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StatuteResource Management Act 1991

Section 150 — Resource Management Act 1991: Residual powers of authorities

Text of the provision Official document

150 Residual powers of authorities (1) Subsection (2) applies to the consent authority that would have decided an application for a resource consent, if the Minister had not made a direction under section 141C . (2) The consent authority— (a) has the powers in sections 127 to 132 in relation to the resource consent, but— (i) must not exercise any of them without first obtaining the written consent of the Minister; and (ii) must comply with any conditions imposed by the Minister on their exercise; and (b) has all other functions, duties, and powers in relation to the consent as if it had granted the consent itself. (3) Subsection (4) applies to the local authority that would have decided one of the following matters, if the Minister had not made a direction under section 141C : (a) a request for a change to be made to a plan under Schedule 1 ; or (b) a request for the preparation of a regional plan under Schedule 1 ; or (c) a notice of requirement under any of sections 168 , 168A , 169 , and 189A . (4) The local authority has all other functions, duties, and powers in relation to the request or requirement as if it had decided the request or requirement itself. Section 150 was substituted, as from 10 August 2005, by section 82 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.

Official source: legislation.govt.nz

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