Resource Legislation Amendment Act 2017

  • not the latest version
  • Corrections have been made to section 19(2) and section 268 on 21 April 2017 under section 25(1)(j)(iii) of the Legislation Act 2012.
Coat of Arms of New Zealand

Resource Legislation Amendment Act 2017

Public Act
 
2017 No 15
Date of assent
 
18 April 2017
Commencement
 
see section 2

Contents

1Title
2Commencement
3Principal Act
4Section 2 amended (Interpretation)
5New section 3B inserted (Transitional, savings, and related provisions)
3BTransitional, savings, and related provisions
6Section 6 amended (Matters of national importance)
7Section 12 amended (Restrictions on use of coastal marine area)
8Section 14 amended (Restrictions relating to water)
9New section 18A and cross-heading inserted
18AProcedural principles
10Section 24 amended (Functions of Minister for the Environment)
11Section 29 amended (Delegation of functions by Ministers)
12Section 30 amended (Functions of regional councils under this Act)
13Section 31 amended (Functions of territorial authorities under this Act)
14Section 32 amended (Requirements for preparing and publishing evaluation reports)
15Section 32AA amended (Requirements for undertaking and publishing further evaluations)
16Section 32A amended (Failure to carry out evaluation)
17Section 34A amended (Delegation of powers and functions to employees and other persons)
18Section 35 amended (Duty to gather information, monitor, and keep records)
19Section 35A amended (Duty to keep records about iwi and hapu)
20Section 36 amended (Administrative charges)
21New sections 36AAA and 36AAB inserted
36AAACriteria for fixing administrative charges
36AABOther matters relating to administrative charges
22Section 39B amended (Persons who may be given hearing authority)
23Section 42C amended (Functions of EPA)
24New section 42CA inserted (Cost recovery for specified function of EPA)
42CACost recovery for specified function of EPA
25Section 43AA amended (Interpretation)
26Section 43AAC amended (Meaning of proposed plan)
27Cross-heading above section 43 replaced
28Section 43 amended (Regulations prescribing national environmental standards)
29Section 43A amended (Contents of national environmental standards)
30Section 43B amended (Relationship between national environmental standards and rules or consents)
31Section 43E amended (Relationship between national environmental standards and bylaws)
32Section 43G repealed (Incorporation of material by reference in national environmental standards)
33Section 44 amended (Restriction on power to make national environmental standards)
34Section 44A amended (Local authority recognition of national environmental standards)
35New section 45A inserted (Contents of national policy statements)
45AContents of national policy statements
36Section 46 repealed (Proposed national policy statement)
37Section 46A replaced (Minister chooses process)
46ASingle process for preparing national directions
38Section 46B amended (Incorporation of material by reference in national policy statements)
39Section 47 amended (Board of inquiry)
40Section 48 amended (Public notification of proposed national policy statement and inquiry)
41Section 49 amended (Submissions to board of inquiry)
42Section 50 amended (Conduct of hearing)
43Section 51 amended (Matters to be considered and board of inquiry’s report)
44Section 52 amended (Consideration of recommendations and approval or withdrawal of statement)
45Section 55 amended (Local authority recognition of national policy statements)
46Section 56 amended (Purpose of New Zealand coastal policy statements)
47Section 57 amended (Preparation of New Zealand coastal policy statements)
48Section 58 amended (Contents of New Zealand coastal policy statements)
49Section 58A repealed (Incorporation of material by reference in New Zealand coastal policy statements)
50New sections 58B to 58K and cross-heading inserted
58BPurposes of national planning standards
58CScope and contents of national planning standards
58DPreparation of national planning standards
58EApproval of national planning standard
58FPublication of national planning standards and other documents
58GFirst set of national planning standards
58HChanging, replacing, or revoking national planning standards
58ILocal authority recognition of national planning standards
58JTime frames applying under first set of national planning standards
58KObligation to publish documents
51New subpart 2 of Part 5 and new subpart 3 heading in Part 5 inserted
58LDefinitions
58MPurpose of Mana Whakahono a Rohe
58NGuiding principles
58OInitiation of Mana Whakahono a Rohe
58POther opportunities to initiate Mana Whakahono a Rohe
58QTime frame for concluding Mana Whakahono a Rohe
58RContents of Mana Whakahono a Rohe
58SResolution of disputes that arise in course of negotiating Mana Whakahono a Rohe
58TReview and monitoring
58URelationship with iwi participation legislation
52Section 61 amended (Matters to be considered by regional council (policy statements))
53Section 62 amended (Contents of regional policy statements)
54Section 65 amended (Preparation and change of other regional plans)
55Section 66 amended (Matters to be considered by regional council (plans))
56Section 67 amended (Contents of regional plans)
57Section 69 amended (Rules relating to water quality)
58Section 73 amended (Preparation and change of district plans)
59Section 74 amended (Matters to be considered by territorial authority)
60Section 75 amended (Contents of district plans)
61Cross-heading above section 78 repealed
62New cross-heading above section 79 inserted
63Section 79 amended (Review of policy statements and plans)
64New cross-heading above section 80 inserted
65Section 80 amended (Combined regional and district documents)
66New subparts 4 and 5 of Part 5 and new subpart 6 heading in Part 5 inserted
80AUse of collaborative planning process
80BPurpose, scope, application of Schedule 1, and definitions
80CApplication to responsible Minister for direction
67Section 82 amended (Disputes)
68Section 85 amended (Compensation not payable in respect of controls on land)
69Section 86 amended (Power to acquire land)
70Cross-heading above section 86A replaced
71Section 86A amended (Purpose of sections 86B to 86G)
72Section 86B amended (When rules in proposed plans and changes have legal effect)
73Section 86D amended (Environment Court may order rule to have legal effect from date other than standard date)
74Section 86E amended (Local authorities must identify rules having early or delayed legal effect)
75Section 86F amended (When rules in proposed plans must be treated as operative)
76Section 86G amended (Rule that has not taken legal effect or become operative excluded from references to rule in this Act and regulations made under this Act)
77Section 123A amended (Duration of consent for aquaculture activities)
78Section 128 amended (Circumstances when consent conditions can be reviewed)
79Section 139 amended (Consent authorities and Environmental Protection Authority to issue certificates of compliance)
80Section 141 amended (Interpretation)
81Section 142 amended (Minister may call in matter that is or is part of proposal of national significance)
82Section 144 amended (Restriction on when Minister may call in matter)
83Section 149C amended (EPA must give public notice of Minister’s direction)
84Section 149E amended (EPA to receive submissions on matter if public notice of direction has been given)
85Section 149F amended (EPA to receive further submissions if matter is request, change, or variation)
86Section 149G amended (EPA must provide board or court with necessary information)
87Section 149J amended (Minister to appoint board of inquiry)
88Section 149K amended (How members appointed)
89New section 149KA inserted (EPA may make administrative decisions)
149KAEPA may make administrative decisions
90Section 149L amended (Conduct of inquiry)
91Section 149O amended (Public notice and submissions where EPA receives proposed plan or change from local authority under section 149N)
92Section 149Q repealed (Board to produce draft report)
93Section 149R amended (Board to produce final report)
94Section 149RA amended (Minor corrections of board decisions, etc)
95Section 149S amended (Minister may extend time by which board must report)
96New sections 149ZF and 149ZG inserted
149ZFLiability to pay costs constitutes debt due to EPA or the Crown
149ZGProcess may be suspended if costs outstanding
97Section 170 amended (Discretion to include requirement in proposed plan)
98Section 189 amended (Notice of requirement to territorial authority)
99New sections 195B and 195C inserted
195BTransfer of heritage order
195CNotice of determination
100Section 265 amended (Environment Court sittings)
101Section 267 amended (Conferences)
102Section 268 replaced (Alternative dispute resolution)
268Alternative dispute resolution
268AMandatory participation in alternative dispute resolution processes
103Section 276 amended (Evidence)
104New section 277A inserted (Powers of Environment Court in relation to evidence heard on appeal by way of rehearing)
277APowers of Environment Court in relation to evidence heard on appeal by way of rehearing
105Section 279 amended (Powers of Environment Judge sitting alone)
106Section 280 amended (Powers of Environment Commissioner sitting without Environment Judge)
107Section 281A replaced (Registrar may waive, reduce, or postpone payment of fee)
281ARegistrar may waive, reduce, or postpone payment of fee
108Section 293 amended (Environment Court may order change to proposed policy statements and plans)
109Section 308B amended (Limit on making submissions)
110Section 310 amended (Scope and effect of declaration)
111Section 352A amended (Mode of service of summons on master or owner of ship)
112Section 357B amended (Right of objection in relation to imposition of additional charges or recovery of costs)
113Section 357D amended (Decision on objections made under sections 357 to 357B)
114Section 360 amended (Regulations)
115Section 360B amended (Conditions to be satisfied before regulations made under section 360A)
116New sections 360D, 360E, and 360F inserted
360DRegulations that prohibit or remove certain rules
360EProcedures relevant to making rules under section 360D
360FRegulations relating to administrative charges and other amounts
117Section 401B amended (Obligation to pay coastal occupation charge deemed condition of consent)
118Part 16 repealed
119Schedule 1 amended
120Schedule 1AA amended
121Schedule 4 amended
122Schedule 12 amended
123Consequential amendments commencing on day after Royal assent
124Section 2 amended (Interpretation)
125Section 2AA amended (Definitions relating to notification)
126New section 2AB inserted (Meaning of public notice)
2ABMeaning of public notice
127Section 11 amended (Restrictions on subdivision of land)
128Section 35 amended (Duty to gather information, monitor, and keep records)
129Section 36 amended (Administrative charges)
130Section 41A amended (Control of hearings)
131Section 41C amended (Directions and requests before or at hearings)
132New section 41D inserted (Striking out submissions)
41DStriking out submissions
133Section 48 amended (Public notification of proposed national policy statement and inquiry)
134New sections 87AAB to 87AAD inserted
87AABMeaning of boundary activity and related terms
87AACMeaning of fast-track application
87AADOverview of application of this Part to boundary activities and fast-track applications
135New sections 87BA and 87BB inserted
87BABoundary activities approved by neighbours on infringed boundaries are permitted activities
87BBActivities meeting certain requirements are permitted activities
136Section 88 amended (Making an application)
137Sections 95 to 95B replaced
95Time limit for public notification or limited notification
95APublic notification of consent applications
95BLimited notification of consent applications
138Section 95C amended (Public notification of consent application after request for further information or report)
139Section 95D amended (Consent authority decides if adverse effects likely to be more than minor)
140Section 95E replaced (Consent authority decides if person is affected person)
95EConsent authority decides if person is affected person
141Section 95F amended (Status of protected customary rights group)
142Section 95G amended (Status of customary marine title group)
143Section 104 amended (Consideration of applications)
144Section 104D amended (Particular restrictions for non-complying activities)
145Section 106 amended (Consent authority may refuse subdivision consent in certain circumstances)
146Section 108 amended (Conditions of resource consents)
147New section 108AA inserted (Requirements for conditions of resource consents)
108AARequirements for conditions of resource consents
148Section 115 amended (Time limits for notification of decision)
149Section 120 amended (Right to appeal)
150Section 139 amended (Consent authorities and Environmental Protection Authority to issue certificates of compliance)
151Section 139A amended (Consent authorities to issue existing use certificates)
152Section 149ZB amended (How EPA must deal with certain applications and notices of requirement)
153Section 149ZC amended (Minister to decide whether application or notice of requirement to be notified)
154New sections 149ZCA to 149ZCF inserted
149ZCAApplication of sections 149ZCB to 149ZCF
149ZCBPublic notification of application or notice at Minister’s discretion
149ZCCLimited notification of application or notice
149ZCDPublic notification of application or notice after request for further information
149ZCEMinister to decide if adverse effects likely to be more than minor
149ZCFMinister to decide if person is affected person
155Section 151 amended (Interpretation)
156Section 165C amended (Interpretation)
157Section 168A amended (Notice of requirement by territorial authority)
158Section 169 amended (Further information, notification, submissions, and hearing for notice of requirement to territorial authority)
159Section 171 amended (Recommendation by territorial authority)
160Section 189A amended (Notice of requirement for heritage order by territorial authority)
161Section 190 amended (Further information, notification, submissions, and hearing for notice of requirement to territorial authority)
162Section 198AD amended (Excluded time periods relating to other matters)
163Section 204 amended (Public notification of application)
164Section 220 amended (Condition of subdivision consents)
165Section 352 amended (Service of documents)
166Section 357 amended (Right of objection against certain decisions)
167New section 357AB inserted (Objection under section 357A(1)(f) or (g) may be considered by hearings commissioner)
357ABObjection under section 357A(1)(f) or (g) may be considered by hearings commissioner
168Section 357C amended (Procedure for making and hearing objection under sections 357 to 357B)
169New section 357CA inserted (Powers of hearings commissioner considering objection under section 357A(1)(f) or (g))
357CAPowers of hearings commissioner considering objection under section 357A(1)(f) or (g)
170Section 358 amended (Appeals against certain decisions or objections)
171Section 360 amended (Regulations)
172Section 360F amended (Regulations relating to administrative charges and other amounts)
173New sections 360G and 360H inserted
360GRegulations relating to fast-track applications
360HRegulations relating to notification of consent applications
174Schedule 1 amended
175Section 108 amended (Conditions of resource consents)
176Section 108AA amended (Requirements for conditions of resource consents)
177Section 110 repealed (Refund of money and return of land where activity does not proceed)
178Section 111 repealed (Use of financial contributions)
179Section 222 amended (Completion certificates)
180Section 407 amended (Subdivision consent conditions)
181Section 409 repealed (Financial contributions for developments)
182Section 411 repealed (Restriction on imposition of conditions as to financial contributions)
183Schedule 12 amended
184Consequential amendments relating to financial contributions
185Principal Act
186Section 15 amended (Exchange of reserves for other land)
187New section 15AA inserted (Administering body may authorise exchange of recreation reserve land for other land)
15AAAdministering body may authorise exchange of recreation reserve land for other land
188Consequential amendments to Resource Management Act 1991
116BWhen resource consent commences if subject to grant of application to exchange recreation reserve land
189Principal Act
190New section 2A inserted (Transitional, savings, and related provisions)
2ATransitional, savings, and related provisions
191Section 4C amended (Delegation of Minister’s powers)
192Section 24 amended (Objection to be heard by Environment Court)
193Section 59 amended (Interpretation)
194Section 72 amended (Additional compensation for acquisition of notified dwelling)
195New sections 72A to 72E inserted
72AAmount of compensation to be paid under section 72
72BDefinitions of terms used in sections 72C and 72D
72CAdditional compensation for acquisition of notified land
72DCircumstances in which compensation must not be paid under section 72C
72EAdjustment of compensation payable under section 72 or 72C
196Section 75 amended (Compensation for tenants of residential and business premises)
197Section 249 repealed (Transitional provision)
198New Schedule 1AA inserted
199Principal Act
200Section 2 amended (Interpretation)
201New section 3A inserted (Transitional, savings, and related provisions)
3ATransitional, savings, and related provisions
202Sections 17S and 17T replaced
17SContents of application
17SAMinister may return application that lacks required information
17SBMinister may decline application that is obviously inconsistent with Act, etc
17SCPublic notification of application for leases, licences, permits, or easements
17SDMinister may require applicant to provide further information
17SEMinister may commission report or advice
17TMinister to consider applications
203Section 17U amended (Matters to be considered by Minister)
204Section 49 amended (Public notice and rights of objection)
205New Schedule 1AA inserted
206Consequential amendment to Crown Minerals Act 1991
207Consequential amendment to Wild Animal Control Act 1977
208Principal Act
209Section 3 amended (Outline of Act)
210Section 4 amended (Interpretation)
211New sections 7A and 7B inserted
7AMeaning of public notice
7BTransitional, savings, and related provisions
212Section 9 amended (Application to ships and aircraft of New Zealand Defence Force and foreign States)
213Section 10 amended (Purpose)
214Section 12 amended (Treaty of Waitangi)
215Section 13 amended (Functions of Environmental Protection Authority)
216Section 16 amended (Restriction on Environmental Protection Authority’s power to delegate)
217Section 18 replaced (Function of Māori Advisory Committee)
18Function of Māori Advisory Committee
218Section 20 amended (Restriction on activities other than discharges and dumping)
219Section 21 amended (Certain existing activities may continue)
220Section 22 amended (Planned petroleum activities may commence)
221Section 25 amended (Duty of persons operating in exclusive economic zone or on continental shelf)
222Part 3 heading and subpart 1 heading in Part 3 replaced
223New section 29E and cross-heading inserted
29EDecommissioning plans
224Section 32 amended (Process for developing or amending regulations)
225Section 34A amended (Matters to be considered for regulations relating to discharges and dumping)
226Cross-heading above section 35 replaced
227Sections 35 to 58 and cross-headings replaced
35Permitted activities
36Discretionary activities
37Prohibited activities
37APurpose and scope of EEZ policy statements
37BNotification of, and consultation on, proposed EEZ policy statement
37CMatters to be considered by Minister when determining whether to issue EEZ policy statement
37DRevision, withdrawal, and approval of proposed EEZ policy statements
37EChanges to, or review or revocation of, EEZ policy statements
37FIncorporation of material by reference in EEZ policy statements
37GEEZ policy statement is disallowable instrument
38Application for marine consent
39Impact assessment
40Environmental Protection Authority must determine if application complete
41Environmental Protection Authority may commission independent review of impact assessment
42Environmental Protection Authority may ask applicant to complete incomplete application
43Environmental Protection Authority must return incomplete application
44Joint processing and decision making on related applications
45Copy of application for non-notified activity
46Copy of application for publicly notified activity
47Making of submissions
48Time limit for submissions
49Advising applicants of submissions
50Hearings in respect of applications for non-notified activities
51Hearings in respect of applications for publicly notifiable activities other than section 20 activities
52Minister must appoint boards of inquiry for applications for publicly notifiable section 20 activities
53Obligation to deal with application promptly
54Request for further information
55Response to request
56Marine consent authority may obtain advice or information
57Meetings and mediation to resolve matters before decision
228Cross-heading above section 59 replaced
229Section 59 amended (Environmental Protection Authority’s consideration of application)
230Section 60 amended (Matters to be considered in deciding extent of adverse effects on existing interests)
231Section 61 amended (Information principles)
232Section 62 amended (Decisions on applications for marine consents)
233Section 63 amended (Conditions of marine consents)
234Section 64 amended (Adaptive management approach)
235Section 65 amended (Bonds)
236Section 68 amended (Time limits for Environmental Protection Authority’s decision)
237Section 69 replaced (Decision of Environmental Protection Authority to be in writing)
69Decision of marine consent authority to be in writing
238Section 70 amended (Notification of Environmental Protection Authority’s decision)
239New subpart 2E heading in Part 3A inserted
240Section 73 amended (Duration of marine consent)
241Section 74 amended (Exercise of marine consent while applying for new consent)
242New section 75A and cross-heading inserted
75AResidual powers of EPA
243Section 78 amended (Public notice of review)
244Section 78A amended (Copy of notice of review of non-notified activity)
245Section 79 amended (Further information, advice, submissions, and hearing)
246New cross-heading above section 84 inserted
247Section 84 amended (Minor corrections of marine consents)
248Section 87 amended (Change or cancellation of consent conditions on application by consent holder)
249Subpart 2A of Part 3 repealed
250Section 88 amended (Interpretation)
251Section 91 amended (Joint application for consent for cross-boundary activity)
252Section 92 amended (Separate applications for consents for cross-boundary activity)
253Section 93 amended (Environmental Protection Authority may require joint application)
254Section 94 amended (Decision to separate joint application for consent)
255New section 94A inserted (Environmental Protection Authority may decide to separate joint application)
94AEnvironmental Protection Authority may decide to separate joint application
256Section 96 replaced (Environmental Protection Authority to administer process)
96Environmental Protection Authority to administer process
257Section 98 replaced (Separate decisions on marine consent and resource consent applications)
98Separate decisions on marine consent and resource consent applications
258Section 99 amended (Application for consent for nationally significant cross-boundary activity referred to board of inquiry)
259New section 99A inserted (Joint applications for section 20 activity and for nationally significant activity to be referred to board of inquiry)
99AJoint applications for section 20 activity and for nationally significant activity to be referred to board of inquiry
260New subpart 4 of new Part 3A inserted
100ASubmitting decommissioning plan for acceptance
100BAssessment and acceptance of decommissioning plan
100CAmendment of accepted decommissioning plan
100DRequirement for public consultation
261Subpart 1 heading in Part 4 replaced
262Section 101 amended (Right of objection to Environmental Protection Authority against certain decisions)
263Section 102 amended (Procedure for making or hearing objection)
264Section 103 amended (Decision on objection)
265New subpart 1A heading in Part 4 inserted
266Section 105 amended (Appeals on question of law)
267Section 109 repealed (Representation at proceedings)
268New subparts 1B and 1C of Part 4 inserted
113AAppeals on question of law
113BNotice of appeal
113CRight to appear and be heard on appeal
113DParties to appeal
113EDismissal of appeal
113FDate of hearing
113GApplication of High Court Rules
113HAppeal to Supreme Court
113IRepresentation at proceedings
269Section 134G amended (Other offences)
270Section 137 amended (Limitation period)
271Section 141 amended (Power of entry for inspection)
272Section 142 amended (Protection of the Crown and others)
273Section 143 amended (Principles of cost recovery)
274Section 148 amended (Service of documents)
275New section 158BA inserted (EPA and WorkSafe to share information)
158BAEPA and WorkSafe to share information
276Section 161 amended (Existing petroleum activities that become discretionary)
277Section 162 amended (Existing petroleum mining activities involving structures or pipelines)
278Section 163 amended (Other existing activities that become discretionary)
279Section 164A amended (Dumping permits issued under Maritime Transport Act 1994)
280Section 164B amended (Provisions of discharge management plans approved under Maritime Transport Act 1994 become marine discharge consents)
281Section 166 amended (Planned petroleum activities that become discretionary)
282New Schedule 1 inserted
283Schedule amended
284New Schedules 3 and 4 inserted
285Consequential amendment to Environmental Protection Authority Act 2011
286Consequential amendment to Maritime Transport Act 1994
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: