Section 191 — Resource Management Act 1991: Recommendation by territorial authority

191 Recommendation by territorial authority (1) Subject to Part 2 , when considering a requirement made under section 189 , a territorial authority shall have regard to the matters set out in the notice given under section 189 (together with any further information supplied under section 190 ), and all submissions, and shall also have particular regard to— (a) Whether the place merits protection; and (b) Whether the requirement is reasonably necessary for protecting the place to which the requirement relates; and (c) Whether the inclusion in the requirement of any area of land surrounding the place is necessary for the purpose of ensuring the protection and reasonable enjoyment of the place; and (d) All relevant provisions of any national policy statement, New Zealand coastal policy statement, regional policy statement, regional plan, or district plan; and (e) Section 189(1) ; and (f) As appropriate, management plans or strategies approved under any other Act which relate to the place. (2) After considering a requirement made under section 189 , the territorial authority may recommend— (a) That the requirement be confirmed, with or without modifications; or (b) That the requirement be withdrawn. (3) In recommending the confirmation of a requirement under subsection (2)(a) , the territorial authority may recommend the imposition of— (a) A condition that the heritage protection authority reimburse the owner of the place for any additional costs of upkeep of the place required as a result of the making of the heritage order: (b) Such other conditions as the territorial authority considers appropriate. (4) The territorial authority shall give reasons for a recommendation made under subsection (2) . Subsection (1) was amended, as from 7 July 1993, by section 104 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 paragraph (e) the words “ Part 2 and ” .