149U Consideration of matter by Environment Court

(1)

The Environment Court, when considering a matter referred to it under section 149T, must—

(a)

have regard to the Minister’s reasons for making a direction in relation to the matter; and

(b)

consider any information provided to it by the EPA under section 149G; and

(c)

act in accordance with subsection (2), (3), (4), (5), (6), or (7), as the case may be.

(2)

If considering a matter that is an application for a resource consent, the court must apply sections 104 to 104D and 105 to 112 and 138A as if it were a consent authority.

(3)

If considering a matter that is an application for a change to or cancellation of the conditions of a resource consent, the court must apply sections 104 to 104D and 105 to 112 as if—

(a)

it were a consent authority and the application were an application for resource consent for a discretionary activity; and

(b)

every reference to a resource consent and to the effects of the activity were a reference to the change or cancellation of a condition and the effects of the change or cancellation, respectively.

(4)

If considering a matter that is a notice of requirement for a designation or to alter a designation, the court—

(a)

must have regard to the matters set out in section 171(1) and comply with section 171(1A) as if it were a territorial authority; and

(b)

may—

(i)

cancel the requirement; or

(ii)

confirm the requirement; or

(iii)

confirm the requirement, but modify it or impose conditions on it as the court thinks fit; and

(c)

may waive the requirement for an outline plan to be submitted under section 176A.

(4A)

However, if the requiring authority is the Minister of Education or the Minister of Defence, the court may not impose a condition under subsection (4)(b)(iii) requiring a financial contribution (as defined in section 108(9)).

(5)

If considering a matter that is a notice of requirement for a heritage order or to alter a heritage order, the court—

(a)

must have regard to the matters set out in section 191(1); and

(b)

may—

(i)

cancel the requirement; or

(ii)

confirm the requirement; or

(iii)

confirm the requirement, but modify it or impose conditions on it as the court thinks fit (including a condition that the heritage protection authority reimburse the owner of the place concerned for any additional costs of upkeep of the place resulting from the making or the modifying of the order).

(6)

If considering a matter that is a variation to a proposed regional plan, a proposed regional plan, or a change to a regional plan, the court—

(a)

must apply clause 10(1) to (3) of Schedule 1 as if it were a local authority; and

(b)

may exercise the powers under section 293; and

(c)

must apply sections 66 to 70, 77A, and 77D as if it were a regional council.

(7)

If considering a matter that is a change to a district plan or a variation to a proposed district plan, the court—

(a)

must apply clause 10(1) to (3) of Schedule 1 as if it were a local authority; and

(b)

may exercise the powers under section 293; and

(c)

must apply sections 74 to 77D as if it were a territorial authority.

(7A)

If considering a matter relating to a regional policy statement, the court—

(a)

must apply clause 10(1) to (3) of Schedule 1 as if it were a local authority; and

(b)

may exercise the powers under section 293; and

(c)

must apply sections 61 and 62 as if it were a regional council.

(8)

Part 11 applies to proceedings under this section, except if inconsistent with any provision of this section.

Section 149U: inserted, on 1 October 2009, by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 149U(2): amended, on 1 July 2020, by section 55(1) of the Resource Management Amendment Act 2020 (2020 No 30).

Section 149U(3): amended, on 1 July 2020, by section 55(2) of the Resource Management Amendment Act 2020 (2020 No 30).

Section 149U(4A): inserted, on 1 July 2020, by section 55(3) of the Resource Management Amendment Act 2020 (2020 No 30).

Section 149U(6)(c): amended, on 1 July 2020, by section 55(4) of the Resource Management Amendment Act 2020 (2020 No 30).

Section 149U(7A): inserted, on 1 July 2020, by section 55(5) of the Resource Management Amendment Act 2020 (2020 No 30).