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StatuteResource Management Act 1991

Section 189A — Resource Management Act 1991: Notice of requirement by territorial authority

Text of the provision Official document

189A Notice of requirement by territorial authority (1) A territorial authority may publicly notify, in accordance with section 93(2) , a requirement for a heritage order within its own district for the purposes specified in section 189(1) ; and the provisions of section 189 shall apply, with all necessary modifications, to such notice. (2) Sections 96 , 97 , and 99 to 103 shall apply, with all necessary modifications, in respect of a notice under subsection (1) , as if every reference in those sections— (a) To a resource consent were a reference to the requirement; and (b) To an applicant were a reference to the territorial authority; and (c) To an application for a resource consent were a reference to the notice under subsection (1) . (3) In considering a requirement under this section, a territorial authority shall have regard to the matters set out in section 191 and all submissions, and may— (a) Confirm or withdraw a requirement; or (b) Modify a requirement in such a manner, or impose such conditions, as the territorial authority thinks fit. Section 189A was inserted, as from 7 July 1993, by section 103 Resource Management Amendment Act 1993 (1993 No 65). Subsection (1) was amended, as from 1 August 2003, by section 95 Resource Management Amendment Act 2003 (2003 No 23) by substituting the expression “ 93(2) ” for the expression “ 93 ” . See sections 109 to 113 of that Act as to the transitional and savings provisions.

Official source: legislation.govt.nz

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