Section 171 — Resource Management Act 1991: Recommendation by territorial authority

171 Recommendation by territorial authority (1) When considering a requirement and any submissions received, a territorial authority must, subject to Part 2 , consider the effects on the environment of allowing the requirement, having particular regard to— (a) any relevant provisions of— (i) a national policy statement: (ii) a New Zealand coastal policy statement: (iii) a regional policy statement or proposed regional policy statement: (iv) a plan or proposed plan; and (b) whether adequate consideration has been given to alternative sites, routes, or methods of undertaking the work if— (i) the requiring authority does not have an interest in the land sufficient for undertaking the work; or (ii) it is likely that the work will have a significant adverse effect on the environment; and (c) whether the work and designation are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought; and (d) any other matter the territorial authority considers reasonably necessary in order to make a recommendation on the requirement. (2) The territorial authority may recommend to the requiring authority that it— (a) confirm the requirement: (b) modify the requirement: (c) impose conditions: (d) withdraw the requirement. (3) The territorial authority must give reasons for its recommendation under subsection (2) . Subsection (1) was amended, as from 7 July 1993, by section 87 Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “ Subject to Part 2, when ” for the word “ When ” , and by omitting from para (d) the expression “ ; and ” . Subsection (1)(d) was substituted, as from 17 December 1997, by section 36(1) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Subsection (1)(e) was repealed, as from 7 July 1993, by section 87(c) Resource Management Amendment Act 1993 (1993 No 65). Subsection (2)(a) was substituted, as from 17 December 1997, by section 36(2) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Section 171 was substituted, as from 1 August 2003, by section 63 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.