Section 177 — Resource Management Act 1991: Land subject to existing designation or heritage order

177 Land subject to existing designation or heritage order (1) Subject to sections 9(3) and 11 to 15 , where a designation is included in a district plan, and the land that is the subject of the designation is already the subject of an earlier designation or heritage order,— (a) The requiring authority responsible for the later designation may do anything that is in accordance with that designation only if that authority has first obtained the written consent of the authority responsible for the earlier designation or order; and (b) The authority responsible for the earlier designation or order may, notwithstanding section 176(1)(b) and without obtaining the prior written consent of the later requiring authority, do anything that is in accordance with the earlier designation or order. (2) The authority responsible for the earlier designation or order may withhold its consent under subsection (1) only if that authority is satisfied— (a) That, in the case of an earlier designation, the thing to be done would prevent or hinder the public work or project or work to which the designation relates; or (b) That in the case of an earlier heritage order, the thing to be done would wholly or partly nullify the effect of the order. Subsection (1) was amended, as from 7 July 1993, by section 91 Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “ Subject to sections 9(3) and 11 to 15, where ” for the word “ Where ” , by omitting the words “ under section 175 ” , and by substituting in paragraphs (a) and (b) the words “ in accordance with ” for the words “ consistent with ” .