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198: Environment Court may order land taken, etc
or “The court can decide if land with special rules can be sold or taken for public use if the owner can't use it normally.”
You could also call this:

“Rules for pausing time limits when dealing with special land protections”

This section talks about extending time limits for decisions about designations and heritage orders. You need to know that designations and heritage orders are ways to protect land for special purposes.

The law sets out a table with two columns. The first column lists the rules that set time limits for making decisions. The second column shows which periods of time you can take out of those limits.

For example, when a council needs to tell people about a request for a designation or heritage order, they have a certain amount of time to do it. But some situations let them stop the clock and take more time.

The same goes for when councils need to write reports about these requests, or when they need to start meetings to discuss them. In some cases, they can pause the countdown and get extra time.

This rule applies to both situations where the council is asked to make a decision, and when the council itself is asking for a designation or heritage order.

The law lists several specific sections that explain exactly when and how long these time-outs can be. If you need to know more details, you can look up those sections.

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Next up: 198AB: Excluded time periods relating to provision of further information

or “Time paused when more details are needed for building or heritage plans”
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Part 8 Designations and heritage orders
Time limits from which time periods are excluded in relation to designations and heritage orders

198AATime limits from which time periods are excluded in relation to designations and heritage orders

  1. This section provides for the deferral of certain time limits relating to designations and heritage orders.

  2. The first column of the table lists the provisions specifying time limits from which certain time periods must be excluded.

  3. The second column lists the provisions describing time periods that must be excluded from the corresponding time limits.

    The following table is small in size and has 2 columns. Column 1 is headed Provisions specifying time limits. Column 2 is headed Provisions describing time periods to be excluded.
    Provisions specifying time limits Provisions describing time periods to be excluded
    Section 95 (which relates to the time limit for notification) as applied by section 169(1) or 190(1) to a notice of requirement given to a territorial authority

    Section 198AB(2), (4), or (6)

    Section 198AD(2)
    Section 198D(3) (which relates to the time limit for a territorial authority report on a notice of requirement, given to a territorial authority, to be directly referred to the Environment Court)

    Section 198AB(2), (4), or (6)

    Section 198AD(4)
    Section 198J(2) (which relates to the time limit for a territorial authority report on a notice of requirement, given by a territorial authority, to be directly referred to the Environment Court)

    Section 198AD(4)
    Section 168A(2AA)(a) or 189A(9A)(a) (which relates to the time limit for commencement of a hearing of a non-notified notice of requirement given by a territorial authority)

    Section 198AD(2)
    Section 168A(2AA)(b) or (c) or 189A(9A)(b) or (c) (which relates to the time limit for commencement of a hearing of a notified notice of requirement given by a territorial authority)

    Section 198AC(8)

    Section 198AD(4)
    Section 169(3)(a) or 190(8)(a) (which relates to the time limit for commencement of a hearing of a non-notified notice of requirement given to a territorial authority)

    Section 198AB(2), (4), or (6)

    Section 198AD(2)
    Section 169(3)(b) or (c) or 190(8)(b) or (c) (which relates to the time limit for commencement of a hearing of a notified notice of requirement given to a territorial authority)

    Section 198AB(2), (4), or (6)

    Section 198AC(2), (4), or (6)

    Section 198AD(4)

Notes
  • Section 198AA: inserted, on , by section 116 of the Resource Management Amendment Act 2013 (2013 No 63).