sec.92Minister’s power to amend development approval

### sec.92 Minister’s power to amend development approval The Minister may, by a notice given to the assessment manager and the holder of an existing development approval for development in a reconstruction area for which there is a development scheme, amend the development approval if satisfied the amendment is necessary for the carrying out of a reconstruction function of the authority. For the Planning Act , any amendment of a development approval under subsection (1) — is taken to be a part of the approval; and is taken to have been made by the assessment manager for the development approval; and takes effect when the notice under subsection (1) is given. If an assessment manager is given a notice under subsection (1) , the assessment manager must comply with the requirements under the Planning Act about giving public access to development approvals, as if the notice were a development approval. If there is an inconsistency between the amendment and the development approval, the amendment prevails to the extent of the inconsistency. This section applies despite sections 89 , 90 and 91 . In this section— existing , for a development approval, means a development approval in effect for development in a reconstruction area, or part of a reconstruction area, immediately before a development scheme takes effect for the area or part. s 92 amd 2016 No. 27 s 416 ; 2019 No. 11 s 211 (sec.92-ssec.1) The Minister may, by a notice given to the assessment manager and the holder of an existing development approval for development in a reconstruction area for which there is a development scheme, amend the development approval if satisfied the amendment is necessary for the carrying out of a reconstruction function of the authority. (sec.92-ssec.2) For the Planning Act , any amendment of a development approval under subsection (1) — is taken to be a part of the approval; and is taken to have been made by the assessment manager for the development approval; and takes effect when the notice under subsection (1) is given. (sec.92-ssec.3) If an assessment manager is given a notice under subsection (1) , the assessment manager must comply with the requirements under the Planning Act about giving public access to development approvals, as if the notice were a development approval. (sec.92-ssec.4) If there is an inconsistency between the amendment and the development approval, the amendment prevails to the extent of the inconsistency. (sec.92-ssec.5) This section applies despite sections 89 , 90 and 91 . (sec.92-ssec.6) In this section— existing , for a development approval, means a development approval in effect for development in a reconstruction area, or part of a reconstruction area, immediately before a development scheme takes effect for the area or part. - (a) is taken to be a part of the approval; and - (b) is taken to have been made by the assessment manager for the development approval; and - (c) takes effect when the notice under subsection (1) is given.