Resource Management Act 1991

If you need more information about this Act, please contact the administering agency: Ministry for the Environment

Review

Heading: inserted, on 19 April 2017, by section 62 of the Resource Legislation Amendment Act 2017 (2017 No 15).

79 Review of policy statements and plans

(1)

A local authority must commence a review of a provision of any of the following documents it has, if the provision has not been a subject of a proposed policy statement or plan, a review, or a change by the local authority during the previous 10 years:

(a)

a regional policy statement:

(b)

a regional plan:

(c)

a district plan.

(2)

If, after reviewing the provision, the local authority considers that it requires alteration, the local authority must, in the manner set out in Parts 1, 4, or 5 of Schedule 1 and this Part, propose to alter the provision.

(3)

If, after reviewing the provision, the local authority considers that it does not require alteration, the local authority must still publicly notify the provision—

(a)

as if it were a change; and

(b)

in the manner set out in Parts 1, 4, or 5 of Schedule 1 and this Part.

(4)

Without limiting subsection (1), a local authority may, at any time, commence a full review of any of the following documents it has:

(a)

a regional policy statement:

(b)

a regional plan:

(c)

a district plan.

(5)

In carrying out a review under subsection (4), the local authority must review all the sections of, and all the changes to, the policy statement or plan regardless of when the sections or changes became operative.

(6)

If, after reviewing the statement or plan under subsection (4), the local authority considers that it requires alteration, the local authority must alter the statement or plan in the manner set out in Parts 1, 4, or 5 of Schedule 1 and this Part.

(7)

If, after reviewing the statement or plan under subsection (4), the local authority considers that it does not require alteration, the local authority must still publicly notify the statement or plan—

(a)

as if it were a proposed policy statement or plan; and

(b)

in the manner set out in Parts 1, 4, or 5 of Schedule 1 and this Part.

(8)

A provision of a policy statement or plan, or the policy statement or plan, as the case may be, does not cease to be operative because the provision, statement, or plan is due for review or is being reviewed under this section.

(9)

The obligations on a local authority under this section are in addition to its duty to monitor under section 35.

Section 79: replaced, on 1 October 2009, by section 64 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 79(2): amended, on 19 April 2017, by section 63(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 79(3)(b): amended, on 19 April 2017, by section 63(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 79(6): amended, on 19 April 2017, by section 63(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 79(7)(b): amended, on 19 April 2017, by section 63(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).