Hon Dr Nick Smith
Government Bill
18—1
Explanatory note
1 Title
2 Commencement
3 Principal Act amended
Part 1Amendments to principal Act
4 Interpretation
5 Act to bind the Crown
6 New section 9 substituted
9 Restrictions on use of land
7 Certain existing uses in relation to land protected
8 Certain existing building works allowed
9 Restrictions on subdivision of land
10 Restrictions on use of coastal marine area
11 Restriction on certain uses of beds of lakes and rivers
12 Restrictions relating to water
13 Discharge of contaminants into environment
14 Duty to avoid unreasonable noise
15 Duty to avoid, remedy, or mitigate adverse effects
16 Sections 19 and 20 and heading above section 19 repealed
17 New heading inserted
18 New section 22 substituted
22 Duty to give certain information
19 New section 25B inserted
25B Ministers may direct commencement of review
20 Functions of Minister of Conservation
21 Delegation of functions by Ministers
22 Delegation of powers and functions to employees and other persons
23 Duty to gather information, monitor, and keep records
24 Administrative charges
25 New section 36AA inserted
36AA Local authority to adopt policy on discounting administrative charges for failure to meet consent processing deadlines
26 Persons to have powers of consent authority for purposes of sections 37 and 37A
27 Authorisation and responsibilities of enforcement officers
28 Provisions relating to hearings
29 Control of hearings
30 New sections 41BA and 41BB inserted
41BA Reports before hearings
41BB Reports at hearings
31 Directions and requests before or at hearings
32 New section 41D inserted
41D Information and advice at hearings
33 Protection of sensitive information
34 Section 42A and heading above section 42A repealed
35 New Part 4A inserted
Part 4AEnvironmental Protection Authority
42B Establishment of Environmental Protection Authority
42C Functions of Authority
36 Secretary for the Environment to exercise functions of Authority
37 New sections 43AA to 43AAC inserted
43AA Interpretation
43AAB Meaning of district rule and regional rule
43AAC Meaning of proposed plan
38 Additional powers to implement national environmental standards
39 Relationship between national environmental standards and rules or consents
40 New sections 44 and 44A substituted
44 Restriction on power to make national environmental standards
44A Local authority recognition of national environmental standards
41 Minister chooses process
42 Board of inquiry
43 New section 47A inserted
47A Board of inquiry to suspend consideration or consider additional material
44 Conduct of hearing
45 Matters to be considered and board of inquiry's report
46 New section 51A inserted
51A Withdrawal of proposed national policy statement
47 Consideration of recommendations and approval of statement
48 Local authority recognition of national policy statements
49 Matters to be considered by regional council (policy statements)
50 Matters to be considered by regional council
51 Matters to be considered by territorial authority
52 District rules
53 New sections 77A and 77B substituted
77A Power to make rules to apply to classes of activities and specify conditions
77B Duty to include certain rules in relation to controlled or restricted discretionary activities
54 Sections 77C and 77D repealed
55 Section 78A repealed
56 Review of policy statements and plans
57 New section 80 substituted
80 Combined regional and district documents
58 Disputes
59 New heading and sections 86A to 86C inserted
Legal effect of rules
86A When rules in proposed plans and changes have legal effect
86B Rule to which section 86A applies excluded from reference to rule in this Act
86C Certain rules in proposed plans to be operative
60 New sections 87A to 87G
87A Classes of activities
87B Certain activities to be treated as discretionary activities or prohibited activities
Streamlining decision making on resource consents
87C Request for application to go directly to Environment Court
87D Consent authority's decision and subsequent processing
87E Environment Court determines application
87F Residual powers of consent authority
87G When consent authority must determine application
61 Description of type of activity to remain the same
62 Processing provisions from which periods described in section 88C are excluded
63 Description of excluded periods
64 New section 92 substituted
92 Further information may be requested
65 Responses to request
66 New section 92AB inserted
92AB Report may be required
67 Responses to notification
68 New sections 93 to 94AAE substituted
Public and other notification of applications
93 Definitions for purposes of sections 93A to 95
93A Forming opinion on whether person adversely affected
94 Notification of consent application at consent authority's discretion
94AA Circumstances in which consent application required to be publicly notified
94AAB Circumstances in which consent application required to be notified in limited manner
94AAC Circumstances in which consent application being publicly notified prohibited
94AAD Local authority may specify in plan or proposed plan types of activities for which consent applications to be publicly or otherwise notified
94AAE Special circumstances in which consent application publicly notified
69 Forming opinion as to whether adverse effects are minor or more than minor
70 Sections 94B, 94C, and 94D repealed
71 Time limit for notification
72 New section 96 substituted
96 Making submissions
73 New section 100A inserted
100A Hearing by commissioner if requested by applicant or submitter
74 Joint hearings by 2 or more consent authorities
75 Combined hearings in respect of 2 or more applications
76 New section 103A inserted
103A Time limits for hearings adjourned on completion
77 Consideration of applications
78 Determination of applications for controlled activities
79 New section 104C substituted
104C Determination of applications for restricted discretionary activities
80 Decisions on applications to be in writing, etc
81 When resource consent commences
82 New section 117 substituted
117 Application to carry out restricted coastal activity
83 Sections 118 to 119A repealed
84 Right to appeal
85 Procedure for appeal
86 Circumstances when consent conditions can be reviewed
87 Public notification, submissions, and hearing, etc
88 Matters to be considered in review
89 Decisions on review of consent conditions
90 Consent authorities to grant certificates of compliance
91 New section 140 substituted
140 Meaning of applicant, local authority, and matter in sections 141 to 150AA
92 Application of sections 141A to 150AA to coastal marine areas
93 New section 141AA to 141AAI inserted
141AA Applicant may lodge certain matters with Environmental Protection Authority
141AAB Authority to make recommendation to Minister on matter
141AAC Authority may request further information
141AAD Minister's decision on Authority's recommendation
141AAE Authority to execute Minister's decision
141AAF Determination of matter by local authority
141AAG Applicant may lodge certain applications and notices of requirement with Authority if related to proposal of national significance
141AAH Authority to make recommendation to Minister
141AAI Minister's decision on Authority's recommendation
94 Minister's power to intervene
95 Minister's power to call in matters that are or are part of proposals of national significance
96 Local authority's obligations
97 Minister to notify direction
98 Minister to receive submissions
99 Minister to appoint board of inquiry
100 New sections 146A to 146D inserted
146A How members appointed
146B Conduct of inquiry relating to requests for regional plan or requests for changes
146C Process after board accepts request under section 146B
146D Manner in which board to consider proposed plan or change generated from request under section 146B
101 Conduct of inquiry
102 Board to produce draft report
103 Board to produce final report
104 Appeals on questions of law
105 Costs of process
106 Reference to Environment Court
107 Publication, etc, of Order in Council
108 Notice of requirement by local authority
109 Further information, public notification, submissions, and hearing
110 Recommendation by territorial authority
111 Section 172 repealed
112 Notification of decision on designation
113 Appeals
114 Designation to be provided for in district plan
115 Effect of designation
116 Outline plan
117 Land subject to existing designation or heritage order
118 Notice of requirement by territorial authority
119 Further information, public notification, submissions, and hearing
120 Recommendation by territorial authority
121 Land subject to existing heritage order or designation
122 Interim effect of requirement
123 Special tribunal
124 Submissions to special tribunal
125 Conduct of hearing
126 Territorial authority to issue a consent notice
127 Restrictions upon deposit of survey plan
128 Consent authority approval of a plan of survey of a reclamation
129 Restrictions on deposit of plan of survey for reclamation
130 Appointment of Environment Judges and alternate Environment Judges
131 Representation at proceedings
132 New section 280A inserted
280A Application to extend scope of appeal
133 Section 284A repealed
134 New section 285 substituted
285 Awarding costs
135 Section 289 repealed
136 New section 290AA inserted
290AA Powers of Court in regard to appeals under clause 14 of Schedule 1
137 Environment Court may order change to policy statements and plans
138 Appeals to the Court of Appeal
139 New Part 11A inserted
Part 11AAct not to be used to oppose trade competitors
308A Identification of trade competitors and surrogates
308B Limit on making submissions
308C Limit on representation at appeals
308D Limit on appealing to Environment Court
308E Prohibition on using surrogate
308F Surrogate must disclose status
308G Declaration that Part contravened
308H Proceedings for damages in High Court
140 Appeals
141 Penalties
142 Service of documents
143 Right of objection to consent authority against certain decisions or requirements
144 Appeals against certain decisions or objections
145 Regulations
146 Applications for works, etc, in coastal marine area
147 Non-complying activities category removed from Act
148 Amendments to Schedule 1 of principal Act
149 Minor amendments
Part 2Transitional provisions and amendments to other enactments
Subpart 1—Transitional provisions
150 Legal effect of rules
151 Existing rules providing for protection of trees
152 Removal of non-complying activity category from principal Act
153 National environmental standards
154 National policy statements
155 Matters referred directly to Environment Court
156 Proposals of national significance called in
157 Restricted coastal activities
158 Notices of requirement
159 Enforcement proceedings
160 Appeals
161 Outstanding applications for resource consent where further information requested
162 Applications and requirements lodged and accepted before commencement of section 2(3)
163 Certain proposed policy statements or plans, changes, and variations publicly notified before commencement of section 2(3)
Subpart 2—Other enactments
164 Consequential amendments to Costs in Criminal Cases Act 1967
165 Consequential amendments to Crown Organisations (Criminal Liability) Act 2002
166 Amendments to Resource Management Amendment Act 2005
167 Consequential amendments to Sentencing Act 2002
Schedule 1 Amendments required to remove non-complying activity category
Schedule 2 Minor amendments
The Parliament of New Zealand enacts as follows: