Section 85B — Resource Management Act 1991: Process to apply if plan or proposed plan does not comply with section 85A

85B Process to apply if plan or proposed plan does not comply with section 85A (1) If the holder of a customary rights order considers that a rule in a plan or proposed plan does not comply with section 85A , the holder may— (a) make a submission to the local authority concerned under clause 6 or clause 8 of Schedule 1; or (b) request a change under clause 21 of Schedule 1; or (c) apply to the Environment Court in accordance with section 293A(3) for a change to a rule in the plan or proposed plan. (2) A local authority or the Environment Court, as the case may be, in determining whether or not a rule in a plan or proposed plan complies with section 85A , must consider the following matters : (a) the effects of the proposed activity on the recognised customary activity; and (b) the area that the proposed activity would have in common with the recognised customary activity; and (c) the degree to which the proposed activity must be carried out to the exclusion of other activities; and (d) the degree to which the recognised customary activity must be carried out to the exclusion of other activities; and (e) whether the recognised customary activity can be exercised only in a particular area. Sections 85A and 85B were inserted, as from 17 January 2005, by section 21 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.