Resource Management (Simplifying and Streamlining) Amendment Act 2009

Public Act	2009 No 31
Date of assent	22 September 2009
Commencement	see section 2

1 Title

2 Commencement

3 Principal Act amended

Part 1
Amendments to principal Act

4 Interpretation

5 New section 2AA inserted

2AA Definitions relating to notification

6 Act to bind the Crown

7 New section 9 substituted

9 Restrictions on use of land

8 Certain existing uses in relation to land protected

9 Certain existing activities allowed

10 Certain existing building works allowed

11 Restrictions on subdivision of land

12 Restrictions on use of coastal marine area

13 Restriction on certain uses of beds of lakes and rivers

14 Restrictions relating to water

15 Discharge of contaminants into environment

16 Duty to avoid unreasonable noise

17 Duty to avoid, remedy, or mitigate adverse effects

18 Sections 19 and 20 and heading above section 19 repealed

19 New heading inserted

Certain existing lawful activities allowed

20 Certain existing lawful activities allowed

21 New section 22 substituted

22 Duty to give certain information

22 Functions of Minister for the Environment

23 Power of Minister for the Environment to investigate and make recommendations

24 New section 25B inserted

25B Ministers may direct commencement of review

25 Functions of Minister of Conservation

26 New section 28A substituted

28A Regional council must supply information to Minister of Conservation

27 Delegation of functions by Ministers

28 Delegation of powers and functions to employees and other persons

29 Duty to gather information, monitor, and keep records

30 Duty to keep records about iwi and hapu

31 Administrative charges

32 New section 36AA inserted

36AA Local authority policy on discounting administrative charges

33 Requirements for waivers and extensions

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

35 Authorisation and responsibilities of enforcement officers

36 Hearings to be public and without unnecessary formality

37 Directions to provide evidence within time limits

38 Directions and requests before or at hearings

39 Protection of sensitive information

40 Reports to local authority

41 New Part 4A inserted

Part 4A
Environmental Protection Authority

42B Establishment of Environmental Protection Authority

42C Functions of EPA

42D Secretary for the Environment to exercise functions of EPA

42 New sections 43AA to 43AAC inserted

43AA Interpretation

43AAB Meaning of district rule and regional rule

43AAC Meaning of proposed plan

43 Additional powers to implement national environmental standards

44 Relationship between national environmental standards and rules or consents

45 New sections 44 and 44A substituted

44 Restriction on power to make national environmental standards

44A Local authority recognition of national environmental standards

46 Minister chooses process

47 Board of inquiry

48 New section 47A inserted

47A Board of inquiry to suspend consideration or consider additional material

49 Conduct of hearing

50 Matters to be considered and board of inquiry's report

51 New section 51A inserted

51A Withdrawal of proposed national policy statement

52 Consideration of recommendations and approval of statement

53 Local authority recognition of national policy statements

54 Contents of New Zealand coastal policy statements

55 Matters to be considered by regional council (policy statements)

56 Matters to be considered by regional council (plans)

57 Regional rules

58 Matters to be considered by territorial authority

59 District rules

60 New sections 77A and 77B substituted

77A Power to make rules to apply to classes of activities and specify conditions

77B Duty to include certain rules in relation to controlled or restricted discretionary activities

61 Section 77C repealed

62 New section 77D substituted

77D Rules specifying activities for which consent applications must be notified or are precluded from being notified

63 Section 78A repealed

64 New section 79 substituted

79 Review of policy statements and plans

65 Circumstance when further review required

66 New section 80 substituted

80 Combined regional and district documents

67 Disputes

68 New heading and sections 86A to 86G inserted

Legal effect of rules

86A Purpose of sections 86B to 86G

86B When rules in proposed plans and changes have legal effect

86C When rule has legal effect if decision to delay its effect is rescinded

86D Environment Court may order rule to have legal effect from date other than standard date

86E Local authorities must identify rules having early or delayed legal effect

86F When rules in proposed plans must be treated as operative

86G Rule that has not taken legal effect or become operative excluded from references to rule in this Act and regulations made under this Act

69 New sections 87A to 87I inserted

87A Classes of activities

87B Certain activities to be treated as discretionary activities or prohibited activities

Streamlining decision-making on resource consents

87C Sections 87D to 87I apply to resource consent applications

87D Request for application to go directly to Environment Court

87E Consent authority’s decision on request

87F Consent authority's subsequent processing

87G Environment Court determines application

87H Residual powers of consent authority

87I When consent authority must determine application

70 Description of type of activity to remain same

71 New sections 88B to 88E substituted

88B Time limits from which time periods are excluded

88C Excluded time periods relating to provision of further information

88D Excluded time periods relating to direct referral (for resource consents and also for notices of requirement)

88E Excluded time periods relating to other matters

72 New section 89A inserted

89A Applications affecting navigation to be referred to Maritime New Zealand

73 Further information, or agreement, may be requested

74 Responses to request

75 Responses to notification

76 New heading and sections 93 to 95F substituted

Public notification and limited notification of applications

95 Time limit for public notification or limited notification

95A Public notification of consent application at consent authority's discretion

95B Limited notification of consent application

95C Public notification of consent application after request for further information or report

95D Consent authority decides if adverse effects likely to be more than minor

95E Consent authority decides if person is affected person

95F Consent authority decides if person is affected order holder

77 New section 96 substituted

96 Making submissions

78 New section 100A inserted

100A Hearing by commissioner if requested by applicant or submitter

79 Hearing date and notice

80 Joint hearings by 2 or more consent authorities

81 Combined hearings in respect of 2 or more applications

82 New section 103A inserted

103A Time limit for completion of adjourned hearing

83 Consideration of applications

84 Determination of applications for controlled activities

85 New section 104C substituted

104C Determination of applications for restricted discretionary activities

86 Decisions on applications to be in writing, etc

87 New section 115 substituted

115 Time limits for notification of decision

88 When resource consent commences

89 New section 117 substituted

117 Application to carry out restricted coastal activity

90 Sections 118 and 119 repealed

91 New section 119A substituted

119A Coastal permit for restricted coastal activity treated as if granted by regional council

92 Right to appeal

93 Procedure for appeal

94 Circumstances when consent conditions can be reviewed

95 Notice of review

96 Public notification, submissions, and hearing, etc

97 Matters to be considered in review

98 Decisions on review of consent conditions

99 New section 139 substituted

139 Consent authorities and Environmental Protection Authority to issue certificates of compliance

100 New Part 6AA substituted

Part 6AA
Proposals of national significance

140 Outline of this Part

141 Interpretation

Subpart 1—Minister may make direction in relation to matter

Matter lodged with local authority

142 Minister may call in matter that is or is part of proposal of national significance

143 Restriction on when local authority may request call in

144 Restriction on when Minister may call in matter

Matter lodged with EPA

145 Matter lodged with EPA

146 EPA to recommend course of action to Minister

147 Minister makes direction after EPA recommendation

General provisions for matter lodged with local authority or EPA

148 Proposals relating to coastal marine area

149 EPA may request further information or commission report

How matter processed if direction made to refer matter to board of inquiry or Court

149A EPA must serve Minister's direction on local authority and applicant

149B Local authority's obligations if matter called in

149C EPA must give public notice of Minister's direction

149D Minister may instruct EPA to delay giving public notice pending application for additional consents

149E EPA to receive submissions on matter if public notice of direction has been given

149F EPA to receive further submissions if matter is request, change, or variation

149G EPA must provide board or Court with necessary information

149H Local authority may not notify further change or variation in certain circumstances

149I Limitation on withdrawal of change or variation

Subpart 2—How matter decided if direction made to refer matter to board of inquiry or Court

Matter decided by board of inquiry

149J Minister to appoint board of inquiry

149K How members appointed

149L Conduct of inquiry

149M Process if matter is request for regional plan or change and particular circumstances apply

149N Process if section 149M applies or proposed plan or change not yet prepared

149O Public notice and submissions where EPA receives proposed plan or change from local authority under section 149N

149P Consideration of matter by board

149Q Board to produce draft report

149R Board to produce final report

149S Minister may extend time by which board must report

Matter decided by Environment Court

149T Matter referred to Environment Court

149U Consideration of matter by Environment Court

Appeals

149V Appeal from decisions only on question of law

Subpart 3—Miscellaneous provisions

Process after decision of board of inquiry or Court on certain matters

149W Local authority to implement decision of board or Court about proposed regional plan or change or variation

149X Residual powers of local authority

Minister makes direction to refer matter to local authority

149Y EPA must refer matter to local authority if direction made by Minister

149Z Local authority must process referred matter

Minister's powers to intervene in matter

149ZA Minister's powers to intervene in matter

Process if related matter already subject to direction to refer to board of inquiry or Court

149ZB How EPA must deal with certain applications and notices of requirement

149ZC Minister to decide whether application or notice of requirement to be notified

Costs of processes under this Part

149ZD Costs of processes under this Part recoverable from applicant

149ZE Remuneration, allowances, and expenses of boards of inquiry

101 Publication, etc, of Order in Council

102 Notice of requirement for designation by territorial authority

103 New section 169 substituted

169 Further information, notification, submissions, and hearing for notice of requirement to territorial authority

104 Recommendation by territorial authority

105 Appeals

106 New section 175 substituted

175 Designation to be provided for in district plan

107 Effect of designation

108 Land subject to existing designation or heritage order

109 New section 178 substituted

178 Interim effect of requirements for designations

110 Appeals relating to sections 176 to 178

111 Transfer of rights and responsibilities for designations

112 New section 189A substituted

189A Notice of requirement for heritage order by territorial authority

113 New section 190 substituted

190 Further information, notification, submissions, and hearing for notice of requirement to territorial authority

114 Recommendation by territorial authority

115 Application of other sections

116 Land subject to existing heritage order or designation

117 New section 194 substituted

194 Interim effect of requirement

118 New section 195A inserted

195A Alteration of heritage order

119 New sections 198A to 198N and heading inserted

120 Special tribunal

121 Submissions to special tribunal

122 Conduct of hearing

123 Territorial authority to issue consent notice

124 Restrictions upon deposit of survey plan

125 Consent authority approval of plan of survey of reclamation

126 Restrictions on deposit of plan of survey for reclamation

127 Appointment of Environment Judges and alternate Environment Judges

128 Representation at proceedings

129 Section 284A repealed

130 New section 285 substituted

285 Awarding costs

131 Section 289 repealed

132 New section 290AA inserted

290AA Powers of Court in regard to certain appeals under clause 14 of Schedule 1

133 Environment Court may order change to policy statements and plans

134 Appeals to Court of Appeal

135 New Part 11A inserted

136 Appeals

137 Power of entry for inspection

138 Offences against this Act

139 Penalties

140 Liability of principal for acts of agents

141 Service of documents

142 New section 357 substituted

357 Right of objection against certain decisions

143 Right of objection to consent authority against certain decisions or requirements

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

145 Decision on objections made under sections 357 to 357B

146 Appeals against certain decisions or objections

147 Regulations

148 Section 395 repealed

149 Amendments to Schedule 1 of principal Act

150 Minor amendments

Part 2
Transitional provisions and amendments to other enactments

Subpart 1—Transitional provisions

151 Legal effect of rules

152 Existing rules providing for protection of trees

153 National environmental standards

154 National policy statements

155 Proposals of national significance called in

156 Restricted coastal activities

157 Notices of requirement

158 Enforcement proceedings

159 Outstanding applications for resource consent where further information requested

160 Applications and matters lodged before commencement

161 Certain proposed policy statements or plans, changes, and variations publicly notified before commencement

Subpart 2—Other enactments

162 Consequential amendments to Costs in Criminal Cases Act 1967

163 Consequential amendments to Crown Organisations (Criminal Liability) Act 2002

164 Consequential amendment to Incorporated Societies Act 1908

165 Consequential amendment to Local Government Official Information and Meetings Act 1987

166 Consequential amendments to Sentencing Act 2002

Schedule
Minor amendments

Legislative history

The Parliament of New Zealand enacts as follows:

New Zealand Legislation: Acts

Home | Search: Acts Bills Regulations All | Browse: Acts Bills Regulations All | Web feeds | Glossary | About | Guide | Site map | Buy Online

Resource Management (Simplifying and Streamlining) Amendment Act 2009 No 31, Public Act

Resource Management (Simplifying and Streamlining) Amendment Act 2009

Contents

Home | Search: Acts Bills Regulations All | Browse: Acts Bills Regulations All | Web feeds | Glossary | About | Guide | Site map | Buy Online