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StatuteResource Management Act 1991

Section 61 — Resource Management Act 1991: Matters to be considered by regional council (policy statements)

Text of the provision Official document

61 Matters to be considered by regional council (policy statements) (1) A regional council shall prepare and change its regional policy statement in accordance with its functions under section 30 , the provisions of Part 2 , and its duty under section 32 and any regulations. (2) In addition to the requirements of section 62(2) , when preparing or changing a regional policy statement, the regional council shall have regard to— (a) Any— (i) Management plans and strategies prepared under other Acts; and (ii) [Repealed] (iia) Relevant entry in the Historic Places Register; and (iii) Regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Maori customary fishing); and (iv) [Repealed] to the extent that their content has a bearing on resource management issues of the region; and (b) The extent to which the regional policy statement needs to be consistent with the policy statements and plans of adjacent regional councils. (2A) A regional council, when preparing or changing a regional policy statement, must— (a) take into account any relevant planning document recognised by an iwi authority, and lodged with the council, to the extent that its content has a bearing on resource management issues of the region; and (b) recognise and provide for the management plan for a foreshore and seabed reserve located in whole or in part within its region, once the management plan has been lodged with the council. (3) In preparing or changing any regional policy statement, a regional council must not have regard to trade competition. Subsection (2)(a)(ii) was repealed, as from 1 August 2003, by section 24(1) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (2)(a)(iia) was inserted, as from 1 July 1993, by section 118(2) Historic Places Act 1993 (1993 No 38). Subsection (2)(a)(iii) was substituted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255). Subsection (2)(a)(iv) was repealed, as from 1 August 2003, by section 24(1) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (2A) was inserted, as from 1 August 2003, by section 24(2) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (2A) was substituted, as from 17 January 2005, by section 14 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act. Subsection (3) was inserted, as from 17 December 1997, by section 11 Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. The section title was consequentially amended to include the words “ (policy statements) ” .

Official source: legislation.govt.nz

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