Resource Management Act 1991

61 Matters to be considered by regional council (policy statements)

(1)

A regional council must prepare and change its regional policy statement in accordance with—

(a)

its functions under section 30; and

(b)

the provisions of Part 2; and

(c)

its obligation (if any) to prepare an evaluation report in accordance with section 32; and

(d)

its obligation to have particular regard to an evaluation report prepared in accordance with section 32; and

(da)

a national policy statement, a New Zealand coastal policy statement, and a national planning standard; and

(e)

any regulations.

(2)

In addition to the requirements of section 62(3), when preparing or changing a regional policy statement, the regional council shall have regard to—

(a)

any—

(i)

management plans and strategies prepared under other Acts; and

(ii)
[Repealed]

(iia)

relevant entry on the New Zealand Heritage List/Rārangi Kōrero required by the Heritage New Zealand Pouhere Taonga Act 2014; and

(iii)

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 Maori customary fishing); and

(iv)
[Repealed]

to the extent that their content has a bearing on resource management issues of the region; and

(b)

the extent to which the regional policy statement needs to be consistent with the policy statements and plans of adjacent regional councils; and

(c)

the extent to which the regional policy statement needs to be consistent with regulations made under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012; and

(2A)

When a regional council is preparing or changing a regional policy statement, it must deal with the following documents, if they are lodged with the council, in the manner specified, to the extent that their content has a bearing on the resource management issues of the region:

(a)

the council must take into account any relevant planning document recognised by an iwi authority; and

(b)

in relation to a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011, the council must, in accordance with section 93 of that Act,—

(i)

recognise and provide for the matters in that document, to the extent that they relate to the relevant customary marine title area; and

(ii)

take into account the matters in that document, to the extent that they relate to a part of the common marine and coastal area outside the customary marine title area of the relevant group.

(3)

In preparing or changing any regional policy statement, a regional council must not have regard to trade competition or the effects of trade competition.

Section 61 heading: amended, on 17 December 1997, by section 11 of the Resource Management Amendment Act 1997 (1997 No 104).

Section 61(1): replaced, on 3 December 2013, for all purposes, by section 76 of the Resource Management Amendment Act 2013 (2013 No 63).

Section 61(1)(da): inserted, on 19 April 2017, by section 52(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 61(2): amended, on 19 April 2017, by section 52(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 61(2)(a)(ii): repealed, on 1 August 2003, by section 24(1) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 61(2)(a)(iia): inserted, on 1 July 1993, by section 118(2) of the Historic Places Act 1993 (1993 No 38).

Section 61(2)(a)(iia): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Section 61(2)(a)(iii): replaced, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

Section 61(2)(a)(iv): repealed, on 1 August 2003, by section 24(1) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 61(2)(b): amended, on 28 June 2013, by section 176(2) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72).

Section 61(2)(c): inserted, on 28 June 2013, by section 176(2) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72).

Section 61(2A): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 61(3): inserted, on 17 December 1997, by section 11 of the Resource Management Amendment Act 1997 (1997 No 104).

Section 61(3): amended, on 1 October 2009, by section 55 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).