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

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

applicant,—

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

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

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

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

  • (i) initiates a matter described in section 39(1)(b) or (d); or

  • (ii) holds a resource consent referred to in section 39(1)(c); or

  • (iii) initiates a requirement for a designation:

• (c) in Part 6AA, has the meaning given in section 141

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

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

change has the meaning given in section 43AA

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

completion certificate means a certificate issued under section 222

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

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

consent notice means a notice issued under section 221

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

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

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

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

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

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

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

contravene includes fail to comply with

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

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

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

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

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

customary rights order has the same meaning as in section 5 of the Foreshore and Seabed Act 2004

designation has the meaning set out in section 166

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

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

discharge includes emit, deposit, and allow to escape

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

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

district, in relation to a territorial authority,—

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

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

district plan has the meaning given in section 43AA

district rule has the meaning given in section 43AAB

dumping means,—

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

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

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

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

employee includes,—

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

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

enforcement officer means any person authorised under section 38

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

environment includes—

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

• (b) all natural and physical resources; and

• (c) amenity values; and

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

Environment Court means the Environment Court referred to in section 247

Environmental Protection Authority or EPA means the Environmental Protection Authority established under section 42B

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—

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

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

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

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

local authority means a regional council or territorial authority

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

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

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 87A(5)

notice of decision means—

• (a) a copy of a decision on—

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

  • (ii) a requirement for a designation; or

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

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

occupier means—

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

• (b) [Repealed]

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

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

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

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

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

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

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

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

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

operative has the meaning given in section 43AA

owner,—

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

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

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

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

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

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

plan has the meaning given in section 43AA

policy statement has the meaning given in section 43AA

prescribed means prescribed by regulations made under this Act

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

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

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

production land—

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

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

and production has a corresponding meaning

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

proposed plan has the meaning given in section 43AAC

proposed policy statement has the meaning given in section 43AA

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

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—

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

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

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

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

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 has the meaning given in section 43AA

regional council—

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

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

regional plan has the meaning given in section 43AA

regional policy statement has the meaning given in section 43AA

regional rule has the meaning given in section 43AAB

regulations means regulations made under this Act

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 that, in accordance with section 68, is stated by a regional coastal plan to be a restricted coastal activity

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

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

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

rule has the meaning given in section 43AA

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

serve means serve in accordance with section 352 or section 353

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

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

space, in relation to the coastal marine area, means any part of the foreshore, seabed, and coastal water, and the 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 or electronic submission

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

• (a) survey plan means—

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

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

• (b) survey plan includes—

  • (i) a unit plan; and

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

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

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

tauranga waka means canoe landing sites

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

territorial sea means the territorial sea of New Zealand as defined by section 3 of the Territorial Sea 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

use,—

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

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

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

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

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

  • (v) any other use of land; and

• (b) in sections 9, 10A 81(2), 176(1)(b)(i) and 193(a) also means to enter onto or pass across the surface of water in a lake or river

variation has the meaning given in section 43AA

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

water—

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

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

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

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

water conservation order has the meaning set out in section 200

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

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

working day means any day except—

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

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

affected order holder means the holder of a customary rights order who, under section 95F, is decided to be an affected order holder in relation to the application or matter

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

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

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

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

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

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

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.