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Restrictions on aquaculture activities in coastal marine area and on other activities in aquaculture management areas [Repealed]
12B Continuation of coastal permit for aquaculture activities if aquaculture management area ceases to exist [Repealed]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[Repealed]
17A Recognised customary activity may be exercised in accordance with any controls [Repealed]
17B Adverse effects assessment [Repealed]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[Repealed]
19 Certain rules in proposed plans to be operative [Repealed]
20 Certain rules in proposed plans not to have effect [Repealed]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 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
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
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 1—Minister 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 2—How 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
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 3—Miscellaneous 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 1—Managing 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 2—Privately initiated plan changes
[Repealed]
Subpart 3—Order 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 4—Plan 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
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
[Repealed]
336 Return of property seized under sections 323 and 328 [Repealed]
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
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
Adverse effects assessment and report and controls in relation to a recognised customary activity
[Repealed]
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