New Zealand Legislation: Bills
Bills are proposed Acts
(1) This section applies to an objection to a provision in a territorial authority’s affordable housing policy under section 24(1).
(2) Subsection (3) applies if—
(a) a territorial authority dismisses or partly upholds an objection; and
(b) the person who objected does not appeal.
(3) The territorial authority must,—
(a) if it dismissed the objection, keep applying the policy:
(b) if it partly upheld the objection,—
(i) keep applying the policy, but in a way that reflects its decision:
(ii) follow sections 102(6), 93(4) and (5), 83, and 84(2) of the Local Government Act 2002 section 15A(5) as soon as is practicable to amend the policy to reflect its decision.
(4) Subsection (5) applies if—
(a) a territorial authority dismisses or partly upholds an objection; and
(b) the person who objected appeals.
(5) The territorial authority must,—
(a) if the objection and appeal are about part of the policy,—
(i) stop applying that part:
(ii) implement the court’s decision on the appeal:
(b) if the objection and appeal are about the whole policy,—
(i) stop applying the policy:
(ii) implement the court’s decision on the appeal.
(5) The territorial authority must—
(a) stop applying the provision:
(b) implement the court's decision on the appeal.
(6) Subsection (7) applies if a territorial authority wholly upholds an objection.
(7) The territorial authority must,—
(a) if the objection was to part of the policy,—
(i) stop applying that part:
(ii) follow sections 102(6), 93(4) and (5), 83, and 84(2) of the Local Government Act 2002 section 15A(5) as soon as is practicable to amend the policy to reflect its decision:
(b) if the objection was to the whole policy,—
(i) stop applying the policy:
(ii) make a decision under section 7.
(7) The territorial authority—
(a) stop applying the provision:
(b) follow section 15A(5) as soon as is practicable to amend the policy to reflect its decision.
Compare: 1991 No 69 s 85(3)
