Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010

  • repealed
  • Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010: repealed, on the close of 13 October 2016, by section 6.

Transitional provision

69 Procedures if proposed regional policy statement or plan under consideration before commencement day

(1)

Subsection (2) applies if, on or after the commencement day,—

(a)

ECan revokes a delegation under section 34 or 34A of the RMA of the power to make a decision under clause 10 of Schedule 1 of that Act on a matter raised in a submission on a proposed regional policy statement or plan; and

(b)

any hearing on that submission has been concluded.

(2)

Despite any other enactment or rule of law, ECan (or any other person to whom the power is delegated under section 34 or 34A of the RMA to make a decision on the submission under clause 10 of Schedule 1 of that Act) may make the decision—

(a)

without holding a further hearing; but

(b)

only after first considering—

(i)

the submissions made in relation to that matter; and

(ii)

the evidence presented at the hearing; and

(iii)

any reports of an officer of ECan or expert commissioned by the person with authority to conduct a hearing under section 34 or 34A of the RMA.

(3)

Despite any other enactment or rule of law, after the commencement day ECan is not required to give a further opportunity to any person to make submissions on, or be heard in relation to, a proposed regional policy statement or plan solely because of changes in the matters to which ECan must have particular regard when making decisions under clause 10(1) of Schedule 1 of the RMA.