New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Before a territorial authority publicly notifies a district plan under clause 5, it shall, by written request, invite requiring authorities which have a designation in the district that has not lapsed to give written notice to the territorial authority stating whether the requiring authority requires the designation to be included in the proposed plan, with or without modification.
(2) The written request shall give the requiring authority at least 30 working days to respond, and shall specify the final date for the requiring authority to provide its written notice.
(3) Where the requiring authority states that a designation is to be included in the proposed plan, with modifications, the requiring authority shall include in its written notice the nature of the modifications, and the reasons for the modifications.
(4) If the requiring authority fails to notify the territorial authority in accordance with subclause (1), no provision for the designation shall be included in the proposed plan.
(5) A territorial authority shall include in its proposed plan provision for any designation it receives notice of under this clause, any existing heritage orders, and any requirements for designations and heritage orders to which sections 170 and 192 apply.
(6) A territorial authority may include in its proposed district plan—
(a) any requirement for a designation or heritage order which the territorial authority has responsibility for within its district; and
(b) any existing designations or heritage orders, with or without modifications, which the territorial authority has responsibility for within its own district.
(7) If a territorial authority includes a requirement, or modification of a requirement, in its proposed district plan under subclause (6), it must make available for public inspection all information about the requirement that is required by the prescribed form for the notice of that requirement.
(8) Nothing in this clause applies where a territorial authority publicly notifies a change or variation to a district plan under clause 5.
(9) A requiring authority may withdraw a requirement for a designation in accordance with section 168(4) and a heritage protection authority may withdraw a requirement for a heritage order in accordance with section 189(4).
(10) If a territorial authority receives notice from a requiring authority that a requirement has been withdrawn, the territorial authority must, as soon as reasonably practicable and without using the process in this schedule, amend its proposed district plan accordingly.
Schedule 1 clause 4: substituted, on 7 July 1993, by section 210 of the Resource Management Amendment Act 1993 (1993 No 65).
Schedule 1 clause 4(3): amended, on 10 August 2005, by section 129(1) of the Resource Management Amendment Act 2005 (2005 No 87).
Schedule 1 clause 4(4): amended, on 1 October 2009, by section 149(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Schedule 1 clause 4(7): substituted, on 1 October 2009, by section 149(6) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Schedule 1 clause 4(9): added, on 1 August 2003, by section 92(1) of the Resource Management Amendment Act 2003 (2003 No 23).
Schedule 1 clause 4(10): added, on 1 August 2003, by section 92(1) of the Resource Management Amendment Act 2003 (2003 No 23).
Schedule 1 clause 4(10): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
