This Part—

• (a) provides, in subpart 1, for the application of the purpose and principles of Part 2 of the RMA to the performance of functions and exercise of powers by ECan under this Part and confers the power to make transitional regulations; and

• (b) confers, in subpart 2, a power for ECan to impose 1 or more moratoria on specified applications made under the RMA for certain permits; and

• (c) in subpart 3, largely replaces Part 9 of the RMA for the purposes of Canterbury WCOs; and

• (d) in subpart 4, alters the processes and criteria that apply to the consideration of proposed regional policy statements or plans for the Canterbury region.

Part 2 of the RMA applies to the performance and exercise by ECan of its functions and powers under this Part.

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations to—

• (a) prescribe provisions concerning the commencement or duration of the powers and functions of ECan, which may be in addition to or in place of the provisions of this Part:

• (b) provide that, subject to any conditions specified in the regulations, in respect of this Part,—

  • (i) for a specified period of time or in specified circumstances, specified provisions of the RMA (including definitions)—

    • (A) do not apply, despite being applied under this Act; or

    • (B) do apply, despite not applying under this Act:

  • (ii) specified terms have the meaning given to them by the regulations:

• (c) provide for the application of provisions of this Part, with any necessary modifications, despite their expiry and repeal under section 6:

• (d) provide for the expiry of any regulations made under this section.

This subpart applies in addition to the RMA, except as otherwise expressly provided.

In this subpart,—

(1) ECan may, with the prior approval of the Minister, impose a moratorium on specified applications in relation to 1 or more areas of the Canterbury region.

(2) In determining whether to impose or approve a moratorium in relation to an area of the Canterbury region, ECan and the Minister must have regard to—

• (a) the vision and principles of the CWMS; and

• (b) the extent to which the fresh water of that area—

  • (i) is subject to high or increasing demand or to diminishing quality; or

  • (ii) is fully allocated, nearing full allocation, or over-allocated; and

• (c) any other relevant matter.

(3) The effect of a moratorium is set out in sections 37 to 40.

ECan must give public notice and notice in the Gazette of a moratorium, specifying—

• (a) the area of the Canterbury region to which the moratorium applies; and

• (b) the date on which it commences; and

• (c) the date on which it ends (which must not be later than the day before the resumption day), unless ended sooner under section 36.

(1) ECan may end a moratorium at any time in any area to which the moratorium relates, or the Minister may direct ECan to end the moratorium.

(2) A moratorium may be ended in relation to a part or the whole of the area to which it applies.

(3) In determining whether to end, or to direct the end of, a moratorium, ECan or the Minister, as the case may be, must have regard to the adequacy of any relevant regional plan for the area to which the moratorium relates.

(4) ECan must give public notice and notice in the Gazette of the end of a moratorium, specifying—

• (a) the area of the Canterbury region to which the moratorium applies; and

• (b) if the moratorium will not end in respect of the whole of that area, the part of the area in respect of which the moratorium will end; and

• (c) the date on which the moratorium will end.

(1) This section applies to a specified application made to ECan in respect of an area where a moratorium—

• (a) is in force; or

• (b) has been in force within 6 months prior to that application being made.

(2) If the specified application is made while a moratorium is in force, ECan––

• (a) must not begin to process the application; and

• (b) must return the application and any fee accompanying it to the applicant as soon as practicable.

(3) If the specified application is made at any time during the period that ends 6 months after the end of a moratorium, ECan must not begin to process the application until after the end of that period.

(1) In the case of specified applications made to ECan before a moratorium comes into force in respect of the area to which the application relates, ECan must not continue to process or determine an application any earlier than the end of the period that ends 6 months after the end of the moratorium.

(2) However, ECan must continue to process and determine a specified application as if there were no moratorium in force if, before a moratorium comes into force, ECan has decided in respect of the application that—

• (a) a hearing must be held and the hearing has commenced or been completed; or

• (b) no hearing is required.

(1) This section applies if, before a moratorium is in force in an area to which a specified application relates, the applicant requests ECan under section 87D of the RMA to allow the application to be determined by the Environment Court instead of by ECan.

(2) The specified application is to be treated as one to which section 38(1) applies if, before a moratorium comes into force, ECan—

• (a) declines the request; or

• (b) has not made a decision on the request.

(3) However, if ECan decides under section 87E of the RMA to grant a request before a moratorium comes into force, the moratorium is of no effect in respect of the specified application to which the request relates, unless subsection (4) applies.

(4) If section 87I of the RMA applies, the specified application must be treated as an application to which section 38(1) applies.

(1) Subsection (2) applies if a permit—

• (a) has been granted (whether before or after the commencement day) in relation to an area of the Canterbury region where a moratorium subsequently comes into force; and

• (b) is due to expire during, or within 6 months after the end of, the moratorium.

(2) The permit is to be treated as expiring on the date that is 6 months after the end of the moratorium.

(1) If the processing of a specified application is interrupted under section 38(1) during a moratorium, the applicant may, in the period commencing with the end of the moratorium and ending 6 months later,—

• (a) revise the application to take account of any changes made to the relevant regional plan since the application was first made; and

• (b) lodge any revised application again with ECan.

(2) Not later than 5 working days before the end of a moratorium, ECan must give notice to any applicant whose application is affected in the manner referred to in subsection (1), advising the applicant—

• (a) of the date on which the moratorium will end; and

• (b) of the applicant's right to revise the application and lodge it again with ECan.

(3) Subsection (1)(a) permits revision of a specified application only if, and to the extent that, the application—

• (a) is revised no more than is necessary to take into account changes made to the relevant regional plan since the application was first lodged; and

• (b) remains within the scope of the application as it was first lodged.

(1) On the day that is 6 months after the end of a moratorium, ECan must—

• (a) resume processing any specified applications to which section 38(1) applies, including any applications revised and lodged again as permitted by section 41(1) and (3); and

• (b) process those applications—

  • (i) as having been received on the date that the original application was first lodged; but

  • (ii) under any relevant regional plan applying at the time when the application is considered.

(2) On the day that is 6 months after the end of a moratorium, ECan must commence processing, in accordance with subsection (3), any specified application to which—

• (a) section 37(3) applies; or

• (b) section 38(1) applies, if the application has been revised, but not in accordance with section 41(3).

(3) ECan must process an application to which subsection (2) applies—

• (a) as if it were a new application made—

  • (i) on the day it was first lodged, in the case of an application to which subsection (2)(a) refers:

  • (ii) on the day it was lodged again, in the case of an application to which subsection (2)(b) refers; and

• (b) under any relevant regional plan applying at the time when the application is considered.

(4) Subsections (1)(b)(ii) and (3)(b) apply instead of section 88A of the RMA.

(1) Section 124(3) of the RMA applies to a permit that is extended by the operation of section 40, but only if the holder of the permit applies to ECan for a new permit—

• (a) for the same activity; and

• (b) on or before the day that the existing permit expires under section 40(2).

(2) If a specified application is made in the circumstances described in subsection (1),—

• (a) for the purposes of sections 124A to 124C of the RMA, the application is one that is affected by section 124 of that Act; and

• (b) the references in section 124C(4) and (5) to an application being made more than 3 months before the expiry of the consent must be read as a reference to an application being made on or before the day that the permit is to be treated as expiring under section 40(2).

No compensation is payable by the Crown or ECan to any person for any loss or damage arising from the application of this subpart.

Nothing in sections 76 to 82 of the Local Government Act 2002 applies to ECan in relation to its functions and powers under this subpart.

(1) Except as expressly provided in this subpart, this subpart applies instead of Part 9 of the RMA to every application for a Canterbury WCO—

• (a) on and from the commencement day; and

• (b) until the close of the day before the resumption day.

(2) Subsection (1) applies whether an application is made before, on, or after the commencement day.

(3) Subsection (1) does not limit or otherwise affect the application of section 217 of the RMA to a Canterbury WCO.

(4) Despite subsection (1), the following provisions continue to apply on and from the resumption day:

• (a) sections 52 to 55 (which remove the jurisdiction of the Environment Court in relation to Canterbury WCO applications and provide instead for a right of appeal to the High Court on a question of law); and

• (b) section 60 (which provides for the transitional arrangements set out in Schedule 2).

(1) Section 201 of the RMA applies to every application for a Canterbury WCO.

(2) The application must state the reasons for the application with reference, as appropriate, to the matters provided for in sections 50(2) and 57(2) instead of those referred to in section 201(2)(b) of the RMA.

(1) After receiving a WCO application and any further information that the Minister may require, the Minister—

• (a) may make any inquiry that the Minister considers necessary; and

• (b) as soon as practicable, must either—

  • (i) reject the application; or

  • (ii) submit the application to ECan to hear and report on.

(2) The Minister must notify the applicant—

• (a) that the application has been rejected, and the reasons for the rejection; or

• (b) that the application is to be heard and reported on by ECan under this Act.

(1) As soon as practicable after receiving an application from the Minister under section 48(1)(b)(ii), ECan must comply with section 204 of the RMA as if every reference in that section to a special tribunal were a reference to ECan.

(2) The notice required by section 204(1)(c) is not required to be served on ECan.

(1) After considering a WCO application submitted by the Minister under section 48(1)(b)(ii) and any submissions and other information relevant to the application, ECan must determine whether to recommend that the Minister should—

• (a) reject the application; or

• (b) recommend to the Governor-General that a Canterbury WCO be made under section 214 of the RMA, as applied by section 56.

(2) In considering whether to recommend to the Minister that a WCO be made, ECan must, subject to Part 2 of the RMA,—

• (a) have particular regard to—

  • (i) the matters set out in subsections (3) and (4); and

  • (ii) the vision and principles of the CWMS; and

• (b) have regard to the matters specified in section 207(a) to (c) of the RMA.

(3) ECan may recommend to the Minister that a WCO be made to recognise and sustain—

• (a) outstanding amenity or intrinsic values that are afforded by waters in their natural state; or

• (b) where waters are no longer in their natural state, the amenity or intrinsic values of those waters that in themselves warrant protection because they are considered outstanding.

(4) Section 199(2) of the RMA applies to a WCO recommended by ECan.

Sections 205, 206, and 208 of the RMA (which provide for submissions, a hearing, and reporting in relation to an application) apply to a WCO application made under this subpart as if—

• (a) every reference to a special tribunal were a reference to ECan; and

• (b) the references in section 205(3)(d) and (5) of the RMA to the matters in sections 199, 200, and 207 of that Act were references to the matters referred to in sections 50(2) and 57(2); and

• (c) section 208(2)(c) of that Act excluded the reference to the regional council.

The Environment Court has no jurisdiction under this subpart and no person may make a submission to the Environment Court in respect of a report prepared and notified by ECan under section 51.

(1) The persons listed in subsection (2) may appeal to the High Court, but only on a question of law, in respect of the whole or a part of a report of ECan recommending that—

• (a) a WCO application be declined; or

• (b) a Canterbury WCO be made on the terms of the draft order included in that report.

(2) The persons are—

• (a) the person who applied for the Canterbury WCO to which the report relates:

• (b) a territorial authority whose district may be affected by the proposed Canterbury WCO:

• (c) a person who made a submission to ECan on the application:

• (d) any other person granted leave to appeal by the High Court on the ground that the person could not reasonably be expected to know that the report of ECan would affect the person or an aspect of the public interest that the person represents.

(1) Sections 300 to 307 of the RMA apply to an appeal under section 53, with the necessary modifications including, in particular, as if every reference to the Environment Court or the Registrar of that court were a reference to ECan.

(2) The High Court Rules apply if a procedural matter is not provided for by or under those sections.

Section 144 of the Summary Proceedings Act 1957 applies to a decision of the High Court on an appeal under section 53 as if the decision had been made under section 107 of the Summary Proceedings Act 1957.

Sections 214 and 215 of the RMA apply, with the necessary modifications, to making or declining to make a Canterbury WCO as if—

• (a) every reference to a report of a special tribunal under section 208 of the RMA were a reference to a report of ECan under this subpart; and

• (b) the references to the Environment Court were omitted.

(1) A Canterbury WCO made under section 214 of the RMA, as applied by section 56, may impose restrictions or prohibitions on the performance of any of ECan's functions under section 30(1)(e) and (f) of the RMA as they relate to water.

(2) Restrictions or prohibitions imposed under subsection (1) may include, in particular, restrictions or prohibitions relating to—

• (a) the quantity, quality, rate of flow, or level of the water in a water body:

• (b) the maximum and minimum levels or flow or range of levels or flows, or the rate of change of levels or flows to be sought or permitted for the water body:

• (c) the maximum allocation for abstraction or maximum contaminant loading consistent with the purposes of the order:

• (d) the ranges of temperature and pressure in a water body.

(1) Section 216(1) and (2) of the RMA apply in respect of an application to revoke or vary a Canterbury WCO.

(2) Despite anything in this subpart, the Minister may, instead of submitting an application to revoke or vary a Canterbury WCO to ECan under section 48(1)(b)(ii), recommend that the Canterbury WCO to which the application relates be amended if—

• (a) the Minister is of the opinion that—

  • (i) the application should not be rejected; but

  • (ii) because of the minor effect of the amendment, it is unnecessary for ECan to consider the application; and

• (b) both ECan and the original applicant for the WCO (if that person can be located) agree to the amendment.

(3) The Governor-General may, by Order in Council made on the recommendation of the Minister under subsection (2), amend the WCO accordingly.

(1) ECan may delegate its functions, powers, and duties under this subpart (except the power to delegate) to—

• (a) an employee; or

• (b) a hearings commissioner appointed by ECan.

(2) Section 34(7) to (10) of the RMA (which relate to delegations under that Act) apply, with any necessary modifications, to delegations made under subsection (1).

(3) Subsection (2) does not limit clause 32 of Schedule 7 of the Local Government Act 2002.

(1) If an application for a Canterbury WCO is received by ECan before the resumption day and, before that day,—

• (a) a hearing has not commenced, the application must be returned to the Minister and clauses 1 to 3 of Schedule 2 apply:

• (b) a hearing has commenced, clauses 4 and 5 of Schedule 2 apply.

(2) [Repealed]

In this subpart, proposed regional policy statement or plan—

• (a) means—

  • (i) any proposed plan or change to, or variation of, a plan notified by ECan under clause 5 or 26 of Schedule 1 of the RMA—

    • (A) after the commencement of this Act; or

    • (B) before the commencement of this Act, but only if no decision has been made under clause 10 of that Schedule before the commencement of this Act:

  • (ii) any proposed regional policy statement or change to, or variation of, a regional policy statement that is notified by ECan under the clauses mentioned in subparagraph (i) after the commencement of this Act; but

• (b) does not include a proposed regional coastal plan or change to, or variation of, a regional coastal plan, whether that plan is notified before or after the commencement of this Act.

(1) Except as expressly provided otherwise in this subpart, the provisions of the RMA apply, as far as they are relevant, to any proposed regional policy statement or plan.

(2) However, subsection (1) does not override section 161 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (a transitional provision relating to proposed policy statements, plans, or changes to policy statements or plans publicly notified before 1 October 2009).

In considering any proposed regional policy statement or plan, ECan must have particular regard to the vision and principles of the CWMS in addition to the matters relevant under the RMA to its decisions made under clause 10(1) of Schedule 1 of that Act.

Sections 65 to 68 apply only to decisions—

• (a) made under clause 10 of Schedule 1 of the RMA by ECan; and

• (b) in respect of which ECan must have particular regard to the additional criteria specified in section 63.

A notice served by ECan under clause 11 of Schedule 1 of the RMA must include a statement of the time within which an appeal on a question of law may be lodged by a submitter under section 66.

(1) No person may appeal to the Environment Court under clause 14 of Schedule 1 of the RMA in respect of any of the decisions referred to in section 64.

(2) However, a person who made a submission under clause 6 or 8 of Schedule 1 of the RMA on a proposed regional policy statement or plan may appeal to the High Court, but only on a question of law, against a decision referred to in section 64.

Any appeal under section 66(2)—

• (a) must be lodged in accordance with the requirements stated in the notice served under section 65; and

• (b) may relate only to a provision or matter raised in the submission of the person lodging the appeal.

Sections 54 and 55 apply to an appeal under this subpart.

(1) Subsection (2) applies if, on or after the commencement day,—

• (a) ECan revokes a delegation under section 34 or 34A of the RMA of the power to make a decision under clause 10 of Schedule 1 of that Act on a matter raised in a submission on a proposed regional policy statement or plan; and

• (b) any hearing on that submission has been concluded.

(2) Despite any other enactment or rule of law, ECan (or any other person to whom the power is delegated under section 34 or 34A of the RMA to make a decision on the submission under clause 10 of Schedule 1 of that Act) may make the decision—

• (a) without holding a further hearing; but

• (b) only after first considering—

  • (i) the submissions made in relation to that matter; and

  • (ii) the evidence presented at the hearing; and

  • (iii) any reports of an officer of ECan or expert commissioned by the person with authority to conduct a hearing under section 34 or 34A of the RMA.

(3) Despite any other enactment or rule of law, after the commencement day ECan is not required to give a further opportunity to any person to make submissions on, or be heard in relation to, a proposed regional policy statement or plan solely because of changes in the matters to which ECan must have particular regard when making decisions under clause 10(1) of Schedule 1 of the RMA.