Section 74 — Resource Management Act 1991: Matters to be considered by territorial authority

74 Matters to be considered by territorial authority (1) A territorial authority shall prepare and change its district plan in accordance with its functions under section 31 , the provisions of Part 2 , a direction given under section 25A(2) , its duty under section 32 , and any regulations. (2) In addition to the requirements of section 75(3) and (4) , when preparing or changing a district plan, a territorial authority shall have regard to— (a) Any— (i) Proposed regional policy statement; or (ii) Proposed regional plan of its region in regard to any matter of regional significance or for which the regional council has primary responsibility under Part 4 ; and (b) Any— (i) Management plans and strategies prepared under other Acts; and (ii) [Repealed] (iia) Relevant entry in the Historic Places Register; and (iii) Regulations relating to ensuring sustainability, or the conservation, management, or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),—

to the extent that their content has a bearing on resource management issues of the district; and (c) The extent to which the district plan needs to be consistent with the plans or proposed plans of adjacent territorial authorities. (2A) A territorial authority, when preparing or changing a district plan, must— (a) take into account any relevant planning document recognised by an iwi authority and lodged with the territorial authority, to the extent that its content has a bearing on resource management issues of the district; and (b) recognise and provide for the management plan for a foreshore and seabed reserve adjoining its district, once the management plan has been lodged with the territorial authority, to the extent that its contents have a bearing on the resource management issues of the district. (3) In preparing or changing any district plan, a territorial authority must not have regard to trade competition. Subsection (1) was amended, as from 10 August 2005, by section 45(1) Resource Management Amendment Act 2005 (2005 No 87) by inserting the words “ a direction given under section 25A(2), ” 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 45(2) Resource Management Amendment Act 2005 (2005 No 87) by substituting the words “ section 75(3) and (4) ” for the expression “ section 75(2) ” . See sections 131 to 135 of that Act as to the transitional provisions. Subsection (2)(a) was substituted, as from 17 December 1997, by section 15(1) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Subsection (2)(b)(ii) was repealed, as from 1 August 2003, by section 31(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)(b)(iia) was inserted, as from 1 July 1993, by section 118(2) Historic Places Act 1993 (1993 No 38). Subsection (2)(b)(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 (2A) was inserted, as from 1 August 2003, by section 31(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 18 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 15(2) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions.