Resource Management Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short Title and commencement
1 Short Title and commencement (1) This Act may be cited as the Resource Management Act 1991. (2) Except as provided in subsection (3) , this Act shall come into force on the 1st day of October 1991.…
Section Sch1-1 — Interpretation and time limits
1 Interpretation and time limits (1) In this Schedule, a reference to a policy statement or plan includes a reference to a change to a policy statement or plan. (2) Where any time limit is set in…
Section Sch1-10 — Decision of local authority
10 Decision of local authority (1) Subject to clause 9 , whether or not a hearing is held on a proposed policy statement or plan, the local authority shall give its decisions, which shall include the…
Section Sch1-11 — Notification of decision
11 Notification of decision (1) At the same time as a local authority gives public notice under clause 10(3) , it shall serve, on every person who made a submission on a provision, a notice of…
Section Sch1-12 — Record of effect of decisions on provisions other than requirements
12 Record of effect of decisions on provisions other than requirements [Repealed] Clause 12 was repealed, as from 7 July 1993, by section 214(1) Resource Management Amendment Act 1993 (1993 No 65).
Section Sch1-13 — Decision of requiring authority or heritage protection authority
13 Decision of requiring authority or heritage protection authority (1) A requiring authority or heritage protection authority shall notify the territorial authority whether it accepts or rejects its…
Section Sch1-14 — Appeals to Environment Court
14 Appeals to Environment Court (1) A person who made a submission on a proposed policy statement or plan may appeal to the Environment Court in respect of— (a) a provision included in the proposed…
Section Sch1-15 — Hearing by the Environment Court
15 Hearing by the Environment Court (1) The Environment Court shall hold a public hearing into any provision or matter referred to it. (2) If the Environment Court, in a hearing into any provision of…
Section Sch1-16 — Amendment of proposed policy statement or plan
16 Amendment of proposed policy statement or plan (1) A local authority shall make an amendment to its proposed policy statement or plan to give effect to any direction in a national environmental…
Section Sch1-17 — Final consideration of policy statements and plans other than regional coastal plans
17 Final consideration of policy statements and plans other than regional coastal plans (1) A local authority shall approve a proposed policy statement or plan (other than a regional coastal plan)…
Section Sch1-18 — Consideration of a regional coastal plan by regional council
18 Consideration of a regional coastal plan by regional council (1) A regional council shall adopt a proposed regional coastal plan for reference to the Minister of Conservation once it has made…
Section Sch1-19 — Ministerial approval of regional coastal plan
19 Ministerial approval of regional coastal plan (1) Prior to his or her approval of a regional coastal plan, the Minister of Conservation may require the regional council to make any amendments to…
Section Sch1-2 — Preparation of proposed policy statement or plan
2 Preparation of proposed policy statement or plan (1) The preparation of a policy statement or plan shall be commenced by the preparation by the local authority concerned, of a proposed policy…
Section Sch1-20 — Operative date
20 Operative date (1) Subject to subclause (2) , an approved policy statement or plan shall become an operative policy statement or plan on a date which is to be publicly notified. (2) The local…
Section Sch1-21 — Requests
21 Requests (1) Any person may request a change to a district plan or a regional plan (including a regional coastal plan). (2) Any person may request the preparation of a regional plan, other than a…
Section Sch1-22 — Form of request
22 Form of request (1) A request made under clause 21 shall be made to the appropriate local authority in writing and shall explain the purpose of, and reasons for, the proposed plan or change to a…
Section Sch1-23 — Further information may be required
23 Further information may be required (1) Where a local authority receives a request from any person under clause 21 , it may within 20 working days, by written notice, require that person to…
Section Sch1-24 — Modification of request
24 Modification of request As a result of further or additional information, commissioned reports, or other relevant matters, the local authority may, with the agreement of the person who made the…
Section Sch1-25 — 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…
Section Sch1-26 — Notification timeframes
26 Notification timeframes Where a local authority accepts the request or part of the request under clause 25(2)(b) — (a) The local authority shall prepare the change to the policy statement or plan…
Section Sch1-27 — Appeals
27 Appeals (1) A person who requests a plan change under clause 21 may appeal to the Environment Court against a decision referred to in subclause (1A) within 15 working days of receiving the…
Section Sch1-28 — Withdrawal of requests
28 Withdrawal of requests (1) Where any person has made a request under clause 21 that person may withdraw the request at any time before the decision by the local authority under clause 29 is…
Section Sch1-29 — Procedure under this Part
29 Procedure under this Part (1) Except as provided in subclauses (2) to (9) , Part 1 of this Schedule, with all necessary modifications, shall apply to any plan or change requested under this Part…
Section Sch1-3 — Consultation
3 Consultation (1) During the preparation of a proposed policy statement or plan, the local authority concerned shall consult— (a) The Minister for the Environment; and (b) Those other Ministers of…
Section Sch1-30 — Incorporation of documents by reference in plans and proposed plans
30 Incorporation of documents by reference in plans and proposed plans (1) The following written material may be incorporated by reference in a plan or proposed plan: (a) standards, requirements, or…
Section Sch1-31 — Effect of amendments to, or replacement of, material incorporated by reference in plans and proposed plans
31 Effect of amendments to, or replacement of, material incorporated by reference in plans and proposed plans An amendment to, or replacement of, material incorporated by reference in a plan or…
Section Sch1-32 — Proof of material incorporated by reference
32 Proof of material incorporated by reference (1) A copy of material incorporated by reference in a plan or proposed plan, including any amendment to, or replacement of, the material ( material ),…
Section Sch1-33 — Effect of expiry of material incorporated by reference
33 Effect of expiry of material incorporated by reference Material incorporated by reference in a plan or proposed plan that expires or that is revoked or that ceases to have effect ceases to have…
Section Sch1-34 — Consultation on proposal to incorporate material by reference
34 Consultation on proposal to incorporate material by reference (1) This clause applies to a proposed plan, a variation of a proposed plan, or a change to a plan— (a) that incorporates material by…
Section Sch1-35 — Access to material incorporated by reference
35 Access to material incorporated by reference (1) The local authority— (a) must make the material referred to in subclause (2) ( material ) available for inspection during working hours at the…
Section Sch1-4 — Requirements to be inserted prior to notification of proposed district plans
4 Requirements to be inserted prior to notification of proposed district plans (1) Before a territorial authority publicly notifies a district plan under clause 5 , it shall, by written request,…
Section Sch1-5 — Public notice and provision of document to public bodies
5 Public notice and provision of document to public bodies (1) A local authority that has prepared a proposed policy statement or plan shall publicly notify it. (1A) A territorial authority shall,…
Section Sch1-6 — Making submissions
6 Making submissions Any person, including the local authority in its own area, may, in the prescribed form, make a submission to the relevant local authority on a proposed policy statement or plan…
Section Sch1-7 — Public notification of submissions
7 Public notification of submissions (1) A local authority shall publicly notify, through a prominent advertisement,— (a) The availability of a summary of all decisions requested by persons making…
Section Sch1-8 — Further submissions
8 Further submissions Any person, including the local authority in its own area, may, in the prescribed form, make a further submission to the relevant local authority, but only in support of or in…
Section Sch1-9 — Recommendations and decisions on requirements
9 Recommendations and decisions on requirements (1) The territorial authority shall make and notify its recommendation in respect of any provision included in the proposed district plan under clause…
Section Sch1A-1 — Preparation and change of regional coastal plans providing for aquaculture activities
1 Preparation and change of regional coastal plans providing for aquaculture activities (1AA) This Schedule applies to the preparation of, and changes to, a regional coastal plan to the extent that…
Section Sch1A-2 — Assessment of undue adverse effects on fishing
2 Assessment of undue adverse effects on fishing (1) The regional council must not notify a proposed regional coastal plan or a proposed change to a regional coastal plan under clause 5 or clause 26…
Section Sch1A-3 — Effect of assessment
3 Effect of assessment (1) If the chief executive of the Ministry of Fisheries makes a reservation about customary or recreational fishing in relation to an aquaculture management area, the regional…
Section Sch1A-4 — Effect of direction under section 165O
4 Effect of direction under section 165O (1) If an Order in Council is made under section 165O in relation to a proposed regional coastal plan to be notified under clause 5 or clause 26 of Schedule…
Section Sch1A-5 — Notification of proposed plan
5 Notification of proposed plan The regional council must not notify its proposed regional coastal plan in accordance with clause 5 or clause 26 of Schedule 1 until the period provided for in section…
Section Sch1A-6 — Provision of proposed regional coastal plan to chief executive
6 Provision of proposed regional coastal plan to chief executive A regional council must provide 1 copy of its proposed regional coastal plan, without charge, to the chief executive of the Ministry…
Section Sch1A-7 — Restriction on decisions affecting aquaculture management areas
7 Restriction on decisions affecting aquaculture management areas A decision under any of clauses 10 , 16 , 19 , or 29(4) of Schedule 1 must not— (a) include an aquaculture management area in a…
Section Sch1AA-1 — Incorporation of documents by reference
1 Incorporation of documents by reference (1) The following written material may be incorporated by reference in a national environmental standard, national policy statement, or New Zealand coastal…
Section Sch1AA-2 — Effect of amendments to, or replacement of, material incorporated by reference
2 Effect of amendments to, or replacement of, material incorporated by reference (1) An amendment to, or replacement of, material incorporated by reference in a national environmental standard,…
Section Sch1AA-3 — Proof of material incorporated by reference
3 Proof of material incorporated by reference (1) A copy of material incorporated by reference in a national environmental standard, national policy statement, or New Zealand coastal policy statement…
Section Sch1AA-4 — Effect of expiry of material incorporated by reference
4 Effect of expiry of material incorporated by reference (1) Material incorporated by reference in a national environmental standard, national policy statement, or New Zealand coastal policy…
Section Sch1AA-5 — Access to material incorporated by reference
5 Access to material incorporated by reference (1) The Ministry for the Environment— (a) must make the material referred to in subclause (2) ( material ) available for inspection during working hours…
Section Sch1-3A — Consultation in relation to policy statements
3A Consultation in relation to policy statements (1) A triennial agreement entered into under section 15(1) of the Local Government Act 2002 must include an agreement on the consultation process to…
Section Sch1-8A — Service of further submissions
8A Service of further submissions Where a person makes a further submission under clause 8 , that person shall, within 5 working days after making the submission to the local authority, serve a copy…