Subpart 3—Miscellaneous provisions

Subpart 3: inserted, on 1 October 2009, by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Process after decision of board of inquiry or court on certain matters

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

149W Local authority to implement decision of board or court about proposed regional plan or change or variation

(1)

Subsections (2) and (3) apply to a local authority if a board of inquiry or the Environment Court—

(a)

considers a matter that is a proposed regional plan, a change to a plan, a variation to a proposed plan, a change to a regional policy statement, or a variation to a proposed regional policy statement; and

(b)

decides that changes must be made to that matter.

(2)

As soon as practicable after receiving notice of the decision of the board or the court under section 149R(4) or 149U, as the case may be,—

(a)

the local authority must amend the proposed regional plan or a change or variation to a plan or regional policy statement under clause 16(1) of Schedule 1, and that clause applies accordingly as if the decision were a direction of the Environment Court under section 293; and

(b)

if the decision is in respect of a proposed regional plan, or a change or variation to a district or regional plan (other than a regional coastal plan), or a regional policy statement, the local authority must—

(i)

approve the proposed plan, change, or variation under clause 17 of Schedule 1; and

(ii)

make the plan, change, or variation operative by giving public notice in accordance with clause 20 of Schedule 1; and

(c)

if the decision is in respect of a change or variation to a regional coastal plan, the local authority must—

(i)

adopt the change or variation under clause 18(1) of Schedule 1; and

(ii)

send the plan to the Minister of Conservation for his or her approval in accordance with clause 19 of Schedule 1; and

(iii)

following approval of the change or variation by the Minister of Conservation, make the change operative by giving public notice in accordance with clause 20 of Schedule 1.

(3)

For the purposes of subsection (2)(c)(ii), clause 19 of Schedule 1 must be read as if the reference to any direction of the Environment Court were a reference to any decision of the Environment Court or a board of inquiry.

(4)

A local authority must comply with section 175 if a board of inquiry or the Environment Court confirms a requirement under this Part.

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

Section 149W(1): replaced, on 1 July 2020, by section 56(1) of the Resource Management Amendment Act 2020 (2020 No 30).

Section 149W(2)(a): amended, on 1 July 2020, by section 56(2) of the Resource Management Amendment Act 2020 (2020 No 30).

Section 149W(2)(b): amended, on 1 July 2020, by section 56(3) of the Resource Management Amendment Act 2020 (2020 No 30).