Reprint as at 20 March 2014

Resource Management Act 1991

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

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry for the Environment.


Contents

Title

1 Short Title and commencement

Part 1
Interpretation and application

2 Interpretation

2AA Definitions relating to notification

2A Successors

3 Meaning of effect

3A Person acting under resource consent with permission

4 Act to bind the Crown

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

Part 2
Purpose and principles

5 Purpose

6 Matters of national importance

7 Other matters

8 Treaty of Waitangi

Part 3
Duties and restrictions under this Act

Land

9 Restrictions on use of land

10 Certain existing uses in relation to land protected

10A Certain existing activities allowed

10B Certain existing building works allowed

11 Restrictions on subdivision of land

Coastal marine area

12 Restrictions on use of coastal marine area

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Restrictions on aquaculture activities in coastal marine area and on other activities in aquaculture management areas [Repealed]

12B Continuation of coastal permit for aquaculture activities if aquaculture management area ceases to exist [Repealed]

River and lake beds

13 Restriction on certain uses of beds of lakes and rivers

Water

14 Restrictions relating to water

Discharges

15 Discharge of contaminants into environment

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

15B Discharge of harmful substances from ships or offshore installations

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

Noise

16 Duty to avoid unreasonable noise

Adverse effects

17 Duty to avoid, remedy, or mitigate adverse effects

Recognised customary activities

[Repealed]

17A Recognised customary activity may be exercised in accordance with any controls [Repealed]

17B Adverse effects assessment [Repealed]

Emergencies

18 Possible defence in cases of unforeseen emergencies

Effect of certain changes to plans

[Repealed]

19 Certain rules in proposed plans to be operative [Repealed]

20 Certain rules in proposed plans not to have effect [Repealed]

Certain existing lawful activities allowed

20A Certain existing lawful activities allowed

Miscellaneous provisions

21 Avoiding unreasonable delay

22 Duty to give certain information

23 Other legal requirements not affected

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

Functions, powers, and duties of Ministers

24 Functions of Minister for the Environment

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

25 Residual powers of Minister for the Environment

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

25B Ministers may direct commencement of review

26 Minister may make grants and loans

27 Minister may require local authorities to supply information

28 Functions of Minister of Conservation

28A Regional council must supply information to Minister of Conservation

28B Functions of Minister of Aquaculture

29 Delegation of functions by Ministers

29A Restriction on Ministerial direction

Functions, powers, and duties of local authorities

30 Functions of regional councils under this Act

31 Functions of territorial authorities under this Act

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

32 Requirements for preparing and publishing evaluation reports

32AA Requirements for undertaking and publishing further evaluations

32A Failure to carry out evaluation

33 Transfer of powers

34 Delegation of functions, etc, by local authorities

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

35 Duty to gather information, monitor, and keep records

35A Duty to keep records about iwi and hapu

36 Administrative charges

36AA Local authority policy on discounting administrative charges

Duties of local authorities and applicants

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

Powers and duties of local authorities and other public authorities

36B Power to make joint management agreement

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

36D Effect of joint management agreement

36E Termination of joint management agreement

Waivers and extension of time limits

37 Power of waiver and extension of time limits

37A Requirements for waivers and extensions

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

Enforcement officers

38 Authorisation and responsibilities of enforcement officers

Powers and duties in relation to hearings

39 Hearings to be public and without unnecessary formality

39A Accreditation

39B Persons who may be given hearing authority

39C Effect of lack of accreditation

40 Persons who may be heard at hearings

41 Provisions relating to hearings

41A Control of hearings

41B Directions to provide evidence within time limits

41C Directions and requests before or at hearings

42 Protection of sensitive information

Reports

42A Reports to local authority

Part 4A
Environmental Protection Authority

42B Establishment of Environmental Protection Authority [Repealed]

42C Functions of EPA

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

Part 5
Standards, policy statements, and plans

43AA Interpretation

43AAB Meaning of district rule and regional rule

43AAC Meaning of proposed plan

National environmental standards

43 Regulations prescribing national environmental standards

43A Contents of national environmental standards

43B Relationship between national environmental standards and rules or consents

43C Relationship between national environmental standards and water conservation orders

43D Relationship between national environmental standards and designations

43E Relationship between national environmental standards and bylaws

43F Description of discharges in national environmental standards for discharges

43G Incorporation of material by reference in national environmental standards

44 Restriction on power to make national environmental standards

44A Local authority recognition of national environmental standards

National policy statements

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

46 Proposed national policy statement

46A Minister chooses process

46B Incorporation of material by reference in national policy statements

47 Board of inquiry

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

48 Public notification of proposed national policy statement and inquiry

49 Submissions to board of inquiry

50 Conduct of hearing

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

51A Withdrawal of proposed national policy statement

52 Consideration of recommendations and approval or withdrawal of statement

53 Changes to or review or revocation of national policy statements

54 Publication of national policy statements

55 Local authority recognition of national policy statements

New Zealand coastal policy statements

56 Purpose of New Zealand coastal policy statements

57 Preparation of New Zealand coastal policy statements

58 Contents of New Zealand coastal policy statements

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

Regional policy statements

59 Purpose of regional policy statements

60 Preparation and change of regional policy statements

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

62 Contents of regional policy statements

Regional plans

63 Purpose of regional plans

64 Preparation and change of regional coastal plans

64A Imposition of coastal occupation charges

65 Preparation and change of other regional plans

66 Matters to be considered by regional council (plans)

67 Contents of regional plans

68 Regional rules

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

69 Rules relating to water quality

70 Rules about discharges

Rules relating to discharge of greenhouse gases

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

70B Implementation of national environmental standards

71 Rules about esplanade reserves on reclamation [Repealed]

District plans

72 Purpose of district plans

73 Preparation and change of district plans

74 Matters to be considered by territorial authority

75 Contents of district plans

76 District rules

77 Rules about esplanade reserves on subdivision and road stopping

Additional provisions for regional rules and district rules

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

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

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

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

Miscellaneous provisions

78 Withdrawal of proposed policy statements and plans [Repealed]

78A Combined regional and district documents [Repealed]

79 Review of policy statements and plans

79A Circumstance when further review required [Repealed]

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

80 Combined regional and district documents

81 Boundary adjustments

82 Disputes

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

83 Procedural requirements deemed to be observed

84 Local authorities to observe their own policy statements and plans

85 Compensation not payable in respect of controls on land

Plan must not allow activity that prevents protected customary rights

85A Plan or proposed plan must not include certain rules

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

86 Power to acquire land

Legal effect of rules

86A Purpose of sections 86B to 86G

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

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

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

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

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

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

Part 6
Resource consents

87AA This Part subject to Part 6A

87 Types of resource consents

87A Classes of activities

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

Streamlining decision-making on resource consents

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

87D Request for application to go directly to Environment Court

87E Consent authority’s decision on request

87F Consent authority's subsequent processing

87G Environment Court determines application

87H Residual powers of consent authority

87I When consent authority must determine application

Application for resource consent

88 Making an application

88A Description of type of activity to remain the same

88B Time limits from which time periods are excluded

88C Excluded time periods relating to provision of further information

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

88E Excluded time periods relating to other matters

88F Excluded time relating to pre-request aquaculture agreements

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

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

90 Distribution of application to other authorities [Repealed]

91 Deferral pending application for additional consents

Further information

92 Further information, or agreement, may be requested

92A Responses to request

92B Responses to notification

Notification of applications

[Repealed]

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

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

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

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

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

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

Public notification and limited notification of applications

95 Time limit for public notification or limited notification

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

95B Limited notification of consent application

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

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

95E Consent authority decides if person is affected person

95F Status of protected customary rights group

95G Status of customary marine title group

Submissions on applications

96 Making submissions

97 Time limit for submissions

98 Advice of submissions to applicant

Pre-hearing meetings and mediation

99 Pre-hearing meetings

99A Mediation

Hearings

100 Obligation to hold a hearing

100A Hearing by commissioner if requested by applicant or submitter

101 Hearing date and notice

102 Joint hearings by 2 or more consent authorities

103 Combined hearings in respect of 2 or more applications

103A Time limit for completion of adjourned hearing

Decisions

104 Consideration of applications

104A Determination of applications for controlled activities

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

104C Determination of applications for restricted discretionary activities

104D Particular restrictions for non-complying activities

Decisions on applications relating to discharge of greenhouse gases

[Repealed]

104E Applications relating to discharge of greenhouse gases

104F Implementation of national environmental standards

105 Matters relevant to certain applications

106 Consent authority may refuse subdivision consent in certain circumstances

107 Restriction on grant of certain discharge permits

107A Restrictions on grant of resource consents [Repealed]

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

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

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

Decisions on applications relating to non-aquaculture activities

[Repealed]

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

107F Applications to undertake aquaculture activities

108 Conditions of resource consents

108A Bonds

109 Special provisions in respect of bonds or covenants

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

111 Use of financial contributions

112 Obligation to pay rent and royalties deemed condition of consent

113 Decisions on applications to be in writing, etc

114 Notification

115 Time limits for notification of decision

116 When a resource consent commences

116A When coastal permit for aquaculture activities may commence

Restricted coastal activities

117 Application to carry out restricted coastal activity

118 Recommendation of hearing committee [Repealed]

119 Decision on application for restricted coastal activity [Repealed]

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

Appeals

120 Right to appeal

121 Procedure for appeal

Nature of resource consent

122 Consents not real or personal property

Duration of consent

123 Duration of consent

123A Duration of consent for aquaculture activities

124 Exercise of resource consent while applying for new consent

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

124B Applications by existing holders of resource consents

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

125 Lapsing of consents

126 Cancellation of consent

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

Review of consent conditions by consent authority

128 Circumstances when consent conditions can be reviewed

129 Notice of review

130 Public notification, submissions, and hearing, etc

131 Matters to be considered in review

132 Decisions on review of consent conditions

133 Powers under Part 12 not affected

133A Minor corrections of resource consents

Transfer of consents

134 Land use and subdivision consents attach to land

135 Transferability of coastal permits

136 Transferability of water permits

137 Transferability of discharge permits

138 Surrender of consent

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

Certificates of compliance or existing use

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

139A Consent authorities to issue existing use certificates

Decisions on proposals of national significance

[Repealed]

Part 6AA
Proposals of national significance

140 Outline of this Part

141 Interpretation

141A Minister's power to intervene [Repealed]

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

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

Subpart 1Minister may make direction in relation to matter

Matter lodged with local authority

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

143 Restriction on when local authority may request call in

144 Restriction on when Minister may call in matter

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

Matter lodged with EPA

145 Matter lodged with EPA

146 EPA to recommend course of action to Minister

147 Minister makes direction after EPA recommendation

General provisions for matter lodged with local authority or EPA

148 Proposals relating to coastal marine area

149 EPA may request further information or commission report

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

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

149B Local authority's obligations if matter called in

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

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

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

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

149G EPA must provide board or court with necessary information

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

149I Limitation on withdrawal of change or variation

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

Matter decided by board of inquiry

149J Minister to appoint board of inquiry

149K How members appointed

149L Conduct of inquiry

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

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

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

149P Consideration of matter by board

149Q Board to produce draft report

149R Board to produce final report

149RA Minor corrections of board decisions, etc

149S Minister may extend time by which board must report

Matter decided by Environment Court

149T Matter referred to Environment Court

149U Consideration of matter by Environment Court

Appeals

149V Appeal from decisions only on question of law

Subpart 3Miscellaneous provisions

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

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

149X Residual powers of local authority

Minister makes direction to refer matter to local authority

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

149Z Local authority must process referred matter

Minister's powers to intervene in matter

149ZA Minister's powers to intervene in matter

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

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

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

Costs of processes under this Part

149ZD Costs of processes under this Part recoverable from applicant

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

150 Residual powers of authorities [Repealed]

150AA Reference to Environment Court [Repealed]

Part 6A
Aquaculture moratorium

150A Interpretation

150B Moratorium

150C Earlier expiry of moratorium in relation to specified areas

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

150E Transitional provision [Repealed]

150F No compensation

Certain coastal permits continued

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

Part 7
Coastal tendering

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

151 Interpretation

152 Order in Council may be made requiring holding of authorisation

153 Application of Order in Council

154 Publication, etc, of Order in Council

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

156 Effect of Order in Council

157 Calling of public tenders for authorisations

158 Requirements of tender

159 Acceptance of tender, etc

160 Notice of acceptance of tender

161 Grant of authorisation

162 Authorisation not to confer right to coastal permit, etc

163 Authorisation transferable

164 Authorisation to lapse in certain circumstances

165 Tender money

Part 7A
Occupation of common marine and coastal area

165A Overview

165AB Establishment of aquaculture management areas [Repealed]

165B Relationship of Part with rest of Act

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

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

Subpart 1Managing occupation in common marine and coastal area

165C Interpretation

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

165E Applications in relation to aquaculture settlement areas

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

165F Provisions about occupation of common marine and coastal area

165G Plan may specify allocation methods

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

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

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

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

Ministerial approval of use of method of allocating authorisations

165L Regional council may request use of allocation method

165M Stay on applications following request under section 165L

165N Minister may approve use of allocation method

165O Period of approval

165P Offer of authorisations where approved by Minister

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

Authorisations

165R Authorisation not to confer right to coastal permit

165S Authorisation transferable

165T Authorisation lapses in certain circumstances

165U Public notice of offer of authorisations by regional council

165V Requirements for offers for authorisations

165W Preferential rights of iwi

165X Acceptance of offer for authorisations

165Y Grant of authorisation

165Z Tender money

165ZA Use of tender money

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

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

165ZC Effect on applications of request under section 165ZB

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

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

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

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

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

Processing and hearing together of applications for coastal permits

165ZFB Application of sections 165ZFC to 165ZFH

165ZFC Interpretation

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

165ZFE Processing of affected applications

165ZFF Hearing of affected applications

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

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

Subpart 2Privately initiated plan changes

[Repealed]

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

165ZG Application

165ZH Processing applications for existing permit holders

165ZI Applications for space already used for aquaculture activities

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

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

165ZK Application

165ZL Interpretation

165ZM Other provisions of Act apply subject to this subpart

165ZN Application for coastal permit to undertake aquaculture activities

165ZO Identifying plan change requests and concurrent applications

165ZP Incomplete concurrent application

165ZQ Additional consents

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

165ZS Consideration of plan change request

165ZT Notification of accepted plan change request

165ZU Submissions on plan change request and concurrent application

165ZV Hearing of submissions

165ZW Type of activity in relation to concurrent activities

165ZX Consideration of plan change request and concurrent application

165ZY Regional council's decision on concurrent application

165ZZ Appeals

165ZZA Grant of coastal permit

Part 8
Designations and heritage orders

Designations

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

167 Application to become requiring authority

168 Notice of requirement to territorial authority

168A Notice of requirement by territorial authority

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

170 Discretion to include requirement in proposed plan

171 Recommendation by territorial authority

172 Decision of requiring authority

173 Notification of decision on designation

174 Appeals

175 Designation to be provided for in district plan

176 Effect of designation

176A Outline plan

177 Land subject to existing designation or heritage order

178 Interim effect of requirements for designations

179 Appeals relating to sections 176 to 178

180 Transfer of rights and responsibilities for designations

181 Alteration of designation

182 Removal of designation

183 Review of designation which has not lapsed [Repealed]

184 Lapsing of designations which have not been given effect to

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

185 Environment Court may order taking of land

186 Compulsory acquisition powers

Heritage orders

187 Meaning of heritage order and heritage protection authority

188 Application to become heritage protection authority

189 Notice of requirement to territorial authority

189A Notice of requirement for heritage order by territorial authority

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

191 Recommendation by territorial authority

192 Application of other sections

193 Effect of heritage order

193A Land subject to existing heritage order or designation

194 Interim effect of requirement

195 Appeals relating to sections 193 and 194

195A Alteration of heritage order

196 Removal of heritage order

197 Compulsory acquisition powers

198 Environment Court may order land taken, etc

Streamlining decision-making on designations and heritage orders

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

198B Requiring authority or heritage protection authority's request

198C Territorial authority’s decision on request

198D Territorial authority's subsequent processing

198E Environment Court decides

198F Residual powers of territorial authority

198G When territorial authority must deal with requirement

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

198I Territorial authority's decision

198J Territorial authority's subsequent processing

198K Environment Court decides

198L Residual powers of territorial authority

198M When territorial authority must deal with requirement

Part 9
Water conservation orders

199 Purpose of water conservation orders

200 Meaning of water conservation order

201 Application for water conservation order

202 Minister's obligations upon receipt of application

203 Special tribunal

204 Public notification of application

205 Submissions to special tribunal

206 Conduct of hearing

207 Matters to be considered

208 Special tribunal to report on application

209 Right to make submissions to Environment Court

210 Environment Court to hold inquiry

211 Who may be heard at inquiry

212 Matters to be considered by Environment Court

213 Court's report

214 Making of water conservation order

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

216 Revocation or variation of order

217 Effect of water conservation order

Part 10
Subdivision and reclamations

218 Meaning of subdivision of land

219 Information to accompany applications for subdivision consents [Repealed]

220 Condition of subdivision consents

221 Territorial authority to issue a consent notice

222 Completion certificates

Approval and deposit of survey plans

223 Approval of survey plan by territorial authority

224 Restrictions upon deposit of survey plan

225 Agreement to sell land or building before deposit of plan

226 Restrictions upon issue of certificates of title for subdivision

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

227 Cancellation of prior approvals

228 Subdivision by the Crown

Esplanade reserves

229 Purposes of esplanade reserves and esplanade strips

230 Requirement for esplanade reserves or esplanade strips

231 Esplanade reserves to vest on subdivision

232 Creation of esplanade strips

233 Effect of change to boundary of esplanade strip

234 Variation or cancellation of esplanade strips

235 Creation of esplanade strips by agreement

236 Where land previously set aside or reserved

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

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

237B Access strips

237C Closure of strips to public

237D Transfers to the Crown or regional council

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

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

237G Compensation

237H Valuation

Vesting of roads and reserves

238 Vesting of roads

239 Vesting of reserves or other land

Conditions as to amalgamation of land

240 Covenant against transfer of allotments

241 Amalgamation of allotments

242 Prior registered instruments protected

Conditions as to easements

243 Survey plan approved subject to grant or reservation of easements

Company leases and cross leases

[Repealed]

244 Company leases and cross leases [Repealed]

Reclamations

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

246 Restrictions on deposit of plan of survey for reclamation

Part 11
Environment Court

247 Planning Tribunal re-named Environment Court

248 Membership of Environment Court

Environment Judges and alternate Environment Judges

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

250 Appointment of Environment Judges and alternate Environment Judges

251 Principal Environment Judge

251A Appointment of acting Principal Environment Judge

252 When an alternate Environment Judge may act

Environment Commissioners and Deputy Environment Commissioners

253 Eligibility for appointment as Environment Commissioner or Deputy Environment Commissioner

254 Appointment of Environment Commissioner or Deputy Environment Commissioner

255 When a Deputy Environment Commissioner may act

256 Oath of office

Removal and resignation of members

257 Resignation

258 Removal of members

Special advisors

259 Special advisors

Officers of court

260 Registrar and other officers

Miscellaneous provisions relating to court

261 Protection from legal proceedings

262 Environment Court members who are ratepayers

263 Remuneration of Environment Commissioners and special advisors

264 Annual report of Registrar

Constitution of court

265 Environment Court sittings

266 Constitution of the Environment Court not to be questioned

Conferences and additional dispute resolution

267 Conferences

268 Alternative dispute resolution

Procedure and powers

269 Court procedure

270 Hearing matters together

271 Local hearings

271A Submitter may be party to proceedings [Repealed]

272 Hearing of proceedings

273 Successors to parties to proceedings

274 Representation at proceedings

275 Personal appearance or by representative

276 Evidence

276A Evidence of documents

277 Hearings and evidence generally to be public

278 Environment Court has powers of a District Court

279 Powers of Environment Judge sitting alone

280 Powers of Environment Commissioner sitting without Environment Judge

281 Waivers and directions

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

281B Review of exercise of power by Registrar

282 Power to commit for contempt

283 Non-attendance or refusal to co-operate

284 Witnesses' allowances

284A Security for costs [Repealed]

285 Awarding costs

286 Enforcing orders for costs

287 Reference of questions of law to High Court

288 Privileges and immunities

Appeals, inquiries, and other proceedings before Environment Court

289 Reply to appeal or request for inquiry [Repealed]

290 Powers of court in regard to appeals and inquiries

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

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

291 Other proceedings before court

Court's powers in regard to plans and policy statements

292 Remedying defects in plans

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

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

294 Review of decision by court

Decisions of Environment Court

295 Environment Court decisions are final

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

297 Decisions of court to be in writing

298 Documents judicially noticed

Appeals from Environment Court decisions

299 Appeal to High Court on question of law

300 Notice of appeal

301 Right to appear and be heard on appeal

302 Parties to the appeal before the High Court

303 Orders of the High Court

304 Dismissal of appeal

305 Additional appeals on questions of law

306 Extension of time

307 Date of hearing

308 Appeals to the Court of Appeal

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

308A Identification of trade competitors and surrogates

308B Limit on making submissions

308C Limit on representation at appeals

308CA Limit on representation at proceedings as party under section 274

308D Limit on appealing under this Act

308E Prohibition on using surrogate

308F Surrogate must disclose status

308G Declaration that Part contravened

308H Costs orders if declaration made

308I Proceedings for damages in High Court

Part 12
Declarations, enforcement, and ancillary powers

309 Proceedings to be heard by an Environment Judge

Declarations

310 Scope and effect of declaration

311 Application for declaration

312 Notification of application

313 Decision on application

Enforcement orders

314 Scope of enforcement order

315 Compliance with enforcement order

316 Application for enforcement order

317 Notification of application

318 Right to be heard

319 Decision on application

320 Interim enforcement order

321 Change or cancellation of enforcement order

Abatement notices

322 Scope of abatement notice

323 Compliance with abatement notice

324 Form and content of abatement notice

325 Appeals

325A Cancellation of abatement notice

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

Excessive noise

326 Meaning of excessive noise

327 Issue and effect of excessive noise direction

328 Compliance with an excessive noise direction

Water shortage

329 Water shortage direction

Emergency works

330 Emergency works and power to take preventive or remedial action

330A Resource consents for emergency works

330B Emergency works under Civil Defence Emergency Management Act 2002

331 Reimbursement or compensation for emergency works

Powers of entry and search

332 Power of entry for inspection

333 Power of entry for survey

334 Application for warrant for entry for search

335 Direction and execution of warrant for entry for search

Return of property

336 Return of property seized under sections 323 and 328

337 Return of property seized under warrant [Repealed]

Offences

338 Offences against this Act

339 Penalties

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

339B Additional penalty for certain offences for commercial gain

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

340 Liability of principal for acts of agents

341 Strict liability and defences

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

341B Liability and defences for discharging harmful substances

342 Fines to be paid to local authority instituting prosecution

343 Discharges from ships [Repealed]

Infringement offences

343A Infringement offences

343B Commission of infringement offence

343C Infringement notices

343D Entitlement to infringement fees

Part 13
Hazards Control Commission

[Repealed]

344 Interpretation [Repealed]

345 Purpose and principles [Repealed]

346 Establishment of Commission [Repealed]

347 Functions of Commission [Repealed]

348 Membership of Commission [Repealed]

349 Compliance with policy directions [Repealed]

350 Further provisions applying in respect of Commission [Repealed]

351 Regulations [Repealed]

Part 14
Miscellaneous provisions

352 Service of documents

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

353 Notices and consents in relation to Maori land

354 Crown's existing rights to resources to continue

355 Vesting of reclaimed land

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

355AB Application for renewals [Repealed]

355A Application for consent to unlawful reclamation

355B Enforcement powers against unlawful reclamations

356 Matters may be determined by arbitration

Rights of objection

357 Right of objection against certain decisions

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

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

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

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

358 Appeals against certain decisions or objections

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

360 Regulations

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

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

360C Regional council's obligations

361 Repeals and revocations

362 Consequential amendments

363 Conflicts with special Acts

Part 15
Transitional provisions

364 Application of this Part

365 Meaning of permission

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

367 Effect of regional planning schemes

Transitional regional plans

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

369 Provisions deemed to be regional rules

Transitional regional coastal plans

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

371 Provisions deemed to be regional rules

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

Transitional district plans

373 Existing district and maritime schemes to become district plans

374 Provisions deemed to be district rules

375 Transitional provisions for public utilities

Provisions relating to all plans

376 Transitional plans to be notified and available

377 Obligation to review transitional plans

378 Proceedings in relation to plans

379 Declarations

Transitional notices, directions, etc

380 Existing notices which continue in effect

381 Existing notices deemed to be abatement notices

382 Existing direction deemed to be excessive noise direction

382A Return of property seized under Noise Control Act 1982

Transitional resource consents

383 Existing permissions to become land use consents

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

384 Existing permissions to become coastal permits

384A Right of port companies to occupy coastal marine area

385 Existing clean air permissions to become discharge permits

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

387 Existing geothermal licences and authorisations deemed to be water permits

388 Requirement to supply information

389 Existing applications

390 Application being heard

390A Appeals

390B Date on which application deemed to be made

390C Dealing with applications for permissions

390D Timing for renewals

391 Applications for licences and approvals under Clean Air Act 1972

391A Resource consents following approval under Clean Air Act 1972

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

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

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

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

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

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

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

397 Existing applications for marine farming leases [Repealed]

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

399 Applications received on same day

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

401 Conditions of deemed resource consents

401A Transitional coastal occupation charges

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

Subdivision and development

402 Existing subdivision approvals

403 Existing objections and appeals in relation to subdivisions

404 Existing applications for approval

405 Transitional provisions for subdivisions

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

406 Grounds of refusal of subdivision consent

407 Subdivision consent conditions

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

409 Financial contributions for developments

410 Existing developments

411 Restriction on imposition of conditions as to financial contributions

412 Expiry of certain sections [Repealed]

Current mining privileges relating to water

413 Current mining privileges to become deemed permits

414 Deemed permits to be subject to regional rules

415 Acquisition of deemed permits

416 Compensation

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

Existing uses

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

418 Certain existing permitted uses may continue

419 Certain discharges affected by water classifications

420 Designations and requirements continued

421 Protection notices to become heritage orders

422 Procedure for requirements for designations and protection notices

423 National water conservation orders

Miscellaneous provisions

424 Savings as to bylaws

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

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

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

427 Deemed transfer of powers to former public bodies

428 Environment Court

429 Savings as to compensation claims

430 Savings as to court proceedings

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

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

433 Collection of water management charges

Part 16
Transitional provisions for amendments made on or after commencement of Resource Management Amendment Act 2013

434 Transitional provisions for amendments made on or after commencement of Resource Management Amendment Act 2013

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

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

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

[Repealed]

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

[Repealed]

Schedule 3
Water quality classes

Schedule 4
Assessment of effects on the environment

Schedule 5
Provisions applying in respect of the Hazards Control Commission

[Repealed]

Schedule 6
Enactments repealed

Schedule 7
Regulations and orders revoked

Schedule 8
Enactments amended

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

Schedule 10
Requirements for instruments creating esplanade strips and access strips

Schedule 11
Acts that include statutory acknowledgements

Schedule 12
Transitional provisions for amendments made on or after commencement of Resource Management Amendment Act 2013

Resource Management Amendment Act 2003

Resource Management (Energy and Climate Change) Amendment Act 2004

Resource Management (Foreshore and Seabed) Amendment Act 2004

Resource Management Amendment Act 2005

Resource Management (Simplifying and Streamlining) Amendment Act 2009

Reprint notes


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