Resource Management (Simplifying and Streamlining) Amendment Act 2009

  • This version was replaced on 27 January 2017 to make a correction to the section 119 heading under section 25(1)(j)(iii) of the Legislation Act 2012.

Reprint as at 4 September 2013

Coat of Arms of New Zealand

Resource Management (Simplifying and Streamlining) Amendment Act 2009

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

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry for the Environment.

Contents

1Title
2Commencement
3Principal Act amended
4Interpretation
5New section 2AA inserted
2AADefinitions relating to notification
6Act to bind the Crown
7New section 9 substituted
9Restrictions on use of land
8Certain existing uses in relation to land protected
9Certain existing activities allowed
10Certain existing building works allowed
11Restrictions on subdivision of land
12Restrictions on use of coastal marine area
13Restriction on certain uses of beds of lakes and rivers
14Restrictions relating to water
15Discharge of contaminants into environment
16Duty to avoid unreasonable noise
17Duty to avoid, remedy, or mitigate adverse effects
18Sections 19 and 20 and heading above section 19 repealed
19New heading inserted
20Certain existing lawful activities allowed
21New section 22 substituted
22Duty to give certain information
22Functions of Minister for the Environment
23Power of Minister for the Environment to investigate and make recommendations
24New section 25B inserted
25BMinisters may direct commencement of review
25Functions of Minister of Conservation
26New section 28A substituted
28ARegional council must supply information to Minister of Conservation
27Delegation of functions by Ministers
28Delegation of powers and functions to employees and other persons
29Duty to gather information, monitor, and keep records
30Duty to keep records about iwi and hapu
31Administrative charges
32New section 36AA inserted
36AALocal authority policy on discounting administrative charges
33Requirements for waivers and extensions
34Persons to have powers of consent authority for purposes of sections 37 and 37A
35Authorisation and responsibilities of enforcement officers
36Hearings to be public and without unnecessary formality
37Directions to provide evidence within time limits
38Directions and requests before or at hearings
39Protection of sensitive information
40Reports to local authority
41New Part 4A inserted
42BEstablishment of Environmental Protection Authority
42CFunctions of EPA
42DSecretary for the Environment to exercise functions of EPA
42New sections 43AA to 43AAC inserted
43AAInterpretation
43AABMeaning of district rule and regional rule
43AACMeaning of proposed plan
43Additional powers to implement national environmental standards
44Relationship between national environmental standards and rules or consents
45New sections 44 and 44A substituted
44Restriction on power to make national environmental standards
44ALocal authority recognition of national environmental standards
46Minister chooses process
47Board of inquiry
48New section 47A inserted
47ABoard of inquiry to suspend consideration or consider additional material
49Conduct of hearing
50Matters to be considered and board of inquiry’s report
51New section 51A inserted
51AWithdrawal of proposed national policy statement
52Consideration of recommendations and approval of statement
53Local authority recognition of national policy statements
54Contents of New Zealand coastal policy statements
55Matters to be considered by regional council (policy statements)
56Matters to be considered by regional council (plans)
57Regional rules
58Matters to be considered by territorial authority
59District rules
60New sections 77A and 77B substituted
77APower to make rules to apply to classes of activities and specify conditions
77BDuty to include certain rules in relation to controlled or restricted discretionary activities
61Section 77C repealed
62New section 77D substituted
77DRules specifying activities for which consent applications must be notified or are precluded from being notified
63Section 78A repealed
64New section 79 substituted
79Review of policy statements and plans
65Circumstance when further review required
66New section 80 substituted
80Combined regional and district documents
67Disputes
68New heading and sections 86A to 86G inserted
86APurpose of sections 86B to 86G
86BWhen rules in proposed plans and changes have legal effect
86CWhen rule has legal effect if decision to delay its effect is rescinded
86DEnvironment Court may order rule to have legal effect from date other than standard date
86ELocal authorities must identify rules having early or delayed legal effect
86FWhen rules in proposed plans must be treated as operative
86GRule that has not taken legal effect or become operative excluded from references to rule in this Act and regulations made under this Act
69New sections 87A to 87I inserted
87AClasses of activities
87BCertain activities to be treated as discretionary activities or prohibited activities
87CSections 87D to 87I apply to resource consent applications
87DRequest for application to go directly to Environment Court
87EConsent authority’s decision on request
87FConsent authority’s subsequent processing
87GEnvironment Court determines application
87HResidual powers of consent authority
87IWhen consent authority must determine application
70Description of type of activity to remain same
71New sections 88B to 88E substituted
88BTime limits from which time periods are excluded
88CExcluded time periods relating to provision of further information
88DExcluded time periods relating to direct referral (for resource consents and also for notices of requirement)
88EExcluded time periods relating to other matters
72New section 89A inserted
89AApplications affecting navigation to be referred to Maritime New Zealand
73Further information, or agreement, may be requested
74Responses to request
75Responses to notification
76New heading and sections 93 to 95F substituted
95Time limit for public notification or limited notification
95APublic notification of consent application at consent authority’s discretion
95BLimited notification of consent application
95CPublic notification of consent application after request for further information or report
95DConsent authority decides if adverse effects likely to be more than minor
95EConsent authority decides if person is affected person
95FConsent authority decides if person is affected order holder
77New section 96 substituted
96Making submissions
78New section 100A inserted
100AHearing by commissioner if requested by applicant or submitter
79Hearing date and notice
80Joint hearings by 2 or more consent authorities
81Combined hearings in respect of 2 or more applications
82New section 103A inserted
103ATime limit for completion of adjourned hearing
83Consideration of applications
84Determination of applications for controlled activities
85New section 104C substituted
104CDetermination of applications for restricted discretionary activities
86Decisions on applications to be in writing, etc
87New section 115 substituted
115Time limits for notification of decision
88When resource consent commences
89New section 117 substituted
117Application to carry out restricted coastal activity
90Sections 118 and 119 repealed
91New section 119A substituted
119ACoastal permit for restricted coastal activity treated as if granted by regional council
92Right to appeal
93Procedure for appeal
94Circumstances when consent conditions can be reviewed
95Notice of review
96Public notification, submissions, and hearing, etc
97Matters to be considered in review
98Decisions on review of consent conditions
99New section 139 substituted
139Consent authorities and Environmental Protection Authority to issue certificates of compliance
100New Part 6AA substituted
140Outline of this Part
141Interpretation
142Minister may call in matter that is or is part of proposal of national significance
143Restriction on when local authority may request call in
144Restriction on when Minister may call in matter
145Matter lodged with EPA
146EPA to recommend course of action to Minister
147Minister makes direction after EPA recommendation
148Proposals relating to coastal marine area
149EPA may request further information or commission report
149AEPA must serve Minister’s direction on local authority and applicant
149BLocal authority’s obligations if matter called in
149CEPA must give public notice of Minister’s direction
149DMinister may instruct EPA to delay giving public notice pending application for additional consents
149EEPA to receive submissions on matter if public notice of direction has been given
149FEPA to receive further submissions if matter is request, change, or variation
149GEPA must provide board or Court with necessary information
149HLocal authority may not notify further change or variation in certain circumstances
149ILimitation on withdrawal of change or variation
149JMinister to appoint board of inquiry
149KHow members appointed
149LConduct of inquiry
149MProcess if matter is request for regional plan or change and particular circumstances apply
149NProcess if section 149M applies or proposed plan or change not yet prepared
149OPublic notice and submissions where EPA receives proposed plan or change from local authority under section 149N
149PConsideration of matter by board
149QBoard to produce draft report
149RBoard to produce final report
149SMinister may extend time by which board must report
149TMatter referred to Environment Court
149UConsideration of matter by Environment Court
149VAppeal from decisions only on question of law
149WLocal authority to implement decision of board or Court about proposed regional plan or change or variation
149XResidual powers of local authority
149YEPA must refer matter to local authority if direction made by Minister
149ZLocal authority must process referred matter
149ZAMinister’s powers to intervene in matter
149ZBHow EPA must deal with certain applications and notices of requirement
149ZCMinister to decide whether application or notice of requirement to be notified
149ZDCosts of processes under this Part recoverable from applicant
149ZERemuneration, allowances, and expenses of boards of inquiry
101Publication, etc, of Order in Council
102Notice of requirement for designation by territorial authority
103New section 169 substituted
169Further information, notification, submissions, and hearing for notice of requirement to territorial authority
104Recommendation by territorial authority
105Appeals
106New section 175 substituted
175Designation to be provided for in district plan
107Effect of designation
108Land subject to existing designation or heritage order
109New section 178 substituted
178Interim effect of requirements for designations
110Appeals relating to sections 176 to 178
111Transfer of rights and responsibilities for designations
112New section 189A substituted
189ANotice of requirement for heritage order by territorial authority
113New section 190 substituted
190Further information, notification, submissions, and hearing for notice of requirement to territorial authority
114Recommendation by territorial authority
115Application of other sections
116Land subject to existing heritage order or designation
117New section 194 substituted
194Interim effect of requirement
118New section 195A inserted
195AAlteration of heritage order
119New sections 198A to 198M and heading inserted
198ASections 198B to 198G apply to requirements under section 168 or 189
198BRequiring authority or heritage protection authority’s request
198CTerritorial authority’s decision on request
198DTerritorial authority’s subsequent processing
198EEnvironment Court decides
198FResidual powers of territorial authority
198GWhen territorial authority must deal with requirement
198HSections 198I to 198M apply to requirements under section 168A or 189A
198ITerritorial authority’s decision
198JTerritorial authority’s subsequent processing
198KEnvironment Court decides
198LResidual powers of territorial authority
198MWhen territorial authority must deal with requirement
120Special tribunal
121Submissions to special tribunal
122Conduct of hearing
123Territorial authority to issue consent notice
124Restrictions upon deposit of survey plan
125Consent authority approval of plan of survey of reclamation
126Restrictions on deposit of plan of survey for reclamation
127Appointment of Environment Judges and alternate Environment Judges
128Representation at proceedings
129Section 284A repealed
130New section 285 substituted
285Awarding costs
131Section 289 repealed
132New section 290AA inserted
290AAPowers of Court in regard to certain appeals under clause 14 of Schedule 1
133Environment Court may order change to policy statements and plans
134Appeals to Court of Appeal
135New Part 11A inserted
308AIdentification of trade competitors and surrogates
308BLimit on making submissions
308CLimit on representation at appeals
308DLimit on appealing under this Act
308EProhibition on using surrogate
308FSurrogate must disclose status
308GDeclaration that Part contravened
308HCosts orders if declaration made
308IProceedings for damages in High Court
136Appeals
137Power of entry for inspection
138Offences against this Act
139Penalties
140Liability of principal for acts of agents
141Service of documents
142New section 357 substituted
357Right of objection against certain decisions
143Right of objection to consent authority against certain decisions or requirements
144Procedure for making and hearing objection under sections 357 to 357B
145Decision on objections made under sections 357 to 357B
146Appeals against certain decisions or objections
147Regulations
148Section 395 repealed
149Amendments to Schedule 1 of principal Act
150Minor amendments
151Legal effect of rules
152Existing rules providing for protection of trees [Repealed]
153National environmental standards
154National policy statements
155Proposals of national significance called in
156Restricted coastal activities
157Notices of requirement
158Enforcement proceedings
159Outstanding applications for resource consent where further information requested
160Applications and matters lodged before commencement
161Certain proposed policy statements or plans, changes, and variations publicly notified before commencement
162Consequential amendments to Costs in Criminal Cases Act 1967
163Consequential amendments to Crown Organisations (Criminal Liability) Act 2002
164Consequential amendment to Incorporated Societies Act 1908
165Consequential amendment to Local Government Official Information and Meetings Act 1987
166Consequential amendments to Sentencing Act 2002
Reprint notes

The Parliament of New Zealand enacts as follows: