Resource Management Act 1991

176A Outline plan

(1)

Subject to subsection (2), an outline plan of the public work, project, or work to be constructed on designated land must be submitted by the requiring authority to the territorial authority to allow the territorial authority to request changes before construction is commenced.

(2)

An outline plan need not be submitted to the territorial authority if—

(a)

the proposed public work, project, or work has been otherwise approved under this Act; or

(b)

the details of the proposed public work, project, or work, as referred to in subsection (3), are incorporated into the designation; or

(c)

the territorial authority waives the requirement for an outline plan.

(3)

An outline plan must show—

(a)

the height, shape, and bulk of the public work, project, or work; and

(b)

the location on the site of the public work, project, or work; and

(c)

the likely finished contour of the site; and

(d)

the vehicular access, circulation, and the provision for parking; and

(e)

the landscaping proposed; and

(f)

any other matters to avoid, remedy, or mitigate any adverse effects on the environment.

(4)

Within 20 working days after receiving the outline plan, the territorial authority may request the requiring authority to make changes to the outline plan.

(5)

If the requiring authority decides not to make the changes requested under subsection (4), the territorial authority may, within 15 working days after being notified of the requiring authority’s decision, appeal against the decision to the Environment Court.

(6)

In determining any such appeal, the Environment Court must consider whether the changes requested by the territorial authority will give effect to the purpose of this Act.

(7)

This section applies, with all necessary modifications, to public works, projects, or works to be constructed on designated land by a territorial authority.

Section 176A: inserted, on 17 December 1997, by section 38 of the Resource Management Amendment Act 1997 (1997 No 104).