360 Regulations

(1)

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

(a)

prescribing the manner or content of applications, notices, or any other documentation or information as may be required under this Act:

(aa)

prescribing the manner and content of forms for esplanade strips and access strips:

(ab)
[Repealed]

(ac)

prescribing the methods of making an application or requirement for a designation, the persons to be served, the times of service, and the form of application and notice required:

(b)

prescribing the fees payable or the methods for calculating fees and recovering costs in respect of consent applications, tenders, and operations, or other matters under this Act:

(baa)

prescribing, for the purpose of the Registrar deciding whether to waive, reduce, or postpone the payment of a fee under section 281A, the criteria that the Registrar must apply to—

(i)

assess a person’s ability to pay a fee; and

(ii)

identify proceedings that concern matters of public interest:

(ba)

prescribing those offences under this Act (including offences prescribed under paragraph (ho)) that constitute infringement offences against this Act:

(bb)

prescribing forms for infringement notices and any particulars to be contained in infringement notices, including infringement fees (which may be different fees for different offences)—

(i)

not exceeding a fee of $2,000 for each infringement offence prescribed under paragraph (ho):

(ii)

not exceeding a fee of $100 per stock unit for each infringement offence prescribed under paragraph (ho) that is differentiated on the basis of the number of stock units, to a maximum fee of $2,000 for each infringement offence:

(iii)

not exceeding a fee of $1,000 in any other case:

(bc)

prescribing forms of reminder notices to be used in respect of infringement offences against this Act:

(c)

prescribing the amount, methods for calculating the amount, and circumstances and manner in which holders of resource consents are liable to pay for—

(i)

the occupation of the coastal marine area, to the extent that it is within the common marine and coastal area; and

(ii)

the occupation of the bed of any river or lake that is land of the Crown; and

(iii)

the extraction of any sand, shingle, shell, and other natural materials from an area described in subparagraph (i) or (ii); and

(iv)

the use of geothermal energy:

(d)

requiring the holders of water permits, discharge permits, coastal permits, or land use consents granted for any activity that would otherwise contravene section 13, to keep records for any purpose under this Act, and prescribing the nature of records, information, and returns, and the form, manner, and times in or at which they shall be kept or furnished:

(da)

prescribing the form and content (including conditions) of water permits and discharge permits:

(e)

providing for any project or work to be a network utility operation for the purpose of section 166:

(f)

prescribing the practice and procedure of the Environment Court and the form of proceedings, both under this Act and in relation to the exercise of any jurisdiction conferred on the court by any other Act:

(g)

prescribing transitional and savings provisions relating to the coming into force of this Act, which may be in addition to or in place of any of the provisions of Part 15; and, without limiting the generality of the foregoing, any such regulations may provide that, subject to such conditions as are specified in the regulations, specified provisions of this Act shall not apply, or specified provisions of Acts repealed or amended by this Act, or of regulations, Orders in Council, notices, schemes, rights, licences, permits, approvals, authorisations, or consents made or given thereunder shall continue to apply, during a specified transitional period:

(h)

prescribing exemptions from any provision of section 15, either absolutely or subject to any prescribed conditions, and either generally or specifically or in relation to particular descriptions of contaminants or to the discharge of contaminants in particular circumstances or from particular sources, or in relation to any area of land, air, or water specified in the regulations:

(ha)

deeming to be included in any regional coastal plan or proposed regional coastal plan rules that may apply generally or specifically and that may do all or any of the following:

(i)

specify as controlled activities, restricted discretionary activities, discretionary activities, non-complying activities, or prohibited activities, any activities to which section 15A applies:

(ii)

specify criteria to be considered in considering any application under section 88 for a coastal permit to do something that otherwise would contravene section 15A or any application under section 127 to change or cancel any condition of such a coastal permit or on a review of conditions of such a coastal permit under section 128:

(hb)

prescribing any substance to be a harmful substance for the purposes of section 2(1):

(hc)

prescribing any waste or other matter to be toxic or hazardous waste for the purposes of section 15C:

(hd)
[Repealed]

(he)

without limiting paragraph (d), in relation to any coastal permit to do something that otherwise would contravene section 15A, requiring the holder of the coastal permit to keep records and furnish to the Director of Maritime New Zealand information and returns as to any matters in relation to any activity carried out under the coastal permit, and prescribing the nature of the records, information, and returns, and the form, manner, and times in or at which they shall be kept or furnished:

(hf)

prohibiting or permitting a discharge to which section 15B applies, or controlling a discharge to which that section applies, by prescribing conditions, limitations, or by other means, including describing the discharge by referring to the circumstances, quantities, components, or sources of the discharge:

(hg)

prohibiting or permitting with or without conditions the making of a rule or the granting of a resource consent for a discharge to which section 15B applies, including describing the discharge by referring to the circumstances, quantities, components, or sources of the discharge:

(hh)

prescribing any operations of a ship, aircraft, or offshore installation as a normal operation:

(hi)

prescribing criteria for the exercise, in a particular hearing or class of hearing, of any of the powers specified in sections 41B to 41D:

(hj)

providing for discounts on administrative charges imposed under section 36 when local authorities are responsible for applications for a resource consent and applications to change or cancel conditions under section 127, or for decisions on activities permitted under section 87BA(1)(c), not being processed within the time limits in this Act:

(hk)

prescribing, for the purposes of section 35(2) and (2AA),—

(i)

indicators or other matters by reference to which a local authority is required to monitor the state of the environment of its region or district:

(ia)

matters by reference to which monitoring must be carried out:

(ii)

standards, methods, or requirements applying to the monitoring, which may differ depending on what is being monitored:

(hl)

requiring local authorities to provide information gathered under sections 35 and 35A to the Minister, and prescribing the content of the information to be provided and the manner in which, and time limits by which, it must be provided:

(hm)

prescribing, for the purposes of sections 87E, 165ZFE, and 198C,—

(i)

threshold amounts, which may differ for proposals of different types or in different locations; and

(ii)

matters to which an authority is required to have regard in determining whether exceptional circumstances exist:

(hn)

prescribing measures for the purpose of excluding stock from water bodies, estuaries, and coastal lakes and lagoons, including regulations that—

(i)

apply generally in relation to stock or to specified kinds of stock (for example, dairy cattle):

(ii)

apply generally in relation to water bodies, estuaries, and coastal lakes and lagoons or to specified kinds of water bodies, estuaries, and coastal lakes and lagoons:

(iii)

apply different measures to different kinds of stock or to different kinds of water bodies, estuaries, and coastal lakes and lagoons:

(iv)

prescribe technical requirements for the purposes of the regulations (for example, the minimum height and other specifications with which any required means of exclusion must comply, such as requirements for fencing or riparian planting):

(ho)

prescribing infringement offences for the contravention of, or non-compliance with, any regulations made under paragraph (hn):

(hp)

prescribing requirements that apply to the use of models (being simplified representations of systems, for example, farms, catchments, and regions) under this Act by—

(i)

local authorities:

(ii)

the holders of resource consents:

(iii)

other persons:

(hq)

provide that, despite sections 68(2) and 76(2), a more stringent rule in a plan prevails over a regulation made under paragraph (hn):

(i)

providing for any other such matters as are contemplated by, or necessary for giving full effect to, this Act and for its due administration.

(2)

Any regulations may apply generally or may apply or be applied from time to time by the Minister by notice in the Gazette, within any specified district or region of any local authority or within any specified part of New Zealand, or to any specified class or classes of persons.

(2AA)

Any consultation undertaken before the commencement of subsection (1)(bb), (hn), or (ho), in relation to a regulation made under those paragraphs, satisfies the consultation requirements in relation to that regulation.

(2A)

No regulation shall be made under any of paragraphs (ha) to (he) of subsection (1) except on the recommendation of the Minister after consultation with the Minister of Transport and the Minister of Conservation.

(2B)

The Minister shall not recommend the making of any regulation under any of paragraphs (ha) to (hd) of subsection (1) unless, after having consulted with the Minister of Transport and the Minister of Conservation, the Minister is of the opinion that—

(a)

it is necessary or desirable to do so for all or any of the following purposes:

(i)

to implement New Zealand’s obligations under any international convention, protocol, or agreement, relating to the protection of the marine environment and to which New Zealand is a party:

(ii)

to enable New Zealand to become a party to any international convention, protocol, or agreement, relating to the protection of the marine environment:

(iii)

to implement such international practices or standards relating to the protection of the marine environment as may, from time to time, be recommended by the International Maritime Organization; or

(b)

it is not inconsistent with any such purpose to do so.

(2C)

The Minister may, by notice in the Gazette, amend any schedule of any regulations made under section 360(1)(hb) or (hc) by omitting or inserting the names or a description of waste or other matter or harmful substance to make that schedule comply with the provisions of an international convention relating to the pollution of the marine environment.

(2D)

Regulations made under subsection (1)(hf) and (hg) may apply—

(a)

generally within New Zealand or to those areas of New Zealand specified in the regulations:

(b)

generally to rules or resource consents, or to rules or resource consents made by the consent authorities specified in the regulations.

(2E)

Regulations may be made under section 360(1)(hm) only on the Minister’s recommendation. Before making the recommendation, the Minister must have regard to the intent of such regulations, which is to require requests for direct referral to be granted for proposals of a significant economic scale.

(2F)

Regulations made under subsection (1)(hn) or (ho) may specify—

(a)

that rules inconsistent with those regulations be withdrawn or amended—

(i)

to the extent necessary to remove the inconsistency; and

(ii)

as soon as practicable after the date on which the regulations come into force; but

(iii)

without using any of the processes under Schedule 1 for changing a plan or proposed plan; and

(b)

in relation to a rule made before the commencement of the regulations,—

(i)

the extent to which a matter that the regulations apply to continues to have effect; or

(ii)

the period for which a matter that the regulations apply to continues to have effect.

(2G)

If regulations specify a matter under subsection (2F), the local authorities concerned must publicly notify that the rules have been withdrawn or amended not later than 5 working days after they are withdrawn or amended.

(3)

All regulations made under subsection (1)(g) that are still in force on the day that is 5 years after the date of commencement of this Act shall expire at the close of that day.

(4)

Regulations made under this section may incorporate material by reference. Schedule 1AA applies as if its references to a national environmental standard, national policy statement, or New Zealand coastal policy statement were references to regulations under section 360.

Section 360(1)(aa): inserted, on 7 July 1993, by section 163(1) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 360(1)(ab): repealed, on 1 October 2009, by section 147(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 360(1)(ac): inserted, on 1 August 2003, by section 88(1) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 360(1)(baa): inserted, on 19 April 2017, by section 114(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 360(1)(ba): inserted, on 2 September 1996, by section 19 of the Resource Management Amendment Act 1996 (1996 No 160).

Section 360(1)(ba): amended, on 19 April 2017, by section 114(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 360(1)(bb): replaced, on 19 April 2017, by section 114(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 360(1)(bc): inserted, on 9 October 2006, by section 36(2) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 360(1)(c): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 360(1)(da): inserted, on 19 April 2017, by section 114(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 360(1)(f): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

Section 360(1)(h): amended, on 7 July 1993, by section 163(3)(a) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 360(1)(h): amended, on 7 July 1993, by section 163(3)(b) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 360(1)(ha): inserted, on 1 February 1995, by section 26(2) of the Resource Management Amendment Act 1994 (1994 No 105).

Section 360(1)(ha)(i): amended, on 1 August 2003, by section 88(2) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 360(1)(hb): inserted, on 1 February 1995, by section 26(2) of the Resource Management Amendment Act 1994 (1994 No 105).

Section 360(1)(hc): inserted, on 1 February 1995, by section 26(2) of the Resource Management Amendment Act 1994 (1994 No 105).

Section 360(1)(hd): repealed, on 17 December 1997, by section 60(1) of the Resource Management Amendment Act 1997 (1997 No 104).

Section 360(1)(he): inserted, on 1 February 1995, by section 26(2) of the Resource Management Amendment Act 1994 (1994 No 105).

Section 360(1)(he): amended, on 1 July 2005, by section 11(3) of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 360(1)(hf): inserted, on 17 December 1997, by section 60(2) of the Resource Management Amendment Act 1997 (1997 No 104).

Section 360(1)(hg): inserted, on 17 December 1997, by section 60(2) of the Resource Management Amendment Act 1997 (1997 No 104).

Section 360(1)(hh): inserted, on 17 December 1997, by section 60(2) of the Resource Management Amendment Act 1997 (1997 No 104).

Section 360(1)(hi): inserted, on 10 August 2005, by section 127 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 360(1)(hi): amended, on 18 October 2017, by section 171(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 360(1)(hj): inserted, on 1 October 2009, by section 147(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 360(1)(hj): amended, on 18 October 2017, by section 171(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 360(1)(hk): replaced, on 4 September 2013, by section 62(1) of the Resource Management Amendment Act 2013 (2013 No 63).

Section 360(1)(hk): amended, on 19 April 2017, by section 114(5) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 360(1)(hk)(ia): inserted, on 19 April 2017, by section 114(6) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 360(1)(hl): inserted, on 4 September 2013, by section 62(1) of the Resource Management Amendment Act 2013 (2013 No 63).

Section 360(1)(hm): inserted, on 4 September 2013, by section 62(1) of the Resource Management Amendment Act 2013 (2013 No 63).

Section 360(1)(hn): inserted, on 19 April 2017, by section 114(7) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 360(1)(ho): inserted, on 19 April 2017, by section 114(7) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 360(1)(hp): inserted, on 19 April 2017, by section 114(7) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 360(1)(hq): inserted, on 19 April 2017, by section 114(7) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 360(2A): inserted, on 1 February 1995, by section 26(3) of the Resource Management Amendment Act 1994 (1994 No 105).

Section 360(2AA): inserted, on 19 April 2017, by section 114(8) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 360(2B): inserted, on 1 February 1995, by section 26(3) of the Resource Management Amendment Act 1994 (1994 No 105).

Section 360(2C): inserted, on 17 December 1997, by section 60(3) of the Resource Management Amendment Act 1997 (1997 No 104).

Section 360(2D): inserted, on 17 December 1997, by section 60(3) of the Resource Management Amendment Act 1997 (1997 No 104).

Section 360(2E): inserted, on 4 September 2013, by section 62(2) of the Resource Management Amendment Act 2013 (2013 No 63).

Section 360(2F): inserted, on 19 April 2017, by section 114(9) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 360(2G): inserted, on 19 April 2017, by section 114(9) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 360(4): inserted, on 1 October 2009, by section 147(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).