Resource Management Act 1991

Reprint as at 30 April 2016

Coat of Arms of New Zealand

Resource Management Act 1991

Public Act
 
1991 No 69
Date of assent
 
22 July 1991
Commencement
 
see 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
1Short Title and commencement
2Interpretation
2AADefinitions relating to notification
2ASuccessors
3Meaning of effect
3APerson acting under resource consent with permission
4Act to bind the Crown
4AApplication of this Act to ships and aircraft of foreign States
5Purpose
6Matters of national importance
7Other matters
8Treaty of Waitangi
9Restrictions on use of land
10Certain existing uses in relation to land protected
10ACertain existing activities allowed
10BCertain existing building works allowed
11Restrictions on subdivision of land
12Restrictions on use of coastal marine area
12ARestrictions on aquaculture activities in coastal marine area and on other activities in aquaculture management areas [Repealed]
12BContinuation of coastal permit for aquaculture activities if aquaculture management area ceases to exist [Repealed]
13Restriction on certain uses of beds of lakes and rivers
14Restrictions relating to water
15Discharge of contaminants into environment
15ARestrictions on dumping and incineration of waste or other matter in coastal marine area
15BDischarge of harmful substances from ships or offshore installations
15CProhibitions in relation to radioactive waste or other radioactive matter and other waste in coastal marine area
16Duty to avoid unreasonable noise
17Duty to avoid, remedy, or mitigate adverse effects
[Repealed]
17ARecognised customary activity may be exercised in accordance with any controls [Repealed]
17BAdverse effects assessment [Repealed]
18Possible defence in cases of unforeseen emergencies
[Repealed]
19Certain rules in proposed plans to be operative [Repealed]
20Certain rules in proposed plans not to have effect [Repealed]
20ACertain existing lawful activities allowed
21Avoiding unreasonable delay
22Duty to give certain information
23Other legal requirements not affected
24Functions of Minister for the Environment
24APower of Minister for the Environment to investigate and make recommendations
25Residual powers of Minister for the Environment
25AMinister may direct preparation of plan, change, or variation
25BMinisters may direct commencement of review
26Minister may make grants and loans
27Minister may require local authorities to supply information
28Functions of Minister of Conservation
28ARegional council must supply information to Minister of Conservation
28BFunctions of Minister of Aquaculture
29Delegation of functions by Ministers
29ARestriction on Ministerial direction
30Functions of regional councils under this Act
31Functions of territorial authorities under this Act
31AMinister of Conservation to have certain powers of local authority
32Requirements for preparing and publishing evaluation reports
32AARequirements for undertaking and publishing further evaluations
32AFailure to carry out evaluation
33Transfer of powers
34Delegation of functions, etc, by local authorities
34ADelegation of powers and functions to employees and other persons
35Duty to gather information, monitor, and keep records
35ADuty to keep records about iwi and hapu
36Administrative charges
36AALocal authority policy on discounting administrative charges
36ANo duty under this Act to consult about resource consent applications and notices of requirement
36BPower to make joint management agreement
36CLocal authority may act by itself under joint management agreement
36DEffect of joint management agreement
36ETermination of joint management agreement
37Power of waiver and extension of time limits
37ARequirements for waivers and extensions
37BPersons to have powers of consent authority for purposes of sections 37 and 37A
38Authorisation and responsibilities of enforcement officers
39Hearings to be public and without unnecessary formality
39AAccreditation
39BPersons who may be given hearing authority
39CEffect of lack of accreditation
40Persons who may be heard at hearings
41Provisions relating to hearings
41AControl of hearings
41BDirections to provide evidence within time limits
41CDirections and requests before or at hearings
42Protection of sensitive information
42AReports to local authority
42BEstablishment of Environmental Protection Authority [Repealed]
42CFunctions of EPA
42DSecretary for the Environment to exercise functions of EPA [Repealed]
43AAInterpretation
43AABMeaning of district rule and regional rule
43AACMeaning of proposed plan
43Regulations prescribing national environmental standards
43AContents of national environmental standards
43BRelationship between national environmental standards and rules or consents
43CRelationship between national environmental standards and water conservation orders
43DRelationship between national environmental standards and designations
43ERelationship between national environmental standards and bylaws
43FDescription of discharges in national environmental standards for discharges
43GIncorporation of material by reference in national environmental standards
44Restriction on power to make national environmental standards
44ALocal authority recognition of national environmental standards
45Purpose of national policy statements (other than New Zealand coastal policy statements)
46Proposed national policy statement
46AMinister chooses process
46BIncorporation of material by reference in national policy statements
47Board of inquiry
47ABoard of inquiry to suspend consideration or consider additional material
48Public notification of proposed national policy statement and inquiry
49Submissions to board of inquiry
50Conduct of hearing
51Matters to be considered and board of inquiry’s report
51AWithdrawal of proposed national policy statement
52Consideration of recommendations and approval or withdrawal of statement
53Changes to or review or revocation of national policy statements
54Publication of national policy statements
55Local authority recognition of national policy statements
56Purpose of New Zealand coastal policy statements
57Preparation of New Zealand coastal policy statements
58Contents of New Zealand coastal policy statements
58AIncorporation of material by reference in New Zealand coastal policy statements
59Purpose of regional policy statements
60Preparation and change of regional policy statements
61Matters to be considered by regional council (policy statements)
62Contents of regional policy statements
63Purpose of regional plans
64Preparation and change of regional coastal plans
64AImposition of coastal occupation charges
65Preparation and change of other regional plans
66Matters to be considered by regional council (plans)
67Contents of regional plans
68Regional rules
68ARegional coastal plan not to authorise aquaculture activities in coastal marine area as permitted activities
69Rules relating to water quality
70Rules about discharges
70AApplication to climate change of rules relating to discharge of greenhouse gases
70BImplementation of national environmental standards
71Rules about esplanade reserves on reclamation [Repealed]
72Purpose of district plans
73Preparation and change of district plans
74Matters to be considered by territorial authority
75Contents of district plans
76District rules
77Rules about esplanade reserves on subdivision and road stopping
77APower to make rules to apply to classes of activities and specify conditions
77BDuty to include certain rules in relation to controlled or restricted discretionary activities
77CCertain activities to be treated as discretionary activities or prohibited activities [Repealed]
77DRules specifying activities for which consent applications must be notified or are precluded from being notified
78Withdrawal of proposed policy statements and plans [Repealed]
78ACombined regional and district documents [Repealed]
79Review of policy statements and plans
79ACircumstance when further review required [Repealed]
79BConsequence of review under section 79A [Repealed]
80Combined regional and district documents
81Boundary adjustments
82Disputes
82ADispute relating to review under section 79A [Repealed]
83Procedural requirements deemed to be observed
84Local authorities to observe their own policy statements and plans
85Compensation not payable in respect of controls on land
85APlan or proposed plan must not include certain rules
85BProcess to apply if plan or proposed plan does not comply with section 85A
86Power to acquire land
86APurpose of sections 86B to 86G
86BWhen rules in proposed plans and changes have legal effect
86CWhen rule has legal effect if decision to delay its effect is rescinded
86DEnvironment Court may order rule to have legal effect from date other than standard date
86ELocal authorities must identify rules having early or delayed legal effect
86FWhen rules in proposed plans must be treated as operative
86GRule that has not taken legal effect or become operative excluded from references to rule in this Act and regulations made under this Act
87AAThis Part subject to Part 6A
87Types of resource consents
87AClasses of activities
87BCertain activities to be treated as discretionary activities or prohibited activities
87CSections 87D to 87I apply to resource consent applications
87DRequest for application to go directly to Environment Court
87EConsent authority’s decision on request
87FConsent authority’s subsequent processing
87GEnvironment Court determines application
87HResidual powers of consent authority
87IWhen consent authority must determine application
88Making an application
88ADescription of type of activity to remain the same
88BTime limits from which time periods are excluded in relation to applications
88CExcluded time periods relating to provision of further information
88DExcluded time periods relating to direct referral
88EExcluded time periods relating to other matters
88FExcluded time periods relating to pre-request aquaculture agreements
89Applications to territorial authorities for resource consents where land is in coastal marine area
89AApplications affecting navigation to be referred to Maritime New Zealand
90Distribution of application to other authorities [Repealed]
91Deferral pending application for additional consents
91AApplicant may have processing of application suspended
91BWhen suspension of processing ceases
91CApplication may be returned if suspended after certain period
92Further information, or agreement, may be requested
92AResponses to request
92BResponses to notification
[Repealed]
93When public notification of consent applications is required [Repealed]
94When public notification of consent applications is not required [Repealed]
94AForming opinion as to whether adverse effects are minor or more than minor [Repealed]
94BForming opinion as to who may be adversely affected [Repealed]
94CPublic notification if applicant requests or if special circumstances exist [Repealed]
94DWhen public notification and service requirements may be varied [Repealed]
95Time limit for public notification or limited notification
95APublic notification of consent application at consent authority’s discretion
95BLimited notification of consent application
95CPublic notification of consent application after request for further information or report
95DConsent authority decides if adverse effects likely to be more than minor
95EConsent authority decides if person is affected person
95FStatus of protected customary rights group
95GStatus of customary marine title group
96Making submissions
97Time limit for submissions
98Advice of submissions to applicant
99Pre-hearing meetings
99AMediation
100Obligation to hold a hearing
100AHearing by commissioner if requested by applicant or submitter
101Hearing date and notice
102Joint hearings by 2 or more consent authorities
103Combined hearings in respect of 2 or more applications
103ATime limit for completion of hearing of notified application
103BRequirement to provide report and other evidence before hearing
104Consideration of applications
104ADetermination of applications for controlled activities
104BDetermination of applications for discretionary or non-complying activities
104CDetermination of applications for restricted discretionary activities
104DParticular restrictions for non-complying activities
[Repealed]
104EApplications relating to discharge of greenhouse gases
104FImplementation of national environmental standards
105Matters relevant to certain applications
106Consent authority may refuse subdivision consent in certain circumstances
107Restriction on grant of certain discharge permits
107ARestrictions on grant of resource consents [Repealed]
107BProvision for certain infrastructure works and related operations [Repealed]
107CCircumstances when written approval for resource consent required from holder of customary rights order [Repealed]
107DProcess to apply if grant of resource consent has effect of cancelling customary rights order [Repealed]
[Repealed]
107EDecision on application to undertake non-aquaculture activity in aquaculture management area [Repealed]
107FApplications to undertake aquaculture activities
108Conditions of resource consents
108ABonds
109Special provisions in respect of bonds or covenants
110Refund of money and return of land where activity does not proceed
111Use of financial contributions
112Obligation to pay rent and royalties deemed condition of consent
113Decisions on applications to be in writing, etc
114Notification
115Time limits for notification of decision
116When a resource consent commences
116AWhen coastal permit for aquaculture activities may commence
117Application to carry out restricted coastal activity
118Recommendation of hearing committee [Repealed]
119Decision on application for restricted coastal activity [Repealed]
119ACoastal permit for restricted coastal activity treated as if granted by regional council
120Right to appeal
121Procedure for appeal
122Consents not real or personal property
123Duration of consent
123ADuration of consent for aquaculture activities
124Exercise of resource consent while applying for new consent
124AWhen sections 124B and 124C apply and when they do not apply
124BApplications by existing holders of resource consents
124CApplications by persons who are not existing holders of resource consents
125Lapsing of consents
126Cancellation of consent
127Change or cancellation of consent condition on application by consent holder
128Circumstances when consent conditions can be reviewed
129Notice of review
130Public notification, submissions, and hearing, etc
131Matters to be considered in review
132Decisions on review of consent conditions
133Powers under Part 12 not affected
133AMinor corrections of resource consents
134Land use and subdivision consents attach to land
135Transferability of coastal permits
136Transferability of water permits
137Transferability of discharge permits
138Surrender of consent
138ASpecial provisions relating to coastal permits for dumping and incineration
139Consent authorities and Environmental Protection Authority to issue certificates of compliance
139AConsent authorities to issue existing use certificates
[Repealed]
140Outline of this Part
141Interpretation
141AMinister’s power to intervene [Repealed]
141BMinister’s power to call in matters that are or are part of proposals of national significance [Repealed]
141CForm and effect of Minister’s direction [Repealed]
142Minister may call in matter that is or is part of proposal of national significance
143Restriction on when local authority may request call in
144Restriction on when Minister may call in matter
144AEPA to advise and make recommendations to Minister in relation to call-in
145Matter lodged with EPA
146EPA to recommend course of action to Minister
147Minister makes direction after EPA recommendation
148Proposals relating to coastal marine area
149EPA may request further information or commission report
149AEPA must serve Minister’s direction on local authority and applicant
149BLocal authority’s obligations if matter called in
149CEPA must give public notice of Minister’s direction
149DMinister may instruct EPA to delay giving public notice pending application for additional consents
149EEPA to receive submissions on matter if public notice of direction has been given
149FEPA to receive further submissions if matter is request, change, or variation
149GEPA must provide board or court with necessary information
149HLocal authority may not notify further change or variation in certain circumstances
149ILimitation on withdrawal of change or variation
149JMinister to appoint board of inquiry
149KHow members appointed
149LConduct of inquiry
149MProcess if matter is request for regional plan or change and particular circumstances apply
149NProcess if section 149M applies or proposed plan or change not yet prepared
149OPublic notice and submissions where EPA receives proposed plan or change from local authority under section 149N
149PConsideration of matter by board
149QBoard to produce draft report
149RBoard to produce final report
149RAMinor corrections of board decisions, etc
149SMinister may extend time by which board must report
149TMatter referred to Environment Court
149UConsideration of matter by Environment Court
149VAppeal from decisions only on question of law
149WLocal authority to implement decision of board or court about proposed regional plan or change or variation
149XResidual powers of local authority
149YEPA must refer matter to local authority if direction made by Minister
149ZLocal authority must process referred matter
149ZAMinister’s powers to intervene in matter
149ZBHow EPA must deal with certain applications and notices of requirement
149ZCMinister to decide whether application or notice of requirement to be notified
149ZDCosts of processes under this Part recoverable from applicant
149ZERemuneration, allowances, and expenses of boards of inquiry
150Residual powers of authorities [Repealed]
150AAReference to Environment Court [Repealed]
150AInterpretation
150BMoratorium
150CEarlier expiry of moratorium in relation to specified areas
150DPending applications to be considered under rules as at end of moratorium [Repealed]
150ETransitional provision [Repealed]
150FNo compensation
150GCertain coastal permits issued in period from 1 June 1995 to 1 August 2003 continued
151AAPart not to apply to applications to occupy coastal marine area
151Interpretation
152Order in Council may be made requiring holding of authorisation
153Application of Order in Council
154Publication, etc, of Order in Council
155Particulars of Order in Council to be endorsed on regional coastal plan
156Effect of Order in Council
157Calling of public tenders for authorisations
158Requirements of tender
159Acceptance of tender, etc
160Notice of acceptance of tender
161Grant of authorisation
162Authorisation not to confer right to coastal permit, etc
163Authorisation transferable
164Authorisation to lapse in certain circumstances
165Tender money
165AOverview
165ABEstablishment of aquaculture management areas [Repealed]
165BRelationship of Part with rest of Act
165BBSome applications for coastal permits must be cancelled [Repealed]
165BCCertain applications not to be processed or determined until aquaculture management area established in regional coastal plan [Repealed]
165CInterpretation
165DPower of consent authorities to refuse to receive applications for coastal permits
165EApplications in relation to aquaculture settlement areas
165FProvisions about occupation of common marine and coastal area
165GPlan may specify allocation methods
165HRegional council to have regard to and be satisfied about certain matters before including allocation rule in regional coastal plan or proposed regional coastal plan
165IOffer of authorisations for activities in common marine and coastal area in accordance with plan
165JWhen applications not to be made unless applicant holds authorisation in accordance with plan
165KPower to give directions relating to allocation of authorisations for space provided for in plan
165LRegional council may request use of allocation method
165MStay on applications following request under section 165L
165NMinister may approve use of allocation method
165OPeriod of approval
165POffer of authorisations where approved by Minister
165QWhen applications not to be made or granted unless applicant holds authorisation in accordance with Gazette notice
165RAuthorisation not to confer right to coastal permit
165SAuthorisation transferable
165TAuthorisation lapses in certain circumstances
165UPublic notice of offer of authorisations by regional council
165VRequirements for offers for authorisations
165WPreferential rights of iwi
165XAcceptance of offer for authorisations
165YGrant of authorisation
165ZTender money
165ZAUse of tender money
165ZBRegional council may request suspension of applications to occupy common marine and coastal area for purposes of aquaculture activities
165ZCEffect on applications of request under section 165ZB
165ZDMinister of Aquaculture may suspend applications to occupy the common marine and coastal area for the purposes of aquaculture activities
165ZESubsequent requests for direction in relation to suspension of receipt of applications
165ZFRegional council may request direction to process and hear together applications for permits to occupy common marine and coastal area for purpose of aquaculture activities
165ZFAMinisterial power to direct applications to be processed and heard together
165ZFBApplication of sections 165ZFC to 165ZFH
165ZFCInterpretation
165ZFDEffect of requirement that applications be processed and heard together on direct referral to Environment Court under sections 87D to 87I
165ZFEProcessing of affected applications
165ZFFHearing of affected applications
165ZFGEffect of requirement that applications be processed and heard together on power of Minister to call in applications under section 142
165ZFHEffect of requirement that applications be processed and heard together on lodgement of applications with EPA
[Repealed]
165ZGApplication
165ZHProcessing applications for existing permit holders
165ZIApplications for space already used for aquaculture activities
165ZJAdditional criteria for considering applications for permits for space already used for aquaculture activities
165ZKApplication
165ZLInterpretation
165ZMOther provisions of Act apply subject to this subpart
165ZNApplication for coastal permit to undertake aquaculture activities
165ZOIdentifying plan change requests and concurrent applications
165ZPIncomplete concurrent application
165ZQAdditional consents
165ZRConcurrent application to be declined or treated as withdrawn if plan change request declined or withdrawn
165ZSConsideration of plan change request
165ZTNotification of accepted plan change request
165ZUSubmissions on plan change request and concurrent application
165ZVHearing of submissions
165ZWType of activity in relation to concurrent activities
165ZXConsideration of plan change request and concurrent application
165ZYRegional council’s decision on concurrent application
165ZZAppeals
165ZZAGrant of coastal permit
166Meaning of designation, network utility operator, and requiring authority
167Application to become requiring authority
168Notice of requirement to territorial authority
168ANotice of requirement by territorial authority
169Further information, notification, submissions, and hearing for notice of requirement to territorial authority
170Discretion to include requirement in proposed plan
171Recommendation by territorial authority
172Decision of requiring authority
173Notification of decision on designation
174Appeals
175Designation to be provided for in district plan
176Effect of designation
176AOutline plan
177Land subject to existing designation or heritage order
178Interim effect of requirements for designations
179Appeals relating to sections 176 to 178
180Transfer of rights and responsibilities for designations
181Alteration of designation
182Removal of designation
183Review of designation which has not lapsed [Repealed]
184Lapsing of designations which have not been given effect to
184ALapsing of designations of territorial authority in its own district
185Environment Court may order taking of land
186Compulsory acquisition powers
187Meaning of heritage order and heritage protection authority
188Application to become heritage protection authority
189Notice of requirement to territorial authority
189ANotice of requirement for heritage order by territorial authority
190Further information, notification, submissions, and hearing for notice of requirement to territorial authority
191Recommendation by territorial authority
192Application of other sections
193Effect of heritage order
193ALand subject to existing heritage order or designation
194Interim effect of requirement
195Appeals relating to sections 193 and 194
195AAlteration of heritage order
196Removal of heritage order
197Compulsory acquisition powers
198Environment Court may order land taken, etc
198AATime limits from which time periods are excluded in relation to designations and heritage orders
198ABExcluded time periods relating to provision of further information
198ACExcluded time periods relating to direct referral
198ADExcluded time periods relating to other matters
198ASections 198B to 198G apply to requirements under section 168 or 189
198BRequiring authority or heritage protection authority’s request
198CTerritorial authority’s decision on request
198DTerritorial authority’s subsequent processing
198EEnvironment Court decides
198FResidual powers of territorial authority
198GWhen territorial authority must deal with requirement
198HSections 198I to 198M apply to requirements under section 168A or 189A
198ITerritorial authority’s decision
198JTerritorial authority’s subsequent processing
198KEnvironment Court decides
198LResidual powers of territorial authority
198MWhen territorial authority must deal with requirement
199Purpose of water conservation orders
200Meaning of water conservation order
201Application for water conservation order
202Minister’s obligations upon receipt of application
203Special tribunal
204Public notification of application
205Submissions to special tribunal
206Conduct of hearing
207Matters to be considered
208Special tribunal to report on application
209Right to make submissions to Environment Court
210Environment Court to hold inquiry
211Who may be heard at inquiry
212Matters to be considered by Environment Court
213Court’s report
214Making of water conservation order
215Minister’s obligation to state reasons for not accepting recommendation
216Revocation or variation of order
217Effect of water conservation order
218Meaning of subdivision of land
219Information to accompany applications for subdivision consents [Repealed]
220Condition of subdivision consents
221Territorial authority to issue a consent notice
222Completion certificates
223Approval of survey plan by territorial authority
224Restrictions upon deposit of survey plan
225Agreement to sell land or building before deposit of plan
226Restrictions upon issue of certificates of title for subdivision
226ASavings in respect of cross leases, company leases, and retirement village leases
227Cancellation of prior approvals
228Subdivision by the Crown
229Purposes of esplanade reserves and esplanade strips
230Requirement for esplanade reserves or esplanade strips
231Esplanade reserves to vest on subdivision
232Creation of esplanade strips
233Effect of change to boundary of esplanade strip
234Variation or cancellation of esplanade strips
235Creation of esplanade strips by agreement
236Where land previously set aside or reserved
237Approval of survey plans where esplanade reserve or esplanade strips required
237AVesting of land in common marine and coastal area or bed of lake or river
237BAccess strips
237CClosure of strips to public
237DTransfers to the Crown or regional council
237ECompensation for taking of esplanade reserves or strips on allotments of less than 4 hectares
237FCompensation for taking of esplanade reserves or strips on allotments of 4 hectares or more
237GCompensation
237HValuation
238Vesting of roads
239Vesting of reserves or other land
240Covenant against transfer of allotments
241Amalgamation of allotments
242Prior registered instruments protected
243Survey plan approved subject to grant or reservation of easements
[Repealed]
244Company leases and cross leases [Repealed]
245Consent authority approval of a plan of survey of a reclamation
246Restrictions on deposit of plan of survey for reclamation
247Planning Tribunal re-named Environment Court
248Membership of Environment Court
249Eligibility for appointment as an Environment Judge or alternate Environment Judge
250Appointment of Environment Judges and alternate Environment Judges
251Principal Environment Judge
251AAppointment of acting Principal Environment Judge
252When an alternate Environment Judge may act
253Eligibility for appointment as Environment Commissioner or Deputy Environment Commissioner
254Appointment of Environment Commissioner or Deputy Environment Commissioner
255When a Deputy Environment Commissioner may act
256Oath of office
257Resignation
258Removal of members
259Special advisors
260Registrar and other officers
261Protection from legal proceedings
262Environment Court members who are ratepayers
263Remuneration of Environment Commissioners and special advisors
264Annual report of Registrar
265Environment Court sittings
266Constitution of the Environment Court not to be questioned
267Conferences
268Alternative dispute resolution
269Court procedure
270Hearing matters together
271Local hearings
271ASubmitter may be party to proceedings [Repealed]
272Hearing of proceedings
273Successors to parties to proceedings
274Representation at proceedings
275Personal appearance or by representative
276Evidence
276AEvidence of documents
277Hearings and evidence generally to be public
278Environment Court has powers of a District Court
279Powers of Environment Judge sitting alone
280Powers of Environment Commissioner sitting without Environment Judge
281Waivers and directions
281ARegistrar may waive, reduce, or postpone payment of fee
281BReview of exercise of power by Registrar
282Power to commit for contempt
283Non-attendance or refusal to co-operate
284Witnesses’ allowances
284ASecurity for costs [Repealed]
285Awarding costs
286Enforcing orders for costs
287Reference of questions of law to High Court
288Privileges and immunities
289Reply to appeal or request for inquiry [Repealed]
290Powers of court in regard to appeals and inquiries
290AAPowers of court in regard to certain appeals under clause 14 of Schedule 1
290AEnvironment Court to have regard to decision that is subject of appeal or inquiry
291Other proceedings before court
292Remedying defects in plans
293Environment Court may order change to proposed policy statements and plans
293ADeterminations on recognition orders and agreements made under Marine and Coastal Area (Takutai Moana) Act 2011
294Review of decision by court
295Environment Court decisions are final
296No review of decisions unless right of appeal or reference to inquiry exercised
297Decisions of court to be in writing
298Documents judicially noticed
299Appeal to High Court on question of law
300Notice of appeal
301Right to appear and be heard on appeal
302Parties to the appeal before the High Court
303Orders of the High Court
304Dismissal of appeal
305Additional appeals on questions of law
306Extension of time
307Date of hearing
308Appeals to the Court of Appeal
308AIdentification of trade competitors and surrogates
308BLimit on making submissions
308CLimit on representation at appeals
308CALimit on representation at proceedings as party under section 274
308DLimit on appealing under this Act
308EProhibition on using surrogate
308FSurrogate must disclose status
308GDeclaration that Part contravened
308HCosts orders if declaration made
308IProceedings for damages in High Court
309Proceedings to be heard by an Environment Judge
310Scope and effect of declaration
311Application for declaration
312Notification of application
313Decision on application
314Scope of enforcement order
315Compliance with enforcement order
316Application for enforcement order
317Notification of application
318Right to be heard
319Decision on application
320Interim enforcement order
321Change or cancellation of enforcement order
322Scope of abatement notice
323Compliance with abatement notice
324Form and content of abatement notice
325Appeals
325ACancellation of abatement notice
325BRestrictions on certain applications for enforcement orders and abatement notices
326Meaning of excessive noise
327Issue and effect of excessive noise direction
328Compliance with an excessive noise direction
329Water shortage direction
330Emergency works and power to take preventive or remedial action
330AResource consents for emergency works
330BEmergency works under Civil Defence Emergency Management Act 2002
331Reimbursement or compensation for emergency works
332Power of entry for inspection
333Power of entry for survey
334Application for warrant for entry for search
335Direction and execution of warrant for entry for search
336Return of property seized under sections 323 and 328
337Return of property seized under warrant [Repealed]
338Offences against this Act
339Penalties
339AProtection against imprisonment for dumping and discharge offences involving foreign ships
339BAdditional penalty for certain offences for commercial gain
339CAmount of fine or other monetary penalty recoverable by distress and sale of ship or from agent
340Liability of principal for acts of agents
341Strict liability and defences
341ALiability and defences for dumping and storage of waste or other matter
341BLiability and defences for discharging harmful substances
342Fines to be paid to local authority instituting prosecution
343Discharges from ships [Repealed]
343AInfringement offences
343BCommission of infringement offence
343CInfringement notices
343DEntitlement to infringement fees
[Repealed]
344Interpretation [Repealed]
345Purpose and principles [Repealed]
346Establishment of Commission [Repealed]
347Functions of Commission [Repealed]
348Membership of Commission [Repealed]
349Compliance with policy directions [Repealed]
350Further provisions applying in respect of Commission [Repealed]
351Regulations [Repealed]
352Service of documents
352AMode of service of summons on master or owner of ship
353Notices and consents in relation to Maori land
354Crown’s existing rights to resources to continue
355Vesting of reclaimed land
355AAEffect of Foreshore and Seabed Act 2004 on vesting of reclamations [Repealed]
355ABApplication for renewals [Repealed]
355AApplication for consent to unlawful reclamation
355BEnforcement powers against unlawful reclamations
356Matters may be determined by arbitration
357Right of objection against certain decisions
357ARight of objection to consent authority against certain decisions or requirements
357BRight of objection in relation to imposition of additional charges or recovery of costs
357CProcedure for making and hearing objection under sections 357 to 357B
357DDecision on objections made under sections 357 to 357B
358Appeals against certain decisions or objections
359Regional councils to pay rents, royalties, and other money received into Crown Bank Account
360Regulations
360ARegulations amending regional coastal plans in relation to aquaculture activities
360BConditions to be satisfied before regulations made under section 360A
360CRegional council’s obligations
361Repeals and revocations
362Consequential amendments
363Conflicts with special Acts
364Application of this Part
365Meaning of permission
366Effect of this Act on existing schemes, consents, etc
367Effect of regional planning schemes
368Existing notices, bylaws, etc, to become regional plans
369Provisions deemed to be regional rules
370Existing notices, bylaws, etc, to become regional coastal plans
371Provisions deemed to be regional rules
372Power of Minister of Conservation to give directions relating to restricted coastal activities
373Existing district and maritime schemes to become district plans
374Provisions deemed to be district rules
375Transitional provisions for public utilities
376Transitional plans to be notified and available
377Obligation to review transitional plans
378Proceedings in relation to plans
379Declarations
380Existing notices which continue in effect
381Existing notices deemed to be abatement notices
382Existing direction deemed to be excessive noise direction
382AReturn of property seized under Noise Control Act 1982
383Existing permissions to become land use consents
383AExisting permissions to allow use of beds of lakes and rivers
384Existing permissions to become coastal permits
384ARight of port companies to occupy coastal marine area
385Existing clean air permissions to become discharge permits
386Existing rights and authorities under Water and Soil Conservation Act 1967
387Existing geothermal licences and authorisations deemed to be water permits
388Requirement to supply information
389Existing applications
390Application being heard
390AAppeals
390BDate on which application deemed to be made
390CDealing with applications for permissions
390DTiming for renewals
391Applications for licences and approvals under Clean Air Act 1972
391AResource consents following approval under Clean Air Act 1972
392Provisions of Clean Air Act 1972 may be considered on applications for resource consents for discharging contaminants into the air [Expired]
393Applications for Orders in Council to reclaim land and approval for harbour works
394Transitional provisions relating to setting aside of esplanade reserves on reclamation [Repealed]
395Applications for works, etc, in coastal marine area [Repealed]
396Applications for marine farming in coastal marine area [Repealed]
396ANotification of lapsing, cancellation, or surrender of coastal permit for marine farming [Repealed]
396BNotification of rule change affecting marine farming [Repealed]
397Existing applications for marine farming leases [Repealed]
398Regional councils not to accept applications for coastal permits in areas notified by Minister of Fisheries [Repealed]
399Applications received on same day
400Applications under Marine Farming Act 1971 for prohibited anchorages, etc
401Conditions of deemed resource consents
401ATransitional coastal occupation charges
401BObligation to pay coastal occupation charge deemed condition of consent
402Existing subdivision approvals
403Existing objections and appeals in relation to subdivisions
404Existing applications for approval
405Transitional provisions for subdivisions
405ATransitional provisions for esplanade reserves where land subdivided or road stopped
406Grounds of refusal of subdivision consent
407Subdivision consent conditions
408Existing approvals for unit plans, cross lease plans, and company lease plans
409Financial contributions for developments
410Existing developments
411Restriction on imposition of conditions as to financial contributions
412Expiry of certain sections [Repealed]
413Current mining privileges to become deemed permits
414Deemed permits to be subject to regional rules
415Acquisition of deemed permits
416Compensation
417Permits over land other than that of holders to be produced in Land Transfer Office
417AUses of lakes and rivers not restricted by section 9
418Certain existing permitted uses may continue
419Certain discharges affected by water classifications
420Designations and requirements continued
421Protection notices to become heritage orders
422Procedure for requirements for designations and protection notices
423National water conservation orders
424Savings as to bylaws
425Leases, licences, and other authorities under Harbours Act 1950
425AFunctions and powers in respect of activities on or in Lake Taupo
426Leases and licences executed under Marine Farming Act 1971 [Repealed]
427Deemed transfer of powers to former public bodies
428Environment Court
429Savings as to compensation claims
430Savings as to court proceedings
431Obligation to prepare draft New Zealand coastal policy statement within 1 year
432Obligation to prepare regional policy statements and coastal plans within 2 years
433Collection of water management charges
434Transitional provisions for amendments made on or after commencement of Resource Management Amendment Act 2013
[Repealed]
[Repealed]
[Repealed]
Reprint notes

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

 
1 Short Title and commencement

(1)

This Act may be cited as the Resource Management Act 1991.

(2)

Except as provided in subsection (3), this Act shall come into force on 1 October 1991.

(3)

[Repealed]

Section 1(3): repealed, on 2 July 2001, by section 149 of the Hazardous Substances and New Organisms Act 1996 (1996 No 30).

Part 1 Interpretation and application

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

abatement notice means a notice served under section 322

access strip means a strip of land created by the registration of an easement in accordance with section 237B for the purpose of allowing public access to or along any river, or lake, or the coast, or to any esplanade reserve, esplanade strip, other reserve, or land owned by the local authority or by the Crown (but excluding all land held for a public work except land held, administered, or managed under the Conservation Act 1987 and the Acts named in Schedule 1 of that Act)

accommodated activity has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

accredited means to hold a qualification approved and notified under section 39A

adverse effects assessment means an assessment carried out—

(a)

by the Minister of Conservation under Part 1 of Schedule 12; or

(b)

by a regional council under section 17B(1)(a), in accordance with Part 2 of Schedule 12

adverse effects report means a written report prepared—

(a)

by the Minister of Conservation in accordance with Part 1 of Schedule 12; or

(b)

by a regional council under section 17B(1)(b), in accordance with Part 2 of Schedule 12

agent or agent of the ship, in relation to a ship, means—

(a)

any agent in New Zealand of the owner of the ship; or

(b)

any agent of the ship

agreement has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

aircraft means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by reactions of the air against the surface of the earth

airport means any defined area of land or water intended or designed to be used, whether wholly or partly, for the landing, departure, movement, or servicing of aircraft

allotment has the meaning set out in section 218

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

applicant,—

(a)

in sections 37A, 40, 41B, 41C, and 42A means—

(i)

for the purposes of a review of consent conditions, the consent holder; or

(ii)

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

(b)

in section 96, means the person who—

(i)

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

(ii)

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

(iii)

initiates a requirement for a designation:

(c)

in Part 6AA, has the meaning given in section 141

aquaculture activities

(a)

means any activity described in section 12 done for the purpose of the breeding, hatching, cultivating, rearing, or ongrowing of fish, aquatic life, or seaweed for harvest if the breeding, hatching, cultivating, rearing, or ongrowing involves the occupation of a coastal marine area; and

(b)

includes the taking of harvestable spat if the taking involves the occupation of a coastal marine area; but

(c)

does not include an activity specified in paragraph (a) if the fish, aquatic life, or seaweed—

(i)

are not in the exclusive and continuous possession or control of the person undertaking the activity; or

(ii)

cannot be distinguished or kept separate from naturally occurring fish, aquatic life, or seaweed; and

(d)

does not include an activity specified in paragraph (a) or (b) if the activity is carried out solely for the purpose of monitoring the environment

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

bed means,—

(a)

in relation to any river—

(i)

for the purposes of esplanade reserves, esplanade strips, and subdivision, the space of land which the waters of the river cover at its annual fullest flow without overtopping its banks:

(ii)

in all other cases, the space of land which the waters of the river cover at its fullest flow without overtopping its banks; and

(b)

in relation to any lake, except a lake controlled by artificial means,—

(i)

for the purposes of esplanade reserves, esplanade strips, and subdivision, the space of land which the waters of the lake cover at its annual highest level without exceeding its margin:

(ii)

in all other cases, the space of land which the waters of the lake cover at its highest level without exceeding its margin; and

(c)

in relation to any lake controlled by artificial means, the space of land which the waters of the lake cover at its maximum permitted operating level; and

(d)

in relation to the sea, the submarine areas covered by the internal waters and the territorial sea

benefits and costs includes benefits and costs of any kind, whether monetary or non-monetary

best practicable option, in relation to a discharge of a contaminant or an emission of noise, means the best method for preventing or minimising the adverse effects on the environment having regard, among other things, to—

(a)

the nature of the discharge or emission and the sensitivity of the receiving environment to adverse effects; and

(b)

the financial implications, and the effects on the environment, of that option when compared with other options; and

(c)

the current state of technical knowledge and the likelihood that the option can be successfully applied

biological diversity means the variability among living organisms, and the ecological complexes of which they are a part, including diversity within species, between species, and of ecosystems

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

change has the meaning given in section 43AA

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

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

(a)

of which the seaward boundary is the outer limits of the territorial sea:

(b)

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

(i)

1 kilometre upstream from the mouth of the river; or

(ii)

the point upstream that is calculated by multiplying the width of the river mouth by 5

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

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

(a)

seawater with a substantial fresh water component; and

(b)

seawater in estuaries, fiords, inlets, harbours, or embayments

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

common marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

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

(a)

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

(b)

that is held by a person by virtue of being a shareholder in the company,—

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

completion certificate means a certificate issued under section 222

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

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

consent notice means a notice issued under section 221

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

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

(a)

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

(b)

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

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

(a)

has significant adverse effects on the environment; or

(b)

is reasonably likely to have significant adverse effects on the environment

contravene includes fail to comply with

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

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

(a)

that is granted by any owner of the land; and

(b)

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

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

customary marine title area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

customary marine title group has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

customary marine title order has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

designation has the meaning set out in section 166

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

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

discharge includes emit, deposit, and allow to escape

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

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

district, in relation to a territorial authority,—

(a)

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

(b)

includes, for the purposes of section 89, any area in the coastal marine area

district plan has the meaning given in section 43AA

district rule has the meaning given in section 43AAB

dumping means,—

(a)

in relation to waste or other matter, its deliberate disposal; and

(b)

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

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

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

employee includes,—

(a)

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

(b)

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

enforcement officer means any person authorised under section 38

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

environment includes—

(a)

ecosystems and their constituent parts, including people and communities; and

(b)

all natural and physical resources; and

(c)

amenity values; and

(d)

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

Environment Court and court means the Environment Court referred to in section 247

Environmental Protection Authority or EPA means the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011

esplanade reserve means a reserve within the meaning of the Reserves Act 1977

(a)

which is either—

(i)

a local purpose reserve within the meaning of section 23 of that Act, if vested in the territorial authority under section 239; or

(ii)

a reserve vested in the Crown or a regional council under section 237D; and

(b)

which is vested in the territorial authority, regional council, or the Crown for a purpose or purposes set out in section 229

esplanade strip means a strip of land created by the registration of an instrument in accordance with section 232 for a purpose or purposes set out in section 229

excessive noise has the meaning set out in section 326

existing use certificate means a certificate issued under section 139A

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

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

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

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

foreshore means any land covered and uncovered by the flow and ebb of the tide at mean spring tides and, in relation to any such land that forms part of the bed of a river, does not include any area that is not part of the coastal marine area

fresh water means all water except coastal water and geothermal water

geothermal energy means energy derived or derivable from and produced within the earth by natural heat phenomena; and includes all geothermal water

geothermal water means water heated within the earth by natural phenomena to a temperature of 30 degrees Celsius or more; and includes all steam, water, and water vapour, and every mixture of all or any of them that has been heated by natural phenomena

greenhouse gas has the meaning given to it in section 4(1) of the Climate Change Response Act 2002

harmful substance means any substance prescribed by regulations as a harmful substance for the purposes of this definition

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

hazardous substance includes, but is not limited to, any substance defined in section 2 of the Hazardous Substances and New Organisms Act 1996 as a hazardous substance

heritage order has the meaning set out in section 187

heritage protection authority has the meaning set out in section 187

historic heritage

(a)

means those natural and physical resources that contribute to an understanding and appreciation of New Zealand’s history and cultures, deriving from any of the following qualities:

(i)

archaeological:

(ii)

architectural:

(iii)

cultural:

(iv)

historic:

(v)

scientific:

(vi)

technological; and

(b)

includes—

(i)

historic sites, structures, places, and areas; and

(ii)

archaeological sites; and

(iii)

sites of significance to Māori, including wāhi tapu; and

(iv)

surroundings associated with the natural and physical resources

incineration, in relation to waste or other matter, means its deliberate combustion for the purpose of its thermal destruction; and to incinerate and incinerated have corresponding meanings

industrial or trade premises means—

(a)

any premises used for any industrial or trade purposes; or

(b)

any premises used for the storage, transfer, treatment, or disposal of waste materials or for other waste-management purposes, or used for composting organic materials; or

(c)

any other premises from which a contaminant is discharged in connection with any industrial or trade process—

but does not include any production land

industrial or trade process includes every part of a process from the receipt of raw material to the dispatch or use in another process or disposal of any product or waste material, and any intervening storage of the raw material, partly processed matter, or product

infrastructure, in section 30, means—

(a)

pipelines that distribute or transmit natural or manufactured gas, petroleum, biofuel, or geothermal energy:

(b)

a network for the purpose of telecommunication as defined in section 5 of the Telecommunications Act 2001:

(c)

a network for the purpose of radiocommunication as defined in section 2(1) of the Radiocommunications Act 1989:

(d)

facilities for the generation of electricity, lines used or intended to be used to convey electricity, and support structures for lines used or intended to be used to convey electricity, excluding facilities, lines, and support structures if a person—

(i)

uses them in connection with the generation of electricity for the person’s use; and

(ii)

does not use them to generate any electricity for supply to any other person:

(e)

a water supply distribution system, including a system for irrigation:

(f)

a drainage or sewerage system:

(g)

structures for transport on land by cycleways, rail, roads, walkways, or any other means:

(h)

facilities for the loading or unloading of cargo or passengers transported on land by any means:

(i)

an airport as defined in section 2 of the Airport Authorities Act 1966:

(j)

a navigation installation as defined in section 2 of the Civil Aviation Act 1990:

(k)

facilities for the loading or unloading of cargo or passengers carried by sea, including a port related commercial undertaking as defined in section 2(1) of the Port Companies Act 1988:

(l)

anything described as a network utility operation in regulations made for the purposes of the definition of network utility operator in section 166

interim enforcement order means an order made under section 320

internal waters has the same meaning as in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

intrinsic values, in relation to ecosystems, means those aspects of ecosystems and their constituent parts which have value in their own right, including—

(a)

their biological and genetic diversity; and

(b)

the essential characteristics that determine an ecosystem’s integrity, form, functioning, and resilience

iwi authority means the authority which represents an iwi and which is recognised by that iwi as having authority to do so

joint management agreement means an agreement that—

(a)

is made by a local authority with 1 or more—

(i)

public authorities, as defined in paragraph (b) of the definition of public authority:

(ii)

iwi authorities or groups that represent hapu; and

(b)

provides for the parties to the joint management agreement jointly to perform or exercise any of the local authority’s functions, powers, or duties under this Act relating to a natural or physical resource; and

(c)

specifies the functions, powers, or duties; and

(d)

specifies the natural or physical resource; and

(e)

specifies whether the natural or physical resource is in the whole of the region or district or part of the region or district; and

(f)

may require the parties to the joint management agreement to perform or exercise a specified function, power, or duty together; and

(g)

if paragraph (f) applies, specifies how the parties to the joint management agreement are to make decisions; and

(h)

may specify any other terms or conditions relevant to the performance or exercise of the functions, powers, or duties, including but not limited to terms or conditions for liability and funding

kaitiakitanga means the exercise of guardianship by the tangata whenua of an area in accordance with tikanga Maori in relation to natural and physical resources; and includes the ethic of stewardship

lake means a body of fresh water which is entirely or nearly surrounded by land

land

(a)

includes land covered by water and the airspace above land; and

(b)

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

(c)

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

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

local authority means a regional council or territorial authority

local board has the same meaning as in section 5(1) of the Local Government Act 2002

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

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

marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

marine incineration facility has the same meaning as in section 257 of the Maritime Transport Act 1994

Maritime New Zealand means the authority continued by section 429 of the Maritime Transport Act 1994

master in relation to any ship, has the same meaning as in section 2(1) of the Maritime Transport Act 1994

mineral has the same meaning as in section 2(1) of the Crown Minerals Act 1991

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

Minister means the Minister for the Environment

Minister of Aquaculture means the Minister who, under the authority of any warrant or under the authority of the Prime Minister, has overall responsibility for aquaculture

Minister of Fisheries has the same meaning as Minister in the Fisheries Act 1996

mouth, for the purpose of defining the landward boundary of the coastal marine area, means the mouth of the river either—

(a)

as agreed and set between the Minister of Conservation, the regional council, and the appropriate territorial authority in the period between consultation on, and notification of, the proposed regional coastal plan; or

(b)

as declared by the Environment Court under section 310 upon application made by the Minister of Conservation, the regional council, or the territorial authority prior to the plan becoming operative,—

and once so agreed and set or declared shall not be changed in accordance with Schedule 1 or otherwise varied, altered, questioned, or reviewed in any way until the next review of the regional coastal plan, unless the Minister of Conservation, the regional council, and the appropriate territorial authority agree

national environmental standard means a standard prescribed by regulations made under section 43

national policy statement means a statement issued under section 52

natural and physical resources includes land, water, air, soil, minerals, and energy, all forms of plants and animals (whether native to New Zealand or introduced), and all structures

natural hazard means any atmospheric or earth or water related occurrence (including earthquake, tsunami, erosion, volcanic and geothermal activity, landslip, subsidence, sedimentation, wind, drought, fire, or flooding) the action of which adversely affects or may adversely affect human life, property, or other aspects of the environment

network utility operator has the meaning set out in section 166

New Zealand coastal policy statement means a statement issued under section 57

noise includes vibration

non-complying activity means an activity described in section 87A(5)

notice of decision means—

(a)

a copy of a decision on—

(i)

an application for a resource consent; or

(ii)

a requirement for a designation; or

(iii)

a provision of a policy statement or plan; or

(b)

a notice summarising a decision under paragraph (a)

occupier means—

(a)

the inhabitant occupier of any property; and

(b)
[Repealed]

(c)

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

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

(a)

where the occupation is reasonably necessary for another activity; and

(b)

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

(c)

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

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

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

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

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

operative has the meaning given in section 43AA

owner,—

(a)

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

(i)

the owner of the fee simple of the land; and

(ii)

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

(b)

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

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

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

plan has the meaning given in section 43AA

policy statement has the meaning given in section 43AA

prescribed means prescribed by regulations made under this Act

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

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

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

production land

(a)

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

(b)

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

and production has a corresponding meaning

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

proposed plan has the meaning given in section 43AAC

proposed policy statement has the meaning given in section 43AA

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

protected customary right has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

protected customary rights area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

protected customary rights group has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

protected customary rights order has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

public authority,—

(a)

in section 33, has the meaning given to it by section 33(2); and

(b)

in section 36B and the definition of joint management agreement, means—

(i)

a local authority; and

(ii)

a statutory body; and

(iii)

the Crown

public notice

(a)

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

(b)

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

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

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

region, in relation to a regional council, means the region of the regional council as determined in accordance with the Local Government Act 2002

regional coastal plan has the meaning given in section 43AA

regional council

(a)

has the same meaning as in section 5 of the Local Government Act 2002; and

(b)

includes a unitary authority within the meaning of that Act

regional plan has the meaning given in section 43AA

regional policy statement has the meaning given in section 43AA

regional rule has the meaning given in section 43AAB

regulations means regulations made under this Act

renewable energy means energy produced from solar, wind, hydro, geothermal, biomass, tidal, wave, and ocean current sources

requiring authority has the meaning set out in section 166

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

resource consent has the meaning set out in section 87; and includes all conditions to which the consent is subject

restricted coastal activity means any discretionary activity or non-complying activity that, in accordance with section 68, is stated by a regional coastal plan to be a restricted coastal activity

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

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

RMA permission right means the right provided for a customary marine title group by sections 66 and 68 of the Marine and Coastal Area (Takutai Moana) Act 2011

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

rule has the meaning given in section 43AA

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

serve means serve in accordance with section 352 or section 353

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

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

space, in relation to the coastal marine area, means any part of the foreshore, seabed, and coastal water, and the airspace above the water

special tribunal means a special tribunal appointed under section 202 to hear an application for a water conservation order

State highway has the same meaning as in section 2(1) of the Government Roading Powers Act 1989

structure means any building, equipment, device, or other facility made by people and which is fixed to land; and includes any raft

subdivision consent has the meaning set out in section 87(b)

subdivision of land and subdivide land have the meanings set out in section 218

submission means a written or electronic submission

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

(a)

survey plan means—

(i)

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

(ii)

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

(b)

survey plan includes—

(i)

a unit plan; and

(ii)

a cadastral survey dataset to give effect to the grant of a cross lease or company lease

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

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

tauranga waka means canoe landing sites

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

territorial sea means the territorial sea of New Zealand as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

tikanga Maori means Maori customary values and practices

Treaty of Waitangi (Te Tiriti o Waitangi) has the same meaning as the word Treaty as defined in section 2 of the Treaty of Waitangi Act 1975

unit has the same meaning as in section 5(1) of the Unit Titles Act 2010; and includes a future development unit (also defined in section 5(1) of the Unit Titles Act 2010)

unit plan has the same meaning as in section 5(1) of the Unit Titles Act 2010

unitary authority has the same meaning as in section 5(1) of the Local Government Act 2002

use,—

(a)

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

(i)

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

(ii)

drill, excavate, or tunnel land or disturb land in a similar way:

(iii)

damage, destroy, or disturb the habitats of plants or animals in, on, or under land:

(iv)

deposit a substance in, on, or under land:

(v)

any other use of land; and

(b)

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

variation has the meaning given in section 43AA

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

water

(a)

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

(b)

includes fresh water, coastal water, and geothermal water:

(c)

does not include water in any form while in any pipe, tank, or cistern

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

water conservation order has the meaning set out in section 200

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

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

working day means a day of the week other than—

(a)

a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, and Labour Day; and

(b)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(c)

a day in the period commencing on 20 December in any year and ending with 10 January in the following year.

(2)

In this Act, unless the context otherwise requires,—

(a)

a reference to a Part, section, or schedule, is a reference to a Part, section, or schedule of this Act:

(b)

a reference in a section to a subsection is a reference to a subsection of that section:

(c)

a reference in a subsection to a paragraph is a reference to a paragraph of that subsection:

(d)

a reference in a section to a paragraph is a reference to a paragraph of that section:

(e)

a reference in a schedule to a clause is a reference to a clause of that schedule:

(f)

a reference in a clause of a schedule to a subclause is a reference to a subclause of that clause:

(g)

a reference in a subclause in a schedule to a paragraph is a reference to a paragraph of that subclause:

(h)

a reference in a clause in a schedule to a paragraph is a reference to a paragraph of that clause.

Section 2(1) access rights: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2(1) access strip: inserted, on 7 July 1993, by section 2(1) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 2(1) accommodated activity: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2(1) accredited: inserted, on 10 August 2005, by section 4(1) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 2(1) adverse effects assessment: inserted, on 25 November 2004, by section 3(1) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).

Section 2(1) adverse effects report: inserted, on 25 November 2004, by section 3(1) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).

Section 2(1) agent or agent of the ship: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).

Section 2(1) agreement: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2(1) aircraft: inserted, on 7 July 1993, by section 2(1) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 2(1) airport: inserted, on 7 July 1993, by section 2(1) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 2(1) amendment: repealed, on 1 October 2009, by section 4(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) applicant: replaced, on 1 October 2009, by section 4(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) aquaculture activities: replaced, on 1 January 2005, by section 4(2) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

Section 2(1) aquaculture activities paragraph (a): amended, on 1 October 2011, by section 4(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 2(1) aquaculture activities paragraph (c): amended, on 1 October 2011, by section 4(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 2(1) aquaculture activities paragraph (d): inserted, on 1 October 2011, by section 4(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 2(1) aquaculture management area: repealed, on 1 October 2011, by section 4(3) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 2(1) aquatic life: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

Section 2(1) bed: replaced, on 7 July 1993, by section 2(3) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 2(1) benefits and costs: inserted, on 7 July 1993, by section 2(3) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 2(1) biological diversity: inserted, on 1 August 2003, by section 3(1) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 2(1) board: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2(1) board of inquiry: repealed, on 1 October 2009, by section 4(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) certificate of compliance: amended, on 1 October 2009, by section 4(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) change: replaced, on 1 October 2009, by section 4(6) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) climate change: inserted, on 2 March 2004, by section 4 of the Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2).

Section 2(1) coastal marine area: amended, on 7 July 1993, by section 2(6) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 2(1) commercial fishing: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

Section 2(1) common marine and coastal area: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2(1) company lease: amended, on 1 July 1994, by section 4 of the Land Transfer Amendment Act 1993 (1993 No 124).

Section 2(1) consent authority: replaced, on 7 July 1993, by section 2(7) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 2(1) consent authority: amended, on 1 October 2009, by section 4(7) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) constable: replaced, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Section 2(1) contaminant: amended, on 1 August 2003, by section 3(3) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 2(1) contaminated land: replaced, on 1 October 2009, by section 4(8) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) controlled activity: replaced, on 1 August 2003, by section 3(4) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 2(1) controlled activity: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) costs and benefits: repealed, on 7 July 1993, by section 2(9) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 2(1) Crown organisation: inserted, on 1 October 2009, by section 4(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) customary marine title area: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2(1) customary marine title group: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2(1) customary marine title order: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2(1) customary rights order: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2(1) declaration: repealed, on 1 October 2009, by section 4(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) determination: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

Section 2(1) Director of Maritime New Zealand or Director: replaced, on 1 July 2005, by section 11(3) of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 2(1) discretionary activity: replaced, on 1 August 2003, by section 3(5) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 2(1) discretionary activity: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) district: replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) district plan: replaced, on 1 October 2009, by section 4(9) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) district rule: replaced, on 1 October 2009, by section 4(10) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) dumping: replaced, on 17 December 1997, by section 2(9) of the Resource Management Amendment Act 1997 (1997 No 104).

Section 2(1) employee: inserted, on 1 October 2009, by section 4(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) Environment Court and court: inserted, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

Section 2(1) Environmental Protection Authority or EPA: replaced, on 1 July 2011, by section 4 of the Resource Management Amendment Act 2011 (2011 No 19).

Section 2(1) esplanade reserve: replaced, on 7 July 1993, by section 2(11) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 2(1) esplanade strip: inserted, on 7 July 1993, by section 2(11) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 2(1) existing use certificate: inserted, on 10 August 2005, by section 4(1) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 2(1) exploration: inserted, on 26 November 1997, by section 4(2) of the Crown Minerals Amendment Act (No 2) 1997 (1997 No 91).

Section 2(1) fish: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

Section 2(1) fisheries resources: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

Section 2(1) fishing: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

Section 2(1) foreshore and seabed reserve: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2(1) Government road: repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) greenhouse gas: inserted, on 2 March 2004, by section 4 of the Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2).

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

Section 2(1) harvestable spat: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

Section 2(1) hazardous substance: inserted, on 2 July 2001, by section 149 of the Hazardous Substances and New Organisms Act 1996 (1996 No 30).

Section 2(1) historic heritage: inserted, on 1 August 2003, by section 3(7) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 2(1) holder: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

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

Section 2(1) industrial or trade premises: amended, on 17 December 1997, by section 2(3) of the Resource Management Amendment Act 1997 (1997 No 104).

Section 2(1) infrastructure: inserted, on 10 August 2005, by section 4(1) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 2(1) infrastructure paragraph (a): amended, on 1 October 2008, by section 17 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).

Section 2(1) internal waters: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

Section 2(1) joint management agreement: inserted, on 10 August 2005, by section 4(1) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 2(1) kaitiakitanga: replaced, on 17 December 1997, by section 2(4) of the Resource Management Amendment Act 1997 (1997 No 104).

Section 2(1) lake: amended, on 7 July 1993, by section 2(12) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 2(1) land: replaced, on 1 October 2009, by section 4(11) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) local board: inserted, on 8 August 2014, by section 78 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 2(1) management plan: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2(1) marine and coastal area: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2(1) marine farming: repealed, on 1 January 2005, by section 4(1) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

Section 2(1) marine incineration facility: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).

Section 2(1) Maritime New Zealand: replaced, on 1 July 2005, by section 11(3) of the Maritime Transport Amendment Act 2004 (2004 No 98).

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

Section 2(1) mineral: replaced, on 7 July 1993, by section 2(13) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 2(1) mining: inserted, on 26 November 1997, by section 4(2) of the Crown Minerals Amendment Act (No 2) 1997 (1997 No 91).

Section 2(1) Minister of Aquaculture: inserted, on 1 October 2011, by section 4(4) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 2(1) Minister of Fisheries: inserted, on 1 October 2011, by section 4(4) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

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

Section 2(1) national environmental standard: inserted, on 10 August 2005, by section 4(1) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 2(1) non-complying activity: replaced, on 1 August 2003, by section 3(8) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 2(1) non-complying activity: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) notice of decision: inserted, on 1 August 2003, by section 3(8) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 2(1) occupier paragraph (b): repealed, on 1 July 2003, by section 138(1) of the Local Government (Rating) Act 2002 (2002 No 6).

Section 2(1) occupy: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

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

Section 2(1) oil transfer site: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).

Section 2(1) on-scene commander: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).

Section 2(1) operative: replaced, on 1 October 2009, by section 4(12) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) owner: replaced, on 1 February 1995, by section 2(1) of the Resource Management Amendment Act 1994 (1994 No 105).

Section 2(1) permitted activity: replaced, on 1 August 2003, by section 3(9) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 2(1) permitted activity: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) plan: replaced, on 1 October 2009, by section 4(13) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) planning document: repealed, on 4 September 2013, by section 4 of the Resource Management Amendment Act 2013 (2013 No 63).

Section 2(1) Planning Tribunal and Tribunal: repealed, on 17 December 1997, by section 2(6) of the Resource Management Amendment Act 1997 (1997 No 104).

Section 2(1) policy statement: replaced, on 1 October 2009, by section 4(14) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) production land paragraph (b): amended, on 17 December 1997, by section 2(7) of the Resource Management Amendment Act 1997 (1997 No 104).

Section 2(1) prohibited activity: replaced, on 1 August 2003, by section 3(10) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 2(1) prohibited activity: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) proposed plan: replaced, on 1 October 2009, by section 4(15) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) proposed policy statement: inserted, on 1 October 2009, by section 4(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) prospecting: inserted, on 26 November 1997, by section 4(2) of the Crown Minerals Amendment Act (No 2) 1997 (1997 No 91).

Section 2(1) protected customary right: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2(1) protected customary rights area: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2(1) protected customary rights group: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2(1) protected customary rights order: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2(1) public authority: inserted, on 10 August 2005, by section 4(1) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 2(1) public foreshore and seabed: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2(1) public notice: replaced, on 1 October 2009, by section 4(16) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) raft: inserted, on 7 July 1993, by section 2(15) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 2(1) recognised customary activity: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2(1) region: replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) regional coastal plan: replaced, on 1 October 2009, by section 4(17) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) regional council: replaced, on 25 November 2004, by section 3(2) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).

Section 2(1) regional plan: replaced, on 1 October 2009, by section 4(18) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) regional policy statement: replaced, on 1 October 2009, by section 4(19) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) regional road: repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) regional rule: replaced, on 1 October 2009, by section 4(20) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) renewable energy: inserted, on 2 March 2004, by section 4 of the Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2).

Section 2(1) reservation: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

Section 2(1) restricted coastal activity: replaced, on 1 October 2009, by section 4(21) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) restricted discretionary activity: inserted, on 1 August 2003, by section 3(13) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 2(1) restricted discretionary activity: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) river: replaced, on 7 July 1993, by section 2(16) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 2(1) RMA permission right: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2(1) road: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) road: amended, on 7 July 1993, by section 2(17) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 2(1) rule: replaced, on 1 October 2009, by section 4(22) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) seaweed: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

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

Section 2(1) soil conservation: inserted, on 1 August 2003, by section 3(14) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 2(1) space: inserted, on 1 January 2005, by section 4(3) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

Section 2(1) spat: repealed, on 1 January 2005, by section 4(1) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

Section 2(1) spat catching: repealed, on 1 January 2005, by section 4(1) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

Section 2(2) State highway: amended, on 1 August 2008 , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) structure: amended, on 7 July 1993, by section 2(18) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 2(1) submission: replaced, on 1 October 2009, by section 4(23) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) survey plan: replaced, on 1 October 2009, by section 4(24) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) taking: repealed, on 1 January 2005, by section 4(1) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

Section 2(1) territorial authority: replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) territorial sea: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

Section 2(1) unit: amended, on 20 June 2011, by section 233(1) of the Unit Titles Act 2010 (2010 No 22).

Section 2(1) unit plan: replaced, on 20 June 2011, by section 233(1) of the Unit Titles Act 2010 (2010 No 22).

Section 2(1) unitary authority: inserted, on 8 August 2014, by section 78 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 2(1) use: inserted, on 1 October 2009, by section 4(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) variation: replaced, on 1 October 2009, by section 4(25) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2(1) waste or other matter: inserted, on 1 February 1995, by section 2(2) of the Resource Management Amendment Act 1994 (1994 No 105).

Section 2(1) working day: replaced, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

2AA Definitions relating to notification

(1)

The definitions in subsection (2) apply only in relation to—

(a)

an application for a resource consent for an activity; or

(b)

any of the following matters:

(i)

a review of a resource consent:

(ii)

an application to change or cancel a condition of a resource consent:

(iii)

a notice of requirement for a designation or heritage order:

(iv)

a notice of requirement to alter a designation or heritage order:

(v)

an application or proposal to vary or cancel an instrument creating an esplanade strip:

(vi)

a matter of creating an esplanade strip by agreement.

(2)

In this Act, unless the context requires another meaning,—

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

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

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

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

(a)

giving public notice of the application or matter in the prescribed form; and

(b)

serving notice of the application or matter on every prescribed person.

Section 2AA: inserted, on 1 October 2009, by section 5 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 2AA(2) affected order holder: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2AA(2) limited notification: amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

2A Successors

(1)

In this Act, unless the context otherwise requires, any reference to a person, however described or referred to (including applicant and consent holder), includes the successor of that person.

(2)

For the purposes of this Act, where the person is a body of persons which is unincorporate, the successor shall include a body of persons which is corporate and composed of substantially the same members.

Section 2A: inserted, on 2 September 1996, by section 3 of the Resource Management Amendment Act 1996 (1996 No 160).

3 Meaning of effect

In this Act, unless the context otherwise requires, the term effect includes—

(a)

any positive or adverse effect; and

(b)

any temporary or permanent effect; and

(c)

any past, present, or future effect; and

(d)

any cumulative effect which arises over time or in combination with other effects—

regardless of the scale, intensity, duration, or frequency of the effect, and also includes—

(e)

any potential effect of high probability; and

(f)

any potential effect of low probability which has a high potential impact.

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

3A Person acting under resource consent with permission

Subject to section 134 and any specific conditions included in the resource consent, any reference in this Act to activities being allowed by a resource consent includes a reference to a person acting under a resource consent with the permission (including implied permission) of the consent holder as if the resource consent had been granted to that person as well as to the holder of the resource consent.

Section 3A: inserted, on 7 July 1993, by section 4 of the Resource Management Amendment Act 1993 (1993 No 65).

4 Act to bind the Crown

(1)

This Act binds the Crown, except as provided in this section.

(2)

This Act does not apply to any work or activity of the Crown which—

(a)

is a use of land within the meaning of section 9; and

(b)

the Minister of Defence certifies is necessary for reasons of national security.

(3)

Section 9(3) does not apply to any work or activity of the Crown within the boundaries of any area of land held or managed under the Conservation Act 1987 or any other Act specified in Schedule 1 of that Act (other than land held for administrative purposes) that—

(a)

is consistent with a conservation management strategy, conservation management plan, or management plan established under the Conservation Act 1987 or any other Act specified in Schedule 1 of that Act; and

(b)

does not have a significant adverse effect beyond the boundary of the area of land.

(3A)

Section 9 does not apply to the detention of prisoners in a court cell block that is declared by notice in the Gazette to be a part of a corrections prison.

(4)

[Repealed]

(5)

An abatement notice or excessive noise direction may be served or issued against an instrument of the Crown, in accordance with this Act, only if—

(a)

it is a Crown organisation; and

(b)

the notice or direction is served or issued against the Crown organisation in its own name.

(6)

An enforcement order may be made against an instrument of the Crown, in accordance with this Act, only if—

(a)

it is a Crown organisation; and

(b)

a local authority applies for the order; and

(c)

the order is made against the Crown organisation in its own name.

(7)

Subsections (5) and (6) apply despite section 17(1)(a) of the Crown Proceedings Act 1950.

(8)

An instrument of the Crown may be served with an infringement notice, in accordance with this Act, only if—

(a)

it is liable to be proceeded against for the alleged offence under subsection (9); and

(b)

the notice is served against the Crown organisation in its own name.

(9)

An instrument of the Crown may be prosecuted for an offence against this Act only if—

(a)

it is a Crown organisation; and

(b)

the offence is alleged to have been committed by the Crown organisation; and

(c)

the proceedings are commenced—

(i)

by a local authority or an enforcement officer; and

(ii)

against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and

(10)

However, subsections (8) and (9) are subject to section 8(4) of the Crown Organisations (Criminal Liability) Act 2002 (which provides that a court may not sentence a Crown organisation to pay a fine in respect of an offence against this Act).

(11)

If a Crown organisation is not a body corporate, it is to be treated as if it were a separate legal personality for the purposes of—

(a)

serving or issuing an abatement notice or excessive noise direction against it; and

(b)

making an enforcement order against it; and

(c)

serving an infringement notice on it; and

(d)

enforcing an abatement notice, excessive noise direction, enforcement order, or infringement notice in relation to it.

(12)

Except to the extent and in the manner provided for in subsections (5) to (11), the Crown may not—

(a)

be served or issued with an abatement notice or excessive noise direction; or

(b)

have an enforcement order made against it; or

(c)

be served with an infringement notice; or

(d)

be prosecuted for an offence against this Act.

Section 4(1): replaced, on 1 October 2009, by section 6(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 4(3): replaced, on 7 July 1993, by section 5 of the Resource Management Amendment Act 1993 (1993 No 65).

Section 4(3): amended, on 1 October 2009, by section 6(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 4(3A): inserted, on 8 December 2009, by section 5 of the Corrections (Use of Court Cells) Amendment Act 2009 (2009 No 60).

Section 4(4): repealed, on 7 July 1993, by section 5 of the Resource Management Amendment Act 1993 (1993 No 65).

Section 4(5): replaced, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 4(6): inserted, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 4(7): inserted, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 4(8): inserted, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 4(9): inserted, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 4(10): inserted, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 4(11): inserted, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 4(12): inserted, on 1 October 2009, by section 6(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

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

Except as otherwise expressly provided in any regulations made under this Act, this Act does not apply to any of the following:

(a)

warships of any State other than New Zealand:

(b)

aircraft of the defence forces of any State other than New Zealand:

(c)

any ship owned or operated by any State other than New Zealand, if the ship is being used by that State for wholly governmental (but not including commercial) purposes:

(d)

the master or crew of any warship, aircraft, or ship referred to in paragraphs (a) to (c).

Section 4A: inserted, on 20 August 1998, by section 3 of the Resource Management Amendment Act 1994 (1994 No 105).

Part 2 Purpose and principles

5 Purpose

(1)

The purpose of this Act is to promote the sustainable management of natural and physical resources.

(2)

In this Act, sustainable management means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural well-being and for their health and safety while—

(a)

sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and

(b)

safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and

(c)

avoiding, remedying, or mitigating any adverse effects of activities on the environment.

6 Matters of national importance

In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance:

(a)

the preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development:

(b)

the protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development:

(c)

the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna:

(d)

the maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers:

(e)

the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga:

(f)

the protection of historic heritage from inappropriate subdivision, use, and development:

(g)

the protection of protected customary rights.

Section 6(f): inserted, on 1 August 2003, by section 4 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 6(g): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

7 Other matters

In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to—

(a)

kaitiakitanga:

(aa)

the ethic of stewardship:

(b)

the efficient use and development of natural and physical resources:

(ba)

the efficiency of the end use of energy:

(c)

the maintenance and enhancement of amenity values:

(d)

intrinsic values of ecosystems:

(e)
[Repealed]

(f)

maintenance and enhancement of the quality of the environment:

(g)

any finite characteristics of natural and physical resources:

(h)

the protection of the habitat of trout and salmon:

(i)

the effects of climate change:

(j)

the benefits to be derived from the use and development of renewable energy.

Section 7(aa): inserted, on 17 December 1997, by section 3 of the Resource Management Amendment Act 1997 (1997 No 104).

Section 7(ba): inserted, on 2 March 2004, by section 5(1) of the Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2).

Section 7(e): repealed, on 1 August 2003, by section 5 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 7(i): inserted, on 2 March 2004, by section 5(2) of the Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2).

Section 7(j): inserted, on 2 March 2004, by section 5(2) of the Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 No 2).

8 Treaty of Waitangi

In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).

Part 3 Duties and restrictions under this Act

Land

9 Restrictions on use of land

(1)

No person may use land in a manner that contravenes a national environmental standard unless the use—

(a)

is expressly allowed by a resource consent; or

(b)

is allowed by section 10; or

(c)

is an activity allowed by section 10A; or

(d)

is an activity allowed by section 20A.

(2)

No person may use land in a manner that contravenes a regional rule unless the use—

(a)

is expressly allowed by a resource consent; or

(b)

is an activity allowed by section 20A.

(3)

No person may use land in a manner that contravenes a district rule unless the use—

(a)

is expressly allowed by a resource consent; or

(b)

is allowed by section 10; or

(c)

is an activity allowed by section 10A.

(4)

No person may contravene section 176, 178, 193, or 194 unless the person obtains the prior written consent of the requiring authority or the heritage protection authority.

(5)

This section applies to overflying by aircraft only to the extent to which noise emission controls for airports have been prescribed by a national environmental standard or set by a territorial authority.

(6)

This section does not apply to use of the coastal marine area.

Section 9: replaced, on 1 October 2009, by section 7 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

10 Certain existing uses in relation to land protected

(1)

Land may be used in a manner that contravenes a rule in a district plan or proposed district plan if—

(a)

either—

(i)

the use was lawfully established before the rule became operative or the proposed plan was notified; and

(ii)

the effects of the use are the same or similar in character, intensity, and scale to those which existed before the rule became operative or the proposed plan was notified:

(b)

or—

(i)

the use was lawfully established by way of a designation; and

(ii)

the effects of the use are the same or similar in character, intensity, and scale to those which existed before the designation was removed.

(2)

Subject to sections 357 to 358, this section does not apply when a use of land that contravenes a rule in a district plan or a proposed district plan has been discontinued for a continuous period of more than 12 months after the rule in the plan became operative or the proposed plan was notified unless—

(a)

an application has been made to the territorial authority within 2 years of the activity first being discontinued; and

(b)

the territorial authority has granted an extension upon being satisfied that—

(i)

the effect of the extension will not be contrary to the objectives and policies of the district plan; and

(ii)

the applicant has obtained approval from every person who may be adversely affected by the granting of the extension, unless in the authority’s opinion it is unreasonable in all the circumstances to require the obtaining of every such approval.

(3)

This section does not apply if reconstruction or alteration of, or extension to, any building to which this section applies increases the degree to which the building fails to comply with any rule in a district plan or proposed district plan.

(4)

For the avoidance of doubt, this section does not apply to any use of land that is—

(a)

controlled under section 30(1)(c) (regional control of certain land uses); or

(b)

restricted under section 12 (coastal marine area); or

(c)

restricted under section 13 (certain river and lake bed controls).

(5)

Nothing in this section limits section 20A (certain existing lawful activities allowed).

(6)

[Repealed]

Section 10(1): replaced, on 7 July 1993, by section 7(1) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 10(2): amended, on 10 August 2005, by section 5 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 10(2)(b)(i): amended, on 7 July 1993, by section 7(2) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 10(3): amended, on 7 July 1993, by section 7(3) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 10(5): amended, on 1 August 2003, by section 95 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 10(6): repealed, on 1 October 2009, by section 8 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

10A Certain existing activities allowed

(1)

In respect of the use of the surface of water in lakes and rivers where, as a result of a rule in a district plan becoming operative, or a rule in a proposed district plan taking legal effect in accordance with section 86B or 149N(8), an activity that formerly was a permitted activity or that otherwise could have been lawfully carried out without a resource consent requires consent, the activity may continue to be carried on after the rule in the plan becomes operative, or the rule in the proposed plan takes legal effect in accordance with section 86B or 149N(8), if—

(a)

the activity was lawfully established before the rule in the plan became operative or the rule in the proposed plan took legal effect in accordance with section 86B or 149N(8); and

(b)

the effects of the activity are the same or similar in character, intensity, and scale to those which existed before the rule in the plan became operative or the rule in the proposed plan took legal effect in accordance with section 86B or 149N(8); and

(c)

the person carrying on the activity applies for a resource consent from the appropriate consent authority within 6 months of the rule in the plan becoming operative.

(2)

Any activity to which this section applies, and for which a resource consent has been applied for in accordance with subsection (1)(c), may continue to be carried on until the application has been decided and any appeals have been determined.

Section 10A: inserted, on 7 July 1993, by section 8 of the Resource Management Amendment Act 1993 (1993 No 65).

Section 10A(1): amended, on 1 October 2009, by section 9(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 10A(1): amended, on 1 October 2009, by section 9(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 10A(1): amended, on 1 October 2009, by section 9(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 10A(1): amended, on 1 October 2009, by section 9(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 10A(1)(a): amended, on 1 October 2009, by section 9(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 10A(1)(b): amended, on 1 October 2009, by section 9(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

10B Certain existing building works allowed

(1)

Land may be used in a manner that contravenes a rule in a district plan or proposed district plan if the use of land is a building work or intended use of a building (as defined in section 7 of the Building Act 2004) which is deemed to be lawfully established in accordance with subsection (2).

(2)

Subject to subsection (3), the building work or intended use of the building shall be deemed to be lawfully established if—

(a)

a building consent was issued and any amendments were incorporated in the building consent in accordance with the Building Act 2004 for the building work or intended use of the building before the rule in a district plan or proposed district plan took legal effect in accordance with section 86B or 149N(8); and

(b)

the building work or intended use of the building, as stated on the building consent, would not, at the time the building consent was issued and any amendments were incorporated, have contravened a rule in a district plan or proposed district plan or otherwise could have been carried out without a resource consent.

(3)

Subsection (2) shall not apply if—

(a)

the building consent is amended (after the rule in the district plan or proposed plan has taken legal effect in accordance with section 86B or 149N(8)) in such a way that the effects of the building work or intended use of a building will no longer be the same or similar in character, intensity, and scale as before the amendment; or

(b)

the building consent has lapsed or is cancelled, but the issuing under the Building Act 2004 of a code compliance certificate in respect of the building work shall not, for the purposes of this section, be deemed to have cancelled the building consent for that work; or

(c)

a code compliance certificate for the building work has not been issued in accordance with the Building Act 2004 within 2 years after the rule in the district plan or proposed district plan took legal effect in accordance with section 86B or 149N(8) or within such further period as the territorial authority may allow upon being satisfied that reasonable progress has been made towards completion of the building work within that 2-year period.

(4)

Section 10(4) and (5) apply to this section.

Section 10B: inserted, on 2 September 1996, by section 4 of the Resource Management Amendment Act 1996 (1996 No 160).

Section 10B(1): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 10B(2)(a): amended, on 1 October 2009, by section 10(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 10B(2)(a): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 10B(3)(a): amended, on 1 October 2009, by section 10(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 10B(3)(b): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 10B(3)(c): amended, on 1 October 2009, by section 10(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 10B(3)(c): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 10B(4): replaced, on 1 October 2009, by section 10(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

11 Restrictions on subdivision of land

(1)

No person may subdivide land, within the meaning of section 218, unless the subdivision is—

(a)

both, first, expressly allowed by a national environmental standard, a rule in a district plan as well as a rule in a proposed district plan for the same district (if there is one), or a resource consent and, second, shown on one of the following:

(i)

a survey plan, as defined in paragraph (a)(i) of the definition of survey plan in section 2(1), deposited under Part 10 by the Registrar-General of Land; or

(ii)

a survey plan, as defined in paragraph (a)(ii) of the definition of survey plan in section 2(1), approved as described in section 228 by the Chief Surveyor; or

(iii)

a survey plan, as defined in paragraph (b) of the definition of survey plan in section 2(1), deposited under Part 10 by the Registrar-General of Land; or

(b)

effected by the acquisition, taking, transfer, or disposal of part of an allotment under the Public Works Act 1981 (except that, in the case of the disposition of land under the Public Works Act 1981, each existing separate parcel of land shall, unless otherwise provided by that Act, be disposed of without further division of that parcel of land); or

(c)

effected by the establishment, change, or cancellation of a reserve under section 338 of Te Ture Whenua Maori Act 1993; or

(ca)

effected by a transfer under section 23 of the State-Owned Enterprises Act 1986 or a resumption under section 27D of that Act; or

(cb)

effected by any vesting in or transfer or gift of any land to the Crown or any local authority or administering body (as defined in section 2 of the Reserves Act 1977) for the purposes (other than administrative purposes) of the Conservation Act 1987 or any other Act specified in Schedule 1 of that Act; or

(cc)

effected by transfer or gift of any land to Heritage New Zealand Pouhere Taonga or the Queen Elizabeth the Second National Trust for the purposes of the Heritage New Zealand Pouhere Taonga Act 2014 or the Queen Elizabeth the Second National Trust Act 1977; or

(d)

effected by any transfer, exchange, or other disposition of land made by an order under subpart 3 of Part 6 of the Property Law Act 2007 (which relates to the granting of access to landlocked land).

(2)

Subsection (1) does not apply in respect of Maori land within the meaning of Te Ture Whenua Maori Act 1993 unless that Act otherwise provides.

Section 11(1)(a): replaced, on 1 October 2009, by section 11 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 11(1)(c): amended, on 7 July 1993, by section 9(2) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 11(1)(c): amended, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

Section 11(1)(ca): inserted, on 7 July 1993, by section 9(3) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 11(1)(cb): inserted, on 7 July 1993, by section 9(3) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 11(1)(cc): inserted, on 7 July 1993, by section 9(3) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 11(1)(cc): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Section 11(1)(d): amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).

Section 11(2): amended, on 7 July 1993, by section 9(4) of the Resource Management Amendment Act 1993 (1993 No 65).

Coastal marine area

12 Restrictions on use of coastal marine area

(1)

No person may, in the coastal marine area,

(a)

reclaim or drain any foreshore or seabed; or

(b)

erect, reconstruct, place, alter, extend, remove, or demolish any structure or any part of a structure that is fixed in, on, under, or over any foreshore or seabed; or

(c)

disturb any foreshore or seabed (including by excavating, drilling, or tunnelling) in a manner that has or is likely to have an adverse effect on the foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal); or

(d)

deposit in, on, or under any foreshore or seabed any substance in a manner that has or is likely to have an adverse effect on the foreshore or seabed; or

(e)

destroy, damage, or disturb any foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on plants or animals or their habitat; or

(f)

introduce or plant any exotic or introduced plant in, on, or under the foreshore or seabed; or

(g)

destroy, damage, or disturb any foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on historic heritage—

unless expressly allowed by a national environmental standard, a rule in a regional coastal plan as well as a rule in a proposed regional coastal plan for the same region (if there is one), or a resource consent.

(2)

No person may, unless expressly allowed by a national environmental standard, a rule in a regional coastal plan or in any proposed regional coastal plan for the same region, or a resource consent,—

(a)

occupy any part of the common marine and coastal area; or

(b)

remove any sand, shingle, shell, or other natural material from that area.

(3)

Without limiting subsection (1), no person may carry out any activity—

(a)

in, on, under, or over any coastal marine area; or

(b)

in relation to any natural and physical resources contained within any coastal marine area,—

in a manner that contravenes a national environmental standard, a rule in a regional coastal plan, or a rule in a proposed regional coastal plan for the same region (if there is one) unless the activity is expressly allowed by a resource consent or allowed by section 20A (certain existing lawful activities allowed).

(4)

In this Act,—

(a)
[Repealed]

(b)

remove any sand, shingle, shell, or other natural material means to take any of that material in such quantities or in such circumstances that, but for the national environmental standard or the rule in the regional coastal plan or the holding of a resource consent, a licence or profit à prendre to do so would be necessary.

(5)

This section applies to overflying by aircraft only to the extent to which noise emission controls for airports within the coastal marine area have been prescribed by a national environmental standard or set by a regional council.

(6)

This section shall not apply to anything to which section 15A or 15B applies.

Section 12(1): amended, on 1 October 2009, by section 12(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 12(1): amended, on 7 July 1993, by section 10(1)(a) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 12(1): amended, on 7 July 1993, by section 10(1)(b) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 12(1)(f): amended, on 1 August 2003, by section 6 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 12(1)(g): inserted, on 1 August 2003, by section 6 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 12(2): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 12(3): amended, on 1 October 2009, by section 12(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 12(3): amended, on 1 August 2003, by section 95 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 12(4): amended, on 17 December 1997, by section 4(2) of the Resource Management Amendment Act 1997 (1997 No 104).

Section 12(4): amended, on 7 July 1993, by section 10(3) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 12(4)(a): repealed, on 1 January 2005, by section 5 of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

Section 12(4)(b): amended, on 1 October 2009, by section 12(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 12(4)(b): amended, on 7 July 1993, by section 10(5) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 12(5): replaced, on 1 October 2009, by section 12(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 12(6): inserted, on 20 August 1998, by section 4 of the Resource Management Amendment Act 1994 (1994 No 105).

Section 12(6): amended, on 20 August 1998, by section 4(4) of the Resource Management Amendment Act 1997 (1997 No 104).

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

Section 12A: repealed, on 1 October 2011, by section 5 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

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

Section 12B: repealed, on 1 October 2011, by section 6 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

River and lake beds

13 Restriction on certain uses of beds of lakes and rivers

(1)

No person may, in relation to the bed of any lake or river,—

(a)

use, erect, reconstruct, place, alter, extend, remove, or demolish any structure or part of any structure in, on, under, or over the bed; or

(b)

excavate, drill, tunnel, or otherwise disturb the bed; or

(c)

introduce or plant any plant or any part of any plant (whether exotic or indigenous) in, on, or under the bed; or

(d)

deposit any substance in, on, or under the bed; or

(e)

reclaim or drain the bed—

unless expressly allowed by a national environmental standard, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), or a resource consent.

(2)

No person may do an activity described in subsection (2A) in a manner that contravenes a national environmental standard or a regional rule unless the activity—

(a)

is expressly allowed by a resource consent; or

(b)

is an activity allowed by section 20A.

(2A)

The activities are—

(a)

to enter onto or pass across the bed of a lake or river:

(b)

to damage, destroy, disturb, or remove a plant or a part of a plant, whether exotic or indigenous, in, on, or under the bed of a lake or river:

(c)

to damage, destroy, disturb, or remove the habitats of plants or parts of plants, whether exotic or indigenous, in, on, or under the bed of a lake or river:

(d)

to damage, destroy, disturb, or remove the habitats of animals in, on, or under the bed of a lake or river.

(3)

This section does not apply to any use of land in the coastal marine area.

(4)

Nothing in this section limits section 9.

Section 13 heading: amended, on 7 July 1993, by section 11 of the Resource Management Amendment Act 1993 (1993 No 65).

Section 13(1): replaced, on 7 July 1993, by section 11 of the Resource Management Amendment Act 1993 (1993 No 65).

Section 13(1): amended, on 1 October 2009, by section 13(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 13(2): replaced, on 1 October 2009, by section 13(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 13(2A): inserted, on 1 October 2009, by section 13(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Water

14 Restrictions relating to water

(1)

No person may take, use, dam, or divert any open coastal water, or take or use any heat or energy from any open coastal water, in a manner that contravenes a national environmental standard or a regional rule unless the activity—

(a)

is expressly allowed by a resource consent; or

(b)

is an activity allowed by section 20A.

(2)

No person may take, use, dam, or divert any of the following, unless the taking, using, damming, or diverting is allowed by subsection (3):

(a)

water other than open coastal water; or

(b)

heat or energy from water other than open coastal water; or

(c)

heat or energy from the material surrounding geothermal water.

(3)

A person is not prohibited by subsection (2) from taking, using, damming, or diverting any water, heat, or energy if—

(a)

the taking, using, damming, or diverting is expressly allowed by a national environmental standard, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), or a resource consent; or

(b)

in the case of fresh water, the water, heat, or energy is required to be taken or used for—

(i)

an individual’s reasonable domestic needs; or

(ii)

the reasonable needs of an individual’s animals for drinking water,—

and the taking or use does not, or is not likely to, have an adverse effect on the environment; or

(c)

in the case of geothermal water, the water, heat, or energy is taken or used in accordance with tikanga Maori for the communal benefit of the tangata whenua of the area and does not have an adverse effect on the environment; or

(d)

in the case of coastal water (other than open coastal water), the water, heat, or energy is required for an individual’s reasonable domestic or recreational needs and the taking, use, or diversion does not, or is not likely to, have an adverse effect on the environment; or

(e)

the water is required to be taken or used for firefighting purposes.

Section 14(1): replaced, on 1 October 2009, by section 14(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 14(2): replaced, on 1 October 2009, by section 14(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 14(3): amended, on 1 October 2009, by section 14(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 14(3)(a): amended, on 1 October 2009, by section 14(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Discharges

15 Discharge of contaminants into environment

(1)

No person may discharge any—

(a)

contaminant or water into water; or

(b)

contaminant onto or into land in circumstances which may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering water; or

(c)

contaminant from any industrial or trade premises into air; or

(d)

contaminant from any industrial or trade premises onto or into land—

unless the discharge is expressly allowed by a national environmental standard or other regulations, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), or a resource consent.

(2)

No person may discharge a contaminant into the air, or into or onto land, from a place or any other source, whether moveable or not, in a manner that contravenes a national environmental standard unless the discharge—

(a)

is expressly allowed by other regulations; or

(b)

is expressly allowed by a resource consent; or

(c)

is an activity allowed by section 20A.

(2A)

No person may discharge a contaminant into the air, or into or onto land, from a place or any other source, whether moveable or not, in a manner that contravenes a regional rule unless the discharge—

(a)

is expressly allowed by a national environmental standard or other regulations; or

(b)

is expressly allowed by a resource consent; or

(c)

is an activity allowed by section 20A.

(3)

This section shall not apply to anything to which section 15A or section 15B applies.

Section 15(1): amended, on 1 October 2009, by section 15(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 15(2): replaced, on 1 October 2009, by section 15(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 15(2A): inserted, on 1 October 2009, by section 15(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 15(3): inserted, on 20 August 1998, by section 5 of the Resource Management Amendment Act 1994 (1994 No 105).

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

(1)

No person may, in the coastal marine area,—

(a)

dump any waste or other matter from any ship, aircraft, or offshore installation; or

(b)

incinerate any waste or other matter in any marine incineration facility—

unless the dumping or incineration is expressly allowed by a resource consent.

(2)

No person may dump, in the coastal marine area, any ship, aircraft, or offshore installation unless expressly allowed to do so by a resource consent.

(3)

Nothing in this section permits the dumping of radioactive waste or radioactive matter (to which section 15C applies) or any discharge of a harmful substance that would contravene section 15B.

Section 15A: inserted, on 20 August 1998, by section 6 of the Resource Management Amendment Act 1994 (1994 No 105).

15B Discharge of harmful substances from ships or offshore installations

(1)

No person may, in the coastal marine area, discharge a harmful substance or contaminant, from a ship or offshore installation into water, onto or into land, or into air, unless—

(a)

the discharge is permitted or controlled by regulations made under this Act, a rule in a regional coastal plan, proposed regional coastal plan, regional plan, proposed regional plan, or a resource consent; or

(b)

after reasonable mixing, the harmful substance or contaminant discharged (either by itself or in combination with any other discharge) is not likely to give rise to all or any of the following effects in the receiving waters:

(i)

the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials:

(ii)

any conspicuous change of colour or visual clarity:

(iii)

any emission of objectionable odour:

(iv)

any significant adverse effects on aquatic life; or

(c)

the harmful substance or contaminant, when discharged into air, is not likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have a significant adverse effect on the environment.

(2)

No person may, in the coastal marine area, discharge water into water from any ship or offshore installation, unless—

(a)

the discharge is permitted or controlled by regulations made under this Act, a rule in a regional coastal plan, proposed regional coastal plan, regional plan, proposed regional plan, or a resource consent; or

(b)

after reasonable mixing, the water discharged is not likely to give rise to any significant adverse effects on aquatic life.

(3)

Where regulations are made under this Act permitting or controlling a discharge to which subsections (1) or (2) apply, no rule can be included in a regional coastal plan, proposed regional coastal plan, regional plan, or proposed regional plan, or a resource consent granted relating to that discharge unless the regulations provide otherwise; and regulations may be made prohibiting the making of rules or the granting of resource consents for discharges.

(4)

No person may discharge a harmful substance or contaminant in reliance upon subsection (1)(b) or (c) or subsection (2)(b) if a regulation made under this Act, a rule, or a resource consent applies to that discharge; and regulations or rules may be made prohibiting a discharge which would otherwise be permitted in accordance with subsection (1)(b) or (c) or subsection (2)(b).

(5)

A discharge authorised by subsection (1) or subsection (2), regulations made under this Act, a rule, or a resource consent may, despite section 7 of the Biosecurity Act 1993, be prohibited or controlled by that Act to exclude, eradicate, or effectively manage pests or unwanted organisms.

Section 15B: replaced, on 20 August 1998, by section 6 of the Resource Management Amendment Act 1997 (1997 No 104).

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

(1)

Notwithstanding anything to the contrary in this Act, no person may, in the coastal marine area,—

(a)

dump from any ship, aircraft, or offshore installation any radioactive waste or other radioactive matter; or

(b)

store any radioactive waste or other radioactive matter or toxic or hazardous waste on or in any land or water.

(2)

In this section,—

radioactive waste or other radioactive matter has the same meaning as in section 257 of the Maritime Transport Act 1994

toxic or hazardous waste means any waste or other matter prescribed as toxic or hazardous waste by regulations.

Section 15C: inserted, on 20 August 1998, by section 6 of the Resource Management Amendment Act 1994 (1994 No 105).

Noise

16 Duty to avoid unreasonable noise

(1)

Every occupier of land (including any premises and any coastal marine area), and every person carrying out an activity in, on, or under a water body or the coastal marine area, shall adopt the best practicable option to ensure that the emission of noise from that land or water does not exceed a reasonable level.

(2)

A national environmental standard, plan, or resource consent made or granted for the purposes of any of sections 9, 12, 13, 14, 15, 15A, and 15B may prescribe noise emission standards, and is not limited in its ability to do so by subsection (1).

Section 16(1): amended, on 7 July 1993, by section 14 of the Resource Management Amendment Act 1993 (1993 No 65).

Section 16(2): replaced, on 1 October 2009, by section 16 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Adverse effects

17 Duty to avoid, remedy, or mitigate adverse effects

(1)

Every person has a duty to avoid, remedy, or mitigate any adverse effect on the environment arising from an activity carried on by or on behalf of the person, whether or not the activity is carried on in accordance with—

(a)

any of sections 10, 10A, 10B, and 20A; or

(b)

a national environmental standard, a rule, a resource consent, or a designation.

(2)

The duty referred to in subsection (1) is not of itself enforceable against any person, and no person is liable to any other person for a breach of that duty.

(3)

Notwithstanding subsection (2), an enforcement order or abatement notice may be made or served under Part 12 to—

(a)

require a person to cease, or prohibit a person from commencing, anything that, in the opinion of the Environment Court or an enforcement officer, is or is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have an adverse effect on the environment; or

(b)

require a person to do something that, in the opinion of the Environment Court or an enforcement officer, is necessary in order to avoid, remedy, or mitigate any actual or likely adverse effect on the environment caused by, or on behalf of, that person.

(4)

Subsection (3) is subject to section 319(2) (which specifies when an Environment Court shall not make an enforcement order).

Section 17(1): replaced, on 1 October 2009, by section 17 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 17(3)(a): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

Section 17(3)(b): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

Section 17(4): inserted, on 7 July 1993, by section 15(2) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 17(4): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

Recognised customary activities[Repealed]

Heading: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

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

Section 17A: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

17B Adverse effects assessment
[Repealed]

Section 17B: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Emergencies

18 Possible defence in cases of unforeseen emergencies

(1)

Any person who is prosecuted under section 338 for an offence arising from any contravention of any of sections 9, 11, 12, 13, 14, 15, 15A, and 15B may raise any applicable defence that is referred to in section 341 or section 341A or section 341B.

(2)

No person may be prosecuted for acting in accordance with section 330 (which relates to certain activities undertaken in an emergency).

Section 18(1): replaced, on 20 August 1998, by section 8 of the Resource Management Amendment Act 1994 (1994 No 105).

Effect of certain changes to plans[Repealed]

Heading: repealed, on 1 October 2009, by section 18 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

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

Section 19: repealed, on 1 October 2009, by section 18 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

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

Section 20: repealed, on 1 October 2009, by section 18 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Certain existing lawful activities allowed

Heading: inserted, on 1 October 2009, by section 19 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

20A Certain existing lawful activities allowed

(1)

If, as a result of a rule in a proposed regional plan taking legal effect in accordance with section 86B or 149N(8), an activity requires a resource consent, the activity may continue until the rule becomes operative if,—

(a)

before the rule took legal effect in accordance with section 86B or 149N(8), the activity—

(i)

was a permitted activity or otherwise could have been lawfully carried on without a resource consent; and

(ii)

was lawfully established; and

(b)

the effects of the activity are the same or similar in character, intensity, and scale to the effects that existed before the rule took legal effect in accordance with section 86B or 149N(8); and

(c)

the activity has not been discontinued for a continuous period of more than 6 months (or a longer period fixed by a rule in the proposed regional plan in any particular case or class of case by the regional council that is responsible for the proposed plan) since the rule took legal effect in accordance with section 86B or 149N(8).

(2)

If, as a result of a rule in a regional plan becoming operative, an activity requires a resource consent, the activity may continue after the rule becomes operative if,—

(a)

before the rule became operative, the activity—

(i)

was a permitted activity or allowed to continue under subsection (1) or otherwise could have been lawfully carried on without a resource consent; and

(ii)

was lawfully established; and

(b)

the effects of the activity are the same or similar in character, intensity, and scale to the effects that existed before the rule became operative; and

(c)

the person carrying on the activity has applied for a resource consent from the appropriate consent authority within 6 months after the date the rule became operative and the application has not been decided or any appeals have not been determined.

Section 20A: replaced, on 1 August 2003, by section 8 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 20A(1): amended, on 1 October 2009, by section 20(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 20A(1)(a): amended, on 1 October 2009, by section 20(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 20A(1)(b): amended, on 1 October 2009, by section 20(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 20A(1)(c): amended, on 1 October 2009, by section 20(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Miscellaneous provisions

21 Avoiding unreasonable delay

Every person who exercises or carries out functions, powers, or duties, or is required to do anything, under this Act for which no time limits are prescribed shall do so as promptly as is reasonable in the circumstances.

22 Duty to give certain information

(1)

This section applies when an enforcement officer has reasonable grounds to believe that a person (person A) is breaching or has breached any of the obligations under this Part.

(2)

The enforcement officer may direct person A to give the officer the following information:

(a)

if person A is a natural person, his or her full name, address, and date of birth:

(b)

if person A is not a natural person, person A’s full name and address.

(3)

The enforcement officer may also direct person A to give the officer the following information about a person (person B) on whose behalf person A is breaching or has breached the obligations under this Part:

(a)

if person B is a natural person, his or her full name, address, and date of birth:

(b)

if person B is not a natural person, person B’s full name and address.

Section 22: replaced, on 1 October 2009, by section 21 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

23 Other legal requirements not affected

(1)

Compliance with this Act does not remove the need to comply with all other applicable Acts, regulations, bylaws, and rules of law.

(2)

The duties and restrictions described in this Part shall only be enforceable against any person through the provisions of this Act; and no person shall be liable to any other person for a breach of any such duty or restriction except in accordance with the provisions of this Act.

(3)

Nothing in subsection (2) limits or affects any right of action which any person may have independently of the provisions of this Act.

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

Functions, powers, and duties of Ministers

24 Functions of Minister for the Environment

The Minister for the Environment shall have the following functions under this Act:

(a)

the recommendation of the issue of national policy statements under section 52:

(b)

the recommendation of the making of national environmental standards:

(c)

to decide whether to intervene in a matter, or to make a direction for a matter that is or is part of a proposal of national significance, under Part 6AA:

(d)

the recommendation of the approval of an applicant as a requiring authority under section 167 or a heritage protection authority under section 188:

(e)

the recommendation of the issue of water conservation orders under section 214:

(f)

the monitoring of the effect and implementation of this Act (including any regulations in force under it), national policy statements, and water conservation orders:

(g)

the monitoring of the relationship between the functions, powers, and duties of central government and local government under this Part:

(ga)

the monitoring and investigation, in such manner as the Minister thinks fit, of any matter of environmental significance:

(h)

the consideration and investigation of the use of economic instruments (including charges, levies, other fiscal measures, and incentives) to achieve the purpose of this Act:

(i)

any other functions specified in this Act.

Section 24(b): amended, on 10 August 2005, by section 6(1) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 24(c): replaced, on 1 October 2009, by section 22 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 24(g): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 24(ga): inserted, on 7 July 1993, by section 17 of the Resource Management Amendment Act 1993 (1993 No 65).

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

The Minister for the Environment may—

(a)

investigate the exercise or performance by a local authority of any of its functions, powers, or duties under this Act or regulations under this Act; and

(b)

make recommendations to the local authority on its exercise or performance of those functions, powers, or duties; and

(c)

investigate the failure or omission by a local authority to exercise or perform any of its functions, powers, or duties under this Act or regulations under this Act; and

(d)

make recommendations to the local authority on its failure or omission to exercise or perform those functions, powers, or duties; and

(e)

take action under section 25 or section 25A if the local authority’s failure or omission to act on a recommendation gives the Minister grounds to take action under one or both of those sections.

Section 24A: inserted, on 10 August 2005, by section 7 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 24A(a): amended, on 1 October 2009, by section 23 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 24A(c): amended, on 1 October 2009, by section 23 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

25 Residual powers of Minister for the Environment

(1)

Where any local authority is not exercising or performing any of its functions, powers, or duties under this Act to the extent that the Minister for the Environment considers necessary to achieve the purpose of this Act, the Minister may appoint, on such terms and conditions as the Minister thinks fit, 1 or more persons (including any officer of the public service) to exercise or perform all or any of those functions, powers, or duties in place of the local authority.

(2)

The Minister shall not make an appointment under subsection (1) until—

(a)

the local authority has been given written notice specifying the reasons why the Minister proposes to make the appointment; and

(b)

the local authority has a reasonable opportunity to satisfy the Minister that it has not failed to exercise or perform any of its functions, powers, or duties to the extent necessary to achieve the purpose of this Act, and having not succeeded in so satisfying the Minister, has failed to take proper steps within a time specified in the notice (being not less than 20 working days after the date of the notice) to remedy the defaults complained of.

(3)

Any person appointed under subsection (1) to exercise or perform the functions, powers, or duties of a local authority under this Act may do so as if the person were the local authority, and the provisions of this Act shall apply accordingly.

(4)

All costs, charges, and expenses incurred by the Minister for the purposes of this section, or by a person appointed by the Minister under this section in exercising or performing functions, powers, or duties of a local authority, shall be recoverable from the local authority as a debt due to the Crown or may be deducted from any money payable to the local authority by the Crown.

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

(1)

The Minister for the Environment—

(a)

may direct a regional council—

(i)

to prepare a regional plan that addresses a resource management issue relating to a function in section 30; or

(ii)

to prepare a change to its regional plan that addresses the issue; or

(iii)

to prepare a variation to its proposed regional plan that addresses the issue; and

(b)

may direct the council, in preparing the plan, change, or variation, to deal with the whole or a specified part of the council’s region; and

(c)

must, in giving a direction, specify a reasonable period within which the plan, change, or variation must be notified.

(2)

The Minister—

(a)

may direct a territorial authority—

(i)

to prepare a change to its district plan that addresses a resource management issue relating to a function in section 31; or

(ii)

to prepare a variation to its proposed district plan that addresses the issue; and

(b)

must, in giving a direction, specify a reasonable period within which the change or variation must be notified.

Section 25A: inserted, on 10 August 2005, by section 8 of the Resource Management Amendment Act 2005 (2005 No 87).

25B Ministers may direct commencement of review

(1)

The Minister may direct a regional council to commence a review of the whole or any part of its regional plan (except its regional coastal plan) and, if he or she does so, must specify a reasonable period within which the review must commence.

(2)

The Minister of Conservation may direct a regional council to commence a review of the whole or any part of its regional coastal plan and, if he or she does so, must specify a reasonable period within which the review must commence.

(3)

The Minister may direct a territorial authority to commence a review of the whole or any part of its district plan and, if he or she does so, must specify a reasonable period within which the review must commence.

(4)

For the purposes of subsections (1) to (3), section 79(5) to (9) apply to the review with any necessary modification.

Section 25B: inserted, on 1 October 2009, by section 24 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

26 Minister may make grants and loans

(1)

The Minister for the Environment may make grants and loans on such conditions as he or she thinks fit to any person to assist in achieving the purpose of this Act.

(2)

All money spent or advanced by the Minister under this section shall be paid out of money appropriated by Parliament for the purpose.

(3)

All money received by the Minister under this Act shall be paid into a Crown Bank Account or such other account as may be approved by the Minister of Finance.

Section 26(3): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

27 Minister may require local authorities to supply information

(1)

The Minister for the Environment may require the bodies described in subsection (2) to supply the information described in subsection (3).

(2)

The bodies are—

(a)

a local authority; and

(b)

a network utility operator approved as a requiring authority; and

(c)

a body corporate approved as a heritage protection authority.

(3)

The information is information to which all the following apply:

(a)

it is about the body’s exercise of any of its functions, powers, or duties under this Act; and

(b)

it is held by the body; and

(c)

it may reasonably be required by the Minister.

(4)

The Minister must require the information in a notice that—

(a)

is in writing; and

(b)

is dated.

(5)

The body—

(a)

must supply the Minister with the information within—

(i)

20 working days of the date of the notice; or

(ii)

a longer time set by the Minister; and

(b)

must not charge the Minister for the supply.

Section 27: replaced, on 10 August 2005, by section 9 of the Resource Management Amendment Act 2005 (2005 No 87).

28 Functions of Minister of Conservation

The Minister of Conservation shall have the following functions under this Act:

(a)

the preparation and recommendation of New Zealand coastal policy statements under section 57:

(b)

the approval of regional coastal plans in accordance with Schedule 1:

(c)
[Repealed]

(d)

the monitoring of the effect and implementation of New Zealand coastal policy statements and coastal permits for restricted coastal activities:

(e)
[Repealed]

(f)

any other functions specified in this Act.

Section 28(c): repealed, on 1 October 2009, by section 25(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 28(d): replaced, on 7 July 1993, by section 19(1) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 28(d): amended, on 1 October 2009, by section 25(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 28(e): repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 28(f): inserted, on 1 October 2011, by section 7 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

28A Regional council must supply information to Minister of Conservation

(1)

The Minister of Conservation may, if it is reasonable to do so, require a regional council to supply information about the regional council’s monitoring of—

(a)

a coastal permit relating to its region; or

(b)

its regional coastal plan; or

(c)

the exercise of a protected customary right in its region.

(2)

The Minister of Conservation must request the required information by giving a written and dated notice to the regional council.

(3)

The council must supply the information to the Minister of Conservation within—

(a)

20 working days of the date of the notice; or

(b)

a longer time set by the Minister of Conservation.

(4)

The council must not charge for supplying the information.

Section 28A: replaced, on 1 October 2009, by section 26 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 28A(1)(c): amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

28B Functions of Minister of Aquaculture

The Minister of Aquaculture has the following functions under this Act:

(a)

suspending the receipt of applications for coastal permits authorising aquaculture activities to be undertaken in the coastal marine area under section 165ZD:

(b)

making a direction to process and hear together applications for coastal permits authorising aquaculture activities to be undertaken in the coastal marine area under section 165ZFA:

(c)

recommending the making of regulations under sections 360A to 360C that amend regional coastal plans in relation to aquaculture activities in the coastal marine area.

Section 28B: inserted, on 1 October 2011, by section 8 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

29 Delegation of functions by Ministers

(1)

Any Minister of the Crown may, either generally or particularly, delegate to the chief executive of that Minister’s department in accordance with section 28 of the State Sector Act 1988, any of that Minister’s functions, powers, or duties under this Act other than the following:

(a)

certifying any work or activity under section 4:

(b)

appointing persons to exercise powers or perform functions or duties in place of a local authority under section 25:

(c)

recommending the making of a national environmental standard under section 44:

(d)

recommending the approval, change, or revocation of a national policy statement or a New Zealand coastal policy statement under section 52, 53, or 57:

(e)

the following functions, powers, and duties under Part 6AA:

(i)

deciding whether to make a direction under section 142(2) or 147(1) in relation to a matter that is or is part of a proposal of national significance:

(ii)

appointing a board of inquiry under section 149J to consider a matter for which a direction has been made under section 142(2) or 147(1)(a):

(iii)

extending the time by which a board of inquiry must produce a final report on a matter for which a direction has been made under section 142(2) or 147(1)(a)

(iv)

deciding whether to intervene in a matter under section 149ZA:

(v)

deciding under section 149ZC whether to notify an application or notice of requirement to which section 149ZB applies:

(f)

recommending the making of an Order in Council under section 150C:

(g)

recommending the making of an Order in Council under section 165O:

(ga)
[Repealed]

(h)

approving an applicant as a requiring authority under section 167:

(i)

approving an applicant as a heritage protection authority under section 188:

(j)

recommending the issue or amendment of a water conservation order under section 214 or 216:

(k)

recommending the appointment of an Environment Judge or alternate Environment Judge under section 250:

(l)

recommending the appointment of the Principal Environment Judge under section 251:

(m)

recommending the appointment of an Environment Commissioner or Deputy Environment Commissioner under section 254:

(n)

recommending the making of regulations under section 360:

(o)

approving a regional coastal plan under clause 19 of Schedule 1:

(p)
[Repealed]

(q)

this power of delegation.

(2)

A chief executive may, in accordance with section 41 of the State Sector Act 1988, subdelegate any function, power, or duty delegated to him or her by a Minister under section 28 of that Act.

(3)

Any delegation or subdelegation made under this section may be revoked in accordance with section 29 or section 42 of the State Sector Act 1988, as the case may be.

(4)

The Minister may, in writing, delegate to the Environmental Protection Authority his or her functions, powers, and duties under section 24(f), Part 6AA, and sections 357B to 357D except the following:

(a)

deciding whether to make a direction under section 142(2) or 147(1) in relation to a matter that is or is part of a proposal of national significance:

(b)

appointing a board of inquiry under section 149J to consider a matter for which a direction has been made under section 142(2) or 147(1)(a):

(c)

extending the time by which a board of inquiry must produce a final report on a matter for which a direction has been made under section 142(2) or 147(1)(a):

(d)

deciding whether to intervene in a matter under section 149ZA:

(e)

deciding under section 149ZC whether to notify an application or notice of requirement to which section 149ZB applies.

(4A)

The Minister of Conservation may, in writing, delegate to the Environmental Protection Authority his or her functions, powers, and duties—

(a)

under section 149ZD(4); and

(b)

under sections 357B(b), 357C, and 357D, in relation to a delegation to which paragraph (a) applies.

(5)

A delegation under subsection (4) or (4A)

(a)

is revocable at will, but the revocation does not take effect until it is communicated in writing to the EPA; and

(b)

does not prevent the Minister from performing the functions or duties, or exercising the powers, concerned.

Section 29(1)(a): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 29(1)(b): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 29(1)(c): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 29(1)(d): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 29(1)(e): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 29(1)(f): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 29(1)(g): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 29(1)(ga): repealed, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 29(1)(h): replaced, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 29(1)(i): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 29(1)(j): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 29(1)(k): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 29(1)(l): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 29(1)(m): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 29(1)(n): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 29(1)(o): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 29(1)(p): repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 29(1)(q): inserted, on 1 October 2009, by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 29(4): inserted, on 1 October 2009, by section 27(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 29(4): amended, on 1 July 2011, by section 5 of the Resource Management Amendment Act 2011 (2011 No 19).

Section 29(4A): inserted, on 4 September 2013, by section 5(1) of the Resource Management Amendment Act 2013 (2013 No 63).

Section 29(5): inserted, on 1 October 2009, by section 27(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 29(5): amended, on 4 September 2013, by section 5(2) of the Resource Management Amendment Act 2013 (2013 No 63).

29A Restriction on Ministerial direction

The Minister may not give a direction under section 103 of the Crown Entities Act 2004 that relates to the exercise of the EPA’s functions under section 42C(c).

Section 29A: inserted, on 1 July 2011, by section 6 of the Resource Management Amendment Act 2011 (2011 No 19).

Functions, powers, and duties of local authorities

30 Functions of regional councils under this Act

(1)

Every regional council shall have the following functions for the purpose of giving effect to this Act in its region:

(a)

the establishment, implementation, and review of objectives, policies, and methods to achieve integrated management of the natural and physical resources of the region:

(b)

the preparation of objectives and policies in relation to any actual or potential effects of the use, development, or protection of land which are of regional significance:

(c)

the control of the use of land for the purpose of—

(i)

soil conservation:

(ii)

the maintenance and enhancement of the quality of water in water bodies and coastal water:

(iii)

the maintenance of the quantity of water in water bodies and coastal water:

(iiia)

the maintenance and enhancement of ecosystems in water bodies and coastal water:

(iv)

the avoidance or mitigation of natural hazards:

(v)

the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances:

(ca)

the investigation of land for the purposes of identifying and monitoring contaminated land:

(d)

in respect of any coastal marine area in the region, the control (in conjunction with the Minister of Conservation) of—

(i)

land and associated natural and physical resources:

(ii)

the occupation of space in, and the extraction of sand, shingle, shell, or other natural material from, the coastal marine area, to the extent that it is within the common marine and coastal area:

(iii)

the taking, use, damming, and diversion of water:

(iv)

discharges of contaminants into or onto land, air, or water and discharges of water into water:

(iva)

the dumping and incineration of waste or other matter and the dumping of ships, aircraft, and offshore installations:

(v)

any actual or potential effects of the use, development, or protection of land, including the avoidance or mitigation of natural hazards and the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances:

(vi)

the emission of noise and the mitigation of the effects of noise:

(vii)

activities in relation to the surface of water:

(e)

the control of the taking, use, damming, and diversion of water, and the control of the quantity, level, and flow of water in any water body, including—

(i)

the setting of any maximum or minimum levels or flows of water:

(ii)

the control of the range, or rate of change, of levels or flows of water:

(iii)

the control of the taking or use of geothermal energy:

(f)

the control of discharges of contaminants into or onto land, air, or water and discharges of water into water:

(fa)

if appropriate, the establishment of rules in a regional plan to allocate any of the following:

(i)

the taking or use of water (other than open coastal water):

(ii)

the taking or use of heat or energy from water (other than open coastal water):

(iii)

the taking or use of heat or energy from the material surrounding geothermal water:

(iv)

the capacity of air or water to assimilate a discharge of a contaminant:

(fb)

if appropriate, and in conjunction with the Minister of Conservation,—

(i)

the establishment of rules in a regional coastal plan to allocate the taking or use of heat or energy from open coastal water:

(ii)

the establishment of a rule in a regional coastal plan to allocate space in a coastal marine area under Part 7A:

(g)

in relation to any bed of a water body, the control of the introduction or planting of any plant in, on, or under that land, for the purpose of—

(i)

soil conservation:

(ii)

the maintenance and enhancement of the quality of water in that water body:

(iii)

the maintenance of the quantity of water in that water body:

(iv)

the avoidance or mitigation of natural hazards:

(ga)

the establishment, implementation, and review of objectives, policies, and methods for maintaining indigenous biological diversity:

(gb)

the strategic integration of infrastructure with land use through objectives, policies, and methods:

(h)

any other functions specified in this Act.

(2)

A regional council and the Minister of Conservation must not perform the functions specified in subsection (1)(d)(i), (ii), and (vii) to control the taking, allocation or enhancement of fisheries resources for the purpose of managing fishing or fisheries resources controlled under the Fisheries Act 1996.

(3)

However, a regional council and the Minister of Conservation may perform the functions specified in subsection (1)(d) to control aquaculture activities for the purpose of avoiding, remedying, or mitigating the effects of aquaculture activities on fishing and fisheries resources.

(4)

A rule to allocate a natural resource established by a regional council in a plan under subsection (1)(fa) or (fb) may allocate the resource in any way, subject to the following:

(a)

the rule may not, during the term of an existing resource consent, allocate the amount of a resource that has already been allocated to the consent; and

(b)

nothing in paragraph (a) affects section 68(7); and

(c)

the rule may allocate the resource in anticipation of the expiry of existing consents; and

(d)

in allocating the resource in anticipation of the expiry of existing consents, the rule may—

(i)

allocate all of the resource used for an activity to the same type of activity; or

(ii)

allocate some of the resource used for an activity to the same type of activity and the rest of the resource to any other type of activity or no type of activity; and

(e)

the rule may allocate the resource among competing types of activities; and

(f)

the rule may allocate water, or heat or energy from water, as long as the allocation does not affect the activities authorised by section 14(3)(b) to (e).

Section 30 heading: amended, on 20 August 1998, by section 9 of the Resource Management Amendment Act 1994 (1994 No 105).

Section 30(1)(c)(iiia): inserted, on 1 August 2003, by section 9(1) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 30(1)(ca): inserted, on 10 August 2005, by section 11(1) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 30(1)(d)(ii): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 30(1)(d)(iva): inserted, on 20 August 1998, by section 9 of the Resource Management Amendment Act 1994 (1994 No 105).

Section 30(1)(fa): inserted, on 10 August 2005, by section 11(2) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 30(1)(fb): inserted, on 10 August 2005, by section 11(2) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 30(1)(ga): inserted, on 1 August 2003, by section 9(2) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 30(1)(gb): inserted, on 10 August 2005, by section 11(3) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 30(2): replaced, on 1 October 2011, by section 9 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 30(3): replaced, on 1 October 2011, by section 9 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 30(4): inserted, on 10 August 2005, by section 11(4) of the Resource Management Amendment Act 2005 (2005 No 87).

31 Functions of territorial authorities under this Act

(1)

Every territorial authority shall have the following functions for the purpose of giving effect to this Act in its district:

(a)

the establishment, implementation, and review of objectives, policies, and methods to achieve integrated management of the effects of the use, development, or protection of land and associated natural and physical resources of the district:

(b)

the control of any actual or potential effects of the use, development, or protection of land, including for the purpose of—

(i)

the avoidance or mitigation of natural hazards; and

(ii)

the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances; and

(iia)

the prevention or mitigation of any adverse effects of the development, subdivision, or use of contaminated land:

(iii)

the maintenance of indigenous biological diversity:

(c)
[Repealed]

(d)

the control of the emission of noise and the mitigation of the effects of noise:

(e)

the control of any actual or potential effects of activities in relation to the surface of water in rivers and lakes:

(f)

any other functions specified in this Act.

(2)

The methods used to carry out any functions under subsection (1) may include the control of subdivision.

Section 31 heading: amended, on 7 July 1993, by section 22 of the Resource Management Amendment Act 1993 (1993 No 65).

Section 31(1)(b): replaced, on 1 August 2003, by section 10(1) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 31(1)(b)(iia): inserted, on 10 August 2005, by section 12 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 31(1)(c): repealed, on 1 August 2003, by section 10(1) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 31(2): inserted, on 1 August 2003, by section 10(2) of the Resource Management Amendment Act 2003 (2003 No 23).

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

(1)

The Minister of Conservation—

(a)

has, in respect of the coastal marine areas of the Kermadec Islands, the Snares Islands, the Bounty Islands, the Antipodes Islands, the Auckland Islands, Campbell Island, and the islands adjacent to Campbell Island, the responsibilities, duties, and powers that a regional council would have under section 30(1)(d) if those coastal marine areas were within the region of that regional council; and

(b)

may exercise, in respect of the islands specified in paragraph (a),—

(i)

the responsibilities, duties, and powers that a regional council would have under this Act if those islands were within the region of that regional council; and

(ii)

the responsibilities, duties, and powers that a territorial authority would have under this Act if those islands were within the district of that territorial authority.

(2)

The responsibilities, duties, and powers conferred on the Minister of Conservation by subsection (1)(b) are in addition to the powers conferred on that Minister by subsection (1)(a).

(3)

The responsibilities, duties, and powers conferred on the Minister of Conservation by this section are in addition to the responsibilities, duties, and powers conferred on that Minister by this Act.

Section 31A: inserted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 31A(1)(b)(i): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

32 Requirements for preparing and publishing evaluation reports

(1)

An evaluation report required under this Act must—

(a)

examine the extent to which the objectives of the proposal being evaluated are the most appropriate way to achieve the purpose of this Act; and

(b)

examine whether the provisions in the proposal are the most appropriate way to achieve the objectives by—

(i)

identifying other reasonably practicable options for achieving the objectives; and

(ii)

assessing the efficiency and effectiveness of the provisions in achieving the objectives; and

(iii)

summarising the reasons for deciding on the provisions; and

(c)

contain a level of detail that corresponds to the scale and significance of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the proposal.

(2)

An assessment under subsection (1)(b)(ii) must—

(a)

identify and assess the benefits and costs of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the provisions, including the opportunities for—

(i)

economic growth that are anticipated to be provided or reduced; and

(ii)

employment that are anticipated to be provided or reduced; and

(b)

if practicable, quantify the benefits and costs referred to in paragraph (a); and

(c)

assess the risk of acting or not acting if there is uncertain or insufficient information about the subject matter of the provisions.

(3)

If the proposal (an amending proposal) will amend a standard, statement, regulation, plan, or change that is already proposed or that already exists (an existing proposal), the examination under subsection (1)(b) must relate to—

(a)

the provisions and objectives of the amending proposal; and

(b)

the objectives of the existing proposal to the extent that those objectives—

(i)

are relevant to the objectives of the amending proposal; and

(ii)

would remain if the amending proposal were to take effect.

(4)

If the proposal will impose a greater prohibition or restriction on an activity to which a national environmental standard applies than the existing prohibitions or restrictions in that standard, the evaluation report must examine whether the prohibition or restriction is justified in the circumstances of each region or district in which the prohibition or restriction would have effect.

(5)

The person who must have particular regard to the evaluation report must make the report available for public inspection—

(a)

as soon as practicable after the proposal is made (in the case of a standard or regulation); or

(b)

at the same time as the proposal is publicly notified.

(6)

In this section,—

objectives means,—

(a)

for a proposal that contains or states objectives, those objectives:

(b)

for all other proposals, the purpose of the proposal

proposal means a proposed standard, statement, regulation, plan, or change for which an evaluation report must be prepared under this Act

provisions means,—

(a)

for a proposed plan or change, the policies, rules, or other methods that implement, or give effect to, the objectives of the proposed plan or change:

(b)

for all other proposals, the policies or provisions of the proposal that implement, or give effect to, the objectives of the proposal.

Section 32: replaced, on 3 December 2013, for all purposes, by section 70 of the Resource Management Amendment Act 2013 (2013 No 63).

32AA Requirements for undertaking and publishing further evaluations

(1)

A further evaluation required under this Act—

(a)

is required only for any changes that have been made to, or are proposed for, the proposal since the evaluation report for the proposal was completed (the changes); and

(b)

must be undertaken in accordance with section 32(1) to (4); and

(c)

must, despite paragraph (b) and section 32(1)(c), be undertaken at a level of detail that corresponds to the scale and significance of the changes; and

(d)

must—

(i)

be published in an evaluation report that is made available for public inspection at the same time as the approved proposal (in the case of a national policy statement or a New Zealand coastal policy statement), or the decision on the proposal, is publicly notified; or

(ii)

be referred to in the decision-making record in sufficient detail to demonstrate that the further evaluation was undertaken in accordance with this section.

(2)

To avoid doubt, an evaluation report does not have to be prepared if a further evaluation is undertaken in accordance with subsection (1)(d)(ii).

(3)

In this section, proposal means a proposed statement, plan, or change for which a further evaluation must be undertaken under this Act.

Section 32AA: inserted, on 3 December 2013, for all purposes, by section 70 of the Resource Management Amendment Act 2013 (2013 No 63).

32A Failure to carry out evaluation

(1)

A challenge to an objective, policy, rule, or other method on the ground that an evaluation report required under this Act has not been prepared or regarded, a further evaluation required under this Act has not been undertaken or regarded, or section 32 or 32AA has not been complied with may be made only in a submission under section 49, 149E, 149F, or 149O or under Schedule 1.

(2)

Subsection (1) does not prevent a person who is hearing a submission or an appeal on a proposal from having regard to the matters stated in section 32.

(3)

In this section, proposal means a proposed statement, plan, or change for which—

(a)

an evaluation report must be prepared under this Act; or

(b)

a further evaluation must be undertaken under this Act.

Section 32A: inserted, on 1 August 2003, by section 11 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 32A(1): amended, on 3 December 2013, for all purposes, by section 71(1) of the Resource Management Amendment Act 2013 (2013 No 63).

Section 32A(1): amended, on 4 September 2013, by section 6 of the Resource Management Amendment Act 2013 (2013 No 63).

Section 32A(2): replaced, on 3 December 2013, for all purposes, by section 71(2) of the Resource Management Amendment Act 2013 (2013 No 63).

Section 32A(3): inserted, on 3 December 2013, for all purposes, by section 71(2) of the Resource Management Amendment Act 2013 (2013 No 63).

33 Transfer of powers

(1)

A local authority may transfer any 1 or more of its functions, powers, or duties under this Act, except this power of transfer, to another public authority in accordance with this section.

(2)

For the purposes of this section, public authority includes—

(a)

a local authority; and

(b)

an iwi authority; and

(c)
[Repealed]

(d)

a government department; and

(e)

a statutory authority; and

(f)

a joint committee set up for the purposes of section 80; and

(g)

a local board.

(3)

[Repealed]

(4)

A local authority shall not transfer any of its functions, powers, or duties under this section unless—

(a)

it has used the special consultative procedure set out in section 83 of the Local Government Act 2002; and

(b)

before using that special consultative procedure it serves notice on the Minister of its proposal to transfer the function, power, or duty; and

(c)

both authorities agree that the transfer is desirable on all of the following grounds:

(i)

the authority to which the transfer is made represents the appropriate community of interest relating to the exercise or performance of the function, power, or duty:

(ii)

efficiency:

(iii)

technical or special capability or expertise.

(5)

[Repealed]

(6)

A transfer of functions, powers, or duties under this section shall be made by agreement between the authorities concerned and on such terms and conditions as are agreed.

(7)

A public authority to which any function, power, or duty is transferred under this section may accept such transfer, unless expressly forbidden to do so by the terms of any Act by or under which it is constituted; and upon any such transfer, its functions, powers, and duties shall be deemed to be extended in such manner as may be necessary to enable it to undertake, exercise, and perform the function, power, or duty.

(8)

A local authority which has transferred any function, power, or duty under this section may change or revoke the transfer at any time by notice to the transferee.

(9)

A public authority to which any function, power, or duty has been transferred under this section, may relinquish the transfer in accordance with the transfer agreement.

Section 33(1): replaced, on 1 August 2003, by section 12(1) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 33(2): replaced, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 33(2)(c): repealed, on 1 October 2011, by section 11 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 33(2)(g): amended, on 8 August 2014, by section 78 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 33(3): repealed, on 1 August 2003, by section 12(2) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 33(4)(a): replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 33(5): repealed, on 1 August 2003, by section 12(2) of the Resource Management Amendment Act 2003 (2003 No 23).

34 Delegation of functions, etc, by local authorities

(1)

A local authority may delegate to any committee of the local authority established in accordance with the Local Government Act 2002 any of its functions, powers, or duties under this Act.

(2)

A territorial authority may delegate to any community board established in accordance with the Local Government Act 2002 any of its functions, powers, or duties under this Act in respect of any matter of significance to that community, other than the approval of a plan or any change to a plan.

(3)

Subsection (2) does not prevent a local authority delegating to a community board power to do anything before a final decision on the approval of a plan or any change to a plan.

(3A)

A unitary authority may delegate to any local board any of its functions, powers, or duties under this Act in respect of any matter of local significance to that board, other than the approval of a plan or any change to a plan.

(3B)

Subsection (3A) does not prevent a unitary authority delegating to a local board power to do anything before a final decision on the approval of a plan or any change to a plan.

(4)

[Repealed]

(5)

[Repealed]

(6)

[Repealed]

(7)

Any delegation under this section may be made on such terms and conditions as the local authority thinks fit, and may be revoked at any time by notice to the delegate.

(8)

Except as provided in the instrument of delegation, every person to whom any function, power, or duty has been delegated under this section may, without confirmation by the local authority, exercise or perform the function, power, or duty in like manner and with the same effect as the local authority could itself have exercised or performed it.

(9)

Every person authorised to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of proof to the contrary.

(10)

A delegation under this section does not affect the performance or exercise of any function, power, or duty by the local authority.

(11)

In subsections (3A) and (3B), Auckland Council and local board have the meanings given in section 4(1) of the Local Government (Auckland Council) Act 2009.

Section 34(1): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 34(2): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 34(3): replaced, on 1 August 2003, by section 13 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 34(3A): inserted, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 34(3A): amended, on 8 August 2014, by section 78 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 34(3B): inserted, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 34(3B): amended, on 8 August 2014, by section 78 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 34(4): repealed, on 1 August 2003, by section 13 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 34(5): repealed, on 1 August 2003, by section 13 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 34(6): repealed, on 1 August 2003, by section 13 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 34(11): inserted, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

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

(1)

A local authority may delegate to an employee, or hearings commissioner appointed by the local authority (who may or may not be a member of the local authority), any functions, powers, or duties under this Act except the following:

(a)

the approval of a proposed policy statement or plan under clause 17 of Schedule 1:

(b)

this power of delegation.

(2)

A local authority may delegate to any other person any functions, powers, or duties under this Act except the following:

(a)

the powers in subsection (1)(a) and (b):

(b)

the decision on an application for a resource consent:

(c)

the making of a recommendation on a requirement for a designation.

(3)

[Repealed]

(4)

Section 34(7), (8), (9), and (10) applies to a delegation under this section.

(5)

Subsection (1) or subsection (2) does not prevent a local authority delegating to any person the power to do anything before a final decision on a matter referred to in those subsections.

Section 34A: inserted, on 1 August 2003, by section 14 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 34A(1)(a): replaced, on 1 October 2009, by section 28 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 34A(3): repealed, on 10 August 2005, by section 14 of the Resource Management Amendment Act 2005 (2005 No 87).

35 Duty to gather information, monitor, and keep records

(1)

Every local authority shall gather such information, and undertake or commission such research, as is necessary to carry out effectively its functions under this Act or regulations under this Act.

(2)

Every local authority shall monitor—

(a)

the state of the whole or any part of the environment of its region or district—

(i)

to the extent that is appropriate to enable the local authority to effectively carry out its functions under this Act; and

(ii)

in addition, by reference to any indicators or other matters prescribed by regulations made under this Act, and in accordance with the regulations; and

(b)

the efficiency and effectiveness of policies, rules, or other methods in its policy statement or its plan; and

(c)

the exercise of any functions, powers, or duties delegated or transferred by it; and

(d)

the exercise of the resource consents that have effect in its region or district, as the case may be; and

(e)

in the case of a regional council, the exercise of a protected customary right in its region, including any controls imposed on the exercise of that right under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011—

and take appropriate action (having regard to the methods available to it under this Act) where this is shown to be necessary.

(2A)

Every local authority must, at intervals of not more than 5 years, compile and make available to the public a review of the results of its monitoring under subsection (2)(b).

(3)

Every local authority shall keep reasonably available at its principal office, information which is relevant to the administration of policy statements and plans, the monitoring of resource consents, and current issues relating to the environment of the area, to enable the public—

(a)

to be better informed of their duties and of the functions, powers, and duties of the local authority; and

(b)

to participate effectively under this Act.

(4)

Every local authority shall keep reasonably available at each of the offices in its region or district such of the information referred to in subsection (3) as relates to that part of the region or district.

(5)

The information to be kept by a local authority under subsection (3) shall include—

(a)

copies of its operative and any proposed policy statements and plans including all requirements for designations and heritage orders, and all operative and proposed changes to those policy statements and plans; and

(aa)

copies of all material incorporated by reference in any plan or proposed plan under Part 3 of Schedule 1; and

(b)

all its decisions relating to submissions on any proposed policy statements and plans which have not yet become operative; and

(c)

in the case of a territorial authority, copies of every operative and proposed regional policy statement and regional plan for the region of which its district forms part; and

(d)

in the case of a regional council, copies of every operative and proposed district plan for every territorial authority in its region; and

(e)

in the case of a regional council, a copy of every Order in Council served on it under section 154(a); and

(f)

copies of any national environmental standard or national policy statement or New Zealand coastal policy statement; and

(g)

records of all applications for resource consents received by it; and

(ga)

records of all decisions under any of sections 37, 87E, 95 to 95G, 198C, and 198H; and

(gb)

records of all resource consents granted within the local authority’s region or district; and

(gc)

records of the transfer of any resource consent; and

(h)
[Repealed]

(i)

a summary of all written complaints received by it during the preceding 5 years concerning alleged breaches of the Act or a plan, and information on how it dealt with each such complaint; and

(j)

records of natural hazards to the extent that the local authority considers appropriate for the effective discharge of its functions; and

(ja)

in the case of a territorial authority, the location and area of all esplanade reserves, esplanade strips, and access strips in the district; and

(jb)

in the case of a regional council, records of every protected customary rights order or agreement relating to a part of the common marine and coastal area within its region; and

(k)

any other information gathered under subsections (1) and (2).

(6)

In subsections (2)(e) and (5)(jb), regional council includes the Chatham Islands Council.

Section 35(1): amended, on 1 October 2009, by section 29(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 35(2)(a): replaced, on 4 September 2013, by section 7(1) of the Resource Management Amendment Act 2013 (2013 No 63).

Section 35(2)(b): replaced, on 1 August 2003, by section 15(1) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 35(2)(d): amended, on 17 January 2005, by section 10(1) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).

Section 35(2)(e): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 35(2A): inserted, on 1 August 2003, by section 15(2) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 35(5)(aa): inserted, on 10 August 2005, by section 15 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 35(5)(f): amended, on 1 October 2009, by section 29(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 35(5)(g): replaced, on 1 August 2003, by section 15(3) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 35(5)(ga): inserted, on 1 August 2003, by section 15(3) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 35(5)(ga): amended, on 4 September 2013, by section 7(2) of the Resource Management Amendment Act 2013 (2013 No 63).

Section 35(5)(ga): amended, on 1 October 2009, by section 29(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 35(5)(gb): inserted, on 1 August 2003, by section 15(3) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 35(5)(gc): inserted, on 1 August 2003, by section 15(3) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 35(5)(h): repealed, on 1 October 2009, by section 29(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 35(5)(ja): inserted, on 7 July 1993, by section 24 of the Resource Management Amendment Act 1993 (1993 No 65).

Section 35(5)(jb): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 35(6): inserted, on 17 January 2005, by section 10(3) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).

35A Duty to keep records about iwi and hapu

(1)

For the purposes of this Act or regulations under this Act, a local authority must keep and maintain, for each iwi and hapu within its region or district, a record of—

(a)

the contact details of each iwi authority within the region or district and any groups within the region or district that represent hapu for the purposes of this Act or regulations under this Act; and

(b)

the planning documents that are recognised by each iwi authority and lodged with the local authority; and

(c)

any area of the region or district over which 1 or more iwi or hapu exercise kaitiakitanga.

(2)

For the purposes of subsection (1)(a) and (c),—

(a)

the Crown must provide to each local authority information on—

(i)

the iwi authorities within the region or district of that local authority and the areas over which 1 or more iwi exercise kaitiakitanga within that region or district; and

(ii)

any groups that represent hapu for the purposes of this Act or regulations under this Act within the region or district of that local authority and the areas over which 1 or more hapu exercise kaitiakitanga within that region or district; and

(iii)

the matters provided for in subparagraphs (i) and (ii) that the local authority has advised to the Crown; and

(b)

the local authority must include in its records all the information provided to it by the Crown under paragraph (a).

(3)

In addition to any information provided by a local authority under subsection (2)(a)(iii), the local authority may also keep a record of information relevant to its region or district, as the case may be,—

(a)

on iwi, obtained directly from the relevant iwi authority; and

(b)

on hapu, obtained directly from the relevant group representing the hapu for the purposes of this Act or regulations under this Act.

(4)

In this section, the requirement under subsection (1) to keep and maintain a record does not apply in relation to hapu unless a hapu, through the group that represents it for the purposes of this Act or regulations under this Act, requests the Crown or the relevant local authority (or both) to include the required information for that hapu in the record.

(5)

If information recorded under subsection (1) conflicts with a provision of another enactment, advice given under the other enactment, or a determination made under the other enactment, as the case may be,—

(a)

the provision of the other enactment prevails; or

(b)

the advice given under the other enactment prevails; or

(c)

the determination made under the other enactment prevails.

(6)

Information kept and maintained by a local authority under this section must not be used by the local authority except for the purposes of this Act or regulations under this Act.

(7)

Information required to be provided under this section must be provided in accordance with any prescribed requirements.

Section 35A: inserted, on 10 August 2005, by section 16 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 35A(1): amended, on 1 October 2009, by section 30 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 35A(1)(a): amended, on 1 October 2009, by section 30 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 35A(2)(a)(ii): amended, on 1 October 2009, by section 30 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 35A(3)(b): amended, on 1 October 2009, by section 30 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 35A(4): amended, on 1 October 2009, by section 30 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 35A(6): amended, on 1 October 2009, by section 30 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 35A(7): inserted, on 4 September 2013, by section 8 of the Resource Management Amendment Act 2013 (2013 No 63).

36 Administrative charges

(1)

A local authority may from time to time, subject to subsection (2), fix charges of all or any of the following kinds:

(a)

charges payable by applicants for the preparation or change of a policy statement or plan, for the carrying out by the local authority of its functions in relation to such applications:

(aa)

charges payable by an applicant who makes a request under section 100A in relation to an application for a resource consent, even if 1 or more submitters also make a request, for the cost of the application being heard and decided in accordance with the request:

(ab)

charges payable if 1 or more submitters make a request under section 100A in relation to an application for a resource consent, but the applicant does not also make a request, as follows:

(i)

charges payable by the applicant for the amount that the local authority estimates it would cost for the application to be heard and decided if the request had not been made; and

(ii)

charges payable by the submitters who made a request for equal shares of any amount by which the cost of the application being heard and decided in accordance with the request exceeds the amount payable by the applicant under subparagraph (i):

(ac)

charges payable by a requiring authority or heritage protection authority who makes a request under section 100A in relation to a notice of requirement, even if 1 or more submitters also make a request, for the cost of the requirement being heard and decided or recommended on in accordance with the request:

(ad)

charges payable if 1 or more submitters make a request under section 100A in relation to a notice of requirement, but the requiring authority or heritage protection authority does not also make a request, as follows:

(i)

charges payable by the requiring authority or heritage protection authority for the amount that the local authority estimates it would cost for the requirement to be heard and decided or recommended on if the request had not been made; and

(ii)

charges payable by the submitters who made a request for equal shares of any amount by which the cost of the requirement being heard and decided or recommended on in accordance with the request exceeds the amount payable by the authority under subparagraph (i):

(b)

charges payable by applicants for resource consents, for the carrying out by the local authority of any 1 or more of its functions in relation to the receiving, processing, and granting of resource consents (including certificates of compliance and existing use certificates):

(c)

charges payable by holders of resource consents, for the carrying out by the local authority of its functions in relation to the administration, monitoring, and supervision of resource consents (including certificates of compliance and existing use certificates), and for the carrying out of its resource management functions under section 35:

(ca)

charges payable by persons seeking authorisations under Part 7A, for the carrying out by the local authority of its functions in relation to the allocation of authorisations (whether by tender or any other method), including its functions preliminary to the allocation of authorisations:

(cb)

charges payable by holders of resource consents, for the carrying out by the local authority of any 1 or more of its functions in relation to reviewing consent conditions, if—

(i)

the review is carried out at the request of the consent holder; or

(ii)

the review is carried out under section 128(1)(a); or

(iii)

the review is carried out under section 128(1)(c); or

(iv)

the review is carried out under section 128(2):

(d)

charges payable by requiring authorities and heritage protection authorities, for the carrying out by the local authority of any 1 or more of its functions in relation to designations and heritage orders:

(e)

charges for providing information in respect of plans and resource consents, payable by the person requesting the information:

(f)

charges for supply of documents, payable by the person requesting the document:

(g)

any kind of charge authorised for the purposes of this section by regulations.

Charges fixed under this subsection shall be either specific amounts or determined by reference to scales of charges or other formulae fixed by the local authority.

(2)

Charges may be fixed under subsection (1) only—

(a)

in the manner set out in section 150 of the Local Government Act 2002; and

(b)

after using the special consultative procedure set out in section 83 of the Local Government Act 2002; and

(c)

in accordance with subsection (4).

(3)

Where a charge fixed in accordance with subsection (1) is, in any particular case, inadequate to enable a local authority to recover its actual and reasonable costs in respect of the matter concerned, the local authority may require the person who is liable to pay the charge, to also pay an additional charge to the local authority.

(3A)

A local authority must, upon request by any person liable to pay a charge under this section, provide an estimate of any additional charge likely to be imposed under subsection (3).

(4)

When fixing charges referred to in this section, a local authority shall have regard to the following criteria:

(a)

the sole purpose of a charge is to recover the reasonable costs incurred by the local authority in respect of the activity to which the charge relates:

(b)

a particular person or persons should only be required to pay a charge—

(i)

to the extent that the benefit of the local authority’s actions to which the charge relates is obtained by those persons as distinct from the community of the local authority as a whole; or

(ii)

where the need for the local authority’s actions to which the charge relates is occasioned by the actions of those persons; or

(iii)

in a case where the charge is in respect of the local authority’s monitoring functions under section 35(2)(a) (which relates to monitoring the state of the whole or part of the environment), to the extent that the monitoring relates to the likely effects on the environment of those persons’ activities, or to the extent that the likely benefit to those persons of the monitoring exceeds the likely benefit of the monitoring to the community of the local authority as a whole,—

and the local authority may fix different charges for different costs it incurs in the performance of its various functions, powers, and duties under this Act—

(c)

in relation to different areas or different classes of applicant, consent holder, requiring authority, or heritage protection authority; or

(d)

where any activity undertaken by the persons liable to pay any charge reduces the cost to the local authority of carrying out any of its functions, powers, and duties.

(5)

A local authority may, in any particular case and in its absolute discretion, remit the whole or any part of any charge of a kind referred to in this section which would otherwise be payable.

(6)

Sections 357B to 358 (which deal with rights of objection and appeal against certain decisions) shall apply in respect of the requirement by a local authority to pay an additional charge under subsection (3).

(7)

Where a charge of a kind referred to in subsection (1) is payable to a local authority, the local authority need not perform the action to which the charge relates until the charge has been paid to it in full.

(8)

However, subsection (7) does not apply to a charge to which subsection (1)(ab)(ii), (ad)(ii), or (cb)(iv) applies (relating to independent hearings commissioners requested by submitters or reviews required by a court order).

Section 36(1)(aa): inserted, on 1 October 2009, by section 31(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 36(1)(ab): inserted, on 1 October 2009, by section 31(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 36(1)(ac): inserted, on 1 October 2009, by section 31(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 36(1)(ad): inserted, on 1 October 2009, by section 31(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 36(1)(b): amended, on 1 October 2009, by section 31(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 36(1)(b): amended, on 10 August 2005, by section 17(1) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 36(1)(c): amended, on 10 August 2005, by section 17(2) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 36(1)(ca): inserted, on 1 January 2005, by section 8 of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).

Section 36(1)(cb): inserted, on 10 August 2005, by section 17(3) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 36(1)(cb): amended, on 1 October 2009, by section 31(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 36(1)(cb)(iii): amended, on 1 October 2009, by section 31(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 36(1)(cb)(iv): inserted, on 1 October 2009, by section 31(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 36(1)(d): amended, on 1 October 2009, by section 31(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 36(2): replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 36(3A): inserted, on 1 August 2003, by section 16 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 36(6): amended, on 10 August 2005, by section 17(4) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 36(8): inserted, on 1 October 2009, by section 31(6) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

36AA Local authority policy on discounting administrative charges

(1)

A local authority must provide a discount on an administrative charge imposed under section 36 as follows:

(a)

a local authority that has not adopted a policy under subsection (3) must provide a discount if regulations under section 360(1)(hj) require the local authority to provide a discount:

(b)

a local authority that has adopted a policy under subsection (3) must provide a discount under whichever of the policy and regulations under section 360(1)(hj) is more generous in the circumstances of the particular case.

(2)

The Minister must recommend to the Governor-General within 9 months of the commencement of section 32 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 that regulations be made under section 360(1)(hj) and the Minister must, before making the recommendation, consult with local authorities about the proposed regulations.

(2A)

The Minister must ensure that regulations made under section 360(1)(hj) remain in force, but this subsection does not prevent regulations made under section 360(1)(hj) (including the regulations made in compliance with subsection (2)) from being amended or from being revoked and replaced by another set of regulations made under section 360(1)(hj).

(3)

A local authority may adopt, in accordance with the special consultative procedure set out in section 83 of the Local Government Act 2002, a policy in respect of discounting administrative charges imposed under section 36 of this Act in the circumstances where—

(a)

an application for a resource consent or an application to change or cancel conditions under section 127 is not processed within the time frames set out in this Act; and

(b)

the responsibility for the failure rests with the local authority.

(4)

The policy must specify—

(a)

the discount, or the method for determining the discount, that would be given for any application fees or charges paid or owing; and

(b)

the procedure an applicant must follow to obtain the discount.

(5)

[Repealed]

Section 36AA: inserted, on 1 October 2009, by section 32 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 36AA(1): replaced, on 1 October 2011, by section 12(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 36AA(2A): inserted, on 1 October 2011, by section 12(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 36AA(5): repealed, on 1 October 2011, by section 12(3) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Duties of local authorities and applicants

Heading: inserted, on 10 August 2005, by section 18 of the Resource Management Amendment Act 2005 (2005 No 87).

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

(1)

The following apply to an applicant for a resource consent and the local authority:

(a)

neither has a duty under this Act to consult any person about the application; and

(b)

each must comply with a duty under any other enactment to consult any person about the application; and

(c)

each may consult any person about the application.

(2)

This section applies to a notice of requirement issued under any of sections 168, 168A, 189, and 189A by a requiring authority or a heritage protection authority, as if—

(a)

the notice were an application for a resource consent; and

(b)

the authority were an applicant.

Section 36A: inserted, on 10 August 2005, by section 18 of the Resource Management Amendment Act 2005 (2005 No 87).

Powers and duties of local authorities and other public authorities

Heading: inserted, on 10 August 2005, by section 18 of the Resource Management Amendment Act 2005 (2005 No 87).

36B Power to make joint management agreement

(1)

A local authority that wants to make a joint management agreement must—

(a)

notify the Minister that it wants to do so; and

(b)

satisfy itself—

(i)

that each public authority, iwi authority, and group that represents hapu for the purposes of this Act that, in each case, is a party to the joint management agreement—

(A)

represents the relevant community of interest; and

(B)

has the technical or special capability or expertise to perform or exercise the function, power, or duty jointly with the local authority; and

(ii)

that a joint management agreement is an efficient method of performing or exercising the function, power, or duty; and

(c)

include in the joint management agreement details of—

(i)

the resources that will be required for the administration of the agreement; and

(ii)

how the administrative costs of the joint management agreement will be met.

(2)

A local authority that complies with subsection (1) may make a joint management agreement.

Section 36B: inserted, on 10 August 2005, by section 18 of the Resource Management Amendment Act 2005 (2005 No 87).

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

(1)

This section applies when a joint management agreement requires the parties to it to perform or exercise a specified function, power, or duty together.

(2)

The local authority may perform or exercise the function, power, or duty by itself if a decision is required before the parties to the joint management agreement can perform or exercise the function, power, or duty and the joint management agreement does not provide a method for making a decision of that kind.

Section 36C: inserted, on 10 August 2005, by section 18 of the Resource Management Amendment Act 2005 (2005 No 87).

36D Effect of joint management agreement

A decision made under a joint management agreement has legal effect as a decision of the local authority.

Section 36D: inserted, on 10 August 2005, by section 18 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 36D: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

36E Termination of joint management agreement

Any party to a joint management agreement may terminate that agreement by giving the other parties 20 working days’ notice.

Section 36E: inserted, on 10 August 2005, by section 18 of the Resource Management Amendment Act 2005 (2005 No 87).

Waivers and extension of time limits

37 Power of waiver and extension of time limits

(1)

A consent authority or local authority may, in any particular case,—

(a)

extend a time period specified in this Act or in regulations, whether or not the time period has expired; or

(b)

waive a failure to comply with a requirement under this Act, regulations, or a plan for the time or method of service of documents.

(1A)

However, a consent authority must not, under subsection (1), waive or extend a time period for the purpose of providing more time for a pre-request aquaculture agreement to be negotiated under section 186ZM of the Fisheries Act 1996.

(2)

If a person is required to provide information under this Act, regulations, or a plan and the information is inaccurate or omitted, or a procedural requirement is omitted, the consent authority or local authority may—

(a)

waive compliance with the requirement; or

(b)

direct that the omission or inaccuracy be rectified on such terms as the consent authority or local authority thinks fit.

Section 37: replaced, on 1 August 2003, by section 17 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 37(1A): inserted, on 1 October 2011, by section 13 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

37A Requirements for waivers and extensions

(1)

A consent authority or local authority must not extend a time limit or waive compliance with a time limit, a method of service, or the service of a document in accordance with section 37 unless it has taken into account—

(a)

the interests of any person who, in its opinion, may be directly affected by the extension or waiver; and

(b)

the interests of the community in achieving adequate assessment of the effects of a proposal, policy statement, or plan; and

(c)

its duty under section 21 to avoid unreasonable delay.

(2)

A time period may be extended under section 37 for—

(a)

a time not exceeding twice the maximum time period specified in this Act; or

(b)

a time exceeding twice the maximum time period specified in this Act if the applicant or requiring authority requests or agrees.

(3)

Instead of subsections (1) and (2), subsections (4) and (5) apply to an extension of a time limit imposed on a consent authority in respect of—

(a)

an application for a resource consent; or

(b)

an application to change or cancel a condition of a resource consent; or

(c)

a review of a resource consent.

(4)

A consent authority may extend a time period under section 37 only if—

(a)

the time period as extended does not exceed twice the maximum time period specified in this Act; and

(b)

either—

(i)

special circumstances apply (including special circumstances existing by reason of the scale or complexity of the matter); or

(ii)

the applicant agrees to the extension; and

(c)

the authority has taken into account the matters specified in subsection (1).

(5)

A consent authority may extend a time period under section 37 so that the extended period exceeds twice the maximum time period specified in the Act only if—

(a)

the applicant agrees to the extension; and

(b)

the authority has taken into account the matters specified in subsection (1).

(6)

A consent authority or a local authority must ensure that every person who, in its opinion, is directly affected by the extension of a time limit or the waiver of compliance with a time limit, a method of service, or the service of a document is notified of the extension or waiver.

Section 37A: inserted, on 1 August 2003, by section 17 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 37A(3): replaced, on 1 October 2009, by section 33 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 37A(4): inserted, on 1 October 2009, by section 33 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 37A(5): inserted, on 1 October 2009, by section 33 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 37A(6): inserted, on 1 October 2009, by section 33 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

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

The following bodies have the powers of a consent authority under sections 37 and 37A for the following matters:

(a)

the Minister, while carrying out any of his or her functions under Part 6AA:

(b)

a board of inquiry appointed under section 149J, while carrying out its functions under Part 6AA, except in respect of the time periods and requirements under section 149R:

(ba)

the EPA, while carrying out its functions under Part 6AA, except in respect of the time periods and requirements under section 146(1):

(c)

a special tribunal appointed under section 202, for all matters while carrying out its functions.

(d)
[Repealed]

Section 37B: inserted, on 1 August 2003, by section 17 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 37B(a): replaced, on 1 October 2009, by section 34 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 37B(b): replaced, on 1 October 2009, by section 34 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 37B(ba): inserted, on 1 October 2009, by section 34 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 37B(d): repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Enforcement officers

38 Authorisation and responsibilities of enforcement officers

(1)

A local authority may authorise—

(a)

any of its officers; or

(b)

any of the officers of any other local authority, or of the new Ministry, or the Department of Conservation, or Maritime New Zealand, subject to such terms and conditions as to payment of salary and expenses and as to appointment of his or her duties as may be agreed upon between the relevant authorities—

to carry out all or any of the functions and powers as an enforcement officer under this Act.

(2)

A local authority may authorise any person who is—

(a)

the holder of a licence as a property guard issued under section 34 of the Private Security Personnel and Private Investigators Act 2010; or

(b)

employed by a person authorised under paragraph (a) and who is—

(i)

the holder of a certificate of approval issued under section 40 of that Act; or

(ii)

a person in respect of whom permission granted under section 37 of that Act is in force—

to exercise or carry out all or any of the functions and powers of an enforcement officer under sections 327 and 328 (which relate to excessive noise).

(3)

The Minister of Conservation may authorise any officers of the Department of Conservation or of a local authority to exercise and carry out the functions and powers of an enforcement officer under this Act in relation to 1 or more of the following:

(a)

compliance with a resource consent issued by that Minister under section 31A:

(b)
[Repealed]

(c)
[Repealed]

(4)

Any authorisation under subsection (3) to an officer of a local authority is subject to such terms and conditions as to payment of salary and expenses and as to appointment of his or her duties as may be agreed between the Minister and the local authority.

(5)

The local authority or Minister shall supply every enforcement officer with a warrant, and that warrant shall clearly state the functions and powers that the person concerned has been authorised to exercise and carry out under this Act.

(6)

Every enforcement officer who exercises or purports to exercise any power conferred on him or her by this Act shall have with him or her, and shall produce if required to do so, his or her warrant and evidence of his or her identity.

(7)

Every enforcement officer who holds a warrant issued under this section shall, on the termination of his or her appointment as such, surrender the warrant to the local authority or Minister, as the case may be.

Section 38(1)(b): amended, on 1 July 2005, by section 11(3) of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 38(1)(b): amended, on 1 March 1998, pursuant to section 5(1)(c) of the Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).

Section 38(1)(b): amended, on 17 December 1997, by section 9(1) of the Resource Management Amendment Act 1997 (1997 No 104).

Section 38(2): amended, on 7 July 1993, by section 26 of the Resource Management Amendment Act 1993 (1993 No 65).

Section 38(2)(a): replaced, on 1 April 2011, by section 121(1) of the Private Security Personnel and Private Investigators Act 2010 (2010 No 115).

Section 38(2)(b): replaced, on 17 December 1997, by section 9(2) of the Resource Management Amendment Act 1997 (1997 No 104).

Section 38(3): amended, on 17 January 2005, by section 12(1) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).

Section 38(3)(a): replaced, on 1 October 2009, by section 35(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 38(3)(b): repealed, on 1 October 2009, by section 35(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 38(3)(c): repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Powers and duties in relation to hearings

39 Hearings to be public and without unnecessary formality

(1)

Where a local authority, a consent authority, or a person given authority to conduct hearings under any of sections 33, 34, 34A, 117, 149J, 202, or 357C, holds a hearing in relation to—

(a)

a proposed policy statement, a plan, a change, or a variation; or

(b)

an application for a resource consent; or

(c)

a review of a resource consent; or

(d)

an application to change or cancel a condition of a resource consent; or

(e)

a matter for which a direction has been made under section 142(2) or 147(1)(a); or

(f)

a requirement for a designation or heritage order; or

(fa)

a requirement to alter a designation or heritage order; or

(g)

an application for a water conservation order,—

the authority shall hold the hearing in public (unless permitted to do otherwise by section 42 (which relates to the protection of sensitive information) or the Local Government Official Information and Meetings Act 1987), and shall establish a procedure that is appropriate and fair in the circumstances.

(2)

In determining an appropriate procedure for the purposes of subsection (1), the authority shall—

(a)

avoid unnecessary formality; and

(b)

recognise tikanga Maori where appropriate, and receive evidence written or spoken in Maori and Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 shall apply accordingly; and

(c)

not permit any person other than the chairperson or other member of the hearing body to question any party or witness; and

(d)

not permit cross-examination.

(3)

Despite subsection (2), nothing in paragraph (c) or (d) of that subsection applies to a board of inquiry appointed under section 149J.

Section 39(1): amended, on 1 October 2009, by section 36(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 39(1): amended, on 10 August 2005, by section 20(1) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 39(1): amended, on 10 August 2005, by section 20(2) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 39(1): amended, on 7 July 1993, by section 27(1) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 39(1)(a): amended, on 1 October 2009, by section 36(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 39(1)(c): amended, on 1 October 2009, by section 36(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 39(1)(d): amended, on 1 October 2009, by section 36(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 39(1)(e): replaced, on 1 October 2009, by section 36(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 39(1)(fa): inserted, on 1 October 2009, by section 36(6) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 39(2)(b): amended, on 30 April 2016, by section 50 of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 (2016 No 17).

Section 39(3): inserted, on 4 September 2013, by section 9 of the Resource Management Amendment Act 2013 (2013 No 63).

39A Accreditation

The Minister must—

(a)

approve a qualification or qualifications establishing a person’s accreditation; and

(b)

notify each qualification in the Gazette.

Section 39A: inserted, on 10 August 2005, by section 21 of the Resource Management Amendment Act 2005 (2005 No 87).

39B Persons who may be given hearing authority

(1)

This section applies when a local authority wants to apply any of sections 33, 34, and section 34A to give authority to 1 person or a group of persons to conduct a hearing on—

(a)

an application for a resource consent; or

(b)

a notice of requirement given under section 168 or section 189; or

(c)

a request under clause 21(1) of Schedule 1 for a change to be made to a plan; or

(d)

a review of a resource consent; or

(e)

an application to change or cancel a condition of a resource consent; or

(f)

a proposed policy statement or plan that is notified under clause 5 of Schedule 1; or

(g)

any matter under section 357C.

(2)

If the local authority wants to give authority to 1 person, it may do so only if the person is accredited.

(3)

If the local authority wants to give authority to a group of persons that has a chairperson, it may do so only if—

(a)

all persons in the group, including the chairperson, are accredited; or

(b)

the chairperson is accredited and there are exceptional circumstances that do not provide the time or opportunity to ensure that all persons in the group are accredited.

(4)

If the local authority wants to give authority to a group of persons that does not have a chairperson, it may do so only if—

(a)

all the persons in the group are accredited; or

(b)

over half of all the persons in the group are accredited and there are exceptional circumstances that do not provide the time or opportunity to ensure that all persons in the group are accredited.

Section 39B: inserted, on 9 August 2006, by section 22(1) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 39B(1)(a): amended, on 12 September 2014, by section 14(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 39B(1)(c): amended, on 12 September 2014, by section 14(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 39B(1)(d): inserted, on 12 September 2014, by section 14(3) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 39B(1)(e): inserted, on 12 September 2014, by section 14(3) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 39B(1)(f): inserted, on 12 September 2014, by section 14(3) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 39B(1)(g): inserted, on 12 September 2014, by section 14(3) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 39B(3): replaced, on 12 September 2014, by section 14(4) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 39B(4): replaced, on 12 September 2014, by section 14(4) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

39C Effect of lack of accreditation

(1)

This section applies when a local authority purports to give authority under section 39B to a person or group of persons, but does not in fact give it because the person, chairperson of the group, or members of the group are not accredited as required by the section.

(2)

No decision made by the person or group of persons is invalid solely because the person, chairperson of the group, or members of the group were not accredited as required by section 39B.

Section 39C: inserted, on 10 August 2005, by section 23 of the Resource Management Amendment Act 2005 (2005 No 87).

40 Persons who may be heard at hearings

(1)

At any hearing described in section 39, the applicant, and every person who has made a submission and stated that they wished to be heard at the hearing, may speak (either personally or through a representative) and call evidence.

(2)

Notwithstanding subsection (1), the authority may, if it considers that there is likely to be excessive repetition, limit the circumstances in which parties having the same interest in a matter may speak or call evidence in support.

(3)

If—

(a)

the applicant; or

(b)

any person who made a submission and stated they wished to be heard at any such hearing—

fails to appear at the hearing, the authority may nevertheless proceed with the hearing, if it considers it fair and reasonable to do so.

Section 40 heading: amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 40(3): inserted, on 7 July 1993, by section 28 of the Resource Management Amendment Act 1993 (1993 No 65).

Section 40(3): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

41 Provisions relating to hearings

(1)

The following provisions of the Commissions of Inquiry Act 1908 apply to every hearing conducted by a local authority, a consent authority, or a person given authority to conduct hearings under sections 33, 34, 34A, 117, 149J, or 202:

(a)

section 4, which gives powers to maintain order:

(b)

section 4B, which relates to evidence:

(c)

section 4D, which gives power to summon witnesses:

(d)

section 5, which relates to the service of a summons:

(e)

section 6, which relates to the protection of witnesses:

(f)

section 7, which relates to allowances for witnesses.

(2)

Every summons to a witness to appear at a hearing shall be in the prescribed form and be signed by the chairperson of the hearing.

(3)

All allowances for a witness shall be paid by the party on whose behalf the witness is called.

(4)

At every hearing conducted in relation to a matter described in section 39(1), the authority may request and receive, from any person who makes a report under section 42A or who is heard by the authority or who is represented at the hearing, any information or advice that is relevant and reasonably necessary to determine the application.

Section 41(1): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 41(1): amended, on 10 August 2005, by section 24 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 41(4): inserted, on 7 July 1993, by section 29 of the Resource Management Amendment Act 1993 (1993 No 65).

41A Control of hearings

An authority conducting a hearing on a matter described in section 39(1) may exercise a power under section 41B or section 41C, after considering whether the scale and significance of the hearing makes the exercise of the power appropriate.

Section 41A: inserted, on 10 August 2005, by section 25(1) of the Resource Management Amendment Act 2005 (2005 No 87).

41B Directions to provide evidence within time limits

(1)

The authority may direct the applicant to provide briefs of evidence to the authority before the hearing.

(2)

The applicant must provide the briefs of evidence at least 10 working days before the hearing.

(3)

The authority may direct a person who has made a submission and who is intending to call expert evidence to provide briefs of the evidence to the authority before the hearing.

(4)

The person must provide the briefs of evidence at least 5 working days before the hearing.

(5)

[Repealed]

(6)

[Repealed]

(7)

[Repealed]

Section 41B: inserted, on 10 August 2005, by section 25(1) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 41B(5): repealed, on 3 March 2015, by section 88 of the Resource Management Amendment Act 2013 (2013 No 63).

Section 41B(6): repealed, on 3 March 2015, by section 88 of the Resource Management Amendment Act 2013 (2013 No 63).

Section 41B(7): repealed, on 3 March 2015, by section 88 of the Resource Management Amendment Act 2013 (2013 No 63).

41C Directions and requests before or at hearings

(1)

Before or at the hearing, the authority may—

(a)

direct the order of business at the hearing, including the order in which evidence and submissions are presented; or

(b)

direct that evidence and submissions be—

(i)

recorded; or

(ii)

taken as read; or

(iii)

limited to matters in dispute; or

(c)

direct the applicant, when presenting evidence or a submission, to present it within a time limit; or

(d)

direct a person who has made a submission, when presenting evidence or a submission, to present it within a time limit.

(2)

Before or at the hearing, the authority may request a person who has made a submission to provide further information.

(3)

At the hearing, the authority may request the applicant to provide further information.

(4)

At the hearing, the authority may commission a consultant or any other person employed for the purpose to prepare a report on any matter on which the authority requires further information, if all the following apply:

(a)

the activity that is the subject of the hearing may, in the authority’s opinion, have a significant adverse environmental effect; and

(b)

the applicant is notified before the authority commissions the report; and

(c)

the applicant does not refuse to agree to the commissioning of the report.

(5)

The authority must provide a copy of any further information requested under subsection (2), and received before the hearing, to the applicant and every person who made a submission.

(5A)

Subsection (5B) applies to—

(a)

any further information that—

(i)

is requested under subsection (2) or (3); and

(ii)

is received in writing or electronically after the start of the hearing; but

(iii)

is not given as evidence at the hearing; and

(b)

any report that is commissioned under subsection (4).

(5B)

The authority must—

(a)

provide a copy of the further information or report to the applicant and every person who made a submission and stated a wish to be heard; and

(b)

make the further information or report available at its office to any person who made a submission and did not state a wish to be heard.

(5C)

However, the authority does not need to provide further information to the applicant or submitter who provided the information.

(6)

At the hearing, the authority may direct a person presenting a submission not to present—

(a)

the whole submission, if all of it is irrelevant or not in dispute; or

(b)

any part of it that is irrelevant or not in dispute.

(7)

Before or at the hearing, the authority may direct that the whole, or a part, of a submission be struck out if the authority considers—

(a)

that the whole submission, or the part, is frivolous or vexatious; or

(b)

that the whole submission, or the part, discloses no reasonable or relevant case; or

(c)

that it would otherwise be an abuse of the hearing process to allow the whole submission, or the part, to be taken further.

(8)

If the authority gives a direction under subsection (7), it must record its reasons for the direction.

(9)

A person whose submission, or part of whose submission, is struck out has a right of objection under section 357.

Section 41C: inserted, on 10 August 2005, by section 25(1) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 41C(5): replaced, on 1 October 2009, by section 38 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 41C(5A): inserted, on 1 October 2009, by section 38 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 41C(5B): inserted, on 1 October 2009, by section 38 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 41C(5C): inserted, on 1 October 2009, by section 38 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 41C(7): inserted, on 9 August 2007, by section 25(2) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 41C(8): inserted, on 9 August 2007, by section 25(2) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 41C(9): inserted, on 9 August 2007, by section 25(2) of the Resource Management Amendment Act 2005 (2005 No 87).

42 Protection of sensitive information

(1)

A local authority may, on its own motion or on the application of any party to any proceedings or class of proceedings, make an order described in subsection (2) where it is satisfied that the order is necessary—

(a)

to avoid serious offence to tikanga Maori or to avoid the disclosure of the location of waahi tapu; or

(b)

to avoid the disclosure of a trade secret or unreasonable prejudice to the commercial position of the person who supplied, or is the subject of, the information,—

and, in the circumstances of the particular case, the importance of avoiding such offence, disclosure, or prejudice outweighs the public interest in making that information available.

(2)

A local authority may make an order for the purpose of subsection (1)—

(a)

that the whole or part of any hearing or class of hearing at which the information is likely to be referred to, shall be held with the public excluded (which order shall, for the purposes of subsections (3) to (5) of section 48 of the Local Government Official Information and Meetings Act 1987, be deemed to be a resolution passed under that section):

(b)

prohibiting or restricting the publication or communication of any information supplied to it, or obtained by it, in the course of any proceedings, whether or not the information may be material to any proposal, application, or requirement.

(3)

An order made under subsection (2)(b) in relation to—

(a)

any matter described in subsection (1)(a) may be expressed to have effect from the commencement of any proceedings to which it relates and for an indefinite period or until such date as the local authority considers appropriate in the circumstances:

(b)

any matter described in subsection (1)(b) may be expressed to have effect from the commencement of any proceedings to which it relates but shall cease to have any effect at the conclusion of those proceedings—

and upon the date that such order ceases to have effect, the provisions of the Local Government Official Information and Meetings Act 1987 shall apply accordingly in respect of any information that was the subject of any such order.

(4)

Any party to any proceedings or class of proceedings before a local authority may apply to the Environment Court for an order under section 279(3)(a) cancelling or varying any order made by the local authority under this section.

(5)

Where, on the application of any party to any proceedings or class of proceedings, a local authority has declined to make an order described in subsection (2), that party may apply to the Environment Court for an order under section 279(3)(b).

(6)

In this section—

(a)

information includes any document or evidence:

(b)

local authority includes—

(i)

a board of inquiry appointed under section 47 or 149J:

(ia)

a local board:

(ii)

a community board:

(iii)

a public body:

(iv)

a special tribunal:

(v)

a person given authority to conduct hearings under any of sections 33, 34, 34A, 117, and 202.

Section 42(4): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

Section 42(5): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

Section 42(6)(b): replaced, on 1 October 2009, by section 39 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 42(6)(b)(ia): inserted, on 8 August 2014, by section 78 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Reports

Heading: inserted, on 7 July 1993, by section 30 of the Resource Management Amendment Act 1993 (1993 No 65).

42A Reports to local authority

(1)

At any reasonable time before a hearing or, if no hearing is to be held, before the decision is made, a local authority (as local authority is defined in section 42(6)(b)) may require preparation of a report on information provided on any matter described in section 39(1) by the applicant or any person who made a submission.

(1AA)

The local authority may—

(a)

require an officer of the local authority to prepare the report; or

(b)

commission a consultant or any other person employed for the purpose to prepare the report.

(1A)

The report does not need to repeat information included in the applicant’s application under section 88(2).

(1B)

Instead, the report may—

(a)

adopt all of the information; or

(b)

adopt any part of the information by referring to the part adopted.

(2)

Any report prepared under subsection (1) may be considered at any hearing conducted by the local authority.

(3)

If the report is in writing, the local authority must provide a copy of it to the applicant, and to every person who made a submission and stated a wish to be heard at the hearing, so that they receive the copy—

(a)

at least 15 working days before the hearing, if the authority gives a direction under section 41B; or

(b)

at least 5 working days before the hearing, if the authority does not give a direction under section 41B.

(4)

If the report is in writing, the authority must—

(a)

make the report available at its office to any person who made a submission and did not state a wish to be heard; and

(b)

give written or electronic notice to those submitters that the report is available at the authority’s office.

(5)

The local authority may waive compliance with—

(a)

subsection (3) if it is satisfied that there is no material prejudice, or is not aware of any material prejudice, to any person who should have been provided with a copy of the report under that subsection; or

(b)

subsection (4)(b) if it is satisfied that there is no material prejudice, or is not aware of any material prejudice, to any person who should have been given notice of the report under that paragraph.

Section 42A: inserted, on 7 July 1993, by section 30 of the Resource Management Amendment Act 1993 (1993 No 65).

Section 42A(1): replaced, on 4 September 2013, by section 10 of the Resource Management Amendment Act 2013 (2013 No 63).

Section 42A(1AA): inserted, on 4 September 2013, by section 10 of the Resource Management Amendment Act 2013 (2013 No 63).

Section 42A(1A): replaced, on 3 March 2015, by section 89 of the Resource Management Amendment Act 2013 (2013 No 63).

Section 42A(1B): replaced, on 3 March 2015, by section 89 of the Resource Management Amendment Act 2013 (2013 No 63).

Section 42A(3): replaced, on 1 October 2009, by section 40(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 42A(4): replaced, on 1 October 2009, by section 40(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 42A(5): inserted, on 1 October 2009, by section 40(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Part 4A Environmental Protection Authority

Part 4A: inserted, on 1 October 2009, by section 41 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

42B Establishment of Environmental Protection Authority
[Repealed]

Section 42B: repealed, on 1 July 2011, by section 7 of the Resource Management Act 2011 (2011 No 19).

42C Functions of EPA

The functions of the Environmental Protection Authority are—

(aa)

to make recommendations to the Minister under section 144A in relation to a matter to which section 142(1) applies:

(a)

to receive matters lodged under section 145:

(b)

to make recommendations to the Minister under section 146 or 149ZB in respect of a matter referred to in paragraph (a):

(ba)

to receive matters under section 149B(2):

(c)

to make decisions under section 139 on applications for certificates of compliance for proposals or activities that are related to proposals of national significance:

(d)

to provide secretarial and support services to—

(i)

a board of inquiry appointed under section 149J:

(ii)

a special tribunal appointed under section 202:

(da)

to provide technical advice to the Minister on the development of a national environmental standard:

(e)

to exercise any powers or perform any functions or duties delegated to it by the Minister under section 29(4):

(f)

to exercise any other functions specified in this Act.

Section 42C: inserted, on 1 October 2009, by section 41 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 42C(aa): inserted, on 1 July 2011, by section 8(1) of the Resource Management Amendment Act 2011 (2011 No 19).

Section 42C(ba): inserted, on 1 July 2011, by section 8(2) of the Resource Management Amendment Act 2011 (2011 No 19).

Section 42C(d): inserted, on 1 July 2011, by section 8(3) of the Resource Management Amendment Act 2011 (2011 No 19).

Section 42C(da): inserted, on 1 July 2011, by section 8(4) of the Resource Management Amendment Act 2011 (2011 No 19).

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

Section 42D: repealed, on 1 July 2011, by section 9 of the Resource Management Amendment Act 2011 (2011 No 19).

Part 5 Standards, policy statements, and plans

43AA Interpretation

In this Act, unless the context requires another meaning,—

change means—

(a)

a change proposed by a local authority to a policy statement or plan under clause 2 of Schedule 1; and

(b)

a change proposed by any person to a policy statement or plan by a request under clause 21 of Schedule 1

district plan

(a)

means an operative plan approved by a territorial authority under Schedule 1; and

(b)

includes all operative changes to the plan (whether arising from a review or otherwise)

operative, in relation to a policy statement or plan, or a provision of a policy statement or plan, means that the policy statement, plan, or provision—

(a)

has become operative—

(i)

in terms of clause 20 of Schedule 1; or

(ii)

under section 86F; and

(b)

has not ceased to be operative

plan means a regional plan or a district plan

policy statement means a regional policy statement

proposed policy statement means a proposed policy statement that has been notified under clause 5 of Schedule 1 but has not become operative in terms of clause 20 of Schedule 1

regional coastal plan

(a)

means an operative plan approved by the Minister of Conservation under Schedule 1; and

(b)

includes all operative changes to the plan (whether arising from a review or otherwise)

regional plan

(a)

means an operative plan approved by a regional council under Schedule 1 (including all operative changes to the plan (whether arising from a review or otherwise)); and

(b)

includes a regional coastal plan

regional policy statement

(a)

means an operative regional policy statement approved by a regional council under Schedule 1; and

(b)

includes all operative changes to the policy statement (whether arising from a review or otherwise)

rule means a district rule or a regional rule

variation means an alteration by a local authority under clause 16A of Schedule 1 to—

(a)

a proposed policy statement or plan; or

(b)

a change.

Section 43AA: inserted, on 1 October 2009, by section 42 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

43AAB Meaning of district rule and regional rule

(1)

In this Act, unless the context otherwise requires, district rule means a rule made as part of a district plan or proposed district plan in accordance with section 76.

(2)

Subsection (1) is subject to section 86B and clause 10(5) of Schedule 1.

(3)

In this Act, unless the context otherwise requires, regional rule means a rule made as part of a regional plan or proposed regional plan in accordance with section 68.

(4)

Subsection (3) is subject to section 86B and clause 10(5) of Schedule 1.

Section 43AAB: inserted, on 1 October 2009, by section 42 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

43AAC Meaning of proposed plan

(1)

In this Act, unless the context otherwise requires, proposed plan

(a)

means a proposed plan, a variation to a proposed plan or change, or a change to a plan proposed by a local authority that has been notified under clause 5 of Schedule 1 but has not become operative in terms of clause 20 of Schedule 1; and

(b)

includes a proposed plan or a change to a plan proposed by a person under Part 2 of Schedule 1 that has been adopted by the local authority under clause 25(2)(a) of Schedule 1.

(2)

Subsection (1) is subject to section 86B and clause 10(5) of Schedule 1.

Section 43AAC: inserted, on 1 October 2009, by section 42 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

National environmental standards

43 Regulations prescribing national environmental standards

(1)

The Governor-General may, by Order in Council, make regulations, to be known as national environmental standards, that prescribe any or all of the following technical standards, methods, or requirements:

(a)

standards for the matters referred to in section 9, section 11, section 12, section 13, section 14, or section 15, including, but not limited to—

(i)

contaminants:

(ii)

water quality, level, or flow:

(iii)

air quality:

(iv)

soil quality in relation to the discharge of contaminants:

(b)

standards for noise:

(c)

standards, methods, or requirements for monitoring.

(2)

The regulations may include:

(a)

qualitative or quantitative standards:

(b)

standards for any discharge or the ambient environment:

(c)

methods for classifying a natural or physical resource:

(d)

methods, processes, or technology to implement standards:

(e)

exemptions from standards:

(f)

transitional provisions for standards, methods, or requirements.

(3)

Section 360(2) applies to all regulations made under this section.

Section 43: replaced, on 20 May 2003, by section 18 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 43(1)(a): amended, on 10 August 2005, by section 27 of the Resource Management Amendment Act 2005 (2005 No 87).

43A Contents of national environmental standards

(1)

National environmental standards may—

(a)

prohibit an activity:

(b)

allow an activity:

(c)

restrict the making of a rule or the granting of a resource consent to matters specified in a national environmental standard:

(d)

require a person to obtain a certificate from a specified person stating that an activity complies with a term or condition imposed by a national environmental standard:

(e)

specify, in relation to a rule made before the commencement of a national environmental standard,—

(i)

the extent to which any matter to which the standard applies continues to have effect; or

(ii)

the time period during which any matter to which the standard applies continues to have effect:

(f)

require local authorities to review, under section 128(1), all or any of the permits to which paragraph (ba) of that subsection applies as soon as practicable or within the time specified in a national environmental standard.

(2)

A national environmental standard that prohibits an activity—

(a)

may do one or both of the following:

(i)

state that a resource consent may be granted for the activity, but only on the terms or conditions specified in the standard; and

(ii)

require compliance with the rules in a plan or proposed plan as a term or condition; or

(b)

may state that the activity is a prohibited activity.

(3)

If an activity has significant adverse effects on the environment, a national environmental standard must not, under subsections (1)(b) and (4),—

(a)

allow the activity, unless it states that a resource consent is required for the activity; or

(b)

state that the activity is a permitted activity.

(4)

A national environmental standard that allows an activity—

(a)

may state that a resource consent is not required for the activity; or

(b)

may do one or both of the following:

(i)

state that the activity is a permitted activity, but only on the terms or conditions specified in the standard; and

(ii)

require compliance with the rules in a plan or proposed plan as a term or condition.

(5)

If a national environmental standard allows an activity and states that a resource consent is not required for the activity, or states that an activity is a permitted activity, the following provisions apply to plans and proposed plans:

(a)

a plan or proposed plan may state that the activity is a permitted activity on the terms or conditions specified in the plan; and

(b)

the terms or conditions specified in the plan may deal only with effects of the activity that are different from those dealt with in the terms or conditions specified in the standard; and

(c)

if a plan’s terms or conditions deal with effects of the activity that are the same as those dealt with in the terms or conditions specified in the standard, the terms or conditions in the standard prevail.

(6)

A national environmental standard that allows a resource consent to be granted for an activity—

(a)

may state that the activity is—

(i)

a controlled activity; or

(ii)

a restricted discretionary activity; or

(iii)

a discretionary activity; or

(iv)

a non-complying activity; and

(b)

may state the matters over which—

(i)

control is reserved; or

(ii)

discretion is restricted.

(7)

A national environmental standard may specify the activities for which the consent authority—

(a)

must give public notification of an application for a resource consent:

(b)

is precluded from giving public notification of an application for a resource consent:

(c)

is precluded from giving limited notification of an application for a resource consent.

Section 43A: inserted, on 20 May 2003, by section 18 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 43A heading: replaced, on 1 October 2009, by section 43(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 43A(1): amended, on 10 August 2005, by section 28(1) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 43A(1)(b): replaced, on 10 August 2005, by section 28(2) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 43A(1)(c): amended, on 10 August 2005, by section 28(3) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 43A(1)(d): amended, on 10 August 2005, by section 28(3) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 43A(1)(e): amended, on 10 August 2005, by section 28(4)(a) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 43A(1)(e)(i): amended, on 10 August 2005, by section 28(4)(b) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 43A(1)(e)(ii): amended, on 10 August 2005, by section 28(4)(b) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 43A(1)(f): amended, on 10 August 2005, by section 28(5) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 43A(2): replaced, on 10 August 2005, by section 28(6) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 43A(3): inserted, on 10 August 2005, by section 28(6) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 43A(4): inserted, on 10 August 2005, by section 28(6) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 43A(5): inserted, on 10 August 2005, by section 28(6) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 43A(6): inserted, on 10 August 2005, by section 28(6) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 43A(7): inserted, on 1 October 2009, by section 43(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

43B Relationship between national environmental standards and rules or consents

(1)

A rule or resource consent that is more stringent than a national environmental standard prevails over the standard, if the standard expressly says that a rule or consent may be more stringent than it.

(2)

For the purposes of subsection (1),—

(a)

a rule is more stringent than a standard if it prohibits or restricts an activity that the standard permits or authorises:

(b)

a resource consent is more stringent than a standard if it imposes conditions on an activity that the standard does not impose or authorise.

(3)

A rule or resource consent may not be more lenient than a national environmental standard.

(4)

For the purposes of subsection (3), a rule or resource consent is more lenient than a standard if it permits or authorises an activity that the standard prohibits or restricts.

(5)

A land use consent or a subdivision consent granted before the date on which a national environmental standard is notified in the Gazette prevails over the standard.

(6)

A coastal, water, or discharge permit granted before the date on which a national environmental standard is notified in the Gazette prevails over the standard until a review of the permit’s conditions under section 128(1)(ba) results in some or all of the standard prevailing over the permit.

(7)

This subsection applies to a resource consent not covered by subsection (5) or (6). The consent prevails over a national environmental standard if the application giving rise to the consent was the subject of a decision on whether to notify it before the date on which the standard is notified in the Gazette. However, the consent does not prevail if the standard expressly provides otherwise.

(8)

[Repealed]

(9)

If a national environmental standard requires a resource consent to be obtained for an activity, sections 10, 10A, 10B, and 20A(2) apply to the activity as if the standard were a rule in a plan that had become operative.

Section 43B: replaced, on 10 August 2005, by section 29 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 43B(5): replaced, on 1 October 2009, by section 44 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 43B(6): replaced, on 1 October 2009, by section 44 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 43B(7): replaced, on 1 October 2009, by section 44 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 43B(8): repealed, on 1 October 2009, by section 44 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

43C Relationship between national environmental standards and water conservation orders

(1)

A water conservation order that is more stringent than a national environmental standard applying to water prevails over the standard.

(2)

A national environmental standard applying to water that is more stringent than a water conservation order prevails over the order.

Section 43C: replaced, on 10 August 2005, by section 29 of the Resource Management Amendment Act 2005 (2005 No 87).

43D Relationship between national environmental standards and designations

(1)

A designation that exists when a national environmental standard is made prevails over the standard until the earlier of the following:

(a)

the designation lapses:

(b)

the designation is altered under section 181 by the alteration of conditions in it to which the standard is relevant.

(2)

If the conditions of a designation are altered as described in subsection (1)(b), the standard—

(a)

applies to the altered conditions; and

(b)

does not apply to the unaltered conditions.

(3)

A national environmental standard prevails over a designation that requires an outline plan if, when the standard is made,—

(a)

the designation exists; and

(b)

no outline plan for the designation has completed the process described in section 176A.

(4)

A national environmental standard that exists when a designation is made prevails over the designation.

(5)

A use is not required to comply with a national environmental standard if—

(a)

the use was lawfully established by way of a designation that has lapsed; and

(b)

the effects of the use, in character, intensity, and scale, are the same as or similar to those that existed before the designation lapsed; and

(c)

the standard is made—

(i)

after the designation was made; and

(ii)

before or after it lapses.

(6)

Work under a designation is not required to comply with a national environmental standard if the work has come under the designation through the following sequence of events:

(a)

the work is made; and

(b)

the standard is made; and

(c)

the designation is applied to the work.

(7)

In this section, conditions includes a condition about the physical boundaries of a designation.

Section 43D: replaced, on 10 August 2005, by section 29 of the Resource Management Amendment Act 2005 (2005 No 87).

43E Relationship between national environmental standards and bylaws

(1)

A bylaw that is more stringent than a national environmental standard prevails over the standard, if the standard expressly says that a bylaw may be more stringent than it.

(2)

For the purposes of subsection (1), a bylaw is more stringent than a standard if it prohibits or restricts an activity that the standard permits or authorises.

(3)

A bylaw may not be more lenient than a national environmental standard.

(4)

For the purposes of subsection (3), a bylaw is more lenient than a standard if it permits or authorises an activity that the standard prohibits or restricts.

(5)

In this section, bylaw means a bylaw made under any enactment.

Section 43E: replaced, on 10 August 2005, by section 29 of the Resource Management Amendment Act 2005 (2005 No 87).

43F Description of discharges in national environmental standards for discharges

A national environmental standard for an activity that is a discharge may describe the discharge by referring to—

(a)

particular contaminants or sources of contaminants in a discharge; or

(b)

the circumstances or sources of a discharge.

Section 43F: inserted, on 10 August 2005, by section 29 of the Resource Management Amendment Act 2005 (2005 No 87).

43G Incorporation of material by reference in national environmental standards

A national environmental standard may incorporate material by reference under Schedule 1AA.

Section 43G: inserted, on 10 August 2005, by section 29 of the Resource Management Amendment Act 2005 (2005 No 87).

44 Restriction on power to make national environmental standards

(1)

The Minister must follow the steps set out in subsection (2) before recommending the making of a national environmental standard to the Governor-General. Subsection (3) modifies this subsection.

(2)

The steps are—

(a)

to notify the public and iwi authorities of—

(i)

the proposed subject matter of the standard; and

(ii)

the Minister’s reasons for considering that the standard is consistent with the purpose of the Act; and

(b)

to establish a process that—

(i)

the Minister considers gives the public and iwi authorities adequate time and opportunity to comment on the proposed subject matter of the standard; and

(ii)

requires a report and recommendation to be made to the Minister on those comments and the proposed subject matter of the standard; and

(ba)

to prepare an evaluation report for the standard in accordance with section 32 and have particular regard to that report when deciding whether to recommend the making of the standard; and

(c)

to publicly notify the report and recommendation made in accordance with paragraph (b)(ii).

(3)

The Minister need not follow the steps if the Minister is recommending the making of an amendment—

(a)

that has no more than a minor effect; or

(b)

that corrects errors or makes similar technical alterations.

Section 44: replaced, on 1 October 2009, by section 45 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 44(2)(ba): inserted, on 3 December 2013, for all purposes, by section 72(1) of the Resource Management Amendment Act 2013 (2013 No 63).

Section 44(2)(c): amended, on 3 December 2013, for all purposes, by section 72(2) of the Resource Management Amendment Act 2013 (2013 No 63).

44A Local authority recognition of national environmental standards

(1)

Subsections (3) to (5) apply if a local authority’s plan or proposed plan contains a rule that duplicates a provision in a national environmental standard.

(2)

Subsections (3) to (5) apply if a local authority’s plan or proposed plan contains a rule that conflicts with a provision in a national environmental standard. A rule conflicts with a provision if—

(a)

both of the following apply:

(i)

the rule is more stringent than the provision in that it prohibits or restricts an activity that the provision permits or authorises; and

(ii)

the standard does not expressly say that a rule may be more stringent than it; or

(b)

the rule is more lenient than the provision.

(3)

If the duplication or conflict is dealt with in the national environmental standard in one of the ways described in section 43A(1)(e), the local authority must amend the plan or proposed plan to remove the duplication or conflict—

(a)

without using the process in Schedule 1; and

(b)

in accordance with the specification in the national environmental standard.

(4)

If the duplication or conflict arises as described in section 43A(5)(c), the local authority must amend the plan or proposed plan to remove the duplication or conflict—

(a)

without using the process in Schedule 1; and

(b)

as soon as practicable after the date on which the standard comes into force.

(5)

In every other case of duplication or conflict, the local authority must amend the plan or proposed plan to remove the duplication or conflict—

(a)

without using the process in Schedule 1; and

(b)

as soon as practicable after the date on which the standard comes into force.

(6)

A local authority may amend a plan or proposed plan to include a reference to a national environmental standard—

(a)

without using the process in Schedule 1; and

(b)

after the date on which the standard comes into force.

(7)

Every local authority and consent authority must observe national environmental standards.

(8)

Every local authority and consent authority must enforce the observance of national environmental standards to the extent to which their powers enable them to do so.

Section 44A: inserted, on 1 October 2009, by section 45 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

National policy statements

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

(1)

The purpose of national policy statements is to state objectives and policies for matters of national significance that are relevant to achieving the purpose of this Act.

(2)

In determining whether it is desirable to prepare a national policy statement, the Minister may have regard to—

(a)

the actual or potential effects of the use, development, or protection of natural and physical resources:

(b)

New Zealand’s interests and obligations in maintaining or enhancing aspects of the national or global environment:

(c)

anything which affects or potentially affects any structure, feature, place, or area of national significance:

(d)

anything which affects or potentially affects more than 1 region:

(e)

anything concerning the actual or potential effects of the introduction or use of new technology or a process which may affect the environment:

(f)

anything which, because of its scale or the nature or degree of change to a community or to natural and physical resources, may have an impact on, or is of significance to, New Zealand:

(g)

anything which, because of its uniqueness, or the irreversibility or potential magnitude or risk of its actual or potential effects, is of significance to the environment of New Zealand:

(h)

anything which is significant in terms of section 8 (Treaty of Waitangi):

(i)

the need to identify practices (including the measures referred to in section 24(h), relating to economic instruments) to implement the purpose of this Act:

(j)

any other matter related to the purpose of a national policy statement.

Section 45(1): amended, on 20 May 2003, by section 19 of the Resource Management Amendment Act 2003 (2003 No 23).

46 Proposed national policy statement

If the Minister considers it desirable to issue a national policy statement, the Minister must—

(a)

seek and consider comments from the relevant iwi authorities and the persons and organisations that the Minister considers appropriate; and

(b)

then prepare a proposed national policy statement; and

(c)

prepare an evaluation report for the proposed national policy statement in accordance with section 32 and have particular regard to that report when deciding whether to notify the statement.

Section 46: replaced, on 20 May 2003, by section 20 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 46(a): amended, on 10 August 2005, by section 31 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 46(b): amended, on 3 December 2013, for all purposes, by section 73(1) of the Resource Management Amendment Act 2013 (2013 No 63).

Section 46(c): inserted, on 3 December 2013, for all purposes, by section 73(2) of the Resource Management Amendment Act 2013 (2013 No 63).

46A Minister chooses process

(1)

After preparing a proposed national policy statement under sections 45 and 46, the Minister must—

(a)

use the process set out in sections 47 to 52; or

(b)

establish, and then use, a process that—

(iaaa)

notifies the public and iwi authorities of the proposed national policy statement; and

(i)

gives the public adequate time and opportunity to make a submission on the statement; and

(ii)

requires a report and recommendations to be made to the Minister on the submissions and the subject matter of the statement; and

(iii)

incorporates sections 51 and 52 as if their references to a board of inquiry were references to the person who prepares the report and recommendations.

(2)

When choosing between subsection (1)(a) and subsection (1)(b), the Minister may consider the following matters:

(a)

the advantages and disadvantages of having the proposed national policy statement made quickly:

(b)

the extent to which the policy in the proposed national policy statement differs from the policies in—

(i)

national environmental standards; and

(ia)

other national policy statements; and

(ii)

regional policy statements; and

(iii)

regional or district plans:

(c)

the extent and timing of public debate and public consultation that took place on the policy before the proposed national policy statement was prepared:

(d)

any other relevant matter.

(3)

[Repealed]

(4)

A national policy statement prepared after the use of a process established under subsection (1)(b) is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Section 46A: inserted, on 10 August 2005, by section 32 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 46A(1)(b)(iaaa): inserted, on 3 December 2013, for all purposes, by section 74 of the Resource Management Amendment Act 2013 (2013 No 63).

Section 46A(2)(b)(i): replaced, on 1 October 2009, by section 46(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 46A(2)(b)(ia): inserted, on 1 October 2009, by section 46(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 46A(3): repealed, on 1 October 2009, by section 46(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 46A(4): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

46B Incorporation of material by reference in national policy statements

A national policy statement may incorporate material by reference under Schedule 1AA.

Section 46B: inserted, on 10 August 2005, by section 33 of the Resource Management Amendment Act 2005 (2005 No 87).

47 Board of inquiry

(1)

The Minister must appoint a board of inquiry to inquire into, and report on, the proposed national policy statement.

(2)

The Minister may, as the Minister sees fit,—

(a)

set terms of reference for the board of inquiry; and

(b)

set the rate of remuneration to be paid to members of the board of inquiry.

(3)

A member of the board of inquiry is not liable for anything the member does, or omits to do, in good faith in performing or exercising the functions, duties, and powers of the board.

Section 47: replaced, on 20 May 2003, by section 20 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 47(3): inserted, on 1 October 2009, by section 47 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

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

(1)

The Minister may, at any time before a board of inquiry reports to the Minister under section 51(2), do either or both of the following:

(a)

direct the board to suspend its inquiry for a specified period or until a specified event occurs (for example, until the Minister provides the board with additional material):

(b)

provide the board with additional material to consider.

(2)

The Minister must give public notice of a direction under subsection (1)(a), including the reasons for the direction.

(3)

A board of inquiry must suspend its inquiry in accordance with a direction under subsection (1)(a).

Section 47A: inserted, on 1 October 2009, by section 48 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

48 Public notification of proposed national policy statement and inquiry

(1)

As soon as practicable after its appointment, a board of inquiry shall ensure that notice of the proposed national policy statement and the inquiry is—

(a)

published in a daily newspaper in each of the cities of Auckland, Wellington, Christchurch, and Dunedin; and

(b)

served on every local authority in New Zealand and such other persons and authorities as the board of inquiry considers appropriate; and

(c)

given such other public notification as the board of inquiry considers appropriate.

(2)

Every notice for the purposes of this section shall be in the prescribed form and shall state—

(a)

a description of the proposed national policy statement; and

(ab)

places at which the proposed national policy statement may be inspected or purchased; and

(b)

that submissions on the proposed national policy statement may be made in writing by any person; and

(c)

the closing date for submissions (which shall be not earlier than 20 working days after public notification).

Section 48 heading: amended, on 20 May 2003, by section 21(1) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 48(1): amended, on 20 May 2003, by section 21(2) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 48(2)(ab): inserted, on 20 May 2003, by section 21(3) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 48(2)(b): amended, on 20 May 2003, by section 21(4) of the Resource Management Amendment Act 2003 (2003 No 23).

49 Submissions to board of inquiry

(1)

Any person may make a submission to the board of inquiry about a proposed national policy statement which is notified in accordance with section 48.

(2)

Every submission shall be in writing, shall be served on the board of inquiry, and shall state whether or not the person making the submission wishes to be heard in respect of the submission, and shall also state any other matter prescribed in regulations made under this Act.

50 Conduct of hearing

(1)

Sections 39 to 42A apply, with all necessary modifications, in respect of an inquiry by a board of inquiry into a proposed national policy statement as if every reference in those sections to—

(a)

a consent authority or local authority were a reference to a board of inquiry; and

(b)

a proposed policy statement were a reference to a proposed national policy statement.

(2)

The board of inquiry must give at least 10 working days’ notice of the dates, times, and place of the hearing of the inquiry.

(3)

The Minister has the right to be heard at the hearing, despite anything in sections 39 to 42.

(4)

To avoid doubt, subsection (3) does not limit the right of other persons to be heard under section 40.

Section 50: replaced, on 20 May 2003, by section 22 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 50(3): replaced, on 1 October 2009, by section 49 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 50(4): inserted, on 1 October 2009, by section 49 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

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

(1)

The board of inquiry must consider the following matters:

(a)

the matters in Part 2; and

(b)

the proposed national policy statement; and

(c)

any submissions received on the proposed national policy statement; and

(ca)

any additional material provided by the Minister under section 47A(1)(b); and

(d)

any evidence received; and

(e)

any other relevant matter.

(2)

After considering the matters, the board of inquiry must arrange for a report and recommendations to be made to the Minister within any terms of reference set by the Minister.

Section 51: replaced, on 20 May 2003, by section 22 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 51(1)(ca): inserted, on 1 October 2009, by section 50 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

51A Withdrawal of proposed national policy statement

(1)

The Minister may withdraw all or part of a proposed national policy statement at any time before the statement is approved under section 52(2).

(2)

The Minister must give public notice of the withdrawal, including the reasons for the withdrawal.

(3)

If a board of inquiry has not reported to the Minister under section 51(2) before public notice is given—

(a)

withdrawing all matters the board was appointed to inquire into, the board is discharged on and from the date of the notice; or

(b)

withdrawing any, but not all, of the matters the board was appointed to inquire into, the board must inquire into and report on only the matters that have not been withdrawn, despite any other section of this Act.

Section 51A: inserted, on 1 October 2009, by section 51 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

52 Consideration of recommendations and approval or withdrawal of statement

(1)

The Minister,—

(a)

first, must consider a report and any recommendations made to him or her by a board of inquiry under section 51; and

(b)

secondly, may—

(i)

make any changes, or no changes, to the proposed national policy statement as he or she thinks fit; or

(ii)

withdraw all or part of the proposed national policy statement and give public notice of the withdrawal, including the reasons for the withdrawal; and

(c)

thirdly, must undertake a further evaluation of the proposed national policy statement in accordance with section 32AA and have particular regard to that evaluation when deciding whether to recommend the statement.

(2)

The Governor-General in Council may, on the recommendation of the Minister, approve a national policy statement.

(3)

The Minister must, as soon as practicable after a national policy statement has been approved,—

(a)

issue the statement by notice in the Gazette; and

(b)

publicly notify the statement and the report in whatever form he or she thinks appropriate and send a copy to every local authority; and

(c)

provide every person who made a submission on the statement with a summary of the recommendations and a summary of the Minister’s decision on the recommendations (including reasons for not adopting any recommendations); and

(d)

present a copy of the statement to the House of Representatives.

Section 52: replaced, on 20 May 2003, by section 22 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 52 heading: amended, on 1 October 2009, by section 52(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 52(1): replaced, on 3 December 2013, for all purposes, by section 75 of the Resource Management Amendment Act 2013 (2013 No 63).

Section 52(3)(c): replaced, on 1 October 2009, by section 52(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

53 Changes to or review or revocation of national policy statements

(1)

The Minister may review, change, or revoke a national policy statement after using one of the processes referred to in section 46A(1) in relation to the preparation of a national policy statement.

(2)

The Minister may, without using a process referred to in subsection (1), amend a national policy statement if the amendment is of minor effect or corrects a minor error.

Section 53(1): amended, on 10 August 2005, by section 34 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 53(2): inserted, on 4 September 2013, by section 11 of the Resource Management Amendment Act 2013 (2013 No 63).

54 Publication of national policy statements

When a national policy statement is issued, reviewed, changed, or revoked, the Minister shall—

(a)

publish the statement, review, change, or revocation in whatever form he or she thinks appropriate; and

(b)

send a copy of it to every local authority; and

(c)

give public notice of its issue, review, change, or revocation.

55 Local authority recognition of national policy statements

(1)

In subsections (2) and (2A), document means—

(a)

a regional policy statement; or

(b)

a proposed regional policy statement; or

(c)

a proposed plan; or

(d)

a plan; or

(e)

a variation.

(2)

A local authority must amend a document, if a national policy statement directs so,—

(a)

to include specific objectives and policies set out in the statement; or

(b)

so that objectives and policies specified in the document give effect to objectives and policies specified in the statement.

(2A)

The local authority must—

(a)

make the amendments referred to in subsection (2) without using the process in Schedule 1; and

(b)

give public notice of the amendments within 5 working days after making them.

(2B)

The local authority must also make all other amendments to a document that are required to give effect to any provision in a national policy statement that affects the document.

(2C)

The local authority must make the amendments referred to in subsection (2B) using the process in Schedule 1.

(2D)

In all cases, the local authority must make the amendments—

(a)

as soon as practicable; or

(b)

within the time specified in the national policy statement (if any); or

(c)

before the occurrence of an event specified in the national policy statement (if any).

(3)

A local authority must also take any other action that is specified in the national policy statement.

(4)

A national policy statement may include transitional provisions for any matter, including its effect on existing matters or proceedings.

Section 55: replaced, on 20 May 2003, by section 23 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 55(1): replaced, on 10 August 2005, by section 35 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 55(2): replaced, on 1 October 2009, by section 53 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 55(2A): replaced, on 1 October 2009, by section 53 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 55(2B): inserted, on 1 October 2009, by section 53 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 55(2C): inserted, on 1 October 2009, by section 53 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 55(2D): inserted, on 1 October 2009, by section 53 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

New Zealand coastal policy statements

56 Purpose of New Zealand coastal policy statements

The purpose of a New Zealand coastal policy statement is to state policies in order to achieve the purpose of this Act in relation to the coastal environment of New Zealand.

57 Preparation of New Zealand coastal policy statements

(1)

There shall at all times be at least 1 New Zealand coastal policy statement prepared and recommended by the Minister of Conservation using one of the processes referred to in section 46A(1), as if references in sections 46 to 52 to the Minister were references to the Minister of Conservation and references to a national policy statement were references to a New Zealand coastal policy statement.

(2)

Sections 53, 54, and 55, with all necessary modifications, apply to a New Zealand coastal policy statement as if it were a national policy statement and as if references in those sections to the Minister were references to the Minister of Conservation.

Section 57(1): amended, on 10 August 2005, by section 36 of the Resource Management Amendment Act 2005 (2005 No 87).

58 Contents of New Zealand coastal policy statements

A New Zealand coastal policy statement may state objectives and policies about any 1 or more of the following matters:

(a)

national priorities for the preservation of the natural character of the coastal environment of New Zealand, including protection from inappropriate subdivision, use, and development:

(b)

the protection of the characteristics of the coastal environment of special value to the tangata whenua including waahi tapu, tauranga waka, mahinga maataitai, and taonga raranga:

(c)

activities involving the subdivision, use, or development of areas of the coastal environment:

(d)

the Crown’s interests in the coastal marine area:

(e)

the matters to be included in 1 or more regional coastal plans in regard to the preservation of the natural character of the coastal environment, including the activities that are required to be specified as restricted coastal activities because the activities—

(i)

have or are likely to have significant or irreversible adverse effects on the coastal marine area; or

(ii)

relate to areas in the coastal marine area that have significant conservation value:

(f)

the implementation of New Zealand’s international obligations affecting the coastal environment:

(g)

the procedures and methods to be used to review the policies and to monitor their effectiveness:

(ga)

national priorities for maintaining and enhancing public access to and along the coastal marine area:

(gb)

the protection of protected customary rights:

(h)

any other matter relating to the purpose of a New Zealand coastal policy statement.

Section 58: amended, on 10 August 2005, by section 37 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 58(d): amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 58(e): replaced, on 1 October 2009, by section 54 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 58(ga): inserted, on 25 November 2004, by section 13 of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).

Section 58(gb): inserted, on 25 November 2004, by section 13 of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).

Section 58(gb): amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

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

A New Zealand coastal policy statement may incorporate material by reference under Schedule 1AA.

Section 58A: inserted, on 10 August 2005, by section 38 of the Resource Management Amendment Act 2005 (2005 No 87).

Regional policy statements

59 Purpose of regional policy statements

The purpose of a regional policy statement is to achieve the purpose of the Act by providing an overview of the resource management issues of the region and policies and methods to achieve integrated management of the natural and physical resources of the whole region.

60 Preparation and change of regional policy statements

(1)

There shall at all times be for each region 1 regional policy statement prepared by the regional council in the manner set out in Schedule 1.

(2)

A regional policy statement may be changed in the manner set out in Schedule 1, at the instigation of a Minister of the Crown, the regional council, or any territorial authority within or partly within the region.

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

(1)

A regional council must prepare and change its regional policy statement in accordance with—

(a)

its functions under section 30; and

(b)

the provisions of Part 2; and

(c)

its obligation (if any) to prepare an evaluation report in accordance with section 32; and

(d)

its obligation to have particular regard to an evaluation report prepared in accordance with section 32; and

(e)

any regulations.

(2)

In addition to the requirements of section 62(2), when preparing or changing a regional policy statement, the regional council shall have regard to—

(a)

any—

(i)

management plans and strategies prepared under other Acts; and

(ii)
[Repealed]

(iia)

relevant entry on the New Zealand Heritage List/Rārangi Kōrero required by the Heritage New Zealand Pouhere Taonga Act 2014; and

(iii)

regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Maori customary fishing); and

(iv)
[Repealed]

to the extent that their content has a bearing on resource management issues of the region; and

(b)

the extent to which the regional policy statement needs to be consistent with the policy statements and plans of adjacent regional councils; and

(c)

the extent to which the regional policy statement needs to be consistent with regulations made under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012; and

(2A)

When a regional council is preparing or changing a regional policy statement, it must deal with the following documents, if they are lodged with the council, in the manner specified, to the extent that their content has a bearing on the resource management issues of the region:

(a)

the council must take into account any relevant planning document recognised by an iwi authority; and

(b)

in relation to a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011, the council must, in accordance with section 93 of that Act,—

(i)

recognise and provide for the matters in that document, to the extent that they relate to the relevant customary marine title area; and

(ii)

take into account the matters in that document, to the extent that they relate to a part of the common marine and coastal area outside the customary marine title area of the relevant group.

(3)

In preparing or changing any regional policy statement, a regional council must not have regard to trade competition or the effects of trade competition.

Section 61 heading: amended, on 17 December 1997, by section 11 of the Resource Management Amendment Act 1997 (1997 No 104).

Section 61(1): replaced, on 3 December 2013, for all purposes, by section 76 of the Resource Management Amendment Act 2013 (2013 No 63).

Section 61(2)(a)(ii): repealed, on 1 August 2003, by section 24(1) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 61(2)(a)(iia): inserted, on 1 July 1993, by section 118(2) of the Historic Places Act 1993 (1993 No 38).

Section 61(2)(a)(iia): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Section 61(2)(a)(iii): replaced, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

Section 61(2)(a)(iv): repealed, on 1 August 2003, by section 24(1) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 61(2)(b): amended, on 28 June 2013, by section 176(2) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72).

Section 61(2)(c): inserted, on 28 June 2013, by section 176(2) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72).

Section 61(2A): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 61(3): inserted, on 17 December 1997, by section 11 of the Resource Management Amendment Act 1997 (1997 No 104).

Section 61(3): amended, on 1 October 2009, by section 55 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

62 Contents of regional policy statements

(1)

A regional policy statement must state—

(a)

the significant resource management issues for the region; and

(b)

the resource management issues of significance to iwi authorities in the region; and

(c)

the objectives sought to be achieved by the statement; and

(d)

the policies for those issues and objectives and an explanation of those policies; and

(e)

the methods (excluding rules) used, or to be used, to implement the policies; and

(f)

the principal reasons for adopting the objectives, policies, and methods of implementation set out in the statement; and

(g)

the environmental results anticipated from implementation of those policies and methods; and

(h)

the processes to be used to deal with issues that cross local authority boundaries, and issues between territorial authorities or between regions; and

(i)

the local authority responsible in the whole or any part of the region for specifying the objectives, policies, and methods for the control of the use of land—

(i)

to avoid or mitigate natural hazards or any group of hazards; and

(ii)

to prevent or mitigate the adverse effects of the storage, use, disposal, or transportation of hazardous substances; and

(iii)

to maintain indigenous biological diversity; and

(j)

the procedures used to monitor the efficiency and effectiveness of the policies or methods contained in the statement; and

(k)

any other information required for the purpose of the regional council’s functions, powers, and duties under this Act.

(2)

If no responsibilities are specified in the regional policy statement for functions described in subsection (1)(i)(i) or (ii), the regional council retains primary responsibility for the function in subsection (1)(i)(i) and the territorial authorities of the region retain primary responsibility for the function in subsection (1)(i)(ii).

(3)

A regional policy statement must not be inconsistent with any water conservation order and must give effect to a national policy statement or New Zealand coastal policy statement.

Section 62: replaced, on 1 August 2003, by section 25 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 62(1)(b): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Regional plans

63 Purpose of regional plans

(1)

The purpose of the preparation, implementation, and administration of regional plans is to assist a regional council to carry out any of its functions in order to achieve the purpose of this Act.

(2)

Without limiting subsection (1), the purpose of the preparation, implementation, and administration of regional coastal plans is to assist a regional council, in conjunction with the Minister of Conservation, to achieve the purpose of this Act in relation to the coastal marine area of that region.

64 Preparation and change of regional coastal plans

(1)

There shall at all times be, for all the coastal marine area of a region, 1 or more regional coastal plans prepared in the manner set out in Schedule 1.

(2)

A regional coastal plan may form part of a regional plan where it is considered appropriate in order to promote the integrated management of a coastal marine area and any related part of the coastal environment.

(3)

Where a regional coastal plan forms part of a regional plan, the Minister of Conservation shall approve only that part which relates to the coastal marine area.

(4)

A regional coastal plan may be changed in the manner set out in Schedule 1.

Section 64(1): replaced, on 7 July 1993, by section 35 of the Resource Management Amendment Act 1993 (1993 No 65).

Section 64(1): amended, on 1 October 2011, by section 15 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 64(4): amended, on 1 October 2011, by section 15 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

64A Imposition of coastal occupation charges

(1)

Unless a regional coastal plan or proposed regional coastal plan already addresses coastal occupation charges, in preparing or changing a regional coastal plan or proposed regional coastal plan, a regional council must consider, after having regard to—

(a)

the extent to which public benefits from the coastal marine area are lost or gained; and

(b)

the extent to which private benefit is obtained from the occupation of the coastal marine area,—

whether or not a coastal occupation charging regime applying to persons who occupy any part of the common marine and coastal area should be included.

(2)

Where the regional council considers that a coastal occupation charging regime should not be included, a statement to that effect must be included in the regional coastal plan.

(3)

Where the regional council considers that a coastal occupation charging regime should be included, the council must, after having regard to the matters set out in paragraphs (a) and (b) of subsection (1), specify in the regional coastal plan—

(a)

the circumstances when a coastal occupation charge will be imposed; and

(b)

the circumstances when the regional council will consider waiving (in whole or in part) a coastal occupation charge; and

(c)

the level of charges to be paid or the manner in which the charge will be determined; and

(d)

in accordance with subsection (5), the way the money received will be used.

(4)

No coastal occupation charge may be imposed on any person occupying the coastal marine area unless the charge is provided for in the regional coastal plan.

(4A)

A coastal occupation charge must not be imposed on a protected customary rights group or customary marine title group exercising a right under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011.

(5)

Any money received by the regional council from a coastal occupation charge must be used only for the purpose of promoting the sustainable management of the coastal marine area.

Section 64A: inserted, on 17 December 1997, by section 12 of the Resource Management Amendment Act 1997 (1997 No 104).

Section 64A(1): amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 64A(4A): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

65 Preparation and change of other regional plans

(1)

A regional council may prepare a regional plan for the whole or part of its region for any function specified in section 30(1)(c), (ca), (e), (f), (fa), (fb), (g), or (ga).

(1A)

A regional council given a direction under section 25A(1) must—

(a)

prepare a regional plan that implements the direction; or

(b)

prepare a change to its regional plan in a way that implements the direction; or

(c)

prepare a variation to its regional plan in a way that implements the direction.

(2)

A plan must be prepared in accordance with Schedule 1.

(3)

Without limiting the power of a regional council to prepare a regional plan at any time, a regional council shall consider the desirability of preparing a regional plan whenever any of the following circumstances or considerations arise or are likely to arise:

(a)

any significant conflict between the use, development, or protection of natural and physical resources or the avoidance or mitigation of such conflict:

(b)

any significant need or demand for the protection of natural and physical resources or of any site, feature, place, or area of regional significance:

(c)

any threat from natural hazards or any actual or potential adverse effects of the storage, use, disposal, or transportation of hazardous substances which may be avoided or mitigated:

(d)

any foreseeable demand for or on natural and physical resources:

(e)

any significant concerns of tangata whenua for their cultural heritage in relation to natural and physical resources:

(f)

the restoration or enhancement of any natural and physical resources in a deteriorated state or the avoidance or mitigation of any such deterioration:

(g)

the implementation of a national policy statement or New Zealand coastal policy statement:

(h)

any use of land or water that has actual or potential adverse effects on soil conservation or air quality or water quality:

(i)

any other significant issue relating to any function of the regional council under this Act.

(4)

Any person may request a regional council to prepare or change a regional plan in the manner set out in Schedule 1.

(5)

A regional plan may be changed by the regional council in the manner set out in Schedule 1.

(6)

A regional council must amend a proposed regional plan or regional plan to give effect to a regional policy statement, if—

(a)

the statement contains a provision to which the plan does not give effect; and

(b)

one of the following occurs:

(i)

the statement is reviewed under section 79 and not changed or replaced; or

(ii)

the statement is reviewed under section 79 and is changed or replaced and the change or replacement becomes operative; or

(iii)

the statement is changed or varied and becomes operative.

(7)

A local authority must comply with subsection (6)—

(a)

within the time specified in the statement, if a time is specified; or

(b)

as soon as reasonably practicable, in any other case.

Section 65(1): replaced, on 1 August 2003, by section 26 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 65(1): amended, on 10 August 2005, by section 39(1) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 65(1A): inserted, on 10 August 2005, by section 39(2) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 65(2): replaced, on 1 August 2003, by section 26 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 65(5): amended, on 7 July 1993, by section 36 of the Resource Management Amendment Act 1993 (1993 No 65).

Section 65(6): inserted, on 10 August 2005, by section 39(3) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 65(7): inserted, on 10 August 2005, by section 39(3) of the Resource Management Amendment Act 2005 (2005 No 87).

66 Matters to be considered by regional council (plans)

(1)

A regional council must prepare and change any regional plan in accordance with—

(a)

its functions under section 30; and

(b)

the provisions of Part 2; and

(c)

a direction given under section 25A(1); and

(d)

its obligation (if any) to prepare an evaluation report in accordance with section 32; and

(e)

its obligation to have particular regard to an evaluation report prepared in accordance with section 32; and

(f)

any regulations.

(2)

In addition to the requirements of section 67(3) and (4), when preparing or changing any regional plan, the regional council shall have regard to—

(a)

any proposed regional policy statement in respect of the region; and

(b)

the Crown’s interests in the coastal marine area; and

(c)

any—

(i)

management plans and strategies prepared under other Acts; and

(ii)
[Repealed]

(iia)

relevant entry on the New Zealand Heritage List/Rārangi Kōrero required by the Heritage New Zealand Pouhere Taonga Act 2014; and

(iii)

regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources (including regulations or bylaws relating to taiapure, mahinga mataitai, or other non-commercial Maori customary fishing); and

(iv)
[Repealed]

to the extent that their content has a bearing on resource management issues of the region; and

(d)

the extent to which the regional plan needs to be consistent with the regional policy statements and plans, or proposed regional policy statements and proposed plans, of adjacent regional councils; and

(e)

to the extent to which the regional plan needs to be consistent with regulations made under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012; and

(2A)

When a regional council is preparing or changing a regional plan, it must deal with the following documents, if they are lodged with the council, in the manner specified, to the extent that their content has a bearing on the resource management issues of the region:

(a)

the council must take into account any relevant planning document recognised by an iwi authority; and

(b)

in relation to a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011, the council must, in accordance with section 93 of that Act,—

(i)

recognise and provide for the matters in that document, to the extent that they relate to the relevant customary marine title area; and

(ii)

take into account the matters in that document, to the extent that they relate to a part of the common marine and coastal area outside the customary marine title area of the relevant group.

(3)

In preparing or changing any regional plan, a regional council must not have regard to trade competition or the effects of trade competition.

Section 66 heading: amended, on 17 December 1997, by section 13 of the Resource Management Amendment Act 1997 (1997 No 104).

Section 66(1): replaced, on 3 December 2013, for all purposes, by section 77 of the Resource Management Amendment Act 2013 (2013 No 63).

Section 66(2): amended, on 10 August 2005, by section 40(2) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 66(2)(b): amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 66(2)(c)(ii): repealed, on 1 August 2003, by section 27(1) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 66(2)(c)(iia): inserted, on 1 July 1993, by section 118(2) of the Historic Places Act 1993 (1993 No 38).

Section 66(2)(c)(iia): amended, on 20 May 2014, by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Section 66(2)(c)(iii): replaced, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

Section 66(2)(c)(iv): repealed, on 1 August 2003, by section 27(1) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 66(2)(d): amended, on 28 June 2013, by section 176(3) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72).

Section 66(2)(e): inserted, on 28 June 2013, by section 176(3) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72).

Section 66(2A): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 66(3): inserted, on 17 December 1997, by section 13 of the Resource Management Amendment Act 1997 (1997 No 104).

Section 66(3): amended, on 1 October 2009, by section 56 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

67 Contents of regional plans

(1)

A regional plan must state—

(a)

the objectives for the region; and

(b)

the policies to implement the objectives; and

(c)

the rules (if any) to implement the policies.

(2)

A regional plan may state—

(a)

the issues that the plan seeks to address; and

(b)

the methods, other than rules, for implementing the policies for the region; and

(c)

the principal reasons for adopting the policies and methods; and

(d)

the environmental results expected from the policies and methods; and

(e)

the procedures for monitoring the efficiency and effectiveness of the policies and methods; and

(f)

the processes for dealing with issues—

(i)

that cross local authority boundaries; or

(ii)

that arise between territorial authorities; or

(iii)

that arise between regions; and

(g)

the information to be included with an application for a resource consent; and

(h)

any other information required for the purpose of the regional council’s functions, powers, and duties under this Act.

(3)

A regional plan must give effect to—

(a)

any national policy statement; and

(b)

any New Zealand coastal policy statement; and

(c)

any regional policy statement.

(4)

A regional plan must not be inconsistent with—

(a)

a water conservation order; or

(b)

any other regional plan for the region; or

(c)
[Repealed]

(5)

A regional plan must record how a regional council has allocated a natural resource under section 30(1)(fa) or (fb) and (4), if the council has done so.

(6)

A regional plan may incorporate material by reference under Part 3 of Schedule 1.

Section 67: replaced, on 10 August 2005, by section 41 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 67(4)(c): repealed, on 1 October 2011, by section 16 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

68 Regional rules

(1)

A regional council may, for the purpose of—

(a)

carrying out its functions under this Act (other than those described in paragraphs (a) and (b) of section 30(1)); and

(b)

achieving the objectives and policies of the plan,—

include rules in a regional plan.

(2)

Every such rule shall have the force and effect of a regulation in force under this Act but, to the extent that any such rule is inconsistent with any such regulation, the regulation shall prevail.

(2A)

Rules may be made under this section for the protection of other property (as defined in section 7 of the Building Act 2004) from the effects of surface water, which require persons undertaking building work to achieve performance criteria additional to, or more restrictive than, those specified in the building code as defined in section 7 of the Building Act 2004.

(3)

In making a rule, the regional council shall have regard to the actual or potential effect on the environment of activities, including, in particular, any adverse effect.

(3A)

[Repealed]

(3B)

[Repealed]

(4)

A rule may specify an activity as a restricted coastal activity only if the rule is in a regional coastal plan and the Minister of Conservation has required the activity to be so specified on the grounds that the activity—

(a)

has or is likely to have significant or irreversible adverse effects on a coastal marine area; or

(b)

occurs or is likely to occur in an area having significant conservation value.

(5)

A rule may—

(a)