Section 216 — Resource Management Act 1991: Revocation or variation of order
Text of the provision Official document
216 Revocation or variation of order (1) Until the expiration of 2 years after the date a water conservation order is made under section 214 (or under the corresponding provision of any former enactment),— (a) No application shall be made to the Minister to revoke any such order; and (b) The Minister shall reject any application made under subsection (2) to amend any such order unless, after having regard to the purposes of the order and the restrictions and prohibitions imposed by the order, the Minister is satisfied that the amendment to which the application relates— (i) Will have no more than a minor effect; or (ii) Is of a technical nature and would enable the order to better achieve any purpose for which it was made; and (c) No recommendation shall be made to the Governor-General— (i) To revoke any such order; or (ii) To amend any such order unless the Minister is satisfied that the amendment is of a minor nature or of a technical nature which would enable the order to better achieve any purpose for which it was made. (2) Except as provided in subsection (1) , any person may at any time apply to the Minister for the revocation or amendment of any water conservation order, and every such application shall state the reasons for the application. (3) Upon receipt of an application made under subsection (2) , if— (a) The Minister is of the opinion that the application should not be rejected but that, by reason of the minor effect of the amendment, it is unnecessary to hold an inquiry; and (b) The original applicant for the order (if that person can be located) and the regional council agree to the amendment— the Minister may recommend that the order be amended, and the Governor-General may, by Order in Council made on the recommendation of the Minister, amend the order accordingly. (4) Except as provided in subsection (3) , an application made under subsection (2) for the revocation or amendment of a water conservation order shall be dealt with in the same manner as an application for such an order, and sections 201 to 215 shall apply accordingly.
Official source: legislation.govt.nz
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