Resource Management Amendment Act 2013

Resource Management Amendment Act 2013

Public Act2013 No 63
Date of assent3 September 2013
Commencementsee section 2

Contents

1 Title

2 Commencement

3 Principal Act

Part 1
Amendments that commence day after Royal assent

4 Section 2 amended (Interpretation)

5 Section 29 amended (Delegation of functions by Ministers)

6 Section 32A amended (Failure to carry out evaluation)

7 Section 35 amended (Duty to gather information, monitor, and keep records)

8 Section 35A amended (Duty to keep records about iwi and hapu)

9 Section 39 amended (Hearings to be public and without unnecessary formality)

10 Section 42A amended (Reports to local authority)

11 Section 53 amended (Changes to or review or revocation of national policy statements)

12 Section 76 amended (District rules)

13 Section 87E amended (Consent authority’s decision on request)

14 Section 87F amended (Consent authority's subsequent processing)

15 Section 87G amended (Environment Court determines application)

16 Section 95B amended (Limited notification of consent application)

17 Section 104 amended (Consideration of applications)

18 Cross-heading above section 104E repealed

19 Section 130 amended (Public notification, submissions, and hearing, etc)

20 Section 133A amended (Minor corrections of resource consents)

21 Section 142 amended (Minister may call in matter that is or is part of proposal of national significance)

22 Section 146 amended (EPA to recommend course of action to Minister)

23 Section 147 amended (Minister makes direction after EPA recommendation)

24 Section 149 amended (EPA may request further information or commission report)

25 Section 149J amended (Minister to appoint board of inquiry)

26 Section 149L amended (Conduct of inquiry)

27 Section 149M amended (Process if matter is request for regional plan or change and particular circumstances apply)

28 Section 149P amended (Consideration of matter by board)

29 Section 149R amended (Board to produce final report)

30 New section 149RA inserted (Minor corrections of board decisions, etc)

31 Section 149S amended (Minister may extend time by which board must report)

32 Section 149ZB amended (How EPA must deal with certain applications and notices of requirement)

33 Section 149ZC amended (Minister to decide whether application or notice of requirement to be notified)

34 Section 165ZFE amended (Processing of affected applications)

35 Section 168A amended (Notice of requirement by territorial authority)

36 Section 169 amended (Further information, notification, submissions, and hearing for notice of requirement to territorial authority)

37 Section 189A amended (Notice of requirement for heritage order by territorial authority)

38 Section 190 amended (Further information, notification, submissions, and hearing for notice of requirement to territorial authority)

39 Section 198C amended (Territorial authority’s decision on request)

40 Section 198D amended (Territorial authority's subsequent processing)

41 Section 198E amended (Environment Court decides)

42 Section 198J amended (Territorial authority's subsequent processing)

43 Section 198K amended (Environment Court decides)

44 Section 269 amended (Court procedure)

45 Section 274 amended (Representation at proceedings)

46 Section 281B amended (Review of exercise of power by Registrar)

47 Section 285 amended (Awarding costs)

48 Section 308A amended (Identification of trade competitors and surrogates)

49 New section 308CA inserted (Limit on representation at proceedings as party under section 274)

50 Section 308D amended (Limit on appealing under this Act)

51 Section 308E replaced (Prohibition on using surrogate)

52 Section 308F amended (Surrogate must disclose status)

53 Section 308G amended (Declaration that Part contravened)

54 Section 310 amended (Scope and effect of declaration)

55 Section 318 amended (Right to be heard)

56 Section 330 amended (Emergency works and power to take preventive or remedial action)

57 Section 330A amended (Resource consents for emergency works)

58 New section 336 and cross-heading inserted

59 Section 357 amended (Right of objection against certain decisions)

60 Section 357A amended (Right of objection to consent authority against certain decisions or requirements)

61 Section 357C amended (Procedure for making and hearing objection under sections 357 to 357B)

62 Section 360 amended (Regulations)

63 Section 390C amended (Dealing with applications for permissions)

64 Section 391A amended (Resource consents following approval under Clean Air Act 1972)

65 Section 393 amended (Applications for Orders in Council to reclaim land and approval for harbour works)

66 Section 409 amended (Financial contributions for developments)

67 New Part 16 inserted

68 New Schedule 12 inserted

Consequential amendment

69 Resource Management (Simplifying and Streamlining) Amendment Act 2009

Part 2
Amendments that commence 3 months after Royal assent (or day after Royal assent for certain purposes)

70 Section 32 replaced (Consideration of alternatives, benefits, and costs)

71 Section 32A amended (Failure to carry out evaluation)

72 Section 44 amended (Restriction on power to make national environmental standards)

73 Section 46 amended (Proposed national policy statement)

74 Section 46A amended (Minister chooses process)

75 Section 52 amended (Consideration of recommendations and approval or withdrawal of statement)

76 Section 61 amended (Matters to be considered by regional council (policy statements))

77 Section 66 amended (Matters to be considered by regional council (plans))

78 Section 74 amended (Matters to be considered by territorial authority)

79 Section 143 amended (Restriction on when local authority may request call in)

80 Section 165H amended (Regional council to have regard to and be satisfied about certain matters before including allocation rule in regional coastal plan or proposed regional coastal plan)

81 Section 310 amended (Scope and effect of declaration)

82 Section 360B amended (Conditions to be satisfied before regulations made under section 360A)

83 Schedule 1, clause 5 amended

84 Schedule 1, clause 10 amended

85 Schedule 1, clause 22 amended

86 Schedule 1, clause 25 amended

87 Schedule 1, clause 29 amended

Part 3
Amendments that commence by Order in Council

88 Section 41B amended (Directions to provide evidence within time limits)

89 Section 42A amended (Reports to local authority)

90 Section 87G amended (Environment Court determines application)

91 Section 87I amended (When consent authority must determine application)

92 Section 88 amended (Making an application)

93 Section 88B replaced (Time limits from which time periods are excluded)

94 Section 88C amended (Excluded time periods relating to provision of further information)

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

96 Section 88E amended (Excluded time periods relating to other matters)

97 Section 88F amended (Excluded time relating to pre-request aquaculture agreements)

98 New sections 91A to 91C inserted

99 Section 95 amended (Time limit for public notification or limited notification)

100 Section 97 replaced (Time limit for submissions)

101 Section 101 amended (Hearing date and notice)

102 Section 103A replaced (Time limit for completion of adjourned hearing)

103 Section 107F amended (Applications to undertake aquaculture activities)

104 Section 115 amended (Time limits for notification of decision)

105 Section 149Z amended (Local authority must process referred matter)

106 Section 165ZFE amended (Processing of affected applications)

107 Section 165ZM amended (Other provisions of Act apply subject to this subpart)

108 Section 165ZP amended (Incomplete concurrent application)

109 Section 165ZQ amended (Additional consents)

110 Section 168A amended (Notice of requirement by territorial authority)

111 Section 169 amended (Further information, notification, submissions, and hearing for notice of requirement to territorial authority)

112 Section 181 amended (Alteration of designation)

113 Section 189A amended (Notice of requirement for heritage order by territorial authority)

114 Section 190 amended (Further information, notification, submissions, and hearing for notice of requirement to territorial authority)

115 Section 195A amended (Alteration of heritage order)

116 New sections 198AA to 198AD and cross-heading inserted

117 Section 198E amended (Environment Court decides)

118 Section 198G amended (When territorial authority must deal with requirement)

119 Section 198K amended (Environment Court decides)

120 Section 198M amended (When territorial authority must deal with requirement)

121 Section 206 amended (Conduct of hearing)

122 Section 357 amended (Right of objection against certain decisions)

123 Section 358 amended (Appeals against certain decisions or objections)

124 Schedule 1 amended

125 Schedule 4 replaced

Schedule 1
New Schedule 4 of Resource Management Act 1991

Schedule 2
New Schedule 12 of Resource Management Act 1991

Legislative history


The Parliament of New Zealand enacts as follows: