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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:

“The local council can still make decisions about special areas, even if a court has helped decide about them.”

When the Environment Court handles a requirement for a designation or heritage order under [section 198K], the local council (territorial authority) that would have usually dealt with it still keeps all its powers, duties, and responsibilities for that designation or heritage order. This means you can expect the local council to manage the designation or heritage order in the same way as if they had processed the requirement themselves, even though the Environment Court made the decision.

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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 planning
Government and voting > Local councils
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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.”

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

“The local council must handle a special request if they write a report but don't ask the court to decide.”

Part 8 Designations 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).