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LGA and RMA Section 32 Requirements

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The LGA appears likely to promote greater attention to the social and cultural dimensions than has generally occurred under s32 evaluations for the RMA. All decisions of councils are subject to a judgement being made about the extent to which the four LGA well-beings (economic, environmental, social and cultural) are considered (s76 LGA). This can be interpreted to include decision-making under the Resource Management Act 1991. The extent of evaluation under s 79 of LGA is to be proportional to the significance of the matters affected. Consideration of the interrelationship between statutes is currently under review by Central Government, and action to clarify the situation may be forthcoming before year end 2004.

Until such time as legislative clarification or case law of these provisions, prudent practice will be to have part of Section 32 assessments under RMA cross-referenced to the LGA considerations.

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