Resource Management (Simplifying and Streamlining) Amendment Bill

59 New heading and sections 86A to 86C inserted

• The following heading and sections are inserted after section 86:

  “Legal effect of rules

  “86A When rules in proposed plans and changes have legal effect

  • “(1) A rule in a proposed plan or change does not have legal effect until—

    • “(a) a decision on submissions relating to the rule is made and publicly notified under clause 10(4) of Schedule 1; or

    • “(b) section 86C applies; or

    • “(c) the proposed plan or change becomes operative in accordance with clause 20 of Schedule 1, but only if,—

      • “(i) before publicly notifying the proposed plan or change under clause 5 of that schedule, the local authority concerned makes a resolution to this effect; and

      • “(ii) the public notification includes the resolution.

    “(2) Despite subsection (1), a rule in a proposed plan has legal effect—

    • “(a) from the date the proposed plan or change is publicly notified under clause 5 of Schedule 1, if the rule—

      • “(i) expressly protects water, air, soil (for soil conservation), areas of significant indigenous vegetation, or areas of significant habitats of indigenous fauna, or historic heritage; or

      • “(ii) provides for an aquaculture management area:

    • “(b) from the date of the order of the Environment Court, if the local authority applies for the rule to be exempt from subsection (1), and the Court makes the order:

    • “(c) from the day after the date on which the local authority publicly notifies that a resolution made under subsection (1)(c) is rescinded, but only if the public notice includes a statement of the recision, the resolution to which it relates, and the date on which the recision was made.

  “86B Rule to which section 86A applies excluded from reference to rule in this Act

  • “(1) A reference in this Act, or in any regulations made under this Act, to a rule in a plan, a proposed plan, or a change does not include a reference to a rule in the plan, proposed plan, or change that has not taken legal effect in accordance with section 86A.

    “(2) Subsection (1) applies subject to any express provision to the contrary in this Act.

  “86C Certain rules in proposed plans to be operative

  • A rule in a proposed plan is to be treated as if it is operative, and any previous rule is inoperative, if the time for making submissions or lodging appeals on the rule has expired and—

    • “(a) no submissions in opposition have been made or appeals have been lodged; or

    • “(b) all submissions in opposition and appeals have been determined; or

    • “(c) all submissions in opposition have been withdrawn and all appeals withdrawn or dismissed.”