74 Matters to be considered by territorial authority

(1)

A territorial authority must prepare and change its district plan in accordance with—

(a)

its functions under section 31; and

(b)

the provisions of Part 2; and

(c)

a direction given under section 25A(2); and

(d)

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

(e)

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

(ea)

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

(f)

any regulations.

(2)

In addition to the requirements of section 75(3) and (4), when preparing or changing a district plan, a territorial authority shall have regard to—

(a)

any—

(i)

proposed regional policy statement; or

(ii)

proposed regional plan of its region in regard to any matter of regional significance or for which the regional council has primary responsibility under Part 4; and

(b)

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[Repealed]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),—

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

(c)

the extent to which the district plan needs to be consistent with the plans or proposed plans of adjacent territorial authorities.

(2A)

A territorial authority, when preparing or changing a district plan, must take into account any relevant planning document recognised by an iwi authority and lodged with the territorial authority, to the extent that its content has a bearing on the resource management issues of the district.

(3)

In preparing or changing any district plan, a territorial authority must not have regard to trade competition or the effects of trade competition.

Section 74(1): replaced, on 3 December 2013, for all purposes, by section 78 of the Resource Management Amendment Act 2013 (2013 No 63).

Section 74(1)(ea): inserted, on 19 April 2017, by section 59 of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 74(2): amended, on 10 August 2005, by section 45(2) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 74(2)(a): replaced, on 17 December 1997, by section 15(1) of the Resource Management Amendment Act 1997 (1997 No 104).

Section 74(2)(b)(ii): repealed, on 1 August 2003, by section 31(1) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 74(2)(b)(iia): inserted, on 1 July 1993, by section 118(2) of the Historic Places Act 1993 (1993 No 38).

Section 74(2)(b)(iia): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Section 74(2)(b)(iii): replaced, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

Section 74(2A): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 74(3): inserted, on 17 December 1997, by section 15(2) of the Resource Management Amendment Act 1997 (1997 No 104).

Section 74(3): amended, on 1 October 2009, by section 58 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).