Town and Country Planning Amendment Act 1983
Town and Country Planning Amendment Act 1983
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Town and Country Planning Amendment Act 1983
Town and Country Planning Amendment Act 1983
Public Act |
1983 No 149 |
|
Date of assent |
16 December 1983 |
|
Contents
An Act to amend the Town and Country Planning Act 1977
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Town and Country Planning Amendment Act 1983, and shall be read together with and deemed part of the Town and Country Planning Act 1977 (hereinafter referred to as the principal Act).
(2)
Sections 16 to 29, 31, 32, and 39 of this Act shall come into force on the 1st day of February 1984.
(3)
Except as provided in subsection (2) of this section, this Act shall come into force on the day on which it receives the Governor-General’s assent.
2 Interpretation
(1)
Section 2(1) of the principal Act is hereby amended by repealing the definition of the term “designated”
, and substituting the following definition:
“‘Designated’, in relation to any land, means land in respect of which provision has been made in the district scheme under section 36(8), section 43, or section 118 of this Act; and ‘designation’ has a corresponding meaning:”.
(2)
The said section 2(1) is hereby amended by repealing the definitions of the terms “objection”
and “objector”
, and substituting the following definitions:
“‘Objection’ includes a submission; and also includes any notice of support of, and any notice of opposition to, a submission or objection made under this Act:
“‘Objector’ includes the Minister; and also includes any body or person which or who has made a submission or given notice of support of, or notice of opposition to, any submission or objection made under this Act:”.
(3)
The said section 2(1) is hereby amended by inserting, after the definition of the term “regional planning scheme”
, the following definition:
“‘Review’, in relation to any operative district scheme, includes any affirmation of the existing operative district scheme:”.
3 Contents of district schemes
(1)
Section 36 of the principal Act is hereby amended by inserting, after subsection (1), the following subsection:
“(1a)
Subject to sections 8 and 4 of this Act, the district scheme, in respect of any area below mean high-water mark included in the district, may make provision for such of the matters referred to in the Third Schedule to this Act as the Council considers necessary or desirable.”
(2)
The said section 36 is hereby amended by repealing subsection (3), and substituting the following subsection:
“(3)
Every district scheme shall provide for such controls, prohibitions, and incentives relating to the use or development of any land, area, or building as are necessary or desirable to promote the purposes and objectives of the district scheme.”
(3)
Section 36(4) of the principal Act is hereby amended by omitting the words “development, uses, and buildings”
, and substituting the words “use or development”
.
(4)
The said section 36 is hereby amended by repealing subsection (8), and substituting the following subsection:
“(8)
The Council shall make such provision in its district scheme as it thinks necessary in respect of—
“(a)
Land used or to be used for a public work which is an essential work and for which it has financial responsibility; and
“(b)
Land used or to be used for a public work which is not an essential work and for which it has financial responsibility, if the owner of the land has consented to such provision being made; and
“(c)
Land of which the Council is the owner or lessee and which is used or to be used for any public work which is not an essential work and for which it has financial responsibility; and
“(d)
Any other land, or any water, subsoil, or air space, in respect of which a restriction is necessary to ensure the safe or efficient functioning or operation of any public work which is an essential work and for which it has financial responsibility.”
(5)
Section 244(3) of the Public Works Act 1981 is hereby consequentially repealed.
4 Provision of district scheme by sections
Section 41 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
The Council may prepare, provisionally approve, and approve its district scheme or review of it by territorial sections, which may relate to any convenient part of the district.”
5 Public works to be included before public notification
(1)
Section 43 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
The Minister or any local authority may, at any time within the period of 3 months after the district scheme has been submitted to him or it under section 42 of this Act, notify the Council of his or its requirement that provision be made in the district scheme, in the manner specified by the Minister or local authority,—
“(a)
In respect of land used or to be used for any public work which is an essential work and for which he or it has financial responsibility; and
“(b)
In respect of land used or to be used for any public work which is not an essential work and for which he or it has financial responsibility, if the owner of the land has consented to such provision being made; and
“(c)
In respect of land of which the Crown or local authority is the owner or lessee and which is used or to be used for any public work which is not an essential work and for which the Minister or local authority has financial responsibility; and
“(d)
In respect of any other land, or any water, subsoil, or air space, in respect of which a restriction is necessary to ensure the safe or efficient functioning or operation of any public work which is an essential work and for which he or it has financial responsibility.”
(2)
Section 244(4) of the Public Works Act 1981 is hereby consequentially repealed.
6 Consideration and hearing of submissions and objections
Section 48(8) of the principal Act is hereby amended—
(a)
By omitting the expression “60”
, and substituting the expression “61a”
:
(b)
By inserting, after the words “section 118(5) to (10)”
, the words “and section 119”
.
7 New sections relating to review of district schemes substituted
(1)
The principal Act is hereby amended by repealing sections 59 to 61, and substituting the following sections:
“59 District scheme to be reviewed every 5 years
“(1)
Any operative district scheme may at any time and from time to time be reviewed by the Council.
“(2)
Every district scheme or section of a district scheme shall be reviewed in accordance with this Act when it has been operative for 5 years.
“(3)
Every district scheme which is for the time being due for review shall continue to be operative except so far as it is cancelled or changed by the Council in accordance with this Act or amended by the Tribunal. Where any such scheme is amended by the Tribunal, the amendment shall become part of the scheme and shall be operative accordingly.
“60 Objections while scheme due for review, etc.
“(1)
If at any time any district scheme is due for review and has been continuously due for review for a period of more than 1 year, any body or person shall have the same rights to object to the scheme and to be heard in support of or in opposition to objections, and to appeal, as it or he would have had if the scheme had not been made operative but had been publicly notified in accordance with section 44 of this Act; but no such objection to the existing scheme may be made after the date of public notification of the review of the scheme.
“(2)
An objection made in accordance with subsection (1) of this section shall be deemed to be disallowed if—
“(a)
On the expiry of a period of 6 months after the date on which the objection was made, the Council has not given a decision on the objection; and
“(b)
On that expiry date the review of the district scheme has not been publicly notified—
and the objector and any body or person which or who supports or opposes the objection shall have a right of appeal to the Tribunal in accordance with section 49 of this Act.
“(3)
If the Council allows an objection made in accordance with subsection (1) of this section but fails to incorporate the allowed objection in the scheme within 6 months after allowing it, the objector may appeal to the Tribunal to have the scheme changed accordingly.
“(4)
If—
“(a)
An objection had been made in accordance with subsection (1) of this section and it has not been finally determined before the public notification of the review of the district scheme; and
“(b)
It is proposed that the provision objected to is to remain in the proposed review of the scheme—
that objection shall be deemed to be an objection to the proposed review of the scheme. If it is proposed that the provision objected to is not to remain in the proposed review of the scheme, the objection and any appeal against any decision on the objection shall lapse.
“61 Statement of Council’s proposals in respect of review
“(1)
The Council shall, not later than 1 year before its district scheme is due for review or, if the Council decides to review its scheme at an earlier date, as soon as that decision has been made, prepare a statement of its proposals in respect of the review.
“(2)
Every such statement shall be publicly notified and sent to such bodies and persons as may be prescribed.
“(3)
The Minister and any body or person may make submissions to the Council on the matters to be dealt with or which it or he considers should be included in the proposed review of the district scheme.
“(4)
The Council shall undertake in such manner as it thinks fit such studies and discussions in relation to the proposed review as it considers necessary.
“61a Provision in review for public works
“(1)
Every existing provision in the scheme in respect of a public work shall continue to be so included in any review of the scheme unless, before the scheme is approved—
“(a)
The Council is otherwise advised by the Minister or the local authority responsible for the public work, as the case may be:
“(b)
The Council determines otherwise, if the Council is responsible for the public work.
“(2)
The provisions of sections 36(8) and 43 of this Act, with the necessary modifications, shall apply in respect of every review of a scheme, whether the review is by way of affirmation of the existing scheme or the preparation of a new scheme.
“61b Procedure for review of scheme
“(1)
The Council shall review its operative district scheme by either—
“(a)
Affirming the existing operative district scheme; or
“(b)
Preparing a new scheme in accordance with this Act.
“(2)
In affirming the existing scheme or preparing a new scheme the Council shall follow the procedure prescribed for providing an operative district scheme starting at the point where public notification is required to be given under section 44 of this Act; and from that point the provisions of this Act relating to the preparation and approval (including approval in part) of a district scheme shall, as far as they are applicable and with the necessary modifications, apply to the review of the district scheme.
“(3)
If, pursuant to section 61a(1) of this Act, any provision continues to be included in the scheme in respect of a public work, it shall be deemed to have been included in the affirmed existing scheme or the proposed new scheme, as the case may be, pursuant to section 36(8) of this Act or section 43 of this Act, as the case may require, and shall accordingly be subject to objection and appeal.
“(4)
The Council shall send notification of the affirmation of the district scheme or a copy of any proposed new scheme, as the case may be, to such bodies and persons as may be prescribed.
“(5)
The Council may at any time before an affirmed district scheme or a proposed new scheme is approved, or (if an appeal has been lodged in respect of it) before the Tribunal has made a decision on the appeal, withdraw the scheme or any part of it.”
(2)
The following enactments are hereby consequentially repealed:
(a)
So much of Part III of the Third Schedule to the Local Government Amendment Act 1979 as relates to section 61(5) of the principal Act:
(b)
Sections 13 and 14 of the Town and Country Planning Amendment Act 1980.
8 Designation or requirement to be removed or land to be taken
Section 82(1) of the principal Act is hereby amended by adding to the definition of the term “requirement”
the words “; and includes a provision proposed to be made in a district scheme under section 36(8) of this Act”
.
9 Offences in respect of use of land or buildings
(1)
Section 92 of the principal Act is hereby amended by repealing subsections (2) and (3).
(2)
Section 24 of the Town and Country Planning Amendment Act 1980 is hereby consequentially repealed.
10 Offences in respect of land or buildings
(1)
Section 93 of the principal Act is hereby amended by repealing subsections (2) and (3).
(2)
Section 25 of the Town and Country Planning Amendment Act 1980 is hereby consequentially repealed.
11 Additional powers for enforcement of district scheme
(1)
Section 94 of the principal Act is hereby amended by repealing subsections (2) and (3), and substituting the following subsections:
“(2)
Every notice given under subsection (1) of this section shall—
“(a)
Specify a period (being a period of not less than 1 month after the service of the notice) within which the notice must be complied with; and
“(b)
State that if the requirements of the notice are not complied with the Council may apply to a District Court for an order under this section.
“(3)
If, within the period specified in the notice, or within such further time as the Council may in its discretion allow, all the requirements of the notice are not complied with, the Council may apply to a District Court for an order authorising the Council, by its officers, agents, or employees, to enter on the land and do or complete the doing of any act or thing required by the notice, and to remove any material or thing from the land, for the purpose of restoring the land to its condition before the work was done or the building was erected or the material or thing was placed on the land, as the case may be.”
(2)
Section 26 of the Town and Country Planning Amendment Act 1980 is hereby consequentially repealed.
12 Requirements for public works
(1)
Section 118 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
Without restricting the provisions of section 116 of this Act, the Minister or any local authority may from time to time and at any time notify the Council of his or its requirement that provision be made in the district scheme in a manner specified by the Minister or local authority—
“(a)
In respect of land used or to be used for any public work which is an essential work and for which he or it has financial responsibility; and
“(b)
In respect of land used or to be used for any public work which is not an essential work and for which he or it has financial responsibility, if the owner of the land has consented to such provision being made; and
“(c)
In respect of land of which the Crown or local authority is the owner or lessee and which is used or to be used for any public work which is not an essential work and for which the Minister or local authority has financial responsibility; and
“(d)
In respect of any other land, or any water, subsoil, or air space, in respect of which a restriction is necessary to ensure the safe or efficient functioning or operation of any public work which is an essential work and for which he or it has financial responsibility.”
(2)
Section 118(3) of the principal Act is hereby amended by adding to the proviso the words “or within such longer period as the Minister or local authority may agree to”
.
(3)
Section 118(8) of the principal Act is hereby amended by inserting, after the word “restrictions”
, the words “or prohibitions”
.
(4)
Section 244(5) of the Public Works Act 1981 is hereby consequentially repealed.
13 Work contrary to requirement prohibited
Section 120(1) of the principal Act is hereby amended by omitting the word “After”
, and substituting the words “Except as otherwise provided in the requirement, after”
.
14 Alteration of designations for public works
The principal Act is hereby amended by repealing section 123, and substituting the following section:
“123
Notwithstanding the provisions of section 62 of this Act, the Council may at any time alter any provision included in the district scheme under section 36(8), section 43, or section 118 of this Act if—
“(a)
The Minister or local authority responsible for the public work concerned agrees with the alteration; and
“(b)
The owner of the land directly affected by the alteration agrees with the alteration; and
“(c)
Notice of the proposed alteration has been given to the occupier of that land if the occupier is not also the owner of the land; and
“(d)
The alteration—
“(i)
Does not involve any substantial change of the use or proposed use of the land concerned; or
“(ii)
Involves only minor changes or adjustments to the boundaries of the land in respect of which the provision was included.”
15 Consent required to work, etc., affecting designated land
(1)
Section 124(1) of the principal Act is hereby amended by omitting the word “proposed”
in both places where it occurs.
(2)
Section 124 of the principal Act is hereby amended by inserting, after subsection (1), the following subsection:
“(1a)
Where any provision has been included in a district scheme in respect of any land, water, subsoil, or air space pursuant to section 36(8)(d), section 43(1)(d), or section 118(1)(d) of this Act—
“(a)
The carrying out of any work, including—
“(i)
The construction or alteration of any structure:
“(ii)
The making of any excavation:
“(iii)
The felling or burning of any tree or bush; or
“(b)
The subdivision of any land—
whether public or private, that is contrary to that provision shall not be allowed without the consent of the body or person having financial responsibility for the public work in respect of which the provision was so included.”
(3)
Section 124(3) of the principal Act is hereby amended by inserting, after the expression “subsection (1)”
, the words “or subsection (1a)”
.
16 Planning Tribunal
(1)
Section 128 of the principal Act is hereby amended by repealing subsections (2) and (3).
(2)
Section 32(3) of the Mining Amendment Act 1981 is hereby consequentially repealed.
17 Constitution of Planning Tribunal
(1)
Section 131 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
The Planning Tribunal shall consist of the following persons:
“(a)
Not more than 5 District Court Judges, each of whom shall be a Planning Judge; and
“(b)
Not more than 10 other persons.”
(2)
Section 131(2) of the principal Act is hereby amended by omitting the words “of 3 years”
, and substituting the words “not exceeding 5 years”
.
(3)
Section 131 of the principal Act is hereby amended by inserting, after subsection (2), the following subsection:
“(2a)
The Minister of Justice may recommend for appointment as members under subsection (1)(b) of this section any person whom he considers to have special knowledge of or interest in matters connected with the functions of the Tribunal under this or any other Act or who for any other reason is suitable for appointment, and shall, in respect of at least 5 of the appointments made under that paragraph consult the executive committees of the Municipal Association of New Zealand Incorporated, of the New Zealand Counties Association Incorporated, and of the New Zealand Catchment Authorities Association Incorporated.”
18 Principal Planning Judge
The principal Act is hereby amended by inserting, after section 131, the following section:
“131a
“(1)
The Governor General shall from time to time appoint one of the District Court Judges appointed under section 131(1)(a) of this Act to be the Principal Planning Judge of the Planning Tribunal.
“(2)
The Principal Planning Judge shall be responsible for ensuring the orderly and expeditious discharge of the business of the Tribunal and accordingly may, subject to the provisions of this or any other Act and to such consultation with the Planning Judges as is appropriate and practicable, make arrangements as to the Planning Judge or Judges and member or members who is or are to exercise the Tribunal’s jurisdiction in particular matters or classes of matters and in particular places and areas.”
19 Deputies of members
Section 132 of the principal Act (as substituted by section 34 of the Town and Country Planning Amendment Act 1980) is hereby amended by omitting the words “(other than the Chairman) of any Division of the Tribunal”
, and substituting the words “of the Tribunal (other than a Planning Judge)”
.
20 Alternate Planning Judge
The principal Act is hereby amended by repealing section 133, and substituting the following section:
“133
“(1)
The Governor-General, on the recommendation of the Minister of Justice, may by Order in Council from time to time appoint a District Court Judge to be an alternate Planning Judge.
“(2)
If any Planning Judge is absent or unavailable or if for any reason there is at any time less than 5 Planning Judges, any alternate Planning Judge appointed under subsection (1) of this section may without further appointment act as a Planning Judge.
“(3)
The fact that the alternate Planning Judge acts as a Planning Judge shall be conclusive evidence of his authority to do so, and no person shall be concerned to inquire whether the occasion requiring or authorising him to do so has arisen or has ceased.”
21 Powers of Tribunal
The principal Act is hereby amended by repealing section 134, and substituting the following section:
“134
“(1)
All the powers of the Tribunal may be exercised by any sitting of the Tribunal. Unless otherwise provided by the provisions of this or any other Act, the presence of at least 2 members of the Tribunal (of whom a Planning Judge or alternate Planning Judge is one) shall be necessary to constitute a sitting of the Tribunal.
“(2)
At every sitting of the Tribunal a Planning Judge shall preside.
“(3)
The decision of a majority of the members present at a sitting of the Tribunal shall be the decision of the Tribunal on the proceedings heard at that sitting. If the members are equally divided in opinion the decision of the Planning Judge presiding at the sitting shall be the decision of the Tribunal.
“(4)
The powers of the Tribunal shall not be affected by any vacancy in its membership.”
22 Power of Planning Judge sitting alone
(1)
Section 135 of the principal Act is hereby amended by omitting the words “The Chairman of any Division or the alternate Chairman”
, and substituting the words “A Planning Judge or an alternate Planning Judge”
.
(2)
The said section 135 is hereby amended—
(a)
By omitting from paragraph (c) the words “Chairman of a Division”
, and substituting the words “Planning Judge”
:
(b)
By omitting from paragraph (e) the words “Chairman of a Division”
, and substituting the words “Planning Judge”
.
23 Repealing provision relating to Divisions
Section 136 of the principal Act is hereby repealed.
24 Constitution of Tribunal not to be questioned
The principal Act is hereby amended by repealing section 137, and substituting the following section:
“137
“(1)
Whether any sitting of the Tribunal is duly constituted as required by the provisions of this Act, or has been duly convened for the sitting, shall be matters to be determined by the Planning Judge presiding at the sitting whose decision thereon shall be final and conclusive and shall not be questioned in any proceedings before the Tribunal or before any other Court.
“(2)
The fact that a sitting of the Tribunal has been held shall be conclusive evidence of a decision by the Planning Judge presiding at the sitting that the Tribunal was duly constituted and duly convened for that sitting.”
25 Oath of office
Section 138 of the principal Act is hereby amended by omitting the words “Chairmen of the Divisions”
, and substituting the words “Planning Judges”
.
26 Tribunal to have powers of a District Court
Section 141(2) of the principal Act is hereby amended by omitting the words “the Chairman of any Division of the Tribunal”
, and substituting the words “a Planning Judge”
.
27 Power to commit for contempt
Section 142 of the principal Act is hereby amended—
(a)
By omitting from paragraph (a) the words “any Division of”
:
(b)
By omitting from paragraph (c) the words “the Chairman of a sitting of a Division of the Tribunal”
, and substituting the words “a Planning Judge”
:
(c)
By omitting the word “Chairman”
where it secondly and thirdly occurs, and substituting in both cases the words “Planning Judge”
:
(d)
By omitting the word “Division”
where it thirdly occurs, and substituting the word “Tribunal”
:
(e)
By omitting the expression “$20”
, and substituting the expression “$500”
.
28 Matters may be heard together
The principal Act is hereby amended by inserting, after section 150, the following section:
“150a
Where there are 2 or more applications, or 2 or more appeals or inquiries, relating to the same subject-matter under this Act and under any other Act which the Tribunal has jurisdiction to hear or consider, the Tribunal may in its discretion hear or consider or conduct the applications or appeals or inquiries together.”
29 Decision of Tribunal to be final
Section 159 of the principal Act is hereby amended by omitting the expression “section 162”
, and substituting the expression “sections 162 and 162h”
.
30 Revocation and modification of planning consents
The principal Act is hereby amended by inserting, after section 160, the following section:
“160a
“(1)
If—
“(a)
A Council considers that any consent granted under any provision in Part II or Part IV of this Act, or the corresponding provision of any previous enactment; or
“(b)
A Maritime Planning Authority considers that any consent granted under any provision in Part V of this Act—
should be cancelled or modified it may apply to the Tribunal for the cancellation or modification of the consent.
“(2)
If, after holding a hearing, the Tribunal is satisfied that the person to whom the consent was granted, or his successor in title,—
“(a)
Wilfully made any statement that was both substantially incorrect and substantially material in the application for consent or for the purpose of obtaining consent; or
“(b)
Wilfully made any substantially material omission from the application for consent or wilfully concealed any substantially material fact for the purpose of obtaining consent; or
“(c)
Has wilfully and persistently acted in contravention of or failed to comply with any term of the consent or any condition, restriction, or prohibition to which the consent is subject to such an extent as to render the term, condition, restriction, or prohibition nugatory—
the Tribunal may cancel the consent or modify it in such manner as it thinks fit.
“(3)
In modifying any consent the Tribunal may cancel any condition, restriction, or prohibition to which it is subject and impose such new conditions, restrictions, and prohibitions as it thinks fit.
“(4)
The provisions of this Act and of any regulations in force under this Act, so far as they are applicable and with the necessary modifications, shall apply in respect of every application made under subsection (1) of this section as if it were an appeal to the Tribunal.
“(5)
Every decision of the Tribunal under this section shall have effect according to its tenor as if it were a decision on an appeal against a grant of the consent.”
31 Reference of questions of law to High Court
(1)
Section 161(2) of the principal Act is hereby amended by omitting the words “Chairman of a Division of the Tribunal”
, and substituting the words “Planning Judge”
.
(2)
Section 161(3) of the principal Act is hereby amended by omitting the word “Chairman”
, and substituting the words “Planning Judge”
.
32 Appeals on questions of law
(1)
The principal Act is hereby amended by repealing sections 162 and 162a, and substituting the following sections:
“162 Appeal on a question of law
“(1)
Where any party to any proceedings before the Tribunal under this Act or any other Act is dissatisfied with any determination of the Tribunal or of a Planning Judge sitting alone in accordance with section 135 of this Act as being erroneous in point of law, he may appeal to the High Court on that question of law.
“(2)
Every appeal under this section shall be heard and determined by the Administrative Division of the High Court.
“(3)
Subject to sections 162a to 162g of this Act, every appeal under this section shall be dealt with in accordance with the rules of Court.
“162a Notice of appeal
“(1)
Every appeal under section 162 of this Act shall be instituted by the appellant lodging a notice of appeal within 1 month after the date of the notification of the decision with—
“(a)
The Registrar of the High Court in Wellington;
“(b)
The Registrar of the Tribunal; and
“(c)
The body whose decision was the subject of the Tribunal’s determination, where that determination was made on an appeal to the Tribunal.
“(2)
Either before or immediately after the lodging of the notice of appeal, the appellant shall serve a copy of the notice of appeal, either personally or by post, on every other party to the proceedings before the Tribunal.
“(3)
Every notice of appeal shall specify—
“(a)
The determination or the part of the determination appealed from;
“(b)
The error of law alleged by the appellant;
“(c)
The question of law to be resolved; and
“(d)
The grounds of the appeal, which grounds shall be specified with such reasonable particularity as to give full advice to both the Court and the other parties of the issues involved.
“(4)
The Registrar of the Tribunal shall, as soon as is practicable after receiving a copy of the notice of appeal, send a copy of the whole of the determination appealed from to the Registrar of the High Court in Wellington.
“162b Right to appear and be heard on appeals
“(1)
Any party to the proceedings before the Tribunal who wishes to appear and be heard on the hearing of the appeal shall, within 10 days after the date of the service on him of a copy of the notice of appeal, give notice of that party’s intention to appear and be heard to—
“(a)
The appellant;
“(b)
The Registrar of the High Court in Wellington;
“(c)
The Registrar of the Tribunal; and
“(d)
The body whose decision was the subject of the Tribunal’s determination, where that determination was made on an appeal to the Tribunal.
“(2)
Any party who gives notice of intention to appear and be heard, and the appellant, shall be parties to the appeal and shall be entitled—
“(a)
To be served with every document which is thereafter filed or lodged with the Registrar of the High Court in Wellington and which relates to the appeal; and
“(b)
To receive a notice of the date set down for the hearing of the appeal.
“162c Orders relating to determination of appeals
“(1)
Subject to subsections (2) and (3) of this section, the High Court may, of its own motion or on the application of any party to the appeal, make all or any of the following orders:
“(a)
An order directing the Tribunal to lodge with the Registrar of the High Court in Wellington any document or other written material or any exhibit in the possession or custody of the Tribunal:
“(b)
An order directing the Tribunal to lodge with the Registrar a report recording, in respect of any matter or issue which the Court may specify, any of the findings of fact of the Tribunal which are not set out or frilly set out in its determination:
“(c)
An order directing the Tribunal, so far as is reasonably practicable, to lodge with the Registrar a report setting out, in respect of any matter or issue which the Court may specify, any reasons or consideration of the Tribunal to which the Tribunal had regard but which are not set out in its determination.
“(2)
An application under subsection (1) of this section shall be made—
“(a)
In the case of the appellant, within 1 month after the date of the lodging of the notice of appeal; or
“(b)
In the case of any other party to the appeal, within 1 month after the date of the service on him of a copy of the notice of appeal.
“(3)
The High Court may make an order under subsection (1) of this section only if it is satisfied that a proper determination of the point of law in issue so requires; and the order may be made subject to such conditions as the High Court thinks fit.
“162d Dismissal of appeal
The High Court may dismiss any appeal under section 162 of this Act—
“(a)
If the appellant does not appear at the time appointed for the hearing of the appeal; or
“(b)
If the appellant does not prosecute his appeal with all due diligence and any party applies to the Court for the dismissal of the appeal.
“162e Appeal in respect of additional point of law
Where any party to an appeal under section 162 of this Act, other than the appellant, wishes to contend at the hearing of the appeal that the determination appealed from is erroneous on a point of law other than those set out in the notice of appeal he shall, within 1 month after the date of the service on him of a copy of the notice of appeal, lodge a notice to that effect with the Registrar of the High Court in Wellington. The provisions of sections 162 and 162a(2) and (3), 162c, 162d, 162f, and 162g of this Act shall, as far as they are applicable and with the necessary modifications, apply to any notice lodged under this section as if it were a notice of appeal.
“162f Extension of time
The High Court or a Judge thereof may, in its or his discretion, on the application of the appellant or intending appellant or any other party, extend any time prescribed or allowed under any of the provisions of sections 162a to 162e of this Act for the lodging of any notice, application, or other document.
“162g Date of hearing
When any party to the appeal notifies the Registrar of the High Court in Wellington—
“(a)
That the notice of appeal has been served on all parties to the proceedings; and
“(b)
Either—
“(i)
That no application has been lodged under section 162c of this Act and that no order has been made under that section; or
“(ii)
That any application lodged under section 162c of this Act has been heard and that any order under that section has been complied with,—
the appeal shall be, in all respects, ready for hearing and the Registrar shall arrange a date for the hearing as soon as is practicable.
“162h Appeals to Court of Appeal
The provisions of section 144 of the Summary Proceedings Act 1957 shall apply in respect of any determination of the High Court under section 162 of this Act as if the determination were made under section 107 of the Summary Proceedings Act 1957.”
(2)
Section 40 of the Town and Country Planning Amendment Act 1980 is hereby consequentially repealed.
33 Council may delegate to committees or Commissioners
Section 169a(3) of the principal Act (as inserted by section 41 of the Town and Country Planning Amendment Act 1980) is hereby amended by omitting the words “relating to any matter which is the subject of an application under this Act”
and also the words “in respect of the application”
.
34 Power to enter properties
Section 171 of the principal Act is hereby amended by adding the words “or the expiry of a period of 1 month after the date of its issue, whichever first occurs”
.
35 Penalties for offences
Section 173 of the principal Act is hereby amended—
(a)
By omitting the expression “$2,000”
, and substituting the expression “$10,000”
:
(b)
By omitting the expression “$100”
, and substituting the expression “$1,000”
.
36 Restraining of continuing offences
The principal Act is hereby amended by inserting, after section 173, the following section:
“173a
“(1)
The Council or Maritime Planning Authority in whose district or area an offence against this Act has been committed may, in respect of a continuing offence (whether or not a conviction has been entered in respect of the offence), apply to a District Court for an injunction to restrain the continuance of the offence.
“(2)
The continued existence of anything in a state, or the intermittent repetition of any actions, contrary to any provision of this Act shall be deemed to be a continuing offence.”
37 Matters to be dealt with in district schemes
The Second Schedule to the principal Act is hereby amended by inserting in clause 1, after the words “the interest of”
, the words “children and”
.
38 Amending Public Works Act 1981
(1)
Section 24 of the Public Works Act 1981 is hereby amended by repealing subsection (14), and substituting the following subsection:
“(14)
Subject to sections 162 and 162h of the Town and Country Planning Act 197 7, no appeal shall lie from any report or recommendation of the Planning Tribunal under this section.”
(2)
Section 25 of the Public Works Act 1981 is hereby amended by omitting the words “the Chairman of any Division of the Planning Tribunal, or the alternative Chairman”
, and substituting the words “a Planning Judge or an alternate Planning Judge”
.
39 Savings as to membership of Planning Tribunal
(1)
Notwithstanding the provisions of section 131 of the principal Act (as amended by section 17 of this Act), on the commencement of this Act—
(a)
Every District Court Judge who immediately before such commencement held office as a Chairman of a Division of the Tribunal shall be deemed to have been appointed as a Planning Judge, and shall hold office as such for the remainder of the term for which he would have held office as such a Chairman if this Act had not been enacted:
(b)
Subject to subsection (2) of this section, every person who immediately before the commencement of this Act held office as a member of a Division of the Tribunal (other than as Chairman) shall continue to hold office as a member of the Tribunal for the remainder of the term for which he would have held office if this Act had not been enacted.
(2)
If any member of a Division of the Tribunal is holding office immediately before the commencement of this Act by virtue of section 131(4) of the principal Act, he shall cease to hold office on the commencement of this section.
(3)
Every member of the Tribunal who continues to hold office pursuant to subsection (1)(b) of this section, and whose term of office expires on or before the 31st day of December 1984, may be reappointed as a member of the Tribunal for a further term notwithstanding that there will thereby be more than 10 members of the Tribunal after excluding the Planning Judges.
(4)
Every reference in any enactment passed before the date of commencement of this section to the Chairman of a Division of the Planning Tribunal shall be deemed for all purposes to be a reference to a Planning Judge.
40 Provision in district scheme for certain public works deemed to be removed on 1 February 1982
(1)
Subject to subsection (2) of this section, where at any time before the commencement of this Act—
(a)
Any provision has been included in a district scheme under section 36(8) of the principal Act; or
(b)
Any requirement has been made, or any provision has been included in a district scheme, under section 43 or section 118 of the principal Act—
and the requirement could not lawfully have been made or the provision could not lawfully have been so included on or after the commencement of this Act, the requirement shall be deemed to have been withdrawn, and the provision shall be deemed to have been removed from the district scheme, on the 1st day of February 1982; and the Council shall accordingly amend the district scheme.
(2)
Nothing in subsection (1) of this section shall apply in respect of any provision or requirement which was included in a district scheme, before the 1st day of February 1982, for—
(a)
An existing or proposed reserve, or reserve purposes, under the Reserves Act 1977; or
(b)
An existing or proposed national park, or national park purposes, under the National Parks Act 1980.
(3)
Sections 43a and 118a of the principal Act are hereby repealed.
(4)
Sections 245 and 246 of the Public Works Act 1981 are hereby consequentially repealed.
This Act is administered in the Ministry of Works and Development.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Town and Country Planning Amendment Act 1983
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