Section 65 — Resource Management Act 1991: Preparation and change of other regional plans

65 Preparation and change of other regional plans (1) A regional council may prepare a regional plan for the whole or part of its region for any function specified in section 30(1)(c) , (ca) , (e) , (f) , (fa) , (fb) , (g) , or (ga) . (1A) A regional council given a direction under section 25A(1) must— (a) prepare a regional plan that implements the direction; or (b) prepare a change to its regional plan in a way that implements the direction; or (c) prepare a variation to its regional plan in a way that implements the direction. (2) A plan must be prepared in accordance with Schedule 1 . (3) Without limiting the power of a regional council to prepare a regional plan at any time, a regional council shall consider the desirability of preparing a regional plan whenever any of the following circumstances or considerations arise or are likely to arise: (a) Any significant conflict between the use, development, or protection of natural and physical resources or the avoidance or mitigation of such conflict: (b) Any significant need or demand for the protection of natural and physical resources or of any site, feature, place, or area of regional significance: (c) Any threat from natural hazards or any actual or potential adverse effects of the storage, use, disposal, or transportation of hazardous substances which may be avoided or mitigated: (d) Any foreseeable demand for or on natural and physical resources: (e) Any significant concerns of tangata whenua for their cultural heritage in relation to natural and physical resources: (f) The restoration or enhancement of any natural and physical resources in a deteriorated state or the avoidance or mitigation of any such deterioration: (g) The implementation of a national policy statement or New Zealand coastal policy statement: (h) Any use of land or water that has actual or potential adverse effects on soil conservation or air quality or water quality: (i) Any other significant issue relating to any function of the regional council under this Act. (4) Any person may request a regional council to prepare or change a regional plan in the manner set out in Schedule 1 . (5) A regional plan may be changed by the regional council in the manner set out in Schedule 1 . (6) A regional council must amend a proposed regional plan or regional plan to give effect to a regional policy statement, if— (a) the statement contains a provision to which the plan does not give effect; and (b) 1 of the following occurs: (i) the statement is reviewed under section 79 and not changed or replaced; or (ii) the statement is reviewed under section 79 and is changed or replaced and the change or replacement becomes operative; or (iii) the statement is changed or varied and becomes operative. (7) A local authority must comply with subsection (6) — (a) within the time specified in the statement, if a time is specified; or (b) as soon as reasonably practicable, in any other case. Subsection (1) was substituted, as from 1 August 2003, by section 26 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (1) was amended, as from 10 August 2005, by section 39(1) Resource Management Amendment Act 2005 (2005 No 87) by substituting the expression “ (ca), (e), (f), (fa), (fb), (g), or (ga) ” for the expression “ (e), (f), (g), or (ga) ” . See sections 131 to 135 of that Act as to the transitional provisions. Subsection (1A) was inserted, as from 10 August 2005, by section 39(2) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. Subsection (2) was substituted, as from 1 August 2003, by section 26 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (5) was amended, as from 7 July 1993, by section 36 Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ by the regional council ” . Subsections (6) and (7) were inserted, as from 10 August 2005, by section 39(3) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.