Section 293 — Resource Management Act 1991: Environment Court may order change to policy statements and plans

293 Environment Court may order change to policy statements and plans (1) After hearing an appeal against, or an inquiry into, the provisions of any policy statement or plan that is before the Environment Court, the Court may direct the local authority to— (a) prepare changes to the policy statement or plan to address any matters identified by the Court: (b) consult the parties and other persons that the Court directs about the changes: (c) submit the changes to the Court for confirmation. (2) The Court— (a) must state its reasons for giving a direction under subsection (1) ; and (b) may give directions under subsection 1 relating to a matter that it directs to be addressed. (3) Subsection (4) applies if the Environment Court finds that a policy statement or plan that is before the Court departs from— (a) a national policy statement: (b) the New Zealand coastal policy statement: (c) a relevant regional policy statement: (d) a relevant regional plan: (e) a water conservation order. (4) The Environment Court may allow a departure to remain if it considers that it is of minor significance and does not affect the general intent and purpose of the policy statement or plan. (5) In subsections (3) and (4) , departs and departure mean that a policy statement or plan— (a) does not give effect to a national policy statement, the New Zealand coastal policy statement, or a relevant regional policy statement; or (b) is inconsistent with a relevant regional plan or water conservation order. The words “ Environment Court ” in subsection (1) 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). The words “ Environment Court ” in subsections (2) to (4) were substituted, as from 2 September 1996, for the word “ Tribunal ” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160). Subsection (4) was substituted, as from 1 August 2003, by section 81 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsections (5) and (6) were inserted, as from 1 August 2003, by section 81 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Section 293 was substituted, as from 10 August 2005, by section 107 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.