Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

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

198M: When territorial authority must deal with requirement

You could also call this:

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

This law tells you when a local council (called a territorial authority) must handle a requirement. It applies in two situations. First, when the council writes a report as described in section 198J. Second, when the council doesn’t ask the Environment Court to get involved, as explained in section 198K(1).

If both of these things happen, the council has to deal with the requirement themselves. This means they can’t pass it on to someone else or ignore it.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2420495.

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

198L: Residual powers of territorial authority, or

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

Next

199: Purpose of water conservation orders, or

“Water conservation orders help protect special waters and the amazing things about them”

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

198MWhen territorial authority must deal with requirement

  1. This section applies when—

  2. a territorial authority prepares a report under section 198J; and
    1. the territorial authority does not lodge a notice of motion with the Environment Court under section 198K(1).

        1. The territorial authority must deal with the requirement.

        Notes
        • Section 198M: inserted, on , by section 119 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
        • Section 198M(1)(b): amended, on , by section 120(1) of the Resource Management Amendment Act 2013 (2013 No 63).
        • Section 198M(1)(c): repealed, on , by section 120(2) of the Resource Management Amendment Act 2013 (2013 No 63).