Resource Management Act 1991

310 Scope and effect of declaration

• A declaration may declare—

  • (a) the existence or extent of any function, power, right, or duty under this Act, including (but, except as expressly provided, without limitation)—

    • (i) any duty imposed by section 32 (other than any duty in relation to a plan or proposed plan or any provision of a plan or proposed plan); and

    • (ii) any duty imposed by section 55; or

  • (b) whether, contrary to section 62(3), a provision or proposed provision of a regional policy statement—

    • (i) does not, or is not likely to, give effect to a provision or proposed provision of a national policy statement or New Zealand coastal policy statement; or

    • (ii) is, or is likely to be, inconsistent with a water conservation order; or

  • (ba) whether a provision or proposed provision of a regional plan,—

    • (i) contrary to section 67(3), does not, or is not likely to, give effect to a provision or proposed provision of a national policy statement, New Zealand coastal policy statement, or regional policy statement for the region; or

    • (ii) contrary to section 67(4), is, or is likely to be, inconsistent with a water conservation order, any other regional plan for the region, or a determination or reservation of the chief executive of the Ministry of Fisheries made under section 186E of the Fisheries Act 1996; or

  • (bb) whether a provision or proposed provision of a district plan,—

    • (i) contrary to section 75(3), does not, or is not likely to, give effect to a provision or proposed provision of a national policy statement, New Zealand coastal policy statement, or regional policy statement; or

    • (ii) contrary to section 75(4), is, or is likely to be, inconsistent with a water conservation order or a regional plan for any matter specified in section 30(1); or

  • (c) whether or not an act or omission, or a proposed act or omission, contravenes or is likely to contravene this Act, regulations made under this Act, or a rule in a plan or proposed plan, a requirement for a designation or for a heritage order, or a resource consent; or

  • (d) whether or not an act or omission, or a proposed act or omission, is a permitted activity, controlled activity, discretionary activity, non-complying activity, or prohibited activity, or breaches section 10 (certain activities protected) or section 20A (certain existing lawful activities allowed); or

  • (e) the point at which the landward boundary of the coastal marine area crosses any river; or

  • (f) whether or not a territorial authority has made and is continuing to make substantial progress or effort towards giving effect to a designation as required by section 184A; or

  • (g) the matters provided for in section 379 (provisions deemed to be plans or rules in plans); or

  • (h) any other issue or matter relating to the interpretation, administration, and enforcement of this Act, except for an issue as to whether any of sections 95 to 95F have been, or will be contravened.

  Section 310(a): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 310(b): replaced, on 10 August 2005, by section 115(1) of the Resource Management Amendment Act 2005 (2005 No 87).

  Section 310(ba): inserted, on 10 August 2005, by section 115(1) of the Resource Management Amendment Act 2005 (2005 No 87).

  Section 310(bb): inserted, on 10 August 2005, by section 115(1) of the Resource Management Amendment Act 2005 (2005 No 87).

  Section 310(c): amended, on 1 August 2003, by section 82(2) of the Resource Management Amendment Act 2003 (2003 No 23).

  Section 310(d): amended, on 1 August 2003, by section 95 of the Resource Management Amendment Act 2003 (2003 No 23).

  Section 310(e): amended, on 7 July 1993, by section 138(1) of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 310(f): inserted, on 7 July 1993, by section 138(2) of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 310(g): inserted, on 7 July 1993, by section 138(2) of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 310(g): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 310(h): inserted, on 1 August 2003, by section 82(3) of the Resource Management Amendment Act 2003 (2003 No 23).

  Section 310(h): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).