your request. They have to do this within 20 working days after people stop sending in their opinions, or within 20 working days after the council makes a decision about your request, whichever takes longer.

In this report, the council needs to talk about important issues related to your request. They also need to suggest rules that should be followed if your request is approved. The report will include a summary of what other people have said about your request.

As soon as the report is ready, the council will give a copy to everyone who shared their thoughts about your request.

The council also has to help the Environment Court understand any questions about their report. They are part of the court process and need to be ready to go to court meetings. At these meetings, they might need to explain parts of their report, give more information about it, talk about what other people have said, and answer any questions the court asks.

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

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

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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.”


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198K: Environment Court decides, or

“The Environment Court makes decisions about special land use requests after the local council reviews them.”

Part 8 Designations 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).