Scope of Declarations

The permissible scope of a declaration is set out in s310 of the RMA which reads:

310. Scope and effect of declaration

A declaration may declare -

(a) the existence or extent of any function, power, right, or duty under this Act, including (but, except as expressly provided, without limitation) -

  1. any duty imposed by s32 (other than any duty in relation to a plan or proposed plan or any provision of a plan or proposed plan); and

  2. any duty imposed by section 55; or

(b) whether, contrary to section 62(3), a provision or proposed provision of a regional policy statement –

  1. does not, or is not likely to, give effect to a provision or proposed provision of a national policy statement or New Zealand coastal policy statement; or

  2. is, or is likely to be, inconsistent with a water conservation order; or

(ba) whether a provision or proposed provision of a regional plan, -

  1. contrary to section 67(3), does not, or is not likely to, give effect to a provision or proposed provision of a national policy statement, New Zealand coastal policy statement, or regional policy statement for the region; or

  2. contrary to section 67(4), is, or is likely to be, inconsistent with a water conservation order, any other regional plan for the region, or a determination or reservation of the chief executive of the Ministry of Fisheries made under section 186E of the Fisheries Act 1996; or

(bb) whether a provision or proposed provision of a district plan, -

  1. contrary to section 75(3), does not, or is not likely to, give effect to a provision or proposed provision of a national policy statement, New Zealand coastal policy statement, or regional policy statement; or

  2. contrary to section 75(4), is, or is likely to be, inconsistent with a water conservation order or a regional plan for any matter specified in section 30(1); or

(c) whether or not an act or omission, or a proposed act or omission, contravenes or is likely to contravene this Act, regulations made under this Act, or a rule in a plan or proposed plan, a requirement for a designation or for a heritage order, or a resource consent; or

(d) whether or not an act or omission, or a proposed act or omission, is a permitted activity, controlled activity, discretionary activity, non-complying activity, or prohibited activity, or breaches section 10 (certain activities protected) or section 20A (certain existing lawful activities allowed); or

(e) the point at which the landward boundary of the coastal marine area crosses any river; or

(f) whether or not a territorial authority has made and is continuing to make substantial progress or effort towards giving effect to a designation as required by section 184A; or

(g) the matters provided for in section 379 (provisions deemed to be plans or rules in plans); or

(h) any other issue or matter relating to the interpretation, administration, and enforcement of this Act, except for an issue as to whether any of sections 95 to 95G have been, or will be contravened.

Note that the Resource Management Amendment Act 2013 contains changes to s32 of the Act that come into force on 3 December 2013 (three months after Royal assent). These changes include alterations to s310(a)(i). Section 310 (a)(i) will, from that date, state “any duty under this Act to prepare and have particular regard to an evaluation report or to undertake and have particular regard to a further evaluation or or 32AA (other than any duty in relation to a plan or proposed plan or any provision of a plan or proposed plan); and”

Refer to the Ministry for the Environment’s Factsheet 6 – Section 32 of the RMA for further information.