Marine and Coastal Area (Takutai Moana) Act 2011

93 Obligations on regional councils in relation to planning documents
Preliminary obligations

(1)

A regional council with functions in a region where 1 or more planning documents are registered in accordance with section 86 must, until the requirements of subsection (5) have been completed, attach the planning documents to copies of its relevant regional documents that it makes publicly available.

Identification and application of resource management matters included in planning document

(2)

Between the time that a planning document is lodged under section 86(1) and the time it is deemed to be registered under section 86(2), a regional council must identify the matters in the planning document that relate to resource management issues within its functions under the Resource Management Act 1991, to the extent that those matters are relevant within—

(a)

the customary marine title area to which the planning document relates; and

(b)

any parts of the common marine and coastal area to which the planning document relates other than the customary marine title area.

(3)

When considering, under section 104 of the Resource Management Act 1991, a resource consent application for an activity that would, if the consent were granted, directly affect, wholly or in part, the area to which the planning document applies, a consent authority of a regional council must have regard to any matters identified under subsection (2).

(4)

The obligation under subsection (3) applies only to the matters in respect of which a regional council is able to exercise discretion.

(5)

The obligation under subsection (3) continues until—

(a)

a regional document, altered in accordance with this section, becomes operative in accordance with Schedule 1 of the Resource Management Act 1991; or

(b)

30 working days after the date that the customary marine title group is informed of the decision under subsection (11) that no alterations are to be made to the relevant regional documents.

Obligations with respect to relevant regional documents

(6)

A regional council must initiate a process to determine whether to alter its relevant regional documents, if and to the extent that any alteration would achieve the purpose of the Resource Management Act 1991, in order to—

(a)

recognise and provide for any matters identified under subsection (2)(a); and

(b)

take into account any matters identified under subsection (2)(b).

(7)

The process required by subsection (6) may be commenced—

(a)

at any time after a planning document is registered; but

(b)

not later than the first proposed change to, or variation or review of, any provision in a relevant regional document that applies to a customary marine title area.

(8)

In making a determination under subsection (6), a regional council must consider the extent to which alterations must be made to its relevant regional documents to—

(a)

recognise and provide for the matters in a planning document that relate to the customary marine title area; and

(b)

take into account the matters in a planning document that relate to the parts of the common marine and coastal area other than the customary marine title area.

(9)

The obligations on a regional council under subsection (8) must be carried out in accordance with the requirements and procedures that relate to regional documents in—

(a)

Part 5 of the Resource Management Act 1991; and

(b)

Schedule 1 of that Act.

(10)

A regional council may decide, in conducting the process required by subsection (6), not to alter its relevant regional documents, but only on the grounds that the matters in the planning document—

(a)

are already provided for in a relevant regional document; or

(b)

would not achieve the purpose of the Resource Management Act 1991; or

(c)

would be more effectively and efficiently addressed in another way.

(11)

If a regional council determines that no alterations should be notified in a proposed policy statement or plan that is notified under clause 5 of Schedule 1 of the Resource Management Act 1991, it must inform the customary marine title group in writing and provide reasons for its decision within 5 working days of that decision.

(12)

If an application is made to a regional council under Part 2 of Schedule 1 of the Resource Management Act 1991 for a private plan change that includes a customary marine title area in respect of which a planning document has been lodged,—

(a)

the provisions of Part 2 of that schedule apply to the application, subject to the regional council having regard to any matters in the planning document when making a decision under clause 25 of that schedule; and

(b)

if the private plan change is not rejected or treated as a resource consent application, the regional council must adopt the request and initiate the process required by subsection (6).