Resource Management Reform Bill

  • enacted

Hon Amy Adams

Resource Management Reform Bill

Government Bill

93—2

As reported from the Local Government and Environment Committee

Contents

Commentary

Key

1 Title

2 Commencement

Part 1
Resource Management Act 1991

3 Principal Act

Subpart 1Amendments 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)

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)

17A Cross-heading above section 104E repealed

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

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

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

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

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

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

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

25 Section 149L amended (Conduct of inquiry)

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

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

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

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

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

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

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

33 Section 165ZFE amended (Processing of affected applications)

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

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

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

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

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

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

40 Section 198E amended (Environment Court decides)

41 Section 198I amended (Territorial authority’s decision)

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)

52A Section 308G amended (Declaration that Part contravened)

53 Section 310 amended (Scope and effect of declaration)

54 Section 318 amended (Right to be heard)

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

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

57 New section 336 and cross-heading inserted

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

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

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

61 Section 360 amended (Regulations)

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

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

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

65 Section 409 amended (Financial contributions for developments)

66 New Part 16 inserted

67 New Schedule 12 inserted

Consequential amendment

68 Resource Management (Simplifying and Streamlining) Amendment Act 2009

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

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

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

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

72 Section 46 amended (Proposed national policy statement)

73 Section 46A amended (Minister chooses process)

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

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

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

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

78 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)

79 Section 310 amended (Scope and effect of declaration)

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

81 Schedule 1, clause 5 amended

82 Schedule 1, clause 10 amended

83 Schedule 1, clause 22 amended

84 Schedule 1, clause 25 amended

85 Schedule 1, clause 29 amended

Subpart 3Amendments that commence by Order in Council

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

87 Section 42A amended (Reports to local authority)

88 Section 87G amended (Environment Court determines application)

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

90 Section 88 amended (Making an application)

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

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

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

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

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

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

96 New sections 91A to 91C inserted

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

98 Section 97 replaced (Time limit for submissions)

99 Section 101 amended (Hearing date and notice)

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

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

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

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

104 Section 165ZFE amended (Processing of affected applications)

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

106 Section 165ZP amended (Incomplete concurrent application)

107 Section 165ZQ amended (Additional consents)

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

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

110 Section 181 amended (Alteration of designation)

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

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

113 Section 195A amended (Alteration of heritage order)

114 New sections 198AA to 198AE and cross-heading inserted

115 Section 198E amended (Environment Court decides)

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

117 Section 198K amended (Environment Court decides)

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

119 Section 206 amended (Conduct of hearing)

119A Section 357 amended (Right of objection against certain decisions)

119B Section 358 amended (Appeals against certain decisions or objections)

120 Schedule 1 amended

121 Schedule 4 replaced

Part 2
Local Government (Auckland Transitional Provisions) Act 2010

122 Principal Act

123 Section 3 amended (Purpose of this Act)

124 Section 5 amended (Transitional regulations)

125 New Part 4 inserted

Initial preparation of proposed Auckland combined plan

Hearings Panel to hold Hearing into submissions on proposed plan

Hearing procedure

Recommendations of Hearings Panel

Council decisions on recommendations

Designations and heritage orders of requiring authorities other than Auckland Council

Proposed plan deemed approved or adopted

RMA provisions relating to legal effect of rules apply

Objections, appeals, and judicial review

Auckland Council to notify when plan operative

Hearings Panel

Part 3
Local Government Official Information and Meetings Act 1987

126 Principal Act

127 Section 45 amended (Interpretation)

128 New section 45A inserted (Application of this Part to certain local authorities)

129 New section 59 inserted (Transitional provisions for amendments made on or after commencement of Part 3 of Resource Management Reform Act 2012)

130 New Schedule 6 inserted

Schedule 1
New Schedule 4 of Resource Management Act 1991

Schedule 2
New Schedule 12 of Resource Management Act 1991

Schedule 3
New Schedule 6 of Local Government Official Information and Meetings Act 1987

Legislative history


The Parliament of New Zealand enacts as follows: