Section Sch1-25 — Resource Management Act 1991: Local authority to consider request

25 Local authority to consider request (1) A local authority shall, within 30 working days of— (a) Receiving a request under clause 21 ; or (b) Receiving all required information or any report which was commissioned under clause 23 ; or (c) Modifying the request under clause 24 — whichever is the latest, decide under which of subclauses (2) , (3) , and (4) , or a combination of subclauses (2) and (4) , the request shall be dealt with. (2) The local authority may either— (a) Adopt the request, or part of the request, as if it were a proposed policy statement or plan made by the local authority itself and, if it does so,— (i) The request must be notified in accordance with clause 5 of this Schedule within 4 months of the local authority adopting the request; and (ii) The provisions of Part 1 of this Schedule must apply; and (iii) The request has effect once publicly notified; or (b) Accept the request, in whole or in part, and proceed to notify the request, or part of the request, under clause 26 . (3) The local authority may decide to deal with the request as if it were an application for a resource consent and the provisions of Part 6 shall apply accordingly. (4) The local authority may reject the request in whole or in part, but only on the grounds that— (a) The request or part of the request is frivolous or vexatious; or (b) The substance of the request or part of the request has been considered and given effect to or rejected by the local authority or Environment Court within the last 2 years; or (c) The request or part of the request is not in accordance with sound resource management practice; or (d) The request or part of the request would make the policy statement or plan inconsistent with Part 5 ; or (e) In the case of a proposed change to a policy statement or plan, the policy statement or plan has been operative for less than 2 years. (5) The local authority shall notify the person who made the request, within 10 working days, of its decision under this clause, and the reasons for that decision. Clauses 21 to 28 were substituted, as from 7 July 1993, by section 220 Resource Management Amendment Act 1993 (1993 No 65). Subclause (2) was substituted, as from 17 December 1997, by section 72 Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. The words “ Environment Court ” in subclause (4)(b) 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).