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Planning Bill

Combined plan - Land use plans - Further matters relating to rules in a plan

83: Process if plan or proposed plan does not comply with section 82

You could also call this:

"What happens if a land use plan breaks a rule?"

Illustration for Planning Bill

If you think a rule in a land use plan does not comply with section 82, you can ask for a change. You can request a change to the rule or make a submission on the proposed plan. You can also apply to the Environment Court for a change to the rule. When checking if a rule complies with section 82, the territorial authority or Environment Court must think about some things. They must consider how the proposed activity affects a protected customary right. They must also think about the area the activity would share with the protected customary right. They need to consider how much the activity must be done without other activities happening. They also need to think about how much the protected customary right must be done without other activities. They must consider if the protected customary right can only be done in a particular area.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1521895.

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Topics:
Environment and resources > Town planningMāori affairs > Māori land
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"Plans must protect special Maori rights"

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Part 3Combined plan
Land use plans: Further matters relating to rules in a plan

83Process if plan or proposed plan does not comply with section 82

  1. If a protected customary rights group considers that a rule in a land use plan or proposed land use plan does not comply with section 82, the group may—

  2. request a change to the rule in the plan in accordance with clause 49 of Schedule 3; or
    1. make a submission on the proposed plan in accordance with Part 1 of Schedule 3; or
      1. apply to the Environment Court in accordance with clause 49(3) of Schedule 9 for a change to the rule in the plan or proposed plan.

        1. In determining whether a rule in a plan or proposed plan complies with section 82, the territorial authority or the Environment Court (as the case requires) must consider the following matters:

        2. the effects of the proposed activity on the exercise of a protected customary right; and
          1. the area that the proposed activity would have in common with the protected customary right; and
            1. the degree to which the proposed activity must be carried out to the exclusion of other activities; and
              1. the degree to which the exercise of a protected customary right must be carried out to the exclusion of other activities; and
                1. whether the protected customary right can be exercised only in a particular area.