Resource Management Act 1991
069
Commenced: 1 Oct 1991
IV: Functions, Powers, and Duties of Central and Local Government
Functions, Powers, and Duties of Local Authorities
32
Duties to consider alternatives, assess benefits and costs, etc.
32. Duties to consider alternatives, assess benefits and costs,
etc.---(1) In achieving the purpose of this Act, before adopting any
objective, policy, rule, or other method in relation to any function
described in subsection (2), any person described in that subsection
shall---
(a) Have regard to---
(i) The extent (if any) to which any such objective, policy,
rule, or other method is necessary in achieving the purpose of
this Act; and
(ii) Other means in addition to or in place of such objective,
policy, rule, or other method which, under this Act or any other
enactment, may be used in achieving the purpose of this Act,
including the provision of information, services, or incentives,
and the levying of charges (including rates); and
(iii) The reasons for and against adopting the proposed
objective, policy, rule, or other method and the principal
alternative means available, or of taking no action where this
Act does not require otherwise; and
(b) Carry out an evaluation, which that person is satisfied is
appropriate to the circumstances, of the likely benefits and
costs of the principal alternative means including, in the case
of any rule or other method, the extent to which it is likely to
be effective in achieving the objective or policy and the likely
implementation and compliance costs; and
(c) Be satisfied that any such objective, policy, rule, or other
method (or any combination thereof)---
(i) Is necessary in achieving the purpose of this Act; and
(ii) Is the most appropriate means of exercising the function,
having regard to its efficiency and effectiveness relative to
other means.
(2) Subsection (1) applies to---
(a) The Minister, in relation to---
(i) The recommendation of the issue, change, or revocation of
any national policy statement under sections 52 and 53:
(ii) The recommendation of the making of any regulations under
section 43:
(b) The Minister of Conservation, in relation to---
(i) The preparation and recommendation of New Zealand coastal
policy statements under section 57:
(ii) The approval of regional coastal plans in accordance with
the First Schedule:
(c) Every local authority, in relation to the setting of objectives,
policies, and rules under Part V.
(3) No person shall challenge any objective, policy, or rule in any
plan or proposed plan on the grounds that subsection (1) has not been
complied with, except---
(a) In a submission made under clause 6 of the First Schedule in
respect of a proposed plan or change to a plan; or
(b) In an application or request to change a plan made under section
64 (4) or section 65 (4) or section 73 (2) or clause 23 of the
First Schedule.