This Act is administered in the Ministry for the Environment.
Title
1 Short Title and commencement
Part 1Interpretation and application
2 Interpretation
3 Meaning of effect
4 Person acting under resource consent with permission
5 Act to bind the Crown
Part 2Duties and restrictions under Act
6 Restrictions on use of land
7 Certain existing uses in relation to land protected
8 Certain existing activities allowed
9 Restrictions on subdivision of land
10 Restrictions on use of coastal marine area
11 Restrictions on certain uses of beds of lakes and rivers
12 Restrictions relating to water
13 Discharge of contaminants into environment
14 Duty to avoid unreasonable noise
15 Duty to avoid, remedy, or mitigate adverse effects
16 Certain existing lawful activities allowed [Repealed]
Part 3Functions, powers, and duties of central and local government
17 Functions of Minister for the Environment
18 Information to be supplied to Minister for the Environment
19 Functions of Minister of Conservation
20 Information to be supplied to Minister of Conservation
21 Functions of regional councils
22 Functions of territorial authorities under Act
23 Duties to consider alternatives, assess benefits and costs, etc [Repealed]
24 Duty to gather information, monitor, and keep records
25 Power of waiver and to extend time limits [Repealed]
26 Authorisation and responsibilities of enforcement officers
27 Hearings to be public and without unnecessary formality
28 Persons who may be heard at hearing
29 Provisions relating to hearings
30 Reports to local authority
Part 4Standards, policy statements, and plans
31 Regulations prescribing national environmental standards [Repealed]
32 Summary of submissions, notification, and conduct of hearing [Repealed]
33 Matters to be considered and board of inquiry's report [Repealed]
34 Contents of regional policy statements [Repealed]
35 Preparation and change of regional coastal plans
36 Preparation and change of other regional plans
37 Regional rules
38 Repealing provisions relating to rules about esplanade reserves on reclamation
39 Preparation and change of district plans
40 District rules
41 Rules about esplanade reserves on subdivision and road stopping
42 Withdrawal of proposed policy statements and plans
43 Compensation not payable in respect of controls on land
Part 5Resource consents
44 Making an application [Repealed]
45 Applications to territorial authorities for resource consents where land is in coastal marine area
46 Distribution of application to other authorities [Repealed]
47 Further information may be required [Repealed]
48 Notification of applications [Repealed]
49 Applications not requiring notification [Repealed]
50 Time limit for submissions
51 Hearing date and notice
52 Joint hearings by 2 or more consent authorities
53 Combined hearings in respect of 2 or more applications
54 Matters to be considered
55 Decisions on applications
56 Subdivision consent not to be granted in certain circumstances
57 Restriction on grant of certain discharge permits
58 Conditions of resource consents
59 Refund of money and return of land where activity does not proceed
60 Use of financial contributions
61 Obligation to pay rent and royalties a deemed condition
62 Decisions on applications to be in writing, etc
63 Time limits for notification of decision
64 When resource consent commences
65 Application to carry out restricted coastal activity
66 Decision on application for restricted coastal activity
67 Residual powers of regional council
68 Right to appeal
69 Procedure for appeal
70 Consents not real or personal property
71 Lapsing of consents
72 Change or cancellation of consent condition on application by consent holder
73 Circumstances when consent conditions can be reviewed
74 Notice of review
75 Public notification, submissions, and hearing, etc
76 Decisions on review of consent conditions
77 Transferability of coastal permits
78 Transferability of discharge permits
79 Consent authorities to grant certificates of compliance
Part 6Coastal tendering
80 Order in Council may be made requiring holding of authorisation
81 Application of Order in Council
82 Effect of Order in Council
Part 7Designations and heritage orders
83 Meaning of designation
84 Application to become requiring authority
85 Notice of requirement to territorial authority
86 Notice of requirement by territorial authority
87 Recommendation by territorial authority
88 Notification of decision
89 Designation to be provided for in district plan
90 Effect of designation
91 Land subject to existing designation or heritage order
92 Interim effect of requirement
93 Appeals relating to sections 176 to 178
94 Transfer of rights and responsibilities for designations
95 Alteration of designation
96 Removal of designation
97 Repealing provisions relating to review of designations which have not lapsed
98 Lapsing of designations which have not been given effect to
99 Lapsing of designations of territorial authority in its own district
100 Meaning of heritage order
101 Application to become heritage protection authority
102 Notice of requirement to territorial authority
103 Notice of requirement by territorial authority
104 Recommendation by territorial authority
105 Application of other sections
106 Land subject to existing heritage order or designation
107 Interim effect of requirement
108 Removal of heritage order
109 Planning Tribunal may order land taken, etc
Part 8Water conservation orders
110 Matters to be considered
111 Matters to be considered by Planning Tribunal
112 Tribunal's report
113 Effect of water conservation order
Part 9Subdivision and reclamations
114 Meaning of subdivision of land
115 Information to accompany applications for subdivision consents
116 Condition of subdivision consents
117 Completion certificates
118 Approval of survey plan by territorial authority
119 Restrictions upon deposit of survey plan
120 Restrictions upon issue of certificates of title for subdivision
121 Savings in respect of cross leases, company leases, and retirement village leases
122 Cancellation of prior approvals
123 Subdivision by the Crown
124 New sections substituted
125 Vesting of roads
126 Vesting of reserves or other land
127 Covenant against transfer of allotments
128 Amalgamation of allotments
129 Prior registered instruments protected
130 Survey plan approved subject to grant or reservation of easements
131 Consent authority approval of plan of survey of reclamation
132 Restrictions on deposit of plan of survey for reclamation
Part 10Environment Court
133 Planning Tribunal sittings
134 Powers of Planning Judge sitting alone
135 Awarding costs
136 Reference of questions of law to High Court
137 Appeal on question of law
Part 11Declarations, enforcement, and ancillary powers
138 Scope and effect of declaration
139 Application for declaration
140 Notification of application [Repealed]
141 Scope of enforcement order
142 Compliance with enforcement order
143 Compliance with enforcement order
144 Decision on applicatio
145 Interim enforcement order
146 Scope of abatement notice
147 Appeals
148 Cancellation of abatement notice
149 Compliance with excessive noise direction
150 Emergency works and power to take preventive or remedial action
151 Resource consents for emergency works
152 Reimbursement or compensation for emergency works
153 Power of entry for inspection
154 Content and effect of warrant for entry for search
155 Offences against this Act
156 Strict liability and defences
Part 12Miscellaneous provisions
157 Service of documents
158 Notices and consents in relation to Maori land
159 Crown's existing rights to resources to continue
160 Vesting of reclaimed land
161 Objections to certain decisions and requirements of consent authorities
162 Appeals against certain decisions or objections
163 Regulations
Part 13Transitional provisions
164 Meaning of permission
165 Effect of this Act on existing schemes, consents, etc
166 Provisions deemed to be regional rules
167 Existing notices, bylaws, etc, to become regional coastal plans
168 Provisions deemed to be regional coastal rules
169 Existing district and maritime schemes to become district plans
170 Provisions deemed to be district rules
171 Transitional provisions for public utilities
172 Proceedings in relation to plans
173 Declarations
174 Return of property seized under Noise Control Act 1982
175 Existing permissions to allow use of beds of lakes and rivers
176 Existing permissions to become coastal permits
177 Right of port companies to occupy coastal marine area
178 Existing clean air permissions to become discharge permits
179 Existing rights and authorities under Water and Soil Conservation Act 1967
180 Existing geothermal licences and authorisations deemed to be water permits
181 New sections substituted
182 Resource consents following approval under Clean Air Act 1972
183 Provisions of Clean Air Act 1972 may be considered on applications for resource consents for discharging contaminants into the air
184 Applications for Orders in Council to reclaim land and approval for harbour works
185 Repealing transitional provisions relating to setting aside of esplanade reserves on reclamation
186 Applications for works, etc, in coastal marine area
187 Applications for marine farming in coastal marine area
188 Notification of lapsing, cancellation, or surrender of coastal permit for marine farming
189 Notification of rule change affecting marine farming
190 Applications received on same day
191 New sections substituted
192 Grounds of refusal of subdivision consent
193 Subdivision consent conditions
194 Financial contributions for developments
195 Restriction on imposition of conditions as to financial contributions
196 Expiry of certain sections
197 Current mining privileges to become deemed permits
198 Permits over land other than that of holders to be produced in Land Transfer Office
199 Uses of lakes and rivers not restricted by section 9
200 Certain existing permitted uses may continue
201 Designations and requirements continued
202 Savings as to bylaws
203 Leases, licences, and other authorities under Harbours Act 1950
204 Functions and powers in respect of activities on or in Lake Taupo
205 Leases and licences executed under Marine Farming Act 1971
206 Deemed transfer of powers to former public bodies
207 Obligation to prepare proposed New Zealand coastal policy statement within 1 year
208 Obligation to prepare regional policy statements and coastal plans within 2 years
Part 14Other provisions
209 Interpretation and time limits
210 Requirements to be inserted prior to notification of proposed district plans
211 Public notice and provision of document to public bodies
212 New clauses substituted
213 Recommendations and decisions on requirements
214 New clauses substituted
215 New clauses substituted
216 Final consideration of policy statements and plans other than regional coastal plans
217 Consideration of regional coastal plan by regional council
218 Ministerial approval of regional coastal plan
219 Operative date
220 New Part 2 of Schedule 1 substituted
221 Matters relating to regions
222 Esplanade reserves and strips on reclamations
223 Matters related to districts
224 Creation of esplanade reserves or strips on subdivision of allotments
225 Assessment of effects on environment
226 Amendments to Part 1 of Schedule 8
227 Amendment to Part 2 of Schedule 8
228 New Schedule 10 added
229 Transitional regulations revoked
230 Transitional provisions
231 Regulations validated
Schedule 1New Schedule 10 to principal Act
Schedule 2Regulations revoked
An Act to amend the Resource Management Act 1991
BE IT ENACTED by the Parliament of New Zealand as follows: