1 Title
2 Commencement
Part 1Amendments to principal Act
Subpart I—Interpretation and application
3 Interpretation
Subpart 2—Purpose and principles
4 Matters of national importance
5 Other matters
Subpart 3—Duties and restrictions under this Act
6 Restrictions on use of coastal marine area
7 Duty to avoid, remedy, or mitigate adverse effects
8 New sections 19 to 20A substituted
19 Certain rules in proposed plans to be operative
20 Certain rules in proposed plans not to have effect
20A Certain existing lawful activities allowed
Subpart 4—Functions, powers, and duties of central and local government
9 Functions of regional councils under this Act
10 Functions of territorial authorities under this Act
11 New sections 32 and 32A substituted
32 Consideration of alternatives, benefits, and costs
32A Failure to carry out evaluation
12 Transfer of powers
13 Delegation of functions, etc, by local authorities
14 New section 34A inserted
34A Delegation of powers and functions to employees and other persons
15 Duty to gather information, monitor, and keep records
16 Administrative charges
17 New sections 37 to 37B substituted
37 Power of waiver and extension of time limits
37A Requirements for waivers and extensions
37B Persons to have powers of consent authority for purposes of sections 37 and 37A
Subpart 5—Standards, policy statements, and plans
18 New sections 43 to 44 substituted
43 Regulations prescribing national environmental standards
43A Additional powers to implement national environmental standards
43B Relationship between standards and rules
43C Incorporation of material by reference
43D Description of discharges in regulations prescribing national environmental standards for discharges
43E Transitional matters relating to national environmental standards
44 Restriction on power to make regulations prescribing national environmental standards
19 Purpose of national policy statements (other than New Zealand coastal policy statements)
20 New sections 46 and 47 substituted
46 Proposed national policy statement
47 Board of inquiry
21 Public notification of inquiry
22 New sections 50 to 52 substituted
50 Conduct of hearing
51 Matters to be considered and board of inquiry's report
52 Consideration of recommendations and approval of statement
23 New section 55 substituted
55 Local authority recognition of national policy statements
24 Matters to be considered by regional council
25 New section 62 substituted
62 Contents of regional policy statements
26 Preparation and change of other regional plans
27 Matters to be considered by regional council
28 New section 67 substituted
67 Contents of regional plans
29 Regional rules
30 Aquaculture activities [Repealed]
31 Matters to be considered by territorial authority
32 New section 75 substituted
75 Contents of district plans
33 District rules
34 New heading and sections 77A to 77D inserted
Additional provisions for regional rules and district rules
77A Power to include rules in plans
77B Types of activities
77C Certain activities to be treated as discretionary activities or prohibited activities
77D Rules for certain activities may include restrictions on notification
35 New section 78A inserted
78A Combined regional and district documents
36 New section 82 substituted
82 Disputes
Subpart 6—Resource consents
37 New section 88 substituted
88 Making an application
38 Description of type of activity to remain the same
39 New section 88B inserted
88B Calculating time limits for processing applications
40 Section 90 repealed
41 New sections 92 to 95 substituted
92 Further information may be required
93 When public notification of consent applications is required
94 When public notification of consent applications is not required
94A Forming opinion as to whether adverse effects are minor or more than minor
94B Forming opinion as to who may be adversely affected
94C Public notification if applicant requests or if special circumstances exist
94D When public notification and service requirements may be varied
95 Time limit for notification
42 Making of submissions
43 Hearing date and notice
44 New sections 104 to 106 substituted
104 Consideration of applications
104A Determination of applications for controlled activities
104B Determination of applications for discretionary or non-complying activities
104C Particular restrictions for restricted discretionary activities
104D Particular restrictions for non-complying activities
105 Matters relevant to certain applications
106 Consent authority may refuse subdivision consent in certain circumstances
45 Conditions of resource consents
46 New section 108A inserted
108A Bonds
47 Special provisions in respect of bonds or covenants
48 New section 114 substituted
114 Notification
49 New section 115 substituted
115 Time limits for notification of decision
50 When a resource consent commences
51 Lapsing of consent
52 New section 126 substituted
126 Cancellation of consent
53 Change or cancellation of consent condition on application by consent holder
54 Circumstances when consent conditions can be reviewed
55 Notice of review
56 Public notification, submissions, and hearing, etc
57 Form and effect of Minister's direction
58 Consent authority's obligations
Subpart 7—Coastal tendering
59 Application of Order in Council
Subpart 8—Designations and heritage orders
60 Notice of requirement to territorial authority
61 Notice of requirement by territorial authority
62 New section 169 substituted
169 Further information, public notification, submissions, and hearing
63 New section 171 substituted
171 Recommendation by territorial authority
64 New section 173 substituted
173 Notification of decision on designation
65 Effect of designation
66 Alteration of designation
67 Compulsory acquisition powers
68 Further information, public notification, submissions, and hearing
Subpart 9—Subdivision and reclamations
69 Meaning of subdivision of land
70 Section 219 repealed
71 Approval of survey plan by territorial authority
72 Restriction upon issue of certificates of title for subdivision
73 Savings in respect of cross leases, company leases, and retirement village leases
74 Creation of esplanade strips by agreement
Subpart 10—Environment Court
75 Section 271A repealed
76 New section 274 substituted
274 Representation at proceedings
77 New section 276A inserted
276A Evidence of documents
78 Powers of Environment Commissioner sitting without Environment Judge
79 Waivers and directions
80 New section 284A inserted
284A Security for costs
81 Court may order change to policy statements and plans
Subpart 11—Declarations, enforcement, and ancillary powers
82 Scope and effect of declaration
83 Decision on application
84 Appeals
85 Meaning of excessive noise
Subpart 12—Miscellaneous provisions
86 Matters may be determined by arbitration
87 Objections to certain decisions and requirements of consent authorities
88 Regulations
Subpart 13—Transitional provisions in principal Act
89 Provisions deemed to be regional rules
90 Power of Minister of Conservation to give directions relating to restricted coastal activities
91 Grounds of refusal of subdivision consent
Subpart 14—Schedules of principal Act
92 Schedule 1 amended
14 Appeals to Environment Court
93 Schedule 2 repealed
94 Schedule 4 amended
95 Consequential amendments to principal Act
Part 2Amendments and repeals of other enactments, transitional provisions, and savings
Subpart 1—Consequential repeals
96 Consequential repeals of other enactments
Subpart 2—Amendments to other Acts
97 Amendment to Incorporated Societies Act 1908
98 Amendments to Local Government Act 1974
99 Amendment to Reserves Act 1977
100 Amendment to Local Government Official Information and Meetings Act 1987
101 Amendment to Crown Research Institutes Act 1992
102 Amendments to Historic Places Act 1993
103 Amendment to Hazardous Substances and New Organisms Act 1996
104 Amendment to Resource Management Amendment Act 1997
105 Amendments to Ngai Tahu Claims Settlement Act 1998
208 Local authorities must have regard to statutory acknowledgments
106 Amendments to Pouakani Claims Settlement Act 2000
38 Consent authorities must have regard to statutory acknowledgments
107 Amendments to Te Uri o Hau Claims Settlement Act 2002
60 Consent authorities must have regard to statutory acknowledgments
108 Amendments to Ngati Ruanui Claims Settlement Act 2003
90 Consent authorities must have regard to statutory acknowledgments
Subpart 3—Transitional and savings provisions
109 Transitional provisions relating to New Zealand coastal policy statements
110 Transitional provisions for restricted discretionary activities
111 Transitional provisions for certain rules
112 Continuation and completion of matters under principal Act
113 Exercise of authority granted under Historic Places Act 1993
Schedule 1Consequential amendments to principal Act
Schedule 2Enactments repealed
Legislative history
The Parliament of New Zealand enacts as follows: