Resource Management (Simplifying and Streamlining) Amendment Act 2009

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Reprint as at 1 July 2013

Resource Management (Simplifying and Streamlining) Amendment Act 2009

Public Act2009 No 31
Date of assent22 September 2009
Commencementsee section 2

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry for the Environment.


Contents

1 Title

2 Commencement

3 Principal Act amended

Part 1
Amendments to principal Act

4 Interpretation

5 New section 2AA inserted

6 Act to bind the Crown

7 New section 9 substituted

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18 Sections 19 and 20 and heading above section 19 repealed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

20 Certain existing lawful activities allowed

21 New section 22 substituted

22 Functions of Minister for the Environment

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

24 New section 25B inserted

25 Functions of Minister of Conservation

26 New section 28A substituted

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

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

42 New sections 43AA to 43AAC inserted

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

46 Minister chooses process

47 Board of inquiry

48 New section 47A inserted

49 Conduct of hearing

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

51 New section 51A inserted

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

61 Section 77C repealed

62 New section 77D substituted

63 Section 78A repealed

64 New section 79 substituted

65 Circumstance when further review required

66 New section 80 substituted

67 Disputes

68 New heading and sections 86A to 86G inserted

69 New sections 87A to 87I inserted

70 Description of type of activity to remain same

71 New sections 88B to 88E substituted

72 New section 89A inserted

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

77 New section 96 substituted

78 New section 100A inserted

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

83 Consideration of applications

84 Determination of applications for controlled activities

85 New section 104C substituted

86 Decisions on applications to be in writing, etc

87 New section 115 substituted

88 When resource consent commences

89 New section 117 substituted

90 Sections 118 and 119 repealed

91 New section 119A substituted

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

100 New Part 6AA substituted

Matter lodged with local authority

Matter lodged with EPA

General provisions for matter lodged with local authority or EPA

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

Matter decided by board of inquiry

Matter decided by Environment Court

Appeals

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

Minister makes direction to refer matter to local authority

Minister's powers to intervene in matter

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

Costs of processes under this Part

101 Publication, etc, of Order in Council

102 Notice of requirement for designation by territorial authority

103 New section 169 substituted

104 Recommendation by territorial authority

105 Appeals

106 New section 175 substituted

107 Effect of designation

108 Land subject to existing designation or heritage order

109 New section 178 substituted

110 Appeals relating to sections 176 to 178

111 Transfer of rights and responsibilities for designations

112 New section 189A substituted

113 New section 190 substituted

114 Recommendation by territorial authority

115 Application of other sections

116 Land subject to existing heritage order or designation

117 New section 194 substituted

118 New section 195A inserted

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

131 Section 289 repealed

132 New section 290AA inserted

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

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 1Transitional 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 2Other 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

Reprint notes


The Parliament of New Zealand enacts as follows: