198KEnvironment Court decides

1. If the territorial authority continues to want the requirement to be determined by the Environment Court, the requirement is referred to the court by the territorial authority,—

2. within 15 working days after preparing the report, lodging with the Environment Court a notice of motion in the prescribed form applying for confirmation of the requirement and specifying the grounds upon which the application for confirmation is made, and a supporting affidavit as to the matters giving rise to that application; and
3. as soon as is reasonably practicable after lodging the notice of motion, serving a copy of the notice of motion and affidavit on every person who made a submission to the territorial authority on the requirement; and
4. telling the Registrar of the Environment Court by written notice when the copies have been served.

5. The territorial authority must, without delay, provide the Environment Court with—

6. the requirement to which the notice of motion relates; and
7. the territorial authority's report on the requirement; and
8. all the submissions on the requirement that the territorial authority received; and
9. all the information and reports on the requirement that the territorial authority was supplied with.

10. Section 274 applies to the notice of motion, and any person who has made a submission to the territorial authority on the requirement and wishes to be heard on the matter by the Environment Court must give notice to the court in accordance with that section.

11. Parts 11 and 11A apply to proceedings under this section.

12. If considering a matter that is a notice of requirement for a designation or to alter a designation, the court—

13. must have regard to the matters set out in section 171(1) and comply with section 171(1A) as if it were a territorial authority; and
14. may—
    1. cancel the requirement; or
    2. confirm the requirement; or
    3. confirm the requirement, but modify it or impose conditions on it as the court thinks fit; and
15. may waive the requirement for an outline plan to be submitted under section 176A.

16. However, if the requiring authority is the Minister of Education or the Minister of Defence, the court may not impose a condition under subsection (5)(b)(iii) requiring a financial contribution (as defined in section 108(9)).

17. If considering a matter that is a notice of requirement for a heritage order or to alter a heritage order, the court—

18. must have regard to the matters set out in section 191(1); and
19. may—
    1. cancel the requirement; or
    2. confirm the requirement; or
    3. confirm the requirement, but modify it or impose conditions on it as the court thinks fit (including a condition that the heritage protection authority reimburse the owner of the place concerned for any additional costs of upkeep of the place resulting from the making or the modifying of the order).

Notes

• Section 198K: inserted, on 1 October 2009, by section 119 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
• Section 198K(1): replaced, on 4 September 2013, by section 43(1) of the Resource Management Amendment Act 2013 (2013 No 63).
• Section 198K(1)(a): amended, on 3 March 2015, by section 119 of the Resource Management Amendment Act 2013 (2013 No 63).
• Section 198K(3): amended, on 4 September 2013, by section 43(2) of the Resource Management Amendment Act 2013 (2013 No 63).
• Section 198K(4): amended, on 4 September 2013, by section 43(3) of the Resource Management Amendment Act 2013 (2013 No 63).
• Section 198K(5A): inserted, on 1 July 2020, by section 62 of the Resource Management Amendment Act 2020 (2020 No 30).