Section 85 — Resource Management Act 1991: Compensation not payable in respect of controls on land

85 Compensation not payable in respect of controls on land (1) An interest in land shall be deemed not to be taken or injuriously affected by reason of any provision in a plan unless otherwise provided for in this Act. (2) Notwithstanding subsection (1) , any person having an interest in land to which any provision or proposed provision of a plan or proposed plan applies, and who considers that the provision or proposed provision would render that interest in land incapable of reasonable use, may challenge that provision or proposed provision on those grounds— (a) In a submission made under Part 1 of the First Schedule in respect of a proposed plan or change to a plan; or (b) In an application to change a plan made under clause 21 of Schedule 1. (3) Where, having regard to Part 3 (including the effect of section 9(1) ) and the effect of subsection (1) , the Environment Court determines that a provision or proposed provision of a plan or a proposed plan renders any land incapable of reasonable use, and places an unfair and unreasonable burden on any person having an interest in the land, the Court, on application by any such person to change a plan made under clause 21 of Schedule 1, may— (a) In the case of a plan or proposed plan (other than a regional coastal plan), direct the local authority to modify, delete, or replace the provision; and (b) In the case of a regional coastal plan, report its findings to the applicant, the regional council concerned, and the Minister of Conservation, which report may include a direction to the regional council to modify, delete, or replace the provision. (4) Any direction given or report made under subsection (3) shall have effect under this Act as if it were made or given under clause 15 of Schedule 1. (5) In subsections (2) and (3) , a “ provision of a plan or proposed plan ” does not include a designation or a heritage order or a requirement for a designation or heritage order. (6) In subsections (2) and (3) , the term reasonable use , in relation to any land, includes the use or potential use of the land for any activity whose actual or potential effects on any aspect of the environment or on any person other than the applicant would not be significant. (7) Nothing in subsection (3) limits the powers of the Environment Court under clause 15 of Schedule 1 on an appeal under clause 14 . Subsection (2)(a) was amended, as from 7 July 1993, by section 43(1) Resource Management Amendment Act 1993 (1993 No 65) by substituting the expression “ Part 1 ” for the expression “ clause 6 ” , and subsection (2)(b) was amended by the same provision by substituting the expression “ clause 21 ” for the expression “ sections 64(4), 65(4), or 73(2) and under clause 23 ” . Subsection (3) was amended, as from 7 July 1993, by section 43(2) Resource Management Amendment Act 1993 (1993 No 65) by substituting the expression “ clause 21 ” for the expression “ section 64(4) or section 65(4) or section 73(2) or under clause 23 ” . The words “ Environment Court ” and “ Court ” in subsection (3) were substituted, as from 2 September 1996, for the words “ Planning Tribunal ” and “ Tribunal ” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160). The words “ Environment Court ” in subsection (7) 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). Subsection (7) was amended, as from 1 August 2003, by section 95 Resource Management Amendment Act 2003 (2003 No 23) by substituting the words “ an appeal ” for the words “ a reference ” . See sections 109 to 113 of that Act as to the transitional and savings provisions.