New Zealand Legislation: Acts
Acts are laws made by Parliament
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as at 5 August 2009
| Public Act | 1991 No 69 |
| Date of assent | 22 July 1991 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Ministry for the Environment.
12A Restrictions on aquaculture activities in coastal marine area and on other activities in aquaculture management areas
12B Continuation of coastal permit for aquaculture activities if aquaculture management area ceases to exist
15C Prohibitions in relation to radioactive waste or other radioactive matter and other waste in coastal marine area
Recognised customary activities
Effect of certain changes to plans
Functions, powers, and duties of Ministers
Functions, powers, and duties of local authorities
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
Waivers and extension of time limits
Powers and duties in relation to hearings
National environmental standards
New Zealand coastal policy statements
68A Aquaculture activities [Repealed]
Rules relating to discharge of greenhouse gases
71 Rules about esplanade reserves on reclamation [Repealed]
Additional provisions for regional rules and district rules
Plan must not allow activity that prevents recognised customary activities
Application for resource consent
89 Applications to territorial authorities for resource consents where land is in the coastal marine area
Pre-hearing meetings and mediation
Decisions on applications relating to discharge of greenhouse gases
107C Circumstances when written approval for resource consent required from holder of customary rights order
Decisions on applications relating to non-aquaculture activities
Review of consent conditions by consent authority
Certificates of compliance or existing use
Decisions on proposals of national significance
150E Transitional provision [Repealed]
Certain coastal permits continued
165BC Certain applications not to be processed or determined until aquaculture management area established in regional coastal plan
Aquaculture management areas and occupation of coastal marine area
Allocation of space in coastal marine area
165J Allocation of space in aquaculture management area for aquaculture activities subject to reservation relating to commercial fishing
Allocation by offer of authorisations
165X Aquaculture management areas may not be established in excluded areas as result of requests for changes
165ZJ Additional criteria for considering applications for permits for space already used for aquaculture activities
183 Review of designation which has not lapsed [Repealed]
Approval and deposit of survey plans
237A Vesting of ownership of land in coastal marine area or bed of lake or river in the Crown or territorial authority
Conditions as to amalgamation of land
Company leases and cross leases
244 Company leases and cross leases [Repealed]
Environment Judges and alternate Environment Judges
Environment Commissioners and Deputy Environment Commissioners
Removal and resignation of members
Miscellaneous provisions relating to Environment Court
Constitution of Environment Court
Conferences and additional dispute resolution
271A Submitter may be party to proceedings [Repealed]
Appeals, inquiries, and other proceedings before Environment Court
Environment Court's powers in regard to plans and policy statements
Decisions of Environment Court
Appeals from Environment Court decisions
339C Amount of fine or other monetary penalty recoverable by distress and sale of ship or from agent
343 Discharges from ships [Repealed]
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]
351 Regulations [Repealed]
Transitional regional coastal plans
Provisions relating to all plans
Transitional notices, directions, etc
Transitional resource consents
392 Provisions of Clean Air Act 1972 may be considered on applications for resource consents for discharging contaminants into the air [Expired]
394 Transitional provisions relating to setting aside of esplanade reserves on reclamation [Repealed]
396A Notification of lapsing, cancellation, or surrender of coastal permit for marine farming [Repealed]
398 Regional councils not to accept applications for coastal permits in areas notified by Minister of Fisheries [Repealed]
412 Expiry of certain sections [Repealed]
Current mining privileges relating to water
Schedule 1AA
Incorporation of documents by reference in national environmental standards, national policy statements, and New Zealand coastal policy statements
An Act to restate and reform the law relating to the use of land, air, and water
BE IT ENACTED by the Parliament of New Zealand as follows:
(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 the 1st day of October 1991.
(3) [Repealed]
Subsection (3) was repealed, as from 2 July 2001, by section 149 Hazardous Substances and New Organisms Act 1996 (1996 No 30). See Parts 11 to 16 of that Act (comprising sections 151 to 259) as to the transitional provisions. See clause 2 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (SR 2001/171).
(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 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)
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
(b) by a regional council under section 17B(1)(a), in accordance with Part 2 of Schedule 12
adverse effects report means a written report prepared—
(a) by the Minister of Conservation in accordance with Part 1 of Schedule 12; or
(b) by a regional council under section 17B(1)(b), in accordance with Part 2 of Schedule 12
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:
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
amendment means an alteration to a proposed policy statement or plan made under clause 16 of Schedule 1
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):
(b) in sections 141 to 150AA, has the meaning given to it by section 140
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
(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
aquaculture management area—
(a) means an area established as an aquaculture management area in accordance with section 165AB; and
(b) includes part of an aquaculture management area
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
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 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
certificate of compliance means a certificate granted by a local authority under section 139
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
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
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 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 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 of 1 of the following kinds:
(a) if there is an applicable national environmental standard on contaminants in soil, the land is more contaminated than the standard allows; or
(b) if there is no applicable national environmental standard on contaminants in soil, the land has a hazardous substance in or on it that—
(i) has significant adverse effects on the environment; or
(ii) 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 77B(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
customary rights order has the same meaning as in section 5 of the Foreshore and Seabed Act 2004
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
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 77B(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 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
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
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) of this definition or which are affected by those matters
Environment Court means the Environment Court referred to in section 247
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
foreshore and seabed reserve has the same meaning as in section 5 of the Foreshore and Seabed Act 2004
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 Maori, including wahi tapu; and
(iv) surroundings associated with the natural and physical resources
holder, in relation to a customary rights order, has the same meaning as in section 5 of the Foreshore and Seabed Act 2004
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 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 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
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
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 77B(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, 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
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 77B(1)
person includes the Crown, a corporation sole, and also a body of persons, whether corporate or unincorporate
plan means a regional plan or a district plan
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
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 77B(7)
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
prospecting has the same meaning as in the Crown Minerals Act 1991
public authority,—
(a) in section 33, has the meaning given to it by section 33(2); and
(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 foreshore and seabed has the same meaning as in section 5 of the Foreshore and Seabed Act 2004
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 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
recognised customary activity is an activity, use, or practice carried on, exercised, or followed under a customary rights order
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 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—
(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 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 rule means a rule made as part of a regional plan or proposed regional plan in accordance with section 68 and section 77A
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
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—
(a) which, in accordance with section 68, is stated by a regional coastal plan to be a restricted coastal activity; and
(b) for which the Minister of Conservation is the consent authority
restricted discretionary activity means an activity described in section 77B(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)
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
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 air space 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 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
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—
(a) a unit plan; and
(b) a plan 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 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 2 of the Unit Titles Act 1972; and includes a future development unit as defined in section 2 of the Unit Titles Amendment Act 1979
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
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.
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: this definition was inserted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
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: 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: 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.
agent or agent of the ship: 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).
aircraft: this definition was inserted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
airport: this definition was inserted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
amendment: this definition was inserted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
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: 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).
Section 2(1) aquaculture management area: substituted, on 28 September 2008, by section 4 of the Resource Management Amendment Act 2008 (2008 No 95).
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).
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: this definition was substituted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
benefits and costs: this definition was inserted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
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: 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: 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: 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: this definition was substituted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
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: 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”
.
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: 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”
.
consent authority: this definition was substituted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
Section 2(1) constable: substituted, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
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: 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.
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: this definition was repealed, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
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: 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.
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: this definition was substituted, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98).
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: 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 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: 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.
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: this definition was substituted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
esplanade strip: this definition was inserted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
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: 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: 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: this definition was inserted, as from 1 January 2005, by section 4(3) Resource Management Amendment Act (No 2) 2004 (2004 No 103).
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 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.
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: 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: 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: this definition was inserted, as from 1 January 2005, by section 4(3) Resource Management Amendment Act (No 2) 2004 (2004 No 103).
hazardous substance: this definition was inserted, as from 2 July 2001, by section 149 Hazardous Substances and New Organisms Act 1996 (1996 No 30). See Parts 11 to 16 of that Act (comprising sections 151 to 259) as to the transitional provisions. See clause 2 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (SR 2001/171).
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: 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: 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: 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.
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.
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).
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: 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: 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”
.
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: 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).
marine incineration facility: 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).
Maritime New Zealand: this definition was substituted, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98).
master: 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).
mineral: this definition was substituted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
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.
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: 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.
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: 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: 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: this definition was inserted, as from 1 January 2005, by section 4(3) Resource Management Amendment Act (No 2) 2004 (2004 No 103).
offshore installation: 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).
oil transfer site: 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).
on-scene commander: 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).
owner: this definition was substituted, as from 1 February 1995, by section 2(1) Resource Management Amendment Act 1994 (1994 No 105). See clause 2 Resource Management Amendment Act Commencement Order 1994 (SR 1994/271).
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.
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.
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: 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: this definition was substituted, as from 2 September 1996, by section 2 Resource Management Amendment Act 1996 (1996 No 160).
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: 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: 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: 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: this definition was inserted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
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: 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 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 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: 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.
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: this definition was inserted, as from 1 January 2005, by section 4(3) Resource Management Amendment Act (No 2) 2004 (2004 No 103).
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: this definition was substituted, as from 7 July 1993, by section 2 Resource Management Amendment Act 1993 (1993 No 65).
Section 2(1) road: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
road: this definition was amended, as from 7 July 1993, by section 2(17) Resource Management Amendment Act 1993 (1993 No 65) by adding the words “; and includes a motorway as defined in section 2(1) of the Transit New Zealand Act 1989”
.
seaweed: this definition was inserted, as from 1 January 2005, by section 4(3) Resource Management Amendment Act (No 2) 2004 (2004 No 103).
ship: 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).
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: this definition was inserted, as from 1 January 2005, by section 4(3) Resource Management Amendment Act (No 2) 2004 (2004 No 103).
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: 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).
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”
.
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”
.
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).
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.
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: 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).
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.
(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 was inserted, as from 2 September 1996, by section 3 Resource Management Amendment Act 1996 (1996 No 160).
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 was amended, as from 7 July 1993, by section 3 Resource Management Amendment Act 1993 (1993 No 65) by omitting the words “in relation to the use, development, or protection of natural and physical resources, or in relation to the environment,”
.
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 was inserted, as from 7 July 1993, by section 4 Resource Management Amendment Act 1993 (1993 No 65).
(1) Except as provided in subsections (2) to (5), this Act shall bind the Crown.
(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(1) 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 to 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 to that Act; and
(b) does not have a significant adverse effect beyond the boundary of the area of land.
(4) [Repealed]
(5) No enforcement order, abatement notice, excessive noise direction, or information shall be issued against the Crown.
Subsection (3) was substituted, and subsection (4) was repealed, as from 7 July 1993, by section 5 Resource Management Amendment Act 1993 (1993 No 65).
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 was inserted, as from 20 August 1998, by section 3 Resource Management Amendment Act 1994 (1994 No 105). See clause 2 Resource Management Amendment Act 1994 Commencement Order 1998 (SR 1998/209).
(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 wellbeing 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.
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 recognised customary activities.
Paragraph (f) was inserted, as from 1 August 2003, by section 4 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
Paragraph (g) was inserted, as from 17 January 2005, by section 4 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.
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.
Paragraph (aa) was inserted, as from 17 December 1997, by section 3 Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions.
Paragraph (ba) was inserted, as from 2 March 2004, by section 5(1) 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.
Paragraph (e) was repealed, as from 1 August 2003, by section 5 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
Paragraphs (i) and (j) were inserted, as from 2 March 2004, by section 5(2) 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.
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).
(1) No person may use any land in a manner that contravenes a rule in a district plan or proposed district plan unless the activity is—
(a) expressly allowed by a resource consent granted by the territorial authority responsible for the plan; or
(b) an existing use allowed by section 10 or section 10A.
(2) No person may contravene section 176 or section 178 or section 193 or section 194 (which relate to designations and heritage orders) unless the prior written consent of the requiring authority concerned is obtained.
(3) No person may use any land in a manner that contravenes a rule in a regional plan or a proposed regional plan unless that activity is—
(a) expressly allowed by a resource consent granted by the regional council responsible for the plan; or
(b) allowed by section 20A (certain existing lawful uses allowed).
(4) In this section, the word use in relation to any land means—
(a) any use, erection, reconstruction, placement, alteration, extension, removal, or demolition of any structure or part of any structure in, on, under, or over the land; or
(b) any excavation, drilling, tunnelling, or other disturbance of the land; or
(c) any destruction of, damage to, or disturbance of, the habitats of plants or animals in, on, or under the land; or
(d) any deposit of any substance in, on, or under the land; or
(da) any entry on to, or passing across, the surface of water in any lake or river; or
(e) any other use of land—
and may use has a corresponding meaning.
(5) In subsection (1), land includes the surface of water in any lake or river.
(6) Subsection (3) does not apply to the bed of any lake or river.
(7) This section does not apply to any use of the coastal marine area.
(8) The application of this section to overflying by aircraft shall be limited to any noise emission controls that may be prescribed by a territorial authority in relation to the use of airports.
Subsection (1)(b) was amended, as from 7 July 1993, by section 6(1) Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “section 10 or section 10A”
for the words “section 10 (certain existing uses protected)”
.
Subsection (2) was amended, as from 7 July 1993, by section 6(2) Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “section 176 or section 178 or section 193 or section 194 (which relate to designations and heritage orders)”
for the words “section 178 or section 194 (which relate to requirements for designations and heritage orders and prohibit the doing of certain things)”
.
Subsection (3)(b) was amended, as from 1 August 2003, by section 95 Resource Management Amendment Act 2003 (2003 No 23) by substituting the expression “20A”
for the expression “20”
. See sections 109 to 113 of that Act as to the transitional and savings provisions.
Subsection (4)(da) was inserted, as from 7 July 1993, by section 6(3) Resource Management Amendment Act 1993 (1993 No 65) .
Subsection (8) was inserted, as from 7 July 1993, by section 6(4) Resource Management Amendment Act 1993 (1993 No 65).
(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) In this section, use of land has the same meaning as in section 9(4)(a) to (e) (except (da)) and land may be used has a corresponding meaning.
Subsection (1) was substituted, as from 7 July 1993, by section 7(1) Resource Management Amendment Act 1993 (1993 No 65).
Subsection (2) was amended, as from 10 August 2005, by section 5 Resource Management Amendment Act 2005 (2005 No 87) by substituting the word “to”
for the word “and”
after the expression “357”
. See sections 131 to 135 of that Act as to the transitional provisions.
Subsection (2)(b)(i) was amended, as from 7 July 1993, by section 7(2) Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “will not be contrary to the objectives and policies of the district plan”
for the words “on the integrity of the district plan is minor”
.
Subsection (3) was amended, as from 7 July 1993, by section 7(3) Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “or proposed district plan”
.
Subsection (5) was amended, as from 1 August 2003, by section 95 Resource Management Amendment Act 2003 (2003 No 23) by substituting the expression “20A”
for the expression “20”
. See sections 109 to 113 of that Act as to the transitional and savings provisions.
Subsection (6) was amended, as from 7 July 1993, by section 7(4) Resource Management Amendment Act 1993 (1993 No 65) by adding the expression “(except (da))”
.
(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 being notified, 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 plan becomes operative, or the proposed plan is notified, if—
(a) the activity was lawfully established before the rule in the plan became operative or the rule in the proposed plan was notified; 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 was notified; 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 was inserted, as from 7 July 1993, by section 8 Resource Management Amendment Act 1993 (1993 No 65).
(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 was notified; 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 been notified) 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 was notified 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) Subsections 10(4), (5), and (6) shall apply to this section.
Section 10B was inserted, as from 2 September 1996, by section 4 Resource Management Amendment Act 1996 (1996 No 160).
Subsection (1) was amended, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72) by substituting the words “as defined in section 7 of the Building Act 2004”
for the words “as defined in section 2 of the Building Act 1991”
. See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.
Subsections (2) to (4) were amended, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72) by substituting the words “Building Act 2004”
for the words “Building Act 1991”
wherever they appear. See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.
(1) No person may subdivide land, within the meaning of section 218, unless the subdivision is—
(a) expressly allowed by a rule in a district plan and in any relevant proposed district plan or a resource consent, and a survey plan relating to the subdivision has in accordance with Part 10—
(i) been deposited by a District Land Registrar or a Registrar of Deeds; or
(ii) in the case of a subdivision by or on behalf of a Minister of the Crown, been approved by the Chief Surveyor for the purposes of section 228; 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 the Te Ture Whenua Maori Act 1993; or
(ca) Effected by a transfer under section 23 of the State-Owned Enterprises Act 1986 or a resumption under section 27D of that Act; 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 to that Act; or
(cc) effected by transfer or gift of any land to the New Zealand Historic Places Trust or the Queen Elizabeth the Second National Trust for the purposes of the Historic Places Act 1993 or the Queen Elizabeth the Second National Trust Act 1977; 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 the Te Ture Whenua Maori Act 1993 unless that Act otherwise provides.
Subsection (1)(a) was amended, as from 7 July 1993, by section 9(1) Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “and in any relevant proposed district plan”
.
Subsection (1)(c) was amended, as from 7 July 1993, by section 9(2) Resource Management Amendment Act 1993 (1993 No 65) by omitting the words “, or a resumption under section 27D of the State-Owned Enterprises Act 1986”
.
The reference in subsection (1)(c) to “section 338 of the Maori Land Act 1993”
has been substituted, as from 1 July 1993, for a reference to “section 439 of the Maori Affairs Act 1953”
pursuant to section 362(2) Te Ture Whenua Maori/Maori Land Act 1993 (1993 No 4).
Subsection (1)(ca), (cb), and (cc) were inserted, as from 7 July 1993, by section 9(3) 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).
Subsection (2) was amended, as from 7 July 1993, by section 9(4) Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “Maori Land Act 1993”
for the words “Maori Affairs Act 1953”
.
(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 rule in a regional coastal plan and in any relevant proposed regional coastal plan or a resource consent.
(2) No person may, in relation to land of the Crown in the coastal marine area, or land in the coastal marine area vested in the regional council,—
(a) occupy any part of the coastal marine area; or
(b) remove any sand, shingle, shell, or other natural material from the land—
unless expressly allowed by a rule in a regional coastal plan and in any relevant proposed regional coastal plan or by a resource consent.
(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 rule in a regional coastal plan or a proposed regional coastal plan 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 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) The application of this section to overflying by aircraft shall be limited to any noise emission controls that may be prescribed by a regional council in relation to the use of airports within the coastal marine area.
(6) This section shall not apply to anything to which section 15A or 15B applies.
Subsection (1) was amended, as from 7 July 1993, by section 10(1) Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “, in the coastal marine area,”
and by substituting the words “by a rule in a regional coastal plan and in any relevant proposed regional coastal plan”
for the words “to do so by a rule in a regional coastal plan”
.
Subsection (1)(f) was amended, as from 1 August 2003, by section 6 Resource Management Amendment Act 2003 (2003 No 23) by inserting the expression “; or”
. See sections 109 to 113 of that Act as to the transitional and savings provisions.
Subsection (1)(g) was inserted, as from 1 August 2003, by section 6 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
Subsection (2) was substituted, as from 7 July 1993, by section 10(2) Resource Management Amendment Act 1993 (1993 No 65).
Subsection (2)(a) was substituted, as from 17 December 1997, by section 4(1) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions.
Subsection (3) was amended, as from 1 August 2003, by section 95 Resource Management Amendment Act 2003 (2003 No 23) by substituting the expression “20A”
for the expression “20”
. See sections 109 to 113 of that Act as to the transitional and savings provisions.
Subsection (4) was amended, as from 7 July 1993, by section 10(3) Resource Management Amendment Act 1993 (1993 No 65) by omitting the words “and in section 13(1),”
. Subsection (4)(a) was substituted, as from 7 July 1993, by section 10(4) Resource Management Amendment Act 1993 (1993 No 65) and paragraph (b) was amended, as from 7 July 1993, by section 10(5) of the same amending Act by inserting the word “shell,”
.
Subsection (4) was amended, as from 17 December 1997, by section 4(2) Resource Management Amendment Act 1997 (1997 No 104) by substituting the words “In this Act”
for the words “In this section”
. See section 78 of that Act as to the transitional provisions.
Subsection (4)(a) was substituted, as from 7 July 1993, by section 10(4) Resource Management Amendment Act 1993 (1993 No 65) and subsection (4)(b) was amended, as from 7 July 1993, by section 10(5) of the same amending Act by inserting the word “shell,”
.
Subsection (4)(a) was substituted, as from 17 December 1997, by section 4(3) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions.
Subsection (4)(a) was repealed, as from 1 January 2005, by section 5 Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Subsection (5) was inserted, as from 7 July 1993, by section 10(6) Resource Management Amendment Act 1993 (1993 No 65).
Subsection (6) was inserted, as from 20 August 1998, by section 4 Resource Management Amendment Act 1994 (1994 No 105). See clause 2 Resource Management Amendment Act 1994 Commencement Order 1998 (SR 1998/209).
Subsection (6) was amended, as from 20 August 1998, by section 4(4) Resource Management Amendment Act 1997 (1997 No 104) by inserting the words “or 15B”
. See clause 2 Resource Management Amendment Act 1997 Commencement Order 1998 (SR 1998/210).
(1) No person may occupy a coastal marine area for the purpose of an aquaculture activity—
(a) except in an aquaculture management area in a regional coastal plan; and
(b) if the coastal marine area is vested in the Crown or a regional council, unless expressly authorised by a coastal permit.
(1A) No person may apply for a coastal permit to occupy a coastal marine area for the purpose of an aquaculture activity except in an aquaculture management area in a regional coastal plan.
(2) In an aquaculture management area, any other activity requiring occupation may be undertaken only as—
(a) a restricted discretionary activity; or
(b) a discretionary activity; or
(c) a non-complying activity.
(3) [Repealed]
Sections 12A and 12B were inserted, as from 1 January 2005, by section 6 Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Section 12A(1A): inserted, on 28 September 2008, by section 5(1) of the Resource Management Amendment Act 2008 (2008 No 95).
Section 12A(3): repealed, on 28 September 2008, by section 5(2) of the Resource Management Amendment Act 2008 (2008 No 95).
To avoid doubt, a coastal permit for aquaculture activities does not expire because the area or part of the area that the permit relates to subsequently ceases to be in an aquaculture management area.
Sections 12A and 12B were inserted, as from 1 January 2005, by section 6 Resource Management Amendment Act (No 2) 2004 (2004 No 103).
(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 rule in a regional plan and in any relevant proposed regional plan or a resource consent.
(2) No person may—
(a) enter or pass across the bed of any river or lake; or
(b) disturb, remove, damage, or destroy any plant or part of any plant (whether exotic or indigenous) or the habitats of any such plants or of animals in, on, or under the bed of any lake or river—
in a manner that contravenes a rule in a regional plan or proposed regional plan unless that activity is—
(c) expressly allowed by a resource consent granted by the regional council responsible for the plan; or
(d) allowed by section 20A (certain existing lawful uses allowed).
(3) This section does not apply to any use of land in the coastal marine area.
(4) Nothing in this section limits section 9.
Subsection (1) was substituted, as from 7 July 1993, by section 11 Resource Management Amendment Act 1993 (1993 No 65).
Subsection (2)(d) was amended, as from 1 August 2003, by section 95 Resource Management Amendment Act 2003 (2003 No 23) by substituting the expression “20A”
for the expression “20”
. See sections 109 to 113 of that Act as to the transitional and savings provisions.
(1) No person may take, use, dam, or divert any—
(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 any geothermal water—
unless the taking, use, damming, or diversion is allowed by subsection (3).
(2) No person may—
(a) take, use, dam, or divert any open coastal water; or
(b) take or use any heat or energy from any open coastal water,—
in a manner that contravenes a rule in a regional plan or a proposed regional plan unless expressly allowed by a resource consent or allowed by section 20A (certain existing lawful activities allowed).
(3) A person is not prohibited by subsection (1) from taking, using, damming, or diverting any water, heat, or energy if—
(a) the taking, use, damming, or diversion is expressly allowed by a rule in a regional plan and in any relevant proposed regional plan 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 fire-fighting purposes.
Subsection (2) was amended, as from 1 August 2003, by section 95 Resource Management Amendment Act 2003 (2003 No 23) by substituting the expression “20A”
for the expression “20”
. See sections 109 to 113 of that Act as to the transitional and savings provisions.
Subsection (3)(a) was amended, as from 7 July 1993, by section 12 Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “and in any relevant proposed regional plan”
.
(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 rule in a regional plan and in any relevant proposed regional plan, a resource consent, or regulations.
(2) No person may discharge any contaminant into the air, or into or onto land, from—
(a) any place; or
(b) any other source, whether moveable or not,—
in a manner that contravenes a rule in a regional plan or proposed regional plan unless the discharge is expressly allowed by a resource consent, or regulations, or allowed by section 20A (certain existing lawful activities allowed).
(3) This section shall not apply to anything to which section 15A or section 15B applies.
Subsection (1) was amended, as from 7 July 1993, by section 13 Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “in a regional plan and in any relevant proposed regional plan”
for the words “of a regional plan”
.
Subsection (2) was amended, as from 17 December 1997, by section 5 Resource Management Amendment Act 1997 (1997 No 104) by inserting the words “, or regulations,”
. See section 78 of that Act as to the transitional provisions.
Subsection (2) was amended, as from 1 August 2003, by section 95 Resource Management Amendment Act 2003 (2003 No 23) by substituting the expression “20A”
for the expression “20”
. See sections 109 to 113 of that Act as to the transitional and savings provisions.
Subsection (3) was inserted, as from 20 August 1998, by section 5 Resource Management Amendment Act 1994 (1994 No 105). See clause 2 Resource Management Amendment Act 1994 Commencement Order 1998 (SR 1998/209).
(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.
Sections 15A to 15C were inserted, as from 20 August 1998, by section 6 Resource Management Amendment Act 1994 (1994 No 105). See clause 2 Resource Management Amendment Act 1994 Commencement Order 1998 (SR 1998/209).
(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.
Sections 15A to 15C were inserted, as from 20 August 1998, by section 6 Resource Management Amendment Act 1994 (1994 No 105). See clause 2 Resource Management Amendment Act 1994 Commencement Order 1998 (SR 1998/209).
Section 15B was substituted, as from 20 August 1998, by section 6 Resource Management Amendment Act 1997 (1997 No 104). See clause 2 Resource Management Amendment Act 1997 Commencement Order 1998 (SR 1998/210).
(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.
Sections 15A to 15C were inserted, as from 20 August 1998, by section 6 Resource Management Amendment Act 1994 (1994 No 105). See clause 2 Resource Management Amendment Act 1994 Commencement Order 1998 (SR 1998/209).
(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) Subsection (1) does not limit the right of any local authority or consent authority to prescribe noise emission standards in plans made, or resource consents granted, for the purposes of any of sections 9, 12, 13, 14, 15, 15A, and 15B.
Subsection (1) was amended, as from 7 July 1993, by section 14 Resource Management Amendment Act 1993 (1993 No 65) by omitting the words “the water covering”
.
Subsection (2) was amended, as from 20 August 1998, by section 7 Resource Management Amendment Act 1994 (1994 No 105) by substituting the expression “15, and 15A”
for the expression “or 15”
. See clause 2 Resource Management Amendment Act 1994 Commencement Order 1998 (SR 1998/209).
Subsection (2) was amended, as from 20 August 1998, by section 7 Resource Management Amendment Act 1997 (1997 No 104) by substituting the expression “15A, and 15B”
for the expression “and 15A”
. See clause 2 Resource Management Amendment Act 1997 Commencement Order 1998 (SR 1998/210).
(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 that person, whether or not the activity is in accordance with a rule in a plan, a resource consent,a designation, section 10, section 10A, or section 20A.
(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).
Subsection (1) was amended, as from 7 July 1993, by section 15(1) Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “section 10, section 10A, or section 20”
for the words “section 10 (certain existing uses protected), or section 20 (certain existing lawful activities allowed)”
.
Subsection (1) was amended, as from 1 August 2003, by section 7 Resource Management Amendment Act 2003 (2003 No 23) by inserting the words “a designation,”
after the words “resource consent,”
. See sections 109 to 113 of that Act as to the transitional and savings provisions.
Subsection (1) was amended, as from 1 August 2003, by section 95 Resource Management Amendment Act 2003 (2003 No 23) by substituting the expression “20A”
for the expression “20”
. See sections 109 to 113 of that Act as to the transitional and savings provisions.
Subsection (4) was inserted, as from 7 July 1993, by section 15(2) Resource Management Amendment Act 1993 (1993 No 65).
The words “Environment Court”
in subsections (3)(a) and (b), and (4) 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).
This heading was inserted, as from 17 January 2005, by section 5 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.
(1) A recognised customary activity may be carried out despite—
(a) sections 9 to 17; or
(b) a rule in a plan or a proposed plan.
(2) Subsection (1) applies to a recognised customary activity only if that activity is carried out—
(a) in accordance with any controls imposed by the Minister of Conservation under Schedule 12; and
(b) by any member of the whanau, hapu, or iwi or of the group, as the case may be, entitled to do so under section 52 or section 76 of the Foreshore and Seabed Act 2004; or
(c) by a person authorised by the holder of the customary rights order to carry out the activity under section 53(1)(a) or section 77(1)(a) of the Foreshore and Seabed Act 2004.
Sections 17A and 17B were inserted, as from 17 January 2005, by section 5 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.
(1) For the purposes of any controls that may be imposed on a recognised customary activity under Part 1 of Schedule 12, a regional council must, if directed by the Minister of Conservation at any time, and may of its own initiative in the circumstances set out in clause 6(2) of Schedule 12,—
(a) carry out an adverse effects assessment of the effects on the environment of a recognised customary activity in its region; and
(b) complete, and give to the Minister an adverse effects report based on that assessment.
(2) Part 2 of Schedule 12 applies to the assessment carried out and to the report prepared under this section.
(3) In this section, regional council includes the Chatham Islands Council.
Sections 17A and 17B were inserted, as from 17 January 2005, by section 5 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.
(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).
Subsection (1) was substituted, as from 20 August 1998, by section 8 Resource Management Amendment Act 1994 (1994 No 105). See clause 2 Resource Management Amendment Act 1994 Commencement Order 1998 (SR 1998/209).
(1) A rule in a proposed plan is to be treated as if it is operative and any previous rule is inoperative if the time for making submissions or lodging appeals on the rule has expired and—
(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.
(2) Every reference in this Act or in regulations to a plan or an operative plan is to be treated as including a rule in a proposed plan that is operative in accordance with subsection (1).
Subsection (1)(b)(ii) was amended, as from 2 September 1996, by section 5(1) Resource Management Amendment Act 1996 (1996 No 160) by inserting the words “or rejected”
.
Subsection (2) was inserted, as from 2 September 1996, by section 5(2) Resource Management Amendment Act 1996 (1996 No 160).
Sections 19 to 20A were substituted, as from 1 August 2003, by section 8 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
(1) A local authority may, before publicly notifying a proposed plan, resolve that any rule in the plan does not have effect until the plan becomes operative.
(2) Public notification of the plan must include the resolution.
(3) If the resolution is rescinded, the local authority must, as soon as possible, publicly notify—
(a) the rescission; and
(b) the resolution to which it relates; and
(c) the date of the rescission.
(4) A rule to which a rescinded resolution relates has effect as a rule in the plan for all purposes on and from the day after the date on which the rescission is publicly notified.
(5) A reference in this Act (except in Schedule 1) and in any regulations made under this Act to a proposed plan excludes a rule in the plan if—
(a) the rule is subject to a resolution under subsection (1); and
(b) the resolution has not been rescinded.
Subsection (1) was amended, as from 7 July 1993, by section 16(1) Resource Management Amendment Act 1993 (1993 No 65) by inserting after the expression “9”
the expression “(3)”
, and by inserting in paragraph (b) the words “by a rule in the proposed regional plan”
.
Subsection (1) was amended, as from 17 December 1997, by section 8(1) Resource Management Amendment Act 1997 (1997 No 104) by substituting the words “that formerly was a permitted activity or which otherwise could have been lawfully carried out without a resource consent as a result of a rule in a proposed plan”
for the words “restricted by sections 9(3), 12(3), 13(2), 14(2), or 15(2) that contravenes a rule in a proposed regional plan”
. See section 78 of that Act as to the transitional provisions.
Subsection (2) was substituted, as from 7 July 1993, by section 16(2) Resource Management Amendment Act 1993 (1993 No 65).
Sections 19 to 20A were substituted, as from 1 August 2003, by section 8 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
(1) If, as a result of a rule in a proposed regional plan being notified, an activity requires a resource consent, the activity may continue until the rule becomes operative if,—
(a) before the rule was notified, 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 was notified; 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 was notified.
(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 was inserted, as from 26 March 2002, by section 5 Resource Management (Aquaculture Moratorium) Amendment Act 2002 (2002 No 5).
Sections 19 to 20A were substituted, as from 1 August 2003, by section 8 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
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.
Where any enforcement officer has reasonable grounds to believe that a person is breaching or has breached any of the obligations under this Part, the enforcement officer may direct that person to—
(a) give his or her name and address; and
(b) give the name and address and whereabouts of any other person on whose behalf the person is breaching or has breached the obligations under this Part.
(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.
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) the making of decisions under section 141A on whether and, if relevant, how to intervene in a matter:
(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, and the functions, powers, and duties of the Hazards Control Commission under Part 13:
(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.
Paragraph (b) was amended, as from 10 August 2005, by section 6(1) Resource Management Amendment Act 2005 (2005 No 87) by substituting the words “national environmental standards”
for the words “regulations under section 43”
. See sections 131 to 135 of that Act as to the transitional provisions.
Paragraph (c) was substituted, as from 10 August 2005, by section 6(2) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.
Paragraph (ga) was inserted, as from 7 July 1993, by section 17 Resource Management Amendment Act 1993 (1993 No 65).
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; 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; 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 1 or both of those sections.
Section 24A was inserted, as from 10 August 2005, by section 7 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.
(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.
(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 was inserted, as from 10 August 2005, by section 8 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.
(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 the Crown Bank Account or such other account as may be approved by the Minister of Finance.
(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.
Subsection (2) was inserted, as from 7 July 1993, by section 18 Resource Management Amendment Act 1993 (1993 No 65).
Section 27 was substituted, as from 10 August 2005, by section 9 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.
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) the making of decisions on applications for coastal permits in relation to restricted coastal activities:
(d) the monitoring of the effect and implementation of New Zealand coastal policy statements and coastal permits granted by the Minister of Conservation:
(e) [Repealed]
(e) carrying out his or her functions under Schedule 12.
Paragraph (d) was substituted, as from 7 July 1993, by section 19(1) Resource Management Amendment Act 1993 (1993 No 65).
Paragraph (e) was repealed, as from 7 July 1993, by section 19(2) Resource Management Amendment Act 1993 (1993 No 65).
Paragraph (e) was inserted, as from 17 January 2005, by section 6 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.
Any regional council requested by the Minister of Conservation to supply information to the Minister relating to the monitoring by the regional council of—
(a) coastal permits granted by the Minister; or
(b) its regional coastal plan; or
(c) the exercise of a recognised customary activity in its region—
shall be under a duty to supply the information as soon as reasonably practicable
Section 28A was inserted, as from 7 July 1993, by section 20 Resource Management Amendment Act 1993 (1993 No 65).
Paragraph (b) was amended, as from 17 January 2005, by section 7 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94) by inserting the expression “; or”
. See sections 40 to 43 of that Act.
Paragraph (c) was inserted, as from 17 January 2005, by section 7 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.
(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) the recommendation of the issue, change, or revocation of a national policy statement or a New Zealand coastal policy statement under sections 46, 53, or 57:
(b) the approval of a regional coastal plan under clause 19 of Schedule 1:
(c) the making of decisions under section 141A on whether and, if relevant, how to intervene in a matter:
(d) the recommendation of the approval of an applicant as a requiring authority under section 167 or as a heritage protection authority under section 188:
(e) the recommendation of the issue of a water conservation order under section 214:
(f) the certification of any work or activity under section 4:
(g) the power of the Minister for the Environment to appoint under section 25 persons to exercise or perform functions, powers, or duties in place of a local authority:
(ga) making a decision on any controls to be imposed under Schedule 12 on a recognised customary activity:
(h) 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.
Subsection (1)(c) was substituted, as from 10 August 2005, by section 10 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.
Subsection (1)(ga) was inserted, as from 17 January 2005, by section 8 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that 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 on land of the Crown or land vested in the regional council, that is foreshore or seabed, and the extraction of sand, shingle, shell, or other natural material from that land:
(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 may perform the functions specified in subsection (1)(d) to control the harvesting or enhancement of aquatic organisms to avoid, remedy, or mitigate—
(a) the effects on fishing and fisheries resources of occupying a coastal marine area for the purpose of aquaculture activities:
(b) the effects on fishing and fisheries resources of aquaculture activities.
(3) However, a regional council and the Minister of Conservation must not perform the functions specified in subsection (1)(d)(i), (ii), or (vii) to control the harvesting or enhancement of aquatic organisms for the purpose of conserving, using, enhancing, or developing any fisheries resources controlled under the Fisheries Act 1996.
(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
(b) nothing in paragraph (a) affects section 68(7); 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).
Subsection (1)(c)(iiia) was inserted, as from 1 August 2003, by section 9(1) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
Subsection (1)(ca) was inserted, as from 10 August 2005, by section 11(1) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.
Subsection (1)(d)(ii) was substituted, as from 7 July 1993, by section 21(1) Resource Management Amendment Act 1993 (1993 No 65).
Subsection (1)(d)(iva) was inserted, as from 20 August 1998, by section 9 Resource Management Amendment Act 1994 (1994 No 105). See clause 2 Resource Management Amendment Act 1994 Commencement Order 1998 (SR 1998/209).
Subsection (1)(fa) and (fb) was inserted, as from 10 August 2005, by section 11(2) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.
Subsection (1)(ga) was inserted, as from 1 August 2003, by section 9(2) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
Subsection (1)(gb) was inserted, as from 10 August 2005, by section 11(3) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.
Subsection (2) was amended, as from 7 July 1993, by section 21(2) Resource Management Amendment Act 1993 (1993 No 65) by substituting the expression “under subparagraph (i) or subparagraph (ii) or subparagraph (vii) of subsection (1)(d)”
for the expression “in subsection (1)(d)(i)”
.
Subsection (2) was amended, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88) by substituting the words “use, conserve, enhance, or develop any fisheries resources controlled under the Fisheries Act 1996”
for the words “enhance, protect, allocate, or manage any fishery controlled by the Fisheries Act 1983”
. See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).
Subsection (2) was amended, as from 23 June 1998, by section 37 Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67) by omitting the word “conserve,”
.
Subsection (2) was substituted, as from 1 January 2005, by section 7 Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Subsection (3) was inserted, as from 1 January 2005, by section 7 Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Subsection (4) was inserted, as from 10 August 2005, by section 11(4) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.
(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.
Paragraph (b) was substituted, as from 7 July 1993, by section 22 Resource Management Amendment Act 1993 (1993 No 65).
Subsection (1)(b) was substituted, as from 1 August 2003, by section 10(1) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
Subsection (1)(b)(iia) was inserted, as from 10 August 2005, by section 12 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.
Subsection (1)(c) was repealed, as from 1 August 2003, by section 10(1) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
Subsection (2) was inserted, as from 1 August 2003, by section 10(2) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
(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 district 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 was inserted, 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.
(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 policy statement or a national environmental standard; or
(b) the Minister of Conservation, for the New Zealand coastal policy statement; 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 Part 2 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 Part 2 of the Schedule 1.
(2) A further evaluation must also be made by—
(a) a local authority before making a decision under clause 10 or clause 29(4) of the Schedule 1; and
(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.
Subsection (2) was substituted, as from 9 December 1994, by section 2(1) Resource Management Amendment Act (No 2) 1994 (1994 No 139). See section 3 of that Act as to the transitional provisions.
Subsection (3) was substituted, as from 7 July 1993, by section 23 Resource Management Amendment Act 1993 (1993 No 65).
Subsection (3) was substituted, as from 9 December 1994, by section 2(1) Resource Management Amendment Act (No 2) 1994 (1994 No 139). See section 3 of that Act as to the transitional provisions.
Subsections (4) and (5) were inserted, as from 9 December 1994, by section 2(1) Resource Management Amendment Act (No 2) 1994 (1994 No 139). See section 3 of that Act as to the transitional provisions.
Section 32 was substituted, as from 1 August 2003, by section 11 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
Subsection (1)(a) was amended, as from 10 August 2005, by section 13(1) Resource Management Amendment Act 2005 (2005 No 87) by substituting the words “a national environmental standard”
for the words “regulations made under section 43”
. See sections 131 to 135 of that Act as to the transitional provisions.
Subsection (3A) was inserted, as from 10 August 2005, by section 13(2) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.
Subsection (4) was amended, as from 10 August 2005, by section 13(3) Resource Management Amendment Act 2005 (2005 No 87) by substituting the words “the examinations referred to in subsections (3) and (3A)”
for the words “this examination”
. See sections 131 to 135 of that Act as to the transitional provisions.
(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 was inserted, as from 1 August 2003, by section 11 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
(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 any local authority, iwi authority, board of a foreshore and seabed reserve, Government department, statutory authority, and joint committee set up for the purposes of section 80.
(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.
Subsection (1) was substituted, as from 1 August 2003, by section 12(1) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.
Subsection (2) was amended, as