Section 178 — Resource Management Act 1991: Interim effect of requirement

178 Interim effect of requirement (1) Where, under section 168 or section 168A or clause 4 of Schedule 1, a requiring authority has given notice of a requirement for a designation for a public work or project or work, then during the period described in subsection (3) , regardless of the provisions of any plan or resource consent, no person may, without the prior written consent of the requiring authority, do anything (including the things referred to in subparagraphs (i) to (iii) of section 176(1)(b) ) that would prevent or hinder the public work or project or work. (2) Subsection (1) does not prevent any authority responsible for an earlier designation or heritage order from doing anything that is in accordance with the earlier designation or order. (3) For the purposes of subsection (1) , the period commences on the date on which notice of the requirement is given to the territorial authority under section 168 or clause 4 of Schedule 1, or the date a territorial authority resolves to publicly notify its own requirement under section 168A or to include its own requirement in a proposed plan under clause 4 of Schedule 1, and ends on the earliest of the following days: (a) The day on which the requirement is withdrawn by the requiring authority: (b) The day on which the requirement is cancelled by the Environment Court: (c) The day on which the designation is included in the district plan. (4) No person who contravenes subsection (1) during the period described in subsection (5) commits an offence against this Act unless that person knew, or could reasonably have been expected to have known, at the time of the contravention, that the requiring authority had given notice of the requirement. (5) For the purposes of subsection (4) , the period commences on the date on which the requiring authority gives notice of the requirement under section 168 or clause 4 of Schedule 1 and ends on the day upon which the territorial authority publicly notifies the requirement under that section or the proposed plan under clause 5 of that Schedule. (6) Subsection (4) applies notwithstanding anything to the contrary in section 338 and section 341 (which deal with offences). Subsection (1) was amended, as from 7 July 1993, by section 92(1) Resource Management Amendment Act 1993 (1993 No 65) by substituting the expression “ section 168 or section 168A ” for the expression “ section 168 ” . Subsection (2) was amended, as from 7 July 1993, by section 92(2) Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “ in accordance with ” for the words “ consistent with ” . Subsection (3) was amended, as from 7 July 1993, by section 92(3) Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ , or the date a territorial authority resolves to publicly notify its own requirement under section 168A or to include its own requirement in a proposed plan under clause 4 of Schedule 1, ” . The words “ Environment Court ” in subsection (3) were substituted, as from 2 September 1996, for the words “ Planning Tribunal ” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).