This Act is the Summit Road (Canterbury) Protection Act 2001.

This Act comes into force on the day after the date on which it receives the Royal assent.

The purposes of this Act are as follows:

• (a) to provide for the preservation and protection of the scenic amenity associated with the Summit Road and other roads, walkways, paths, and public open spaces within the protected land:

• (b) to provide for the preservation and protection of natural amenities associated with land within the protected area:

• (c) to provide for the improvement of facilities for the public enjoyment of the scenic amenity and the natural amenities.

(1) In this Act, unless the context otherwise requires,—

(2) If this Act requires anything to be publicly notified, or refers to public notification or public notice,—

• (a) the subject matter must be published twice, with an interval of not less than 6 clear days, in a newspaper circulating throughout the area affected by the subject matter; and

• (b) if the public notice refers to a proposal under section 10 or section 11, the notice must also be published in the Gazette; and

• (c) a public notice, in large bold lettering capable of being read at a distance of 5 metres, must also be affixed in a conspicuous place on, or adjacent to, the site to which the proposal or application relates, unless it is impractical or unreasonable to do so.

(3) If time is to be measured from anything being publicly notified or from any public notification or public notice, it must be measured from the date of the last newspaper publication.

(4) If there is any inconsistency between the description of land contained in Schedule 2 and the plans showing that land held in the office of Land Information New Zealand at Christchurch, reduced copies of which are set out in Schedule 3, the description in those plans prevails.

(1) A person or committee making a recommendation or decision on an application made under section 10 or section 11 or section 13 (whether initially or on appeal or otherwise) must give effect to the purposes of this Act, but must also have particular regard to—

• (a) the effect of the application on the maintenance and enhancement of the Summit Road, other roads, walkways, and paths; and

• (b) the effect of the application on the use of the roads for the public enjoyment of the scenic amenity and the natural amenities, and on the safety of road users; and

• (c) the effect of the application (if any) on farming operations; and

• (d) the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tapu, and other taonga.

(2) This section is subject to section 11(5).

This Act binds the Crown.

(1) There continues to be a Summit Road Protection Authority consisting of—

• (a) 1 member appointed by the Christchurch City Council; and

• (b) 1 member appointed by the Banks Peninsula District Council; and

• (c) 1 member appointed by the Selwyn District Council.

(2) The Authority is a joint committee of the councils named in Schedule 1, and must be treated, for the purposes of any enactment or rule of law, as if it were a joint committee appointed by those councils under section 114S of the Local Government Act 1974.

(1) In relation to the protected land, the Authority is deemed to be—

• (a) an affected local authority under clause 3 of Part 1 of Schedule 1 of the Resource Management Act 1991; and

• (b) an adjacent local authority under clause 5(4)(d) and a constituent territorial authority under clause 5(4)(e) of Part 1 of Schedule 1 of the Resource Management Act 1991.

(2) For the purposes of the Resource Management Act 1991, the Authority must be consulted and notified and may make submissions in respect of any proposal to prepare, change, or review any policy statement or plan referred to in that Act that affects or may affect the protected land.

(1) The Authority must, for the better administration of the provisions of this Act, appoint an Advisory Committee consisting of—

• (a) 3 members, each of whom must be appointed on the nomination of a different contributory local body; and

• (b) 2 members appointed on the nomination of persons (other than contributory local bodies, Ministers of the Crown, or groups represented on the Advisory Committee) who own protected land and who are not otherwise represented on the Committee; and

• (c) 1 member appointed on the nomination of the Minister of Conservation; and

• (d) 1 member appointed on the nomination of the Summit Road Society Incorporated; and

• (e) 1 member appointed on the nomination of either—

  • (i) te Papatipu Rūnanga o Rapaki; or

  • (ii) te Rūnanga o Ngāi Tahu; and

• (f) 1 member who has a knowledge of open space management and park management and who is appointed on the nomination of the contributory local bodies; and

• (g) 1 member appointed on the nomination of the Canterbury Regional Council (Environment Canterbury).

(2) The Advisory Committee may operate with 5 or more members if those members include at least 1 representative of 4 of the persons, groups of persons, or bodies entitled to nominate members under subsection (1).

(3) The Authority may delegate to the Advisory Committee the Authority's powers and duties to hear and decide applications made to the Authority under this Act (other than applications under section 11).

(4) If the Advisory Committee is discharged, or if any member ceases to hold office or is removed from office, before the Advisory Committee has fully performed its functions under subsection (3) in respect of an application under this Act,—

• (a) the Authority may alter or reconstitute the membership of the Advisory Committee, or may reappoint the Advisory Committee; and

• (b) the Advisory Committee, whether or not it is so altered or reconstituted or reappointed, may continue and complete its hearing of the application and make its decision.

(5) Despite subsection (4), a member of the Advisory Committee who has not had the opportunity of reading or hearing the representations made in respect of an application under this Act, may not take part in making the decision of the Advisory Committee.

(1) The Authority may give public notice of its intention to declare any land described in the notice to be protected land.

(2) The Authority must not give public notice under subsection (1) without the prior written consent of the owner of the land.

(3) A public notice under subsection (1) must provide sufficient information to adequately describe the land or site affected by the proposal and must invite any person to make submissions to the authority on the proposal.

(4) In addition to publicly notifying the proposal, the Authority must serve a copy of the public notice on—

• (a) the owner or occupier of the land; and

• (b) every territorial authority within whose district any part of the land lies; and

• (c) any person that the Authority considers has a greater interest in the proposal than the public generally.

(5) The closing date for receiving submissions on the application is 20 working days after the date of public notification.

(6) If the Authority decides, after hearing all submissions, to add all or part of the land described in the notice given under subsection (1) to the protected land, it may, by public notice after the time for lodging appeals has expired or all appeals have been disposed of, declare all or part of that land to be protected land.

(1) The owner of any protected land may apply to the Authority to have the whole or any part of the land removed from the protected land.

(2) An application under this section must be made to the Authority in writing and the Authority may require the applicant to supply such detail or plans as, in the Authority's opinion, are necessary for a reasonable understanding of the application by any person who may wish to make a submission.

(3) The Authority must publicly notify all applications for removal of land from the protected land and must serve copies of the application on the following parties:

• (a) any territorial authority within whose district the land or part of the land lies:

• (b) any person whom the Authority considers has a greater interest in the application than the public generally.

(4) The closing date for receiving submissions on the application is 20 working days after the date of public notification.

(5) The Authority may not remove the land described in the application under subsection (1) from the protected land unless the Authority is satisfied that the removal would not—

• (a) be inconsistent with the purposes of the Act; or

• (b) adversely affect—

  • (i) the use of the Summit Road or other roads in the Port Hills for the enjoyment of the scenic amenity or the natural amenities; or

  • (ii) the safety of road users; or

• (c) adversely affect the maintenance and enhancement of walkways.

(6) If the Authority decides, after considering all submissions, to remove the land described in the application under subsection (1) from the protected land, it may, by public notice after the time for lodging appeals has expired or after all appeals have been disposed of,—

• (a) declare the land to be removed from Schedule 2; or

• (b) declare the land to be removed from the protected land (if it is land that has been added under section 10).

(7) A copy of the public notice must be deposited with the Registrar-General in accordance with section 16.

(1) A person may not carry out any action to which this section applies on protected land unless that person has the written consent of the Authority.

(2) This section applies to the following activities:

• (a) the subdivision of land, except a subdivision that alters the boundary between adjacent allotments but does not increase the number of allotments or the area of any allotment by more than 50%:

• (b) the erection, placement, alteration, reconstruction, repair, or extension of any structure, except—

  • (i) the repair and maintenance of a public work (as defined in section 2 of the Public Works Act 1981); or

  • (ii) the erection, placement, alteration, reconstruction, repair, or extension of a structure that is carried out under a designation prepared and approved in accordance with the Resource Management Act 1991, and that is also approved by the Authority:

• (c) quarrying:

• (d) moving, removing, or heaping up more than 10 cubic metres of spoil:

• (e) the planting of—

  • (i) any tree that is likely to grow to a height greater than 7 metres; or

  • (ii) a hedge, forest, or shelter belt.

(3) Subsection (2)(b) and (d) does not apply if the action referred to in those provisions is carried out for the purpose of—

• (a) normal repairs and maintenance to a road (including resealing) that does not involve any realignment of the road, or any extension to the area of the formed surface of the road; or

• (b) repairs to, or reconstruction of, a road to make it usable after a slip, subsidence, or other damage resulting from natural causes.

(4) Subsection (2)(e) does not apply if the planting complies with a management plan for a public open space, prepared and approved in accordance with the Reserves Act 1977, or developed by the body or organisation responsible for the public open space after consultation with the Authority.

(5) A structure that existed at the date of commencement of this Act or that was lawfully constructed after that date may be reconstructed, repaired, added to, or altered, without the consent of the Authority, if the effects of the structure on the scenic amenity or natural amenities after reconstruction, repair, addition, or alteration do not differ substantially from the effects before the reconstruction, repair, addition, or alteration.

(6) A tree, hedge, or shelter belt that existed at the date of commencement of this Act, or that was lawfully planted after that date, may be replaced by replanting, without the consent of the Authority, if the effects of the replanting of the tree, hedge, or shelter belt on the scenic amenity and the natural amenities, when fully grown, will not differ substantially from the effects before the tree, hedge, or shelter belt was removed.

(1) Any person may apply to the Authority, in writing, for consent to carry out any activity specified in section 12(2).

(2) Applications made to the Authority under this section must state—

• (a) the full name of the applicant, the owner, and the occupier of the land involved; and

• (b) the legal description of the land involved, and the nature of the work or activity for which approval is sought, including any plans necessary for proper understanding of the proposal; and

• (c) include an assessment of the effects of the proposal on the scenic amenity and the natural amenities; and

• (d) give an address for service; and

• (e) be signed by or on behalf of the applicant.

(3) The Authority may require the applicant to supply such further details or plans as, in the Authority's opinion, are necessary for a reasonable understanding of the application.

(4) If the Authority is satisfied that it has received adequate information, the likely effects of the application are more than minor, and the application has not been publicly notified separately by a territorial authority, it must give public notice of the application and ensure that notice of the application is served on the following persons:

• (a) the owner or occupier of any land to which the application relates:

• (b) the territorial authority within whose district any part of the land lies:

• (c) any person that the Authority considers has a greater interest in the application than the public generally.

(5) The public notice must—

• (a) provide sufficient information to enable persons interested in the application to understand the general nature of the application; and

• (b) be given within 10 working days after the date on which the Authority is satisfied, under subsection (4), that it has received adequate information; and

• (c) invite submissions on the application to be made within 20 working days after the date of the public notice.

(1) Submissions made in respect of any proposal under section 10 or section 11, or any application under section 13, must be served on the Authority and state—

• (a) the name and address of the submitter; and

• (b) whether the submission is in support of, or in opposition to, the proposal or application; and

• (c) the reason for making the submission; and

• (d) whether or not the person making the submission wishes to be heard in respect of that submission.

(2) As soon as practicable after lodging a submission with the Authority, the submitter must serve a copy of the submission on the applicant.

(3) The Authority may require the applicant to pay to the Authority a sum not exceeding the actual cost of public notification and may require payment of a deposit against the cost of the hearing before dealing with the application.

(4) The Authority must consider all submissions received and, if a submitter has given notice that he or she wishes to be heard,—

• (a) must convene hearings, whether public or otherwise; and

• (b) must establish a procedure that is fair and appropriate in the circumstances; and

• (c) may summons witnesses and hear evidence on oath.

(5) If a hearing is convened by the Authority under subsection 4(a), the date set for the commencement of the hearing must not be later than 25 working days after the closing date for submissions referred to in section 13(5)(c) unless the Authority is satisfied that it is impracticable to commence the hearing within that period or unless a later date of commencement is required for the purposes of section 15.

(6) Not less than 10 working days' notice of the hearing must be given to the landowner, every territorial authority within whose district any part of the land lies, and each submitter who has given an address for service.

(7) After considering the proposal or application and any submissions received, the Authority—

• (a) must either—

  • (i) allow the proposal or application, with or without conditions; or

  • (ii) disallow the proposal or application in whole or in part; and

• (b) must, within 15 working days of the hearing, notify its decision and the reasons for its decision to every proposer or applicant, the landowners, all those persons who made written submissions and who supplied an address for service, and every territorial authority in whose district the property is situated.

(8) The proposer or applicant, the landowner, the territorial authority within whose district the land is situated, and any person who made a submission may appeal to the Environment Court against that decision in the manner specified in section 24.

Any hearing under section 14 relating to a proposal in respect of which a resource consent is also sought under the Resource Management Act 1991 may be held jointly with a hearing held by 1 or more consent authorities under that Act to consider the application for a resource consent.

(1) A copy of the public notice of every declaration made by the Authority under section 10(6) or section 11(6), certified as containing a correct copy of the declaration, must be sent by the Authority to the Registrar-General.

(2) On receiving a copy of any such notice, the Registrar-General must, without fee,—

• (a) deposit it in his or her office; and

• (b) register against the title to all land affected by it a memorial that—

  • (i) the land is subject to restrictions imposed by a declaration (identified by the deposited number, if any,) issued under this Act; or

  • (ii) the restrictions no longer apply.

(1) If the effects of an application under section 13 on the amenities are minor, the Authority may decide that the application does not require notification or approval by the Authority.

(2) A decision under subsection (1) that an application does not require notification or approval by the Authority may be made only—

• (a) with the unanimous agreement of the members of the Authority; or

• (b) in a case where the decision is delegated to the Advisory Committee, with the unanimous agreement of the members of the Advisory Committee.

(1) On an originating application made by the Authority, or by any territorial authority, or by the owner or occupier of land affected by this Act, or on an application made in the course of proceedings under this Act, the Environment Court may declare that any actual or proposed action does or does not require consent under section 13.

(2) An originating application must be served on the Authority, the owner or occupier of the land (in cases where the owner or occupier is not the applicant), and the territorial authority within whose district any part of the land lies.

(3) An application made in the course of proceedings must be served on all other parties to those proceedings.

(1) If the Authority considers that any private land or any interest in or over private land or any interest in a Crown lease should be acquired for the purposes of this Act, the Authority may recommend that such interest in the land be acquired by the contributory local bodies.

(2) All land or interests in land acquired on the recommendation of the Authority by way of purchase or gift may be held jointly by the contributory local bodies for the purposes of this Act.

(3) All interests in land acquired by way of lease under this section may be held jointly by the contributory local bodies and, during the term of the lease, are subject to this Act.

(4) Despite the requirements of section 12(2)(a), the owner of any allotment which lies partly within the protected land may subdivide that allotment for the purpose of transferring to the contributory local bodies that part of the allotment which lies within the protected land.

(5) This section does not confer on the Authority a power to take land compulsorily.

(6) Land acquired for the purposes of this Act by the contributory local bodies is not a reserve for the purposes of the Reserves Act 1977.

(1) If any land or interest in land held by a contributory local body for the purposes of this Act is no longer required for the purposes of this Act, the contributory local body may, subject to the provisions of any other enactment affecting the disposal of the land or interest, sell or otherwise dispose of the land or interest.

(2) No land or interest referred to in subsection (1) may be sold or disposed of without the prior written approval of the Authority.

(1) Every person having any estate or interest in any land, building, or other improvements detrimentally affected by any decision of the Authority given under section 14 may, subject to the provisions of this section, make a claim for compensation from the Authority for loss sustained by that person.

(2) A claim for compensation under this section must be made and determined in accordance with the provisions of the Public Works Act 1981.

(3) In determining any claim for compensation under this section, the Authority or, on application under section 79 of the Public Works Act 1981, the Land Valuation Tribunal must have regard to—

• (a) section 3; and

• (b) whether or not, and the extent to which, any decision by the Authority renders any land incapable of reasonable use, and places an unfair and unreasonable burden on any person having an interest in the land.

(4) In subsection (3), reasonable use, in relation to any land, includes the use or potential use of the land for any activity if the actual or potential effects of that activity in terms of section 3 would not be significant.

(5) If a person is entitled to claim compensation in respect of any matter or thing under this Act and also under any other enactment, that person is not entitled to receive—

• (a) compensation under this Act if compensation has been awarded under that other enactment; or

• (b) greater compensation under this Act than that person would be entitled to under that other enactment.

(1) The Authority may, at any time within 1 month after the date of an award of compensation under this Act, give notice to the claimant of its intention to withdraw or modify all or any of the provisions of the decision or conditions that gave rise to the claim for compensation.

(2) If notice is given under subsection (1), the Authority must, within 3 months from the date of the notice, withdraw or modify the decision or conditions and, on payment by the Authority of the claimant's costs awarded by the Land Valuation Tribunal, the award is discharged.

(3) A discharge under subsection (2) does not preclude the claimant from making a further claim for compensation under this Act in respect of the decision or conditions as modified.

(4) If notice has been given under subsection (1), no award of compensation under this Act is enforceable until after—

• (a) the expiration of 3 months from the giving of the notice; or

• (b) the time for objection or appeal has expired and all objections and appeals have been determined (in any case where the Authority has publicly notified a proposal to make a declaration excluding from protected land any part of the land in respect of which compensation has been awarded).

(1) If, under this Act or any other enactment, the Authority has entered into an agreement for the payment of compensation for damaging or detrimentally affecting any interest in land, or for the temporary occupation of any land, or for any condition or restriction to be applied in respect of the land, the Authority may lodge with the Registrar-General a certificate to that effect.

(2) The Registrar-General must, without fee, deposit a certificate under subsection (1) in his or her office and must register against the title to the land affected a memorial referring to the certificate.

(1) Any person who is directly affected by any decision, condition, or review of any decision made or imposed by the Authority under any of sections 10, 12, 13, 14, and 22 may appeal against that decision, condition, or review to the Environment Court.

(2) A notice of appeal must—

• (a) state the reasons for the appeal and the relief sought; and

• (b) state any matters that regulations made under the Resource Management Act 1991 require to be stated in the case of an appeal under section 120 of that Act; and

• (c) be lodged with the Environment Court within 15 working days of notification of any decision of the Authority (including any condition or review of any decision made or imposed by the Authority) to which subsection (1) relates.

(3) For the purposes of subsection (2)(c), a decision is notified on the date on which written notification would have been delivered in the ordinary course of post.

(4) The appellant must ensure that a copy of the notice of appeal is served on the applicant or owner concerned (if that person is not the appellant) within 5 working days after the notice has been lodged with the Environment Court.

(5) Without limiting the powers of the Environment Court under the Resource Management Act 1991, in considering an appeal under this section, the Environment Court may confirm or reverse a decision appealed against or modify a decision in such manner as the court thinks fit.

(6) Subject to subsections (2) to (4), every appeal must be made, heard, and determined by the Environment Court in the manner prescribed by the Resource Management Act 1991 and regulations made under that Act.

(1) All expenses and liabilities, including compensation awards incurred by the Authority under this Act but excluding payments received by the Authority under section 14(3), must be apportioned between the contributory local bodies.

(2) The apportionment required by subsection (1) must be undertaken in accordance with the adjusted rateable capital values, as ascertained under the provisions of the Rating Powers Act 1988, of so much of the district of each contributory local body as is specified in Schedule 4.

(3) The amount to be paid at any time by a contributory local body in accordance with the apportionment is recoverable as a debt due to the Authority.

(4) A contributory local body is not required, in any one year, to contribute to the expenditure of the Authority relating to the operation of this Act, a sum exceeding the amount of 1/4000 of a cent for every dollar of capital value of all rateable property within that part of its district specified in Schedule 4.

(5) Despite subsection (4), a contributory local body may be required to contribute to the expenditure of the Authority a sum exceeding the maximum amount due under subsection (4), if the contributory local body gives prior consent to the Authority in that year to the provision of a greater contribution.

As soon as practicable after this Act comes into force and not later than 31 March in each subsequent year, the Authority must, in respect of the administration of the provisions of this Act,—

• (a) prepare and send to each of the contributory local bodies estimates of expenditure for the period of 12 months from 1 July in each year to 30 June in each succeeding year; and

• (b) prepare a report on the Authority's activities for the preceding year and send that report to the contributory local bodies.

A notice must be served in accordance with sections 352 and 353 of the Resource Management Act 1991 as if it were a notice under that Act.

(1) The Authority may serve on any person who has carried out, or is carrying out, any action contrary to section 12, or on the owner or occupier of the land, a notice requiring the person served, within such reasonable time as is specified in the notice, to restore the land or the structure affected by the action as nearly as may be to its previous condition.

(2) Every notice served under subsection (1) must state—

• (a) the name of the person to whom it is addressed; and

• (b) the reasons for the notice; and

• (c) the action required to be taken, ceased, or not undertaken; and

• (d) the period within which the action must be taken or ceased, which must not be less than 7 days from the day on which the notice is served; and

• (e) the consequences of not complying with the notice or lodging a notice of appeal; and

• (f) the rights of appeal under section 24 and the last day on which a notice of appeal can be lodged; and

• (g) the rights of the Authority on failure of the recipient to comply with the notice within the time specified in the notice; and

• (h) the name and address of the Authority.

(3) Subject to the rights of appeal in section 24, a person on whom a notice has been served must—

• (a) comply with the notice within the period specified in the notice; and

• (b) unless the notice directs otherwise, pay all the costs and expenses of complying with the notice.

(1) If the person served with a notice under section 28(1) fails to comply with the notice within the time specified, then the Authority, in addition to any other action taken, may at any time after the expiry of the time specified in the notice—

• (a) apply to the Environment Court for an enforcement order under section 314 of the Resource Management Act 1991, as if the notice under subsection (1) were an abatement notice within the meaning of section 322 of the Resource Management Act 1991; and

• (b) take action as it sees fit to restore the land or structure.

(2) The provisions of section 315 of the Resource Management Act 1991 apply in respect of any enforcement order made on an application under subsection (1).

(3) If a person continues to act in breach of section 12 or commits a continuing offence against this Act, then, despite any other enactment, the Environment Court may, on application by the Authority, grant an enforcement order under section 314 of the Resource Management Act 1991, as if that continuing breach or continuing offence contravenes, or is likely to contravene, the Resource Management Act 1991.

(4) An enforcement order may be granted under subsection (2) or subsection (3) whether or not the person against whom the enforcement order is sought has been charged with or convicted of an offence against this Act.

(1) Every person commits an offence against this Act who fails to comply with a notice served under section 28(1) within the time specified in the notice.

(2) Every person who fails to restore the land or structure as required after expiry of the time specified in a notice served under section 28(1) commits a continuing offence against this Act.

(3) The continued existence of any work or thing in a state, or the intermittent repetition of any action, contrary to any provision of this Act, is a continuing offence for the purposes of this section.

(1) In any prosecution for an offence against this Act it is not necessary to prove that the defendant intended to commit the offence.

(2) It is a defence to a prosecution under this Act if the defendant proves—

• (a) that—

  • (i) the action or event to which the prosecution relates was necessary for the purposes of saving or protecting life or health, or preventing serious damage to property, or avoiding an actual or likely adverse effect on the environment; and

  • (ii) the conduct of the defendant was reasonable in the circumstances; and

  • (iii) the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred; or

• (b) that the action or event to which the prosecution relates was due to an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case—

  • (i) the action or event could not reasonably have been foreseen or prevented by the defendant; and

  • (ii) the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred.

(3) Except with the leave of the court, subsection (2) does not apply unless, within 14 days of the date on which the hearing of the proceedings commences, or within any further time that the court may allow, the defendant delivers to the Authority a written notice—

• (a) stating that he or she intends to rely on subsection (2); and

• (b) specifying the facts that support his or her reliance on subsection (2).

Despite section 14 of the Summary Proceedings Act 1957, an information in respect of any offence against this Act may be laid at any time within 6 months from the date of the offence first coming to the notice of the Authority.

Every person who commits an offence under this Act is liable to a fine not exceeding $20,000 and, if the offence is a continuing one, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues.

(1) An offence against this Act is punishable on summary conviction on the information of—

• (a) the principal administrative officer of the Authority; or

• (b) a person appointed in writing by the Authority.

(2) An appointment under subsection (1) may be for the purpose of laying an information in respect of a particular offence or may be a general appointment authorising the person to lay informations in respect of all offences against this Act.

(3) An officer or servant of the Authority (whether or not an informant) may appear and conduct the prosecution in all proceedings for offences against this Act.

Nothing in this Act affects the Building Act 2004, Te Runanga o Ngai Tahu Act 1996, the Ngai Tahu Claims Settlement Act 1998, Te Ture Whenua Maori Act 1993, or any regulations made under those Acts.

The enactments specified in Schedule 5 are repealed.