80Core obligations when preparing and deciding land use plan

1. This section sets out the core obligations that apply when—

2. a territorial authority is making a decision on a matter that a national instrument expressly authorises it to make, in relation to if and how it incorporates a standardised plan provision into its plan or proposed plan (see sections 48 and 78); and
3. a territorial authority is preparing or deciding a bespoke plan provision (see section 79).

4. A territorial authority must make its decisions in accordance with its responsibilities and functions under sections 184 and 185 so that the resulting land use plan implements—

5. the national policy direction; and
6. any national standard; and
7. any relevant provision in a regional spatial plan.

8. However, subsection (2)(c) does not apply in relation to a provision in a regional spatial plan to the extent that the territorial authority is satisfied that—

9. the provision is out of date as a result of new information that supersedes the information used to determine the content of the provision in the regional spatial plan; or
10. there has been a significant change in circumstances or in the physical environment since that provision was decided (for example, a major environmental or economic event).

11. The territorial authority must—

12. have particular regard to—
    1. the evaluation report required by clause 10 of Schedule 3; and
    2. any justification report required by clause 11 of Schedule 3; and
    3. any further evaluation report or further justification report required by clause 26 or 27 of Schedule 3; and
13. have regard to—
    1. any statutory acknowledgement that applies to the area to which the proposed land use plan or private plan change applies; and
    2. any relevant planning document recognised by an iwi authority and lodged with the territorial authority; and
14. have regard to any of following to the extent that it has a bearing on land use activities in the district and is within the territorial authority’s responsibilities:
    1. the extent to which the land use plan needs to be consistent with—
       1. any land use plan or proposed land use plan of an adjacent territorial authority:
       2. the provisions of any natural environment plan or proposed natural environment plan that apply to the parts of the coastal marine area that are adjacent to the district of the territorial authority:
    2. any relevant project area and project objectives (as those terms are defined in section 9 of the Urban Development Act 2020), if section 98 of that Act applies:
    3. any regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Māori customary fishing):
    4. any adaptation plan prepared under the Climate Change Response Act 2002.

15. The territorial authority must comply with—

16. any direction of the Minister under section 203; and
17. any requirements in this subpart; and
18. any regulations.