1 Title
2 Commencement
Part 1Preliminary provisions
3 Purpose
4 Interpretation
5 Act binds the Crown
6 Expiry and repeal
Part 2Replacement of governing body of ECan
7 What this Part does
Termination of office of elected members
8 Replacement day
9 Elected members cease to hold office on close of day before replacement day
Appointment of commissioners
10 Appointment of commissioners
11 First appointment of commissioners takes effect on replacement day
12 How appointment of commissioners made
13 Amendment of terms of reference for commissioners
14 Commissioners must have collective knowledge and expertise in certain matters
15 Subsequent appointment of commissioners
16 Chairperson and deputy chairperson of commissioners
17 Term of office
18 Commissioners' remuneration and expenses
19 Exclusion of commissioners' liability
Functions of commissioners
20 Commissioners constitute governing body of ECan
21 Commissioners must establish advice process
2010 election for members of ECan
22 2010 election for members of ECan must not be held
Next election
23 Members of ECan elected at next election
Application of other enactments
24 References to members, chairperson, and deputy chairperson
25 Provisions of Local Government Act 2002 that do not apply
26 Provisions of Local Electoral Act 2001 that do not apply
Saving and transitional provisions
27 Saving for acts of elected members of ECan
28 Continuation of committees and delegations
Part 3Additional functions and powers of ECan after commencement day
Subpart 1—Preliminary matters
29 What this Part does
30 Application of Part 2 of RMA to this Part
31 Transitional regulations
Subpart 2—Moratoria on specified applications
32 Application of RMA under this subpart
33 Interpretation
Imposition of moratorium
34 Power to impose moratorium on specified applications
35 Notification of moratorium
36 Power to end moratorium
Effect of moratorium
37 Effect of moratorium on specified applications made during currency, or after end, of moratorium
38 Specified applications made before moratorium in force
39 Effect of moratorium on applications for which request is made under section 87D of RMA
40 Effect of moratorium on permits granted before moratorium in force
Treatment of specified applications at end of moratorium
41 Specified applications held over during moratorium may be revised
42 Process to apply to specified applications after end of moratorium
43 Application of certain provisions of RMA
Exclusions
44 No compensation
45 Provisions of Local Government Act 2002 that do not apply
Subpart 3—Water conservation orders
46 Part 9 of RMA does not apply except as otherwise stated
Provisions relating to processing of applications
47 Applications to Minister under section 201 of RMA
48 Processing of applications
49 ECan to notify applications
Criteria and process for consideration of applications
50 Consideration of applications by ECan
51 Submissions, hearing, and report
Appeals on question of law only
52 Jurisdiction of Environment Court excluded
53 Right of appeal to High Court on question of law
54 Provisions of RMA applying to appeal procedure
55 Appeal to Court of Appeal
Making or declining to make WCO
56 Application of sections 214 and 215 of RMA
57 Scope and effect of WCO made under this subpart
Revocations and variations
58 Applications to revoke or vary WCOs
Delegations under this subpart
59 Delegation by ECan of functions, powers, and duties
Transitional matters
60 Transitional provisions
Subpart 4—Process for approval of proposed regional policy statements or plans
Preliminary matters
61 Meaning of proposed regional policy statement or plan
62 Application of RMA
Additional criteria for decision making
63 Additional relevant criteria
Procedural arrangements
64 Application of sections 65 to 68
65 Notification of decision
66 Right of appeal to High Court on question of law
67 Scope of right of appeal
68 Appeal procedure
Transitional provision
69 Procedures if proposed regional policy statement or plan under consideration before commencement day
Schedule 1 Vision and principles of Canterbury Water Management Strategy—Strategic Framework, November 2009
Schedule 2 Transitional provisions
Legislative history
The Parliament of New Zealand enacts as follows: