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Resource Management Act 1991

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

198L: Residual powers of territorial authority

You could also call this:

"What a council can still do even if the Environment Court makes a decision"

If a territorial authority would have handled a requirement, but the Environment Court did it under section 198K, the territorial authority still has all its normal jobs, tasks, and powers. You can think of it like the territorial authority dealing with the requirement itself. The territorial authority has these jobs, tasks, and powers in relation to the designation or heritage order that came from the requirement.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2420494.

Topics:
Environment and resources > Town planningGovernment and voting > Local councils
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198K: Environment Court decides, or

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

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198M: When territorial authority must deal with requirement, or

"When a council must act on a requirement without going to the Environment Court."

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

198LResidual powers of territorial authority

  1. The territorial authority that would have dealt with the requirement had the Environment Court not done so under section 198K has all the functions, duties, and powers in relation to the designation or heritage order resulting from the requirement as if it had dealt with the requirement itself.

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