Resource Management Act 1991

293 Environment Court may order change to proposed policy statements and plans

  • (1) After hearing an appeal against, or an inquiry into, the provisions of any proposed policy statement or plan that is before the Environment Court, the court may direct the local authority to—

    • (a) prepare changes to the proposed policy statement or plan to address any matters identified by the court:

    • (b) consult the parties and other persons that the court directs about the changes:

    • (c) submit the changes to the court for confirmation.

    (2) The court—

    • (a) must state its reasons for giving a direction under subsection (1); and

    • (b) may give directions under subsection (1) relating to a matter that it directs to be addressed.

    (3) Subsection (4) applies if the Environment Court finds that a proposed policy statement or plan that is before the court departs from—

    • (a) a national policy statement:

    • (b) the New Zealand coastal policy statement:

    • (c) a relevant regional policy statement:

    • (d) a relevant regional plan:

    • (e) a water conservation order.

    (4) The Environment Court may allow a departure to remain if it considers that it is of minor significance and does not affect the general intent and purpose of the proposed policy statement or plan.

    (5) In subsections (3) and (4), departs and departure mean that a proposed policy statement or plan—

    • (a) does not give effect to a national policy statement, the New Zealand coastal policy statement, or a relevant regional policy statement; or

    • (b) is inconsistent with a relevant regional plan or water conservation order.

    Section 293: replaced, on 10 August 2005, by section 107 of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 293 heading: amended, on 1 October 2009, by section 133(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 293(1): amended, on 1 October 2009, by section 133(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 293(1)(a): amended, on 1 October 2009, by section 133(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 293(3): amended, on 1 October 2009, by section 133(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 293(4): amended, on 1 October 2009, by section 133(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 293(5): amended, on 1 October 2009, by section 133(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).