1 Short Title and commencement

2 Interpretation

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

5 Purpose

6 Matters of national importance

7 Other matters

8 Treaty of Waitangi

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

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

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

13 Restriction on certain uses of beds of lakes and rivers

14 Restrictions relating to water

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

16 Duty to avoid unreasonable noise

17 Duty to avoid, remedy, or mitigate adverse effects

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

17B Adverse effects assessment

18 Possible defence in cases of unforeseen emergencies

19 Certain rules in proposed plans to be operative

20 Certain rules in proposed plans not to have effect

20A Certain existing lawful activities allowed

21 Avoiding unreasonable delay

22 Duty to give certain information

23 Other legal requirements not affected

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

26 Minister may make grants and loans

27 Minister may require local authorities to supply information

28 Functions of Minister of Conservation

28A Information to be supplied to Minister of Conservation

29 Delegation of functions by Ministers

30 Functions of regional councils under this Act

31 Functions of territorial authorities under this Act

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

32 Consideration of alternatives, benefits, and costs

32A Failure to carry out evaluation

33 Transfer of powers

34 Delegation of functions, etc, by local authorities

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

35 Duty to gather information, monitor, and keep records

35A Duty to keep records about iwi and hapu

36 Administrative charges

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

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

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

38 Authorisation and responsibilities of enforcement officers

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 a hearing

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

42A Reports to local authority

43 Regulations prescribing national environmental standards

43A Additional powers to implement 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

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

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

52 Consideration of recommendations and approval 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

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

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

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

67 Contents of regional plans

68 Regional rules

68A Aquaculture activities [Repealed]

69 Rules relating to water quality

70 Rules about discharges

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]

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

77A Power to include rules in plans

77B Types of activities

77C Certain activities to be treated as discretionary activities or prohibited activities

77D Rules for certain activities may include restrictions on notification

78 Withdrawal of proposed policy statements and plans [Repealed]

78A Combined regional and district documents

79 Review of policy statements and plans

79A Circumstance when further review required

79B Consequence of review under section 79A

80 Local authorities may combine to prepare, etc, plans

81 Boundary adjustments

82 Disputes

82A Dispute relating to review under section 79A

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

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

87AA This Part subject to Part 6A

87 Types of resource consents

88 Making an application

88A Description of type of activity to remain the same

88B Processing provisions from which periods described in section 88C are excluded

88C Description of excluded periods

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

90 Distribution of application to other authorities [Repealed]

91 Deferral pending application for additional consents

92 Further information, or agreement, may be requested

92A Responses to request

92B Responses to notification

93 When public notification of consent applications is required

94 When public notification of consent applications is not required

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

94B Forming opinion as to who may be adversely affected

94C Public notification if applicant requests or if special circumstances exist

94D When public notification and service requirements may be varied

95 Time limit for notification

96 Making of submissions

97 Time limit for submissions

98 Advice of submissions to applicant

99 Pre-hearing meetings

99A Mediation

100 Obligation to hold a hearing

101 Hearing date and notice

102 Joint hearings by 2 or more consent authorities

103 Combined hearings in respect of 2 or more applications

104 Consideration of applications

104A Determination of applications for controlled activities

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

104C Particular restrictions for restricted discretionary activities

104D Particular restrictions for non-complying activities

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

107B Provision for certain infrastructure works and related operations

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

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

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

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

117 Application to carry out a restricted coastal activity

118 Recommendation of hearing committee

119 Decision on application for restricted coastal activity

119A Residual powers of regional council

120 Right to appeal

121 Procedure for appeal

122 Consents not real or personal property

123 Duration of consent

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 consent

126 Cancellation of consent

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

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

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

139 Consent authorities to grant certificates of compliance

139A Consent authorities to issue existing use certificates

140 Meaning of applicant, local authority, and matter in sections 141 to 150AA

141 Application of sections 141A to 150AA to coastal marine areas

141A Minister's power to intervene

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

141C Form and effect of Minister's direction

142 Minister may determine not to proceed

143 Local authority's obligations

144 Minister to notify direction

145 Minister to receive submissions

146 Minister to appoint board of inquiry

147 Conduct of inquiry

148 Board to produce draft report

149 Board to produce final report

149A Appeals on questions of law

149B Costs of process

150 Residual powers of authorities

150AA Reference to Environment Court

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

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

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

165A Interpretation

165AB Establishment of aquaculture management areas

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

165BB Some applications for coastal permits must be cancelled

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

165C Provisions about aquaculture management areas

165D Provisions about occupation of coastal marine area

165E Offer of authorisations for available space in aquaculture management area

165F Offer of authorisations for activities other than aquaculture activities

165G Chief executive to be notified of proposed allocation

165H Plan may specify allocation methods

165I Duty to adopt most efficient and effective allocation mechanism

165J Allocation of space in aquaculture management area for aquaculture activities subject to reservation relating to commercial fishing

165K Applications not to be made or granted unless applicant holds authorisation

165L Authorisation not to confer right to coastal permit

165M Authorisation transferable

165N Authorisation lapses in certain circumstances

165O Power of Minister of Conservation to give directions relating to allocation of space

165P Public notice of offer of authorisations

165Q Requirements for offers

165R Preferential rights of iwi

165S Acceptance of offer

165T Grant of authorisation

165U Tender money

165V Use of tender money

165W Excluded areas

165X Aquaculture management areas may not be established in excluded areas as result of requests for changes

165Y Request for change may be made only in response to regional council seeking requests

165Z Invitation to request change to regional coastal plan or proposed regional coastal plan

165ZA Adoption of request or part of request for change, and combining requests

165ZB Acceptance of request or part of request for change

165ZC Regional council to notify chief executive of acceptance or adoption of request

165ZD Notification of change

165ZE Rejection of request for change

165ZF Allocation of authorisations from privately initiated changes

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

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, public notification, submissions, and hearing

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 requirement

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

187 Meaning of heritage order and heritage protection authority

188 Application to become a heritage protection authority

189 Notice of requirement to territorial authority