Resource Management Amendment Act 2005

Public Act	2005 No 87
Date of assent	9 August 2005

1 Title

2 Commencement

3 Purpose

4 Interpretation

5 Certain existing uses in relation to land protected

6 Functions of Minister for the Environment

7 New section 24A inserted

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

8 New section 25A inserted

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

9 New section 27 substituted

27 Minister may require local authorities to supply information

10 Delegation of functions by Ministers

11 Functions of regional councils under this Act

12 Functions of territorial authorities under this Act

13 Consideration of alternatives, benefits, and costs

14 Delegation of powers and functions to employees and other persons

15 Duty to gather information, monitor, and keep records

16 New section 35A inserted

35A Duty to keep records about iwi and hapu

17 Administrative charges

18 New headings and sections 36A to 36E inserted

Duties of local authorities and applicants

36A No duty under this Act to consult about resource consent applications and notices of requirement

Powers and duties of local authorities and other public authorities

36B Power to make joint management agreement

36C Local authority may act by itself under joint management agreement

36D Effect of joint management agreement

36E Termination of joint management agreement

19 Persons to have powers of consent authority for purposes of sections 37 and 37A

20 Hearings to be public and without unnecessary formality

21 New section 39A inserted

39A Accreditation

22 New section 39B inserted

39B Persons who may be given hearing authority

23 New section 39C inserted

39C Effect of lack of accreditation

24 Provisions relating to hearings

25 New sections 41A to 41C inserted

41A Control of hearings

41B Directions to provide evidence within time limits

41C Directions and requests before or at hearings

26 Reports to local authorities

27 Regulations prescribing national environmental standards

28 Additional powers to implement national environmental standards

29 New sections 43B to 43G substituted

43B Relationship between national environmental standards and rules or consents

43C Relationship between national environmental standards and water conservation orders

43D Relationship between national environmental standards and designations

43E Relationship between national environmental standards and bylaws

43F Description of discharges in national environmental standards for discharges

43G Incorporation of material by reference in national environmental standards

30 Restriction on power to make regulations prescribing national environmental standards

31 Proposed national policy statement

32 New section 46A inserted

46A Minister chooses process

33 New section 46B inserted

46B Incorporation of material by reference in national policy statements

34 Changes to or review or revocation of national policy statements

35 Local authority recognition of national policy statements

36 Preparation of New Zealand coastal policy statements

37 Contents of New Zealand coastal policy statements

38 New section 58A inserted

58A Incorporation of material by reference in New Zealand coastal policy statements

39 Preparation and change of other regional plans

40 Matters to be considered by regional council

41 New section 67 substituted

67 Contents of regional plans

42 Regional rules

43 Implementation of regulations made under section 43

44 Preparation and change of district plans

45 Matters to be considered by territorial authority

46 New section 75 substituted

75 Contents of district plans

47 District rules

48 Types of activities

49 Circumstances when further review required

50 Making an application

51 New sections 88B and 88C substituted

88B Processing provisions from which periods described in section 88C are excluded

88C Description of excluded periods

52 Further information may be required

53 New sections 92A and 92B inserted

92A Responses to request

92B Responses to notification

54 Forming opinion as to whether adverse effects are minor or more than minor

55 Making of submissions

56 Time limit for submissions

57 Heading amended and new section 99 substituted

99 Pre-hearing meetings

58 New section 99A inserted

99A Mediation

59 Consideration of applications

60 Determination of applications for controlled activities

61 Implementation of regulations made under section 43

62 Decisions on applications to be in writing, etc

63 When resource consent commences

64 Application to carry out a restricted coastal activity

65 Right to appeal

66 New section 124 substituted

124 Exercise of resource consent while applying for new consent

67 New sections 124A to 124C inserted

124A When sections 124B and 124C apply and when they do not apply

124B Applications by existing holders of resource consents

124C Applications by persons who are not existing holders of resource consents

68 Lapsing of consents

69 Cancellation of consent

70 Change or cancellation of consent condition on application by consent holder

71 Circumstances when consent conditions can be reviewed

72 Notice of review

73 New section 133A inserted

133A Minor corrections of resource consents

74 Transferability of water permits

75 New section 137 substituted

137 Transferability of discharge permits

76 New heading substituted

77 Consent authorities to grant certificates of compliance

78 New section 139A inserted

139A Consent authorities to issue existing use certificates

79 New heading and new sections 140 to 141C substituted

Decisions on proposals of national significance

140 Meaning of applicant, local authority, and matter in sections 141 to 150AA

141 Application of sections 141A to 150AA to coastal marine areas

141A Minister's power to intervene

141B Minister's power to call in matters that are or are part of proposals of national significance

141C Form and effect of Minister's direction

80 New sections 142 to 147 substituted

142 Minister may determine not to proceed

143 Local authority's obligations

144 Minister to notify direction

145 Minister to receive submissions

146 Minister to appoint board of inquiry

147 Conduct of inquiry

81 New sections 148 to 149B inserted

148 Board to produce draft report

149 Board to produce final report

149A Appeals on questions of law

149B Costs of process

82 New section 150 substituted

150 Residual powers of authorities

83 New section 150AA inserted

150AA Reference to Environment Court

84 Publication, etc, of Order in Council

85 Plan may specify allocation methods

86 Preferential rights of iwi

87 Excluded areas

88 Invitation to request change to regional coastal plan or proposed regional coastal plan

89 Further information, public notification, submissions, and hearing

90 Lapsing of designations which have not been given effect to

91 Further information, public notification, submissions, and hearing

92 Territorial authority to issue a consent notice

93 Vesting of ownership of land in coastal marine area or bed of lake or river in the Crown or territorial authority

94 Transfers to the Crown or regional council

95 New section 251A inserted

251A Appointment of acting Principal Environment Judge

96 Registrar and other officers

97 Protection from legal proceedings

98 Additional dispute resolution

99 Representation at proceedings

100 Evidence

101 Environment Court has powers of District Court

102 Powers of Environment Commissioner sitting without Environment Judge

103 Waivers and directions

104 New sections 281A and 281B inserted

281A Registrar may waive, reduce, or postpone payment of fee

281B Review of exercise of power by Registrar

105 Reference of questions of law to High Court

106 New section 290A inserted

290A Environment Court to have regard to decision that is subject of appeal or inquiry

107 New section 293 substituted

293 Environment Court may order change to policy statements and plans

108 No review of decisions unless right of appeal or reference to inquiry exercised

109 Notice of appeal

110 Right to appear and be heard on appeal

111 Parties to the appeal before the High Court

112 Orders of the High Court

113 Additional appeals on points of law

114 Date of hearing

115 Scope and effect of declaration

116 Notification of application

117 Decision on application

118 Cancellation of abatement notice

119 Meaning of excessive noise

120 Emergency works and power to take preventive or remedial action

121 Resource consents for emergency works

122 Mode of service of summons on master or owner of ship

123 Matters may be determined by arbitration

124 Objections to certain decisions and requirements of consent authorities

Rights of objection

357 Right of objection to local authorities against certain decisions

357A Right of objection to consent authority against certain decisions or requirements

357B Right of objection in relation to imposition of additional charges or recovery of costs

357C Procedure for making and hearing objection under sections 357 to 357B

357D Decision on objections made under sections 357 to 357B

125 Appeals against certain decisions or objections

126 Provisions deemed to be regional rules

127 Regulations

128 Transitional provisions for public utilities

129 Schedules 1 and 4 amended

1AA

130 New Schedule 1AA inserted

131 Transitional provisions relating to provisions of principal Act

132 Transitional provisions relating to Resource Management (Waitaki Catchment) Amendment Act 2004

133 Transitional provision for service of notice

134 Transitional provision on allocation plans

135 Transitional provisions relating to regulations made under provisions of principal Act

Schedule 1
Amendments to Schedule 1 of principal Act

Schedule 2
New Schedule 1AA inserted in principal Act

Legislative history

The Parliament of New Zealand enacts as follows:

New Zealand Legislation: Acts

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Resource Management Amendment Act 2005 No 87, Public Act

Resource Management Amendment Act 2005

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