“Crown organisation has the same meaning as in section 4 of the Crown Organisations (Criminal Liability) Act 2002

“employee includes,—

• “(a) in relation to a Crown organisation, the chief executive or principal officer (however described) of the organisation; and

• “(b) in relation to the New Zealand Defence Force, a member of the Armed Forces (as defined in section 2(1) of the Defence Act 1990)

“Environmental Protection Authority or EPA means the Environmental Protection Authority established under section 42B

“proposed policy statement has the meaning given in section 43AA

“use,—

• “(a) in sections 9, 10, 10A, 10B, 81(2), 176(1)(b)(i), and 193(a), means—

  • “(i) alter, demolish, erect, extend, place, reconstruct, remove, or use a structure or part of a structure in, on, under, or over land:

  • “(ii) drill, excavate, or tunnel land or disturb land in a similar way:

  • “(iii) damage, destroy, or disturb the habitats of plants or animals in, on, or under land:

  • “(iv) deposit a substance in, on, or under land:

  • “(v) any other use of land; and

• “(b) in sections 9, 10A, 81(2), 176(1)(b)(i), and 193(a), also means to enter onto or pass across the surface of water in a lake or river”.

“applicant,—

• “(a) in sections 37A, 40, 41B, 41C, and 42A means—

  • “(i) for the purposes of a review of consent conditions, the consent holder; or

  • “(ii) for any matter described in section 39(1) except for section 39(1)(c), the person who initiates the matter:

• “(b) in section 96, means the person who—

  • “(i) initiates a matter described in section 39(1)(b) or (d); or

  • “(ii) holds a resource consent referred to in section 39(1)(c); or

  • “(iii) initiates a requirement for a designation:

• “(c) in Part 6AA, has the meaning given in section 141”.

“change has the meaning given in section 43AA”.

“contaminated land means land that has a hazardous substance in or on it that—

• “(a) has significant adverse effects on the environment; or

• “(b) is reasonably likely to have significant adverse effects on the environment”.

“district plan has the meaning given in section 43AA”.

“district rule has the meaning given in section 43AAB”.

“land—

• “(a) includes land covered by water and the air space above land; and

• “(b) in a national environmental standard dealing with a regional council function under section 30 or a regional rule, does not include the bed of a lake or river; and

• “(c) in a national environmental standard dealing with a territorial authority function under section 31 or a district rule, includes the surface of water in a lake or river”.

“operative has the meaning given in section 43AA”.

“plan has the meaning given in section 43AA”.

“policy statement has the meaning given in section 43AA”.

“proposed plan has the meaning given in section 43AAC”.

“public notice—

• “(a) means a notice published in a newspaper circulating in the entire area likely to be affected by the proposal to which the notice relates; and

• “(b) if a local authority also publishes a notice on an Internet site to which the public have free access, includes that notice”.

“regional coastal plan has the meaning given in section 43AA”.

“regional plan has the meaning given in section 43AA”.

“regional policy statement has the meaning given in section 43AA”.

“regional rule has the meaning given in section 43AAB”.

“restricted coastal activity means any discretionary activity or non-complying activity that, in accordance with section 68, is stated by a regional coastal plan to be a restricted coastal activity”.

“rule has the meaning given in section 43AA”.

“submission means a written or electronic submission”.

“survey plan has the meaning set out in the following paragraphs, in which cadastral survey dataset has the same meaning as in section 4 of the Cadastral Survey Act 2002:

• “(a) survey plan means—

  • “(i) a cadastral survey dataset of subdivision of land, or a building or part of a building, prepared in a form suitable for deposit under the Land Transfer Act 1952; and

  • “(ii) a cadastral survey dataset of a subdivision by or on behalf of a Minister of the Crown of land not subject to the Land Transfer Act 1952:

• “(b) survey plan includes—

  • “(i) a unit plan; and

  • “(ii) a cadastral survey dataset to give effect to the grant of a cross lease or company lease”.

“variation has the meaning given in section 43AA”.

“2AA Definitions relating to notification

• “(1) The definitions in subsection (2) apply only in relation to—

  • “(a) an application for a resource consent for an activity; or

  • “(b) any of the following matters:

    • “(i) a review of a resource consent:

    • “(ii) an application to change or cancel a condition of a resource consent:

    • “(iii) a notice of requirement for a designation or heritage order:

    • “(iv) a notice of requirement to alter a designation or heritage order:

    • “(v) an application or proposal to vary or cancel an instrument creating an esplanade strip:

    • “(vi) a matter of creating an esplanade strip by agreement.

  “(2) In this Act, unless the context requires another meaning,—

  “affected order holder means the holder of a customary rights order who, under section 95F, is decided to be an affected order holder in relation to the application or matter

  “affected person means a person who, under section 95E, is decided to be an affected person in relation to the application or matter

  “limited notification means serving notice of the application or matter on any affected person or affected order holder within the time limit specified by section 95

  “notification means public notification or limited notification of the application or matter

  “public notification means doing the following within the time limit specified by section 95:

  • “(a) giving public notice of the application or matter in the prescribed form; and

  • “(b) serving notice of the application or matter on every prescribed person.”

• “(1) This Act binds the Crown, except as provided in this section.”

• “(5) An abatement notice or excessive noise direction may be served or issued against an instrument of the Crown, in accordance with this Act, only if—

  • “(a) it is a Crown organisation; and

  • “(b) the notice or direction is served or issued against the Crown organisation in its own name.

• “(6) An enforcement order may be made against an instrument of the Crown, in accordance with this Act, only if—

  • “(a) it is a Crown organisation; and

  • “(b) a local authority applies for the order; and

  • “(c) the order is made against the Crown organisation in its own name.

• “(7) Subsections (5) and (6) apply despite section 17(1)(a) of the Crown Proceedings Act 1950.

• “(8) An instrument of the Crown may be served with an infringement notice, in accordance with this Act, only if—

  • “(a) it is liable to be proceeded against for the alleged offence under subsection (9); and

  • “(b) the notice is served against the Crown organisation in its own name.

• “(9) An instrument of the Crown may be prosecuted for an offence against this Act only if—

  • “(a) it is a Crown organisation; and

  • “(b) the offence is alleged to have been committed by the Crown organisation; and

  • “(c) the proceedings are commenced—

    • “(i) by a local authority or an enforcement officer; and

    • “(ii) against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and

    • “(iii) in accordance with the Crown Organisations (Criminal Liability) Act 2002.

• “(10) However, subsections (8) and (9) are subject to section 8(4) of the Crown Organisations (Criminal Liability) Act 2002 (which provides that a court may not sentence a Crown organisation to pay a fine in respect of an offence against this Act).

• “(11) If a Crown organisation is not a body corporate, it is to be treated as if it were a separate legal personality for the purposes of—

  • “(a) serving or issuing an abatement notice or excessive noise direction against it; and

  • “(b) making an enforcement order against it; and

  • “(c) serving an infringement notice on it; and

  • “(d) enforcing an abatement notice, excessive noise direction, enforcement order, or infringement notice in relation to it.

• “(12) Except to the extent and in the manner provided for in subsections (5) to (11), the Crown may not—

  • “(a) be served or issued with an abatement notice or excessive noise direction; or

  • “(b) have an enforcement order made against it; or

  • “(c) be served with an infringement notice; or

  • “(d) be prosecuted for an offence against this Act.”

“9 Restrictions on use of land

• “(1) No person may use land in a manner that contravenes a national environmental standard unless the use—

  • “(a) is expressly allowed by a resource consent; or

  • “(b) is allowed by section 10; or

  • “(c) is an activity allowed by section 10A; or

  • “(d) is an activity allowed by section 20A.

  “(2) No person may use land in a manner that contravenes a regional rule unless the use—

  • “(a) is expressly allowed by a resource consent; or

  • “(b) is an activity allowed by section 20A.

  “(3) No person may use land in a manner that contravenes a district rule unless the use—

  • “(a) is expressly allowed by a resource consent; or

  • “(b) is allowed by section 10; or

  • “(c) is an activity allowed by section 10A.

  “(4) No person may contravene section 176, 178, 193, or 194 unless the person obtains the prior written consent of the requiring authority or the heritage protection authority.

  “(5) This section applies to overflying by aircraft only to the extent to which noise emission controls for airports have been prescribed by a national environmental standard or set by a territorial authority.

  “(6) This section does not apply to use of the coastal marine area.”

• “(4) Section 10(4) and (5) apply to this section.”

• “(a) both, first, expressly allowed by a national environmental standard, a rule in a district plan as well as a rule in a proposed district plan for the same district (if there is one), or a resource consent and, second, shown on one of the following:

  • “(i) a survey plan, as defined in paragraph (a)(i) of the definition of survey plan in section 2(1), deposited under Part 10 by the Registrar-General of Land; or

  • “(ii) a survey plan, as defined in paragraph (a)(ii) of the definition of survey plan in section 2(1), approved as described in section 228 by the Chief Surveyor; or

  • “(iii) a survey plan, as defined in paragraph (b) of the definition of survey plan in section 2(1), deposited under Part 10 by the Registrar-General of Land; or”.

• “(5) This section applies to overflying by aircraft only to the extent to which noise emission controls for airports within the coastal marine area have been prescribed by a national environmental standard or set by a regional council.”

• “(2) No person may do an activity described in subsection (2A) in a manner that contravenes a national environmental standard or a regional rule unless the activity—

  • “(a) is expressly allowed by a resource consent; or

  • “(b) is an activity allowed by section 20A.

• “(2A) The activities are—

  • “(a) to enter onto or pass across the bed of a lake or river:

  • “(b) to damage, destroy, disturb, or remove a plant or a part of a plant, whether exotic or indigenous, in, on, or under the bed of a lake or river:

  • “(c) to damage, destroy, disturb, or remove the habitats of plants or parts of plants, whether exotic or indigenous, in, on, or under the bed of a lake or river:

  • “(d) to damage, destroy, disturb, or remove the habitats of animals in, on, or under the bed of a lake or river.”

• “(1) No person may take, use, dam, or divert any open coastal water, or take or use any heat or energy from any open coastal water, in a manner that contravenes a national environmental standard or a regional rule unless the activity—

  • “(a) is expressly allowed by a resource consent; or

  • “(b) is an activity allowed by section 20A.

• “(2) No person may take, use, dam, or divert any of the following, unless the taking, using, damming, or diverting is allowed by subsection (3):

  • “(a) water other than open coastal water; or

  • “(b) heat or energy from water other than open coastal water; or

  • “(c) heat or energy from the material surrounding geothermal water.”

• “(2) No person may discharge a contaminant into the air, or into or onto land, from a place or any other source, whether moveable or not, in a manner that contravenes a national environmental standard unless the discharge—

  • “(a) is expressly allowed by other regulations; or

  • “(b) is expressly allowed by a resource consent; or

  • “(c) is an activity allowed by section 20A.

• “(2A) No person may discharge a contaminant into the air, or into or onto land, from a place or any other source, whether moveable or not, in a manner that contravenes a regional rule unless the discharge—

  • “(a) is expressly allowed by a national environmental standard or other regulations; or

  • “(b) is expressly allowed by a resource consent; or

  • “(c) is an activity allowed by section 20A.”

• “(2) A national environmental standard, plan, or resource consent made or granted for the purposes of any of sections 9, 12, 13, 14, 15, 15A, and 15B may prescribe noise emission standards, and is not limited in its ability to do so by subsection (1).”

• “(1) Every person has a duty to avoid, remedy, or mitigate any adverse effect on the environment arising from an activity carried on by or on behalf of the person, whether or not the activity is carried on in accordance with—

  • “(a) any of sections 10, 10A, 10B, and 20A; or

  • “(b) a national environmental standard, a rule, a resource consent, or a designation.”

“Certain existing lawful activities allowed”.

“22 Duty to give certain information

• “(1) This section applies when an enforcement officer has reasonable grounds to believe that a person (person A) is breaching or has breached any of the obligations under this Part.

  “(2) The enforcement officer may direct person A to give the officer the following information:

  • “(a) if person A is a natural person, his or her full name, address, and date of birth:

  • “(b) if person A is not a natural person, person A's full name and address.

  “(3) The enforcement officer may also direct person A to give the officer the following information about a person (person B) on whose behalf person A is breaching or has breached the obligations under this Part:

  • “(a) if person B is a natural person, his or her full name, address, and date of birth:

  • “(b) if person B is not a natural person, person B's full name and address.”

• “(c) to decide whether to intervene in a matter, or to make a direction for a matter that is or is part of a proposal of national significance, under Part 6AA:”.

“25B Ministers may direct commencement of review

• “(1) The Minister may direct a regional council to commence a review of the whole or any part of its regional plan (except its regional coastal plan) and, if he or she does so, must specify a reasonable period within which the review must commence.

  “(2) The Minister of Conservation may direct a regional council to commence a review of the whole or any part of its regional coastal plan and, if he or she does so, must specify a reasonable period within which the review must commence.

  “(3) The Minister may direct a territorial authority to commence a review of the whole or any part of its district plan and, if he or she does so, must specify a reasonable period within which the review must commence.

  “(4) For the purposes of subsections (1) to (3), section 79(5) to (9) apply to the review with any necessary modification.”

“28A Regional council must supply information to Minister of Conservation

• “(1) The Minister of Conservation may, if it is reasonable to do so, require a regional council to supply information about the regional council's monitoring of—

  • “(a) a coastal permit relating to its region; or

  • “(b) its regional coastal plan; or

  • “(c) the exercise of a recognised customary activity in its region.

  “(2) The Minister of Conservation must request the required information by giving a written and dated notice to the regional council.

  “(3) The council must supply the information to the Minister of Conservation within—

  • “(a) 20 working days of the date of the notice; or

  • “(b) a longer time set by the Minister of Conservation.

  “(4) The council must not charge for supplying the information.”

• “(a) certifying any work or activity under section 4:

• “(b) appointing persons to exercise powers or perform functions or duties in place of a local authority under section 25:

• “(c) recommending the making of a national environmental standard under section 44:

• “(d) recommending the approval, change, or revocation of a national policy statement or a New Zealand coastal policy statement under section 52, 53, or 57:

• “(e) the following functions, powers, and duties under Part 6AA:

  • “(i) deciding whether to make a direction under section 142(2) or 147(1) in relation to a matter that is or is part of a proposal of national significance:

  • “(ii) appointing a board of inquiry under section 149J to consider a matter for which a direction has been made under section 142(2) or 147(1)(a):

  • “(iii) extending the time by which a board of inquiry must produce a final report on a matter for which a direction has been made under section 142(2) or 147(1)(a):

  • “(iv) deciding whether to intervene in a matter under section 149ZA:

  • “(v) deciding under section 149ZC whether to notify an application or notice of requirement to which section 149ZB applies:

• “(f) recommending the making of an Order in Council under section 150C:

• “(g) recommending the making of an Order in Council under section 165O:

• “(h) approving an applicant as a requiring authority under section 167:

• “(i) approving an applicant as a heritage protection authority under section 188:

• “(j) recommending the issue or amendment of a water conservation order under section 214 or 216:

• “(k) recommending the appointment of an Environment Judge or alternate Environment Judge under section 250:

• “(l) recommending the appointment of the Principal Environment Judge under section 251:

• “(m) recommending the appointment of an Environment Commissioner or Deputy Environment Commissioner under section 254:

• “(n) recommending the making of regulations under section 360:

• “(o) approving a regional coastal plan under clause 19 of Schedule 1:

• “(p) making a decision on any controls to be imposed on a recognised customary activity under Schedule 12:

• “(q) this power of delegation.”

• “(4) The Minister may, in writing, delegate to the Environmental Protection Authority his or her functions, powers, and duties under Part 6AA and sections 357B to 357D except the following:

  • “(a) deciding whether to make a direction under section 142(2) or 147(1) in relation to a matter that is or is part of a proposal of national significance:

  • “(b) appointing a board of inquiry under section 149J to consider a matter for which a direction has been made under section 142(2) or 147(1)(a):

  • “(c) extending the time by which a board of inquiry must produce a final report on a matter for which a direction has been made under section 142(2) or 147(1)(a):

  • “(d) deciding whether to intervene in a matter under section 149ZA:

  • “(e) deciding under section 149ZC whether to notify an application or notice of requirement to which section 149ZB applies.

• “(5) A delegation under subsection (4)—

  • “(a) is revocable at will, but the revocation does not take effect until it is communicated in writing to the EPA; and

  • “(b) does not prevent the Minister from performing the functions or duties, or exercising the powers, concerned.”

• “(a) the approval of a proposed policy statement or plan under clause 17 of Schedule 1:”.

• “(aa) charges payable by an applicant who makes a request under section 100A in relation to an application for a resource consent, even if 1 or more submitters also make a request, for the cost of the application being heard and decided in accordance with the request:

• “(ab) charges payable if 1 or more submitters make a request under section 100A in relation to an application for a resource consent, but the applicant does not also make a request, as follows:

  • “(i) charges payable by the applicant for the amount that the local authority estimates it would cost for the application to be heard and decided if the request had not been made; and

  • “(ii) charges payable by the submitters who made a request for equal shares of any amount by which the cost of the application being heard and decided in accordance with the request exceeds the amount payable by the applicant under subparagraph (i):

• “(ac) charges payable by a requiring authority or heritage protection authority who makes a request under section 100A in relation to a notice of requirement, even if 1 or more submitters also make a request, for the cost of the requirement being heard and decided or recommended on in accordance with the request:

• “(ad) charges payable if 1 or more submitters make a request under section 100A in relation to a notice of requirement, but the requiring authority or heritage protection authority does not also make a request, as follows:

  • “(i) charges payable by the requiring authority or heritage protection authority for the amount that the local authority estimates it would cost for the requirement to be heard and decided or recommended on if the request had not been made; and

  • “(ii) charges payable by the submitters who made a request for equal shares of any amount by which the cost of the requirement being heard and decided or recommended on in accordance with the request exceeds the amount payable by the authority under subparagraph (i):”.

• “(iv) the review is carried out under section 128(2).”

• “(8) However, subsection (7) does not apply to a charge to which subsection (1)(ab)(ii), (ad)(ii), or (cb)(iv) applies (relating to independent hearings commissioners requested by submitters or reviews required by a court order).”

“36AA Local authority policy on discounting administrative charges

• “(1) A local authority may provide a discount on an administrative charge imposed under section 36 in accordance with regulations made under section 360(1)(hj).

  “(2) The Minister must recommend to the Governor-General within 9 months of the commencement of section 32 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 that regulations be made under section 360(1)(hj) and the Minister must, before making the recommendation, consult with local authorities about the proposed regulations.

  “(3) A local authority may adopt, in accordance with the special consultative procedure set out in section 83 of the Local Government Act 2002, a policy in respect of discounting administrative charges imposed under section 36 of this Act in the circumstances where—

  • “(a) an application for a resource consent or an application to change or cancel conditions under section 127 is not processed within the time frames set out in this Act; and

  • “(b) the responsibility for the failure rests with the local authority.

  “(4) The policy must specify—

  • “(a) the discount, or the method for determining the discount, that would be given for any application fees or charges paid or owing; and

  • “(b) the procedure an applicant must follow to obtain the discount.

  “(5) If a discount in a policy adopted under subsection (3) is more generous than that provided for in the regulations the local authority may comply with the policy instead of the regulations.”

• “(3) Instead of subsections (1) and (2), subsections (4) and (5) apply to an extension of a time limit imposed on a consent authority in respect of—

  • “(a) an application for a resource consent; or

  • “(b) an application to change or cancel a condition of a resource consent; or

  • “(c) a review of a resource consent.

• “(4) A consent authority may extend a time period under section 37 only if—

  • “(a) the time period as extended does not exceed twice the maximum time period specified in this Act; and

  • “(b) either—

    • “(i) special circumstances apply (including special circumstances existing by reason of the scale or complexity of the matter); or

    • “(ii) the applicant agrees to the extension; and

  • “(c) the authority has taken into account the matters specified in subsection (1).

• “(5) A consent authority may extend a time period under section 37 so that the extended period exceeds twice the maximum time period specified in the Act only if—

  • “(a) the applicant agrees to the extension; and

  • “(b) the authority has taken into account the matters specified in subsection (1).

• “(6) A consent authority or a local authority must ensure that every person who, in its opinion, is directly affected by the extension of a time limit or the waiver of compliance with a time limit, a method of service, or the service of a document is notified of the extension or waiver.”

• “(a) the Minister, while carrying out any of his or her functions under Part 6AA:

• “(b) a board of inquiry appointed under section 149J, while carrying out its functions under Part 6AA, except in respect of the time periods and requirements under section 149R:

• “(ba) the EPA, while carrying out its functions under Part 6AA, except in respect of the time periods and requirements under section 146(1):”.

• “(a) compliance with a resource consent issued by that Minister under section 31A:”.

• “(e) a matter for which a direction has been made under section 142(2) or 147(1)(a); or”.

• “(fa) a requirement to alter a designation or heritage order; or”.

• “(5) If the authority has exercised a power under this section, section 101(2) does not apply. Instead, subsection (6) or (7) of this section applies.

• “(6) If section 87I, 198G, or 198N applies, the authority must hold the hearing no more than 30 working days after the date on which it knows that the section applies.

• “(7) In any other case, the authority must hold the hearing within 40 working days after the closing date for submissions.”

• “(5) The authority must provide a copy of any further information requested under subsection (2), and received before the hearing, to the applicant and every person who made a submission.

• “(5A) Subsection (5B) applies to—

  • “(a) any further information that—

    • “(i) is requested under subsection (2) or (3); and

    • “(ii) is received in writing or electronically after the start of the hearing; but

    • “(iii) is not given as evidence at the hearing; and

  • “(b) any report that is commissioned under subsection (4).

• “(5B) The authority must—

  • “(a) provide a copy of the further information or report to the applicant and every person who made a submission and stated a wish to be heard; and

  • “(b) make the further information or report available at its office to any person who made a submission and did not state a wish to be heard.

• “(5C) However, the authority does not need to provide further information to the applicant or submitter who provided the information.”

• “(b) local authority includes—

  • “(i) a board of inquiry appointed under section 47 or 149J:

  • “(ii) a community board:

  • “(iii) a public body:

  • “(iv) a special tribunal:

  • “(v) a person given authority to conduct hearings under any of sections 33, 34, 34A, 117, and 202.”

• “(1A) The report does not need to repeat material from an assessment of environmental effects provided by the applicant.

• “(1B) Instead, the report may—

  • “(a) adopt the whole assessment; or

  • “(b) adopt any part of the assessment by referring to the part adopted.”

• “(3) If the report is in writing, the local authority must provide a copy of it to the applicant, and to every person who made a submission and stated a wish to be heard at the hearing, so that they receive the copy—

  • “(a) at least 15 working days before the hearing, if the authority gives a direction under section 41B; or

  • “(b) at least 5 working days before the hearing, if the authority does not give a direction under section 41B.

• “(4) If the report is in writing, the authority must—

  • “(a) make the report available at its office to any person who made a submission and did not state a wish to be heard; and

  • “(b) give written or electronic notice to those submitters that the report is available at the authority's office.

• “(5) The local authority may waive compliance with—

  • “(a) subsection (3) if it is satisfied that there is no material prejudice, or is not aware of any material prejudice, to any person who should have been provided with a copy of the report under that subsection; or

  • “(b) subsection (4)(b) if it is satisfied that there is no material prejudice, or is not aware of any material prejudice, to any person who should have been given notice of the report under that paragraph.”

“Part 4A
“Environmental Protection Authority

“42B Establishment of Environmental Protection Authority

• This section establishes the Environmental Protection Authority.

“42C Functions of EPA

• The functions of the Environmental Protection Authority are—

  • “(a) to receive matters lodged under section 145:

  • “(b) to make recommendations to the Minister under section 146 or 149ZB in respect of a matter referred to in paragraph (a):

  • “(c) to make decisions under section 139 on applications for certificates of compliance for proposals or activities that are related to proposals of national significance:

  • “(d) to provide secretarial and support services to boards of inquiry appointed under section 149J:

  • “(e) to exercise any powers or perform any functions or duties delegated to it by the Minister under section 29(4):

  • “(f) to exercise any other functions specified in this Act.

“42D Secretary for the Environment to exercise functions of EPA

• “(1) The Environmental Protection Authority is an office within the Ministry for the Environment.

  “(2) The Secretary for the Environment has and may exercise all the powers and perform all the functions and duties of the Environmental Protection Authority.

  “(3) The Secretary for the Environment may delegate any function, duty, or power imposed upon him or her by the operation of subsection (2) to any employee of the Ministry for the Environment.

  “(4) In this section, Secretary for the Environment means the person appointed in accordance with section 29 of the Environment Act 1986 as the Secretary for the Environment (being the administrative head of the Ministry for the Environment).”

“43AA Interpretation

• In this Act, unless the context requires another meaning,—

  “change means—

  • “(a) a change proposed by a local authority to a policy statement or plan under clause 2 of Schedule 1; and

  • “(b) a change proposed by any person to a policy statement or plan by a request under clause 21 of Schedule 1

  “district plan—

  • “(a) means an operative plan approved by a territorial authority under Schedule 1; and

  • “(b) includes all operative changes to the plan (whether arising from a review or otherwise)

  “operative, in relation to a policy statement or plan, or a provision of a policy statement or plan, means that the policy statement, plan, or provision—

  • “(a) has become operative—

    • “(i) in terms of clause 20 of Schedule 1; or

    • “(ii) under section 86F; and

  • “(b) has not ceased to be operative

  “plan means a regional plan or a district plan

  “policy statement means a regional policy statement

  “proposed policy statement means a proposed policy statement that has been notified under clause 5 of Schedule 1 but has not become operative in terms of clause 20 of Schedule 1

  “regional coastal plan—

  • “(a) means an operative plan approved by the Minister of Conservation under Schedule 1; and

  • “(b) includes all operative changes to the plan (whether arising from a review or otherwise)

  “regional plan—

  • “(a) means an operative plan approved by a regional council under Schedule 1 (including all operative changes to the plan (whether arising from a review or otherwise)); and

  • “(b) includes a regional coastal plan

  “regional policy statement—

  • “(a) means an operative regional policy statement approved by a regional council under Schedule 1; and

  • “(b) includes all operative changes to the policy statement (whether arising from a review or otherwise)

  “rule means a district rule or a regional rule

  “variation means an alteration by a local authority under clause 16A of Schedule 1 to—

  • “(a) a proposed policy statement or plan; or

  • “(b) a change.

“43AAB Meaning of district rule and regional rule

• “(1) In this Act, unless the context otherwise requires, district rule means a rule made as part of a district plan or proposed district plan in accordance with section 76.

  “(2) Subsection (1) is subject to section 86B and clause 10(5) of Schedule 1.

  “(3) In this Act, unless the context otherwise requires, regional rule means a rule made as part of a regional plan or proposed regional plan in accordance with section 68.

  “(4) Subsection (3) is subject to section 86B and clause 10(5) of Schedule 1.

“43AAC Meaning of proposed plan

• “(1) In this Act, unless the context otherwise requires, proposed plan—

  • “(a) means a proposed plan, a variation to a proposed plan or change, or a change to a plan proposed by a local authority that has been notified under clause 5 of Schedule 1 but has not become operative in terms of clause 20 of Schedule 1; and

  • “(b) includes a proposed plan or a change to a plan proposed by a person under Part 2 of Schedule 1 that has been adopted by the local authority under clause 25(2)(a) of Schedule 1.

  “(2) Subsection (1) is subject to section 86B and clause 10(5) of Schedule 1.”

• “(7) A national environmental standard may specify the activities for which the consent authority—

  • “(a) must give public notification of an application for a resource consent:

  • “(b) is precluded from giving public notification of an application for a resource consent:

  • “(c) is precluded from giving limited notification of an application for a resource consent.”

• “(5) A land use consent or a subdivision consent granted before the date on which a national environmental standard is notified in the Gazette prevails over the standard.

• “(6) A coastal, water, or discharge permit granted before the date on which a national environmental standard is notified in the Gazette prevails over the standard until a review of the permit's conditions under section 128(1)(ba) results in some or all of the standard prevailing over the permit.

• “(7) This subsection applies to a resource consent not covered by subsection (5) or (6). The consent prevails over a national environmental standard if the application giving rise to the consent was the subject of a decision on whether to notify it before the date on which the standard is notified in the Gazette. However, the consent does not prevail if the standard expressly provides otherwise.”

“44 Restriction on power to make national environmental standards

• “(1) The Minister must follow the steps set out in subsection (2) before recommending the making of a national environmental standard to the Governor-General. Subsection (3) modifies this subsection.

  “(2) The steps are—

  • “(a) to notify the public and iwi authorities of—

    • “(i) the proposed subject matter of the standard; and

    • “(ii) the Minister's reasons for considering that the standard is consistent with the purpose of the Act; and

  • “(b) to establish a process that—

    • “(i) the Minister considers gives the public and iwi authorities adequate time and opportunity to comment on the proposed subject matter of the standard; and

    • “(ii) requires a report and recommendation to be made to the Minister on those comments and the proposed subject matter of the standard; and

  • “(c) to publicly notify the report and recommendation.

  “(3) The Minister need not follow the steps if the Minister is recommending the making of an amendment—

  • “(a) that has no more than a minor effect; or

  • “(b) that corrects errors or makes similar technical alterations.

“44A Local authority recognition of national environmental standards

• “(1) Subsections (3) to (5) apply if a local authority's plan or proposed plan contains a rule that duplicates a provision in a national environmental standard.

  “(2) Subsections (3) to (5) apply if a local authority's plan or proposed plan contains a rule that conflicts with a provision in a national environmental standard. A rule conflicts with a provision if—

  • “(a) both of the following apply:

    • “(i) the rule is more stringent than the provision in that it prohibits or restricts an activity that the provision permits or authorises; and

    • “(ii) the standard does not expressly say that a rule may be more stringent than it; or

  • “(b) the rule is more lenient than the provision.

  “(3) If the duplication or conflict is dealt with in the national environmental standard in one of the ways described in section 43A(1)(e), the local authority must amend the plan or proposed plan to remove the duplication or conflict—

  • “(a) without using the process in Schedule 1; and

  • “(b) in accordance with the specification in the national environmental standard.

  “(4) If the duplication or conflict arises as described in section 43A(5)(c), the local authority must amend the plan or proposed plan to remove the duplication or conflict—

  • “(a) without using the process in Schedule 1; and

  • “(b) as soon as practicable after the date on which the standard comes into force.

  “(5) In every other case of duplication or conflict, the local authority must amend the plan or proposed plan to remove the duplication or conflict—

  • “(a) without using the process in Schedule 1; and

  • “(b) as soon as practicable after the date on which the standard comes into force.

  “(6) A local authority may amend a plan or proposed plan to include a reference to a national environmental standard—

  • “(a) without using the process in Schedule 1; and

  • “(b) after the date on which the standard comes into force.

  “(7) Every local authority and consent authority must observe national environmental standards.

  “(8) Every local authority and consent authority must enforce the observance of national environmental standards to the extent to which their powers enable them to do so.”

• “(i) national environmental standards; and

• “(ia) other national policy statements; and”.

• “(3) A member of the board of inquiry is not liable for anything the member does, or omits to do, in good faith in performing or exercising the functions, duties, and powers of the board.”

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

• “(1) The Minister may, at any time before a board of inquiry reports to the Minister under section 51(2), do either or both of the following:

  • “(a) direct the board to suspend its inquiry for a specified period or until a specified event occurs (for example, until the Minister provides the board with additional material):

  • “(b) provide the board with additional material to consider.

  “(2) The Minister must give public notice of a direction under subsection (1)(a), including the reasons for the direction.

  “(3) A board of inquiry must suspend its inquiry in accordance with a direction under subsection (1)(a).”

• “(3) The Minister has the right to be heard at the hearing, despite anything in sections 39 to 42.

• “(4) To avoid doubt, subsection (3) does not limit the right of other persons to be heard under section 40.”

• “(ca) any additional material provided by the Minister under section 47A(1)(b); and”.

“51A Withdrawal of proposed national policy statement

• “(1) The Minister may withdraw all or part of a proposed national policy statement at any time before the statement is approved under section 52(2).

  “(2) The Minister must give public notice of the withdrawal, including the reasons for the withdrawal.

  “(3) If a board of inquiry has not reported to the Minister under section 51(2) before public notice is given—

  • “(a) withdrawing all matters the board was appointed to inquire into, the board is discharged on and from the date of the notice; or

  • “(b) withdrawing any, but not all, of the matters the board was appointed to inquire into, the board must inquire into and report on only the matters that have not been withdrawn, despite any other section of this Act.”

• “(1) The Minister must consider a report and any recommendations made to him or her by a board of inquiry under section 51 and then may—

  • “(a) make any changes, or no changes, to the proposed national policy statement as he or she thinks fit; or

  • “(b) withdraw all or part of the proposed national policy statement and give public notice of the withdrawal, including the reasons for the withdrawal.”

• “(c) provide every person who made a submission on the statement with a summary of the recommendations and a summary of the Minister’s decision on the recommendations (including reasons for not adopting any recommendations); and”.

• “(2) A local authority must amend a document, if a national policy statement directs so,—

  • “(a) to include specific objectives and policies set out in the statement; or

  • “(b) so that objectives and policies specified in the document give effect to objectives and policies specified in the statement.

• “(2A) The local authority must—

  • “(a) make the amendments referred to in subsection (2) without using the process in Schedule 1; and

  • “(b) give public notice of the amendments within 5 working days after making them.

• “(2B) The local authority must also make all other amendments to a document that are required to give effect to any provision in a national policy statement that affects the document.

• “(2C) The local authority must make the amendments referred to in subsection (2B) using the process in Schedule 1.

• “(2D) In all cases, the local authority must make the amendments—

  • “(a) as soon as practicable; or

  • “(b) within the time specified in the national policy statement (if any); or

  • “(c) before the occurrence of an event specified in the national policy statement (if any).”

• “(e) the matters to be included in 1 or more regional coastal plans in regard to the preservation of the natural character of the coastal environment, including the activities that are required to be specified as restricted coastal activities because the activities—

  • “(i) have or are likely to have significant or irreversible adverse effects on the coastal marine area; or

  • “(ii) relate to areas in the coastal marine area that have significant conservation value:”.

• “(4A) However, a rule must not prohibit or restrict the felling, trimming, damaging, or removal of any tree or group of trees in an urban environment unless the tree or group of trees is—

  • “(a) specifically identified in the plan; or

  • “(b) located within an area in the district that—

    • “(i) is a reserve (within the meaning of section 2(1) of the Reserves Act 1977); or

    • “(ii) is subject to a conservation management plan or conservation management strategy prepared in accordance with the Conservation Act 1987 or the Reserves Act 1977.

• “(4B) In subsection (4A), urban environment means an allotment no greater than 4000 m²—

  • “(a) that is connected to a reticulated water supply system and a reticulated sewerage system; and

  • “(b) on which is a building used for industrial or commercial purposes, or a dwellinghouse.”

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

• “(1) A local authority may—

  • “(a) categorise activities as belonging to one of the classes of activity described in subsection (2); and

  • “(b) make rules in its plan or proposed plan for each class of activity that apply—

    • “(i) to each activity within the class; and

    • “(ii) for the purposes of that plan or proposed plan; and

  • “(c) specify conditions in a plan or proposed plan, but only if the conditions relate to the matters described in section 108 or 220.

  “(2) An activity may be—

  • “(a) a permitted activity; or

  • “(b) a controlled activity; or

  • “(c) a restricted discretionary activity; or

  • “(d) a discretionary activity; or

  • “(e) a non-complying activity; or

  • “(f) a prohibited activity.

  “(3) Subsection (1)(b) is subject to section 77B.

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

• “(1) Subsection (2) applies if a local authority makes a rule in its plan or proposed plan classifying an activity as a controlled activity.

  “(2) The local authority must specify in the rule the matters over which it has reserved control in relation to the activity.

  “(3) Subsection (4) applies if a local authority makes a rule in its plan or proposed plan classifying an activity as a restricted discretionary activity.

  “(4) The local authority must specify in the rule the matters over which it has restricted its discretion in relation to the activity.”

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

• A local authority may make a rule specifying the activities for which the consent authority—

  • “(a) must give public notification of an application for a resource consent:

  • “(b) is precluded from giving public notification of an application for a resource consent:

  • “(c) is precluded from giving limited notification of an application for a resource consent.”

“79 Review of policy statements and plans

• “(1) A local authority must commence a review of a provision of any of the following documents it has, if the provision has not been a subject of a proposed policy statement or plan, a review, or a change by the local authority during the previous 10 years:

  • “(a) a regional policy statement:

  • “(b) a regional plan:

  • “(c) a district plan.

  “(2) If, after reviewing the provision, the local authority considers that it requires alteration, the local authority must, in the manner set out in Part 1 of Schedule 1 and this Part, propose to alter the provision.

  “(3) If, after reviewing the provision, the local authority considers that it does not require alteration, the local authority must still publicly notify the provision—

  • “(a) as if it were a change; and

  • “(b) in the manner set out in Part 1 of Schedule 1 and this Part.

  “(4) Without limiting subsection (1), a local authority may, at any time, commence a full review of any of the following documents it has:

  • “(a) a regional policy statement:

  • “(b) a regional plan:

  • “(c) a district plan.

  “(5) In carrying out a review under subsection (4), the local authority must review all the sections of, and all the changes to, the policy statement or plan regardless of when the sections or changes became operative.

  “(6) If, after reviewing the statement or plan under subsection (4), the local authority considers that it requires alteration, the local authority must alter the statement or plan in the manner set out in Part 1 of Schedule 1 and this Part.

  “(7) If, after reviewing the statement or plan under subsection (4), the local authority considers that it does not require alteration, the local authority must still publicly notify the statement or plan—

  • “(a) as if it were a proposed policy statement or plan; and

  • “(b) in the manner set out in Part 1 of Schedule 1 and this Part.

  “(8) A provision of a policy statement or plan, or the policy statement or plan, as the case may be, does not cease to be operative because the provision, statement, or plan is due for review or is being reviewed under this section.

  “(9) The obligations on a local authority under this section are in addition to its duty to monitor under section 35.”

“80 Combined regional and district documents

• “(1) Local authorities may prepare, implement, and administer the combined regional and district documents as set out in subsections (2) to (6).

  “(2) A local authority may prepare, implement, and administer a document that meets the requirements of 2 or more of the following:

  • “(a) a regional policy statement:

  • “(b) a regional plan, including a regional coastal plan:

  • “(c) a district plan.

  “(3) Two or more territorial authorities may prepare, implement, and administer a combined district plan for the whole or any part of their combined districts.

  “(4) Two or more regional councils may prepare, implement, and administer a document that meets the requirements of the following:

  • “(a) a regional plan, including a regional coastal plan, for the whole or any part of their combined regions:

  • “(b) a regional policy statement, for the whole or any part of their combined regions:

  • “(c) a regional plan, including a regional coastal plan, and a regional policy statement, for the whole or any part of their combined regions.

  “(5) One or more regional councils or territorial authorities may prepare, implement, and administer a combined regional and district plan for the whole or any part of their respective regions or districts.

  “(6) A regional council and all the territorial authorities within the region may prepare, implement, and administer a document that meets the requirements of the following:

  • “(a) a regional policy statement for the region; and

  • “(b) a regional plan, including a regional coastal plan, for the region; and

  • “(c) either—

    • “(i) a district plan for each of the territorial authorities; or

    • “(ii) a combined district plan for their combined districts.

  “(7) Without limiting subsections (1) to (6), local authorities must consider the preparation of the appropriate combined document under this section whenever significant cross-boundary issues relating to the use, development, or protection of natural and physical resources arise or are likely to arise.

  “(8) A combined document prepared under this section must clearly identify—

  • “(a) the provisions of the document that are the regional policy statement, the regional plan, the regional coastal plan, or the district plan, as the case may be; and

  • “(b) the objectives, policies, and methods set out or described in the document that have the effect of being provisions of the regional policy statement; and

  • “(c) which local authority is responsible for observing, and enforcing the observance of, each provision of the document.

  “(9) A combined document prepared under this section—

  • “(a) must be prepared in accordance with Schedule 1; and

  • “(b) when approved by a local authority is deemed, for the purposes of this Act, to be a plan or regional policy statement separately prepared and approved by that authority for its region or district, as the case may be.

  “(10) Subsection (9)(b) applies whether or not the combined document is approved by any of the other local authorities concerned.

  “(11) Clause 30 of Schedule 7 of the Local Government Act 2002 applies to the appointment and conduct of any joint committee set up for the purposes of preparing, implementing, or administering a combined document under this section.”

• “(3) If a dispute about whether there is an inconsistency described in subsection (1)(a) or (b) is referred to the Court, and the Court considers that there is an inconsistency, the Court must order the authority responsible for the policy statement or plan to remove the inconsistency by initiating a change to the policy statement or plan using the process in Schedule 1.

• “(4) If a dispute about whether a regional policy statement or a plan gives effect to a national policy statement or New Zealand coastal policy statement is referred to the Court, and the Court considers that the policy statement or plan does not give effect to the other policy statement, the Court must order the authority responsible for the policy statement or plan to amend it in accordance with section 55.

• “(5) However, the Court does not need to make an order under subsection (3) or (4) if it considers that the inconsistency, or failure to give effect to the other policy statement, is of minor significance that does not affect the general intent and purpose of the policy statement, plan, or water conservation order concerned.

• “(6) To avoid doubt, giving effect to a policy statement includes giving effect to it by complying with a direction described in section 55(2).”

“Legal effect of rules

“86A Purpose of sections 86B to 86G

• “(1) The purpose of sections 86B to 86G is to specify when a rule in a proposed plan or change described in section 86B(6) has legal effect.

  “(2) Except to the extent that subsection (1) applies, sections 86B to 86G do not limit or affect the weight that a consent authority gives to objectives, policies, and other issues, reasons, or methods in plans before the plan becomes operative.

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

• “(1) A rule in a proposed plan has legal effect only once a decision on submissions relating to the rule is made and publicly notified under clause 10(4) of Schedule 1, except if—

  • “(a) subsection (3) applies; or

  • “(b) the Environment Court, in accordance with section 86D, orders the rule to have legal effect from a different date (being the date specified in the court order); or

  • “(c) the local authority concerned resolves that the rule has legal effect only once the proposed plan becomes operative in accordance with clause 20 of Schedule 1.

  “(2) However, subsection (1)(c) applies only if—

  • “(a) the local authority makes the decision before publicly notifying the proposed plan under clause 5 of Schedule 1; and

  • “(b) the public notification includes the decision; and

  • “(c) the decision is not subsequently rescinded (in which case the rule has legal effect from a date determined in accordance with section 86C).

  “(3) A rule in a proposed plan has immediate legal effect if the rule—

  • “(a) protects or relates to water, air, or soil (for soil conservation); or

  • “(b) protects areas of significant indigenous vegetation; or

  • “(c) protects areas of significant habitats of indigenous fauna; or

  • “(d) protects historic heritage; or

  • “(e) provides for or relates to an aquaculture management area.

  “(4) For the purposes of subsection (2)(c), a decision is rescinded if—

  • “(a) the local authority publicly notifies that the decision is rescinded; and

  • “(b) the public notice includes a statement of the decision to which it relates and the date on which the recision was made.

  “(5) For the purposes of subsection (3), immediate legal effect means legal effect on and from the date on which the proposed plan containing the rule is publicly notified under clause 5 of Schedule 1.

  “(6) A rule in a change to a plan proposed by a person under Part 2 of Schedule 1 that provides for or relates to an aquaculture management area and that has been accepted by the local authority under clause 25(2)(b) of Schedule 1 has legal effect on and from the date the change is publicly notified under clause 26(b) of that schedule.

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

• “(1) This section applies to a rule to which section 86B(1)(c) applies that is rescinded (within the meaning of subsection (4) of that section).

  “(2) The rule has legal effect from the later of—

  • “(a) the day after the date on which the local authority concerned publicly notifies that the decision in relation to the rule is rescinded:

  • “(b) the day that a decision on submissions relating to the rule is made and publicly notified under clause 10(4) of Schedule 1.

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

• “(1) In this section, rule means a rule—

  • “(a) in a proposed plan or change; and

  • “(b) that is not a rule of a type described in section 86B(3)(a) to (e) or (6).

  “(2) A local authority may apply before or after the proposed plan is publicly notified under clause 5 of Schedule 1 to the Environment Court for a rule to have legal effect from a date other than the date on which the decision on submissions relating to the rule is made and publicly notified under clause 10(4) of Schedule 1.

  “(3) If the Court grants the application, the order must specify the date from which the rule is to have legal effect, being a date no earlier than the later of—

  • “(a) the date that the proposed plan is publicly notified; and

  • “(b) the date of the court order.

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

• “(1) A local authority must clearly identify any rule in a proposed plan that has legal effect from a date other than the date on which the decision on submissions relating to the rule is made and publicly notified under clause 10(4) of Schedule 1—

  • “(a) at the time the proposed plan is notified under clause 5 of the Schedule; or

  • “(b) as soon as practicable after the date is determined, if the rule concerned is the subject of an application under section 86D and the application is not determined before the proposed plan is notified.

  “(2) A local authority must clearly identify any rule of a type described in section 86B(6) at the time the change containing the rule is publicly notified.

  “(3) The identification of a rule in a proposed plan or change under subsection (1) or (2)—

  • “(a) does not form part of the proposed plan or change; and

  • “(b) may be removed, without any further authority than this subsection, by the local authority once the plan or change becomes operative in accordance with clause 20 of Schedule 1.

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

• A rule in a proposed plan must be treated as operative (and any previous rule as inoperative) if the time for making submissions or lodging appeals on the rule has expired and, in relation to the rule,—

  • “(a) no submissions in opposition have been made or appeals have been lodged; or

  • “(b) all submissions in opposition and appeals have been determined; or

  • “(c) all submissions in opposition have been withdrawn and all appeals withdrawn or dismissed.

“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

• “(1) A reference in this Act or in any regulations made under it to a rule in a proposed plan or a change does not include a reference to a rule in the proposed plan or change that—

  • “(a) has not taken legal effect in accordance with section 86B; or

  • “(b) has not become operative under section 86F.

  “(2) Subsection (1) applies subject to any express provision to the contrary in this Act.”

“87A Classes of activities

• “(1) If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a permitted activity, a resource consent is not required for the activity if it complies with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.

  “(2) If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a controlled activity, a resource consent is required for the activity and—

  • “(a) the consent authority must grant a resource consent (except if section 106 applies); and

  • “(b) the consent authority's power to impose conditions on the resource consent is restricted to the matters over which control is reserved (whether in its plan or proposed plan, a national environmental standard, or otherwise); and

  • “(c) the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.

  “(3) If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a restricted discretionary activity, a resource consent is required for the activity and—

  • “(a) the consent authority's power to decline a consent, or to grant a consent and to impose conditions on the consent, is restricted to the matters over which discretion is restricted (whether in its plan or proposed plan, a national environmental standard, or otherwise); and

  • “(b) if granted, the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.

  “(4) If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a discretionary activity, a resource consent is required for the activity and—

  • “(a) the consent authority may decline the consent or grant the consent with or without conditions; and

  • “(b) if granted, the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.

  “(5) If an activity is described in this Act, regulations (including a national environmental standard), a plan, or a proposed plan as a non-complying activity, a resource consent is required for the activity and the consent authority may—

  • “(a) decline the consent; or

  • “(b) grant the consent, with or without conditions, but only if the consent authority is satisfied that the requirements of section 104D are met and the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.

  “(6) If an activity is described in this Act, regulations (including a national environmental standard), a plan, or a proposed plan as a prohibited activity,—

  • “(a) no application for a resource consent may be made for the activity; and

  • “(b) the consent authority must not grant a consent for it.

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

• “(1) An application for a resource consent for an activity must, with the necessary modifications, be treated as an application for a resource consent for a discretionary activity if—

  • “(a) Part 3 requires a resource consent to be obtained for the activity and there is no plan or proposed plan, or no relevant rule in a plan or proposed plan; or

  • “(b) a plan or proposed plan requires a resource consent to be obtained for the activity, but does not classify the activity as controlled, restricted discretionary, discretionary, or non-complying under section 77A; or

  • “(c) a rule in a proposed plan describes the activity as a prohibited activity and the rule has not become operative.

  “(2) Prospecting, exploring, or mining for Crown owned minerals in the internal waters (as defined in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977) of the Coromandel Peninsula must be treated as a prohibited activity.

  “(3) Subsection (2) does not apply to prospecting, exploring, or mining activities set out in section 61(1A) of the Crown Minerals Act 1991.

  “(4) An activity prohibited by section 105(2)(b) of the Historic Places Act 1993 must be treated as a prohibited activity.

“Streamlining decision-making on resource consents

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

• “(1) Sections 87D to 87I apply when an applicant wants one of the following applications to be determined by the Environment Court instead of by a consent authority:

  • “(a) an application for a resource consent that has been notified:

  • “(b) an application to change or cancel a condition of a resource consent that has been notified.

  “(2) If the application is called in under section 142(2), sections 87D to 87I cease to apply to it.

“87D Request for application to go directly to Environment Court

• “(1) The applicant must request the relevant consent authority to allow the application to be determined by the Environment Court instead of by the consent authority.

  “(2) The applicant must make the request in the period—

  • “(a) starting on the day on which the application is made; and

  • “(b) ending 5 working days after the date on which the period for submissions on the application closes.

  “(3) The applicant must make the request electronically or in writing on the prescribed form.

“87E Consent authority’s decision on request

• “(1) If the consent authority determines under section 88(3) that the application is incomplete, it must return the request with the application without making a decision on the request. Section 88(4) and (5) apply to the application.

  “(2) If the consent authority receives the request after it has determined that the application will not be notified, it must return the request.

  “(3) If the consent authority receives the request before it has determined whether the application will be notified, it must defer its decision on the request until after it has decided whether to notify the application and then apply either subsection (4) or (5).

  “(4) If the consent authority decides not to notify the application, it must return the request.

  “(5) If the consent authority decides to notify the application, it must give the applicant its decision on the request within 15 working days after the date of the decision on notification.

  “(6) In any other case, the consent authority must give the applicant its decision on the request within 15 working days after receiving the request.

  “(7) No submitter has a right to be heard by the consent authority on a request.

  “(8) If the consent authority returns or declines the request, it must give the applicant its reasons, in writing or electronically, at the same time as it gives the applicant its decision.

  “(9) If the consent authority declines the request under subsection (5) or (6) the applicant may object to the consent authority under section 357A(1)(e).

“87F Consent authority's subsequent processing

• “(1) If the consent authority does not grant the applicant's request under section 87D, the consent authority must continue to process the application.

  “(2) If the consent authority grants the applicant's request under section 87D, the consent authority must continue to process the application and must comply with subsections (3) to (5).

  “(3) The consent authority must prepare a report on the application within the longer of the following periods:

  • “(a) the period that ends 20 working days after the date on which the period for submissions on the application closes:

  • “(b) the period that ends 20 working days after the date on which the authority decides to grant the request.

  “(4)  In the report, the consent authority may—

  • “(a) address issues that are set out in sections 104 to 112 to the extent that they are relevant to the application; and

  • “(b) suggest conditions that it considers should be imposed if the Environment Court grants the application.

  “(5) As soon as is reasonably practicable after the report is prepared, the consent authority must provide a copy to—

  • “(a) the applicant; and

  • “(b) every person who made a submission on the application.

“87G Environment Court determines application

• “(1) Subsection (2) applies to an applicant who—

  • “(a) receives a report provided under section 87F(5); and

  • “(b) continues to want the application to be determined by the Environment Court instead of by a consent authority.

  “(2) The applicant must,—

  • “(a) within 10 working days after receiving the report, lodge with the Environment Court a notice of motion in the prescribed form specifying the orders sought and the grounds upon which the application is made, and a supporting affidavit as to the matters giving rise to the application; and

  • “(b) as soon as is reasonably practicable after lodging the notice of motion, serve a copy of the notice of motion and affidavit on—

    • “(i) the consent authority that granted the applicant's request under section 87D; and

    • “(ii) every person who made a submission to the authority on the application; and

  • “(c) tell the Registrar of the Environment Court when the copies have been served.

  “(3) A consent authority served under subsection (2)(b)(i) must, without delay, provide the Environment Court with—

  • “(a) the application to which the notice of motion relates; and

  • “(b) the authority's report on the application; and

  • “(c) all the submissions on the application that the authority received; and

  • “(d) all the information and reports on the application that the authority was supplied with.

  “(4) Section 274 applies to the notice of motion.

  “(5) Part 11 applies to proceedings under this section.

  “(6) If considering a matter that is an application for a resource consent, the Court must apply sections 104 to 112 and 138A as if it were a consent authority.

  “(7) If considering a matter that is an application for a change to or cancellation of conditions of a resource consent, the Court must apply sections 104 to 112 as if—

  • “(a) it were a consent authority and the application were an application for resource consent for a discretionary activity; and

  • “(b) every reference to a resource consent and to the effects of the activity were, respectively, a reference to the change or cancellation of a condition and the effects of the change or cancellation.

“87H Residual powers of consent authority

• The consent authority that would have determined the application had the Environment Court not done so under section 87G has all the functions, duties, and powers in relation to a resource consent granted by the Court as if it had granted the consent itself.

“87I When consent authority must determine application

• “(1) This section applies when—

  • “(a) an applicant receives a report under section 87F(5); and

  • “(b) either—

    • “(i) the applicant advises the authority that the applicant does not intend to lodge a notice of motion with the Environment Court under section 87G(2); or

    • “(ii) the applicant does not lodge a notice of motion with the Environment Court under section 87G(2); and

  • “(c) the applicant continues to want the application determined.

  “(2) The application must be determined by the consent authority.”

“88B Time limits from which time periods are excluded

• “(1) Subsection (2) lists the time limits from which certain time periods must be excluded. Subsection (3) lists the time periods that must be excluded from the time limits.

  “(2) The time limits are those in the following provisions:

  • “(a) section 95, which deals with the time limit for notification:

  • “(b) section 41B(6) and (7), which deal with the time limits for the commencement of a hearing if a direction is given under section 41B:

  • “(c) section 87F(3), which deals with the time limit for the preparation of a consent authority report where an application is to be determined by the Environment Court under section 87G:

  • “(d) section 101(2), which deals with the time limits for the commencement of a hearing if no direction is given under section 41B:

  • “(e) section 115, which deals with the time limit for notification of the decision on an application for a resource consent:

  • “(f) section 173, which deals with the time limit for notification of the decision on a designation:

  • “(g) section 198D(3), which deals with the time limit for the preparation of a territorial authority report where an application is to be determined by the Environment Court under section 198E:

  • “(h) section 198J(2), which deals with the time limit for the preparation of a territorial authority report where an application is to be determined by the Environment Court under section 198K.

  “(3) The time periods are those described in the following provisions:

  • “(a) section 88C(2), (4), and (6):

  • “(b) section 88D(2), (4), (6), (8), (10), (12), and (14):

  • “(c) section 88E(2), (4), and (6).

  “(4) Despite subsection (3), any applicable time periods described in section 88D(2) and (8) must not be excluded from the time limits in section 95.

“88C Excluded time periods relating to provision of further information

• “(1) Subsection (2) applies when—

  • “(a) an authority has requested an applicant, under section 92(1), to provide further information on the applicant's application; and

  • “(b) the request is the first request made by the authority to the applicant under that provision—

    • “(i) at all; or

    • “(ii) after the closing date for submissions.

  “(2) The period that must be excluded from every applicable provision listed in section 88B(2) is the period—

  • “(a) starting with the date of the request under section 92(1); and

  • “(b) ending as follows:

    • “(i) if the applicant provides the information within 15 working days, the date on which the applicant provides the information:

    • “(ii) if the applicant agrees within 15 working days to provide the information and provides the information, the date on which the applicant provides the information:

    • “(iii) if the applicant agrees within 15 working days to provide the information and does not provide the information, the date set under section 92A(2)(a):

    • “(iv) if the applicant does not respond to the request within 15 working days, the date on which the period of 15 working days ends:

    • “(v) if the applicant refuses within 15 working days to provide the information, the date on which the applicant refuses to provide the information.

  “(3) Subsection (4) applies when—

  • “(a) an authority has notified an applicant, under section 92(2)(b), of its wish to commission a report; and

  • “(b) the applicant agrees, under section 92B(1), to the commissioning of the report.

  “(4) The period that must be excluded from every applicable provision listed in section 88B(2) is the period—

  • “(a) starting with the date of the notification under section 92(2)(b); and

  • “(b) ending with the date on which the authority receives the report.

  “(5) Subsection (6) applies when—

  • “(a) an authority has notified an applicant, under section 92(2)(b), of its wish to commission a report; and

  • “(b) the applicant does not agree, under section 92B(1), to the commissioning of the report.

  “(6) The period that must be excluded from every applicable provision listed in section 88B(2) is the period—

  • “(a) starting with the date of the notification under section 92(2)(b); and

  • “(b) ending with the earlier of the following:

    • “(i) the date on which the period of 15 working days ends; and

    • “(ii) the date on which the authority receives the applicant's refusal, under section 92B(1), to agree to the commissioning of the report.

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

• “(1) Subsection (2) applies when an applicant makes a request under section 87D(1).

  “(2) The period that must be excluded from every applicable provision listed in section 88B(2) (except section 88B(2)(a)) is the period—

  • “(a) starting with the date on which the consent authority receives the request; and

  • “(b) ending with the earliest of the following:

    • “(i) if section 87E(5) applies, the date on which the 15 working days end:

    • “(ii) if section 87E(6) applies, the date on which the 15 working days end:

    • “(iii) the date on which the authority gives the applicant the authority's decision on the request.

  “(3) Subsection (4) applies when an applicant objects to a consent authority against the authority's decision not to grant the applicant's request under section 87D.

  “(4) The period that must be excluded from every applicable provision listed in section 88B(2) is the period—

  • “(a) starting with the date on which the consent authority receives the objection; and

  • “(b) ending with the date on which the authority notifies the applicant of its decision on the objection.

  “(5) Subsection (6) applies when an applicant receives a report provided under section 87F(5)(a).

  “(6) The period that must be excluded from every applicable provision listed in section 88B(2) is the period—

  • “(a) starting with the date on which the consent authority provides the report; and

  • “(b) ending with the earlier of the following:

    • “(i) the date on which the 10 working days referred to in section 87G(2)(a) end; and

    • “(ii) the date on which the applicant notifies the authority, in writing or electronically, that the applicant does not intend to lodge a notice of motion under section 87G(2)(a) (if the applicant chooses to notify the authority of this).

  “(7) Subsection (8) applies when a requiring authority or heritage protection authority makes a request under section 198B(1).

  “(8) The period that must be excluded from every applicable provision listed in section 88B(2) (except section 88B(2)(a)) is the period—

  • “(a) starting with the date on which the territorial authority receives the request; and

  • “(b) ending with the earliest of the following:

    • “(i) if section 198C(4) applies, the date on which the 15 working days end:

    • “(ii) if section 198C(5) applies, the date on which the 15 working days end:

    • “(iii) the date on which the authority gives the requiring authority or heritage protection authority the authority's decision on the request.

  “(9) Subsection (10) applies when a requiring authority or heritage protection authority objects to a territorial authority against the authority's decision not to grant the requiring authority's or heritage protection authority's request under section 198B(1).

  “(10) The period that must be excluded from every applicable provision listed in section 88B(2) is the period—

  • “(a) starting with the date on which the territorial authority receives the objection; and

  • “(b) ending with the date on which the authority notifies the requiring authority or heritage protection authority of its decision on the objection.

  “(11) Subsection (12) applies when a requiring authority or heritage protection authority receives a report provided under section 198D(5)(a).

  “(12) The period that must be excluded from every applicable provision listed in section 88B(2) is the period—

  • “(a) starting with the date on which the territorial authority provides the report; and

  • “(b) ending with the earlier of the following:

    • “(i) the date on which the 10 working days referred to in section 198E(2)(a) end; and

    • “(ii) the date on which the requiring authority or heritage protection authority notifies the territorial authority, in writing or electronically, that the requiring authority or heritage protection authority does not intend to lodge a notice of motion under section 198E(2)(a) (if the requiring authority or heritage protection authority chooses to notify the territorial authority of this).

  “(13) Subsection (14) applies when a territorial authority provides a report under section 198J(4).

  “(14) The period that must be excluded from every applicable provision listed in section 88B(2) is the period—

  • “(a) starting with the date on which the territorial authority provides the report; and

  • “(b) ending with the earlier of the following:

    • “(i) the date on which the 10 working days referred to in section 198K(1)(a) end; and

    • “(ii) the date on which the territorial authority decides not to lodge a notice of motion under section 198K(1)(a) (if it decides this).

“88E Excluded time periods relating to other matters

• “(1) Subsection (2) applies when a consent authority determines, under section 91(1), not to proceed with the notification or hearing of an application for a resource consent.

  “(2) The period that must be excluded from every applicable provision listed in section 88B(2) is the period—

  • “(a) starting with the date of the notification of the determination to the applicant under section 91(2); and

  • “(b) ending with—

    • “(i) the date of the receipt of applications for the resource consents that the authority considers, under section 91(1)(b), should be applied for; or

    • “(ii) the date of an Environment Court order revoking the authority's determination.

  “(3) Subsection (4) applies when an applicant tries, for the purposes of sections 95E(3) and 95F, to obtain the approval of persons who may be adversely affected.

  “(4) The period that must be excluded from every applicable provision listed in section 88B(2) is the time taken by the applicant in trying to obtain the approvals, whether or not they are obtained.

  “(5) Subsection (6) applies when a consent authority refers persons to mediation under section 99A.

  “(6) The period that must be excluded from every applicable provision listed in section 88B(2) is the period—

  • “(a) starting with the date of the reference; and

  • “(b) ending with the earlier of the following:

    • “(i) the date on which one of the persons referred to mediation gives the other persons referred and the mediator a written notice withdrawing the person's consent to the mediation; and

    • “(ii) the date on which the mediator reports the outcome of the mediation to the authority.”

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

• “(1) This section applies to the following applications:

  • “(a) an application for a coastal permit to do any of the following in the coastal marine area:

    • “(i) reclaim land:

    • “(ii) build a structure:

    • “(iii) do or maintain works for the improvement, management, protection, or utilisation of a harbour:

  • “(b) an application for a coastal permit to remove boulders, mud, sand, shell, shingle, silt, stone, or other similar material from the coastal marine area:

  • “(c) an application for a land use consent to enter onto or pass across the surface of water in a navigable lake or river:

  • “(d) an application for a land use consent to use the bed of a navigable lake or river.

  “(2) The local authority must send a copy of the application to Maritime New Zealand.

  “(3) Maritime New Zealand must report to the local authority on any navigation-related matters that Maritime New Zealand considers relevant to the application, including any conditions that it considers should be included in the consent for navigation-related purposes.

  “(4) If Maritime New Zealand wants to report, it must do so within 15 working days after receiving a copy of the application. If it fails to report within that time limit, the local authority may take the failure as an indication that Maritime New Zealand has nothing to report.

  “(5) The local authority must—

  • “(a) ensure that a copy of Maritime New Zealand's report is provided to—

    • “(i) the applicant; and

    • “(ii) every person who has made a submission on the application:

  • “(b) take the report into account in its consideration of the application.”

• “(3B) The consent authority must, as soon as is reasonably practicable after receiving the information or report, give written or electronic notice to every person who made a submission on the application that the information or report is available at the authority's office.”

• “(3) The consent authority must consider the application under section 104 even if the applicant—

  • “(a) does not respond to the request; or

  • “(b) agrees to provide the information under subsection (1)(b) but does not do so; or

  • “(c) refuses to provide the information under subsection (1)(c).”

• “(2) The consent authority must consider the application under section 104 even if the applicant—

  • “(a) does not respond in accordance with subsection (1); or

  • “(b) refuses to agree to the commissioning of the report.”

“Public notification and limited notification of applications

“95 Time limit for public notification or limited notification

• A consent authority must, within 10 working days after the day an application for a resource consent is first lodged,—

  • “(a) decide whether to give public or limited notification of the application; and

  • “(b) notify the application if it decides to do so.

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

• “(1) A consent authority may, in its discretion, decide whether to publicly notify an application for a resource consent for an activity.

  “(2) Despite subsection (1), a consent authority must publicly notify the application if—

  • “(a) it decides (under section 95D) that the activity will have or is likely to have adverse effects on the environment that are more than minor; or

  • “(b) the applicant requests public notification of the application; or

  • “(c) a rule or national environmental standard requires public notification of the application.

  “(3) Despite subsections (1) and (2)(a), a consent authority must not publicly notify the application if—

  • “(a) a rule or national environmental standard precludes public notification of the application; and

  • “(b) subsection (2)(b) does not apply.

  “(4) Despite subsection (3), a consent authority may publicly notify an application if it decides that special circumstances exist in relation to the application.

“95B Limited notification of consent application

• “(1) If a consent authority does not publicly notify an application for a resource consent for an activity, it must decide (under sections 95E and 95F) if there are any affected persons or affected order holders in relation to the activity.

  “(2) The consent authority must give limited notification of the application to any affected person unless a rule or national environmental standard precludes limited notification of the application.

  “(3) The consent authority must give limited notification of the application to any affected order holder even if a rule or national environmental standard precludes public or limited notification of the application.

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

• “(1) Despite section 95A(1), a consent authority must publicly notify an application for a resource consent if—

  • “(a) it has not already decided whether to give public or limited notification of the application; and

  • “(b) subsection (2) or (3) applies.

  “(2) This subsection applies if the consent authority requests further information on the application under section 92(1), but the applicant—

  • “(a) does not provide the information before the deadline concerned; or

  • “(b) refuses to provide the information.

  “(3) This subsection applies if the consent authority notifies the applicant under section 92(2)(b) that it wants to commission a report, but the applicant—

  • “(a) does not respond before the deadline concerned; or

  • “(b) refuses to agree to the commissioning of the report.

  “(4) This section applies despite any rule or national environmental standard that precludes public or limited notification of the application.

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

• A consent authority that is deciding, for the purpose of section 95A(2)(a), whether an activity will have or is likely to have adverse effects on the environment that are more than minor—

  • “(a) must disregard any effects on persons who own or occupy—

    • “(i) the land in, on, or over which the activity will occur; or

    • “(ii) any land adjacent to that land; and

  • “(b) may disregard an adverse effect of the activity if a rule or national environmental standard permits an activity with that effect; and

  • “(c) in the case of a controlled or restricted discretionary activity, must disregard an adverse effect of the activity that does not relate to a matter for which a rule or national environmental standard reserves control or restricts discretion; and

  • “(d) must disregard trade competition and the effects of trade competition; and

  • “(e) must disregard any effect on a person who has given written approval to the relevant application.

“95E Consent authority decides if person is affected person

• “(1) A consent authority must decide that a person is an affected person, in relation to an activity, if the activity's adverse effects on the person are minor or more than minor (but are not less than minor).

  “(2) The consent authority, in making its decision,—

  • “(a) may disregard an adverse effect of the activity on the person if a rule or national environmental standard permits an activity with that effect; and

  • “(b) in the case of a controlled or restricted discretionary activity, must disregard an adverse effect of the activity on the person that does not relate to a matter for which a rule or national environmental standard reserves control or restricts discretion; and

  • “(c) must have regard to every relevant statutory acknowledgement made in accordance with an Act specified in Schedule 11.

  “(3) Despite anything else in this section, the consent authority must decide that a person is not an affected person if—

  • “(a) the person has given written approval to the activity and has not withdrawn the approval in a written notice received by the authority before the authority has decided whether there are any affected persons; or

  • “(b) it is unreasonable in the circumstances to seek the person's written approval.

“95F Consent authority decides if person is affected order holder

• A consent authority must decide that a person is an affected order holder, in relation to an activity, if—

  • “(a) the person is the holder of a customary rights order; and

  • “(b) the activity may have any adverse effects on a recognised customary activity carried out under the order in accordance with section 17A(2); and

  • “(c) the person has not given written approval to the activity or has withdrawn approval to the activity in a written notice received by the authority before the authority has decided whether there are any affected order holders.”