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New Zealand Legislation: Bills

Bills are proposed Acts

Hon Dr Nick Smith

Resource Management (Simplifying and Streamlining) Amendment Bill

Government Bill

18—2

As reported from the Local Government and Environment Committee

Contents

3 Principal Act amended

Part 1
Amendments to principal Act

4 Interpretation

4A New section 2AA inserted

2AA Definitions relating to notification

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16 Sections 19 and 20 and heading above section 19 repealed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

Certain existing lawful activities allowed

18 New section 22 substituted

22 Duty to give certain information

18A Functions of Minister for the Environment

18B Power of Minister for the Environment to investigate and make recommendations

19 New section 25B inserted

25B Ministers may direct commencement of review

20 Functions of Minister of Conservation

20A New section 28A substituted

28A Regional council must supply information to 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

23A Duty to keep records about iwi and hapu

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~~

36AA Local authority policy on discounting administrative charges

25A Requirements for waivers and extensions

26 Persons to have powers of consent authority for purposes of sections 37 and 37A

27 Authorisation and responsibilities of enforcement officers

27A Hearings to be public and without unnecessary formality

~~28 Provisions relating to hearings~~

~~29 Control of hearings~~

29A Directions to provide evidence within time limits

~~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~~

33 Protection of sensitive information

~~34 Section 42A and heading above section 42A repealed~~

34 Reports to local authority

35 New Part 4A inserted

Part 4A
Environmental 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~~

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

48A Contents of New Zealand coastal policy statements

49 Matters to be considered by regional council (policy statements)

50 Matters to be considered by regional council (plans)

50A Regional rules

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~~

54 Section 77C repealed

54A New section 77D substituted

77D Rules specifying activities for which consent applications must be notified or are precluded from being notified

55 Section 78A repealed

~~56 Review of policy statements and plans~~

56 New section 79 substituted

79 Review of policy statements and plans

57 New section 80 substituted

80 Combined regional and district documents

59 New heading and sections 86A to 86G inserted

60 New sections 87A to 87G inserted

61 Description of type of activity to remain same

~~62 Processing provisions from which periods described in section 88C are excluded~~

~~63 Description of excluded periods~~

62 New sections 88B to 88E substituted

88B Time limits from which time periods are excluded

88C Excluded time periods relating to provision of further information

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

88E Excluded time periods relating to other matters

63A New section 89A inserted

89A Applications affecting navigation to be referred to Maritime New Zealand

~~64 New section 92 substituted~~

64 Further information, or agreement, may be requested

65 Responses to request

~~66 New section 92AB inserted~~

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~~

68 New heading and sections 93 to 95F substituted

Public notification and limited notification of applications

95 Time limit for public notification or limited notification

95A Public notification of consent application at consent authority's discretion

95B Limited notification of consent application

95C Public notification of consent application after request for further information or report

95D Consent authority decides if adverse effects may be more than minor

95E Consent authority decides if person is affected person

95F Consent authority decides if person is affected order holder

72 New section 96 substituted

96 Making submissions

73 New section 100A inserted

100A Hearing by commissioner if requested by applicant or submitter

73A Hearing date and notice

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 limit for completion of adjourned hearing

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

80A New section 115 substituted

115 Time limits for notification of decision

~~81 When resource consent commences~~

81 When resource consent commences

82 New section 117 substituted

117 Application to carry out restricted coastal activity

83 Sections 118 and 119 repealed

83A New section 119A substituted

119A Coastal permit for restricted coastal activity treated as if granted by regional council

84 Right to appeal

85 Procedure for appeal

86 Circumstances when consent conditions can be reviewed

86A Notice of review

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~~

90 New section 139 substituted

139 Consent authorities and Environmental Protection Authority to issue 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~~

91 New Part 6AA substituted

Part 6AA
Proposals of national significance

140 Outline of this Part

141 Interpretation

Subpart 1—Minister may call in matter

142 Minister may call in matter that is or is part of proposal of national significance

143 Proposals relating to coastal marine area

144 Minister must have regard to certain factors when making call in decision

How matter comes to Minister for call in decision

145 How matter comes to Minister for call in decision

146 Matter lodged with EPA

147 EPA to recommend course of action to Minister

148 Restriction on when Minister may call in matter if matter lodged with local authority

How matter processed after being called in

149 EPA must serve Minister's decision on local authority and applicant

149A EPA must give public notice of Minister's decision

149B Minister may direct EPA to delay giving public notice pending application for additional consents

149C EPA to receive submissions on matter for which call in decision publicly notified

149D EPA to receive further submissions if matter is proposed plan, change, or variation

149E EPA may request further information or commission report

149F EPA must provide board or Court with necessary information and serve notice on certain persons

149G Local authority's obligations where matter called in already lodged with local authority

149H Local authority may not notify further change or variation on same issue if change or variation called in

149I Limitation on withdrawal of change or variation that has been called in

Subpart 2—How called in matter decided

Matter decided by board of inquiry

149J Minister to appoint board of inquiry

149K How members appointed

149L Conduct of inquiry

149M Process if matter is request for regional plan or change and particular circumstances apply

149N Process if section 149J applies or proposed plan or change not yet prepared

149O Public notice and submissions where EPA receives proposed plan or change from local authority under section 149N

149P Consideration of matter by board

149Q Board to produce draft report

149R Board to produce final report

149S Local authority to implement board's decision

149T Minister may extend time by which board must report

Matter decided by Environment Court

149U Reference of called in matter to Environment Court

149V Consideration of matter by Environment Court

149W Appeal from decisions only on question of law

Subpart 3—Miscellaneous obligations, costs, remuneration, allowances, etc

149X Residual powers of local authority

149Y Circumstances where EPA must notify local authority and applicant if matter is not called in

149Z Local authority must process matter not called in

149ZA Minister's powers in relation to matter not called in

149ZB How EPA must deal with certain applications and notices of requirement

149ZC Minister to decide whether application or notice of requirement to be notified

Costs of processes under this Part

149ZD Costs of processes under this Part recoverable from applicant

149ZE Remuneration, allowances, and expenses of boards of inquiry

107 Publication, etc, of Order in Council

108 Notice of requirement for designation by territorial authority

~~109 Further information, public notification, submissions, and hearing~~

109 New section 169 substituted

169 Further information, notification, submissions, and hearing for notice of requirement to territorial authority

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~~

114 New section 175 substituted

175 Designation to be provided for in district plan

115 Effect of designation

~~116 Outline plan~~

117 Land subject to existing designation or heritage order

117A New section 178 substituted

178 Interim effect of requirements for designations

117B Appeals relating to sections 176 to 178

~~118 Notice of requirement by territorial authority~~

118 New section 189A substituted

189A Notice of requirement for heritage order by territorial authority

~~119 Further information, public notification, submissions, and hearing~~

119A New section 190 substituted

190 Further information, notification, submissions, and hearing for notice of requirement to territorial authority

120 Recommendation by territorial authority

120A Application of other sections

121 Land subject to existing heritage order or designation

~~122 Interim effect of requirement~~

122 New section 194 substituted

194 Interim effect of requirement

122A New section 195A inserted

195A Alteration of heritage order

122B New sections 198A to 198N and heading inserted

123 Special tribunal

124 Submissions to special tribunal

125 Conduct of hearing

126 Territorial authority to issue consent notice

127 Restrictions upon deposit of survey plan

128 Consent authority approval of plan of survey of 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 certain appeals under clause 14 of Schedule 1

137 Environment Court may order change to policy statements and plans

138 Appeals to Court of Appeal

139 New Part 11A inserted

140A Offences against this Act

141A Liability of principal for acts of agents

142 Service of documents

142A New section 357 substituted

357 Right of objection to local authorities against certain decisions

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~~

146 Section 395 repealed

~~147 Non-complying activities category removed from Act~~

148 Amendments to Schedule 1 of principal Act

8 Certain persons may make further submissions

8A Service of further submissions

149 Minor amendments

Part 2
Transitional 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)~~

162 Applications and matters lodged before commencement

163 Certain proposed policy statements or plans, changes, and variations publicly notified before commencement

Subpart 2—Other enactments

164 Consequential amendments to Costs in Criminal Cases Act 1967

165 Consequential amendments to Crown Organisations (Criminal Liability) Act 2002

165A Consequential amendment to Incorporated Societies Act 1908

~~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

Legislative history

The Parliament of New Zealand enacts as follows: