Resource Management Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section 234 — Variation or cancellation of esplanade strips
234 Variation or cancellation of esplanade strips (1) The registered proprietor of any land subject to an esplanade strip may apply to the territorial authority to vary or cancel the instrument…
Section 235 — Creation of esplanade strips by agreement
235 Creation of esplanade strips by agreement (1) An esplanade strip may at any time be created for any of the purposes specified in section 229 by agreement between the registered proprietor of any…
Section 236 — Where land previously set aside or reserved
236 Where land previously set aside or reserved Where— (a) Land along the mean high water mark or the mark of mean high water springs of the sea, or along the bank of any river, or along the margin…
Section 237 — Approval of survey plans where esplanade reserve or esplanade strips required
237 Approval of survey plans where esplanade reserve or esplanade strips required (1) Subject to subsection (3) , the territorial authority shall not approve a survey plan unless any esplanade…
Section 237A — Vesting of ownership of land in coastal marine area or bed of lake or river in the Crown or territorial authority
237A Vesting of ownership of land in coastal marine area or bed of lake or river in the Crown or territorial authority (1) Where a survey plan is submitted to a territorial authority in accordance…
Section 237B — Access strips
237B Access strips (1) A local authority may agree with the registered proprietor of any land to acquire an easement over the land, and may agree upon the conditions upon which such an easement may…
Section 237C — Closure of strips to public
237C Closure of strips to public (1) An esplanade strip or access strip may be closed to the public for the times and periods specified in the instrument or easement under Schedule 10 , or by the…
Section 237D — Transfers to the Crown or regional council
237D Transfers to the Crown or regional council (1) Notwithstanding the provisions of the Reserves Act 1977 , the Minister of Conservation or a regional council may, with the prior written agreement…
Section 237E — Compensation for taking of esplanade reserves or strips on allotments of less than 4 hectares
237E Compensation for taking of esplanade reserves or strips on allotments of less than 4 hectares (1) Where an allotment of less than 4 hectares is created when land is subdivided, no compensation…
Section 237F — Compensation for taking of esplanade reserves or strips on allotments of 4 hectares or more
237F Compensation for taking of esplanade reserves or strips on allotments of 4 hectares or more Where any esplanade reserve or esplanade strip of any width is required to be set aside or created on…
Section 237G — Compensation for taking of land below mean high water springs or of bed of lake or river
237G Compensation for taking of land below mean high water springs or of bed of lake or river Where— (a) Land is vested in the Crown or a territorial authority in accordance with section 237A ; and…
Section 237H — Valuation
237H Valuation (1) If the territorial authority or Crown, as the case may be, and the registered proprietor cannot agree as to the amount of compensation, including any additional survey costs,…
Section 238 — Vesting of roads
238 Vesting of roads (1) When a District Land Registrar or Registrar of Deeds deposits a survey plan, or a Chief Surveyor approves a survey plan to which section 228 applies, the land shown on the…
Section 239 — Vesting of reserves or other land
239 Vesting of reserves or other land (1) When a District Land Registrar or a Registrar of Deeds deposits a survey plan, or a Chief Surveyor approves a survey plan to which section 228 applies,— (a)…
Section 240 — Covenant against transfer of allotments
240 Covenant against transfer of allotments (1) Where a subdivision consent includes a condition under section 220(1)(b) which requires that the owner enter into a covenant with the territorial…
Section 241 — Amalgamation of allotments
241 Amalgamation of allotments (1) Where a subdivision consent includes a condition under section 220(1)(b) which requires, in accordance with section 220(2)(a) , that land be held in a particular…
Section 242 — Prior registered instruments protected
242 Prior registered instruments protected (1) Where— (a) For the purpose of complying with a condition of a kind referred to in section 220(1)(b) ,— (i) A covenant is registered in accordance with…
Section 243 — Survey plan approved subject to grant or reservation of easements
243 Survey plan approved subject to grant or reservation of easements Where a subdivision consent is granted or any certificate of title is issued subject to a condition that any specified easements…
Section 244 — Company leases and cross leases
244 Company leases and cross leases [Repealed] Section 244 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Section 245 — Consent authority approval of a plan of survey of a reclamation
245 Consent authority approval of a plan of survey of a reclamation (1) The holder of every resource consent granted for a reclamation shall as soon as reasonably practicable after completion of the…
Section 246 — Restrictions on deposit of plan of survey for reclamation
246 Restrictions on deposit of plan of survey for reclamation (1) The holder of every resource consent granted for a reclamation shall take all steps necessary to ensure that the plan of survey is…
Section 247 — Planning Tribunal re-named Environment Court
247 Planning Tribunal re-named Environment Court There shall continue to be a Court of record called the Environment Court which shall be the same Court as the Court called the Planning Tribunal…
Section 248 — Membership of Environment Court
248 Membership of Environment Court The Environment Court shall consist of the following members: (a) Environment Judges appointed in accordance with section 250 : (b) Environment Commissioners…
Section 249 — Eligibility for appointment as an Environment Judge or alternate Environment Judge
249 Eligibility for appointment as an Environment Judge or alternate Environment Judge (1) A person shall not be appointed or hold office as an Environment Judge unless he or she is, or is eligible…
Section 250 — Appointment of Environment Judges and alternate Environment Judges
250 Appointment of Environment Judges and alternate Environment Judges (1) The Governor-General may, on the recommendation of the Attorney-General, after consultation with the Minister for the…
Section 251 — Principal Environment Judge
251 Principal Environment Judge (1) The Governor-General may, on the recommendation of the Attorney-General, appoint an Environment Judge as the Principal Environment Judge. (2) The Principal…
Section 251A — Appointment of acting Principal Environment Judge
251A Appointment of acting Principal Environment Judge (1) This section applies if— (a) the Principal Environment Judge is unable to exercise the duties of office because of illness or absence from…
Section 252 — When an alternate Environment Judge may act
252 When an alternate Environment Judge may act (1) An alternate Environment Judge may act as an Environment Judge when the Principal Environment Judge, in consultation with the Chief District Court…
Section 253 — Eligibility for appointment as Environment Commissioner or Deputy Environment Commissioner
253 Eligibility for appointment as Environment Commissioner or Deputy Environment Commissioner When considering whether a person is suitable to be appointed as an Environment Commissioner or Deputy…
Section 254 — Appointment of Environment Commissioner or Deputy Environment Commissioner
254 Appointment of Environment Commissioner or Deputy Environment Commissioner (1) The Governor-General may, on the recommendation of the Attorney-General, after consultation with the Minister for…
Section 255 — When a Deputy Environment Commissioner may act
255 When a Deputy Environment Commissioner may act (1) A Deputy Environment Commissioner may act in place of an Environment Commissioner when— (a) The Environment Commissioner is unavailable; or (b)…
Section 256 — Oath of office
256 Oath of office A person appointed as an Environment Commissioner or a Deputy Environment Commissioner of the Environment Court shall, before undertaking any duties as such, take an oath of office…
Section 257 — Resignation
257 Resignation An Environment Judge, alternate Environment Judge, Environment Commissioner, or Deputy Environment Commissioner may resign his or her office as such by giving written notice to the…
Section 258 — Removal of members
258 Removal of members (1) The Governor-General may, if he or she thinks fit, remove an Environment Judge, alternate Environment Judge, Environment Commissioner, or Deputy Environment Commissioner…
Section 259 — Special advisors
259 Special advisors (1) The Principal Environment Judge may appoint as a special advisor a person who is able to assist the Environment Court in a proceeding before it. (2) A special advisor is not…
Section 260 — Registrar and other officers
260 Registrar and other officers (1) The Environment Court— (a) Shall have a Registrar; and (aa) may have 1 or more Deputy Registrars; and (b) May have other persons to assist it in an administrative…
Section 261 — Protection from legal proceedings
261 Protection from legal proceedings (1) No action lies against any member of the Environment Court for anything they say, do, or omit to say or do, while acting in good faith in the performance of…
Section 262 — Environment Court members who are ratepayers
262 Environment Court members who are ratepayers A member of the Environment Court is not to be considered to have an interest in a proceeding before the Environment Court solely on the ground that…
Section 263 — Remuneration of Environment Commissioners and special advisors
263 Remuneration of Environment Commissioners and special advisors There shall be paid, out of money appropriated by Parliament for the purpose, to every Environment Commissioner, Deputy Environment…
Section 264 — Annual report of Registrar
264 Annual report of Registrar (1) The Registrar shall no later than the 31st day of August in each year, deliver to the Minister of the Crown who is responsible for the Department for Courts a…
Section 265 — Environment Court sittings
265 Environment Court sittings (1) The quorum for the Environment Court is— (a) One Environment Judge and one Environment Commissioner sitting together; or (b) One Environment Judge sitting alone for…
Section 266 — Constitution of the Environment Court not to be questioned
266 Constitution of the Environment Court not to be questioned (1) It is in the sole discretion of the member of the Environment Court presiding at a sitting of the Environment Court to decide…
Section 267 — Conferences
267 Conferences (1) An Environment Judge may at any time after the lodging of proceedings require the parties, or any Minister, local authority, or other person which or who has given notice of…
Section 268 — Alternative dispute resolution
268 Alternative dispute resolution (1) At any time after lodgment of any proceedings, for the purpose of encouraging settlement, the Environment Court, with the consent of the parties and of its own…
Section 269 — Environment Court procedure
269 Environment Court procedure (1) Except as expressly provided in this Act, the Environment Court may regulate its own proceedings in such manner as it thinks fit. (2) Environment Court proceedings…
Section 270 — Hearing matters together
270 Hearing matters together (1) The Environment Court shall hear together 2 or more proceedings relating to the same subject-matter unless in the Environment Court's opinion it is impractical,…
Section 271 — Local hearings
271 Local hearings The Environment Court shall conduct any conference or hearing at a place as near to the locality of the subject-matter to which the proceedings relate as the Environment Court…
Section 271A — Submitter may be party to proceedings
271A Submitter may be party to proceedings [Repealed] Section 271A was inserted, as from 2 September 1996, by section 11 Resource Management Amendment Act 1996 (1996 No 160). Section 271A was…
Section 272 — Hearing of proceedings
272 Hearing of proceedings (1) The Environment Court shall hear and determine all proceedings as soon as practicable after the date on which the proceedings are lodged with it unless, in the…
Section 273 — Successors to parties to proceedings
273 Successors to parties to proceedings (1) Proceedings brought before the Environment Court shall be deemed to be also brought on behalf of the personal representatives of the person bringing the…