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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:

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

When a territorial authority is preparing a report under section 198J and they do not lodge a notice of motion with the Environment Court under section 198K(1), this section applies to you. You are a territorial authority in this situation. You must deal with the requirement.

You have to do this when two things happen: you prepare a report and you do not take the report to the Environment Court. You are responsible for dealing with the requirement in this case. This is what the law says you must do.

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

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Part 8Designations 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        • Section 198M(1)(c): repealed, on , by section 120(2) of the Resource Management Amendment Act 2013 (2013 No 63).