Resource Management Act 1991
069
Commenced: 1 Oct 1991
V: Standards, Policy Statements, and Plans
Miscellaneous Provisions
82
Inconsistencies between policy statements and plans
82. Inconsistencies between policy statements and plans---(1) If there
is a dispute about whether there is an inconsistency between---
(a) A national policy statement, a New Zealand coastal policy
statement, or a water conservation order and---
(i) A regional policy statement; or
(ii) A regional plan; or
(iii) A district plan; or
(b) A regional policy statement or a regional plan and a district plan
(including any rules of a regional plan or district plan) on a
matter of regional significance---
any Minister, regional council, or territorial authority responsible for
any relevant national policy statement, New Zealand coastal policy
statement, policy statement, plan, or order may refer the dispute to the
Planning Tribunal for a decision resolving the matter.
(2) Except as provided in subsection (3) if, after considering a
matter referred to it under subsection (1), the Planning Tribunal
considers that there is an inconsistency, it shall order the authority
responsible for the policy statement or plan to initiate a change to it.
(3) If, after considering a matter referred to it under subsection
(1), the Planning Tribunal considers that there is an inconsistency but
that it is of minor significance which does not affect the general
intent and purpose of the policy statement, plan, or order concerned,
the Planning Tribunal may allow the inconsistency to remain.
(4) If there is a dispute about whether it is necessary to initiate a
change to any regional policy statement or any plan to address any issue
or achieve any objective of a national policy statement or New Zealand
coastal policy statement, any Minister of the Crown or local authority
responsible for any relevant national policy statement, New Zealand
coastal policy statement, policy statement, or plan may refer the
dispute to the Planning Tribunal for a decision resolving the matter.
(5) If, after considering the matter referred to it under subsection
(4), the Planning Tribunal considers that it is necessary to initiate a
change to any regional policy statement or any plan to address any issue
or achieve any objective of a national policy statement or New Zealand
coastal policy statement the Tribunal shall---
(a) Indicate the general nature of the change proposed; and
(b) Order the local authority responsible for the policy statement or
plan to initiate a change to it.