Resource Management Act 1991

  • not the latest version

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

Resource Management Act 1991

Public Act1991 No 69
Date of assent22 July 1991
Commencementsee section 1(2)

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry for the Environment.


Contents

Title

1 Short Title and commencement

Part 1
Interpretation and application

2 Interpretation

2AA Definitions relating to notification

2A Successors

3 Meaning of effect

3A Person acting under resource consent with permission

4 Act to bind the Crown

4A Application of this Act to ships and aircraft of foreign States

Part 2
Purpose and principles

5 Purpose

6 Matters of national importance

7 Other matters

8 Treaty of Waitangi

Part 3
Duties and restrictions under this Act

Land

9 Restrictions on use of land

10 Certain existing uses in relation to land protected

10A Certain existing activities allowed

10B Certain existing building works allowed

11 Restrictions on subdivision of land

Coastal marine area

12 Restrictions on use of coastal marine area

12A Restrictions on aquaculture activities in coastal marine area and on other activities in aquaculture management areas [Repealed]

12B Continuation of coastal permit for aquaculture activities if aquaculture management area ceases to exist [Repealed]

River and lake beds

13 Restriction on certain uses of beds of lakes and rivers

Water

14 Restrictions relating to water

Discharges

15 Discharge of contaminants into environment

15A Restrictions on dumping and incineration of waste or other matter in coastal marine area

15B Discharge of harmful substances from ships or offshore installations

15C Prohibitions in relation to radioactive waste or other radioactive matter and other waste in coastal marine area

Noise

16 Duty to avoid unreasonable noise

Adverse effects

17 Duty to avoid, remedy, or mitigate adverse effects

Recognised customary activities

[Repealed]

17A Recognised customary activity may be exercised in accordance with any controls [Repealed]

17B Adverse effects assessment [Repealed]

Emergencies

18 Possible defence in cases of unforeseen emergencies

Effect of certain changes to plans

[Repealed]

19 Certain rules in proposed plans to be operative [Repealed]

20 Certain rules in proposed plans not to have effect [Repealed]

Certain existing lawful activities allowed

20A Certain existing lawful activities allowed

Miscellaneous provisions

21 Avoiding unreasonable delay

22 Duty to give certain information

23 Other legal requirements not affected

Part 4
Functions, powers, and duties of central and local government

Functions, powers, and duties of Ministers

24 Functions of Minister for the Environment

24A Power of Minister for the Environment to investigate and make recommendations

25 Residual powers of Minister for the Environment

25A Minister may direct preparation of plan, change, or variation

25B Ministers may direct commencement of review

26 Minister may make grants and loans

27 Minister may require local authorities to supply information

28 Functions of Minister of Conservation

28A Regional council must supply information to Minister of Conservation

28B Functions of Minister of Aquaculture

29 Delegation of functions by Ministers

29A Restriction on Ministerial direction

Functions, powers, and duties of local authorities

30 Functions of regional councils under this Act

31 Functions of territorial authorities under this Act

31A Minister of Conservation to have certain powers of local authority

32 Consideration of alternatives, benefits, and costs

32A Failure to carry out evaluation

33 Transfer of powers

34 Delegation of functions, etc, by local authorities

34A Delegation of powers and functions to employees and other persons

35 Duty to gather information, monitor, and keep records

35A Duty to keep records about iwi and hapu

36 Administrative charges

36AA Local authority policy on discounting administrative charges

Duties of local authorities and applicants

36A No duty under this Act to consult about resource consent applications and notices of requirement

Powers and duties of local authorities and other public authorities

36B Power to make joint management agreement

36C Local authority may act by itself under joint management agreement

36D Effect of joint management agreement

36E Termination of joint management agreement

Waivers and extension of time limits

37 Power of waiver and extension of time limits

37A Requirements for waivers and extensions

37B Persons to have powers of consent authority for purposes of sections 37 and 37A

Enforcement officers

38 Authorisation and responsibilities of enforcement officers

Powers and duties in relation to hearings

39 Hearings to be public and without unnecessary formality

39A Accreditation

39B Persons who may be given hearing authority

39C Effect of lack of accreditation

40 Persons who may be heard at hearings

41 Provisions relating to hearings

41A Control of hearings

41B Directions to provide evidence within time limits

41C Directions and requests before or at hearings

42 Protection of sensitive information

Reports

42A Reports to local authority

Part 4A
Environmental Protection Authority

42B Establishment of Environmental Protection Authority [Repealed]

42C Functions of EPA

42D Secretary for the Environment to exercise functions of EPA [Repealed]

Part 5
Standards, policy statements, and plans

43AA Interpretation

43AAB Meaning of district rule and regional rule

43AAC Meaning of proposed plan

National environmental standards

43 Regulations prescribing national environmental standards

43A Contents of national environmental standards

43B Relationship between national environmental standards and rules or consents

43C Relationship between national environmental standards and water conservation orders

43D Relationship between national environmental standards and designations

43E Relationship between national environmental standards and bylaws

43F Description of discharges in national environmental standards for discharges

43G Incorporation of material by reference in national environmental standards

44 Restriction on power to make national environmental standards

44A Local authority recognition of national environmental standards

National policy statements

45 Purpose of national policy statements (other than New Zealand coastal policy statements)

46 Proposed national policy statement

46A Minister chooses process

46B Incorporation of material by reference in national policy statements

47 Board of inquiry

47A Board of inquiry to suspend consideration or consider additional material

48 Public notification of proposed national policy statement and inquiry

49 Submissions to board of inquiry

50 Conduct of hearing

51 Matters to be considered and board of inquiry's report

51A Withdrawal of proposed national policy statement

52 Consideration of recommendations and approval or withdrawal of statement

53 Changes to or review or revocation of national policy statements

54 Publication of national policy statements

55 Local authority recognition of national policy statements

New Zealand coastal policy statements

56 Purpose of New Zealand coastal policy statements

57 Preparation of New Zealand coastal policy statements

58 Contents of New Zealand coastal policy statements

58A Incorporation of material by reference in New Zealand coastal policy statements

Regional policy statements

59 Purpose of regional policy statements

60 Preparation and change of regional policy statements

61 Matters to be considered by regional council (policy statements)

62 Contents of regional policy statements

Regional plans

63 Purpose of regional plans

64 Preparation and change of regional coastal plans

64A Imposition of coastal occupation charges

65 Preparation and change of other regional plans

66 Matters to be considered by regional council (plans)

67 Contents of regional plans

68 Regional rules

68A Regional coastal plan not to authorise aquaculture activities in coastal marine area as permitted activities

69 Rules relating to water quality

70 Rules about discharges

Rules relating to discharge of greenhouse gases

70A Application to climate change of rules relating to discharge of greenhouse gases

70B Implementation of national environmental standards

71 Rules about esplanade reserves on reclamation [Repealed]

District plans

72 Purpose of district plans

73 Preparation and change of district plans

74 Matters to be considered by territorial authority

75 Contents of district plans

76 District rules

77 Rules about esplanade reserves on subdivision and road stopping

Additional provisions for regional rules and district rules

77A Power to make rules to apply to classes of activities and specify conditions

77B Duty to include certain rules in relation to controlled or restricted discretionary activities

77C Certain activities to be treated as discretionary activities or prohibited activities [Repealed]

77D Rules specifying activities for which consent applications must be notified or are precluded from being notified

Miscellaneous provisions

78 Withdrawal of proposed policy statements and plans [Repealed]

78A Combined regional and district documents [Repealed]

79 Review of policy statements and plans

79A Circumstance when further review required [Repealed]

79B Consequence of review under section 79A [Repealed]

80 Combined regional and district documents

81 Boundary adjustments

82 Disputes

82A Dispute relating to review under section 79A [Repealed]

83 Procedural requirements deemed to be observed

84 Local authorities to observe their own policy statements and plans

85 Compensation not payable in respect of controls on land

Plan must not allow activity that prevents protected customary rights

85A Plan or proposed plan must not include certain rules

85B Process to apply if plan or proposed plan does not comply with section 85A

86 Power to acquire land

Legal effect of rules

86A Purpose of sections 86B to 86G

86B When rules in proposed plans and changes have legal effect

86C When rule has legal effect if decision to delay its effect is rescinded

86D Environment Court may order rule to have legal effect from date other than standard date

86E Local authorities must identify rules having early or delayed legal effect

86F When rules in proposed plans must be treated as operative

86G Rule that has not taken legal effect or become operative excluded from references to rule in this Act and regulations made under this Act

Part 6
Resource consents

87AA This Part subject to Part 6A

87 Types of resource consents

87A Classes of activities

87B Certain activities to be treated as discretionary activities or prohibited activities

Streamlining decision-making on resource consents

87C Sections 87D to 87I apply to resource consent applications

87D Request for application to go directly to Environment Court

87E Consent authority’s decision on request

87F Consent authority's subsequent processing

87G Environment Court determines application

87H Residual powers of consent authority

87I When consent authority must determine application

Application for resource consent

88 Making an application

88A Description of type of activity to remain the same

88B Time limits from which time periods are excluded

88C Excluded time periods relating to provision of further information

88D Excluded time periods relating to direct referral (for resource consents and also for notices of requirement)

88E Excluded time periods relating to other matters

88F Excluded time relating to pre-request aquaculture agreements

89 Applications to territorial authorities for resource consents where land is in coastal marine area

89A Applications affecting navigation to be referred to Maritime New Zealand

90 Distribution of application to other authorities [Repealed]

91 Deferral pending application for additional consents

Further information

92 Further information, or agreement, may be requested

92A Responses to request

92B Responses to notification

Notification of applications

[Repealed]

93 When public notification of consent applications is required [Repealed]

94 When public notification of consent applications is not required [Repealed]

94A Forming opinion as to whether adverse effects are minor or more than minor [Repealed]

94B Forming opinion as to who may be adversely affected [Repealed]

94C Public notification if applicant requests or if special circumstances exist [Repealed]

94D When public notification and service requirements may be varied [Repealed]

Public notification and limited notification of applications

95 Time limit for public notification or limited notification

95A Public notification of consent application at consent authority's discretion

95B Limited notification of consent application

95C Public notification of consent application after request for further information or report

95D Consent authority decides if adverse effects likely to be more than minor

95E Consent authority decides if person is affected person

95F Status of protected customary rights group

95G Status of customary marine title group

Submissions on applications

96 Making submissions

97 Time limit for submissions

98 Advice of submissions to applicant

Pre-hearing meetings and mediation

99 Pre-hearing meetings

99A Mediation

Hearings

100 Obligation to hold a hearing

100A Hearing by commissioner if requested by applicant or submitter

101 Hearing date and notice

102 Joint hearings by 2 or more consent authorities

103 Combined hearings in respect of 2 or more applications

103A Time limit for completion of adjourned hearing

Decisions

104 Consideration of applications

104A Determination of applications for controlled activities

104B Determination of applications for discretionary or non-complying activities

104C Determination of applications for restricted discretionary activities

104D Particular restrictions for non-complying activities

Decisions on applications relating to discharge of greenhouse gases

104E Applications relating to discharge of greenhouse gases

104F Implementation of national environmental standards

105 Matters relevant to certain applications

106 Consent authority may refuse subdivision consent in certain circumstances

107 Restriction on grant of certain discharge permits

107A Restrictions on grant of resource consents [Repealed]

107B Provision for certain infrastructure works and related operations [Repealed]

107C Circumstances when written approval for resource consent required from holder of customary rights order [Repealed]

107D Process to apply if grant of resource consent has effect of cancelling customary rights order [Repealed]

Decisions on applications relating to non-aquaculture activities

[Repealed]

107E Decision on application to undertake non-aquaculture activity in aquaculture management area [Repealed]

107F Applications to undertake aquaculture activities

108 Conditions of resource consents

108A Bonds

109 Special provisions in respect of bonds or covenants

110 Refund of money and return of land where activity does not proceed

111 Use of financial contributions

112 Obligation to pay rent and royalties deemed condition of consent

113 Decisions on applications to be in writing, etc

114 Notification

115 Time limits for notification of decision

116 When a resource consent commences

116A When coastal permit for aquaculture activities may commence

Restricted coastal activities

117 Application to carry out restricted coastal activity

118 Recommendation of hearing committee [Repealed]

119 Decision on application for restricted coastal activity [Repealed]

119A Coastal permit for restricted coastal activity treated as if granted by regional council

Appeals

120 Right to appeal

121 Procedure for appeal

Nature of resource consent

122 Consents not real or personal property

Duration of consent

123 Duration of consent

123A Duration of consent for aquaculture activities

124 Exercise of resource consent while applying for new consent

124A When sections 124B and 124C apply and when they do not apply

124B Applications by existing holders of resource consents

124C Applications by persons who are not existing holders of resource consents

125 Lapsing of consents

126 Cancellation of consent

127 Change or cancellation of consent condition on application by consent holder

Review of consent conditions by consent authority

128 Circumstances when consent conditions can be reviewed

129 Notice of review

130 Public notification, submissions, and hearing, etc

131 Matters to be considered in review

132 Decisions on review of consent conditions

133 Powers under Part 12 not affected

133A Minor corrections of resource consents

Transfer of consents

134 Land use and subdivision consents attach to land

135 Transferability of coastal permits

136 Transferability of water permits

137 Transferability of discharge permits

138 Surrender of consent

138A Special provisions relating to coastal permits for dumping and incineration

Certificates of compliance or existing use

139 Consent authorities and Environmental Protection Authority to issue certificates of compliance

139A Consent authorities to issue existing use certificates

Decisions on proposals of national significance

[Repealed]

Part 6AA
Proposals of national significance

140 Outline of this Part

141 Interpretation

141A Minister's power to intervene [Repealed]

141B Minister's power to call in matters that are or are part of proposals of national significance [Repealed]

141C Form and effect of Minister's direction [Repealed]

Subpart 1Minister may make direction in relation to matter

Matter lodged with local authority

142 Minister may call in matter that is or is part of proposal of national significance

143 Restriction on when local authority may request call in

144 Restriction on when Minister may call in matter

144A EPA to advise and make recommendations to Minister in relation to call-in

Matter lodged with EPA

145 Matter lodged with EPA

146 EPA to recommend course of action to Minister

147 Minister makes direction after EPA recommendation

General provisions for matter lodged with local authority or EPA

148 Proposals relating to coastal marine area

149 EPA may request further information or commission report

How matter processed if direction made to refer matter to board of inquiry or court

149A EPA must serve Minister's direction on local authority and applicant

149B Local authority's obligations if matter called in

149C EPA must give public notice of Minister's direction

149D Minister may instruct EPA to delay giving public notice pending application for additional consents

149E EPA to receive submissions on matter if public notice of direction has been given

149F EPA to receive further submissions if matter is request, change, or variation

149G EPA must provide board or court with necessary information

149H Local authority may not notify further change or variation in certain circumstances

149I Limitation on withdrawal of change or variation

Subpart 2How matter decided if direction made to refer matter to board of inquiry or court

Matter decided by board of inquiry

149J Minister to appoint board of inquiry

149K How members appointed

149L Conduct of inquiry

149M Process if matter is request for regional plan or change and particular circumstances apply

149N Process if section 149M applies or proposed plan or change not yet prepared

149O Public notice and submissions where EPA receives proposed plan or change from local authority under section 149N

149P Consideration of matter by board

149Q Board to produce draft report

149R Board to produce final report

149S Minister may extend time by which board must report

Matter decided by Environment Court

149T Matter referred to Environment Court

149U Consideration of matter by Environment Court

Appeals

149V Appeal from decisions only on question of law

Subpart 3Miscellaneous provisions

Process after decision of board of inquiry or court on certain matters

149W Local authority to implement decision of board or court about proposed regional plan or change or variation

149X Residual powers of local authority

Minister makes direction to refer matter to local authority

149Y EPA must refer matter to local authority if direction made by Minister

149Z Local authority must process referred matter

Minister's powers to intervene in matter

149ZA Minister's powers to intervene in matter

Process if related matter already subject to direction to refer to board of inquiry or court

149ZB How EPA must deal with certain applications and notices of requirement

149ZC Minister to decide whether application or notice of requirement to be notified

Costs of processes under this Part

149ZD Costs of processes under this Part recoverable from applicant

149ZE Remuneration, allowances, and expenses of boards of inquiry

150 Residual powers of authorities [Repealed]

150AA Reference to Environment Court [Repealed]

Part 6A
Aquaculture moratorium

150A Interpretation

150B Moratorium

150C Earlier expiry of moratorium in relation to specified areas

150D Pending applications to be considered under rules as at end of moratorium [Repealed]

150E Transitional provision [Repealed]

150F No compensation

Certain coastal permits continued

150G Certain coastal permits issued in period from 1 June 1995 to 1 August 2003 continued

Part 7
Coastal tendering

151AA Part not to apply to applications to occupy coastal marine area

151 Interpretation

152 Order in Council may be made requiring holding of authorisation

153 Application of Order in Council

154 Publication, etc, of Order in Council

155 Particulars of Order in Council to be endorsed on regional coastal plan

156 Effect of Order in Council

157 Calling of public tenders for authorisations

158 Requirements of tender

159 Acceptance of tender, etc

160 Notice of acceptance of tender

161 Grant of authorisation

162 Authorisation not to confer right to coastal permit, etc

163 Authorisation transferable

164 Authorisation to lapse in certain circumstances

165 Tender money

Part 7A
Occupation of common marine and coastal area

165A Overview

165AB Establishment of aquaculture management areas [Repealed]

165B Relationship of Part with rest of Act

165BB Some applications for coastal permits must be cancelled [Repealed]

165BC Certain applications not to be processed or determined until aquaculture management area established in regional coastal plan [Repealed]

Subpart 1Managing occupation in common marine and coastal area

165C Interpretation

165D Power of consent authorities to refuse to receive applications for coastal permits

165E Applications in relation to aquaculture settlement areas

Regional coastal plan provisions relating to occupation of common marine and coastal area

165F Provisions about occupation of common marine and coastal area

165G Plan may specify allocation methods

165H Regional council to have regard to and be satisfied about certain matters before including allocation rule in regional coastal plan or proposed regional coastal plan

165I Offer of authorisations for activities in common marine and coastal area in accordance with plan

165J When applications not to be made unless applicant holds authorisation in accordance with plan

165K Power to give directions relating to allocation of authorisations for space provided for in plan

Ministerial approval of use of method of allocating authorisations

165L Regional council may request use of allocation method

165M Stay on applications following request under section 165L

165N Minister may approve use of allocation method

165O Period of approval

165P Offer of authorisations where approved by Minister

165Q When applications not to be made or granted unless applicant holds authorisation in accordance with Gazette notice

Authorisations

165R Authorisation not to confer right to coastal permit

165S Authorisation transferable

165T Authorisation lapses in certain circumstances

165U Public notice of offer of authorisations by regional council

165V Requirements for offers for authorisations

165W Preferential rights of iwi

165X Acceptance of offer for authorisations

165Y Grant of authorisation

165Z Tender money

165ZA Use of tender money

Ministerial powers in relation to applications for coastal permits to undertake aquaculture activities in common marine and coastal area

165ZB Regional council may request suspension of applications to occupy common marine and coastal area for purposes of aquaculture activities

165ZC Effect on applications of request under section 165ZB

165ZD Minister of Aquaculture may suspend applications to occupy the common marine and coastal area for the purposes of aquaculture activities

165ZE Subsequent requests for direction in relation to suspension of receipt of applications

Ministerial power to direct applications for coastal permits to undertake aquaculture activities in common marine and coastal area to be processed and heard together

165ZF Regional council may request direction to process and hear together applications for permits to occupy common marine and coastal area for purpose of aquaculture activities

165ZFA Ministerial power to direct applications to be processed and heard together

Processing and hearing together of applications for coastal permits

165ZFB Application of sections 165ZFC to 165ZFH

165ZFC Interpretation

165ZFD Effect of requirement that applications be processed and heard together on direct referral to Environment Court under sections 87D to 87I

165ZFE Processing of affected applications

165ZFF Hearing of affected applications

165ZFG Effect of requirement that applications be processed and heard together on power of Minister to call in applications under section 142

165ZFH Effect of requirement that applications be processed and heard together on lodgement of applications with EPA

Subpart 2Privately initiated plan changes

[Repealed]

Subpart 3Order in which applications by existing consent holders are to be processed

165ZG Application

165ZH Processing applications for existing permit holders

165ZI Applications for space already used for aquaculture activities

165ZJ Additional criteria for considering applications for permits for space already used for aquaculture activities

Subpart 4Plan change requests and concurrent applications for coastal permits in relation to aquaculture activities

165ZK Application

165ZL Interpretation

165ZM Other provisions of Act apply subject to this subpart

165ZN Application for coastal permit to undertake aquaculture activities

165ZO Identifying plan change requests and concurrent applications

165ZP Incomplete concurrent application

165ZQ Additional consents

165ZR Concurrent application to be declined or treated as withdrawn if plan change request declined or withdrawn

165ZS Consideration of plan change request

165ZT Notification of accepted plan change request

165ZU Submissions on plan change request and concurrent application

165ZV Hearing of submissions

165ZW Type of activity in relation to concurrent activities

165ZX Consideration of plan change request and concurrent application

165ZY Regional council's decision on concurrent application

165ZZ Appeals

165ZZA Grant of coastal permit

Part 8
Designations and heritage orders

Designations

166 Meaning of designation, network utility operator, and requiring authority

167 Application to become requiring authority

168 Notice of requirement to territorial authority

168A Notice of requirement by territorial authority

169 Further information, notification, submissions, and hearing for notice of requirement to territorial authority

170 Discretion to include requirement in proposed plan

171 Recommendation by territorial authority

172 Decision of requiring authority

173 Notification of decision on designation

174 Appeals

175 Designation to be provided for in district plan

176 Effect of designation

176A Outline plan

177 Land subject to existing designation or heritage order

178 Interim effect of requirements for designations

179 Appeals relating to sections 176 to 178

180 Transfer of rights and responsibilities for designations

181 Alteration of designation

182 Removal of designation

183 Review of designation which has not lapsed [Repealed]

184 Lapsing of designations which have not been given effect to

184A Lapsing of designations of territorial authority in its own district

185 Environment Court may order taking of land

186 Compulsory acquisition powers

Heritage orders

187 Meaning of heritage order and heritage protection authority

188 Application to become heritage protection authority

189 Notice of requirement to territorial authority

189A Notice of requirement for heritage order by territorial authority

190 Further information, notification, submissions, and hearing for notice of requirement to territorial authority

191 Recommendation by territorial authority

192 Application of other sections

193 Effect of heritage order

193A Land subject to existing heritage order or designation

194 Interim effect of requirement

195 Appeals relating to sections 193 and 194

195A Alteration of heritage order

196 Removal of heritage order

197 Compulsory acquisition powers

198 Environment Court may order land taken, etc

Streamlining decision-making on designations and heritage orders

198A Sections 198B to 198G apply to requirements under section 168 or 189

198B Requiring authority or heritage protection authority's request

198C Territorial authority’s decision on request

198D Territorial authority's subsequent processing

198E Environment Court decides

198F Residual powers of territorial authority

198G When territorial authority must deal with requirement

198H Sections 198I to 198M apply to requirements under section 168A or 189A

198I Territorial authority's decision

198J Territorial authority's subsequent processing

198K Environment Court decides

198L Residual powers of territorial authority

198M When territorial authority must deal with requirement

Part 9
Water conservation orders

199 Purpose of water conservation orders

200 Meaning of water conservation order

201 Application for water conservation order

202 Minister's obligations upon receipt of application

203 Special tribunal

204 Public notification of application

205 Submissions to special tribunal

206 Conduct of hearing

207 Matters to be considered

208 Special tribunal to report on application

209 Right to make submissions to Environment Court

210 Environment Court to hold inquiry

211 Who may be heard at inquiry

212 Matters to be considered by Environment Court

213 Court's report

214 Making of water conservation order

215 Minister's obligation to state reasons for not accepting recommendation

216 Revocation or variation of order

217 Effect of water conservation order

Part 10
Subdivision and reclamations

218 Meaning of subdivision of land

219 Information to accompany applications for subdivision consents [Repealed]

220 Condition of subdivision consents

221 Territorial authority to issue a consent notice

222 Completion certificates

Approval and deposit of survey plans

223 Approval of survey plan by territorial authority

224 Restrictions upon deposit of survey plan

225 Agreement to sell land or building before deposit of plan

226 Restrictions upon issue of certificates of title for subdivision

226A Savings in respect of cross leases, company leases, and retirement village leases

227 Cancellation of prior approvals

228 Subdivision by the Crown

Esplanade reserves

229 Purposes of esplanade reserves and esplanade strips

230 Requirement for esplanade reserves or esplanade strips

231 Esplanade reserves to vest on subdivision

232 Creation of esplanade strips

233 Effect of change to boundary of esplanade strip

234 Variation or cancellation of esplanade strips

235 Creation of esplanade strips by agreement

236 Where land previously set aside or reserved

237 Approval of survey plans where esplanade reserve or esplanade strips required

237A Vesting of land in common marine and coastal area or bed of lake or river

237B Access strips

237C Closure of strips to public

237D Transfers to the Crown or regional council

237E Compensation for taking of esplanade reserves or strips on allotments of less than 4 hectares

237F Compensation for taking of esplanade reserves or strips on allotments of 4 hectares or more

237G Compensation

237H Valuation

Vesting of roads and reserves

238 Vesting of roads

239 Vesting of reserves or other land

Conditions as to amalgamation of land

240 Covenant against transfer of allotments

241 Amalgamation of allotments

242 Prior registered instruments protected

Conditions as to easements

243 Survey plan approved subject to grant or reservation of easements

Company leases and cross leases

[Repealed]

244 Company leases and cross leases [Repealed]

Reclamations

245 Consent authority approval of a plan of survey of a reclamation

246 Restrictions on deposit of plan of survey for reclamation

Part 11
Environment Court

247 Planning Tribunal re-named Environment Court

248 Membership of Environment Court

Environment Judges and alternate Environment Judges

249 Eligibility for appointment as an Environment Judge or alternate Environment Judge

250 Appointment of Environment Judges and alternate Environment Judges

251 Principal Environment Judge

251A Appointment of acting Principal Environment Judge

252 When an alternate Environment Judge may act

Environment Commissioners and Deputy Environment Commissioners

253 Eligibility for appointment as Environment Commissioner or Deputy Environment Commissioner

254 Appointment of Environment Commissioner or Deputy Environment Commissioner

255 When a Deputy Environment Commissioner may act

256 Oath of office

Removal and resignation of members

257 Resignation

258 Removal of members

Special advisors

259 Special advisors

Officers of court

260 Registrar and other officers

Miscellaneous provisions relating to court

261 Protection from legal proceedings

262 Environment Court members who are ratepayers

263 Remuneration of Environment Commissioners and special advisors

264 Annual report of Registrar

Constitution of court

265 Environment Court sittings

266 Constitution of the Environment Court not to be questioned

Conferences and additional dispute resolution

267 Conferences

268 Alternative dispute resolution

Procedure and powers

269 Court procedure

270 Hearing matters together

271 Local hearings

271A Submitter may be party to proceedings [Repealed]

272 Hearing of proceedings

273 Successors to parties to proceedings

274 Representation at proceedings

275 Personal appearance or by representative

276 Evidence

276A Evidence of documents

277 Hearings and evidence generally to be public

278 Environment Court has powers of a District Court

279 Powers of Environment Judge sitting alone

280 Powers of Environment Commissioner sitting without Environment Judge

281 Waivers and directions

281A Registrar may waive, reduce, or postpone payment of fee

281B Review of exercise of power by Registrar

282 Power to commit for contempt

283 Non-attendance or refusal to co-operate

284 Witnesses' allowances

284A Security for costs [Repealed]

285 Awarding costs

286 Enforcing orders for costs

287 Reference of questions of law to High Court

288 Privileges and immunities

Appeals, inquiries, and other proceedings before Environment Court

289 Reply to appeal or request for inquiry [Repealed]

290 Powers of court in regard to appeals and inquiries

290AA Powers of court in regard to certain appeals under clause 14 of Schedule 1

290A Environment Court to have regard to decision that is subject of appeal or inquiry

291 Other proceedings before court

Court's powers in regard to plans and policy statements

292 Remedying defects in plans

293 Environment Court may order change to proposed policy statements and plans

293A Determinations on recognition orders and agreements made under Marine and Coastal Area (Takutai Moana) Act 2011

294 Review of decision by court

Decisions of Environment Court

295 Environment Court decisions are final

296 No review of decisions unless right of appeal or reference to inquiry exercised

297 Decisions of court to be in writing

298 Documents judicially noticed

Appeals from Environment Court decisions

299 Appeal to High Court on question of law

300 Notice of appeal

301 Right to appear and be heard on appeal

302 Parties to the appeal before the High Court

303 Orders of the High Court

304 Dismissal of appeal

305 Additional appeals on questions of law

306 Extension of time

307 Date of hearing

308 Appeals to the Court of Appeal

Part 11A
Act not to be used to oppose trade competitors

308A Identification of trade competitors and surrogates

308B Limit on making submissions

308C Limit on representation at appeals

308D Limit on appealing under this Act

308E Prohibition on using surrogate

308F Surrogate must disclose status

308G Declaration that Part contravened

308H Costs orders if declaration made

308I Proceedings for damages in High Court

Part 12
Declarations, enforcement, and ancillary powers

309 Proceedings to be heard by an Environment Judge

Declarations

310 Scope and effect of declaration

311 Application for declaration

312 Notification of application

313 Decision on application

Enforcement orders

314 Scope of enforcement order

315 Compliance with enforcement order

316 Application for enforcement order

317 Notification of application

318 Right to be heard

319 Decision on application

320 Interim enforcement order

321 Change or cancellation of enforcement order

Abatement notices

322 Scope of abatement notice

323 Compliance with abatement notice

324 Form and content of abatement notice

325 Appeals

325A Cancellation of abatement notice

325B Restrictions on certain applications for enforcement orders and abatement notices

Excessive noise

326 Meaning of excessive noise

327 Issue and effect of excessive noise direction

328 Compliance with an excessive noise direction

Water shortage

329 Water shortage direction

Emergency works

330 Emergency works and power to take preventive or remedial action

330A Resource consents for emergency works

330B Emergency works under Civil Defence Emergency Management Act 2002

331 Reimbursement or compensation for emergency works

Powers of entry and search

332 Power of entry for inspection

333 Power of entry for survey

334 Application for warrant for entry for search

335 Direction and execution of warrant for entry for search

Return of property

[Repealed]

336 Return of property seized under sections 323 and 328 [Repealed]

337 Return of property seized under warrant [Repealed]

Offences

338 Offences against this Act

339 Penalties

339A Protection against imprisonment for dumping and discharge offences involving foreign ships

339B Additional penalty for certain offences for commercial gain

339C Amount of fine or other monetary penalty recoverable by distress and sale of ship or from agent

340 Liability of principal for acts of agents

341 Strict liability and defences

341A Liability and defences for dumping and storage of waste or other matter

341B Liability and defences for discharging harmful substances

342 Fines to be paid to local authority instituting prosecution

343 Discharges from ships [Repealed]

Infringement offences

343A Infringement offences

343B Commission of infringement offence

343C Infringement notices

343D Entitlement to infringement fees

Part 13
Hazards Control Commission

[Repealed]

344 Interpretation [Repealed]

345 Purpose and principles [Repealed]

346 Establishment of Commission [Repealed]

347 Functions of Commission [Repealed]

348 Membership of Commission [Repealed]

349 Compliance with policy directions [Repealed]

350 Further provisions applying in respect of Commission [Repealed]

351 Regulations [Repealed]

Part 14
Miscellaneous provisions

352 Service of documents

352A Mode of service of summons on master or owner of ship

353 Notices and consents in relation to Maori land

354 Crown's existing rights to resources to continue

355 Vesting of reclaimed land

355AA Effect of Foreshore and Seabed Act 2004 on vesting of reclamations [Repealed]

355AB Application for renewals [Repealed]

355A Application for consent to unlawful reclamation

355B Enforcement powers against unlawful reclamations

356 Matters may be determined by arbitration

Rights of objection

357 Right of objection against certain decisions

357A Right of objection to consent authority against certain decisions or requirements

357B Right of objection in relation to imposition of additional charges or recovery of costs

357C Procedure for making and hearing objection under sections 357 to 357B

357D Decision on objections made under sections 357 to 357B

358 Appeals against certain decisions or objections

359 Regional councils to pay rents, royalties, and other money received into Crown Bank Account

360 Regulations

360A Regulations amending regional coastal plans in relation to aquaculture activities

360B Conditions to be satisfied before regulations made under section 360A

360C Regional council's obligations

361 Repeals and revocations

362 Consequential amendments

363 Conflicts with special Acts

Part 15
Transitional provisions

364 Application of this Part

365 Meaning of permission

366 Effect of this Act on existing schemes, consents, etc

367 Effect of regional planning schemes

Transitional regional plans

368 Existing notices, bylaws, etc, to become regional plans

369 Provisions deemed to be regional rules

Transitional regional coastal plans

370 Existing notices, bylaws, etc, to become regional coastal plans

371 Provisions deemed to be regional rules

372 Power of Minister of Conservation to give directions relating to restricted coastal activities

Transitional district plans

373 Existing district and maritime schemes to become district plans

374 Provisions deemed to be district rules

375 Transitional provisions for public utilities

Provisions relating to all plans

376 Transitional plans to be notified and available

377 Obligation to review transitional plans

378 Proceedings in relation to plans

379 Declarations

Transitional notices, directions, etc

380 Existing notices which continue in effect

381 Existing notices deemed to be abatement notices

382 Existing direction deemed to be excessive noise direction

382A Return of property seized under Noise Control Act 1982

Transitional resource consents

383 Existing permissions to become land use consents

383A Existing permissions to allow use of beds of lakes and rivers

384 Existing permissions to become coastal permits

384A Right of port companies to occupy coastal marine area

385 Existing clean air permissions to become discharge permits

386 Existing rights and authorities under Water and Soil Conservation Act 1967

387 Existing geothermal licences and authorisations deemed to be water permits

388 Requirement to supply information

389 Existing applications

390 Application being heard

390A Appeals

390B Date on which application deemed to be made

390C Dealing with applications for permissions

390D Timing for renewals

391 Applications for licences and approvals under Clean Air Act 1972

391A Resource consents following approval under Clean Air Act 1972

392 Provisions of Clean Air Act 1972 may be considered on applications for resource consents for discharging contaminants into the air [Expired]

393 Applications for Orders in Council to reclaim land and approval for harbour works

394 Transitional provisions relating to setting aside of esplanade reserves on reclamation [Repealed]

395 Applications for works, etc, in coastal marine area [Repealed]

396 Applications for marine farming in coastal marine area [Repealed]

396A Notification of lapsing, cancellation, or surrender of coastal permit for marine farming [Repealed]

396B Notification of rule change affecting marine farming [Repealed]

397 Existing applications for marine farming leases [Repealed]

398 Regional councils not to accept applications for coastal permits in areas notified by Minister of Fisheries [Repealed]

399 Applications received on same day

400 Applications under Marine Farming Act 1971 for prohibited anchorages, etc

401 Conditions of deemed resource consents

401A Transitional coastal occupation charges

401B Obligation to pay coastal occupation charge deemed condition of consent

Subdivision and development

402 Existing subdivision approvals

403 Existing objections and appeals in relation to subdivisions

404 Existing applications for approval

405 Transitional provisions for subdivisions

405A Transitional provisions for esplanade reserves where land subdivided or road stopped

406 Grounds of refusal of subdivision consent

407 Subdivision consent conditions

408 Existing approvals for unit plans, cross lease plans, and company lease plans

409 Financial contributions for developments

410 Existing developments

411 Restriction on imposition of conditions as to financial contributions

412 Expiry of certain sections [Repealed]

Current mining privileges relating to water

413 Current mining privileges to become deemed permits

414 Deemed permits to be subject to regional rules

415 Acquisition of deemed permits

416 Compensation

417 Permits over land other than that of holders to be produced in Land Transfer Office

Existing uses

417A Uses of lakes and rivers not restricted by section 9

418 Certain existing permitted uses may continue

419 Certain discharges affected by water classifications

420 Designations and requirements continued

421 Protection notices to become heritage orders

422 Procedure for requirements for designations and protection notices

423 National water conservation orders

Miscellaneous provisions

424 Savings as to bylaws

425 Leases, licences, and other authorities under Harbours Act 1950

425A Functions and powers in respect of activities on or in Lake Taupo

426 Leases and licences executed under Marine Farming Act 1971 [Repealed]

427 Deemed transfer of powers to former public bodies

428 Environment Court

429 Savings as to compensation claims

430 Savings as to court proceedings

431 Obligation to prepare draft New Zealand coastal policy statement within 1 year

432 Obligation to prepare regional policy statements and coastal plans within 2 years

433 Collection of water management charges

Schedule 1
Preparation, change, and review of policy statements and plans

Schedule 1AA
Incorporation of documents by reference in national environmental standards, national policy statements, and New Zealand coastal policy statements

Schedule 1A
Preparation and change of regional coastal plans providing for aquaculture activities

[Repealed]

Schedule 2
Matters that may be provided for in policy statements and plans

[Repealed]

Schedule 3
Water quality classes

Schedule 4
Assessment of effects on the environment

Schedule 5
Provisions applying in respect of the Hazards Control Commission

[Repealed]

Schedule 6
Enactments repealed

Schedule 7
Regulations and orders revoked

Schedule 8
Enactments amended

Schedule 9
Special Acts under which local authorities and other public bodies exercise functions, powers, and duties

Schedule 10
Requirements for instruments creating esplanade strips and access strips

Schedule 11
Acts that include statutory acknowledgements

Schedule 12
Adverse effects assessment and report and controls in relation to a recognised customary activity

[Repealed]


An Act to restate and reform the law relating to the use of land, air, and water

1 Short Title and commencement
  • (1) This Act may be cited as the Resource Management Act 1991.

    (2) Except as provided in subsection (3), this Act shall come into force on 1 October 1991.

    (3) [Repealed]

    Section 1(3): repealed, on 2 July 2001, by section 149 of the Hazardous Substances and New Organisms Act 1996 (1996 No 30).

Part 1
Interpretation and application

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

    abatement notice means a notice served under section 322

    access strip means a strip of land created by the registration of an easement in accordance with section 237B for the purpose of allowing public access to or along any river, or lake, or the coast, or to any esplanade reserve, esplanade strip, other reserve, or land owned by the local authority or by the Crown (but excluding all land held for a public work except land held, administered, or managed under the Conservation Act 1987 and the Acts named in Schedule 1 of that Act)

    accommodated activity has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

    accredited means to hold a qualification approved and notified under section 39A

    adverse effects assessment means an assessment carried out—

    • (a) by the Minister of Conservation under Part 1 of Schedule 12; or

    adverse effects report means a written report prepared—

    • (a) by the Minister of Conservation in accordance with Part 1 of Schedule 12; or

    agent or agent of the ship, in relation to a ship, means—

    • (a) any agent in New Zealand of the owner of the ship; or

    • (b) any agent of the ship

    agreement has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

    aircraft means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by reactions of the air against the surface of the earth

    airport means any defined area of land or water intended or designed to be used, whether wholly or partly, for the landing, departure, movement, or servicing of aircraft

    allotment has the meaning set out in section 218

    amenity values means those natural or physical qualities and characteristics of an area that contribute to people's appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes

    applicant,—

    • (a) in sections 37A, 40, 41B, 41C, and 42A means—

      • (i) for the purposes of a review of consent conditions, the consent holder; or

      • (ii) for any matter described in section 39(1) except for section 39(1)(c), the person who initiates the matter:

    • (b) in section 96, means the person who—

      • (iii) initiates a requirement for a designation:

    aquaculture activities

    • (a) means any activity described in section 12 done for the purpose of the breeding, hatching, cultivating, rearing, or ongrowing of fish, aquatic life, or seaweed for harvest if the breeding, hatching, cultivating, rearing, or ongrowing involves the occupation of a coastal marine area; and

    • (b) includes the taking of harvestable spat if the taking involves the occupation of a coastal marine area; but

    • (c) does not include an activity specified in paragraph (a) if the fish, aquatic life, or seaweed—

      • (i) are not in the exclusive and continuous possession or control of the person undertaking the activity; or

      • (ii) cannot be distinguished or kept separate from naturally occurring fish, aquatic life, or seaweed; and

    • (d) does not include an activity specified in paragraph (a) or (b) if the activity is carried out solely for the purpose of monitoring the environment

    aquatic life has the same meaning as in section 2(1) of the Fisheries Act 1996

    bed means,—

    • (a) in relation to any river—

      • (i) for the purposes of esplanade reserves, esplanade strips, and subdivision, the space of land which the waters of the river cover at its annual fullest flow without overtopping its banks:

      • (ii) in all other cases, the space of land which the waters of the river cover at its fullest flow without overtopping its banks; and

    • (b) in relation to any lake, except a lake controlled by artificial means,—

      • (i) for the purposes of esplanade reserves, esplanade strips, and subdivision, the space of land which the waters of the lake cover at its annual highest level without exceeding its margin:

      • (ii) in all other cases, the space of land which the waters of the lake cover at its highest level without exceeding its margin; and

    • (c) in relation to any lake controlled by artificial means, the space of land which the waters of the lake cover at its maximum permitted operating level; and

    • (d) in relation to the sea, the submarine areas covered by the internal waters and the territorial sea

    benefits and costs includes benefits and costs of any kind, whether monetary or non-monetary

    best practicable option, in relation to a discharge of a contaminant or an emission of noise, means the best method for preventing or minimising the adverse effects on the environment having regard, among other things, to—

    • (a) the nature of the discharge or emission and the sensitivity of the receiving environment to adverse effects; and

    • (b) the financial implications, and the effects on the environment, of that option when compared with other options; and

    • (c) the current state of technical knowledge and the likelihood that the option can be successfully applied

    biological diversity means the variability among living organisms, and the ecological complexes of which they are a part, including diversity within species, between species, and of ecosystems

    certificate of compliance means a certificate granted by a consent authority or the Environmental Protection Authority under section 139

    change has the meaning given in section 43AA

    climate change means a change of climate that is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and that is in addition to natural climate variability observed over comparable time periods

    coastal marine area means the foreshore, seabed, and coastal water, and the air space above the water—

    • (a) of which the seaward boundary is the outer limits of the territorial sea:

    • (b) of which the landward boundary is the line of mean high water springs, except that where that line crosses a river, the landward boundary at that point shall be whichever is the lesser of—

      • (i) 1 kilometre upstream from the mouth of the river; or

      • (ii) the point upstream that is calculated by multiplying the width of the river mouth by 5

    coastal permit has the meaning set out in section 87(c)

    coastal water means seawater within the outer limits of the territorial sea and includes—

    • (a) seawater with a substantial fresh water component; and

    • (b) seawater in estuaries, fiords, inlets, harbours, or embayments

    commercial fishing has the same meaning as in section 2(1) of the Fisheries Act 1996

    common marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

    company lease means a lease or licence or other right of occupation of any building or part of any building on, or to be erected on, any land—

    • (a) that is granted by a company owning an estate or interest in the land; and

    • (b) that is held by a person by virtue of being a shareholder in the company,—

    and includes a licence within the meaning of section 121A of the Land Transfer Act 1952

    completion certificate means a certificate issued under section 222

    conditions, in relation to plans and resource consents, includes terms, standards, restrictions, and prohibitions

    consent authority means a regional council, a territorial authority, or a local authority that is both a regional council and a territorial authority, whose permission is required to carry out an activity for which a resource consent is required under this Act

    consent notice means a notice issued under section 221

    constable has the meaning given in section 4 of the Policing Act 2008

    contaminant includes any substance (including gases, odorous compounds, liquids, solids, and micro-organisms) or energy (excluding noise) or heat, that either by itself or in combination with the same, similar, or other substances, energy, or heat—

    • (a) when discharged into water, changes or is likely to change the physical, chemical, or biological condition of water; or

    • (b) when discharged onto or into land or into air, changes or is likely to change the physical, chemical, or biological condition of the land or air onto or into which it is discharged

    contaminated land means land that has a hazardous substance in or on it that—

    • (a) has significant adverse effects on the environment; or

    • (b) is reasonably likely to have significant adverse effects on the environment

    contravene includes fail to comply with

    controlled activity means an activity described in section 87A(2)

    cross lease means a lease of any building or part of any building on, or to be erected on, any land—

    • (a) that is granted by any owner of the land; and

    • (b) that is held by a person who has an estate or interest in an undivided share in the land

    Crown organisation has the same meaning as in section 4 of the Crown Organisations (Criminal Liability) Act 2002

    customary marine title area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

    customary marine title group has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

    customary marine title order has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

    designation has the meaning set out in section 166

    determination has the same meaning as in section 2(1) of the Fisheries Act 1996

    Director of Maritime New Zealand or Director means the person for the time being holding the office of Director of Maritime New Zealand under section 439 of the Maritime Transport Act 1994

    discharge includes emit, deposit, and allow to escape

    discharge permit has the meaning set out in section 87(e)

    discretionary activity means an activity described in section 87A(4)

    district, in relation to a territorial authority,—

    • (a) means the district of the territorial authority as defined in accordance with the Local Government Act 2002 but, except as provided in paragraph (b), does not include any area in the coastal marine area:

    • (b) includes, for the purposes of section 89, any area in the coastal marine area

    district plan has the meaning given in section 43AA

    district rule has the meaning given in section 43AAB

    dumping means,—

    • (a) in relation to waste or other matter, its deliberate disposal; and

    • (b) in relation to a ship, an aircraft, or an offshore installation, its deliberate disposal or abandonment;—

    but does not include the disposal of waste or other matter incidental to, or derived from, the normal operations of a ship, aircraft, or offshore installation, if those operations are prescribed as the normal operations of a ship, aircraft, or offshore installation, or if the purpose of those operations does not include the disposal, or the treatment or transportation for disposal, of that waste or other matter; and to dump and dumped have corresponding meanings

    dwellinghouse means any building, whether permanent or temporary, that is occupied, in whole or in part, as a residence; and includes any structure or outdoor living area that is accessory to, and used wholly or principally for the purposes of, the residence; but does not include the land upon which the residence is sited

    employee includes,—

    • (a) in relation to a Crown organisation, the chief executive or principal officer (however described) of the organisation; and

    • (b) in relation to the New Zealand Defence Force, a member of the Armed Forces (as defined in section 2(1) of the Defence Act 1990)

    enforcement officer means any person authorised under section 38

    enforcement order means an order made under section 319 for any of the purposes set out in section 314; and includes an interim enforcement order made under section 320

    environment includes—

    • (a) ecosystems and their constituent parts, including people and communities; and

    • (b) all natural and physical resources; and

    • (c) amenity values; and

    • (d) the social, economic, aesthetic, and cultural conditions which affect the matters stated in paragraphs (a) to (c) or which are affected by those matters

    Environment Court and court means the Environment Court referred to in section 247

    Environmental Protection Authority or EPA means the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011

    esplanade reserve means a reserve within the meaning of the Reserves Act 1977

    • (a) which is either—

      • (i) a local purpose reserve within the meaning of section 23 of that Act, if vested in the territorial authority under section 239; or

      • (ii) a reserve vested in the Crown or a regional council under section 237D; and

    • (b) which is vested in the territorial authority, regional council, or the Crown for a purpose or purposes set out in section 229

    esplanade strip means a strip of land created by the registration of an instrument in accordance with section 232 for a purpose or purposes set out in section 229

    excessive noise has the meaning set out in section 326

    existing use certificate means a certificate issued under section 139A

    exploration has the same meaning as in the Crown Minerals Act 1991

    fish has the same meaning as in section 2(1) of the Fisheries Act 1996

    fisheries resources has the same meaning as in section 2(1) of the Fisheries Act 1996

    fishing has the same meaning as in section 2(1) of the Fisheries Act 1996

    foreshore means any land covered and uncovered by the flow and ebb of the tide at mean spring tides and, in relation to any such land that forms part of the bed of a river, does not include any area that is not part of the coastal marine area

    fresh water means all water except coastal water and geothermal water

    geothermal energy means energy derived or derivable from and produced within the earth by natural heat phenomena; and includes all geothermal water

    geothermal water means water heated within the earth by natural phenomena to a temperature of 30 degrees Celsius or more; and includes all steam, water, and water vapour, and every mixture of all or any of them that has been heated by natural phenomena

    greenhouse gas has the meaning given to it in section 4(1) of the Climate Change Response Act 2002

    harmful substance means any substance prescribed by regulations as a harmful substance for the purposes of this definition

    harvestable spat has the same meaning as in section 2(1) of the Fisheries Act 1996

    hazardous substance includes, but is not limited to, any substance defined in section 2 of the Hazardous Substances and New Organisms Act 1996 as a hazardous substance

    heritage order has the meaning set out in section 187

    heritage protection authority has the meaning set out in section 187

    historic heritage

    • (a) means those natural and physical resources that contribute to an understanding and appreciation of New Zealand's history and cultures, deriving from any of the following qualities:

      • (i) archaeological:

      • (ii) architectural:

      • (iii) cultural:

      • (iv) historic:

      • (v) scientific:

      • (vi) technological; and

    • (b) includes—

      • (i) historic sites, structures, places, and areas; and

      • (ii) archaeological sites; and

      • (iii) sites of significance to Māori, including wāhi tapu; and

      • (iv) surroundings associated with the natural and physical resources

    incineration, in relation to waste or other matter, means its deliberate combustion for the purpose of its thermal destruction; and to incinerate and incinerated have corresponding meanings

    industrial or trade premises means—

    • (a) any premises used for any industrial or trade purposes; or

    • (b) any premises used for the storage, transfer, treatment, or disposal of waste materials or for other waste-management purposes, or used for composting organic materials; or

    • (c) any other premises from which a contaminant is discharged in connection with any industrial or trade process—

    but does not include any production land

    industrial or trade process includes every part of a process from the receipt of raw material to the dispatch or use in another process or disposal of any product or waste material, and any intervening storage of the raw material, partly processed matter, or product

    infrastructure, in section 30, means—

    • (a) pipelines that distribute or transmit natural or manufactured gas, petroleum, biofuel, or geothermal energy:

    • (b) a network for the purpose of telecommunication as defined in section 5 of the Telecommunications Act 2001:

    • (c) a network for the purpose of radiocommunication as defined in section 2(1) of the Radiocommunications Act 1989:

    • (d) facilities for the generation of electricity, lines used or intended to be used to convey electricity, and support structures for lines used or intended to be used to convey electricity, excluding facilities, lines, and support structures if a person—

      • (i) uses them in connection with the generation of electricity for the person's use; and

      • (ii) does not use them to generate any electricity for supply to any other person:

    • (e) a water supply distribution system, including a system for irrigation:

    • (f) a drainage or sewerage system:

    • (g) structures for transport on land by cycleways, rail, roads, walkways, or any other means:

    • (h) facilities for the loading or unloading of cargo or passengers transported on land by any means:

    • (i) an airport as defined in section 2 of the Airport Authorities Act 1966:

    • (j) a navigation installation as defined in section 2 of the Civil Aviation Act 1990:

    • (k) facilities for the loading or unloading of cargo or passengers carried by sea, including a port related commercial undertaking as defined in section 2(1) of the Port Companies Act 1988:

    • (l) anything described as a network utility operation in regulations made for the purposes of the definition of network utility operator in section 166

    interim enforcement order means an order made under section 320

    internal waters has the same meaning as in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

    intrinsic values, in relation to ecosystems, means those aspects of ecosystems and their constituent parts which have value in their own right, including—

    • (a) their biological and genetic diversity; and

    • (b) the essential characteristics that determine an ecosystem's integrity, form, functioning, and resilience

    iwi authority means the authority which represents an iwi and which is recognised by that iwi as having authority to do so

    joint management agreement means an agreement that—

    • (a) is made by a local authority with 1 or more—

      • (i) public authorities, as defined in paragraph (b) of the definition of public authority:

      • (ii) iwi authorities or groups that represent hapu; and

    • (b) provides for the parties to the joint management agreement jointly to perform or exercise any of the local authority's functions, powers, or duties under this Act relating to a natural or physical resource; and

    • (c) specifies the functions, powers, or duties; and

    • (d) specifies the natural or physical resource; and

    • (e) specifies whether the natural or physical resource is in the whole of the region or district or part of the region or district; and

    • (f) may require the parties to the joint management agreement to perform or exercise a specified function, power, or duty together; and

    • (g) if paragraph (f) applies, specifies how the parties to the joint management agreement are to make decisions; and

    • (h) may specify any other terms or conditions relevant to the performance or exercise of the functions, powers, or duties, including but not limited to terms or conditions for liability and funding

    kaitiakitanga means the exercise of guardianship by the tangata whenua of an area in accordance with tikanga Maori in relation to natural and physical resources; and includes the ethic of stewardship

    lake means a body of fresh water which is entirely or nearly surrounded by land

    land

    • (a) includes land covered by water and the airspace above land; and

    • (b) in a national environmental standard dealing with a regional council function under section 30 or a regional rule, does not include the bed of a lake or river; and

    • (c) in a national environmental standard dealing with a territorial authority function under section 31 or a district rule, includes the surface of water in a lake or river

    land use consent has the meaning set out in section 87(a)

    local authority means a regional council or territorial authority

    maataitai means food resources from the sea and mahinga maataitai means the areas from which these resources are gathered

    mana whenua means customary authority exercised by an iwi or hapu in an identified area

    marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

    marine incineration facility has the same meaning as in section 257 of the Maritime Transport Act 1994

    Maritime New Zealand means the authority continued by section 429 of the Maritime Transport Act 1994

    master in relation to any ship, has the same meaning as in section 2(1) of the Maritime Transport Act 1994

    mineral has the same meaning as in section 2(1) of the Crown Minerals Act 1991

    mining has the same meaning as in the Crown Minerals Act 1991

    Minister means the Minister for the Environment

    Minister of Aquaculture means the Minister who, under the authority of any warrant or under the authority of the Prime Minister, has overall responsibility for aquaculture

    Minister of Fisheries has the same meaning as Minister in the Fisheries Act 1996

    mouth, for the purpose of defining the landward boundary of the coastal marine area, means the mouth of the river either—

    • (a) as agreed and set between the Minister of Conservation, the regional council, and the appropriate territorial authority in the period between consultation on, and notification of, the proposed regional coastal plan; or

    • (b) as declared by the Environment Court under section 310 upon application made by the Minister of Conservation, the regional council, or the territorial authority prior to the plan becoming operative,—

    and once so agreed and set or declared shall not be changed in accordance with Schedule 1 or otherwise varied, altered, questioned, or reviewed in any way until the next review of the regional coastal plan, unless the Minister of Conservation, the regional council, and the appropriate territorial authority agree

    national environmental standard means a standard prescribed by regulations made under section 43

    national policy statement means a statement issued under section 52

    natural and physical resources includes land, water, air, soil, minerals, and energy, all forms of plants and animals (whether native to New Zealand or introduced), and all structures

    natural hazard means any atmospheric or earth or water related occurrence (including earthquake, tsunami, erosion, volcanic and geothermal activity, landslip, subsidence, sedimentation, wind, drought, fire, or flooding) the action of which adversely affects or may adversely affect human life, property, or other aspects of the environment

    network utility operator has the meaning set out in section 166

    New Zealand coastal policy statement means a statement issued under section 57

    noise includes vibration

    non-complying activity means an activity described in section 87A(5)

    notice of decision means—

    • (a) a copy of a decision on—

      • (i) an application for a resource consent; or

      • (ii) a requirement for a designation; or

      • (iii) a provision of a policy statement or plan; or

    • (b) a notice summarising a decision under paragraph (a)

    occupier means—

    • (a) the inhabitant occupier of any property; and

    • (b) [Repealed]

    • (c) for the purposes of section 16, in relation to any land (including any premises and any coastal marine area), includes any agent, employee, or other person acting or apparently acting in the general management or control of the land, or any plant or machinery on that land

    occupy means the activity of occupying any part of the coastal marine area—

    • (a) where the occupation is reasonably necessary for another activity; and

    • (b) where it is to the exclusion of all or any class of persons who are not expressly allowed to occupy that part of the coastal marine area by a rule in a regional coastal plan and in any relevant proposed regional coastal plan or by a resource consent; and

    • (c) for a period of time and in a way that, but for a rule in the regional coastal plan and in any relevant proposed regional coastal plan or the holding of a resource consent under this Act, a lease or licence to occupy that part of the coastal marine area would be necessary to give effect to the exclusion of other persons, whether in a physical or legal sense

    offshore installation has the same meaning as in section 222(1) of the Maritime Transport Act 1994

    oil transfer site has the same meaning as in section 281 of the Maritime Transport Act 1994

    on-scene commander has the same meaning as in section 281 of the Maritime Transport Act 1994

    open coastal water means coastal water that is remote from estuaries, fiords, inlets, harbours, and embayments

    operative has the meaning given in section 43AA

    owner,—

    • (a) in relation to any land, means the person who is for the time being entitled to the rack rent of the land or who would be so entitled if the land were let to a tenant at a rack rent; and includes—

      • (i) the owner of the fee simple of the land; and

      • (ii) any person who has agreed in writing, whether conditionally or unconditionally, to purchase the land or any leasehold estate or interest in the land, or to take a lease of the land, while the agreement remains in force; and

    • (b) in relation to any ship or offshore installation or oil transfer site, has the same meaning as in section 222(2) of the Maritime Transport Act 1994

    permitted activity means an activity described in section 87A(1)

    person includes the Crown, a corporation sole, and also a body of persons, whether corporate or unincorporate

    plan has the meaning given in section 43AA

    planning document has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

    policy statement has the meaning given in section 43AA

    prescribed means prescribed by regulations made under this Act

    prescribed form means a form prescribed by regulations made under this Act and containing and having attached such information and documents as those regulations may require

    private road has the same meaning as in section 315 of the Local Government Act 1974

    private way has the same meaning as in section 315 of the Local Government Act 1974

    production land

    • (a) means any land and auxiliary buildings used for the production (but not processing) of primary products (including agricultural, pastoral, horticultural, and forestry products):

    • (b) does not include land or auxiliary buildings used or associated with prospecting, exploration, or mining for minerals,—

    and production has a corresponding meaning

    prohibited activity means an activity described in section 87A(6)

    proposed plan has the meaning given in section 43AAC

    proposed policy statement has the meaning given in section 43AA

    prospecting has the same meaning as in the Crown Minerals Act 1991

    protected customary right has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

    protected customary rights area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

    protected customary rights group has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

    protected customary rights order has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

    public authority,—

    • (b) in section 36B and the definition of joint management agreement, means—

      • (i) a local authority; and

      • (ii) a statutory body; and

      • (iii) the Crown

    public notice

    • (a) means a notice published in a newspaper circulating in the entire area likely to be affected by the proposal to which the notice relates; and

    • (b) if a local authority also publishes a notice on an Internet site to which the public have free access, includes that notice

    public work has the same meaning as in the Public Works Act 1981, and includes any existing or proposed public reserve within the meaning of the Reserves Act 1977 and any national park purposes under the National Parks Act 1980

    raft means any moored floating platform which is not self-propelled; and includes platforms that provide buoyancy support for the surfaces on which fish or marine vegetation are cultivated or for any cage or other device used to contain or restrain fish or marine vegetation; but does not include booms situated on lakes subject to artificial control which have been installed to ensure the safe operation of electricity generating facilities

    region, in relation to a regional council, means the region of the regional council as determined in accordance with the Local Government Act 2002

    regional coastal plan has the meaning given in section 43AA

    regional council

    • (a) has the same meaning as in section 5 of the Local Government Act 2002; and

    • (b) includes a unitary authority within the meaning of that Act

    regional plan has the meaning given in section 43AA

    regional policy statement has the meaning given in section 43AA

    regional rule has the meaning given in section 43AAB

    regulations means regulations made under this Act

    renewable energy means energy produced from solar, wind, hydro, geothermal, biomass, tidal, wave, and ocean current sources

    requiring authority has the meaning set out in section 166

    reservation has the same meaning as in section 2(1) of the Fisheries Act 1996

    resource consent has the meaning set out in section 87; and includes all conditions to which the consent is subject

    restricted coastal activity means any discretionary activity or non-complying activity that, in accordance with section 68, is stated by a regional coastal plan to be a restricted coastal activity

    restricted discretionary activity means an activity described in section 87A(3)

    river means a continually or intermittently flowing body of fresh water; and includes a stream and modified watercourse; but does not include any artificial watercourse (including an irrigation canal, water supply race, canal for the supply of water for electricity power generation, and farm drainage canal)

    RMA permission right means the right provided for a customary marine title group by sections 66 and 68 of the Marine and Coastal Area (Takutai Moana) Act 2011

    road has the same meaning as in section 315 of the Local Government Act 1974; and includes a motorway as defined in section 2(1) of the Government Roading Powers Act 1989

    rule has the meaning given in section 43AA

    seaweed has the same meaning as in section 2(1) of the Fisheries Act 1996

    serve means serve in accordance with section 352 or section 353

    ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994

    soil conservation means avoiding, remedying, or mitigating soil erosion and maintaining the physical, chemical, and biological qualities of soil

    space, in relation to the coastal marine area, means any part of the foreshore, seabed, and coastal water, and the airspace above the water

    special tribunal means a special tribunal appointed under section 202 to hear an application for a water conservation order

    State highway has the same meaning as in section 2(1) of the Government Roading Powers Act 1989

    structure means any building, equipment, device, or other facility made by people and which is fixed to land; and includes any raft

    subdivision consent has the meaning set out in section 87(b)

    subdivision of land and subdivide land have the meanings set out in section 218

    submission means a written or electronic submission

    survey plan has the meaning set out in the following paragraphs, in which cadastral survey dataset has the same meaning as in section 4 of the Cadastral Survey Act 2002:

    • (a) survey plan means—

      • (i) a cadastral survey dataset of subdivision of land, or a building or part of a building, prepared in a form suitable for deposit under the Land Transfer Act 1952; and

      • (ii) a cadastral survey dataset of a subdivision by or on behalf of a Minister of the Crown of land not subject to the Land Transfer Act 1952:

    • (b) survey plan includes—

      • (i) a unit plan; and

      • (ii) a cadastral survey dataset to give effect to the grant of a cross lease or company lease

    tangata whenua, in relation to a particular area, means the iwi, or hapu, that holds mana whenua over that area

    taonga raranga means plants which produce material highly prized for use in weaving

    tauranga waka means canoe landing sites

    territorial authority means a territorial authority within the meaning of the Local Government Act 2002

    territorial sea means the territorial sea of New Zealand as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

    tikanga Maori means Maori customary values and practices

    Treaty of Waitangi (Te Tiriti o Waitangi) has the same meaning as the word Treaty as defined in section 2 of the Treaty of Waitangi Act 1975

    unit has the same meaning as in section 5(1) of the Unit Titles Act 2010; and includes a future development unit (also defined in section 5(1) of the Unit Titles Act 2010)

    unit plan has the same meaning as in section 5(1) of the Unit Titles Act 2010

    use,—

    • (a) in sections 9, 10, 10A, 10B, 81(2), 176(1)(b)(i), and 193(a), means—

      • (i) alter, demolish, erect, extend, place, reconstruct, remove, or use a structure or part of a structure in, on, under, or over land:

      • (ii) drill, excavate, or tunnel land or disturb land in a similar way:

      • (iii) damage, destroy, or disturb the habitats of plants or animals in, on, or under land:

      • (iv) deposit a substance in, on, or under land:

      • (v) any other use of land; and

    variation has the meaning given in section 43AA

    waste or other matter means materials and substances of any kind, form, or description

    water

    • (a) means water in all its physical forms whether flowing or not and whether over or under the ground:

    • (b) includes fresh water, coastal water, and geothermal water:

    • (c) does not include water in any form while in any pipe, tank, or cistern

    water body means fresh water or geothermal water in a river, lake, stream, pond, wetland, or aquifer, or any part thereof, that is not located within the coastal marine area

    water conservation order has the meaning set out in section 200

    water permit has the meaning set out in section 87(d)

    wetland includes permanently or intermittently wet areas, shallow water, and land water margins that support a natural ecosystem of plants and animals that are adapted to wet conditions

    working day means any day except—

    • (a) a Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and

    • (b) a day in the period beginning on 20 December in any year and ending with 10 January in the following year.

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

    • (a) a reference to a Part, section, or schedule, is a reference to a Part, section, or schedule of this Act:

    • (b) a reference in a section to a subsection is a reference to a subsection of that section:

    • (c) a reference in a subsection to a paragraph is a reference to a paragraph of that subsection:

    • (d) a reference in a section to a paragraph is a reference to a paragraph of that section:

    • (e) a reference in a schedule to a clause is a reference to a clause of that schedule:

    • (f) a reference in a clause of a schedule to a subclause is a reference to a subclause of that clause:

    • (g) a reference in a subclause in a schedule to a paragraph is a reference to a paragraph of that subclause:

    • (h) a reference in a clause in a schedule to a paragraph is a reference to a paragraph of that clause.

    Section 2(1) access rights: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) access strip: inserted, on 7 July 1993, by section 2(1) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 2(1) accommodated activity: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) accredited: inserted, on 10 August 2005, by section 4(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 2(1) adverse effects assessment: inserted, on 25 November 2004, by section 3(1) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).

    Section 2(1) adverse effects report: inserted, on 25 November 2004, by section 3(1) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).

    Section 2(1) agent or agent of the ship: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).

    Section 2(1) agreement: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) aircraft: inserted, on 7 July 1993, by section 2(1) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 2(1) airport: inserted, on 7 July 1993, by section 2(1) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 2(1) amendment: repealed, on 1 October 2009, by section 4(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) applicant: replaced, on 1 October 2009, by section 4(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) aquaculture activities: replaced, on 1 January 2005, by section 4(2) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

    Section 2(1) aquaculture activities paragraph (a): amended, on 1 October 2011, by section 4(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

    Section 2(1) aquaculture activities paragraph (c): amended, on 1 October 2011, by section 4(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

    Section 2(1) aquaculture activities paragraph (d): inserted, on 1 October 2011, by section 4(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

    Section 2(1) aquaculture management area: repealed, on 1 October 2011, by section 4(3) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

    Section 2(1) aquatic life: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

    Section 2(1) bed: replaced, on 7 July 1993, by section 2(3) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 2(1) benefits and costs: inserted, on 7 July 1993, by section 2(3) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 2(1) biological diversity: inserted, on 1 August 2003, by section 3(1) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 2(1) board: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) board of inquiry: repealed, on 1 October 2009, by section 4(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) certificate of compliance: amended, on 1 October 2009, by section 4(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) change: replaced, on 1 October 2009, by section 4(6) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) climate change: inserted, on 2 March 2004, by section 4 of the Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2).

    Section 2(1) coastal marine area: amended, on 7 July 1993, by section 2(6) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 2(1) commercial fishing: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

    Section 2(1) common marine and coastal area: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) company lease: amended, on 1 July 1994, by section 4 of the Land Transfer Amendment Act 1993 (1993 No 124).

    Section 2(1) consent authority: replaced, on 7 July 1993, by section 2(7) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 2(1) consent authority: amended, on 1 October 2009, by section 4(7) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) constable: replaced, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

    Section 2(1) contaminant: amended, on 1 August 2003, by section 3(3) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 2(1) contaminated land: replaced, on 1 October 2009, by section 4(8) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) controlled activity: replaced, on 1 August 2003, by section 3(4) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 2(1) controlled activity: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) costs and benefits: repealed, on 7 July 1993, by section 2(9) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 2(1) Crown organisation: inserted, on 1 October 2009, by section 4(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) customary marine title area: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) customary marine title group: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) customary marine title order: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) customary rights order: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) declaration: repealed, on 1 October 2009, by section 4(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) determination: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

    Section 2(1) Director of Maritime New Zealand or Director: replaced, on 1 July 2005, by section 11(3) of the Maritime Transport Amendment Act 2004 (2004 No 98).

    Section 2(1) discretionary activity: replaced, on 1 August 2003, by section 3(5) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 2(1) discretionary activity: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) district: replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

    Section 2(1) district plan: replaced, on 1 October 2009, by section 4(9) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) district rule: replaced, on 1 October 2009, by section 4(10) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) dumping: replaced, on 17 December 1997, by section 2(9) of the Resource Management Amendment Act 1997 (1997 No 104).

    Section 2(1) employee: inserted, on 1 October 2009, by section 4(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) Environment Court and court: inserted, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

    Section 2(1) Environmental Protection Authority or EPA: replaced, on 1 July 2011, by section 4 of the Resource Management Amendment Act 2011 (2011 No 19).

    Section 2(1) esplanade reserve: replaced, on 7 July 1993, by section 2(11) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 2(1) esplanade strip: inserted, on 7 July 1993, by section 2(11) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 2(1) existing use certificate: inserted, on 10 August 2005, by section 4(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 2(1) exploration: inserted, on 26 November 1997, by section 4(2) of the Crown Minerals Amendment Act (No 2) 1997 (1997 No 91).

    Section 2(1) fish: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

    Section 2(1) fisheries resources: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

    Section 2(1) fishing: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

    Section 2(1) foreshore and seabed reserve: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) Government road: repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

    Section 2(1) greenhouse gas: inserted, on 2 March 2004, by section 4 of the Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2).

    Section 2(1) harmful substance: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).

    Section 2(1) harvestable spat: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

    Section 2(1) hazardous substance: inserted, on 2 July 2001, by section 149 of the Hazardous Substances and New Organisms Act 1996 (1996 No 30).

    Section 2(1) historic heritage: inserted, on 1 August 2003, by section 3(7) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 2(1) holder: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) incineration: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).

    Section 2(1) industrial or trade premises: amended, on 17 December 1997, by section 2(3) of the Resource Management Amendment Act 1997 (1997 No 104).

    Section 2(1) infrastructure: inserted, on 10 August 2005, by section 4(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 2(1) infrastructure paragraph (a): amended, on 1 October 2008, by section 17 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).

    Section 2(1) internal waters: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

    Section 2(1) joint management agreement: inserted, on 10 August 2005, by section 4(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 2(1) kaitiakitanga: replaced, on 17 December 1997, by section 2(4) of the Resource Management Amendment Act 1997 (1997 No 104).

    Section 2(1) lake: amended, on 7 July 1993, by section 2(12) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 2(1) land: replaced, on 1 October 2009, by section 4(11) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) management plan: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) marine and coastal area: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) marine farming: repealed, on 1 January 2005, by section 4(1) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

    Section 2(1) marine incineration facility: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).

    Section 2(1) Maritime New Zealand: replaced, on 1 July 2005, by section 11(3) of the Maritime Transport Amendment Act 2004 (2004 No 98).

    Section 2(1) master: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).

    Section 2(1) mineral: replaced, on 7 July 1993, by section 2(13) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 2(1) mining: inserted, on 26 November 1997, by section 4(2) of the Crown Minerals Amendment Act (No 2) 1997 (1997 No 91).

    Section 2(1) Minister of Aquaculture: inserted, on 1 October 2011, by section 4(4) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

    Section 2(1) Minister of Fisheries: inserted, on 1 October 2011, by section 4(4) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

    Section 2(1) mouth: amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

    Section 2(1) national environmental standard: inserted, on 10 August 2005, by section 4(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 2(1) non-complying activity: replaced, on 1 August 2003, by section 3(8) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 2(1) non-complying activity: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) notice of decision: inserted, on 1 August 2003, by section 3(8) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 2(1) occupier paragraph (b): repealed, on 1 July 2003, by section 138(1) of the Local Government (Rating) Act 2002 (2002 No 6).

    Section 2(1) occupy: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

    Section 2(1) offshore installation: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).

    Section 2(1) oil transfer site: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).

    Section 2(1) on-scene commander: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).

    Section 2(1) operative: replaced, on 1 October 2009, by section 4(12) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) owner: replaced, on 1 February 1995, by section 2(1) of the Resource Management Amendment Act 1994 (1994 No 105).

    Section 2(1) permitted activity: replaced, on 1 August 2003, by section 3(9) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 2(1) permitted activity: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) plan: replaced, on 1 October 2009, by section 4(13) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) planning document: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) Planning Tribunal and Tribunal: repealed, on 17 December 1997, by section 2(6) of the Resource Management Amendment Act 1997 (1997 No 104).

    Section 2(1) policy statement: replaced, on 1 October 2009, by section 4(14) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) production land paragraph (b): amended, on 17 December 1997, by section 2(7) of the Resource Management Amendment Act 1997 (1997 No 104).

    Section 2(1) prohibited activity: replaced, on 1 August 2003, by section 3(10) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 2(1) prohibited activity: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) proposed plan: replaced, on 1 October 2009, by section 4(15) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) proposed policy statement: inserted, on 1 October 2009, by section 4(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) prospecting: inserted, on 26 November 1997, by section 4(2) of the Crown Minerals Amendment Act (No 2) 1997 (1997 No 91).

    Section 2(1) protected customary right: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) protected customary rights area: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) protected customary rights group: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) protected customary rights order: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) public authority: inserted, on 10 August 2005, by section 4(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 2(1) public foreshore and seabed: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) public notice: replaced, on 1 October 2009, by section 4(16) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) raft: inserted, on 7 July 1993, by section 2(15) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 2(1) recognised customary activity: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) region: replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

    Section 2(1) regional coastal plan: replaced, on 1 October 2009, by section 4(17) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) regional council: replaced, on 25 November 2004, by section 3(2) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).

    Section 2(1) regional plan: replaced, on 1 October 2009, by section 4(18) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) regional policy statement: replaced, on 1 October 2009, by section 4(19) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) regional road: repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

    Section 2(1) regional rule: replaced, on 1 October 2009, by section 4(20) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) renewable energy: inserted, on 2 March 2004, by section 4 of the Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2).

    Section 2(1) reservation: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

    Section 2(1) restricted coastal activity: replaced, on 1 October 2009, by section 4(21) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) restricted discretionary activity: inserted, on 1 August 2003, by section 3(13) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 2(1) restricted discretionary activity: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) river: replaced, on 7 July 1993, by section 2(16) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 2(1) RMA permission right: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) road: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 2(1) road: amended, on 7 July 1993, by section 2(17) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 2(1) rule: replaced, on 1 October 2009, by section 4(22) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) seaweed: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

    Section 2(1) ship: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).

    Section 2(1) soil conservation: inserted, on 1 August 2003, by section 3(14) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 2(1) space: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

    Section 2(1) spat: repealed, on 1 January 2005, by section 4(1) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

    Section 2(1) spat catching: repealed, on 1 January 2005, by section 4(1) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

    Section 2(2) State highway: amended, on 1 August 2008 , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 2(1) structure: amended, on 7 July 1993, by section 2(18) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 2(1) submission: replaced, on 1 October 2009, by section 4(23) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) survey plan: replaced, on 1 October 2009, by section 4(24) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) taking: repealed, on 1 January 2005, by section 4(1) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

    Section 2(1) territorial authority: replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

    Section 2(1) territorial sea: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

    Section 2(1) unit: amended, on 20 June 2011, by section 233(1) of the Unit Titles Act 2010 (2010 No 22).

    Section 2(1) unit plan: replaced, on 20 June 2011, by section 233(1) of the Unit Titles Act 2010 (2010 No 22).

    Section 2(1) use: inserted, on 1 October 2009, by section 4(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) variation: replaced, on 1 October 2009, by section 4(25) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2(1) waste or other matter: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).

    Section 2(1) working day: replaced, on 1 August 2003, by section 3(15) of the Resource Management Amendment Act 2003 (2003 No 23).

2AA Definitions relating to notification
  • (1) The definitions in subsection (2) apply only in relation to—

    • (a) an application for a resource consent for an activity; or

    • (b) any of the following matters:

      • (i) a review of a resource consent:

      • (ii) an application to change or cancel a condition of a resource consent:

      • (iii) a notice of requirement for a designation or heritage order:

      • (iv) a notice of requirement to alter a designation or heritage order:

      • (v) an application or proposal to vary or cancel an instrument creating an esplanade strip:

      • (vi) a matter of creating an esplanade strip by agreement.

    (2) In this Act, unless the context requires another meaning,—

    affected person means a person who, under section 95E, is decided to be an affected person in relation to the application or matter

    limited notification means serving notice of the application or matter on any affected person within the time limit specified by section 95

    notification means public notification or limited notification of the application or matter

    public notification means doing the following within the time limit specified by section 95:

    • (a) giving public notice of the application or matter in the prescribed form; and

    • (b) serving notice of the application or matter on every prescribed person.

    Section 2AA: inserted, on 1 October 2009, by section 5 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 2AA(2) affected order holder: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2AA(2) limited notification: amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

2A Successors
  • (1) In this Act, unless the context otherwise requires, any reference to a person, however described or referred to (including applicant and consent holder), includes the successor of that person.

    (2) For the purposes of this Act, where the person is a body of persons which is unincorporate, the successor shall include a body of persons which is corporate and composed of substantially the same members.

    Section 2A: inserted, on 2 September 1996, by section 3 of the Resource Management Amendment Act 1996 (1996 No 160).

3 Meaning of effect
  • In this Act, unless the context otherwise requires, the term effect includes—

    • (a) any positive or adverse effect; and

    • (b) any temporary or permanent effect; and

    • (c) any past, present, or future effect; and

    • (d) any cumulative effect which arises over time or in combination with other effects—

    regardless of the scale, intensity, duration, or frequency of the effect, and also includes—

    • (e) any potential effect of high probability; and

    • (f) any potential effect of low probability which has a high potential impact.

    Section 3: amended, on 7 July 1993, by section 3 of the Resource Management Amendment Act 1993 (1993 No 65).

3A Person acting under resource consent with permission
  • Subject to section 134 and any specific conditions included in the resource consent, any reference in this Act to activities being allowed by a resource consent includes a reference to a person acting under a resource consent with the permission (including implied permission) of the consent holder as if the resource consent had been granted to that person as well as to the holder of the resource consent.

    Section 3A: inserted, on 7 July 1993, by section 4 of the Resource Management Amendment Act 1993 (1993 No 65).

4 Act to bind the Crown
  • (1) This Act binds the Crown, except as provided in this section.

    (2) This Act does not apply to any work or activity of the Crown which—

    • (a) is a use of land within the meaning of section 9; and

    • (b) the Minister of Defence certifies is necessary for reasons of national security.

    (3) Section 9(3) does not apply to any work or activity of the Crown within the boundaries of any area of land held or managed under the Conservation Act 1987 or any other Act specified in Schedule 1 of that Act (other than land held for administrative purposes) that—

    • (a) is consistent with a conservation management strategy, conservation management plan, or management plan established under the Conservation Act 1987 or any other Act specified in Schedule 1 of that Act; and

    • (b) does not have a significant adverse effect beyond the boundary of the area of land.

    (3A) Section 9 does not apply to the detention of prisoners in a court cell block that is declared by notice in the Gazette to be a part of a corrections prison.

    (4) [Repealed]

    (5) An abatement notice or excessive noise direction may be served or issued against an instrument of the Crown, in accordance with this Act, only if—

    • (a) it is a Crown organisation; and

    • (b) the notice or direction is served or issued against the Crown organisation in its own name.

    (6) An enforcement order may be made against an instrument of the Crown, in accordance with this Act, only if—

    • (a) it is a Crown organisation; and

    • (b) a local authority applies for the order; and

    • (c) the order is made against the Crown organisation in its own name.

    (7) Subsections (5) and (6) apply despite section 17(1)(a) of the Crown Proceedings Act 1950.

    (8) An instrument of the Crown may be served with an infringement notice, in accordance with this Act, only if—

    • (a) it is liable to be proceeded against for the alleged offence under subsection (9); and

    • (b) the notice is served against the Crown organisation in its own name.

    (9) An instrument of the Crown may be prosecuted for an offence against this Act only if—

    • (a) it is a Crown organisation; and

    • (b) the offence is alleged to have been committed by the Crown organisation; and

    • (c) the proceedings are commenced—

      • (i) by a local authority or an enforcement officer; and

      • (ii) against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and

    (10) However, subsections (8) and (9) are subject to section 8(4) of the Crown Organisations (Criminal Liability) Act 2002 (which provides that a court may not sentence a Crown organisation to pay a fine in respect of an offence against this Act).

    (11) If a Crown organisation is not a body corporate, it is to be treated as if it were a separate legal personality for the purposes of—

    • (a) serving or issuing an abatement notice or excessive noise direction against it; and

    • (b) making an enforcement order against it; and

    • (c) serving an infringement notice on it; and

    • (d) enforcing an abatement notice, excessive noise direction, enforcement order, or infringement notice in relation to it.

    (12) Except to the extent and in the manner provided for in subsections (5) to (11), the Crown may not—

    • (a) be served or issued with an abatement notice or excessive noise direction; or

    • (b) have an enforcement order made against it; or

    • (c) be served with an infringement notice; or

    • (d) be prosecuted for an offence against this Act.

    Section 4(1): replaced, on 1 October 2009, by section 6(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 4(3): replaced, on 7 July 1993, by section 5 of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 4(3): amended, on 1 October 2009, by section 6(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 4(3A): inserted, on 8 December 2009, by section 5 of the Corrections (Use of Court Cells) Amendment Act 2009 (2009 No 60).

    Section 4(4): repealed, on 7 July 1993, by section 5 of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 4(5): replaced, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 4(6): inserted, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 4(7): inserted, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 4(8): inserted, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 4(9): inserted, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 4(10): inserted, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 4(11): inserted, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 4(12): inserted, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

4A Application of this Act to ships and aircraft of foreign States
  • Except as otherwise expressly provided in any regulations made under this Act, this Act does not apply to any of the following:

    • (a) warships of any State other than New Zealand:

    • (b) aircraft of the defence forces of any State other than New Zealand:

    • (c) any ship owned or operated by any State other than New Zealand, if the ship is being used by that State for wholly governmental (but not including commercial) purposes:

    • (d) the master or crew of any warship, aircraft, or ship referred to in paragraphs (a) to (c).

    Section 4A: inserted, on 20 August 1998, by section 3 of the Resource Management Amendment Act 1994 (1994 No 105).

Part 2
Purpose and principles

5 Purpose
  • (1) The purpose of this Act is to promote the sustainable management of natural and physical resources.

    (2) In this Act, sustainable management means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural well-being and for their health and safety while—

    • (a) sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and

    • (b) safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and

    • (c) avoiding, remedying, or mitigating any adverse effects of activities on the environment.

6 Matters of national importance
  • In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance:

    • (a) the preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development:

    • (b) the protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development:

    • (c) the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna:

    • (d) the maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers:

    • (e) the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga:

    • (f) the protection of historic heritage from inappropriate subdivision, use, and development:

    • (g) the protection of protected customary rights.

    Section 6(f): inserted, on 1 August 2003, by section 4 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 6(g): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

7 Other matters
  • In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to—

    • (a) kaitiakitanga:

    • (aa) the ethic of stewardship:

    • (b) the efficient use and development of natural and physical resources:

    • (ba) the efficiency of the end use of energy:

    • (c) the maintenance and enhancement of amenity values:

    • (d) intrinsic values of ecosystems:

    • (e) [Repealed]

    • (f) maintenance and enhancement of the quality of the environment:

    • (g) any finite characteristics of natural and physical resources:

    • (h) the protection of the habitat of trout and salmon:

    • (i) the effects of climate change:

    • (j) the benefits to be derived from the use and development of renewable energy.

    Section 7(aa): inserted, on 17 December 1997, by section 3 of the Resource Management Amendment Act 1997 (1997 No 104).

    Section 7(ba): inserted, on 2 March 2004, by section 5(1) of the Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2).

    Section 7(e): repealed, on 1 August 2003, by section 5 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 7(i): inserted, on 2 March 2004, by section 5(2) of the Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2).

    Section 7(j): inserted, on 2 March 2004, by section 5(2) of the Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2).

8 Treaty of Waitangi
  • In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).

Part 3
Duties and restrictions under this Act

Land

9 Restrictions on use of land
  • (1) No person may use land in a manner that contravenes a national environmental standard unless the use—

    • (a) is expressly allowed by a resource consent; or

    (2) No person may use land in a manner that contravenes a regional rule unless the use—

    • (a) is expressly allowed by a resource consent; or

    (3) No person may use land in a manner that contravenes a district rule unless the use—

    • (a) is expressly allowed by a resource consent; or

    (4) No person may contravene section 176, 178, 193, or 194 unless the person obtains the prior written consent of the requiring authority or the heritage protection authority.

    (5) This section applies to overflying by aircraft only to the extent to which noise emission controls for airports have been prescribed by a national environmental standard or set by a territorial authority.

    (6) This section does not apply to use of the coastal marine area.

    Section 9: replaced, on 1 October 2009, by section 7 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

10 Certain existing uses in relation to land protected
  • (1) Land may be used in a manner that contravenes a rule in a district plan or proposed district plan if—

    • (a) either—

      • (i) the use was lawfully established before the rule became operative or the proposed plan was notified; and

      • (ii) the effects of the use are the same or similar in character, intensity, and scale to those which existed before the rule became operative or the proposed plan was notified:

    • (b) or—

      • (i) the use was lawfully established by way of a designation; and

      • (ii) the effects of the use are the same or similar in character, intensity, and scale to those which existed before the designation was removed.

    (2) Subject to sections 357 to 358, this section does not apply when a use of land that contravenes a rule in a district plan or a proposed district plan has been discontinued for a continuous period of more than 12 months after the rule in the plan became operative or the proposed plan was notified unless—

    • (a) an application has been made to the territorial authority within 2 years of the activity first being discontinued; and

    • (b) the territorial authority has granted an extension upon being satisfied that—

      • (i) the effect of the extension will not be contrary to the objectives and policies of the district plan; and

      • (ii) the applicant has obtained approval from every person who may be adversely affected by the granting of the extension, unless in the authority's opinion it is unreasonable in all the circumstances to require the obtaining of every such approval.

    (3) This section does not apply if reconstruction or alteration of, or extension to, any building to which this section applies increases the degree to which the building fails to comply with any rule in a district plan or proposed district plan.

    (4) For the avoidance of doubt, this section does not apply to any use of land that is—

    • (a) controlled under section 30(1)(c) (regional control of certain land uses); or

    • (b) restricted under section 12 (coastal marine area); or

    • (c) restricted under section 13 (certain river and lake bed controls).

    (5) Nothing in this section limits section 20A (certain existing lawful activities allowed).

    (6) [Repealed]

    Section 10(1): replaced, on 7 July 1993, by section 7(1) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 10(2): amended, on 10 August 2005, by section 5 of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 10(2)(b)(i): amended, on 7 July 1993, by section 7(2) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 10(3): amended, on 7 July 1993, by section 7(3) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 10(5): amended, on 1 August 2003, by section 95 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 10(6): repealed, on 1 October 2009, by section 8 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

10A Certain existing activities allowed
  • (1) In respect of the use of the surface of water in lakes and rivers where, as a result of a rule in a district plan becoming operative, or a rule in a proposed district plan taking legal effect in accordance with section 86B or 149N(8), an activity that formerly was a permitted activity or that otherwise could have been lawfully carried out without a resource consent requires consent, the activity may continue to be carried on after the rule in the plan becomes operative, or the rule in the proposed plan takes legal effect in accordance with section 86B or 149N(8), if—

    • (a) the activity was lawfully established before the rule in the plan became operative or the rule in the proposed plan took legal effect in accordance with section 86B or 149N(8); and

    • (b) the effects of the activity are the same or similar in character, intensity, and scale to those which existed before the rule in the plan became operative or the rule in the proposed plan took legal effect in accordance with section 86B or 149N(8); and

    • (c) the person carrying on the activity applies for a resource consent from the appropriate consent authority within 6 months of the rule in the plan becoming operative.

    (2) Any activity to which this section applies, and for which a resource consent has been applied for in accordance with subsection (1)(c), may continue to be carried on until the application has been decided and any appeals have been determined.

    Section 10A: inserted, on 7 July 1993, by section 8 of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 10A(1): amended, on 1 October 2009, by section 9(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 10A(1): amended, on 1 October 2009, by section 9(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 10A(1): amended, on 1 October 2009, by section 9(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 10A(1): amended, on 1 October 2009, by section 9(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 10A(1)(a): amended, on 1 October 2009, by section 9(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 10A(1)(b): amended, on 1 October 2009, by section 9(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

10B Certain existing building works allowed
  • (1) Land may be used in a manner that contravenes a rule in a district plan or proposed district plan if the use of land is a building work or intended use of a building (as defined in section 7 of the Building Act 2004) which is deemed to be lawfully established in accordance with subsection (2).

    (2) Subject to subsection (3), the building work or intended use of the building shall be deemed to be lawfully established if—

    • (a) a building consent was issued and any amendments were incorporated in the building consent in accordance with the Building Act 2004 for the building work or intended use of the building before the rule in a district plan or proposed district plan took legal effect in accordance with section 86B or 149N(8); and

    • (b) the building work or intended use of the building, as stated on the building consent, would not, at the time the building consent was issued and any amendments were incorporated, have contravened a rule in a district plan or proposed district plan or otherwise could have been carried out without a resource consent.

    (3) Subsection (2) shall not apply if—

    • (a) the building consent is amended (after the rule in the district plan or proposed plan has taken legal effect in accordance with section 86B or 149N(8)) in such a way that the effects of the building work or intended use of a building will no longer be the same or similar in character, intensity, and scale as before the amendment; or

    • (b) the building consent has lapsed or is cancelled, but the issuing under the Building Act 2004 of a code compliance certificate in respect of the building work shall not, for the purposes of this section, be deemed to have cancelled the building consent for that work; or

    • (c) a code compliance certificate for the building work has not been issued in accordance with the Building Act 2004 within 2 years after the rule in the district plan or proposed district plan took legal effect in accordance with section 86B or 149N(8) or within such further period as the territorial authority may allow upon being satisfied that reasonable progress has been made towards completion of the building work within that 2-year period.

    (4) Section 10(4) and (5) apply to this section.

    Section 10B: inserted, on 2 September 1996, by section 4 of the Resource Management Amendment Act 1996 (1996 No 160).

    Section 10B(1): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

    Section 10B(2)(a): amended, on 1 October 2009, by section 10(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 10B(2)(a): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

    Section 10B(3)(a): amended, on 1 October 2009, by section 10(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 10B(3)(b): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

    Section 10B(3)(c): amended, on 1 October 2009, by section 10(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 10B(3)(c): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

    Section 10B(4): replaced, on 1 October 2009, by section 10(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

11 Restrictions on subdivision of land
  • (1) No person may subdivide land, within the meaning of section 218, unless the subdivision is—

    • (a) both, first, expressly allowed by a national environmental standard, a rule in a district plan as well as a rule in a proposed district plan for the same district (if there is one), or a resource consent and, second, shown on one of the following:

      • (i) a survey plan, as defined in paragraph (a)(i) of the definition of survey plan in section 2(1), deposited under Part 10 by the Registrar-General of Land; or

      • (ii) a survey plan, as defined in paragraph (a)(ii) of the definition of survey plan in section 2(1), approved as described in section 228 by the Chief Surveyor; or

      • (iii) a survey plan, as defined in paragraph (b) of the definition of survey plan in section 2(1), deposited under Part 10 by the Registrar-General of Land; or

    • (b) effected by the acquisition, taking, transfer, or disposal of part of an allotment under the Public Works Act 1981 (except that, in the case of the disposition of land under the Public Works Act 1981, each existing separate parcel of land shall, unless otherwise provided by that Act, be disposed of without further division of that parcel of land); or

    • (c) effected by the establishment, change, or cancellation of a reserve under section 338 of Te Ture Whenua Maori Act 1993; or

    • (cb) effected by any vesting in or transfer or gift of any land to the Crown or any local authority or administering body (as defined in section 2 of the Reserves Act 1977) for the purposes (other than administrative purposes) of the Conservation Act 1987 or any other Act specified in Schedule 1 of that Act; or

    • (d) effected by any transfer, exchange, or other disposition of land made by an order under subpart 3 of Part 6 of the Property Law Act 2007 (which relates to the granting of access to landlocked land).

    (2) Subsection (1) does not apply in respect of Maori land within the meaning of Te Ture Whenua Maori Act 1993 unless that Act otherwise provides.

    Section 11(1)(a): replaced, on 1 October 2009, by section 11 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 11(1)(c): amended, on 7 July 1993, by section 9(2) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 11(1)(c): amended, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

    Section 11(1)(ca): inserted, on 7 July 1993, by section 9(3) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 11(1)(cb): inserted, on 7 July 1993, by section 9(3) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 11(1)(cc): inserted, on 7 July 1993, by section 9(3) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 11(1)(d): amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).

    Section 11(2): amended, on 7 July 1993, by section 9(4) of the Resource Management Amendment Act 1993 (1993 No 65).

Coastal marine area

12 Restrictions on use of coastal marine area
  • (1) No person may, in the coastal marine area,—

    • (a) reclaim or drain any foreshore or seabed; or

    • (b) erect, reconstruct, place, alter, extend, remove, or demolish any structure or any part of a structure that is fixed in, on, under, or over any foreshore or seabed; or

    • (c) disturb any foreshore or seabed (including by excavating, drilling, or tunnelling) in a manner that has or is likely to have an adverse effect on the foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal); or

    • (d) deposit in, on, or under any foreshore or seabed any substance in a manner that has or is likely to have an adverse effect on the foreshore or seabed; or

    • (e) destroy, damage, or disturb any foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on plants or animals or their habitat; or

    • (f) introduce or plant any exotic or introduced plant in, on, or under the foreshore or seabed; or

    • (g) destroy, damage, or disturb any foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on historic heritage—

    unless expressly allowed by a national environmental standard, a rule in a regional coastal plan as well as a rule in a proposed regional coastal plan for the same region (if there is one), or a resource consent.

    (2) No person may, unless expressly allowed by a national environmental standard, a rule in a regional coastal plan or in any proposed regional coastal plan for the same region, or a resource consent,—

    • (a) occupy any part of the common marine and coastal area; or

    • (b) remove any sand, shingle, shell, or other natural material from that area.

    (3) Without limiting subsection (1), no person may carry out any activity—

    • (a) in, on, under, or over any coastal marine area; or

    • (b) in relation to any natural and physical resources contained within any coastal marine area,—

    in a manner that contravenes a national environmental standard, a rule in a regional coastal plan, or a rule in a proposed regional coastal plan for the same region (if there is one) unless the activity is expressly allowed by a resource consent or allowed by section 20A (certain existing lawful activities allowed).

    (4) In this Act,—

    • (a) [Repealed]

    • (b) remove any sand, shingle, shell, or other natural material means to take any of that material in such quantities or in such circumstances that, but for the national environmental standard or the rule in the regional coastal plan or the holding of a resource consent, a licence or profit à prendre to do so would be necessary.

    (5) This section applies to overflying by aircraft only to the extent to which noise emission controls for airports within the coastal marine area have been prescribed by a national environmental standard or set by a regional council.

    (6) This section shall not apply to anything to which section 15A or 15B applies.

    Section 12(1): amended, on 1 October 2009, by section 12(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 12(1): amended, on 7 July 1993, by section 10(1)(a) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 12(1): amended, on 7 July 1993, by section 10(1)(b) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 12(1)(f): amended, on 1 August 2003, by section 6 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 12(1)(g): inserted, on 1 August 2003, by section 6 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 12(2): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 12(3): amended, on 1 October 2009, by section 12(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 12(3): amended, on 1 August 2003, by section 95 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 12(4): amended, on 17 December 1997, by section 4(2) of the Resource Management Amendment Act 1997 (1997 No 104).

    Section 12(4): amended, on 7 July 1993, by section 10(3) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 12(4)(a): repealed, on 1 January 2005, by section 5 of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

    Section 12(4)(b): amended, on 1 October 2009, by section 12(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 12(4)(b): amended, on 7 July 1993, by section 10(5) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 12(5): replaced, on 1 October 2009, by section 12(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 12(6): inserted, on 20 August 1998, by section 4 of the Resource Management Amendment Act 1994 (1994 No 105).

    Section 12(6): amended, on 20 August 1998, by section 4(4) of the Resource Management Amendment Act 1997 (1997 No 104).

12A Restrictions on aquaculture activities in coastal marine area and on other activities in aquaculture management areas
  • [Repealed]

    Section 12A: repealed, on 1 October 2011, by section 5 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

12B Continuation of coastal permit for aquaculture activities if aquaculture management area ceases to exist
  • [Repealed]

    Section 12B: repealed, on 1 October 2011, by section 6 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

River and lake beds

13 Restriction on certain uses of beds of lakes and rivers
  • (1) No person may, in relation to the bed of any lake or river,—

    • (a) use, erect, reconstruct, place, alter, extend, remove, or demolish any structure or part of any structure in, on, under, or over the bed; or

    • (b) excavate, drill, tunnel, or otherwise disturb the bed; or

    • (c) introduce or plant any plant or any part of any plant (whether exotic or indigenous) in, on, or under the bed; or

    • (d) deposit any substance in, on, or under the bed; or

    • (e) reclaim or drain the bed—

    unless expressly allowed by a national environmental standard, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), or a resource consent.

    (2) No person may do an activity described in subsection (2A) in a manner that contravenes a national environmental standard or a regional rule unless the activity—

    • (a) is expressly allowed by a resource consent; or

    (2A) The activities are—

    • (a) to enter onto or pass across the bed of a lake or river:

    • (b) to damage, destroy, disturb, or remove a plant or a part of a plant, whether exotic or indigenous, in, on, or under the bed of a lake or river:

    • (c) to damage, destroy, disturb, or remove the habitats of plants or parts of plants, whether exotic or indigenous, in, on, or under the bed of a lake or river:

    • (d) to damage, destroy, disturb, or remove the habitats of animals in, on, or under the bed of a lake or river.

    (3) This section does not apply to any use of land in the coastal marine area.

    (4) Nothing in this section limits section 9.

    Section 13 heading: amended, on 7 July 1993, by section 11 of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 13(1): replaced, on 7 July 1993, by section 11 of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 13(1): amended, on 1 October 2009, by section 13(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 13(2): replaced, on 1 October 2009, by section 13(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 13(2A): inserted, on 1 October 2009, by section 13(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Water

14 Restrictions relating to water
  • (1) No person may take, use, dam, or divert any open coastal water, or take or use any heat or energy from any open coastal water, in a manner that contravenes a national environmental standard or a regional rule unless the activity—

    • (a) is expressly allowed by a resource consent; or

    (2) No person may take, use, dam, or divert any of the following, unless the taking, using, damming, or diverting is allowed by subsection (3):

    • (a) water other than open coastal water; or

    • (b) heat or energy from water other than open coastal water; or

    • (c) heat or energy from the material surrounding geothermal water.

    (3) A person is not prohibited by subsection (2) from taking, using, damming, or diverting any water, heat, or energy if—

    • (a) the taking, using, damming, or diverting is expressly allowed by a national environmental standard, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), or a resource consent; or

    • (b) in the case of fresh water, the water, heat, or energy is required to be taken or used for—

      • (i) an individual's reasonable domestic needs; or

      • (ii) the reasonable needs of an individual's animals for drinking water,—

      and the taking or use does not, or is not likely to, have an adverse effect on the environment; or

    • (c) in the case of geothermal water, the water, heat, or energy is taken or used in accordance with tikanga Maori for the communal benefit of the tangata whenua of the area and does not have an adverse effect on the environment; or

    • (d) in the case of coastal water (other than open coastal water), the water, heat, or energy is required for an individual's reasonable domestic or recreational needs and the taking, use, or diversion does not, or is not likely to, have an adverse effect on the environment; or

    • (e) the water is required to be taken or used for firefighting purposes.

    Section 14(1): replaced, on 1 October 2009, by section 14(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 14(2): replaced, on 1 October 2009, by section 14(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 14(3): amended, on 1 October 2009, by section 14(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 14(3)(a): amended, on 1 October 2009, by section 14(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Discharges

15 Discharge of contaminants into environment
  • (1) No person may discharge any—

    • (a) contaminant or water into water; or

    • (b) contaminant onto or into land in circumstances which may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering water; or

    • (c) contaminant from any industrial or trade premises into air; or

    • (d) contaminant from any industrial or trade premises onto or into land—

    unless the discharge is expressly allowed by a national environmental standard or other regulations, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), or a resource consent.

    (2) No person may discharge a contaminant into the air, or into or onto land, from a place or any other source, whether moveable or not, in a manner that contravenes a national environmental standard unless the discharge—

    • (a) is expressly allowed by other regulations; or

    • (b) is expressly allowed by a resource consent; or

    (2A) No person may discharge a contaminant into the air, or into or onto land, from a place or any other source, whether moveable or not, in a manner that contravenes a regional rule unless the discharge—

    • (a) is expressly allowed by a national environmental standard or other regulations; or

    • (b) is expressly allowed by a resource consent; or

    (3) This section shall not apply to anything to which section 15A or section 15B applies.

    Section 15(1): amended, on 1 October 2009, by section 15(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 15(2): replaced, on 1 October 2009, by section 15(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 15(2A): inserted, on 1 October 2009, by section 15(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 15(3): inserted, on 20 August 1998, by section 5 of the Resource Management Amendment Act 1994 (1994 No 105).

15A Restrictions on dumping and incineration of waste or other matter in coastal marine area
  • (1) No person may, in the coastal marine area,—

    • (a) dump any waste or other matter from any ship, aircraft, or offshore installation; or

    • (b) incinerate any waste or other matter in any marine incineration facility—

    unless the dumping or incineration is expressly allowed by a resource consent.

    (2) No person may dump, in the coastal marine area, any ship, aircraft, or offshore installation unless expressly allowed to do so by a resource consent.

    (3) Nothing in this section permits the dumping of radioactive waste or radioactive matter (to which section 15C applies) or any discharge of a harmful substance that would contravene section 15B.

    Section 15A: inserted, on 20 August 1998, by section 6 of the Resource Management Amendment Act 1994 (1994 No 105).

15B Discharge of harmful substances from ships or offshore installations
  • (1) No person may, in the coastal marine area, discharge a harmful substance or contaminant, from a ship or offshore installation into water, onto or into land, or into air, unless—

    • (a) the discharge is permitted or controlled by regulations made under this Act, a rule in a regional coastal plan, proposed regional coastal plan, regional plan, proposed regional plan, or a resource consent; or

    • (b) after reasonable mixing, the harmful substance or contaminant discharged (either by itself or in combination with any other discharge) is not likely to give rise to all or any of the following effects in the receiving waters:

      • (i) the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials:

      • (ii) any conspicuous change of colour or visual clarity:

      • (iii) any emission of objectionable odour:

      • (iv) any significant adverse effects on aquatic life; or

    • (c) the harmful substance or contaminant, when discharged into air, is not likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have a significant adverse effect on the environment.

    (2) No person may, in the coastal marine area, discharge water into water from any ship or offshore installation, unless—

    • (a) the discharge is permitted or controlled by regulations made under this Act, a rule in a regional coastal plan, proposed regional coastal plan, regional plan, proposed regional plan, or a resource consent; or

    • (b) after reasonable mixing, the water discharged is not likely to give rise to any significant adverse effects on aquatic life.

    (3) Where regulations are made under this Act permitting or controlling a discharge to which subsections (1) or (2) apply, no rule can be included in a regional coastal plan, proposed regional coastal plan, regional plan, or proposed regional plan, or a resource consent granted relating to that discharge unless the regulations provide otherwise; and regulations may be made prohibiting the making of rules or the granting of resource consents for discharges.

    (4) No person may discharge a harmful substance or contaminant in reliance upon subsection (1)(b) or (c) or subsection (2)(b) if a regulation made under this Act, a rule, or a resource consent applies to that discharge; and regulations or rules may be made prohibiting a discharge which would otherwise be permitted in accordance with subsection (1)(b) or (c) or subsection (2)(b).

    (5) A discharge authorised by subsection (1) or subsection (2), regulations made under this Act, a rule, or a resource consent may, despite section 7 of the Biosecurity Act 1993, be prohibited or controlled by that Act to exclude, eradicate, or effectively manage pests or unwanted organisms.

    Section 15B: replaced, on 20 August 1998, by section 6 of the Resource Management Amendment Act 1997 (1997 No 104).

15C Prohibitions in relation to radioactive waste or other radioactive matter and other waste in coastal marine area
  • (1) Notwithstanding anything to the contrary in this Act, no person may, in the coastal marine area,—

    • (a) dump from any ship, aircraft, or offshore installation any radioactive waste or other radioactive matter; or

    • (b) store any radioactive waste or other radioactive matter or toxic or hazardous waste on or in any land or water.

    (2) In this section,—

    radioactive waste or other radioactive matter has the same meaning as in section 257 of the Maritime Transport Act 1994

    toxic or hazardous waste means any waste or other matter prescribed as toxic or hazardous waste by regulations.

    Section 15C: inserted, on 20 August 1998, by section 6 of the Resource Management Amendment Act 1994 (1994 No 105).

Noise

16 Duty to avoid unreasonable noise
  • (1) Every occupier of land (including any premises and any coastal marine area), and every person carrying out an activity in, on, or under a water body or the coastal marine area, shall adopt the best practicable option to ensure that the emission of noise from that land or water does not exceed a reasonable level.

    (2) A national environmental standard, plan, or resource consent made or granted for the purposes of any of sections 9, 12, 13, 14, 15, 15A, and 15B may prescribe noise emission standards, and is not limited in its ability to do so by subsection (1).

    Section 16(1): amended, on 7 July 1993, by section 14 of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 16(2): replaced, on 1 October 2009, by section 16 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Adverse effects

17 Duty to avoid, remedy, or mitigate adverse effects
  • (1) Every person has a duty to avoid, remedy, or mitigate any adverse effect on the environment arising from an activity carried on by or on behalf of the person, whether or not the activity is carried on in accordance with—

    • (b) a national environmental standard, a rule, a resource consent, or a designation.

    (2) The duty referred to in subsection (1) is not of itself enforceable against any person, and no person is liable to any other person for a breach of that duty.

    (3) Notwithstanding subsection (2), an enforcement order or abatement notice may be made or served under Part 12 to—

    • (a) require a person to cease, or prohibit a person from commencing, anything that, in the opinion of the Environment Court or an enforcement officer, is or is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have an adverse effect on the environment; or

    • (b) require a person to do something that, in the opinion of the Environment Court or an enforcement officer, is necessary in order to avoid, remedy, or mitigate any actual or likely adverse effect on the environment caused by, or on behalf of, that person.

    (4) Subsection (3) is subject to section 319(2) (which specifies when an Environment Court shall not make an enforcement order).

    Section 17(1): replaced, on 1 October 2009, by section 17 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 17(3)(a): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

    Section 17(3)(b): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

    Section 17(4): inserted, on 7 July 1993, by section 15(2) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 17(4): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

Recognised customary activities

[Repealed]

  • Heading: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

17A Recognised customary activity may be exercised in accordance with any controls
  • [Repealed]

    Section 17A: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

17B Adverse effects assessment
  • [Repealed]

    Section 17B: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Emergencies

18 Possible defence in cases of unforeseen emergencies
  • (1) Any person who is prosecuted under section 338 for an offence arising from any contravention of any of sections 9, 11, 12, 13, 14, 15, 15A, and 15B may raise any applicable defence that is referred to in section 341 or section 341A or section 341B.

    (2) No person may be prosecuted for acting in accordance with section 330 (which relates to certain activities undertaken in an emergency).

    Section 18(1): replaced, on 20 August 1998, by section 8 of the Resource Management Amendment Act 1994 (1994 No 105).

Effect of certain changes to plans

[Repealed]

  • Heading: repealed, on 1 October 2009, by section 18 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

19 Certain rules in proposed plans to be operative
  • [Repealed]

    Section 19: repealed, on 1 October 2009, by section 18 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

20 Certain rules in proposed plans not to have effect
  • [Repealed]

    Section 20: repealed, on 1 October 2009, by section 18 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Certain existing lawful activities allowed

  • Heading: inserted, on 1 October 2009, by section 19 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

20A Certain existing lawful activities allowed
  • (1) If, as a result of a rule in a proposed regional plan taking legal effect in accordance with section 86B or 149N(8), an activity requires a resource consent, the activity may continue until the rule becomes operative if,—

    • (a) before the rule took legal effect in accordance with section 86B or 149N(8), the activity—

      • (i) was a permitted activity or otherwise could have been lawfully carried on without a resource consent; and

      • (ii) was lawfully established; and

    • (b) the effects of the activity are the same or similar in character, intensity, and scale to the effects that existed before the rule took legal effect in accordance with section 86B or 149N(8); and

    • (c) the activity has not been discontinued for a continuous period of more than 6 months (or a longer period fixed by a rule in the proposed regional plan in any particular case or class of case by the regional council that is responsible for the proposed plan) since the rule took legal effect in accordance with section 86B or 149N(8).

    (2) If, as a result of a rule in a regional plan becoming operative, an activity requires a resource consent, the activity may continue after the rule becomes operative if,—

    • (a) before the rule became operative, the activity—

      • (i) was a permitted activity or allowed to continue under subsection (1) or otherwise could have been lawfully carried on without a resource consent; and

      • (ii) was lawfully established; and

    • (b) the effects of the activity are the same or similar in character, intensity, and scale to the effects that existed before the rule became operative; and

    • (c) the person carrying on the activity has applied for a resource consent from the appropriate consent authority within 6 months after the date the rule became operative and the application has not been decided or any appeals have not been determined.

    Section 20A: replaced, on 1 August 2003, by section 8 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 20A(1): amended, on 1 October 2009, by section 20(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 20A(1)(a): amended, on 1 October 2009, by section 20(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 20A(1)(b): amended, on 1 October 2009, by section 20(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 20A(1)(c): amended, on 1 October 2009, by section 20(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Miscellaneous provisions

21 Avoiding unreasonable delay
  • Every person who exercises or carries out functions, powers, or duties, or is required to do anything, under this Act for which no time limits are prescribed shall do so as promptly as is reasonable in the circumstances.

22 Duty to give certain information
  • (1) This section applies when an enforcement officer has reasonable grounds to believe that a person (person A) is breaching or has breached any of the obligations under this Part.

    (2) The enforcement officer may direct person A to give the officer the following information:

    • (a) if person A is a natural person, his or her full name, address, and date of birth:

    • (b) if person A is not a natural person, person A's full name and address.

    (3) The enforcement officer may also direct person A to give the officer the following information about a person (person B) on whose behalf person A is breaching or has breached the obligations under this Part:

    • (a) if person B is a natural person, his or her full name, address, and date of birth:

    • (b) if person B is not a natural person, person B's full name and address.

    Section 22: replaced, on 1 October 2009, by section 21 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

23 Other legal requirements not affected
  • (1) Compliance with this Act does not remove the need to comply with all other applicable Acts, regulations, bylaws, and rules of law.

    (2) The duties and restrictions described in this Part shall only be enforceable against any person through the provisions of this Act; and no person shall be liable to any other person for a breach of any such duty or restriction except in accordance with the provisions of this Act.

    (3) Nothing in subsection (2) limits or affects any right of action which any person may have independently of the provisions of this Act.

Part 4
Functions, powers, and duties of central and local government

Functions, powers, and duties of Ministers

24 Functions of Minister for the Environment
  • The Minister for the Environment shall have the following functions under this Act:

    • (a) the recommendation of the issue of national policy statements under section 52:

    • (b) the recommendation of the making of national environmental standards:

    • (c) to decide whether to intervene in a matter, or to make a direction for a matter that is or is part of a proposal of national significance, under Part 6AA:

    • (d) the recommendation of the approval of an applicant as a requiring authority under section 167 or a heritage protection authority under section 188:

    • (e) the recommendation of the issue of water conservation orders under section 214:

    • (f) the monitoring of the effect and implementation of this Act (including any regulations in force under it), national policy statements, and water conservation orders:

    • (g) the monitoring of the relationship between the functions, powers, and duties of central government and local government under this Part:

    • (ga) the monitoring and investigation, in such manner as the Minister thinks fit, of any matter of environmental significance:

    • (h) the consideration and investigation of the use of economic instruments (including charges, levies, other fiscal measures, and incentives) to achieve the purpose of this Act:

    • (i) any other functions specified in this Act.

    Section 24(b): amended, on 10 August 2005, by section 6(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 24(c): replaced, on 1 October 2009, by section 22 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 24(g): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 24(ga): inserted, on 7 July 1993, by section 17 of the Resource Management Amendment Act 1993 (1993 No 65).

24A Power of Minister for the Environment to investigate and make recommendations
  • The Minister for the Environment may—

    • (a) investigate the exercise or performance by a local authority of any of its functions, powers, or duties under this Act or regulations under this Act; and

    • (b) make recommendations to the local authority on its exercise or performance of those functions, powers, or duties; and

    • (c) investigate the failure or omission by a local authority to exercise or perform any of its functions, powers, or duties under this Act or regulations under this Act; and

    • (d) make recommendations to the local authority on its failure or omission to exercise or perform those functions, powers, or duties; and

    • (e) take action under section 25 or section 25A if the local authority's failure or omission to act on a recommendation gives the Minister grounds to take action under one or both of those sections.

    Section 24A: inserted, on 10 August 2005, by section 7 of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 24A(a): amended, on 1 October 2009, by section 23 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 24A(c): amended, on 1 October 2009, by section 23 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

25 Residual powers of Minister for the Environment
  • (1) Where any local authority is not exercising or performing any of its functions, powers, or duties under this Act to the extent that the Minister for the Environment considers necessary to achieve the purpose of this Act, the Minister may appoint, on such terms and conditions as the Minister thinks fit, 1 or more persons (including any officer of the public service) to exercise or perform all or any of those functions, powers, or duties in place of the local authority.

    (2) The Minister shall not make an appointment under subsection (1) until—

    • (a) the local authority has been given written notice specifying the reasons why the Minister proposes to make the appointment; and

    • (b) the local authority has a reasonable opportunity to satisfy the Minister that it has not failed to exercise or perform any of its functions, powers, or duties to the extent necessary to achieve the purpose of this Act, and having not succeeded in so satisfying the Minister, has failed to take proper steps within a time specified in the notice (being not less than 20 working days after the date of the notice) to remedy the defaults complained of.

    (3) Any person appointed under subsection (1) to exercise or perform the functions, powers, or duties of a local authority under this Act may do so as if the person were the local authority, and the provisions of this Act shall apply accordingly.

    (4) All costs, charges, and expenses incurred by the Minister for the purposes of this section, or by a person appointed by the Minister under this section in exercising or performing functions, powers, or duties of a local authority, shall be recoverable from the local authority as a debt due to the Crown or may be deducted from any money payable to the local authority by the Crown.

25A Minister may direct preparation of plan, change, or variation
  • (1) The Minister for the Environment—

    • (a) may direct a regional council—

      • (i) to prepare a regional plan that addresses a resource management issue relating to a function in section 30; or

      • (ii) to prepare a change to its regional plan that addresses the issue; or

      • (iii) to prepare a variation to its proposed regional plan that addresses the issue; and

    • (b) may direct the council, in preparing the plan, change, or variation, to deal with the whole or a specified part of the council's region; and

    • (c) must, in giving a direction, specify a reasonable period within which the plan, change, or variation must be notified.

    (2) The Minister—

    • (a) may direct a territorial authority—

      • (i) to prepare a change to its district plan that addresses a resource management issue relating to a function in section 31; or

      • (ii) to prepare a variation to its proposed district plan that addresses the issue; and

    • (b) must, in giving a direction, specify a reasonable period within which the change or variation must be notified.

    Section 25A: inserted, on 10 August 2005, by section 8 of the Resource Management Amendment Act 2005 (2005 No 87).

25B Ministers may direct commencement of review
  • (1) The Minister may direct a regional council to commence a review of the whole or any part of its regional plan (except its regional coastal plan) and, if he or she does so, must specify a reasonable period within which the review must commence.

    (2) The Minister of Conservation may direct a regional council to commence a review of the whole or any part of its regional coastal plan and, if he or she does so, must specify a reasonable period within which the review must commence.

    (3) The Minister may direct a territorial authority to commence a review of the whole or any part of its district plan and, if he or she does so, must specify a reasonable period within which the review must commence.

    (4) For the purposes of subsections (1) to (3), section 79(5) to (9) apply to the review with any necessary modification.

    Section 25B: inserted, on 1 October 2009, by section 24 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

26 Minister may make grants and loans
  • (1) The Minister for the Environment may make grants and loans on such conditions as he or she thinks fit to any person to assist in achieving the purpose of this Act.

    (2) All money spent or advanced by the Minister under this section shall be paid out of money appropriated by Parliament for the purpose.

    (3) All money received by the Minister under this Act shall be paid into a Crown Bank Account or such other account as may be approved by the Minister of Finance.

    Section 26(3): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

27 Minister may require local authorities to supply information
  • (1) The Minister for the Environment may require the bodies described in subsection (2) to supply the information described in subsection (3).

    (2) The bodies are—

    • (a) a local authority; and

    • (b) a network utility operator approved as a requiring authority; and

    • (c) a body corporate approved as a heritage protection authority.

    (3) The information is information to which all the following apply:

    • (a) it is about the body's exercise of any of its functions, powers, or duties under this Act; and

    • (b) it is held by the body; and

    • (c) it may reasonably be required by the Minister.

    (4) The Minister must require the information in a notice that—

    • (a) is in writing; and

    • (b) is dated.

    (5) The body—

    • (a) must supply the Minister with the information within—

      • (i) 20 working days of the date of the notice; or

      • (ii) a longer time set by the Minister; and

    • (b) must not charge the Minister for the supply.

    Section 27: replaced, on 10 August 2005, by section 9 of the Resource Management Amendment Act 2005 (2005 No 87).

28 Functions of Minister of Conservation
  • The Minister of Conservation shall have the following functions under this Act:

    • (a) the preparation and recommendation of New Zealand coastal policy statements under section 57:

    • (b) the approval of regional coastal plans in accordance with Schedule 1:

    • (c) [Repealed]

    • (d) the monitoring of the effect and implementation of New Zealand coastal policy statements and coastal permits for restricted coastal activities:

    • (e) [Repealed]

    • (f) any other functions specified in this Act.

    Section 28(c): repealed, on 1 October 2009, by section 25(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 28(d): replaced, on 7 July 1993, by section 19(1) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 28(d): amended, on 1 October 2009, by section 25(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 28(e): repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 28(f): inserted, on 1 October 2011, by section 7 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

28A Regional council must supply information to Minister of Conservation
  • (1) The Minister of Conservation may, if it is reasonable to do so, require a regional council to supply information about the regional council's monitoring of—

    • (a) a coastal permit relating to its region; or

    • (b) its regional coastal plan; or

    • (c) the exercise of a protected customary right in its region.

    (2) The Minister of Conservation must request the required information by giving a written and dated notice to the regional council.

    (3) The council must supply the information to the Minister of Conservation within—

    • (a) 20 working days of the date of the notice; or

    • (b) a longer time set by the Minister of Conservation.

    (4) The council must not charge for supplying the information.

    Section 28A: replaced, on 1 October 2009, by section 26 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 28A(1)(c): amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

28B Functions of Minister of Aquaculture
  • The Minister of Aquaculture has the following functions under this Act:

    • (a) suspending the receipt of applications for coastal permits authorising aquaculture activities to be undertaken in the coastal marine area under section 165ZD:

    • (b) making a direction to process and hear together applications for coastal permits authorising aquaculture activities to be undertaken in the coastal marine area under section 165ZFA:

    • (c) recommending the making of regulations under sections 360A to 360C that amend regional coastal plans in relation to aquaculture activities in the coastal marine area.

    Section 28B: inserted, on 1 October 2011, by section 8 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

29 Delegation of functions by Ministers
  • (1) Any Minister of the Crown may, either generally or particularly, delegate to the chief executive of that Minister's department in accordance with section 28 of the State Sector Act 1988, any of that Minister's functions, powers, or duties under this Act other than the following:

    • (a) certifying any work or activity under section 4:

    • (b) appointing persons to exercise powers or perform functions or duties in place of a local authority under section 25:

    • (c) recommending the making of a national environmental standard under section 44:

    • (d) recommending the approval, change, or revocation of a national policy statement or a New Zealand coastal policy statement under section 52, 53, or 57:

    • (e) the following functions, powers, and duties under Part 6AA:

      • (i) deciding whether to make a direction under section 142(2) or 147(1) in relation to a matter that is or is part of a proposal of national significance:

      • (iii) extending the time by which a board of inquiry must produce a final report on a matter for which a direction has been made under section 142(2) or 147(1)(a)

      • (iv) deciding whether to intervene in a matter under section 149ZA:

    • (f) recommending the making of an Order in Council under section 150C:

    • (g) recommending the making of an Order in Council under section 165O:

    • (ga) [Repealed]

    • (h) approving an applicant as a requiring authority under section 167:

    • (i) approving an applicant as a heritage protection authority under section 188:

    • (j) recommending the issue or amendment of a water conservation order under section 214 or 216:

    • (k) recommending the appointment of an Environment Judge or alternate Environment Judge under section 250:

    • (l) recommending the appointment of the Principal Environment Judge under section 251:

    • (m) recommending the appointment of an Environment Commissioner or Deputy Environment Commissioner under section 254:

    • (n) recommending the making of regulations under section 360:

    • (o) approving a regional coastal plan under clause 19 of Schedule 1:

    • (p) [Repealed]

    • (q) this power of delegation.

    (2) A chief executive may, in accordance with section 41 of the State Sector Act 1988, subdelegate any function, power, or duty delegated to him or her by a Minister under section 28 of that Act.

    (3) Any delegation or subdelegation made under this section may be revoked in accordance with section 29 or section 42 of the State Sector Act 1988, as the case may be.

    (4) The Minister may, in writing, delegate to the Environmental Protection Authority his or her functions, powers, and duties under section 24(f), Part 6AA, and sections 357B to 357D except the following:

    • (a) deciding whether to make a direction under section 142(2) or 147(1) in relation to a matter that is or is part of a proposal of national significance:

    • (c) extending the time by which a board of inquiry must produce a final report on a matter for which a direction has been made under section 142(2) or 147(1)(a):

    • (d) deciding whether to intervene in a matter under section 149ZA:

    (5) A delegation under subsection (4)—

    • (a) is revocable at will, but the revocation does not take effect until it is communicated in writing to the EPA; and

    • (b) does not prevent the Minister from performing the functions or duties, or exercising the powers, concerned.

    Section 29(1)(a): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 29(1)(b): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 29(1)(c): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 29(1)(d): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 29(1)(e): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 29(1)(f): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 29(1)(g): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 29(1)(ga): repealed, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 29(1)(h): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 29(1)(i): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 29(1)(j): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 29(1)(k): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 29(1)(l): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 29(1)(m): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 29(1)(n): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 29(1)(o): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 29(1)(p): repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 29(1)(q): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 29(4): inserted, on 1 October 2009, by section 27(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 29(4): amended, on 1 July 2011, by section 5 of the Resource Management Amendment Act 2011 (2011 No 19).

    Section 29(5): inserted, on 1 October 2009, by section 27(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

29A Restriction on Ministerial direction
  • The Minister may not give a direction under section 103 of the Crown Entities Act 2004 that relates to the exercise of the EPA's functions under section 42C(c).

    Section 29A: inserted, on 1 July 2011, by section 6 of the Resource Management Amendment Act 2011 (2011 No 19).

Functions, powers, and duties of local authorities

30 Functions of regional councils under this Act
  • (1) Every regional council shall have the following functions for the purpose of giving effect to this Act in its region:

    • (a) the establishment, implementation, and review of objectives, policies, and methods to achieve integrated management of the natural and physical resources of the region:

    • (b) the preparation of objectives and policies in relation to any actual or potential effects of the use, development, or protection of land which are of regional significance:

    • (c) the control of the use of land for the purpose of—

      • (i) soil conservation:

      • (ii) the maintenance and enhancement of the quality of water in water bodies and coastal water:

      • (iii) the maintenance of the quantity of water in water bodies and coastal water:

      • (iiia) the maintenance and enhancement of ecosystems in water bodies and coastal water:

      • (iv) the avoidance or mitigation of natural hazards:

      • (v) the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances:

    • (ca) the investigation of land for the purposes of identifying and monitoring contaminated land:

    • (d) in respect of any coastal marine area in the region, the control (in conjunction with the Minister of Conservation) of—

      • (i) land and associated natural and physical resources:

      • (ii) the occupation of space in, and the extraction of sand, shingle, shell, or other natural material from, the coastal marine area, to the extent that it is within the common marine and coastal area:

      • (iii) the taking, use, damming, and diversion of water:

      • (iv) discharges of contaminants into or onto land, air, or water and discharges of water into water:

      • (iva) the dumping and incineration of waste or other matter and the dumping of ships, aircraft, and offshore installations:

      • (v) any actual or potential effects of the use, development, or protection of land, including the avoidance or mitigation of natural hazards and the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances:

      • (vi) the emission of noise and the mitigation of the effects of noise:

      • (vii) activities in relation to the surface of water:

    • (e) the control of the taking, use, damming, and diversion of water, and the control of the quantity, level, and flow of water in any water body, including—

      • (i) the setting of any maximum or minimum levels or flows of water:

      • (ii) the control of the range, or rate of change, of levels or flows of water:

      • (iii) the control of the taking or use of geothermal energy:

    • (f) the control of discharges of contaminants into or onto land, air, or water and discharges of water into water:

    • (fa) if appropriate, the establishment of rules in a regional plan to allocate any of the following:

      • (i) the taking or use of water (other than open coastal water):

      • (ii) the taking or use of heat or energy from water (other than open coastal water):

      • (iii) the taking or use of heat or energy from the material surrounding geothermal water:

      • (iv) the capacity of air or water to assimilate a discharge of a contaminant:

    • (fb) if appropriate, and in conjunction with the Minister of Conservation,—

      • (i) the establishment of rules in a regional coastal plan to allocate the taking or use of heat or energy from open coastal water:

      • (ii) the establishment of a rule in a regional coastal plan to allocate space in a coastal marine area under Part 7A:

    • (g) in relation to any bed of a water body, the control of the introduction or planting of any plant in, on, or under that land, for the purpose of—

      • (i) soil conservation:

      • (ii) the maintenance and enhancement of the quality of water in that water body:

      • (iii) the maintenance of the quantity of water in that water body:

      • (iv) the avoidance or mitigation of natural hazards:

    • (ga) the establishment, implementation, and review of objectives, policies, and methods for maintaining indigenous biological diversity:

    • (gb) the strategic integration of infrastructure with land use through objectives, policies, and methods:

    • (h) any other functions specified in this Act.

    (2) A regional council and the Minister of Conservation must not perform the functions specified in subsection (1)(d)(i), (ii), and (vii) to control the taking, allocation or enhancement of fisheries resources for the purpose of managing fishing or fisheries resources controlled under the Fisheries Act 1996.

    (3) However, a regional council and the Minister of Conservation may perform the functions specified in subsection (1)(d) to control aquaculture activities for the purpose of avoiding, remedying, or mitigating the effects of aquaculture activities on fishing and fisheries resources.

    (4) A rule to allocate a natural resource established by a regional council in a plan under subsection (1)(fa) or (fb) may allocate the resource in any way, subject to the following:

    • (a) the rule may not, during the term of an existing resource consent, allocate the amount of a resource that has already been allocated to the consent; and

    • (c) the rule may allocate the resource in anticipation of the expiry of existing consents; and

    • (d) in allocating the resource in anticipation of the expiry of existing consents, the rule may—

      • (i) allocate all of the resource used for an activity to the same type of activity; or

      • (ii) allocate some of the resource used for an activity to the same type of activity and the rest of the resource to any other type of activity or no type of activity; and

    • (e) the rule may allocate the resource among competing types of activities; and

    • (f) the rule may allocate water, or heat or energy from water, as long as the allocation does not affect the activities authorised by section 14(3)(b) to (e).

    Section 30 heading: amended, on 20 August 1998, by section 9 of the Resource Management Amendment Act 1994 (1994 No 105).

    Section 30(1)(c)(iiia): inserted, on 1 August 2003, by section 9(1) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 30(1)(ca): inserted, on 10 August 2005, by section 11(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 30(1)(d)(ii): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 30(1)(d)(iva): inserted, on 20 August 1998, by section 9 of the Resource Management Amendment Act 1994 (1994 No 105).

    Section 30(1)(fa): inserted, on 10 August 2005, by section 11(2) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 30(1)(fb): inserted, on 10 August 2005, by section 11(2) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 30(1)(ga): inserted, on 1 August 2003, by section 9(2) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 30(1)(gb): inserted, on 10 August 2005, by section 11(3) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 30(2): replaced, on 1 October 2011, by section 9 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

    Section 30(3): replaced, on 1 October 2011, by section 9 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

    Section 30(4): inserted, on 10 August 2005, by section 11(4) of the Resource Management Amendment Act 2005 (2005 No 87).

31 Functions of territorial authorities under this Act
  • (1) Every territorial authority shall have the following functions for the purpose of giving effect to this Act in its district:

    • (a) the establishment, implementation, and review of objectives, policies, and methods to achieve integrated management of the effects of the use, development, or protection of land and associated natural and physical resources of the district:

    • (b) the control of any actual or potential effects of the use, development, or protection of land, including for the purpose of—

      • (i) the avoidance or mitigation of natural hazards; and

      • (ii) the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances; and

      • (iia) the prevention or mitigation of any adverse effects of the development, subdivision, or use of contaminated land:

      • (iii) the maintenance of indigenous biological diversity:

    • (c) [Repealed]

    • (d) the control of the emission of noise and the mitigation of the effects of noise:

    • (e) the control of any actual or potential effects of activities in relation to the surface of water in rivers and lakes:

    • (f) any other functions specified in this Act.

    (2) The methods used to carry out any functions under subsection (1) may include the control of subdivision.

    Section 31 heading: amended, on 7 July 1993, by section 22 of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 31(1)(b): replaced, on 1 August 2003, by section 10(1) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 31(1)(b)(iia): inserted, on 10 August 2005, by section 12 of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 31(1)(c): repealed, on 1 August 2003, by section 10(1) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 31(2): inserted, on 1 August 2003, by section 10(2) of the Resource Management Amendment Act 2003 (2003 No 23).

31A Minister of Conservation to have certain powers of local authority
  • (1) The Minister of Conservation—

    • (a) has, in respect of the coastal marine areas of the Kermadec Islands, the Snares Islands, the Bounty Islands, the Antipodes Islands, the Auckland Islands, Campbell Island, and the islands adjacent to Campbell Island, the responsibilities, duties, and powers that a regional council would have under section 30(1)(d) if those coastal marine areas were within the region of that regional council; and

    • (b) may exercise, in respect of the islands specified in paragraph (a),—

      • (i) the responsibilities, duties, and powers that a regional council would have under this Act if those islands were within the region of that regional council; and

      • (ii) the responsibilities, duties, and powers that a territorial authority would have under this Act if those islands were within the district of that territorial authority.

    (2) The responsibilities, duties, and powers conferred on the Minister of Conservation by subsection (1)(b) are in addition to the powers conferred on that Minister by subsection (1)(a).

    (3) The responsibilities, duties, and powers conferred on the Minister of Conservation by this section are in addition to the responsibilities, duties, and powers conferred on that Minister by this Act.

    Section 31A: inserted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

    Section 31A(1)(b)(i): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

32 Consideration of alternatives, benefits, and costs
  • (1) In achieving the purpose of this Act, before a proposed plan, proposed policy statement, change, or variation is publicly notified, a national policy statement or New Zealand coastal policy statement is notified under section 48, or a regulation is made, an evaluation must be carried out by—

    • (a) the Minister, for a national environmental standard or a national policy statement; or

    • (b) the Minister of Conservation, for the New Zealand coastal policy statement; or

    • (ba) the Minister of Aquaculture, for regulations made under section 360A; or

    • (c) the local authority, for a policy statement or a plan (except for plan changes that have been requested and the request accepted under clause 25(2)(b) of Schedule 1); or

    • (d) the person who made the request, for plan changes that have been requested and the request accepted under clause 25(2)(b) of Schedule 1.

    (2) A further evaluation must also be made by—

    • (b) the relevant Minister before issuing a national policy statement or New Zealand coastal policy statement.

    (3) An evaluation must examine—

    • (a) the extent to which each objective is the most appropriate way to achieve the purpose of this Act; and

    • (b) whether, having regard to their efficiency and effectiveness, the policies, rules, or other methods are the most appropriate for achieving the objectives.

    (3A) This subsection applies to a rule that imposes a greater prohibition or restriction on an activity to which a national environmental standard applies than any prohibition or restriction in the standard. The evaluation of such a rule must examine whether the prohibition or restriction it imposes is justified in the circumstances of the region or district.

    (4) For the purposes of the examinations referred to in subsections (3) and (3A), an evaluation must take into account—

    • (a) the benefits and costs of policies, rules, or other methods; and

    • (b) the risk of acting or not acting if there is uncertain or insufficient information about the subject matter of the policies, rules, or other methods.

    (5) The person required to carry out an evaluation under subsection (1) must prepare a report summarising the evaluation and giving reasons for that evaluation.

    (6) The report must be available for public inspection at the same time as the document to which the report relates is publicly notified or the regulation is made.

    Section 32: replaced, on 1 August 2003, by section 11 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 32(1)(a): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 32(1)(ba): inserted, on 1 October 2011, by section 10 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

    Section 32(1)(c): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 32(1)(d): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 32(3A): inserted, on 10 August 2005, by section 13(2) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 32(4): amended, on 10 August 2005, by section 13(3) of the Resource Management Amendment Act 2005 (2005 No 87).

32A Failure to carry out evaluation
  • (1) A challenge to an objective, policy, rule, or other method on the ground that section 32 has not been complied with may be made only in a submission under Schedule 1 or a submission under section 49.

    (2) Subsection (1) does not preclude a person who is hearing a submission or an appeal on a proposed plan, proposed policy statement, change, or variation, or a submission on a national policy statement or New Zealand coastal policy statement, from taking into account the matters stated in section 32.

    Section 32A: inserted, on 1 August 2003, by section 11 of the Resource Management Amendment Act 2003 (2003 No 23).

33 Transfer of powers
  • (1) A local authority may transfer any 1 or more of its functions, powers, or duties under this Act, except this power of transfer, to another public authority in accordance with this section.

    (2) For the purposes of this section, public authority includes—

    • (a) a local authority; and

    • (b) an iwi authority; and

    • (c) [Repealed] 

    • (d) a government department; and

    • (e) a statutory authority; and

    • (f) a joint committee set up for the purposes of section 80; and

    • (g) a local board (within the meaning of section 4(1) of the Local Government (Auckland Council) Act 2009.

    (3) [Repealed]

    (4) A local authority shall not transfer any of its functions, powers, or duties under this section unless—

    • (a) it has used the special consultative procedure set out in section 83 of the Local Government Act 2002; and

    • (b) before using that special consultative procedure it serves notice on the Minister of its proposal to transfer the function, power, or duty; and

    • (c) both authorities agree that the transfer is desirable on all of the following grounds:

      • (i) the authority to which the transfer is made represents the appropriate community of interest relating to the exercise or performance of the function, power, or duty:

      • (ii) efficiency:

      • (iii) technical or special capability or expertise.

    (5) [Repealed]

    (6) A transfer of functions, powers, or duties under this section shall be made by agreement between the authorities concerned and on such terms and conditions as are agreed.

    (7) A public authority to which any function, power, or duty is transferred under this section may accept such transfer, unless expressly forbidden to do so by the terms of any Act by or under which it is constituted; and upon any such transfer, its functions, powers, and duties shall be deemed to be extended in such manner as may be necessary to enable it to undertake, exercise, and perform the function, power, or duty.

    (8) A local authority which has transferred any function, power, or duty under this section may change or revoke the transfer at any time by notice to the transferee.

    (9) A public authority to which any function, power, or duty has been transferred under this section, may relinquish the transfer in accordance with the transfer agreement.

    Section 33(1): replaced, on 1 August 2003, by section 12(1) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 33(2): replaced, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

    Section 33(2)(c): repealed, on 1 October 2011, by section 11 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

    Section 33(3): repealed, on 1 August 2003, by section 12(2) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 33(4)(a): replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

    Section 33(5): repealed, on 1 August 2003, by section 12(2) of the Resource Management Amendment Act 2003 (2003 No 23).

34 Delegation of functions, etc, by local authorities
  • (1) A local authority may delegate to any committee of the local authority established in accordance with the Local Government Act 2002 any of its functions, powers, or duties under this Act.

    (2) A territorial authority may delegate to any community board established in accordance with the Local Government Act 2002 any of its functions, powers, or duties under this Act in respect of any matter of significance to that community, other than the approval of a plan or any change to a plan.

    (3) Subsection (2) does not prevent a local authority delegating to a community board power to do anything before a final decision on the approval of a plan or any change to a plan.

    (3A) The Auckland Council may delegate to any local board any of its functions, powers, or duties under this Act in respect of any matter of local significance to that board, other than the approval of a plan or any change to a plan.

    (3B) Subsection (3A) does not prevent the Auckland Council delegating to a local board power to do anything before a final decision on the approval of a plan or any change to a plan.

    (4) [Repealed]

    (5) [Repealed]

    (6) [Repealed]

    (7) Any delegation under this section may be made on such terms and conditions as the local authority thinks fit, and may be revoked at any time by notice to the delegate.

    (8) Except as provided in the instrument of delegation, every person to whom any function, power, or duty has been delegated under this section may, without confirmation by the local authority, exercise or perform the function, power, or duty in like manner and with the same effect as the local authority could itself have exercised or performed it.

    (9) Every person authorised to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of proof to the contrary.

    (10) A delegation under this section does not affect the performance or exercise of any function, power, or duty by the local authority.

    (11) In subsections (3A) and (3B), Auckland Council and local board have the meanings given in section 4(1) of the Local Government (Auckland Council) Act 2009.

    Section 34(1): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

    Section 34(2): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

    Section 34(3): replaced, on 1 August 2003, by section 13 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 34(3A): inserted, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

    Section 34(3B): inserted, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

    Section 34(4): repealed, on 1 August 2003, by section 13 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 34(5): repealed, on 1 August 2003, by section 13 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 34(6): repealed, on 1 August 2003, by section 13 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 34(11): inserted, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

34A Delegation of powers and functions to employees and other persons
  • (1) A local authority may delegate to an employee, or hearings commissioner appointed by the local authority (who may or may not be a member of the local authority), any functions, powers, or duties under this Act except the following:

    • (a) the approval of a proposed policy statement or plan under clause 17 of Schedule 1:

    • (b) this power of delegation.

    (2) A local authority may delegate to any other person any functions, powers, or duties under this Act except the following:

    • (a) the powers in subsection (1)(a) and (b):

    • (b) the decision on an application for a resource consent:

    • (c) the making of a recommendation on a requirement for a designation.

    (3) [Repealed]

    (4) Section 34(7), (8), (9), and (10) applies to a delegation under this section.

    (5) Subsection (1) or subsection (2) does not prevent a local authority delegating to any person the power to do anything before a final decision on a matter referred to in those subsections.

    Section 34A: inserted, on 1 August 2003, by section 14 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 34A(1)(a): replaced, on 1 October 2009, by section 28 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 34A(3): repealed, on 10 August 2005, by section 14 of the Resource Management Amendment Act 2005 (2005 No 87).

35 Duty to gather information, monitor, and keep records
  • (1) Every local authority shall gather such information, and undertake or commission such research, as is necessary to carry out effectively its functions under this Act or regulations under this Act.

    (2) Every local authority shall monitor—

    • (a) the state of the whole or any part of the environment of its region or district to the extent that is appropriate to enable the local authority to effectively carry out its functions under this Act; and

    • (b) the efficiency and effectiveness of policies, rules, or other methods in its policy statement or its plan; and

    • (c) the exercise of any functions, powers, or duties delegated or transferred by it; and

    • (d) the exercise of the resource consents that have effect in its region or district, as the case may be; and

    • (e) in the case of a regional council, the exercise of a protected customary right in its region, including any controls imposed on the exercise of that right under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011—

    and take appropriate action (having regard to the methods available to it under this Act) where this is shown to be necessary.

    (2A) Every local authority must, at intervals of not more than 5 years, compile and make available to the public a review of the results of its monitoring under subsection (2)(b).

    (3) Every local authority shall keep reasonably available at its principal office, information which is relevant to the administration of policy statements and plans, the monitoring of resource consents, and current issues relating to the environment of the area, to enable the public—

    • (a) to be better informed of their duties and of the functions, powers, and duties of the local authority; and

    • (b) to participate effectively under this Act.

    (4) Every local authority shall keep reasonably available at each of the offices in its region or district such of the information referred to in subsection (3) as relates to that part of the region or district.

    (5) The information to be kept by a local authority under subsection (3) shall include—

    • (a) copies of its operative and any proposed policy statements and plans including all requirements for designations and heritage orders, and all operative and proposed changes to those policy statements and plans; and

    • (aa) copies of all material incorporated by reference in any plan or proposed plan under Part 3 of Schedule 1; and

    • (b) all its decisions relating to submissions on any proposed policy statements and plans which have not yet become operative; and

    • (c) in the case of a territorial authority, copies of every operative and proposed regional policy statement and regional plan for the region of which its district forms part; and

    • (d) in the case of a regional council, copies of every operative and proposed district plan for every territorial authority in its region; and

    • (e) in the case of a regional council, a copy of every Order in Council served on it under section 154(a); and

    • (f) copies of any national environmental standard or national policy statement or New Zealand coastal policy statement; and

    • (g) records of all applications for resource consents received by it; and

    • (gb) records of all resource consents granted within the local authority's region or district; and

    • (gc) records of the transfer of any resource consent; and

    • (h) [Repealed]

    • (i) a summary of all written complaints received by it during the preceding 5 years concerning alleged breaches of the Act or a plan, and information on how it dealt with each such complaint; and

    • (j) records of natural hazards to the extent that the local authority considers appropriate for the effective discharge of its functions; and

    • (ja) in the case of a territorial authority, the location and area of all esplanade reserves, esplanade strips, and access strips in the district; and

    • (jb) in the case of a regional council, records of every protected customary rights order or agreement relating to a part of the common marine and coastal area within its region; and

    • (k) any other information gathered under subsections (1) and (2).

    (6) In subsections (2)(e) and (5)(jb), regional council includes the Chatham Islands Council.

    Section 35(1): amended, on 1 October 2009, by section 29(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 35(2)(b): replaced, on 1 August 2003, by section 15(1) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 35(2)(d): amended, on 17 January 2005, by section 10(1) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).

    Section 35(2)(e): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 35(2A): inserted, on 1 August 2003, by section 15(2) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 35(5)(aa): inserted, on 10 August 2005, by section 15 of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 35(5)(f): amended, on 1 October 2009, by section 29(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 35(5)(g): replaced, on 1 August 2003, by section 15(3) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 35(5)(ga): inserted, on 1 August 2003, by section 15(3) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 35(5)(ga): amended, on 1 October 2009, by section 29(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 35(5)(gb): inserted, on 1 August 2003, by section 15(3) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 35(5)(gc): inserted, on 1 August 2003, by section 15(3) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 35(5)(h): repealed, on 1 October 2009, by section 29(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 35(5)(ja): inserted, on 7 July 1993, by section 24 of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 35(5)(jb): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 35(6): inserted, on 17 January 2005, by section 10(3) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).

35A Duty to keep records about iwi and hapu
  • (1) For the purposes of this Act or regulations under this Act, a local authority must keep and maintain, for each iwi and hapu within its region or district, a record of—

    • (a) the contact details of each iwi authority within the region or district and any groups within the region or district that represent hapu for the purposes of this Act or regulations under this Act; and

    • (b) the planning documents that are recognised by each iwi authority and lodged with the local authority; and

    • (c) any area of the region or district over which 1 or more iwi or hapu exercise kaitiakitanga.

    (2) For the purposes of subsection (1)(a) and (c),—

    • (a) the Crown must provide to each local authority information on—

      • (i) the iwi authorities within the region or district of that local authority and the areas over which 1 or more iwi exercise kaitiakitanga within that region or district; and

      • (ii) any groups that represent hapu for the purposes of this Act or regulations under this Act within the region or district of that local authority and the areas over which 1 or more hapu exercise kaitiakitanga within that region or district; and

      • (iii) the matters provided for in subparagraphs (i) and (ii) that the local authority has advised to the Crown; and

    • (b) the local authority must include in its records all the information provided to it by the Crown under paragraph (a).

    (3) In addition to any information provided by a local authority under subsection (2)(a)(iii), the local authority may also keep a record of information relevant to its region or district, as the case may be,—

    • (a) on iwi, obtained directly from the relevant iwi authority; and

    • (b) on hapu, obtained directly from the relevant group representing the hapu for the purposes of this Act or regulations under this Act.

    (4) In this section, the requirement under subsection (1) to keep and maintain a record does not apply in relation to hapu unless a hapu, through the group that represents it for the purposes of this Act or regulations under this Act, requests the Crown or the relevant local authority (or both) to include the required information for that hapu in the record.

    (5) If information recorded under subsection (1) conflicts with a provision of another enactment, advice given under the other enactment, or a determination made under the other enactment, as the case may be,—

    • (a) the provision of the other enactment prevails; or

    • (b) the advice given under the other enactment prevails; or

    • (c) the determination made under the other enactment prevails.

    (6) Information kept and maintained by a local authority under this section must not be used by the local authority except for the purposes of this Act or regulations under this Act.

    Section 35A: inserted, on 10 August 2005, by section 16 of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 35A(1): amended, on 1 October 2009, by section 30 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 35A(1)(a): amended, on 1 October 2009, by section 30 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 35A(2)(a)(ii): amended, on 1 October 2009, by section 30 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 35A(3)(b): amended, on 1 October 2009, by section 30 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 35A(4): amended, on 1 October 2009, by section 30 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 35A(6): amended, on 1 October 2009, by section 30 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

36 Administrative charges
  • (1) A local authority may from time to time, subject to subsection (2), fix charges of all or any of the following kinds:

    • (a) charges payable by applicants for the preparation or change of a policy statement or plan, for the carrying out by the local authority of its functions in relation to such applications:

    • (aa) charges payable by an applicant who makes a request under section 100A in relation to an application for a resource consent, even if 1 or more submitters also make a request, for the cost of the application being heard and decided in accordance with the request:

    • (ab) charges payable if 1 or more submitters make a request under section 100A in relation to an application for a resource consent, but the applicant does not also make a request, as follows:

      • (i) charges payable by the applicant for the amount that the local authority estimates it would cost for the application to be heard and decided if the request had not been made; and

      • (ii) charges payable by the submitters who made a request for equal shares of any amount by which the cost of the application being heard and decided in accordance with the request exceeds the amount payable by the applicant under subparagraph (i):

    • (ac) charges payable by a requiring authority or heritage protection authority who makes a request under section 100A in relation to a notice of requirement, even if 1 or more submitters also make a request, for the cost of the requirement being heard and decided or recommended on in accordance with the request:

    • (ad) charges payable if 1 or more submitters make a request under section 100A in relation to a notice of requirement, but the requiring authority or heritage protection authority does not also make a request, as follows:

      • (i) charges payable by the requiring authority or heritage protection authority for the amount that the local authority estimates it would cost for the requirement to be heard and decided or recommended on if the request had not been made; and

      • (ii) charges payable by the submitters who made a request for equal shares of any amount by which the cost of the requirement being heard and decided or recommended on in accordance with the request exceeds the amount payable by the authority under subparagraph (i):

    • (b) charges payable by applicants for resource consents, for the carrying out by the local authority of any 1 or more of its functions in relation to the receiving, processing, and granting of resource consents (including certificates of compliance and existing use certificates):

    • (c) charges payable by holders of resource consents, for the carrying out by the local authority of its functions in relation to the administration, monitoring, and supervision of resource consents (including certificates of compliance and existing use certificates), and for the carrying out of its resource management functions under section 35:

    • (ca) charges payable by persons seeking authorisations under Part 7A, for the carrying out by the local authority of its functions in relation to the allocation of authorisations (whether by tender or any other method), including its functions preliminary to the allocation of authorisations:

    • (cb) charges payable by holders of resource consents, for the carrying out by the local authority of any 1 or more of its functions in relation to reviewing consent conditions, if—

      • (i) the review is carried out at the request of the consent holder; or

    • (d) charges payable by requiring authorities and heritage protection authorities, for the carrying out by the local authority of any 1 or more of its functions in relation to designations and heritage orders:

    • (e) charges for providing information in respect of plans and resource consents, payable by the person requesting the information:

    • (f) charges for supply of documents, payable by the person requesting the document:

    • (g) any kind of charge authorised for the purposes of this section by regulations.

    Charges fixed under this subsection shall be either specific amounts or determined by reference to scales of charges or other formulae fixed by the local authority.

    (2) Charges may be fixed under subsection (1) only—

    • (a) in the manner set out in section 150 of the Local Government Act 2002; and

    • (b) after using the special consultative procedure set out in section 83 of the Local Government Act 2002; and

    • (c) in accordance with subsection (4).

    (3) Where a charge fixed in accordance with subsection (1) is, in any particular case, inadequate to enable a local authority to recover its actual and reasonable costs in respect of the matter concerned, the local authority may require the person who is liable to pay the charge, to also pay an additional charge to the local authority.

    (3A) A local authority must, upon request by any person liable to pay a charge under this section, provide an estimate of any additional charge likely to be imposed under subsection (3).

    (4) When fixing charges referred to in this section, a local authority shall have regard to the following criteria:

    • (a) the sole purpose of a charge is to recover the reasonable costs incurred by the local authority in respect of the activity to which the charge relates:

    • (b) a particular person or persons should only be required to pay a charge—

      • (i) to the extent that the benefit of the local authority's actions to which the charge relates is obtained by those persons as distinct from the community of the local authority as a whole; or

      • (ii) where the need for the local authority's actions to which the charge relates is occasioned by the actions of those persons; or

      • (iii) in a case where the charge is in respect of the local authority's monitoring functions under section 35(2)(a) (which relates to monitoring the state of the whole or part of the environment), to the extent that the monitoring relates to the likely effects on the environment of those persons' activities, or to the extent that the likely benefit to those persons of the monitoring exceeds the likely benefit of the monitoring to the community of the local authority as a whole,—

    and the local authority may fix different charges for different costs it incurs in the performance of its various functions, powers, and duties under this Act—

    • (c) in relation to different areas or different classes of applicant, consent holder, requiring authority, or heritage protection authority; or

    • (d) where any activity undertaken by the persons liable to pay any charge reduces the cost to the local authority of carrying out any of its functions, powers, and duties.

    (5) A local authority may, in any particular case and in its absolute discretion, remit the whole or any part of any charge of a kind referred to in this section which would otherwise be payable.

    (6) Sections 357B to 358 (which deal with rights of objection and appeal against certain decisions) shall apply in respect of the requirement by a local authority to pay an additional charge under subsection (3).

    (7) Where a charge of a kind referred to in subsection (1) is payable to a local authority, the local authority need not perform the action to which the charge relates until the charge has been paid to it in full.

    (8) However, subsection (7) does not apply to a charge to which subsection (1)(ab)(ii), (ad)(ii), or (cb)(iv) applies (relating to independent hearings commissioners requested by submitters or reviews required by a court order).

    Section 36(1)(aa): inserted, on 1 October 2009, by section 31(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 36(1)(ab): inserted, on 1 October 2009, by section 31(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 36(1)(ac): inserted, on 1 October 2009, by section 31(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 36(1)(ad): inserted, on 1 October 2009, by section 31(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 36(1)(b): amended, on 1 October 2009, by section 31(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 36(1)(b): amended, on 10 August 2005, by section 17(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 36(1)(c): amended, on 10 August 2005, by section 17(2) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 36(1)(ca): inserted, on 1 January 2005, by section 8 of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

    Section 36(1)(cb): inserted, on 10 August 2005, by section 17(3) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 36(1)(cb): amended, on 1 October 2009, by section 31(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 36(1)(cb)(iii): amended, on 1 October 2009, by section 31(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 36(1)(cb)(iv): inserted, on 1 October 2009, by section 31(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 36(1)(d): amended, on 1 October 2009, by section 31(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 36(2): replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

    Section 36(3A): inserted, on 1 August 2003, by section 16 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 36(6): amended, on 10 August 2005, by section 17(4) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 36(8): inserted, on 1 October 2009, by section 31(6) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

36AA Local authority policy on discounting administrative charges
  • (1) A local authority must provide a discount on an administrative charge imposed under section 36 as follows:

    • (a) a local authority that has not adopted a policy under subsection (3) must provide a discount if regulations under section 360(1)(hj) require the local authority to provide a discount:

    • (b) a local authority that has adopted a policy under subsection (3) must provide a discount under whichever of the policy and regulations under section 360(1)(hj) is more generous in the circumstances of the particular case.

    (2) The Minister must recommend to the Governor-General within 9 months of the commencement of section 32 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 that regulations be made under section 360(1)(hj) and the Minister must, before making the recommendation, consult with local authorities about the proposed regulations.

    (2A) The Minister must ensure that regulations made under section 360(1)(hj) remain in force, but this subsection does not prevent regulations made under section 360(1)(hj) (including the regulations made in compliance with subsection (2)) from being amended or from being revoked and replaced by another set of regulations made under section 360(1)(hj).

    (3) A local authority may adopt, in accordance with the special consultative procedure set out in section 83 of the Local Government Act 2002, a policy in respect of discounting administrative charges imposed under section 36 of this Act in the circumstances where—

    • (a) an application for a resource consent or an application to change or cancel conditions under section 127 is not processed within the time frames set out in this Act; and

    • (b) the responsibility for the failure rests with the local authority.

    (4) The policy must specify—

    • (a) the discount, or the method for determining the discount, that would be given for any application fees or charges paid or owing; and

    • (b) the procedure an applicant must follow to obtain the discount.

    (5) [Repealed]

    Section 36AA: inserted, on 1 October 2009, by section 32 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 36AA(1): replaced, on 1 October 2011, by section 12(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

    Section 36AA(2A): inserted, on 1 October 2011, by section 12(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

    Section 36AA(5): repealed, on 1 October 2011, by section 12(3) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Duties of local authorities and applicants

  • Heading: inserted, on 10 August 2005, by section 18 of the Resource Management Amendment Act 2005 (2005 No 87).

36A No duty under this Act to consult about resource consent applications and notices of requirement
  • (1) The following apply to an applicant for a resource consent and the local authority:

    • (a) neither has a duty under this Act to consult any person about the application; and

    • (b) each must comply with a duty under any other enactment to consult any person about the application; and

    • (c) each may consult any person about the application.

    (2) This section applies to a notice of requirement issued under any of sections 168, 168A, 189, and 189A by a requiring authority or a heritage protection authority, as if—

    • (a) the notice were an application for a resource consent; and

    • (b) the authority were an applicant.

    Section 36A: inserted, on 10 August 2005, by section 18 of the Resource Management Amendment Act 2005 (2005 No 87).

Powers and duties of local authorities and other public authorities

  • Heading: inserted, on 10 August 2005, by section 18 of the Resource Management Amendment Act 2005 (2005 No 87).

36B Power to make joint management agreement
  • (1) A local authority that wants to make a joint management agreement must—

    • (a) notify the Minister that it wants to do so; and

    • (b) satisfy itself—

      • (i) that each public authority, iwi authority, and group that represents hapu for the purposes of this Act that, in each case, is a party to the joint management agreement—

        • (A) represents the relevant community of interest; and

        • (B) has the technical or special capability or expertise to perform or exercise the function, power, or duty jointly with the local authority; and

      • (ii) that a joint management agreement is an efficient method of performing or exercising the function, power, or duty; and

    • (c) include in the joint management agreement details of—

      • (i) the resources that will be required for the administration of the agreement; and

      • (ii) how the administrative costs of the joint management agreement will be met.

    (2) A local authority that complies with subsection (1) may make a joint management agreement.

    Section 36B: inserted, on 10 August 2005, by section 18 of the Resource Management Amendment Act 2005 (2005 No 87).

36C Local authority may act by itself under joint management agreement
  • (1) This section applies when a joint management agreement requires the parties to it to perform or exercise a specified function, power, or duty together.

    (2) The local authority may perform or exercise the function, power, or duty by itself if a decision is required before the parties to the joint management agreement can perform or exercise the function, power, or duty and the joint management agreement does not provide a method for making a decision of that kind.

    Section 36C: inserted, on 10 August 2005, by section 18 of the Resource Management Amendment Act 2005 (2005 No 87).

36D Effect of joint management agreement
  • A decision made under a joint management agreement has legal effect as a decision of the local authority.

    Section 36D: inserted, on 10 August 2005, by section 18 of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 36D: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

36E Termination of joint management agreement
  • Any party to a joint management agreement may terminate that agreement by giving the other parties 20 working days' notice.

    Section 36E: inserted, on 10 August 2005, by section 18 of the Resource Management Amendment Act 2005 (2005 No 87).

Waivers and extension of time limits

37 Power of waiver and extension of time limits
  • (1) A consent authority or local authority may, in any particular case,—

    • (a) extend a time period specified in this Act or in regulations, whether or not the time period has expired; or

    • (b) waive a failure to comply with a requirement under this Act, regulations, or a plan for the time or method of service of documents.

    (1A) However, a consent authority must not, under subsection (1), waive or extend a time period for the purpose of providing more time for a pre-request aquaculture agreement to be negotiated under section 186ZM of the Fisheries Act 1996.

    (2) If a person is required to provide information under this Act, regulations, or a plan and the information is inaccurate or omitted, or a procedural requirement is omitted, the consent authority or local authority may—

    • (a) waive compliance with the requirement; or

    • (b) direct that the omission or inaccuracy be rectified on such terms as the consent authority or local authority thinks fit.

    Section 37: replaced, on 1 August 2003, by section 17 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 37(1A): inserted, on 1 October 2011, by section 13 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

37A Requirements for waivers and extensions
  • (1) A consent authority or local authority must not extend a time limit or waive compliance with a time limit, a method of service, or the service of a document in accordance with section 37 unless it has taken into account—

    • (a) the interests of any person who, in its opinion, may be directly affected by the extension or waiver; and

    • (b) the interests of the community in achieving adequate assessment of the effects of a proposal, policy statement, or plan; and

    • (c) its duty under section 21 to avoid unreasonable delay.

    (2) A time period may be extended under section 37 for—

    • (a) a time not exceeding twice the maximum time period specified in this Act; or

    • (b) a time exceeding twice the maximum time period specified in this Act if the applicant or requiring authority requests or agrees.

    (3) Instead of subsections (1) and (2), subsections (4) and (5) apply to an extension of a time limit imposed on a consent authority in respect of—

    • (a) an application for a resource consent; or

    • (b) an application to change or cancel a condition of a resource consent; or

    • (c) a review of a resource consent.

    (4) A consent authority may extend a time period under section 37 only if—

    • (a) the time period as extended does not exceed twice the maximum time period specified in this Act; and

    • (b) either—

      • (i) special circumstances apply (including special circumstances existing by reason of the scale or complexity of the matter); or

      • (ii) the applicant agrees to the extension; and

    • (c) the authority has taken into account the matters specified in subsection (1).

    (5) A consent authority may extend a time period under section 37 so that the extended period exceeds twice the maximum time period specified in the Act only if—

    • (a) the applicant agrees to the extension; and

    • (b) the authority has taken into account the matters specified in subsection (1).

    (6) A consent authority or a local authority must ensure that every person who, in its opinion, is directly affected by the extension of a time limit or the waiver of compliance with a time limit, a method of service, or the service of a document is notified of the extension or waiver.

    Section 37A: inserted, on 1 August 2003, by section 17 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 37A(3): replaced, on 1 October 2009, by section 33 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 37A(4): inserted, on 1 October 2009, by section 33 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 37A(5): inserted, on 1 October 2009, by section 33 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 37A(6): inserted, on 1 October 2009, by section 33 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

37B Persons to have powers of consent authority for purposes of sections 37 and 37A
  • The following bodies have the powers of a consent authority under sections 37 and 37A for the following matters:

    • (a) the Minister, while carrying out any of his or her functions under Part 6AA:

    • (b) a board of inquiry appointed under section 149J, while carrying out its functions under Part 6AA, except in respect of the time periods and requirements under section 149R:

    • (ba) the EPA, while carrying out its functions under Part 6AA, except in respect of the time periods and requirements under section 146(1):

    • (c) a special tribunal appointed under section 202, for all matters while carrying out its functions.

    • (d) [Repealed]

    Section 37B: inserted, on 1 August 2003, by section 17 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 37B(a): replaced, on 1 October 2009, by section 34 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 37B(b): replaced, on 1 October 2009, by section 34 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 37B(ba): inserted, on 1 October 2009, by section 34 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 37B(d): repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Enforcement officers

38 Authorisation and responsibilities of enforcement officers
  • (1) A local authority may authorise—

    • (a) any of its officers; or

    • (b) any of the officers of any other local authority, or of the new Ministry, or the Department of Conservation, or Maritime New Zealand, subject to such terms and conditions as to payment of salary and expenses and as to appointment of his or her duties as may be agreed upon between the relevant authorities—

    to carry out all or any of the functions and powers as an enforcement officer under this Act.

    (2) A local authority may authorise any person who is—

    • (a) the holder of a licence as a property guard issued under section 34 of the Private Security Personnel and Private Investigators Act 2010; or

    • (b) employed by a person authorised under paragraph (a) and who is—

      • (i) the holder of a certificate of approval issued under section 40 of that Act; or

      • (ii) a person in respect of whom permission granted under section 37 of that Act is in force—

    to exercise or carry out all or any of the functions and powers of an enforcement officer under sections 327 and 328 (which relate to excessive noise).

    (3) The Minister of Conservation may authorise any officers of the Department of Conservation or of a local authority to exercise and carry out the functions and powers of an enforcement officer under this Act in relation to 1 or more of the following:

    • (a) compliance with a resource consent issued by that Minister under section 31A:

    • (b) [Repealed]

    • (c) [Repealed]

    (4) Any authorisation under subsection (3) to an officer of a local authority is subject to such terms and conditions as to payment of salary and expenses and as to appointment of his or her duties as may be agreed between the Minister and the local authority.

    (5) The local authority or Minister shall supply every enforcement officer with a warrant, and that warrant shall clearly state the functions and powers that the person concerned has been authorised to exercise and carry out under this Act.

    (6) Every enforcement officer who exercises or purports to exercise any power conferred on him or her by this Act shall have with him or her, and shall produce if required to do so, his or her warrant and evidence of his or her identity.

    (7) Every enforcement officer who holds a warrant issued under this section shall, on the termination of his or her appointment as such, surrender the warrant to the local authority or Minister, as the case may be.

    Section 38(1)(b): amended, on 1 July 2005, by section 11(3) of the Maritime Transport Amendment Act 2004 (2004 No 98).

    Section 38(1)(b): amended, on 1 March 1998, pursuant to section 5(1)(c) of the Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).

    Section 38(1)(b): amended, on 17 December 1997, by section 9(1) of the Resource Management Amendment Act 1997 (1997 No 104).

    Section 38(2): amended, on 7 July 1993, by section 26 of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 38(2)(a): replaced, on 1 April 2011, by section 121(1) of the Private Security Personnel and Private Investigators Act 2010 (2010 No 115).

    Section 38(2)(b): replaced, on 17 December 1997, by section 9(2) of the Resource Management Amendment Act 1997 (1997 No 104).

    Section 38(3): amended, on 17 January 2005, by section 12(1) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).

    Section 38(3)(a): replaced, on 1 October 2009, by section 35(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 38(3)(b): repealed, on 1 October 2009, by section 35(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 38(3)(c): repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Powers and duties in relation to hearings

39 Hearings to be public and without unnecessary formality
  • (1) Where a local authority, a consent authority, or a person given authority to conduct hearings under any of sections 33, 34, 34A, 117, 149J, 202, or 357C, holds a hearing in relation to—

    • (a) a proposed policy statement, a plan, a change, or a variation; or

    • (b) an application for a resource consent; or

    • (c) a review of a resource consent; or

    • (d) an application to change or cancel a condition of a resource consent; or

    • (f) a requirement for a designation or heritage order; or

    • (fa) a requirement to alter a designation or heritage order; or

    • (g) an application for a water conservation order,—

    the authority shall hold the hearing in public (unless permitted to do otherwise by section 42 (which relates to the protection of sensitive information) or the Local Government Official Information and Meetings Act 1987), and shall establish a procedure that is appropriate and fair in the circumstances.

    (2) In determining an appropriate procedure for the purposes of subsection (1), the authority shall—

    • (a) avoid unnecessary formality; and

    • (b) recognise tikanga Maori where appropriate, and receive evidence written or spoken in Maori and the Maori Language Act 1987 shall apply accordingly; and

    • (c) not permit any person other than the chairperson or other member of the hearing body to question any party or witness; and

    • (d) not permit cross-examination.

    Section 39(1): amended, on 1 October 2009, by section 36(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 39(1): amended, on 10 August 2005, by section 20(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 39(1): amended, on 10 August 2005, by section 20(2) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 39(1): amended, on 7 July 1993, by section 27(1) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 39(1)(a): amended, on 1 October 2009, by section 36(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 39(1)(c): amended, on 1 October 2009, by section 36(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 39(1)(d): amended, on 1 October 2009, by section 36(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 39(1)(e): replaced, on 1 October 2009, by section 36(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 39(1)(fa): inserted, on 1 October 2009, by section 36(6) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

39A Accreditation
  • The Minister must—

    • (a) approve a qualification or qualifications establishing a person's accreditation; and

    • (b) notify each qualification in the Gazette.

    Section 39A: inserted, on 10 August 2005, by section 21 of the Resource Management Amendment Act 2005 (2005 No 87).

39B Persons who may be given hearing authority
  • (1) This section applies when a local authority wants to apply any of sections 33, 34, and section 34A to give authority to 1 person or a group of persons to conduct a hearing on—

    • (a) an application for a resource consent that is notified; or

    • (c) a request under clause 21(1) of Schedule 1 for a change to be made to a plan.

    (2) If the local authority wants to give authority to 1 person, it may do so only if the person is accredited.

    (3) If the local authority wants to give authority to a group of persons that has a chairperson, it may do so only if the chairperson is accredited.

    (4) If the local authority wants to give authority to a group of persons, whether or not the group has a chairperson, it may do so only if over half of all the persons are accredited.

    Section 39B: inserted, on 9 August 2006, by section 22(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 39B(1)(a): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 39B(4): inserted, on 9 August 2007, by section 22(2) of the Resource Management Amendment Act 2005 (2005 No 87).

39C Effect of lack of accreditation
  • (1) This section applies when a local authority purports to give authority under section 39B to a person or group of persons, but does not in fact give it because the person, chairperson of the group, or members of the group are not accredited as required by the section.

    (2) No decision made by the person or group of persons is invalid solely because the person, chairperson of the group, or members of the group were not accredited as required by section 39B.

    Section 39C: inserted, on 10 August 2005, by section 23 of the Resource Management Amendment Act 2005 (2005 No 87).

40 Persons who may be heard at hearings
  • (1) At any hearing described in section 39, the applicant, and every person who has made a submission and stated that they wished to be heard at the hearing, may speak (either personally or through a representative) and call evidence.

    (2) Notwithstanding subsection (1), the authority may, if it considers that there is likely to be excessive repetition, limit the circumstances in which parties having the same interest in a matter may speak or call evidence in support.

    (3) If—

    • (a) the applicant; or

    • (b) any person who made a submission and stated they wished to be heard at any such hearing—

    fails to appear at the hearing, the authority may nevertheless proceed with the hearing, if it considers it fair and reasonable to do so.

    Section 40 heading: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 40(3): inserted, on 7 July 1993, by section 28 of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 40(3): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

41 Provisions relating to hearings
  • (1) The following provisions of the Commissions of Inquiry Act 1908 apply to every hearing conducted by a local authority, a consent authority, or a person given authority to conduct hearings under sections 33, 34, 34A, 117, 149J, or 202:

    • (a) section 4, which gives powers to maintain order:

    • (c) section 4D, which gives power to summon witnesses:

    • (d) section 5, which relates to the service of a summons:

    • (e) section 6, which relates to the protection of witnesses:

    • (f) section 7, which relates to allowances for witnesses.

    (2) Every summons to a witness to appear at a hearing shall be in the prescribed form and be signed by the chairperson of the hearing.

    (3) All allowances for a witness shall be paid by the party on whose behalf the witness is called.

    (4) At every hearing conducted in relation to a matter described in section 39(1), the authority may request and receive, from any person who makes a report under section 42A or who is heard by the authority or who is represented at the hearing, any information or advice that is relevant and reasonably necessary to determine the application.

    Section 41(1): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 41(1): amended, on 10 August 2005, by section 24 of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 41(4): inserted, on 7 July 1993, by section 29 of the Resource Management Amendment Act 1993 (1993 No 65).

41A Control of hearings
  • An authority conducting a hearing on a matter described in section 39(1) may exercise a power under section 41B or section 41C, after considering whether the scale and significance of the hearing makes the exercise of the power appropriate.

    Section 41A: inserted, on 10 August 2005, by section 25(1) of the Resource Management Amendment Act 2005 (2005 No 87).

41B Directions to provide evidence within time limits
  • (1) The authority may direct the applicant to provide briefs of evidence to the authority before the hearing.

    (2) The applicant must provide the briefs of evidence at least 10 working days before the hearing.

    (3) The authority may direct a person who has made a submission and who is intending to call expert evidence to provide briefs of the evidence to the authority before the hearing.

    (4) The person must provide the briefs of evidence at least 5 working days before the hearing.

    (5) If the authority has exercised a power under this section, section 101(2) does not apply. Instead, subsection (6) or (7) of this section applies.

    (6) If section 87I, 198G, or 198N applies, the authority must hold the hearing no more than 30 working days after the date on which it knows that the section applies.

    (7) In any other case, the authority must hold the hearing within 40 working days after the closing date for submissions.

    Section 41B: inserted, on 10 August 2005, by section 25(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 41B(5): replaced, on 1 October 2009, by section 37 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 41B(6): inserted, on 1 October 2009, by section 37 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 41B(7): inserted, on 1 October 2009, by section 37 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

41C Directions and requests before or at hearings
  • (1) Before or at the hearing, the authority may—

    • (a) direct the order of business at the hearing, including the order in which evidence and submissions are presented; or

    • (b) direct that evidence and submissions be—

      • (i) recorded; or

      • (ii) taken as read; or

      • (iii) limited to matters in dispute; or

    • (c) direct the applicant, when presenting evidence or a submission, to present it within a time limit; or

    • (d) direct a person who has made a submission, when presenting evidence or a submission, to present it within a time limit.

    (2) Before or at the hearing, the authority may request a person who has made a submission to provide further information.

    (3) At the hearing, the authority may request the applicant to provide further information.

    (4) At the hearing, the authority may commission a consultant or any other person employed for the purpose to prepare a report on any matter on which the authority requires further information, if all the following apply:

    • (a) the activity that is the subject of the hearing may, in the authority's opinion, have a significant adverse environmental effect; and

    • (b) the applicant is notified before the authority commissions the report; and

    • (c) the applicant does not refuse to agree to the commissioning of the report.

    (5) The authority must provide a copy of any further information requested under subsection (2), and received before the hearing, to the applicant and every person who made a submission.

    (5A) Subsection (5B) applies to—

    • (a) any further information that—

      • (i) is requested under subsection (2) or (3); and

      • (ii) is received in writing or electronically after the start of the hearing; but

      • (iii) is not given as evidence at the hearing; and

    • (b) any report that is commissioned under subsection (4).

    (5B) The authority must—

    • (a) provide a copy of the further information or report to the applicant and every person who made a submission and stated a wish to be heard; and

    • (b) make the further information or report available at its office to any person who made a submission and did not state a wish to be heard.

    (5C) However, the authority does not need to provide further information to the applicant or submitter who provided the information.

    (6) At the hearing, the authority may direct a person presenting a submission not to present—

    • (a) the whole submission, if all of it is irrelevant or not in dispute; or

    • (b) any part of it that is irrelevant or not in dispute.

    (7) Before or at the hearing, the authority may direct that the whole, or a part, of a submission be struck out if the authority considers—

    • (a) that the whole submission, or the part, is frivolous or vexatious; or

    • (b) that the whole submission, or the part, discloses no reasonable or relevant case; or

    • (c) that it would otherwise be an abuse of the hearing process to allow the whole submission, or the part, to be taken further.

    (8) If the authority gives a direction under subsection (7), it must record its reasons for the direction.

    (9) A person whose submission, or part of whose submission, is struck out has a right of objection under section 357.

    Section 41C: inserted, on 10 August 2005, by section 25(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 41C(5): replaced, on 1 October 2009, by section 38 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 41C(5A): inserted, on 1 October 2009, by section 38 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 41C(5B): inserted, on 1 October 2009, by section 38 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 41C(5C): inserted, on 1 October 2009, by section 38 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 41C(7): inserted, on 9 August 2007, by section 25(2) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 41C(8): inserted, on 9 August 2007, by section 25(2) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 41C(9): inserted, on 9 August 2007, by section 25(2) of the Resource Management Amendment Act 2005 (2005 No 87).

42 Protection of sensitive information
  • (1) A local authority may, on its own motion or on the application of any party to any proceedings or class of proceedings, make an order described in subsection (2) where it is satisfied that the order is necessary—

    • (a) to avoid serious offence to tikanga Maori or to avoid the disclosure of the location of waahi tapu; or

    • (b) to avoid the disclosure of a trade secret or unreasonable prejudice to the commercial position of the person who supplied, or is the subject of, the information,—

    and, in the circumstances of the particular case, the importance of avoiding such offence, disclosure, or prejudice outweighs the public interest in making that information available.

    (2) A local authority may make an order for the purpose of subsection (1)—

    • (a) that the whole or part of any hearing or class of hearing at which the information is likely to be referred to, shall be held with the public excluded (which order shall, for the purposes of subsections (3) to (5) of section 48 of the Local Government Official Information and Meetings Act 1987, be deemed to be a resolution passed under that section):

    • (b) prohibiting or restricting the publication or communication of any information supplied to it, or obtained by it, in the course of any proceedings, whether or not the information may be material to any proposal, application, or requirement.

    (3) An order made under subsection (2)(b) in relation to—

    • (a) any matter described in subsection (1)(a) may be expressed to have effect from the commencement of any proceedings to which it relates and for an indefinite period or until such date as the local authority considers appropriate in the circumstances:

    • (b) any matter described in subsection (1)(b) may be expressed to have effect from the commencement of any proceedings to which it relates but shall cease to have any effect at the conclusion of those proceedings—

    and upon the date that such order ceases to have effect, the provisions of the Local Government Official Information and Meetings Act 1987 shall apply accordingly in respect of any information that was the subject of any such order.

    (4) Any party to any proceedings or class of proceedings before a local authority may apply to the Environment Court for an order under section 279(3)(a) cancelling or varying any order made by the local authority under this section.

    (5) Where, on the application of any party to any proceedings or class of proceedings, a local authority has declined to make an order described in subsection (2), that party may apply to the Environment Court for an order under section 279(3)(b).

    (6) In this section—

    • (a) information includes any document or evidence:

    • (b) local authority includes—

      • (ii) a community board:

      • (iii) a public body:

      • (iv) a special tribunal:

    Section 42(4): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

    Section 42(5): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

    Section 42(6)(b): replaced, on 1 October 2009, by section 39 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Reports

  • Heading: inserted, on 7 July 1993, by section 30 of the Resource Management Amendment Act 1993 (1993 No 65).

42A Reports to local authority
  • (1) At any reasonable time before a hearing or, if no hearing is to be held, before the decision is made, a local authority may require an officer of a local authority (as local authority is defined in section 42(6)(b)), or may commission a consultant or any other person employed for the purpose, to prepare a report on information provided on any matter described in section 39(1) by the applicant or any person who made a submission.

    (1A) The report does not need to repeat material from an assessment of environmental effects provided by the applicant.

    (1B) Instead, the report may—

    • (a) adopt the whole assessment; or

    • (b) adopt any part of the assessment by referring to the part adopted.

    (2) Any report prepared under subsection (1) may be considered at any hearing conducted by the local authority.

    (3) If the report is in writing, the local authority must provide a copy of it to the applicant, and to every person who made a submission and stated a wish to be heard at the hearing, so that they receive the copy—

    • (a) at least 15 working days before the hearing, if the authority gives a direction under section 41B; or

    • (b) at least 5 working days before the hearing, if the authority does not give a direction under section 41B.

    (4) If the report is in writing, the authority must—

    • (a) make the report available at its office to any person who made a submission and did not state a wish to be heard; and

    • (b) give written or electronic notice to those submitters that the report is available at the authority's office.

    (5) The local authority may waive compliance with—

    • (a) subsection (3) if it is satisfied that there is no material prejudice, or is not aware of any material prejudice, to any person who should have been provided with a copy of the report under that subsection; or

    • (b) subsection (4)(b) if it is satisfied that there is no material prejudice, or is not aware of any material prejudice, to any person who should have been given notice of the report under that paragraph.

    Section 42A: inserted, on 7 July 1993, by section 30 of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 42A(1): replaced, on 10 August 2005, by section 26(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 42A(1): amended, on 1 October 2009, by section 40(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 42A(1A): inserted, on 1 October 2009, by section 40(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 42A(1B): inserted, on 1 October 2009, by section 40(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 42A(3): replaced, on 1 October 2009, by section 40(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 42A(4): replaced, on 1 October 2009, by section 40(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 42A(5): inserted, on 1 October 2009, by section 40(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Part 4A
Environmental Protection Authority

  • Part 4A: inserted, on 1 October 2009, by section 41 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

42B Establishment of Environmental Protection Authority
  • [Repealed]

    Section 42B: repealed, on 1 July 2011, by section 7 of the Resource Management Act 2011 (2011 No 19).

42C Functions of EPA
  • The functions of the Environmental Protection Authority are—

    • (b) to make recommendations to the Minister under section 146 or 149ZB in respect of a matter referred to in paragraph (a):

    • (c) to make decisions under section 139 on applications for certificates of compliance for proposals or activities that are related to proposals of national significance:

    • (d) to provide secretarial and support services to—

    • (da) to provide technical advice to the Minister on the development of a national environmental standard:

    • (e) to exercise any powers or perform any functions or duties delegated to it by the Minister under section 29(4):

    • (f) to exercise any other functions specified in this Act.

    Section 42C: inserted, on 1 October 2009, by section 41 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 42C(aa): inserted, on 1 July 2011, by section 8(1) of the Resource Management Amendment Act 2011 (2011 No 19).

    Section 42C(ba): inserted, on 1 July 2011, by section 8(2) of the Resource Management Amendment Act 2011 (2011 No 19).

    Section 42C(d): inserted, on 1 July 2011, by section 8(3) of the Resource Management Amendment Act 2011 (2011 No 19).

    Section 42C(da): inserted, on 1 July 2011, by section 8(4) of the Resource Management Amendment Act 2011 (2011 No 19).

42D Secretary for the Environment to exercise functions of EPA
  • [Repealed]

    Section 42D: repealed, on 1 July 2011, by section 9 of the Resource Management Amendment Act 2011 (2011 No 19).

Part 5
Standards, policy statements, and plans

43AA Interpretation
  • In this Act, unless the context requires another meaning,—

    change means—

    • (a) a change proposed by a local authority to a policy statement or plan under clause 2 of Schedule 1; and

    • (b) a change proposed by any person to a policy statement or plan by a request under clause 21 of Schedule 1

    district plan

    • (a) means an operative plan approved by a territorial authority under Schedule 1; and

    • (b) includes all operative changes to the plan (whether arising from a review or otherwise)

    operative, in relation to a policy statement or plan, or a provision of a policy statement or plan, means that the policy statement, plan, or provision—

    • (a) has become operative—

    • (b) has not ceased to be operative

    plan means a regional plan or a district plan

    policy statement means a regional policy statement

    proposed policy statement means a proposed policy statement that has been notified under clause 5 of Schedule 1 but has not become operative in terms of clause 20 of Schedule 1

    regional coastal plan

    • (a) means an operative plan approved by the Minister of Conservation under Schedule 1; and

    • (b) includes all operative changes to the plan (whether arising from a review or otherwise)

    regional plan

    • (a) means an operative plan approved by a regional council under Schedule 1 (including all operative changes to the plan (whether arising from a review or otherwise)); and

    • (b) includes a regional coastal plan

    regional policy statement

    • (a) means an operative regional policy statement approved by a regional council under Schedule 1; and

    • (b) includes all operative changes to the policy statement (whether arising from a review or otherwise)

    rule means a district rule or a regional rule

    variation means an alteration by a local authority under clause 16A of Schedule 1 to—

    • (a) a proposed policy statement or plan; or

    • (b) a change.

    Section 43AA: inserted, on 1 October 2009, by section 42 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

43AAB Meaning of district rule and regional rule
  • (1) In this Act, unless the context otherwise requires, district rule means a rule made as part of a district plan or proposed district plan in accordance with section 76.

    (2) Subsection (1) is subject to section 86B and clause 10(5) of Schedule 1.

    (3) In this Act, unless the context otherwise requires, regional rule means a rule made as part of a regional plan or proposed regional plan in accordance with section 68.

    (4) Subsection (3) is subject to section 86B and clause 10(5) of Schedule 1.

    Section 43AAB: inserted, on 1 October 2009, by section 42 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

43AAC Meaning of proposed plan
  • (1) In this Act, unless the context otherwise requires, proposed plan

    • (a) means a proposed plan, a variation to a proposed plan or change, or a change to a plan proposed by a local authority that has been notified under clause 5 of Schedule 1 but has not become operative in terms of clause 20 of Schedule 1; and

    • (b) includes a proposed plan or a change to a plan proposed by a person under Part 2 of Schedule 1 that has been adopted by the local authority under clause 25(2)(a) of Schedule 1.

    (2) Subsection (1) is subject to section 86B and clause 10(5) of Schedule 1.

    Section 43AAC: inserted, on 1 October 2009, by section 42 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

National environmental standards

43 Regulations prescribing national environmental standards
  • (1) The Governor-General may, by Order in Council, make regulations, to be known as national environmental standards, that prescribe any or all of the following technical standards, methods, or requirements:

    • (b) standards for noise:

    • (c) standards, methods, or requirements for monitoring.

    (2) The regulations may include:

    • (a) qualitative or quantitative standards:

    • (b) standards for any discharge or the ambient environment:

    • (c) methods for classifying a natural or physical resource:

    • (d) methods, processes, or technology to implement standards:

    • (e) exemptions from standards:

    • (f) transitional provisions for standards, methods, or requirements.

    (3) Section 360(2) applies to all regulations made under this section.

    Section 43: replaced, on 20 May 2003, by section 18 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 43(1)(a): amended, on 10 August 2005, by section 27 of the Resource Management Amendment Act 2005 (2005 No 87).

43A Contents of national environmental standards
  • (1) National environmental standards may—

    • (a) prohibit an activity:

    • (b) allow an activity:

    • (c) restrict the making of a rule or the granting of a resource consent to matters specified in a national environmental standard:

    • (d) require a person to obtain a certificate from a specified person stating that an activity complies with a term or condition imposed by a national environmental standard:

    • (e) specify, in relation to a rule made before the commencement of a national environmental standard,—

      • (i) the extent to which any matter to which the standard applies continues to have effect; or

      • (ii) the time period during which any matter to which the standard applies continues to have effect:

    • (f) require local authorities to review, under section 128(1), all or any of the permits to which paragraph (ba) of that subsection applies as soon as practicable or within the time specified in a national environmental standard.

    (2) A national environmental standard that prohibits an activity—

    • (a) may do one or both of the following:

      • (i) state that a resource consent may be granted for the activity, but only on the terms or conditions specified in the standard; and

      • (ii) require compliance with the rules in a plan or proposed plan as a term or condition; or

    • (b) may state that the activity is a prohibited activity.

    (3) If an activity has significant adverse effects on the environment, a national environmental standard must not, under subsections (1)(b) and (4),—

    • (a) allow the activity, unless it states that a resource consent is required for the activity; or

    • (b) state that the activity is a permitted activity.

    (4) A national environmental standard that allows an activity—

    • (a) may state that a resource consent is not required for the activity; or

    • (b) may do one or both of the following:

      • (i) state that the activity is a permitted activity, but only on the terms or conditions specified in the standard; and

      • (ii) require compliance with the rules in a plan or proposed plan as a term or condition.

    (5) If a national environmental standard allows an activity and states that a resource consent is not required for the activity, or states that an activity is a permitted activity, the following provisions apply to plans and proposed plans:

    • (a) a plan or proposed plan may state that the activity is a permitted activity on the terms or conditions specified in the plan; and

    • (b) the terms or conditions specified in the plan may deal only with effects of the activity that are different from those dealt with in the terms or conditions specified in the standard; and

    • (c) if a plan's terms or conditions deal with effects of the activity that are the same as those dealt with in the terms or conditions specified in the standard, the terms or conditions in the standard prevail.

    (6) A national environmental standard that allows a resource consent to be granted for an activity—

    • (a) may state that the activity is—

      • (i) a controlled activity; or

      • (ii) a restricted discretionary activity; or

      • (iii) a discretionary activity; or

      • (iv) a non-complying activity; and

    • (b) may state the matters over which—

      • (i) control is reserved; or

      • (ii) discretion is restricted.

    (7) A national environmental standard may specify the activities for which the consent authority—

    • (a) must give public notification of an application for a resource consent:

    • (b) is precluded from giving public notification of an application for a resource consent:

    • (c) is precluded from giving limited notification of an application for a resource consent.

    Section 43A: inserted, on 20 May 2003, by section 18 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 43A heading: replaced, on 1 October 2009, by section 43(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 43A(1): amended, on 10 August 2005, by section 28(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(1)(b): replaced, on 10 August 2005, by section 28(2) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(1)(c): amended, on 10 August 2005, by section 28(3) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(1)(d): amended, on 10 August 2005, by section 28(3) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(1)(e): amended, on 10 August 2005, by section 28(4)(a) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(1)(e)(i): amended, on 10 August 2005, by section 28(4)(b) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(1)(e)(ii): amended, on 10 August 2005, by section 28(4)(b) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(1)(f): amended, on 10 August 2005, by section 28(5) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(2): replaced, on 10 August 2005, by section 28(6) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(3): inserted, on 10 August 2005, by section 28(6) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(4): inserted, on 10 August 2005, by section 28(6) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(5): inserted, on 10 August 2005, by section 28(6) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(6): inserted, on 10 August 2005, by section 28(6) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43A(7): inserted, on 1 October 2009, by section 43(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

43B Relationship between national environmental standards and rules or consents
  • (1) A rule or resource consent that is more stringent than a national environmental standard prevails over the standard, if the standard expressly says that a rule or consent may be more stringent than it.

    (2) For the purposes of subsection (1),—

    • (a) a rule is more stringent than a standard if it prohibits or restricts an activity that the standard permits or authorises:

    • (b) a resource consent is more stringent than a standard if it imposes conditions on an activity that the standard does not impose or authorise.

    (3) A rule or resource consent may not be more lenient than a national environmental standard.

    (4) For the purposes of subsection (3), a rule or resource consent is more lenient than a standard if it permits or authorises an activity that the standard prohibits or restricts.

    (5) A land use consent or a subdivision consent granted before the date on which a national environmental standard is notified in the Gazette prevails over the standard.

    (6) A coastal, water, or discharge permit granted before the date on which a national environmental standard is notified in the Gazette prevails over the standard until a review of the permit's conditions under section 128(1)(ba) results in some or all of the standard prevailing over the permit.

    (7) This subsection applies to a resource consent not covered by subsection (5) or (6). The consent prevails over a national environmental standard if the application giving rise to the consent was the subject of a decision on whether to notify it before the date on which the standard is notified in the Gazette. However, the consent does not prevail if the standard expressly provides otherwise.

    (8) [Repealed]

    (9) If a national environmental standard requires a resource consent to be obtained for an activity, sections 10, 10A, 10B, and 20A(2) apply to the activity as if the standard were a rule in a plan that had become operative.

    Section 43B: replaced, on 10 August 2005, by section 29 of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 43B(5): replaced, on 1 October 2009, by section 44 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 43B(6): replaced, on 1 October 2009, by section 44 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 43B(7): replaced, on 1 October 2009, by section 44 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 43B(8): repealed, on 1 October 2009, by section 44 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

43C Relationship between national environmental standards and water conservation orders
  • (1) A water conservation order that is more stringent than a national environmental standard applying to water prevails over the standard.

    (2) A national environmental standard applying to water that is more stringent than a water conservation order prevails over the order.

    Section 43C: replaced, on 10 August 2005, by section 29 of the Resource Management Amendment Act 2005 (2005 No 87).

43D Relationship between national environmental standards and designations
  • (1) A designation that exists when a national environmental standard is made prevails over the standard until the earlier of the following:

    • (a) the designation lapses:

    • (b) the designation is altered under section 181 by the alteration of conditions in it to which the standard is relevant.

    (2) If the conditions of a designation are altered as described in subsection (1)(b), the standard—

    • (a) applies to the altered conditions; and

    • (b) does not apply to the unaltered conditions.

    (3) A national environmental standard prevails over a designation that requires an outline plan if, when the standard is made,—

    • (a) the designation exists; and

    • (b) no outline plan for the designation has completed the process described in section 176A.

    (4) A national environmental standard that exists when a designation is made prevails over the designation.

    (5) A use is not required to comply with a national environmental standard if—

    • (a) the use was lawfully established by way of a designation that has lapsed; and

    • (b) the effects of the use, in character, intensity, and scale, are the same as or similar to those that existed before the designation lapsed; and

    • (c) the standard is made—

      • (i) after the designation was made; and

      • (ii) before or after it lapses.

    (6) Work under a designation is not required to comply with a national environmental standard if the work has come under the designation through the following sequence of events:

    • (a) the work is made; and

    • (b) the standard is made; and

    • (c) the designation is applied to the work.

    (7) In this section, conditions includes a condition about the physical boundaries of a designation.

    Section 43D: replaced, on 10 August 2005, by section 29 of the Resource Management Amendment Act 2005 (2005 No 87).

43E Relationship between national environmental standards and bylaws
  • (1) A bylaw that is more stringent than a national environmental standard prevails over the standard, if the standard expressly says that a bylaw may be more stringent than it.

    (2) For the purposes of subsection (1), a bylaw is more stringent than a standard if it prohibits or restricts an activity that the standard permits or authorises.

    (3) A bylaw may not be more lenient than a national environmental standard.

    (4) For the purposes of subsection (3), a bylaw is more lenient than a standard if it permits or authorises an activity that the standard prohibits or restricts.

    (5) In this section, bylaw means a bylaw made under any enactment.

    Section 43E: replaced, on 10 August 2005, by section 29 of the Resource Management Amendment Act 2005 (2005 No 87).

43F Description of discharges in national environmental standards for discharges
  • A national environmental standard for an activity that is a discharge may describe the discharge by referring to—

    • (a) particular contaminants or sources of contaminants in a discharge; or

    • (b) the circumstances or sources of a discharge.

    Section 43F: inserted, on 10 August 2005, by section 29 of the Resource Management Amendment Act 2005 (2005 No 87).

43G Incorporation of material by reference in national environmental standards
  • A national environmental standard may incorporate material by reference under Schedule 1AA.

    Section 43G: inserted, on 10 August 2005, by section 29 of the Resource Management Amendment Act 2005 (2005 No 87).

44 Restriction on power to make national environmental standards
  • (1) The Minister must follow the steps set out in subsection (2) before recommending the making of a national environmental standard to the Governor-General. Subsection (3) modifies this subsection.

    (2) The steps are—

    • (a) to notify the public and iwi authorities of—

      • (i) the proposed subject matter of the standard; and

      • (ii) the Minister's reasons for considering that the standard is consistent with the purpose of the Act; and

    • (b) to establish a process that—

      • (i) the Minister considers gives the public and iwi authorities adequate time and opportunity to comment on the proposed subject matter of the standard; and

      • (ii) requires a report and recommendation to be made to the Minister on those comments and the proposed subject matter of the standard; and

    • (c) to publicly notify the report and recommendation.

    (3) The Minister need not follow the steps if the Minister is recommending the making of an amendment—

    • (a) that has no more than a minor effect; or

    • (b) that corrects errors or makes similar technical alterations.

    Section 44: replaced, on 1 October 2009, by section 45 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

44A Local authority recognition of national environmental standards
  • (1) Subsections (3) to (5) apply if a local authority's plan or proposed plan contains a rule that duplicates a provision in a national environmental standard.

    (2) Subsections (3) to (5) apply if a local authority's plan or proposed plan contains a rule that conflicts with a provision in a national environmental standard. A rule conflicts with a provision if—

    • (a) both of the following apply:

      • (i) the rule is more stringent than the provision in that it prohibits or restricts an activity that the provision permits or authorises; and

      • (ii) the standard does not expressly say that a rule may be more stringent than it; or

    • (b) the rule is more lenient than the provision.

    (3) If the duplication or conflict is dealt with in the national environmental standard in one of the ways described in section 43A(1)(e), the local authority must amend the plan or proposed plan to remove the duplication or conflict—

    • (b) in accordance with the specification in the national environmental standard.

    (4) If the duplication or conflict arises as described in section 43A(5)(c), the local authority must amend the plan or proposed plan to remove the duplication or conflict—

    • (b) as soon as practicable after the date on which the standard comes into force.

    (5) In every other case of duplication or conflict, the local authority must amend the plan or proposed plan to remove the duplication or conflict—

    • (b) as soon as practicable after the date on which the standard comes into force.

    (6) A local authority may amend a plan or proposed plan to include a reference to a national environmental standard—

    • (b) after the date on which the standard comes into force.

    (7) Every local authority and consent authority must observe national environmental standards.

    (8) Every local authority and consent authority must enforce the observance of national environmental standards to the extent to which their powers enable them to do so.

    Section 44A: inserted, on 1 October 2009, by section 45 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

National policy statements

45 Purpose of national policy statements (other than New Zealand coastal policy statements)
  • (1) The purpose of national policy statements is to state objectives and policies for matters of national significance that are relevant to achieving the purpose of this Act.

    (2) In determining whether it is desirable to prepare a national policy statement, the Minister may have regard to—

    • (a) the actual or potential effects of the use, development, or protection of natural and physical resources:

    • (b) New Zealand's interests and obligations in maintaining or enhancing aspects of the national or global environment:

    • (c) anything which affects or potentially affects any structure, feature, place, or area of national significance:

    • (d) anything which affects or potentially affects more than 1 region:

    • (e) anything concerning the actual or potential effects of the introduction or use of new technology or a process which may affect the environment:

    • (f) anything which, because of its scale or the nature or degree of change to a community or to natural and physical resources, may have an impact on, or is of significance to, New Zealand:

    • (g) anything which, because of its uniqueness, or the irreversibility or potential magnitude or risk of its actual or potential effects, is of significance to the environment of New Zealand:

    • (h) anything which is significant in terms of section 8 (Treaty of Waitangi):

    • (i) the need to identify practices (including the measures referred to in section 24(h), relating to economic instruments) to implement the purpose of this Act:

    • (j) any other matter related to the purpose of a national policy statement.

    Section 45(1): amended, on 20 May 2003, by section 19 of the Resource Management Amendment Act 2003 (2003 No 23).

46 Proposed national policy statement
  • If the Minister considers it desirable to issue a national policy statement, the Minister must—

    • (a) seek and consider comments from the relevant iwi authorities and the persons and organisations that the Minister considers appropriate; and

    • (b) then prepare a proposed national policy statement.

    Section 46: replaced, on 20 May 2003, by section 20 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 46(a): amended, on 10 August 2005, by section 31 of the Resource Management Amendment Act 2005 (2005 No 87).

46A Minister chooses process
  • (1) After preparing a proposed national policy statement under sections 45 and 46, the Minister must—

    • (b) establish, and then use, a process that—

      • (i) gives the public adequate time and opportunity to make a submission on the statement; and

      • (ii) requires a report and recommendations to be made to the Minister on the submissions and the subject matter of the statement; and

      • (iii) incorporates sections 51 and 52 as if their references to a board of inquiry were references to the person who prepares the report and recommendations.

    (2) When choosing between subsection (1)(a) and subsection (1)(b), the Minister may consider the following matters:

    • (a) the advantages and disadvantages of having the proposed national policy statement made quickly:

    • (b) the extent to which the policy in the proposed national policy statement differs from the policies in—

      • (i) national environmental standards; and

      • (ia) other national policy statements; and

      • (ii) regional policy statements; and

      • (iii) regional or district plans:

    • (c) the extent and timing of public debate and public consultation that took place on the policy before the proposed national policy statement was prepared:

    • (d) any other relevant matter.

    (3) [Repealed]

    (4) A national policy statement prepared after the use of a process established under subsection (1)(b) is a regulation for the purposes of the Regulations (Disallowance) Act 1989, but is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.

    Section 46A: inserted, on 10 August 2005, by section 32 of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 46A(2)(b)(i): replaced, on 1 October 2009, by section 46(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 46A(2)(b)(ia): inserted, on 1 October 2009, by section 46(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 46A(3): repealed, on 1 October 2009, by section 46(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

46B Incorporation of material by reference in national policy statements
  • A national policy statement may incorporate material by reference under Schedule 1AA.

    Section 46B: inserted, on 10 August 2005, by section 33 of the Resource Management Amendment Act 2005 (2005 No 87).

47 Board of inquiry
  • (1) The Minister must appoint a board of inquiry to inquire into, and report on, the proposed national policy statement.

    (2) The Minister may, as the Minister sees fit,—

    • (a) set terms of reference for the board of inquiry; and

    • (b) set the rate of remuneration to be paid to members of the board of inquiry.

    (3) A member of the board of inquiry is not liable for anything the member does, or omits to do, in good faith in performing or exercising the functions, duties, and powers of the board.

    Section 47: replaced, on 20 May 2003, by section 20 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 47(3): inserted, on 1 October 2009, by section 47 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

47A Board of inquiry to suspend consideration or consider additional material
  • (1) The Minister may, at any time before a board of inquiry reports to the Minister under section 51(2), do either or both of the following:

    • (a) direct the board to suspend its inquiry for a specified period or until a specified event occurs (for example, until the Minister provides the board with additional material):

    • (b) provide the board with additional material to consider.

    (2) The Minister must give public notice of a direction under subsection (1)(a), including the reasons for the direction.

    (3) A board of inquiry must suspend its inquiry in accordance with a direction under subsection (1)(a).

    Section 47A: inserted, on 1 October 2009, by section 48 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

48 Public notification of proposed national policy statement and inquiry
  • (1) As soon as practicable after its appointment, a board of inquiry shall ensure that notice of the proposed national policy statement and the inquiry is—

    • (a) published in a daily newspaper in each of the cities of Auckland, Wellington, Christchurch, and Dunedin; and

    • (b) served on every local authority in New Zealand and such other persons and authorities as the board of inquiry considers appropriate; and

    • (c) given such other public notification as the board of inquiry considers appropriate.

    (2) Every notice for the purposes of this section shall be in the prescribed form and shall state—

    • (a) a description of the proposed national policy statement; and

    • (ab) places at which the proposed national policy statement may be inspected or purchased; and

    • (b) that submissions on the proposed national policy statement may be made in writing by any person; and

    • (c) the closing date for submissions (which shall be not earlier than 20 working days after public notification).

    Section 48 heading: amended, on 20 May 2003, by section 21(1) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 48(1): amended, on 20 May 2003, by section 21(2) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 48(2)(ab): inserted, on 20 May 2003, by section 21(3) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 48(2)(b): amended, on 20 May 2003, by section 21(4) of the Resource Management Amendment Act 2003 (2003 No 23).

49 Submissions to board of inquiry
  • (1) Any person may make a submission to the board of inquiry about a proposed national policy statement which is notified in accordance with section 48.

    (2) Every submission shall be in writing, shall be served on the board of inquiry, and shall state whether or not the person making the submission wishes to be heard in respect of the submission, and shall also state any other matter prescribed in regulations made under this Act.

50 Conduct of hearing
  • (1) Sections 39 to 42A apply, with all necessary modifications, in respect of an inquiry by a board of inquiry into a proposed national policy statement as if every reference in those sections to—

    • (a) a consent authority or local authority were a reference to a board of inquiry; and

    • (b) a proposed policy statement were a reference to a proposed national policy statement.

    (2) The board of inquiry must give at least 10 working days' notice of the dates, times, and place of the hearing of the inquiry.

    (3) The Minister has the right to be heard at the hearing, despite anything in sections 39 to 42.

    (4) To avoid doubt, subsection (3) does not limit the right of other persons to be heard under section 40.

    Section 50: replaced, on 20 May 2003, by section 22 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 50(3): replaced, on 1 October 2009, by section 49 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 50(4): inserted, on 1 October 2009, by section 49 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

51 Matters to be considered and board of inquiry's report
  • (1) The board of inquiry must consider the following matters:

    • (a) the matters in Part 2; and

    • (b) the proposed national policy statement; and

    • (c) any submissions received on the proposed national policy statement; and

    • (d) any evidence received; and

    • (e) any other relevant matter.

    (2) After considering the matters, the board of inquiry must arrange for a report and recommendations to be made to the Minister within any terms of reference set by the Minister.

    Section 51: replaced, on 20 May 2003, by section 22 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 51(1)(ca): inserted, on 1 October 2009, by section 50 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

51A Withdrawal of proposed national policy statement
  • (1) The Minister may withdraw all or part of a proposed national policy statement at any time before the statement is approved under section 52(2).

    (2) The Minister must give public notice of the withdrawal, including the reasons for the withdrawal.

    (3) If a board of inquiry has not reported to the Minister under section 51(2) before public notice is given—

    • (a) withdrawing all matters the board was appointed to inquire into, the board is discharged on and from the date of the notice; or

    • (b) withdrawing any, but not all, of the matters the board was appointed to inquire into, the board must inquire into and report on only the matters that have not been withdrawn, despite any other section of this Act.

    Section 51A: inserted, on 1 October 2009, by section 51 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

52 Consideration of recommendations and approval or withdrawal of statement
  • (1) The Minister must consider a report and any recommendations made to him or her by a board of inquiry under section 51 and then may—

    • (a) make any changes, or no changes, to the proposed national policy statement as he or she thinks fit; or

    • (b) withdraw all or part of the proposed national policy statement and give public notice of the withdrawal, including the reasons for the withdrawal.

    (2) The Governor-General in Council may, on the recommendation of the Minister, approve a national policy statement.

    (3) The Minister must, as soon as practicable after a national policy statement has been approved,—

    • (a) issue the statement by notice in the Gazette; and

    • (b) publicly notify the statement and the report in whatever form he or she thinks appropriate and send a copy to every local authority; and

    • (c) provide every person who made a submission on the statement with a summary of the recommendations and a summary of the Minister’s decision on the recommendations (including reasons for not adopting any recommendations); and

    • (d) present a copy of the statement to the House of Representatives.

    Section 52: replaced, on 20 May 2003, by section 22 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 52 heading: amended, on 1 October 2009, by section 52(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 52(1): replaced, on 1 October 2009, by section 52(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 52(3)(c): replaced, on 1 October 2009, by section 52(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

53 Changes to or review or revocation of national policy statements
  • The Minister may review, change, or revoke a national policy statement after using one of the processes referred to in section 46A(1) in relation to the preparation of a national policy statement.

    Section 53: amended, on 10 August 2005, by section 34 of the Resource Management Amendment Act 2005 (2005 No 87).

54 Publication of national policy statements
  • When a national policy statement is issued, reviewed, changed, or revoked, the Minister shall—

    • (a) publish the statement, review, change, or revocation in whatever form he or she thinks appropriate; and

    • (b) send a copy of it to every local authority; and

    • (c) give public notice of its issue, review, change, or revocation.

55 Local authority recognition of national policy statements
  • (1) In subsections (2) and (2A), document means—

    • (a) a regional policy statement; or

    • (b) a proposed regional policy statement; or

    • (c) a proposed plan; or

    • (d) a plan; or

    • (e) a variation.

    (2) A local authority must amend a document, if a national policy statement directs so,—

    • (a) to include specific objectives and policies set out in the statement; or

    • (b) so that objectives and policies specified in the document give effect to objectives and policies specified in the statement.

    (2A) The local authority must—

    • (a) make the amendments referred to in subsection (2) without using the process in Schedule 1; and

    • (b) give public notice of the amendments within 5 working days after making them.

    (2B) The local authority must also make all other amendments to a document that are required to give effect to any provision in a national policy statement that affects the document.

    (2C) The local authority must make the amendments referred to in subsection (2B) using the process in Schedule 1.

    (2D) In all cases, the local authority must make the amendments—

    • (a) as soon as practicable; or

    • (b) within the time specified in the national policy statement (if any); or

    • (c) before the occurrence of an event specified in the national policy statement (if any).

    (3) A local authority must also take any other action that is specified in the national policy statement.

    (4) A national policy statement may include transitional provisions for any matter, including its effect on existing matters or proceedings.

    Section 55: replaced, on 20 May 2003, by section 23 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 55(1): replaced, on 10 August 2005, by section 35 of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 55(2): replaced, on 1 October 2009, by section 53 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 55(2A): replaced, on 1 October 2009, by section 53 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 55(2B): inserted, on 1 October 2009, by section 53 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 55(2C): inserted, on 1 October 2009, by section 53 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 55(2D): inserted, on 1 October 2009, by section 53 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

New Zealand coastal policy statements

56 Purpose of New Zealand coastal policy statements
  • The purpose of a New Zealand coastal policy statement is to state policies in order to achieve the purpose of this Act in relation to the coastal environment of New Zealand.

57 Preparation of New Zealand coastal policy statements
  • (1) There shall at all times be at least 1 New Zealand coastal policy statement prepared and recommended by the Minister of Conservation using one of the processes referred to in section 46A(1), as if references in sections 46 to 52 to the Minister were references to the Minister of Conservation and references to a national policy statement were references to a New Zealand coastal policy statement.

    (2) Sections 53, 54, and 55, with all necessary modifications, apply to a New Zealand coastal policy statement as if it were a national policy statement and as if references in those sections to the Minister were references to the Minister of Conservation.

    Section 57(1): amended, on 10 August 2005, by section 36 of the Resource Management Amendment Act 2005 (2005 No 87).

58 Contents of New Zealand coastal policy statements
  • A New Zealand coastal policy statement may state objectives and policies about any 1 or more of the following matters:

    • (a) national priorities for the preservation of the natural character of the coastal environment of New Zealand, including protection from inappropriate subdivision, use, and development:

    • (b) the protection of the characteristics of the coastal environment of special value to the tangata whenua including waahi tapu, tauranga waka, mahinga maataitai, and taonga raranga:

    • (c) activities involving the subdivision, use, or development of areas of the coastal environment:

    • (d) the Crown's interests in the coastal marine area:

    • (e) the matters to be included in 1 or more regional coastal plans in regard to the preservation of the natural character of the coastal environment, including the activities that are required to be specified as restricted coastal activities because the activities—

      • (i) have or are likely to have significant or irreversible adverse effects on the coastal marine area; or

      • (ii) relate to areas in the coastal marine area that have significant conservation value:

    • (f) the implementation of New Zealand's international obligations affecting the coastal environment:

    • (g) the procedures and methods to be used to review the policies and to monitor their effectiveness:

    • (ga) national priorities for maintaining and enhancing public access to and along the coastal marine area:

    • (gb) the protection of protected customary rights:

    • (h) any other matter relating to the purpose of a New Zealand coastal policy statement.

    Section 58: amended, on 10 August 2005, by section 37 of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 58(d): amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 58(e): replaced, on 1 October 2009, by section 54 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 58(ga): inserted, on 25 November 2004, by section 13 of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).

    Section 58(gb): inserted, on 25 November 2004, by section 13 of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).

    Section 58(gb): amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

58A Incorporation of material by reference in New Zealand coastal policy statements
  • A New Zealand coastal policy statement may incorporate material by reference under Schedule 1AA.

    Section 58A: inserted, on 10 August 2005, by section 38 of the Resource Management Amendment Act 2005 (2005 No 87).

Regional policy statements

59 Purpose of regional policy statements
  • The purpose of a regional policy statement is to achieve the purpose of the Act by providing an overview of the resource management issues of the region and policies and methods to achieve integrated management of the natural and physical resources of the whole region.

60 Preparation and change of regional policy statements
  • (1) There shall at all times be for each region 1 regional policy statement prepared by the regional council in the manner set out in Schedule 1.

    (2) A regional policy statement may be changed in the manner set out in Schedule 1, at the instigation of a Minister of the Crown, the regional council, or any territorial authority within or partly within the region.

61 Matters to be considered by regional council (policy statements)
  • (1) A regional council shall prepare and change its regional policy statement in accordance with its functions under section 30, the provisions of Part 2, and its duty under section 32 and any regulations.

    (2) In addition to the requirements of section 62(2), when preparing or changing a regional policy statement, the regional council shall have regard to—

    • (a) any—

      • (i) management plans and strategies prepared under other Acts; and

      • (ii) [Repealed]

      • (iia) relevant entry in the Historic Places Register; and

      • (iii) regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Maori customary fishing); and

      • (iv) [Repealed]

      to the extent that their content has a bearing on resource management issues of the region; and

    • (b) the extent to which the regional policy statement needs to be consistent with the policy statements and plans of adjacent regional councils; and

    (2A) When a regional council is preparing or changing a regional policy statement, it must deal with the following documents, if they are lodged with the council, in the manner specified, to the extent that their content has a bearing on the resource management issues of the region:

    • (a) the council must take into account any relevant planning document recognised by an iwi authority; and

    • (b) in relation to a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011, the council must, in accordance with section 93 of that Act,—

      • (i) recognise and provide for the matters in that document, to the extent that they relate to the relevant customary marine title area; and

      • (ii) take into account the matters in that document, to the extent that they relate to a part of the common marine and coastal area outside the customary marine title area of the relevant group.

    (3) In preparing or changing any regional policy statement, a regional council must not have regard to trade competition or the effects of trade competition.

    Section 61 heading: amended, on 17 December 1997, by section 11 of the Resource Management Amendment Act 1997 (1997 No 104).

    Section 61(2)(a)(ii): repealed, on 1 August 2003, by section 24(1) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 61(2)(a)(iia): inserted, on 1 July 1993, by section 118(2) of the Historic Places Act 1993 (1993 No 38).

    Section 61(2)(a)(iii): replaced, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

    Section 61(2)(a)(iv): repealed, on 1 August 2003, by section 24(1) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 61(2)(b): amended, on 28 June 2013, by section 176(2) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72).

    Section 61(2)(c): inserted, on 28 June 2013, by section 176(2) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72).

    Section 61(2A): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 61(3): inserted, on 17 December 1997, by section 11 of the Resource Management Amendment Act 1997 (1997 No 104).

    Section 61(3): amended, on 1 October 2009, by section 55 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

62 Contents of regional policy statements
  • (1) A regional policy statement must state—

    • (a) the significant resource management issues for the region; and

    • (b) the resource management issues of significance to iwi authorities in the region; and

    • (c) the objectives sought to be achieved by the statement; and

    • (d) the policies for those issues and objectives and an explanation of those policies; and

    • (e) the methods (excluding rules) used, or to be used, to implement the policies; and

    • (f) the principal reasons for adopting the objectives, policies, and methods of implementation set out in the statement; and

    • (g) the environmental results anticipated from implementation of those policies and methods; and

    • (h) the processes to be used to deal with issues that cross local authority boundaries, and issues between territorial authorities or between regions; and

    • (i) the local authority responsible in the whole or any part of the region for specifying the objectives, policies, and methods for the control of the use of land—

      • (i) to avoid or mitigate natural hazards or any group of hazards; and

      • (ii) to prevent or mitigate the adverse effects of the storage, use, disposal, or transportation of hazardous substances; and

      • (iii) to maintain indigenous biological diversity; and

    • (j) the procedures used to monitor the efficiency and effectiveness of the policies or methods contained in the statement; and

    • (k) any other information required for the purpose of the regional council's functions, powers, and duties under this Act.

    (2) If no responsibilities are specified in the regional policy statement for functions described in subsection (1)(i)(i) or (ii), the regional council retains primary responsibility for the function in subsection (1)(i)(i) and the territorial authorities of the region retain primary responsibility for the function in subsection (1)(i)(ii).

    (3) A regional policy statement must not be inconsistent with any water conservation order and must give effect to a national policy statement or New Zealand coastal policy statement.

    Section 62: replaced, on 1 August 2003, by section 25 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 62(1)(b): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Regional plans

63 Purpose of regional plans
  • (1) The purpose of the preparation, implementation, and administration of regional plans is to assist a regional council to carry out any of its functions in order to achieve the purpose of this Act.

    (2) Without limiting subsection (1), the purpose of the preparation, implementation, and administration of regional coastal plans is to assist a regional council, in conjunction with the Minister of Conservation, to achieve the purpose of this Act in relation to the coastal marine area of that region.

64 Preparation and change of regional coastal plans
  • (1) There shall at all times be, for all the coastal marine area of a region, 1 or more regional coastal plans prepared in the manner set out in Schedule 1.

    (2) A regional coastal plan may form part of a regional plan where it is considered appropriate in order to promote the integrated management of a coastal marine area and any related part of the coastal environment.

    (3) Where a regional coastal plan forms part of a regional plan, the Minister of Conservation shall approve only that part which relates to the coastal marine area.

    (4) A regional coastal plan may be changed in the manner set out in Schedule 1.

    Section 64(1): replaced, on 7 July 1993, by section 35 of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 64(1): amended, on 1 October 2011, by section 15 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

    Section 64(4): amended, on 1 October 2011, by section 15 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

64A Imposition of coastal occupation charges
  • (1) Unless a regional coastal plan or proposed regional coastal plan already addresses coastal occupation charges, in preparing or changing a regional coastal plan or proposed regional coastal plan, a regional council must consider, after having regard to—

    • (a) the extent to which public benefits from the coastal marine area are lost or gained; and

    • (b) the extent to which private benefit is obtained from the occupation of the coastal marine area,—

    whether or not a coastal occupation charging regime applying to persons who occupy any part of the common marine and coastal area should be included.

    (2) Where the regional council considers that a coastal occupation charging regime should not be included, a statement to that effect must be included in the regional coastal plan.

    (3) Where the regional council considers that a coastal occupation charging regime should be included, the council must, after having regard to the matters set out in paragraphs (a) and (b) of subsection (1), specify in the regional coastal plan—

    • (a) the circumstances when a coastal occupation charge will be imposed; and

    • (b) the circumstances when the regional council will consider waiving (in whole or in part) a coastal occupation charge; and

    • (c) the level of charges to be paid or the manner in which the charge will be determined; and

    • (d) in accordance with subsection (5), the way the money received will be used.

    (4) No coastal occupation charge may be imposed on any person occupying the coastal marine area unless the charge is provided for in the regional coastal plan.

    (4A) A coastal occupation charge must not be imposed on a protected customary rights group or customary marine title group exercising a right under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011.

    (5) Any money received by the regional council from a coastal occupation charge must be used only for the purpose of promoting the sustainable management of the coastal marine area.

    Section 64A: inserted, on 17 December 1997, by section 12 of the Resource Management Amendment Act 1997 (1997 No 104).

    Section 64A(1): amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 64A(4A): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

65 Preparation and change of other regional plans
  • (1) A regional council may prepare a regional plan for the whole or part of its region for any function specified in section 30(1)(c), (ca), (e), (f), (fa), (fb), (g), or (ga).

    (1A) A regional council given a direction under section 25A(1) must—

    • (a) prepare a regional plan that implements the direction; or

    • (b) prepare a change to its regional plan in a way that implements the direction; or

    • (c) prepare a variation to its regional plan in a way that implements the direction.

    (2) A plan must be prepared in accordance with Schedule 1.

    (3) Without limiting the power of a regional council to prepare a regional plan at any time, a regional council shall consider the desirability of preparing a regional plan whenever any of the following circumstances or considerations arise or are likely to arise:

    • (a) any significant conflict between the use, development, or protection of natural and physical resources or the avoidance or mitigation of such conflict:

    • (b) any significant need or demand for the protection of natural and physical resources or of any site, feature, place, or area of regional significance:

    • (c) any threat from natural hazards or any actual or potential adverse effects of the storage, use, disposal, or transportation of hazardous substances which may be avoided or mitigated:

    • (d) any foreseeable demand for or on natural and physical resources:

    • (e) any significant concerns of tangata whenua for their cultural heritage in relation to natural and physical resources:

    • (f) the restoration or enhancement of any natural and physical resources in a deteriorated state or the avoidance or mitigation of any such deterioration:

    • (g) the implementation of a national policy statement or New Zealand coastal policy statement:

    • (h) any use of land or water that has actual or potential adverse effects on soil conservation or air quality or water quality:

    • (i) any other significant issue relating to any function of the regional council under this Act.

    (4) Any person may request a regional council to prepare or change a regional plan in the manner set out in Schedule 1.

    (5) A regional plan may be changed by the regional council in the manner set out in Schedule 1.

    (6) A regional council must amend a proposed regional plan or regional plan to give effect to a regional policy statement, if—

    • (a) the statement contains a provision to which the plan does not give effect; and

    • (b) one of the following occurs:

      • (i) the statement is reviewed under section 79 and not changed or replaced; or

      • (ii) the statement is reviewed under section 79 and is changed or replaced and the change or replacement becomes operative; or

      • (iii) the statement is changed or varied and becomes operative.

    (7) A local authority must comply with subsection (6)—

    • (a) within the time specified in the statement, if a time is specified; or

    • (b) as soon as reasonably practicable, in any other case.

    Section 65(1): replaced, on 1 August 2003, by section 26 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 65(1): amended, on 10 August 2005, by section 39(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 65(1A): inserted, on 10 August 2005, by section 39(2) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 65(2): replaced, on 1 August 2003, by section 26 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 65(5): amended, on 7 July 1993, by section 36 of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 65(6): inserted, on 10 August 2005, by section 39(3) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 65(7): inserted, on 10 August 2005, by section 39(3) of the Resource Management Amendment Act 2005 (2005 No 87).

66 Matters to be considered by regional council (plans)
  • (1) A regional council shall prepare and change any regional plan in accordance with its functions under section 30, the provisions of Part 2, a direction given under section 25A(1), its duty under section 32, and any regulations.

    (2) In addition to the requirements of section 67(3) and (4), when preparing or changing any regional plan, the regional council shall have regard to—

    • (a) any proposed regional policy statement in respect of the region; and

    • (b) the Crown's interests in the coastal marine area; and

    • (c) any—

      • (i) management plans and strategies prepared under other Acts; and

      • (ii) [Repealed]

      • (iia) relevant entry in the Historic Places Register; and

      • (iii) regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Maori customary fishing); and

      • (iv) [Repealed]

      to the extent that their content has a bearing on resource management issues of the region; and

    • (d) the extent to which the regional plan needs to be consistent with the regional policy statements and plans, or proposed regional policy statements and proposed plans, of adjacent regional councils; and

    (2A) When a regional council is preparing or changing a regional plan, it must deal with the following documents, if they are lodged with the council, in the manner specified, to the extent that their content has a bearing on the resource management issues of the region:

    • (a) the council must take into account any relevant planning document recognised by an iwi authority; and

    • (b) in relation to a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011, the council must, in accordance with section 93 of that Act,—

      • (i) recognise and provide for the matters in that document, to the extent that they relate to the relevant customary marine title area; and

      • (ii) take into account the matters in that document, to the extent that they relate to a part of the common marine and coastal area outside the customary marine title area of the relevant group.

    (3) In preparing or changing any regional plan, a regional council must not have regard to trade competition or the effects of trade competition.

    Section 66 heading: amended, on 17 December 1997, by section 13 of the Resource Management Amendment Act 1997 (1997 No 104).

    Section 66(1): amended, on 10 August 2005, by section 40(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 66(2): amended, on 10 August 2005, by section 40(2) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 66(2)(b): amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 66(2)(c)(ii): repealed, on 1 August 2003, by section 27(1) of the Resource Management Amendment Act 2003 (2003 No 23).

    Subsection (2)(c)(iia): inserted, on 1 July 1993, by section 118(2) of the Historic Places Act 1993 (1993 No 38).

    Section 66(2)(c)(iii): replaced, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

    Section 66(2)(c)(iv): repealed, on 1 August 2003, by section 27(1) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 66(2)(d): amended, on 28 June 2013, by section 176(3) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72).

    Section 66(2)(e): inserted, on 28 June 2013, by section 176(3) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72).

    Section 66(2A): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 66(3): inserted, on 17 December 1997, by section 13 of the Resource Management Amendment Act 1997 (1997 No 104).

    Section 66(3): amended, on 1 October 2009, by section 56 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

67 Contents of regional plans
  • (1) A regional plan must state—

    • (a) the objectives for the region; and

    • (b) the policies to implement the objectives; and

    • (c) the rules (if any) to implement the policies.

    (2) A regional plan may state—

    • (a) the issues that the plan seeks to address; and

    • (b) the methods, other than rules, for implementing the policies for the region; and

    • (c) the principal reasons for adopting the policies and methods; and

    • (d) the environmental results expected from the policies and methods; and

    • (e) the procedures for monitoring the efficiency and effectiveness of the policies and methods; and

    • (f) the processes for dealing with issues—

      • (i) that cross local authority boundaries; or

      • (ii) that arise between territorial authorities; or

      • (iii) that arise between regions; and

    • (g) the information to be included with an application for a resource consent; and

    • (h) any other information required for the purpose of the regional council's functions, powers, and duties under this Act.

    (3) A regional plan must give effect to—

    • (a) any national policy statement; and

    • (b) any New Zealand coastal policy statement; and

    • (c) any regional policy statement.

    (4) A regional plan must not be inconsistent with—

    • (a) a water conservation order; or

    • (b) any other regional plan for the region; or

    • (c) [Repealed]

    (5) A regional plan must record how a regional council has allocated a natural resource under section 30(1)(fa) or (fb) and (4), if the council has done so.

    (6) A regional plan may incorporate material by reference under Part 3 of Schedule 1.

    Section 67: replaced, on 10 August 2005, by section 41 of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 67(4)(c): repealed, on 1 October 2011, by section 16 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

68 Regional rules
  • (1) A regional council may, for the purpose of—

    • (a) carrying out its functions under this Act (other than those described in paragraphs (a) and (b) of section 30(1)); and

    • (b) achieving the objectives and policies of the plan,—

    include rules in a regional plan.

    (2) Every such rule shall have the force and effect of a regulation in force under this Act but, to the extent that any such rule is inconsistent with any such regulation, the regulation shall prevail.

    (2A) Rules may be made under this section for the protection of other property (as defined in section 7 of the Building Act 2004) from the effects of surface water, which require persons undertaking building work to achieve performance criteria additional to, or more restrictive than, those specified in the building code as defined in section 7 of the Building Act 2004.

    (3) In making a rule, the regional council shall have regard to the actual or potential effect on the environment of activities, including, in particular, any adverse effect.

    (3A) [Repealed]

    (3B) [Repealed]

    (4) A rule may specify an activity as a restricted coastal activity only if the rule is in a regional coastal plan and the Minister of Conservation has required the activity to be so specified on the grounds that the activity—

    • (a) has or is likely to have significant or irreversible adverse effects on a coastal marine area; or

    • (b) occurs or is likely to occur in an area having significant conservation value.

    (5) A rule may—

    • (a) apply throughout the region or a part of the region:

    • (b) make different provision for—

      • (i) different parts of the region; or

      • (ii) different classes of effects arising from an activity:

    • (c) apply all the time or for stated periods or seasons:

    • (d) be specific or general in its application:

    • (e) require a resource consent to be obtained for an activity causing, or likely to cause, adverse effects not covered by the plan.

    (6) [Repealed]

    (7) Where a regional plan includes a rule relating to maximum or minimum levels or flows or rates of use of water, or minimum standards of water quality or air quality, or ranges of temperature or pressure of geothermal water, the plan may state—

    • (a) whether the rule shall affect, under section 130, the exercise of existing resource consents for activities which contravene the rule; and

    • (b) that the holders of resource consents may comply with the terms of the rule, or rules, in stages or over specified periods.

    (8) Where regulations have been made under section 360(1)(ha) deeming rules to be included in a regional coastal plan or proposed regional coastal plan, the relevant regional council shall, as soon as reasonably practicable after the date on which the regulations are made, revoked, or cease to apply to its region,—

    • (a) give public notice of the fact that such regulations have been made or revoked or have ceased to apply, as the case may be, and in such detail as the council considers appropriate, generally describe the nature of any rules deemed to be included in the plan or proposed plan by those regulations; and

    • (b) ensure that a copy of any regulations deeming rules to be included in the plan or proposed plan is annexed to, and appropriate annotations are made in, every copy of that plan or proposed plan that is under the regional council's control.

    (9) Notwithstanding anything to the contrary in this section, no rule of a regional coastal plan shall authorise as a permitted activity any of the following activities to which section 15A applies:

    • (a) the dumping in the coastal marine area of any waste or other matter from any ship, aircraft, or offshore installation:

    • (b) the dumping in the coastal marine area of any ship, aircraft, or offshore installation:

    • (c) the incineration in the coastal marine area of any waste or other matter in any marine incineration facility.

    (10) Subject to subsection (9), sections 69 and 70(2) shall, with all necessary modifications, apply to the inclusion of rules in regional coastal plans about the dumping of waste or other matter as if every reference in those provisions to a discharge of a contaminant included a reference to a dumping of waste or other matter.

    (11) A rule may exempt from its coverage an area or class of contaminated land if the rule—

    • (a) provides how the significant adverse effects on the environment that the hazardous substance has are to be remedied or mitigated; or

    • (b) provides how the significant adverse effects on the environment that the hazardous substance is reasonably likely to have are to be avoided; or

    • (c) treats the land as not contaminated for purposes stated in the rule.

    Section 68(1): amended, on 1 August 2003, by section 29(1) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 68(2A): replaced, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

    Section 68(3): amended, on 1 August 2003, by section 29(2) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 68(3A): repealed, on 1 August 2003, by section 29(3) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 68(3B): repealed, on 1 August 2003, by section 29(3) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 68(4): amended, on 1 August 2003, by section 29(4) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 68(5)(e): replaced, on 1 August 2003, by section 29(5) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 68(6): repealed, on 17 December 1997, by section 14 of the Resource Management Amendment Act 1997 (1997 No 104).

    Section 68(7): inserted, on 7 July 1993, by section 37(4) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 68(8): inserted, on 20 August 1998, by section 10 of the Resource Management Amendment Act 1994 (1994 No 105).

    Section 68(9): inserted, on 20 August 1998, by section 10 of the Resource Management Amendment Act 1994 (1994 No 105).

    Section 68(10): inserted, on 20 August 1998, by section 10 of the Resource Management Amendment Act 1994 (1994 No 105).

    Section 68(11): inserted, on 10 August 2005, by section 42 of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 68(11): amended, on 1 October 2009, by section 57 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

68A Regional coastal plan not to authorise aquaculture activities in coastal marine area as permitted activities
  • (1) Despite section 68, after the commencement of section 17 of the Resource Management Amendment Act (No 2) 2011 no rule may be included in a regional coastal plan which authorises as a permitted activity any aquaculture activity in the coastal marine area.

    (2) If, immediately before the commencement of section 17 of the Resource Management Amendment Act (No 2) 2011, a regional coastal plan contains a rule that authorises as a permitted activity any part of an aquaculture activity in the coastal marine area—

    • (a) any person may act, or continue to act, in accordance with the rule until any alteration of the rule has legal effect; but

    • (b) a regional council must, as soon as is reasonably practicable and not later than 2 years after the commencement of section 17 of the Resource Management Amendment Act (No 2) 2011, initiate a review of the rule under section 79 and propose to alter any provisions necessary to ensure compliance with subsection (1), in the manner set out in Part 1 of Schedule 1 and this Part.

    Section 68A: replaced, on 1 October 2011, by section 17 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

69 Rules relating to water quality
  • (1) Where a regional council—

    • (a) provides in a plan that certain waters are to be managed for any purpose described in respect of any of the classes specified in Schedule 3; and

    • (b) includes rules in the plan about the quality of water in those waters,—

    the rules shall require the observance of the standards specified in that schedule in respect of the appropriate class or classes unless, in the council's opinion, those standards are not adequate or appropriate in respect of those waters in which case the rules may state standards that are more stringent or specific.

    (2) Where a regional council provides in a plan that certain waters are to be managed for any purpose for which the classes specified in Schedule 3 are not adequate or appropriate, the council may state in the plan new classes and standards about the quality of water in those waters.

    (3) Subject to the need to allow for reasonable mixing of a discharged contaminant or water, a regional council shall not set standards in a plan which result, or may result, in a reduction of the quality of the water in any waters at the time of the public notification of the proposed plan unless it is consistent with the purpose of this Act to do so.

70 Rules about discharges
  • (1) Before a regional council includes in a regional plan a rule that allows as a permitted activity—

    • (a) a discharge of a contaminant or water into water; or

    • (b) a discharge of a contaminant onto or into land in circumstances which may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering water,—

    the regional council shall be satisfied that none of the following effects are likely to arise in the receiving waters, after reasonable mixing, as a result of the discharge of the contaminant (either by itself or in combination with the same, similar, or other contaminants):

    • (c) the production of conspicuous oil or grease films, scums or foams, or floatable or suspended materials:

    • (d) any conspicuous change in the colour or visual clarity:

    • (e) any emission of objectionable odour:

    • (f) the rendering of fresh water unsuitable for consumption by farm animals:

    • (g) any significant adverse effects on aquatic life.

    (2) Before a regional council includes in a regional plan a rule requiring the adoption of the best practicable option to prevent or minimise any actual or likely adverse effect on the environment of any discharge of a contaminant, the regional council shall be satisfied that, having regard to—

    • (a) the nature of the discharge and the receiving environment; and

    • (b) other alternatives, including a rule requiring the observance of minimum standards of quality of the environment,—

    the inclusion of that rule in the plan is the most efficient and effective means of preventing or minimising those adverse effects on the environment.

Rules relating to discharge of greenhouse gases

  • Heading: inserted, on 2 March 2004, by section 6 of the Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2).

70A Application to climate change of rules relating to discharge of greenhouse gases
  • Despite section 68(3), when making a rule to control the discharge into air of greenhouse gases under its functions under section 30(1)(d)(iv) or (f), a regional council must not have regard to the effects of such a discharge on climate change, except to the extent that the use and development of renewable energy enables a reduction in the discharge into air of greenhouse gases, either—

    • (a) in absolute terms; or

    • (b) relative to the use and development of non-renewable energy.

    Section 70A: inserted, on 2 March 2004, by section 6 of the Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2).

70B Implementation of national environmental standards
  • If a national environmental standard is made to control the effects on climate change of the discharge into air of greenhouse gases, a regional council may make rules that are necessary to implement the standard, provided the rules are no more or less restrictive than the standard.

    Section 70B: inserted, on 2 March 2004, by section 6 of the Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2).

    Section 70B heading: amended, on 10 August 2005, by section 43(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 70B: amended, on 10 August 2005, by section 43(2)(a) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 70B: amended, on 10 August 2005, by section 43(2)(b) of the Resource Management Amendment Act 2005 (2005 No 87).

71 Rules about esplanade reserves on reclamation
  • [Repealed]

    Section 71: repealed, on 7 July 1993, by section 38 of the Resource Management Amendment Act 1993 (1993 No 65).

District plans

72 Purpose of district plans
  • The purpose of the preparation, implementation, and administration of district plans is to assist territorial authorities to carry out their functions in order to achieve the purpose of this Act.

73 Preparation and change of district plans
  • (1) There shall at all times be 1 district plan for each district prepared by the territorial authority in the manner set out in Schedule 1.

    (1A) A district plan may be changed by a territorial authority in the manner set out in Schedule 1.

    (1B) A territorial authority given a direction under section 25A(2) must prepare a change to its district plan in a way that implements the direction.

    (2) Any person may request a territorial authority to change a district plan, and the plan may be changed in the manner set out in Schedule 1.

    (3) A district plan may be prepared in territorial sections.

    (4) A local authority must amend a proposed district plan or district plan to give effect to a regional policy statement, if—

    • (a) the statement contains a provision to which the plan does not give effect; and

    • (b) one of the following occurs:

      • (i) the statement is reviewed under section 79 and not changed or replaced; or

      • (ii) the statement is reviewed under section 79 and is changed or replaced and the change or replacement becomes operative; or

      • (iii) the statement is changed or varied and becomes operative.

    (5) A local authority must comply with subsection (4)—

    • (a) within the time specified in the statement, if a time is specified; or

    • (b) as soon as reasonably practicable, in any other case.

    Section 73(1A): inserted, on 7 July 1993, by section 39 of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 73(1B): inserted, on 10 August 2005, by section 44(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 73(4): inserted, on 10 August 2005, by section 44(2) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 73(5): inserted, on 10 August 2005, by section 44(2) of the Resource Management Amendment Act 2005 (2005 No 87).

74 Matters to be considered by territorial authority
  • (1) A territorial authority shall prepare and change its district plan in accordance with its functions under section 31, the provisions of Part 2, a direction given under section 25A(2), its duty under section 32, and any regulations.

    (2) In addition to the requirements of section 75(3) and (4), when preparing or changing a district plan, a territorial authority shall have regard to—

    • (a) any—

      • (i) proposed regional policy statement; or

      • (ii) proposed regional plan of its region in regard to any matter of regional significance or for which the regional council has primary responsibility under Part 4; and

    • (b) any—

      • (i) management plans and strategies prepared under other Acts; and

      • (ii) [Repealed]

      • (iia) relevant entry in the Historic Places Register; and

      • (iii) regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Maori customary fishing),—

      to the extent that their content has a bearing on resource management issues of the district; and

    • (c) the extent to which the district plan needs to be consistent with the plans or proposed plans of adjacent territorial authorities.

    (2A) A territorial authority, when preparing or changing a district plan, must take into account any relevant planning document recognised by an iwi authority and lodged with the territorial authority, to the extent that its content has a bearing on the resource management issues of the district.

    (3) In preparing or changing any district plan, a territorial authority must not have regard to trade competition or the effects of trade competition.

    Section 74(1): amended, on 10 August 2005, by section 45(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 74(2): amended, on 10 August 2005, by section 45(2) of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 74(2)(a): replaced, on 17 December 1997, by section 15(1) of the Resource Management Amendment Act 1997 (1997 No 104).

    Section 74(2)(b)(ii): repealed, on 1 August 2003, by section 31(1) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 74(2)(b)(iia): inserted, on 1 July 1993, by section 118(2) of the Historic Places Act 1993 (1993 No 38).

    Section 74(2)(b)(iii): replaced, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

    Section 74(2A): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 74(3): inserted, on 17 December 1997, by section 15(2) of the Resource Management Amendment Act 1997 (1997 No 104).

    Section 74(3): amended, on 1 October 2009, by section 58 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

75 Contents of district plans
  • (1) A district plan must state—

    • (a) the objectives for the district; and

    • (b) the policies to implement the objectives; and

    • (c) the rules (if any) to implement the policies.

    (2) A district plan may state—

    • (a) the significant resource management issues for the district; and

    • (b) the methods, other than rules, for implementing the policies for the district; and

    • (c) the principal reasons for adopting the policies and methods; and

    • (d) the environmental results expected from the policies and methods; and

    • (e) the procedures for monitoring the efficiency and effectiveness of the policies and methods; and

    • (f) the processes for dealing with issues that cross territorial authority boundaries; and

    • (g) the information to be included with an application for a resource consent; and

    • (h) any other information required for the purpose of the territorial authority's functions, powers, and duties under this Act.

    (3) A district plan must give effect to—

    • (a) any national policy statement; and

    • (b) any New Zealand coastal policy statement; and

    • (c) any regional policy statement.

    (4) A district plan must not be inconsistent with—

    • (a) a water conservation order; or

    (5) A district plan may incorporate material by reference under Part 3 of Schedule 1.

    Section 75: replaced, on 10 August 2005, by section 46 of the Resource Management Amendment Act 2005 (2005 No 87).

76 District rules
  • (1) A territorial authority may, for the purpose of—

    • (a) carrying out its functions under this Act; and

    • (b) achieving the objectives and policies of the plan,—

    include rules in a district plan.

    (2) Every such rule shall have the force and effect of a regulation in force under this Act but, to the extent that any such rule is inconsistent with any such regulation, the regulation shall prevail.

    (2A) Rules may be made under this section, for the protection of other property (as defined in section 7 of the Building Act 2004) from the effects of surface water, which require persons undertaking building work to achieve performance criteria additional to, or more restrictive than, those specified in the building code as defined in section 7 of the Building Act 2004.

    (3) In making a rule, the territorial authority shall have regard to the actual or potential effect on the environment of activities including, in particular, any adverse effect.

    (3A) [Repealed]

    (3B) [Repealed]

    (4) A rule may—

    • (a) apply throughout a district or a part of a district:

    • (b) make different provision for—

      • (i) different parts of the district; or

      • (ii) different classes of effects arising from an activity:

    • (c) apply all the time or for stated periods or seasons:

    • (d) be specific or general in its application:

    • (e) require a resource consent to be obtained for an activity causing, or likely to cause, adverse effects not covered by the plan.

    (4A) However, a rule must not prohibit or restrict the felling, trimming, damaging, or removal of any tree or group of trees in an urban environment unless the tree or group of trees is—

    • (a) specifically identified in the plan; or

    • (b) located within an area in the district that—

      • (i) is a reserve (within the meaning of section 2(1) of the Reserves Act 1977); or

    (4B) In subsection (4A), urban environment means an allotment no greater than 4 000 m2

    • (a) that is connected to a reticulated water supply system and a reticulated sewerage system; and

    • (b) on which is a building used for industrial or commercial purposes, or a dwellinghouse.

    (5) A rule may exempt from its coverage an area or class of contaminated land if the rule—

    • (a) provides how the significant adverse effects on the environment that the hazardous substance has are to be remedied or mitigated; or

    • (b) provides how the significant adverse effects on the environment that the hazardous substance is reasonably likely to have are to be avoided; or

    • (c) treats the land as not contaminated for purposes stated in the rule.

    Section 76(1): amended, on 1 August 2003, by section 33(1) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 76(2A): replaced, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

    Section 76(3): amended, on 1 August 2003, by section 33(2) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 76(3A): repealed, on 1 August 2003, by section 33(3) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 76(3B): repealed, on 1 August 2003, by section 33(3) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 76(4)(e): replaced, on 1 August 2003, by section 33(4) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 76(4A): inserted, on 1 October 2009, by section 59(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 76(4B): inserted, on 1 October 2009, by section 59(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 76(5): inserted, on 10 August 2005, by section 47 of the Resource Management Amendment Act 2005 (2005 No 87).

    Section 76(5): amended, on 1 October 2009, by section 59(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

77 Rules about esplanade reserves on subdivision and road stopping
  • (1) Subject to Part 2 and having regard to section 229 (purposes of esplanade reserves), a territorial authority may include a rule in its district plan which provides, in respect of any allotment of less than 4 hectares created when land is subdivided,—

    • (a) that an esplanade reserve which is required to be set aside shall be of a width greater or less than 20 metres:

    • (c) that instead of an esplanade reserve, an esplanade strip of the width specified in the rule may be created under section 232.

    (2) A territorial authority may include a rule in its district plan which provides that in respect of any allotment of 4 hectares or more created when land is subdivided, esplanade reserves or esplanade strips, of the width specified in the rule, shall be set aside or created, as the case may be, under section 230(5).

    (3) A territorial authority may include in its district plan a rule which provides—

    • (a) that esplanade reserves, required to be set aside under section 345(3) of the Local Government Act 1974, shall be of a width greater or less than 20 metres:

    • (b) that section 345(3) of the Local Government Act 1974 shall not apply.

    (4) Rules made under this section shall make provision for such matters as are appropriate in the circumstances of the district, and may apply—

    • (a) generally; or

    • (b) in a particular locality; or

    • (c) in particular circumstances.

    Section 77: replaced, on 7 July 1993, by section 41 of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 77(4): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Additional provisions for regional rules and district rules

  • Heading: inserted, on 1 August 2003, by section 34 of the Resource Management Amendment Act 2003 (2003 No 23).

77A Power to make rules to apply to classes of activities and specify conditions
  • (1) A local authority may—

    • (a) categorise activities as belonging to one of the classes of activity described in subsection (2); and

    • (b) make rules in its plan or proposed plan for each class of activity that apply—

      • (i) to each activity within the class; and

      • (ii) for the purposes of that plan or proposed plan; and

    • (c) specify conditions in a plan or proposed plan, but only if the conditions relate to the matters described in section 108 or 220.

    (2) An activity may be—

    • (a) a permitted activity; or

    • (b) a controlled activity; or

    • (c) a restricted discretionary activity; or

    • (d) a discretionary activity; or

    • (e) a non-complying activity; or

    • (f) a prohibited activity.

    (3) Subsection (1)(b) is subject to section 77B.

    Section 77A: replaced, on 1 October 2009, by section 60 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

77B Duty to include certain rules in relation to controlled or restricted discretionary activities
  • (1) Subsection (2) applies if a local authority makes a rule in its plan or proposed plan classifying an activity as a controlled activity.

    (2) The local authority must specify in the rule the matters over which it has reserved control in relation to the activity.

    (3) Subsection (4) applies if a local authority makes a rule in its plan or proposed plan classifying an activity as a restricted discretionary activity.

    (4) The local authority must specify in the rule the matters over which it has restricted its discretion in relation to the activity.

    Section 77B: replaced, on 1 October 2009, by section 60 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

77C Certain activities to be treated as discretionary activities or prohibited activities
  • [Repealed]

    Section 77C: repealed, on 1 October 2009, by section 61 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

77D Rules specifying activities for which consent applications must be notified or are precluded from being notified
  • A local authority may make a rule specifying the activities for which the consent authority—

    • (a) must give public notification of an application for a resource consent:

    • (b) is precluded from giving public notification of an application for a resource consent:

    • (c) is precluded from giving limited notification of an application for a resource consent.

    Section 77D: replaced, on 1 October 2009, by section 62 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Miscellaneous provisions

78 Withdrawal of proposed policy statements and plans
  • [Repealed]

    Section 78: repealed, on 7 July 1993, by section 42 of the Resource Management Amendment Act 1993 (1993 No 65).

78A Combined regional and district documents
  • [Repealed]

    Section 78A: repealed, on 1 October 2009, by section 63 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

79 Review of policy statements and plans
  • (1) A local authority must commence a review of a provision of any of the following documents it has, if the provision has not been a subject of a proposed policy statement or plan, a review, or a change by the local authority during the previous 10 years:

    • (a) a regional policy statement:

    • (b) a regional plan:

    • (c) a district plan.

    (2) If, after reviewing the provision, the local authority considers that it requires alteration, the local authority must, in the manner set out in Part 1 of Schedule 1 and this Part, propose to alter the provision.

    (3) If, after reviewing the provision, the local authority considers that it does not require alteration, the local authority must still publicly notify the provision—

    • (a) as if it were a change; and

    • (b) in the manner set out in Part 1 of Schedule 1 and this Part.

    (4) Without limiting subsection (1), a local authority may, at any time, commence a full review of any of the following documents it has:

    • (a) a regional policy statement:

    • (b) a regional plan:

    • (c) a district plan.

    (5) In carrying out a review under subsection (4), the local authority must review all the sections of, and all the changes to, the policy statement or plan regardless of when the sections or changes became operative.

    (6) If, after reviewing the statement or plan under subsection (4), the local authority considers that it requires alteration, the local authority must alter the statement or plan in the manner set out in Part 1 of Schedule 1 and this Part.

    (7) If, after reviewing the statement or plan under subsection (4), the local authority considers that it does not require alteration, the local authority must still publicly notify the statement or plan—

    • (a) as if it were a proposed policy statement or plan; and

    • (b) in the manner set out in Part 1 of Schedule 1 and this Part.

    (8) A provision of a policy statement or plan, or the policy statement or plan, as the case may be, does not cease to be operative because the provision, statement, or plan is due for review or is being reviewed under this section.

    (9) The obligations on a local authority under this section are in addition to its duty to monitor under section 35.

    Section 79: replaced, on 1 October 2009, by section 64 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

79A Circumstance when further review required
  • [Repealed]

    Section 79A: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

79B Consequence of review under section 79A
  • [Repealed]

    Section 79B: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

80 Combined regional and district documents
  • (1) Local authorities may prepare, implement, and administer the combined regional and district documents as set out in subsections (2) to (6).

    (2) A local authority may prepare, implement, and administer a document that meets the requirements of 2 or more of the following:

    • (a) a regional policy statement:

    • (b) a regional plan, including a regional coastal plan:

    • (c) a district plan.

    (3) Two or more territorial authorities may prepare, implement, and administer a combined district plan for the whole or any part of their combined districts.

    (4) Two or more regional councils may prepare, implement, and administer a document that meets the requirements of the following:

    • (a) a regional plan, including a regional coastal plan, for the whole or any part of their combined regions:

    • (b) a regional policy statement, for the whole or any part of their combined regions:

    • (c) a regional plan, including a regional coastal plan, and a regional policy statement, for the whole or any part of their combined regions.

    (5) One or more regional councils or territorial authorities may prepare, implement, and administer a combined regional and district plan for the whole or any part of their respective regions or districts.

    (6) A regional council and all the territorial authorities within the region may prepare, implement, and administer a document that meets the requirements of the following:

    • (a) a regional policy statement for the region; and

    • (b) a regional plan, including a regional coastal plan, for the region; and

    • (c) either—

      • (i) a district plan for each of the territorial authorities; or

      • (ii) a combined district plan for their combined districts.

    (7) Without limiting subsections (1) to (6), local authorities must consider the preparation of the appropriate combined document under this section whenever significant cross-boundary issues relating to the use, development, or protection of natural and physical resources arise or are likely to arise.

    (8) A combined document prepared under this section must clearly identify—

    • (a) the provisions of the document that are the regional policy statement, the regional plan, the regional coastal plan, or the district plan, as the case may be; and

    • (b) the objectives, policies, and methods set out or described in the document that have the effect of being provisions of the regional policy statement; and

    • (c) which local authority is responsible for observing, and enforcing the observance of, each provision of the document.

    (9) A combined document prepared under this section—

    • (a) must be prepared in accordance with Schedule 1; and

    • (b) when approved by a local authority is deemed, for the purposes of this Act, to be a plan or regional policy statement separately prepared and approved by that authority for its region or district, as the case may be.

    (10) Subsection (9)(b) applies whether or not the combined document is approved by any of the other local authorities concerned.

    (11) Clause 30 of Schedule 7 of the Local Government Act 2002 applies to the appointment and conduct of any joint committee set up for the purposes of preparing, implementing, or administering a combined document under this section.

    Section 80: replaced, on 1 October 2009, by section 66 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

81 Boundary adjustments
  • (1) Where the boundaries of any region or district are altered, and any area comes within the jurisdiction of a different local authority,—

    • (a) the plan or proposed plan that applied to the area before the alteration of the boundaries shall continue to apply to that area and shall, in so far as it applies to the area, be deemed to be part of the plan or proposed plan of the different local authority:

    • (b) any activity that may, before the alteration of the boundaries, have been undertaken under section 19 may continue to be undertaken as if the alteration of the boundaries had not taken place.

    (2) Where the boundaries of any district are altered so as to include within that district any area not previously within the boundaries of any other district, no person may use that land unless expressly allowed by a resource consent, until a district plan provides otherwise.

    (3) A territorial authority shall, as soon as practicable but within 2 years, make such changes to its district plans as it considers necessary to cover any area that comes within its jurisdiction, and, after the changes are made, this section shall cease to apply.

    Section 81(1)(b): amended, on 1 August 2003, by section 95 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 81(2): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

82 Disputes
  • (1) Subsection (2) applies if there is a dispute about—

    • (a) whether there is an inconsistency between a water conservation order and a regional policy statement or a plan; or

    • (b) whether there is an inconsistency between a regional policy statement or a regional plan and a district plan (including any rules of a plan) on a matter of regional significance; or

    • (c) whether a regional policy statement or a plan gives effect to a national policy statement or New Zealand coastal policy statement.

    (2) A Minister or local authority responsible for a relevant national policy statement, New Zealand coastal policy statement, policy statement, plan, or order may refer a dispute to the Environment Court for a decision resolving the matter.

    (3) If a dispute about whether there is an inconsistency described in subsection (1)(a) or (b) is referred to the court, and the court considers that there is an inconsistency, the court must order the authority responsible for the policy statement or plan to remove the inconsistency by initiating a change to the policy statement or plan using the process in Schedule 1.

    (4) If a dispute about whether a regional policy statement or a plan gives effect to a national policy statement or New Zealand coastal policy statement is referred to the court, and the court considers that the policy statement or plan does not give effect to the other policy statement, the court must order the authority responsible for the policy statement or plan to amend it in accordance with section 55.

    (5) However, the court does not need to make an order under subsection (3) or (4) if it considers that the inconsistency, or failure to give effect to the other policy statement, is of minor significance that does not affect the general intent and purpose of the policy statement, plan, or water conservation order concerned.

    (6) To avoid doubt, giving effect to a policy statement includes giving effect to it by complying with a direction described in section 55(2).

    Section 82: replaced, on 1 August 2003, by section 36 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 82(3): replaced, on 1 October 2009, by section 67 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 82(4): inserted, on 1 October 2009, by section 67 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 82(5): inserted, on 1 October 2009, by section 67 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 82(6): inserted, on 1 October 2009, by section 67 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

82A Dispute relating to review under section 79A
  • [Repealed]

    Section 82A: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

83 Procedural requirements deemed to be observed
  • A policy statement or plan that is held out by a local authority as being operative shall be deemed to have been prepared and approved in accordance with Schedule 1 and shall not be challenged except by an application for an enforcement order under section 316(3).

84 Local authorities to observe their own policy statements and plans
  • (1) While a policy statement or a plan is operative, the regional council or territorial authority concerned, and every consent authority, shall observe and, to the extent of its authority, enforce the observance of the policy statement or plan.

    (2) No purported grant of a resource consent, and no waiver or sufferance or departure from a policy statement or plan, whether written or otherwise, shall, unless authorised by this Act, have effect in so far as it is contrary to subsection (1).

85 Compensation not payable in respect of controls on land
  • (1) An interest in land shall be deemed not to be taken or injuriously affected by reason of any provision in a plan unless otherwise provided for in this Act.

    (2) Notwithstanding subsection (1), any person having an interest in land to which any provision or proposed provision of a plan or proposed plan applies, and who considers that the provision or proposed provision would render that interest in land incapable of reasonable use, may challenge that provision or proposed provision on those grounds—

    • (a) in a submission made under Part 1 of Schedule 1 in respect of a proposed plan or change to a plan; or

    • (b) in an application to change a plan made under clause 21 of Schedule 1.

    (3) Where, having regard to Part 3 (including the effect of section 9(3)) and the effect of subsection (1), the Environment Court determines that a provision or proposed provision of a plan or a proposed plan renders any land incapable of reasonable use, and places an unfair and unreasonable burden on any person having an interest in the land, the court, on application by any such person to change a plan made under clause 21 of Schedule 1, may—

    • (a) in the case of a plan or proposed plan (other than a regional coastal plan), direct the local authority to modify, delete, or replace the provision; and

    • (b) in the case of a regional coastal plan, report its findings to the applicant, the regional council concerned, and the Minister of Conservation, which report may include a direction to the regional council to modify, delete, or replace the provision.

    (4) Any direction given or report made under subsection (3) shall have effect under this Act as if it were made or given under clause 15 of Schedule 1.

    (5) In subsections (2) and (3), a provision of a plan or proposed plan does not include a designation or a heritage order or a requirement for a designation or heritage order.

    (6) In subsections (2) and (3), the term reasonable use, in relation to any land, includes the use or potential use of the land for any activity whose actual or potential effects on any aspect of the environment or on any person other than the applicant would not be significant.

    (7) Nothing in subsection (3) limits the powers of the Environment Court under clause 15 of Schedule 1 on an appeal under clause 14.

    Section 85(2)(a): amended, on 7 July 1993, by section 43(1)(a) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 85(2)(b): amended, on 7 July 1993, by section 43(1)(b) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 85(3): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 85(3): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

    Section 85(3): amended, on 7 July 1993, by section 43(2) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 85(7): amended, on 1 August 2003, by section 95 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 85(7): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

Plan must not allow activity that prevents protected customary rights

  • Heading: inserted, on 17 January 2005, by section 21 of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).

  • Heading: amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

85A Plan or proposed plan must not include certain rules
  • A plan or proposed plan must not include a rule that describes an activity as a permitted activity if that activity will, or is likely to, have an adverse effect that is more than minor on a protected customary right carried out under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011.

    Section 85A: inserted, on 17 January 2005, by section 21 of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).

    Section 85A: amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

85B Process to apply if plan or proposed plan does not comply with section 85A
  • (1) If a protected customary rights group considers that a rule in a plan or proposed plan does not comply with section 85A, the holder may—

    • (a) make a submission to the local authority concerned under clause 6 of Schedule 1; or

    • (b) request a change under clause 21 of Schedule 1; or

    • (c) apply to the Environment Court in accordance with section 293A(3) for a change to a rule in the plan or proposed plan.

    (2) A local authority or the Environment Court, as the case may be, in determining whether or not a rule in a plan or proposed plan complies with section 85A, must consider the following matters:

    • (a) the effects of the proposed activity on the exercise of a protected customary right; and

    • (b) the area that the proposed activity would have in common with the protected customary right; and

    • (c) the degree to which the proposed activity must be carried out to the exclusion of other activities; and

    • (d) the degree to which the exercise of a protected customary right must be carried out to the exclusion of other activities; and

    • (e) whether the protected customary right can be exercised only in a particular area.

    Section 85B: inserted, on 17 January 2005, by section 21 of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).

    Section 85B(1): amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 85B(1)(a): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 85B(2)(a): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 85B(2)(b): amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 85B(2)(d): amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 85B(2)(e): amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

86 Power to acquire land
  • (1) In addition to any power it may have to acquire land for any public work which it is authorised to undertake, a regional council or territorial authority may, while its plan is operative, acquire by agreement under the Public Works Act 1981 any land (including any interest in land) in its region or district, if, in accordance with the plan, the regional council or territorial authority considers it necessary or expedient to do so for any of the following purposes:

    • (a) terminating or preventing any non-complying or prohibited activity in relation to that land:

    • (b) facilitating activity in relation to that land that is in accordance with the objectives and policies of the plan.

    (2) Except as provided in section 185 and section 198, nothing in any plan shall impose on any regional council or territorial authority any obligation to acquire any land.

    (3) Every person having any interest in land taken for any purpose authorised by subsection (1) shall be entitled to all compensation which that person would be entitled to if the land had been acquired for a public work under the Public Works Act 1981.

Legal effect of rules

  • Heading: inserted, on 1 October 2009, by section 68 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

86A Purpose of sections 86B to 86G
  • (1) The purpose of sections 86B to 86G is to specify when a rule in a proposed plan or change described in section 86B(6) has legal effect.

    (2) Except to the extent that subsection (1) applies, sections 86B to 86G do not limit or affect the weight that a consent authority gives to objectives, policies, and other issues, reasons, or methods in plans before the plan becomes operative.

    Section 86A: inserted, on 1 October 2009, by section 68 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

86B When rules in proposed plans and changes have legal effect
  • (1) A rule in a proposed plan has legal effect only once a decision on submissions relating to the rule is made and publicly notified under clause 10(4) of Schedule 1, except if—

    • (a) subsection (3) applies; or

    • (b) the Environment Court, in accordance with section 86D, orders the rule to have legal effect from a different date (being the date specified in the court order); or

    • (c) the local authority concerned resolves that the rule has legal effect only once the proposed plan becomes operative in accordance with clause 20 of Schedule 1.

    (2) However, subsection (1)(c) applies only if—

    • (a) the local authority makes the decision before publicly notifying the proposed plan under clause 5 of Schedule 1; and

    • (b) the public notification includes the decision; and

    • (c) the decision is not subsequently rescinded (in which case the rule has legal effect from a date determined in accordance with section 86C).

    (3) A rule in a proposed plan has immediate legal effect if the rule—

    • (a) protects or relates to water, air, or soil (for soil conservation); or

    • (b) protects areas of significant indigenous vegetation; or

    • (c) protects areas of significant habitats of indigenous fauna; or

    • (d) protects historic heritage; or

    • (e) provides for or relates to aquaculture activities.

    (4) For the purposes of subsection (2)(c), a decision is rescinded if—

    • (a) the local authority publicly notifies that the decision is rescinded; and

    • (b) the public notice includes a statement of the decision to which it relates and the date on which the recision was made.

    (5) For the purposes of subsection (3), immediate legal effect means legal effect on and from the date on which the proposed plan containing the rule is publicly notified under clause 5 of Schedule 1.

    (6) [Repealed]

    Section 86B: inserted, on 1 October 2009, by section 68 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 86B(3)(e): replaced, on 1 October 2011, by section 18(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

    Section 86B(6): repealed, on 1 October 2011, by section 18(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

86C When rule has legal effect if decision to delay its effect is rescinded
  • (1) This section applies to a rule to which section 86B(1)(c) applies that is rescinded (within the meaning of subsection (4) of that section).

    (2) The rule has legal effect from the later of—

    • (a) the day after the date on which the local authority concerned publicly notifies that the decision in relation to the rule is rescinded:

    • (b) the day that a decision on submissions relating to the rule is made and publicly notified under clause 10(4) of Schedule 1.

    Section 86C: inserted, on 1 October 2009, by section 68 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

86D Environment Court may order rule to have legal effect from date other than standard date
  • (1) In this section, rule means a rule—

    • (a) in a proposed plan or change; and

    (2) A local authority may apply before or after the proposed plan is publicly notified under clause 5 of Schedule 1 to the Environment Court for a rule to have legal effect from a date other than the date on which the decision on submissions relating to the rule is made and publicly notified under clause 10(4) of Schedule 1.

    (3) If the court grants the application, the order must specify the date from which the rule is to have legal effect, being a date no earlier than the later of—

    • (a) the date that the proposed plan is publicly notified; and

    • (b) the date of the court order.

    Section 86D: inserted, on 1 October 2009, by section 68 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

86E Local authorities must identify rules having early or delayed legal effect
  • (1) A local authority must clearly identify any rule in a proposed plan that has legal effect from a date other than the date on which the decision on submissions relating to the rule is made and publicly notified under clause 10(4) of Schedule 1—

    • (a) at the time the proposed plan is notified under clause 5 of the schedule; or

    • (b) as soon as practicable after the date is determined, if the rule concerned is the subject of an application under section 86D and the application is not determined before the proposed plan is notified.

    (2) A local authority must clearly identify any rule of a type described in section 86B(6) at the time the change containing the rule is publicly notified.

    (3) The identification of a rule in a proposed plan or change under subsection (1) or (2)—

    • (a) does not form part of the proposed plan or change; and

    • (b) may be removed, without any further authority than this subsection, by the local authority once the plan or change becomes operative in accordance with clause 20 of Schedule 1.

    Section 86E: inserted, on 1 October 2009, by section 68 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

86F When rules in proposed plans must be treated as operative
  • A rule in a proposed plan must be treated as operative (and any previous rule as inoperative) if the time for making submissions or lodging appeals on the rule has expired and, in relation to the rule,—

    • (a) no submissions in opposition have been made or appeals have been lodged; or

    • (b) all submissions in opposition and appeals have been determined; or

    • (c) all submissions in opposition have been withdrawn and all appeals withdrawn or dismissed.

    Section 86F: inserted, on 1 October 2009, by section 68 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

86G Rule that has not taken legal effect or become operative excluded from references to rule in this Act and regulations made under this Act
  • (1) A reference in this Act or in any regulations made under it to a rule in a proposed plan or a change does not include a reference to a rule in the proposed plan or change that—

    • (a) has not taken legal effect in accordance with section 86B; or

    (2) Subsection (1) applies subject to any express provision to the contrary in this Act.

    Section 86G: inserted, on 1 October 2009, by section 68 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Part 6
Resource consents

87AA This Part subject to Part 6A
  • This Part applies subject to Part 6A.

    Section 87AA: inserted, on 26 March 2002, by section 7 of the Resource Management (Aquaculture Moratorium) Amendment Act 2002 (2002 No 5).

87 Types of resource consents
  • In this Act, the term resource consent means any of the following:

    • (a) a consent to do something that otherwise would contravene section 9 or section 13 (in this Act called a land use consent):

    • (b) a consent to do something that otherwise would contravene section 11 (in this Act called a subdivision consent):

    • (c) a consent to do something in a coastal marine area that otherwise would contravene any of sections 12, 14, 15, 15A, and 15B (in this Act called a coastal permit):

    • (d) a consent to do something (other than in a coastal marine area) that otherwise would contravene section 14 (in this Act called a water permit):

    • (e) a consent to do something (other than in a coastal marine area) that otherwise would contravene section 15 (in this Act called a discharge permit).

    Section 87(c): amended, on 20 August 1998, by section 17 of the Resource Management Amendment Act 1997 (1997 No 104).

    Section 87(c): amended, on 20 August 1998, by section 11 of the Resource Management Amendment Act 1994 (1994 No 105).

87A Classes of activities
  • (1) If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a permitted activity, a resource consent is not required for the activity if it complies with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.

    (2) If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a controlled activity, a resource consent is required for the activity and—

    • (a) the consent authority must grant a resource consent except if—

      • (ii) section 55(2) of the Marine and Coastal Area (Takutai Moana) Act 2011 applies; and

    • (b) the consent authority's power to impose conditions on the resource consent is restricted to the matters over which control is reserved (whether in its plan or proposed plan, a national environmental standard, or otherwise); and

    • (c) the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.

    (3) If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a restricted discretionary activity, a resource consent is required for the activity and—

    • (a) the consent authority's power to decline a consent, or to grant a consent and to impose conditions on the consent, is restricted to the matters over which discretion is restricted (whether in its plan or proposed plan, a national environmental standard, or otherwise); and

    • (b) if granted, the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.

    (4) If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a discretionary activity, a resource consent is required for the activity and—

    • (a) the consent authority may decline the consent or grant the consent with or without conditions; and

    • (b) if granted, the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.

    (5) If an activity is described in this Act, regulations (including a national environmental standard), a plan, or a proposed plan as a non-complying activity, a resource consent is required for the activity and the consent authority may—

    • (a) decline the consent; or

    • (b) grant the consent, with or without conditions, but only if the consent authority is satisfied that the requirements of section 104D are met and the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.

    (6) If an activity is described in this Act, regulations (including a national environmental standard), or a plan as a prohibited activity,—

    • (a) no application for a resource consent may be made for the activity; and

    • (b) the consent authority must not grant a consent for it.

    (7) However, subsection (6) does not apply to a concurrent application lodged under subpart 4 of Part 7A.

    Section 87A: inserted, on 1 October 2009, by section 69 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 87A(2)(a): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 87A(6): amended, on 1 October 2011, by section 19(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

    Section 87A(7): inserted, on 1 October 2011, by section 19(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

87B Certain activities to be treated as discretionary activities or prohibited activities
  • (1) An application for a resource consent for an activity must, with the necessary modifications, be treated as an application for a resource consent for a discretionary activity if—

    • (a) Part 3 requires a resource consent to be obtained for the activity and there is no plan or proposed plan, or no relevant rule in a plan or proposed plan; or

    • (b) a plan or proposed plan requires a resource consent to be obtained for the activity, but does not classify the activity as controlled, restricted discretionary, discretionary, or non-complying under section 77A; or

    • (c) a rule in a proposed plan describes the activity as a prohibited activity and the rule has not become operative.

    (2) Prospecting, exploring, or mining for Crown owned minerals in the internal waters (as defined in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977) of the Coromandel Peninsula must be treated as a prohibited activity.

    (3) Subsection (2) does not apply to prospecting, exploring, or mining activities set out in section 61(1A) of the Crown Minerals Act 1991.

    (4) An activity prohibited by section 105(2)(b) of the Historic Places Act 1993 must be treated as a prohibited activity.

    Section 87B: inserted, on 1 October 2009, by section 69 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Streamlining decision-making on resource consents

  • Heading: inserted, on 1 October 2009, by section 69 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

87C Sections 87D to 87I apply to resource consent applications
  • (1) Sections 87D to 87I apply when an applicant wants one of the following applications to be determined by the Environment Court instead of by a consent authority:

    • (a) an application for a resource consent that has been notified:

    • (b) an application to change or cancel a condition of a resource consent that has been notified.

    (2) If the application is called in under section 142(2), sections 87D to 87I cease to apply to it.

    Section 87C: inserted, on 1 October 2009, by section 69 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

87D Request for application to go directly to Environment Court
  • (1) The applicant must request the relevant consent authority to allow the application to be determined by the Environment Court instead of by the consent authority.

    (2) The applicant must make the request in the period—

    • (a) starting on the day on which the application is made; and

    • (b) ending 5 working days after the date on which the period for submissions on the application closes.

    (3) The applicant must make the request electronically or in writing on the prescribed form.

    Section 87D: inserted, on 1 October 2009, by section 69 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

87E Consent authority’s decision on request
  • (1) If the consent authority determines under section 88(3) that the application is incomplete, it must return the request with the application without making a decision on the request. Section 88(4) and (5) apply to the application.

    (2) If the consent authority receives the request after it has determined that the application will not be notified, it must return the request.

    (3) If the consent authority receives the request before it has determined whether the application will be notified, it must defer its decision on the request until after it has decided whether to notify the application and then apply either subsection (4) or (5).

    (4) If the consent authority decides not to notify the application, it must return the request.

    (5) If the consent authority decides to notify the application, it must give the applicant its decision on the request within 15 working days after the date of the decision on notification.

    (6) In any other case, the consent authority must give the applicant its decision on the request within 15 working days after receiving the request.

    (7) No submitter has a right to be heard by the consent authority on a request.

    (8) If the consent authority returns or declines the request, it must give the applicant its reasons, in writing or electronically, at the same time as it gives the applicant its decision.

    (9) If the consent authority declines the request under subsection (5) or (6) the applicant may object to the consent authority under section 357A(1)(e).

    Section 87E: inserted, on 1 October 2009, by section 69 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

87F Consent authority's subsequent processing
  • (1) If the consent authority does not grant the applicant's request under section 87D, the consent authority must continue to process the application.

    (2) If the consent authority grants the applicant's request under section 87D, the consent authority must continue to process the application and must comply with subsections (3) to (5).

    (3) The consent authority must prepare a report on the application within the longer of the following periods:

    • (a) the period that ends 20 working days after the date on which the period for submissions on the application closes:

    • (b) the period that ends 20 working days after the date on which the authority decides to grant the request.

    (4)  In the report, the consent authority may—

    • (a) address issues that are set out in sections 104 to 112 to the extent that they are relevant to the application; and

    • (b) suggest conditions that it considers should be imposed if the Environment Court grants the application.

    (5) As soon as is reasonably practicable after the report is prepared, the consent authority must provide a copy to—

    • (a) the applicant; and

    • (b) every person who made a submission on the application.

    Section 87F: inserted, on 1 October 2009, by section 69 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

87G Environment Court determines application
  • (1) Subsection (2) applies to an applicant who—

    • (b) continues to want the application to be determined by the Environment Court instead of by a consent authority.

    (2) The applicant must,—

    • (a) within 10 working days after receiving the report, lodge with the Environment Court a notice of motion in the prescribed form specifying the orders sought and the grounds upon which the application is made, and a supporting affidavit as to the matters giving rise to the application; and

    • (b) as soon as is reasonably practicable after lodging the notice of motion, serve a copy of the notice of motion and affidavit on—

      • (i) the consent authority that granted the applicant's request under section 87D; and

      • (ii) every person who made a submission to the authority on the application; and

    • (c) tell the Registrar of the Environment Court when the copies have been served.

    (3) A consent authority served under subsection (2)(b)(i) must, without delay, provide the Environment Court with—

    • (a) the application to which the notice of motion relates; and

    • (b) the authority's report on the application; and

    • (c) all the submissions on the application that the authority received; and

    • (d) all the information and reports on the application that the authority was supplied with.

    (4) Section 274 applies to the notice of motion.

    (5) Part 11 applies to proceedings under this section.

    (6) If considering a matter that is an application for a resource consent, the court must apply sections 104 to 112 and 138A as if it were a consent authority.

    (7) If considering a matter that is an application for a change to or cancellation of conditions of a resource consent, the court must apply sections 104 to 112 as if—

    • (a) it were a consent authority and the application were an application for resource consent for a discretionary activity; and

    • (b) every reference to a resource consent and to the effects of the activity were, respectively, a reference to the change or cancellation of a condition and the effects of the change or cancellation.

    (8) However, in the case of an application for a coastal permit for aquaculture activities, for the purposes of section 107F(3)(b) or (c), the consent authority must obtain from the Environment Court any additional information, reports, or submissions not previously forwarded or sent under that section and forward or send the information, report, and submissions to the chief executive of the Ministry of Fisheries.

    Section 87G: inserted, on 1 October 2009, by section 69 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 87G(8): inserted, on 1 October 2011, by section 20 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

87H Residual powers of consent authority
  • The consent authority that would have determined the application had the Environment Court not done so under section 87G has all the functions, duties, and powers in relation to a resource consent granted by the court as if it had granted the consent itself.

    Section 87H: inserted, on 1 October 2009, by section 69 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

87I When consent authority must determine application
  • (1) This section applies when—

    • (b) either—

      • (i) the applicant advises the authority that the applicant does not intend to lodge a notice of motion with the Environment Court under section 87G(2); or

      • (ii) the applicant does not lodge a notice of motion with the Environment Court under section 87G(2); and

    • (c) the applicant continues to want the application determined.

    (2) The application must be determined by the consent authority.

    Section 87I: inserted, on 1 October 2009, by section 69 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Application for resource consent

88 Making an application
  • (1) A person may apply to the relevant consent authority for a resource consent.

    (2) An application must—

    • (a) be made in the prescribed form and manner; and

    • (b) include, in accordance with Schedule 4, an assessment of environmental effects in such detail as corresponds with the scale and significance of the effects that the activity may have on the environment.

    (2A) An application for a coastal permit to undertake an aquaculture activity must include a copy for the Ministry of Fisheries.

    (3) If an application does not include an adequate assessment of environmental effects or the information required by regulations, a consent authority may, within 5 working days after the application was first lodged, determine that the application is incomplete and return the application, with written reasons for the determination, to the applicant.

    (4) If, after an application has been returned as incomplete, that application is lodged again with the consent authority, that application is to be treated as a new application.

    (5) Sections 357 to 358 apply to a determination that an application is incomplete.

    Section 88: replaced, on 1 August 2003, by section 37 of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 88(1): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 88(2A): inserted, on 1 October 2011, by section 21 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

    Section 88(3): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 88(4): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 88(5): amended, on 10 August 2005, by section 50 of the Resource Management Amendment Act 2005 (2005 No 87).

88A Description of type of activity to remain the same
  • (1) Subsection (1A) applies if—

    • (a) an application for a resource consent has been made under section 88 or 145; and

    • (b) the type of activity (being controlled, restricted, discretionary, or non-complying) for which the application was made, or that the application was treated as being made under section 87B, is altered after the application was first lodged as a result of—

      • (i) a proposed plan being notified; or

      • (ii) a decision being made under clause 10(1) of Schedule 1; or

      • (iii) otherwise.

    (1A) The application continues to be processed, considered, and decided as an application for the type of activity that it was for, or was treated as being for, at the time the application was first lodged.

    (2) Notwithstanding subsection (1), any plan or proposed plan which exists when the application is considered must be had regard to in accordance with section 104(1)(b).

    (3) [Repealed]

    Section 88A: inserted, on 17 December 1997, by section 18 of the Resource Management Amendment Act 1997 (1997 No 104).

    Section 88A(1): replaced, on 1 August 2003, by section 38(1) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 88A(1)(a): amended, on 1 October 2009, by section 70(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 88A(1)(b): amended, on 1 October 2009, by section 70(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 88A(1)(b)(ii): amended, on 1 October 2009, by section 70(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 88A(1A): inserted, on 1 August 2003, by section 38(1) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 88A(2): amended, on 1 August 2003, by section 38(2) of the Resource Management Amendment Act 2003 (2003 No 23).

    Section 88A(3): repealed, on 1 October 2009, by section 70(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

88B Time limits from which time periods are excluded
  • (1) Subsection (2) lists the time limits from which certain time periods must be excluded. Subsection (3) lists the time periods that must be excluded from the time limits.

    (2) The time limits are those in the following provisions:

    • (a) section 95, which deals with the time limit for notification:

    • (b) section 41B(6) and (7), which deal with the time limits for the commencement of a hearing if a direction is given under section 41B:

    • (c) section 87F(3), which deals with the time limit for the preparation of a consent authority report where an application is to be determined by the Environment Court under section 87G:

    • (d) section 101(2), which deals with the time limits for the commencement of a hearing if no direction is given under section 41B:

    • (e) section 115, which deals with the time limit for notification of the decision on an application for a resource consent:

    • (f) section 173, which deals with the time limit for notification of the decision on a designation:

    • (g) section 198D(3), which deals with the time limit for the preparation of a territorial authority report where an application is to be determined by the Environment Court under section 198E:

    • (h) section 198J(2), which deals with the time limit for the preparation of a territorial authority report where an application is to be determined by the Environment Court under section 198K.

    (3) The time periods are those described in the following provisions:

    (4) Despite subsection (3), any applicable time periods described in section 88D(2) and (8) must not be excluded from the time limits in section 95.

    Section 88B: replaced, on 1 October 2009, by section 71 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

88C Excluded time periods relating to provision of further information
  • (1) Subsection (2) applies when—

    • (a) an authority has requested an applicant, under section 92(1), to provide further information on the applicant's application; and

    • (b) the request is the first request made by the authority to the applicant under that provision—

      • (i) at all; or

      • (ii) after the closing date for submissions.

    (2) The period that must be excluded from every applicable provision listed in section 88B(2) is the period—

    • (a) starting with the date of the request under section 92(1); and

    • (b) ending as follows:

      • (i) if the applicant provides the information within 15 working days, the date on which the applicant provides the information:

      • (ii) if the applicant agrees within 15 working days to provide the information and provides the information, the date on which the applicant provides the information:

      • (iii) if the applicant agrees within 15 working days to provide the information and does not provide the information, the date set under section 92A(2)(a):

      • (iv) if the applicant does not respond to the request within 15 working days, the date on which the period of 15 working days ends:

      • (v) if the applicant refuses within 15 working days to provide the information, the date on which the applicant refuses to provide the information.

    (3) Subsection (4) applies when—

    • (a) an authority has notified an applicant, under section 92(2)(b), of its wish to commission a report; and

    • (b) the applicant agrees, under section 92B(1), to the commissioning of the report.

    (4) The period that must be excluded from every applicable provision listed in section 88B(2) is the period—

    • (b) ending with the date on which the authority receives the report.

    (5) Subsection (6) applies when—

    • (a) an authority has notified an applicant, under section 92(2)(b), of its wish to commission a report; and

    • (b) the applicant does not agree, under section 92B(1), to the commissioning of the report.

    (6) The period that must be excluded from every applicable provision listed in section 88B(2) is the period—

    • (b) ending with the earlier of the following:

      • (i) the date on which the period of 15 working days ends; and

      • (ii) the date on which the authority receives the applicant's refusal, under section 92B(1), to agree to the commissioning of the report.

    Section 88C: replaced, on 1 October 2009, by section 71 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

88D Excluded time periods relating to direct referral (for resource consents and also for notices of requirement)
  • (1) Subsection (2) applies when an applicant makes a request under section 87D(1).

    (2) The period that must be excluded from every applicable provision listed in section 88B(2) (except section 88B(2)(a)) is the period—

    • (a) starting with the date on which the consent authority receives the request; and

    • (b) ending with the earliest of the following:

      • (i) if section 87E(5) applies, the date on which the 15 working days end:

      • (ii) if section 87E(6) applies, the date on which the 15 working days end:

      • (iii) the date on which the authority gives the applicant the authority's decision on the request.

    (3) Subsection (4) applies when an applicant objects to a consent authority against the authority's decision not to grant the applicant's request under section 87D.

    (4) The period that must be excluded from every applicable provision listed in section 88B(2) is the period—

    • (a) starting with the date on which the consent authority receives the objection; and

    • (b) ending with the date on which the authority notifies the applicant of its decision on the objection.

    (5) Subsection (6) applies when an applicant receives a report provided under section 87F(5)(a).

    (6) The period that must be excluded from every applicable provision listed in section 88B(2) is the period—

    • (a) starting with the date on which the consent authority provides the report; and

    • (b) ending with the earlier of the following:

      • (ii) the date on which the applicant notifies the authority, in writing or electronically, that the applicant does not intend to lodge a notice of motion under section 87G(2)(a) (if the applicant chooses to notify the authority of this).

    (7) Subsection (8) applies when a requiring authority or heritage protection authority makes a request under section 198B(1).

    (8) The period that must be excluded from every applicable provision listed in section 88B(2) (except section 88B(2)(a)) is the period—

    • (a) starting with the date on which the territorial authority receives the request; and

    • (b) ending with the earliest of the following:

      • (i) if section 198C(4) applies, the date on which the 15 working days end:

      • (ii) if section 198C(5) applies, the date on which the 15 working days end:

      • (iii) the date on which the authority gives the requiring authority or heritage protection authority the authority's decision on the request.

    (9) Subsection (10) applies when a requiring authority or heritage protection authority objects to a territorial authority against the authority's decision not to grant the requiring authority's or heritage protection authority's request under section 198B(1).

    (10) The period that must be excluded from every applicable provision listed in section 88B(2) is the period—

    • (a) starting with the date on which the territorial authority receives the objection; and

    • (b) ending with the date on which the authority notifies the requiring authority or heritage protection authority of its decision on the objection.

    (11) Subsection (12) applies when a requiring authority or heritage protection authority receives a report provided under section 198D(5)(a).

    (12) The period that must be excluded from every applicable provision listed in section 88B(2) is the period—

    • (a) starting with the date on which the territorial authority provides the report; and

    • (b) ending with the earlier of the following:

      • (ii) the date on which the requiring authority or heritage protection authority notifies the territorial authority, in writing or electronically, that the requiring authority or heritage protection authority does not intend to lodge a notice of motion under section 198E(2)(a) (if the requiring authority or heritage protection authority chooses to notify the territorial authority of this).

    (13) Subsection (14) applies when a territorial authority provides a report under section 198J(4).

    (14) The period that must be excluded from every applicable provision listed in section 88B(2) is the period—

    • (a) starting with the date on which the territorial authority provides the report; and

    • (b) ending with the earlier of the following:

      • (ii) the date on which the territorial authority decides not to lodge a notice of motion under section 198K(1)(a) (if it decides this).

    Section 88D: inserted, on 1 October 2009, by section 71 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

88E Excluded time periods relating to other matters
  • (1) Subsection (2) applies when a consent authority determines, under section 91(1), not to proceed with the notification or hearing of an application for a resource consent.

    (2) The period that must be excluded from every applicable provision listed in section 88B(2) is the period—

    • (a) starting with the date of the notification of the determination to the applicant under section 91(2); and

    • (b) ending with—

      • (i) the date of the receipt of applications for the resource consents that the authority considers, under section 91(1)(b), should be applied for; or

      • (ii) the date of an Environment Court order revoking the authority's determination.

    (3) Subsection (4) applies when an applicant tries, for the purposes of sections 95E(3) and 95F, to obtain the approval of persons who may be adversely affected.

    <