Part 5Pest management
Regional pest management plans
76Application to Environment Court about plan
This section applies to the plan resulting from the council's decision under section 75(3).
The following matters may be the subject of an application to the Environment Court:
- any aspect of the plan:
- whether the plan is inconsistent with the national policy direction:
- whether the process requirements for a plan in the national policy direction, if there were any, were complied with.
If consultation on the proposal for the plan was undertaken by way of public notification of the proposal and the receipt of submissions, a person who made a submission on the proposal may make an application to the Environment Court.
If consultation on the proposal was undertaken other than by way of public notification of the proposal and the receipt of submissions, the following persons may make an application to the Environment Court:
- a person who participated in consultation during the preparation of the proposal and whose views were provided or recorded in writing:
- a person who participated in consultation on the proposal and whose views were provided or recorded in writing:
- a person who is likely to be affected by the plan and did not participate in consultation only because the person was not given an opportunity to participate.
The application must be made within 15 working days after the date of the public notice.
The application is made under section 291 of the Resource Management Act 1991 and regulations made under that Act.
The court must hold a public hearing on the application.
The court must—
- dismiss the application; or
- direct the council to modify the plan, delete a provision from the plan, or insert a provision in the plan.
Notes
- Section 76: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 76(6): replaced, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).