(1) In this Act, unless the context otherwise requires,—
Abatement notice means a notice served under section 322
access rights has the same meaning as in section 5 of the Foreshore and Seabed Act 2004
access rights: this definition was inserted, as from 25 November 2004, by section 3(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.
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 to that Act)
Access strip: this definition was inserted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
accredited means to hold a qualification approved and notified under section 39A
accredited: this definition was inserted, as from 10 August 2005, by section 4(1) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.
adverse effects assessment means an assessment carried out—
adverse effects assessment: this definition was inserted, as from 25 November 2004, by section 3(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.
adverse effects report means a written report prepared—
adverse effects report: this definition was inserted, as from 25 November 2004, by section 3(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.
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
Aircraft: this definition was inserted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
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
Airport: this definition was inserted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
Allotment has the meaning set out in section 218
Amendment means an alteration to a proposed policy statement or plan made under clause 16 of Schedule 1
Amendment: this definition was inserted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
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 40, 41B, 41C, and 42A, means the person who initiated a matter described in section 39(1):
applicant: this definition was inserted, as from 10 August 2005, by section 4(1) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.
aquaculture activities—
(a) means 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
aquaculture activities: this definition was inserted, as from 26 March 2002, by section 4 Resource Management (Aquaculture Moratorium) Amendment Act 2002 (2002 No 5).
aquaculture activities: this definition was substituted, as from 1 January 2005, by section 4(2) Resource Management Amendment Act (No 2) 2004 (2004 No 103).
aquaculture management area—
aquatic life has the same meaning as in section 2(1) of the Fisheries Act 1996
aquatic life: this definition was inserted, as from 1 January 2005, by section 4(3) Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Bed means,—
Bed: this definition was substituted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
Benefits and costs includes benefits and costs of any kind, whether monetary or non-monetary
Benefits and costs: this definition was inserted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
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—
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
biological diversity: this definition was inserted, as from 1 August 2003, by section 3(1) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
board, in relation to a foreshore and seabed reserve, has the same meaning as in section 5 of the Foreshore and Seabed Act 2004
board: this definition was inserted, as from 25 November 2004, by section 3(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.
Board of inquiry means a board of inquiry appointed under section 146 to consider an application for a resource consent or a board of inquiry appointed under section 47
Board of inquiry: this definition was amended, as from 1 August 2003, by section 3(2) Resource Management Amendment Act 2003 (2003 No 23) by substituting the expression “47”
for the expression “46”
. See sections 109 to 113 of that Act as to the transitional and savings provisions.
Certificate of compliance means a certificate granted by a local authority under section 139
Certificate of compliance: this definition was amended, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65) by substituting the word “local”
for the word “territorial”
.
Change includes a change proposed by a local authority to an operative policy statement or plan under Part 1 of Schedule 1 and a change proposed by any person to a policy statement or plan under Part 2 of Schedule 1
Change: this definition was substituted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
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
climate change: this definition was inserted, as from 2 March 2004, by section 4 Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2). See sections 8 and 9 of that Act for transitional provisions relating to applications and rules made before 2 March 2004.
Coastal marine area means the foreshore, seabed, and coastal water, and the air space above the water—
Coastal marine area: this definition was amended, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “the foreshore, seabed, and coastal water, and the air space above the water”
for the words “that area of the foreshore and seabed”
.
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—
(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
commercial fishing: this definition was inserted, as from 1 January 2005, by section 4(3) Resource Management Amendment Act (No 2) 2004 (2004 No 103).
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—
and includes a licence within the meaning of section 121A of the Land Transfer Act 1952
Company lease: this definition was amended, as from 1 July 1994, by section 4 Land Transfer Amendment Act 1993 (1993 No 124) by substituting the words “section 121A of the Land Transfer Act 1952”
for the words “Part 1 of the Companies Amendment Act 1964”
.
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 the Minister of Conservation, 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 authority: this definition was substituted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
Consent notice means a notice issued under section 221
Constable means any member of the Police
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:
Contaminant: this definition was amended, as from 1 August 2003, by section 3(3) Resource Management Amendment Act 2003 (2003 No 23) by inserting the words “odorous compounds,”
after the word “gases,”
. See sections 109 to 113 of that Act as to the transitional and savings provisions.
contaminated land means land of 1 of the following kinds
contaminated land: this definition was inserted, as from 10 August 2005, by section 4(1) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.
Contravene includes fail to comply with
controlled activity means an activity described in section 77B(2)
controlled activity: this definition was substituted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
controlled activity: this definition was substituted, as from 1 August 2003, by section 3(4) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
Costs and benefits
[Repealed]
Costs and benefits: this definition was repealed, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
Cross lease means a lease of any building or part of any building on, or to be erected on, any land—
customary rights order has the same meaning as in section 5 of the Foreshore and Seabed Act 2004
customary rights order: this definition was inserted, as from 25 November 2004, by section 3(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.
Declaration means a declaration about any of the matters set out in section 310 made by the Environment Court under section 313 or section 313A
Declaration: the words “Environment Court”
were substituted, as from 2 September 1996, for the words “Planning Tribunal”
pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).
Declaration: this definition was amended, as from 10 August 2005, by section 4(2) Resource Management Amendment Act 2005 (2005 No 87) by adding the words “or section 313A”
. See sections 131 to 135 of that Act as to the transitional provisions. Though the words “or section 313A”
have been added to this definition, in fact no new section 313A has been included in this Act. The thrust of the proposed section 313A included in the Bill to the Resource Management Amendment Act 2005 (2005 No 87) seems to have been included, instead, in new section 313(2) and (3) of this Act, inserted by section 117 of that Act.
Designation has the meaning set out in section 166
determination has the same meaning as in section 2(1) of the Fisheries Act 1996
determination: this definition was inserted, as from 1 January 2005, by section 4(3) Resource Management Amendment Act (No 2) 2004 (2004 No 103).
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
Director of Maritime New Zealand or Director: this definition was substituted, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98).
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 77B(4)
Discretionary activity: this definition was substituted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
discretionary activity: this definition was substituted, as from 1 August 2003, by section 3(5) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
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:
District: this definition was substituted, as from 17 December 1997, by section 2(1) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions.
District: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
District plan means an operative plan approved by a territorial authority under Schedule 1; and includes all operative changes to such a plan (whether arising from a review or otherwise)
District rule means a rule made as part of a district plan or proposed district plan in accordance with sections 76 and 77A
District rule: this definition was amended, as from 17 December 1997, by section 2(2) Resource Management Amendment Act 1997 (1997 No 104) by inserting the words “or proposed district plan”
. See section 78 of that Act as to the transitional provisions.
District rule: this definition was amended, as from 1 August 2003, by section 3(6) Resource Management Amendment Act 2003 (2003 No 23) by substituting the words “sections 76 and 77A”
for the expression “section 76”
. See sections 109 to 113 of that Act as to the transitional and savings provisions.
Dumping means,—
(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
Dumping: this definition was inserted, as from 1 February 1995, by section 2(2) Resource Management Amendment Act 1994 (1994 No 105). See clause 2 Resource Management Amendment Act Commencement Order 1994 (SR 1994/271).
Dumping: this definition was substituted, as from 17 December 1997, by section 2(8) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions.
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
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—
(d) The social, economic, aesthetic, and cultural conditions which affect the matters stated in paragraphs (a) to (c) of this definition or which are affected by those matters:
Environment Court means the Environment Court referred to in section 247
Environment Court: the Environment Court replaced the Planning Tribunal, as from 2 September 1996, pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).
Esplanade reserve means a reserve within the meaning of the Reserves Act 1977—
Esplanade reserve: this definition was substituted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
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
Esplanade strip: this definition was inserted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
Excessive noise has the meaning set out in section 326
existing use certificate means a certificate issued under section 139A
existing use certificate: this definition was inserted, as from 10 August 2005, by section 4(1) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.
Exploration has the same meaning as in the Crown Minerals Act 1991
Exploration: this definition was inserted, as from 26 November 1997, by section 4(2) Crown Minerals Amendment Act (No 2) 1997 (1997 No 91). See section 4(2) of that Act as to the savings provisions.
fish has the same meaning as in section 2(1) of the Fisheries Act 1996
fish: this definition was inserted, as from 1 January 2005, by section 4(3) Resource Management Amendment Act (No 2) 2004 (2004 No 103).
fisheries resources has the same meaning as in section 2(1) of the Fisheries Act 1996
fisheries resources: this definition was inserted, as from 1 January 2005, by section 4(3) Resource Management Amendment Act (No 2) 2004 (2004 No 103).
fishing has the same meaning as in section 2(1) of the Fisheries Act 1996
fishing: this definition was inserted, as from 1 January 2005, by section 4(3) Resource Management Amendment Act (No 2) 2004 (2004 No 103).
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
foreshore and seabed reserve has the same meaning as in section 5 of the Foreshore and Seabed Act 2004
foreshore and seabed reserve: this definition was inserted, as from 25 November 2004, by section 3(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.
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
Government road
[Repealed]
Government road: this definition was repealed, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
greenhouse gas has the meaning given to it in section 4(1) of the Climate Change Response Act 2002
greenhouse gas: this definition was inserted, as from 2 March 2004, by section 4 Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2). See sections 8 and 9 of that Act for transitional provisions relating to applications and rules made before 2 March 2004.
Harmful substance means any substance prescribed by regulations as a harmful substance for the purposes of this definition
Harmful substance: this definition was inserted, as from 1 February 1995, by section 2(2) Resource Management Amendment Act 1994 (1994 No 105). See clause 2 Resource Management Amendment Act Commencement Order 1994 (SR 1994/271).
harvestable spat has the same meaning as in section 2(1) of the Fisheries Act 1996
harvestable spat: this definition was inserted, as from 1 January 2005, by section 4(3) Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Heritage order has the meaning set out in section 187
Heritage protection authority has the meaning set out in section 187
historic heritage—
historic heritage: this definition was inserted, as from 1 August 2003, by section 3(7) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
holder, in relation to a customary rights order, has the same meaning as in section 5 of the Foreshore and Seabed Act 2004
holder: this definition was inserted, as from 25 November 2004, by section 3(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.
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
Incineration: this definition was inserted, as from 1 February 1995, by section 2(2) Resource Management Amendment Act 1994 (1994 No 105). See clause 2 Resource Management Amendment Act Commencement Order 1994 (SR 1994/271).
Industrial or trade premises means—
(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
but does not include any production land
Industrial or trade premises: this definition (that part after paragraph (c)) was amended, as from 17 December 1997, by section 2(3) Resource Management Amendment Act 1997 (1997 No 104) by omitting the words “and includes any factory farm;”
. See section 78 of that Act as to the transitional provisions.
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—
(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—
(g) structures for transport on land by cycleways, rail, roads, walkways, or any other means:
infrastructure: this definition was inserted, as from 10 August 2005, by section 4(1) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.
Interim enforcement order means an order made under section 320
Intrinsic values, in relation to ecosystems, means those aspects of ecosystems and their constituent parts which have value in their own right, including—
(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—
(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
(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
joint management agreement: this definition was inserted, as from 10 August 2005, by section 4(1) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.
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
Kaitiakitanga: this definition was substituted, as from 17 December 1997, by section 2(4) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions.
Lake means a body of fresh water which is entirely or nearly surrounded by land
Lake: this definition was amended, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65) by omitting the words “, and for the purposes of Part 10 only means a lake whose bed has an area of 8 hectares or more”
.
Land includes land covered by water and the air space above land
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
management plan, in relation to a foreshore and seabed reserve, has the same meaning as in section 5 of the Foreshore and Seabed Act 2004
management plan: this definition was inserted, as from 25 November 2004, by section 3(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.
marine farming
[Repealed]
marine farming: this definition was inserted, as from 26 March 2002, by section 4 Resource Management (Aquaculture Moratorium) Amendment Act 2002 (2002 No 5).
marine farming: this definition was repealed, as from 1 January 2005, by section 4(1) Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Maritime New Zealand means the authority continued by section 429 of the Maritime Transport Act 1994
Maritime New Zealand: this definition was substituted, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98).
Mineral has the same meaning as in section 2(1) of the Crown Minerals Act 1991
Mineral: this definition was substituted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
Mining has the same meaning as in the Crown Minerals Act 1991
Mining: this definition was inserted, as from 26 November 1997, by section 4(2) Crown Minerals Amendment Act (No 2) 1997 (1997 No 91). See section 4(2) of that Act as to the savings provisions.
Minister means the Minister for the Environment
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
Mouth: the words “Environment Court”
were substituted, as from 2 September 1996, for the words “Planning Tribunal”
pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).
national environmental standard means a standard prescribed by regulations made under section 43
national environmental standard: this definition was inserted, as from 10 August 2005, by section 4(1) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.
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
non-complying activity means an activity described in section 77B(5)
Non-complying activity: this definition was substituted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
Non-complying activity: this definition was substituted, as from 17 December 1997, by section 2(5) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions.
Non-complying activity: this definition was substituted, as from 1 August 2003, by section 3(8) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
notice of decision means—
notice of decision: this definition was inserted, as from 1 August 2003, by section 3(8) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
Occupier means—
(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:
Occupier: paragraph (b) of this definition was repealed, as from 1 July 2003, by section 138(1) Local Government (Rating) Act 2002 (2002 No 6). See section 138(2) of that Act for the savings provision that provides that the Acts and regulations continue in force to the extent necessary for the levying and collection of rates made or levied for the financial year ending on 30 June 2003 or a previous financial year.
occupy means the activity of occupying any part of the coastal marine area—
(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
occupy: this definition was inserted, as from 1 January 2005, by section 4(3) Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Open coastal water means coastal water that is remote from estuaries, fiords, inlets, harbours, and embayments
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 has become operative in terms of clause 20 of Schedule 1 and has not ceased to be operative
permitted activity means an activity described in section 77B(1)
permitted activity: this definition was substituted, as from 1 August 2003, by section 3(9) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
Person includes the Crown, a corporation sole, and also a body of persons, whether corporate or unincorporate
Planning Tribunal and Tribunal
[Repealed]
Planning Tribunal and Tribunal: this definition was repealed, as from 17 December 1997, by section 2(6) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions.
Policy statement means a regional policy statement
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
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):
and production has a corresponding meaning
Production land: paragraph (b) of this definition was amended, as from 17 December 1997, by section 2(7) Resource Management Amendment Act 1997 (1997 No 104) by omitting the words “or used for factory farming;”
. See section 78 of that Act as to the transitional provisions.
prohibited activity means an activity described in section 77B(7)
Prohibited activity this definition was amended, as from 1 July 1993, by section 118(2) Historic Places Act 1993 (1993 No 38) by adding the words “; and includes any activity prohibited by section 105(2)(b) of the Historic Places Act 1993”
.
Prohibited activity: this definition was amended, as from 26 November 1997, by section 4(1) Crown Minerals Amendment Act (No 2) 1997 (1997 No 91) by inserting the words “and any 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, other than those prospecting, exploration, or mining activities set out in section 61(1A) of the Crown Minerals Act 1991”
. See section 4(2) of that Act as to the savings provisions.
prohibited activity: this definition was substituted, as from 1 August 2003, by section 3(10) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
Proposed plan means a proposed plan, or variation to a proposed plan, or change to a plan that has been notified under clause 5 of Schedule 1 but has not become operative in terms of clause 20 of Schedule 1; but does not include a proposed plan or change originally requested by a person other than a local authority or a Minister of the Crown, unless the proposed plan or change is adopted and notified by the local authority under clause 25(2)(a) of Schedule 1
Proposed plan: this definition was substituted, as from 2 September 1996, by section 2 Resource Management Amendment Act 1996 (1996 No 160).
Prospecting has the same meaning as in the Crown Minerals Act 1991
Prospecting: this definition was inserted, as from 26 November 1997, by section 4(2) Crown Minerals Amendment Act (No 2) 1997 (1997 No 91). See section 4(2) of that Act as to the savings provisions.
public authority,—
public authority: this definition was inserted, as from 10 August 2005, by section 4(1) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.
public foreshore and seabed has the same meaning as in section 5 of the Foreshore and Seabed Act 2004
public foreshore and seabed: this definition was inserted, as from 25 November 2004, by section 3(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.
public notice means a notice published in a newspaper circulating in the entire area likely to be affected by the proposal to which the notice relates
public notice: this definition was substituted, as from 1 August 2003, by section 3(11) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
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
Raft: this definition was inserted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
recognised customary activity is an activity, use, or practice carried on, exercised, or followed under a customary rights order
recognised customary activity: this definition was inserted, as from 25 November 2004, by section 3(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.
region, in relation to a regional council, means the region of the regional council as determined in accordance with the Local Government Act 2002
Region: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
Regional coastal plan means an operative plan approved by the Minister of Conservation under Schedule 1 and includes all operative changes to such a plan (whether arising from a review or otherwise)
regional council—
Regional Council: this definition was substituted, as from 1 November 1995, by section 35 Chatham Islands Council Act 1995 (1995 No 41).
Regional Council: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
regional council: this definition was substituted, as from 25 November 2004, by section 3(2) Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.
Regional plan means an operative plan (including a regional coastal plan) approved by a regional council or the Minister of Conservation under Schedule 1; and includes all operative changes to such a plan (whether arising from a review or otherwise)
Regional policy statement means an operative regional policy statement approved by a regional council under Schedule 1; and includes all operative changes to such a policy statement (whether arising from a review or otherwise)
Regional road
[Repealed]
Regional road: this definition was repealed, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
Regional rule means a rule made as part of a regional plan or proposed regional plan in accordance with section 68 and section 77A
Regional rule: this definition was amended, as from 17 December 1997, by section 2(8) Resource Management Amendment Act 1997 (1997 No 104) by inserting the words “or proposed regional plan”
. See section 78 of that Act as to the transitional provisions.
regional rule: this definition was amended, as from 1 August 2003, by section 3(12) Resource Management Amendment Act 2003 (2003 No 23) by inserting the words “and section 77A”
. See sections 109 to 113 of that Act as to the transitional and savings provisions.
Regulations means regulations made under this Act
Requiring authority has the meaning set out in section 166
renewable energy means energy produced from solar, wind, hydro, geothermal, biomass, tidal, wave, and ocean current sources
renewable energy: this definition was inserted, as from 2 March 2004, by section 4 Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2). See sections 8 and 9 of that Act for transitional provisions relating to applications and rules made before 2 March 2004.
reservation has the same meaning as in section 2(1) of the Fisheries Act 1996
reservation: this definition was inserted, as from 1 January 2005, by section 4(3) Resource Management Amendment Act (No 2) 2004 (2004 No 103).
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—
restricted discretionary activity means an activity described in section 77B(3)
restricted discretionary activity: this definition was inserted, as from 1 August 2003, by section 3(13) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
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)
River: this definition was substituted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
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 means a district rule or a regional rule
seaweed has the same meaning as in section 2(1) of the Fisheries Act 1996
seaweed: this definition was inserted, as from 1 January 2005, by section 4(3) Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Serve means serve in accordance with section 352 or section 353
soil conservation means avoiding, remedying, or mitigating soil erosion and maintaining the physical, chemical, and biological qualities of soil
soil conservation: this definition was inserted, as from 1 August 2003, by section 3(14) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
space, in relation to the coastal marine area, means any part of the foreshore, seabed, and coastal water, and the air space above the water
space: this definition was inserted, as from 1 January 2005, by section 4(3) Resource Management Amendment Act (No 2) 2004 (2004 No 103).
spat
[Repealed]
spat: this definition was inserted, as from 26 March 2002, by section 4 Resource Management (Aquaculture Moratorium) Amendment Act 2002 (2002 No 5).
spat: this definition was repealed, as from 1 January 2005, by section 4(1) Resource Management Amendment Act (No 2) 2004 (2004 No 103).
spat catching
[Repealed]
spat catching: this definition was inserted, as from 26 March 2002, by section 4 Resource Management (Aquaculture Moratorium) Amendment Act 2002 (2002 No 5).
spat catching: this definition was repealed, as from 1 January 2005, by section 4(1) Resource Management Amendment Act (No 2) 2004 (2004 No 103).
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
Structure: this definition was amended, as from 7 July 1993, by section 2(18) Resource Management Amendment Act 1993 (1993 No 65) by adding the words “; 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 submission and, in relation to the preparation or change of a policy statement or plan, includes any submission made under clause 8 of Schedule 1 in support of or in opposition to an original submission
Submission: this definition was amended, as from 7 July 1993, by section 2(19) Resource Management Amendment Act 1993 (1993 No 65) by substituting the expression “8”
for the expression “6”
.
Survey plan means a plan 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 or with the Registrar of Deeds; and any Crown plan prepared for a similar purpose as the case requires, and includes—
taking
[Repealed]
taking: this definition was inserted, as from 26 March 2002, by section 4 Resource Management (Aquaculture Moratorium) Amendment Act 2002 (2002 No 5).
taking: this definition was repealed, as from 1 January 2005, by section 4(1) Resource Management Amendment Act (No 2) 2004 (2004 No 103).
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 authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
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 plan has the same meaning as in section 2 of the Unit Titles Act 1972; and includes a proposed unit development plan within the meaning of that Act but does not include a stage unit plan or a complete unit plan within the meaning of that Act
Variation means alteration by a local authority to a proposed policy statement, plan, or change under clause 16A of Schedule 1
Variation: this definition was inserted, as from 7 July 1993, by section 2(20) Resource Management Amendment Act 1993 (1993 No 65).
Waste or other matter means materials and substances of any kind, form, or description
Waste or other matter: this definition was inserted, as from 1 February 1995, by section 2(2) Resource Management Amendment Act 1994 (1994 No 105). See clause 2 Resource Management Amendment Act Commencement Order 1994 (SR 1994/271).
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
working day: this definition was substituted, as from 1 August 2003, by section 3(15) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
aquaculture management area: this definition was inserted, as from 26 March 2002, by section 4 Resource Management (Aquaculture Moratorium) Amendment Act 2002 (2002 No 5).
aquaculture management area: this definition was substituted, as from 1 January 2005, by section 4(2) Resource Management Amendment Act (No 2) 2004 (2004 No 103).