Local Government Act 1993 No 30
Current version for 1 December 2014 to date (accessed 20 December 2014 at 04:31)

82   Objections to application of regulations and local policies

(1)  An applicant for an approval may lodge with the council an objection:
(a)  that the regulations or a local policy adopted under Part 3 by the council relating to the activity for which approval is sought do not make appropriate provision with respect to that activity, or
(b)  that compliance with any provision of those regulations or such a policy is unreasonable or unnecessary in the particular circumstances of the case.
(2)  The applicant must specify the grounds of the objection.
(3)  If the objection relates to the regulations and the council is satisfied that the objection is well founded, it may, with the concurrence of the Director-General, in determining the application, direct that:
(a)  such provisions of any regulation relating to that activity as are specified in the direction:
(i)  are not to apply, or
(ii)  are to apply with such modifications as are specified in the direction,
in respect of the carrying out of that activity, or
(b)  such requirements as are specified in the direction are to apply to the carrying out of that activity,
or give directions under both paragraphs (a) and (b).
(3A)  If the objection relates to a local policy adopted under Part 3 by the council and the council is satisfied that the objection is well founded, it may, in determining the application, direct that:
(a)  such provisions of any local policy relating to that activity as are specified in the direction:
(i)  are not to apply, or
(ii)  are to apply with such modifications as are specified in the direction,
in respect of the carrying out of that activity, or
(b)  such requirements as are specified in the direction are to apply to the carrying out of that activity,
or give directions under both paragraphs (a) and (b) and the council must give the reasons for its direction or directions.
(3B)  An objection is well founded for the purposes of subsection (3A) only if the council is satisfied that no person or the public interest will be adversely affected by the variation and that any variation is consistent with the principles of ecologically sustainable development.
(4)  Any direction given by the council under subsection (3) or (3A), if the council’s approval to the application concerned is granted, has effect according to its tenor and, in the case of a direction referred to in subsection (3) (a) (ii) or (b) or subsection (3A) (a) (ii) or (b), is a condition of that approval.
Top of page