Section 66 — Resource Management Act 1991: Matters to be considered by regional council
Text of the provision Official document
66 Matters to be considered by regional council (1) A regional council shall prepare and change any regional plan in accordance with its functions under section 30 , the provisions of Part 2 , a direction given under section 25A(1) , its duty under section 32 , and any regulations. (2) In addition to the requirements of section 67(3) and (4) , when preparing or changing any regional plan, the regional council shall have regard to— (a) Any proposed regional policy statement in respect of the region; and (b) The Crown's interests in land of the Crown in the coastal marine area; and (c) Any— (i) Management plans and strategies prepared under other Acts; and (ii) [Repealed] (iia) Relevant entry in the Historic Places Register; and (iii) Regulations relating to ensuring sustainability, or the conservation, management, or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or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Maori customary fishing); and (iv) [Repealed] to the extent that their content has a bearing on resource management issues of the region; and (d) The extent to which the regional plan needs to be consistent with the regional policy statements and plans, or proposed regional policy statements and proposed plans, of adjacent regional councils. (2A) A regional council, when preparing or changing a regional plan, 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 plan, a regional council must not have regard to trade competition. Subsection (1) was amended, as from 10 August 2005, by section 40(1) Resource Management Amendment Act 2005 (2005 No 87) by inserting the words “ a direction given under section 25A(1), ” after the expression “ Part 2, ” . See sections 131 to 135 of that Act as to the transitional provisions. Subsection (2) was amended, as from 10 August 2005, by section 40(2) Resource Management Amendment Act 2005 (2005 No 87) by substituting the words “ section 67(3) and (4) ” for the expression “ section 67(2) ” . See sections 131 to 135 of that Act as to the transitional provisions. Subsection (2)(c)(ii) was repealed, as from 1 August 2003, by section 27(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)(c)(iia) was inserted, as from 1 July 1993, by section 118(2) Historic Places Act 1993 (1993 No 38). Subsection (2)(c)(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)(c)(iv) was repealed, as from 1 August 2003, by section 27(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 27(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 17 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 13 Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions.
Official source: legislation.govt.nz
Search case law on this topic
See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.
Explore case law →