Application of this policy statement

This NZCPS is to be applied as required by the Resource Management Act 1991 (“the Act”) by persons exercising functions and powers under the Act. The Act itself should be consulted, but at the time of gazettal of this statement, its requirements in relation to this NZCPS are, in summary, that:

• regional policy statements, regional plans and district plans must give effect to this NZCPS (sections 62(3), 67(3)(b), 75(3)(b) refer);
• local authorities must amend regional policy statements, proposed regional policy statements, plans, proposed plans, and variations to give effect to NZCPS provisions that affect these documents as soon as practicable, using the process set out in Schedule 1 of the Act except where this NZCPS directs otherwise (section 55 refers);
• a consent authority, when considering an application for a resource consent and any submissions received, must, subject to Part 2 of the Act, have regard to, amongst other things, any relevant provisions of this NZCPS (section 104(1)(b)(iv) refers);
• when considering a requirement for a designation and any submissions received, a territorial authority must, subject to Part 2 of the Act, consider the effects on the environment of allowing the requirement, having particular regard to, amongst other things, any relevant provisions of this NZCPS (sections 168A(3)(a)(ii) and 171(1)(a)(ii) refer);
• when considering a requirement for a heritage order, a territorial authority must, subject to Part 2 of the Act, in addition to having regard to certain matters, have particular regard to, amongst other things, all relevant provisions of this NZCPS (section 191(1)(d) refers);
• in considering an application for a water conservation order, a special tribunal, in addition to having particular regard to certain matters, must have regard to, amongst other things, the relevant provisions of this NZCPS (section 207(c) refers);
• in conducting an inquiry in respect of the report of a special tribunal on an application for a water conservation order, the Environment Court, in addition to having particular regard to certain matters, must have regard to, amongst other things, the relevant provisions of this NZCPS (section 212(b) refers).