Resource Management Act 1991
069
Commenced: 1 Oct 1991
V: Standards, Policy Statements, and Plans
Miscellaneous Provisions
85
Compensation not payable in respect of controls on land
85. Compensation not payable in respect of controls on land---(1) An
interest in land shall be deemed not to be taken or injuriously affected
by reason of any provision in a plan unless otherwise provided for in
this Act.
(2) Notwithstanding subsection (1), any person having an interest in
land to which any provision or proposed provision of a plan or proposed
plan applies, and who considers that the provision or proposed provision
would render that interest in land incapable of reasonable use, may
challenge that provision or proposed provision on those grounds---
(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 to change a plan made under sections 64 (4), 65
(4), or 73 (2) and under clause 23 of the First Schedule.
(3) Where, having regard to Part III (including the effect of section
9 (1)) and the effect of subsection (1), the Planning Tribunal
determines that a provision or proposed provision of a plan or a
proposed plan renders any land incapable of reasonable use, and places
an unfair and unreasonable burden on any person having an interest in
the land, the Tribunal, on application by any such person to change a
plan made under section 64 (4) or section 65 (4) or section 73 (2) or
under clause 23 of the First Schedule, may---
(a) In the case of a plan or proposed plan (other than a regional
coastal plan), direct the local authority to modify, delete, or
replace the provision; and
(b) In the case of a regional coastal plan, report its findings to the
applicant, the regional council concerned, and the Minister of
Conservation, which report may include a direction to the
regional council to modify, delete, or replace the provision.
(4) Any direction given or report made under subsection (3) shall have
effect under this Act as if it were made or given under clause 15 of the
First Schedule.
(5) In subsections (2) and (3), a ``provision of a plan or proposed
plan'' does not include a designation or a heritage order or a
requirement for a designation or heritage order.
(6) In subsections (2) and (3), the term ``reasonable use'', in
relation to any land, includes the use or potential use of the land for
any activity whose actual or potential effects on any aspect of the
environment or on any person other than the applicant would not be
significant.
(7) Nothing in subsection (3) limits the powers of the Planning
Tribunal under clause 15 of the First Schedule on a reference under
clause 14.