Resource Legislation Amendment Bill

  • enacted

Hon Dr Nick Smith

Resource Legislation Amendment Bill

Government Bill

101—3

Contents

Key
1Title
2Commencement
3Principal Act
4Section 2 amended (Interpretation)
4ANew section 3B inserted (Transitional, savings, and related provisions)
3BTransitional, savings, and related provisions
5Section 6 amended (Matters of national importance)
6Section 12 amended (Restrictions on use of coastal marine area)
7Section 14 amended (Restrictions relating to water)
8New section 18A and cross-heading inserted
18AProcedural principles
9Section 24 amended (Functions of Minister for the Environment)
10Section 29 amended (Delegation of functions by Ministers)
11Section 30 amended (Functions of regional councils under this Act)
12Section 31 amended (Functions of territorial authorities under this Act)
13Section 32 amended (Requirements for preparing and publishing evaluation reports)
14Section 32AA amended (Requirements for undertaking and publishing further evaluations)
15Section 32A amended (Failure to carry out evaluation)
16Section 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
21ASection 39B amended (Persons who may be given hearing authority)
22Section 42C amended (Functions of EPA)
23New section 42CA inserted (Cost recovery for specified function of EPA)
42CACost recovery for specified function of EPA
23ASection 43AA amended (Interpretation)
23BSection 43AAC amended (Meaning of proposed plan)
24Cross-heading above section 43 replaced
25Section 43 amended (Regulations prescribing national environmental standards)
26Section 43A amended (Contents of national environmental standards)
27Section 43B amended (Relationship between national environmental standards and rules or consents)
27ASection 43E amended (Relationship between national environmental standards and bylaws)
27BSection 43G repealed (Incorporation of material by reference in national environmental standards)
28Section 44 amended (Restriction on power to make national environmental standards)
28ASection 44A amended (Local authority recognition of national environmental standards)
29New section 45A inserted (Contents of national policy statements)
45AContents of national policy statements
30Section 46 repealed (Proposed national policy statement)
30ASection 46A replaced (Minister chooses process)
46ASingle process for preparing national directions
30BSection 46B amended (Incorporation of material by reference in national policy statements)
30CSection 47 amended (Board of inquiry)
30DSection 48 amended (Public notification of proposed national policy statement and inquiry)
30ESection 49 amended (Submissions to board of inquiry)
30FSection 50 amended (Conduct of hearing)
30GSection 51 amended (Matters to be considered and board of inquiry’s report)
30HSection 52 amended (Consideration of recommendations and approval or withdrawal of statement)
33Section 55 amended (Local authority recognition of national policy statements)
35Section 56 amended (Purpose of New Zealand coastal policy statements)
35ASection 57 amended (Preparation of New Zealand coastal policy statements)
36Section 58 amended (Contents of New Zealand coastal policy statements)
36ASection 58A repealed (Incorporation of material by reference in New Zealand coastal policy statements)
37New sections 58B to 58J 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
58FAFirst set of national planning standards
58GChanging, replacing, or revoking national planning standards
58HLocal authority recognition of national planning standards
58ITime frames applying under first set of national planning standards
58JObligation to publish documents
38New subpart 2 of Part 5 and new subpart 3 heading in Part 5 inserted
58KDefinitions
58LPurpose of Mana Whakahono a Rohe
58MGuiding principles
58NInitiation of Mana Whakahono a Rohe
58OOther opportunities to initiate Mana Whakahono a Rohe
58PTime frame for concluding Mana Whakahono a Rohe
58QContents of Mana Whakahono a Rohe
58RResolution of disputes that arise in course of negotiating Mana Whakahono a Rohe
58SReview and monitoring
58TRelationship with iwi participation legislation
39Section 61 amended (Matters to be considered by regional council (policy statements))
40Section 62 amended (Contents of regional policy statements)
41Section 65 amended (Preparation and change of other regional plans)
42Section 66 amended (Matters to be considered by regional council (plans))
43Section 67 amended (Contents of regional plans)
44Section 69 amended (Rules relating to water quality)
45Section 73 amended (Preparation and change of district plans)
46Section 74 amended (Matters to be considered by territorial authority)
47Section 75 amended (Contents of district plans)
48Cross-heading above section 78 repealed
49New cross-heading above section 79 inserted
49ASection 79 amended (Review of policy statements and plans)
50New cross-heading above section 80 inserted
51Section 80 amended (Combined regional and district documents)
52New 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
53Section 82 amended (Disputes)
54Section 85 amended (Compensation not payable in respect of controls on land)
55Section 86 amended (Power to acquire land)
56Cross-heading above section 86A replaced
57Section 86A amended (Purpose of sections 86B to 86G)
58Section 86B amended (When rules in proposed plans and changes have legal effect)
59Section 86D amended (Environment Court may order rule to have legal effect from date other than standard date)
60Section 86E amended (Local authorities must identify rules having early or delayed legal effect)
60ASection 86F amended (When rules in proposed plans must be treated as operative)
61Section 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)
64ASection 123A amended (Duration of consent for aquaculture activities)
64BSection 128 amended (Circumstances when consent conditions can be reviewed)
65Section 139 amended (Consent authorities and Environmental Protection Authority to issue certificates of compliance)
65ASection 141 amended (Interpretation)
66Section 142 amended (Minister may call in matter that is or is part of proposal of national significance)
67Section 144 amended (Restriction on when Minister may call in matter)
68Section 149C amended (EPA must give public notice of Minister’s direction)
69Section 149E amended (EPA to receive submissions on matter if public notice of direction has been given)
70Section 149F amended (EPA to receive further submissions if matter is request, change, or variation)
71Section 149G amended (EPA must provide board or court with necessary information)
72Section 149J amended (Minister to appoint board of inquiry)
73Section 149K amended (How members appointed)
74New section 149KA inserted (EPA may make administrative decisions)
149KAEPA may make administrative decisions
75Section 149L amended (Conduct of inquiry)
76Section 149O amended (Public notice and submissions where EPA receives proposed plan or change from local authority under section 149N)
77Section 149Q repealed (Board to produce draft report)
78Section 149R amended (Board to produce final report)
79Section 149RA amended (Minor corrections of board decisions, etc)
80Section 149S amended (Minister may extend time by which board must report)
81New sections 149ZF and 149ZG inserted
149ZFLiability to pay costs constitutes debt due to EPA or the Crown
149ZGProcess may be suspended if costs outstanding
82ASection 170 amended (Discretion to include requirement in proposed plan)
84Section 189 amended (Notice of requirement to territorial authority)
86New sections 195B and 195C inserted
195BTransfer of heritage order
195CNotice of determination
89Section 265 amended (Environment Court sittings)
90Section 267 amended (Conferences)
91Section 268 replaced (Alternative dispute resolution)
268Alternative dispute resolution
268AMandatory participation in alternative dispute resolution processes
92Section 276 amended (Evidence)
93New 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
94Section 279 amended (Powers of Environment Judge sitting alone)
95Section 280 amended (Powers of Environment Commissioner sitting without Environment Judge)
96Section 281A replaced (Registrar may waive, reduce, or postpone payment of fee)
281ARegistrar may waive, reduce, or postpone payment of fee
98Section 293 amended (Environment Court may order change to proposed policy statements and plans)
98ASection 308B amended (Limit on making submissions)
99Section 310 amended (Scope and effect of declaration)
100Section 352A amended (Mode of service of summons on master or owner of ship)
101Section 357B amended (Right of objection in relation to imposition of additional charges or recovery of costs)
102Section 357D amended (Decision on objections made under sections 357 to 357B)
103Section 360 amended (Regulations)
104Section 360B amended (Conditions to be satisfied before regulations made under section 360A)
105New sections 360D, 360DA, and 360E inserted
360DRegulations that permit or prohibit certain rules Regulations that prohibit or remove certain rules
360DAProcedures relevant to making rules under section 360D
360ERegulations relating to administrative charges and other amounts
106Section 401B amended (Obligation to pay coastal occupation charge deemed condition of consent)
107Part 16 repealed
108Schedule 1 amended
108ASchedule 1AA amended
109Schedule 4 amended
110Schedule 12 amended
111Consequential amendments commencing on day after Royal assent
112Section 2 amended (Interpretation)
113Section 2AA amended (Definitions relating to notification)
114New section 2AB inserted (Meaning of public notice)
2ABMeaning of public notice
115Section 11 amended (Restrictions on subdivision of land)
116Section 35 amended (Duty to gather information, monitor, and keep records)
117Section 36 amended (Administrative charges)
118Section 41A amended (Control of hearings)
119Section 41C amended (Directions and requests before or at hearings)
120New section 41D inserted (Striking out submissions)
41DStriking out submissions
120ASection 48 amended (Public notification of proposed national policy statement and inquiry)
121New 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
122New sections 87BA and 87BB inserted
87BABoundary activities approved by neighbours on infringed boundaries are permitted activities
87BBActivities meeting certain requirements are permitted activities
123Section 88 amended (Making an application)
125Sections 95 to 95B replaced
95Time limit for public notification or limited notification
95APublic notification of consent applications
95BLimited notification of consent applications
126Section 95C amended (Public notification of consent application after request for further information or report)
127Section 95D amended (Consent authority decides if adverse effects likely to be more than minor)
129Section 95E replaced (Consent authority decides if person is affected person)
95EConsent authority decides if person is affected person
130Section 95F amended (Status of protected customary rights group)
131Section 95G amended (Status of customary marine title group)
131ASection 104 amended (Consideration of applications)
132Section 104D amended (Particular restrictions for non-complying activities)
133Section 106 amended (Consent authority may refuse subdivision consent in certain circumstances)
133ASection 108 amended (Conditions of resource consents)
133BNew section 108AA inserted (Requirements for conditions of resource consents)
108AARequirements for conditions of resource consents
134Section 115 amended (Time limits for notification of decision)
135Section 120 amended (Right to appeal)
136Section 139 amended (Consent authorities and Environmental Protection Authority to issue certificates of compliance)
137Section 139A amended (Consent authorities to issue existing use certificates)
137ASection 149ZB amended (How EPA must deal with certain applications and notices of requirement)
137BSection 149ZC amended (Minister to decide whether application or notice of requirement to be notified)
137CNew 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
138Section 151 amended (Interpretation)
138ASection 165C amended (Interpretation)
138BSection 168A amended (Notice of requirement by territorial authority)
138CSection 169 amended (Further information, notification, submissions, and hearing for notice of requirement to territorial authority)
138DSection 171 amended (Recommendation by territorial authority)
138ESection 189A amended (Notice of requirement for heritage order by territorial authority)
138FSection 190 amended (Further information, notification, submissions, and hearing for notice of requirement to territorial authority)
139Section 198AD amended (Excluded time periods relating to other matters)
140Section 204 amended (Public notification of application)
141Section 220 amended (Condition of subdivision consents)
142Section 352 amended (Service of documents)
143Section 357 amended (Right of objection against certain decisions)
144New 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
145Section 357C amended (Procedure for making and hearing objection under sections 357 to 357B)
146New 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)
148Section 358 amended (Appeals against certain decisions or objections)
149Section 360 amended (Regulations)
150Section 360E amended (Regulations relating to administrative charges and other amounts)
151New sections 360F and 360G inserted
360FRegulations relating to fast-track applications
360GRegulations relating to notification of consent applications
152Schedule 1 amended
153Section 108 amended (Conditions of resource consents)
153ASection 108AA amended (Requirements for conditions of resource consents)
154Section 110 repealed (Refund of money and return of land where activity does not proceed)
155Section 111 repealed (Use of financial contributions)
156Section 222 amended (Completion certificates)
157Section 407 amended (Subdivision consent conditions)
158Section 409 repealed (Financial contributions for developments)
159Section 411 repealed (Restriction on imposition of conditions as to financial contributions)
160Schedule 12 amended
161Consequential amendments relating to financial contributions
162Principal Act
163Section 15 amended (Exchange of reserves for other land)
164New 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
165Consequential amendments to Resource Management Act 1991
116BWhen resource consent commences if subject to grant of application to exchange recreation reserve land
166Principal Act
167New section 2A inserted (Transitional, savings, and related provisions)
2ATransitional, savings, and related provisions
168Section 4C amended (Delegation of Minister’s powers)
169Section 24 amended (Objection to be heard by Environment Court)
170Section 59 amended (Interpretation)
171Section 72 amended (Additional compensation for acquisition of notified dwelling)
172New 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
173Section 75 amended (Compensation for tenants of residential and business premises)
174Section 249 repealed (Transitional provision)
175New Schedule 1AA inserted
176Principal Act
176ASection 2 amended (Interpretation)
177New section 3A inserted (Transitional, savings, and related provisions)
3ATransitional, savings, and related provisions
178Sections 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
180Section 17U amended (Matters to be considered by Minister)
181Section 49 amended (Public notice and rights of objection)
182New Schedule 1AA inserted
182AConsequential amendment to Crown Minerals Act 1991
182BConsequential amendment to Wild Animal Control Act 1977
183Principal Act
183ASection 3 amended (Outline of Act)
184Section 4 amended (Interpretation)
184ANew sections 7A and 7B inserted
7AMeaning of public notice
7BTransitional, savings, and related provisions
184BSection 9 amended (Application to ships and aircraft of New Zealand Defence Force and foreign States)
184CSection 10 amended (Purpose)
184DSection 12 amended (Treaty of Waitangi)
184ESection 13 amended (Functions of Environmental Protection Authority)
184EASection 16 amended (Restriction on Environmental Protection Authority’s power to delegate)
184FSection 18 replaced (Function of Māori Advisory Committee)
18Function of Māori Advisory Committee
184GSection 20 amended (Restriction on activities other than discharges and dumping)
184HSection 21 amended (Certain existing activities may continue)
184ISection 22 amended (Planned petroleum activities may commence)
184JSection 25 amended (Duty of persons operating in exclusive economic zone or on continental shelf)
185Part 3 heading and subpart 1 heading in Part 3 replaced
185ANew section 29E and cross-heading inserted
29EDecommissioning plans
185BSection 32 amended (Process for developing or amending regulations)
186Section 34A amended (Matters to be considered for regulations relating to discharges and dumping)
187Cross-heading above section 35 replaced
188Sections 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
41Environmental Protection Authority must determine if application complete
42Environmental Protection Authority may commission independent review of impact assessment
43Environmental Protection Authority may ask applicant to complete incomplete application
44Environmental Protection Authority must return incomplete application
45Joint processing and decision making on related applications
46Copy of application for non-notified activity
47Copy of application for publicly notified activity
48Making of submissions
49Time limit for submissions
50Advising applicants of submissions
51Hearings in respect of applications for non-notified activities
52Hearings in respect of applications for publicly notifiable activities other than section 20 activities
53Minister must appoint boards of inquiry for applications for publicly notifiable section 20 activities
54Obligation to deal with application promptly
55Request for further information
56Response to request
57Marine consent authority may obtain advice or information
58Meetings and mediation to resolve matters before decision
189Cross-heading above section 59 replaced
190Section 59 amended (Environmental Protection Authority’s consideration of application)
191Section 60 amended (Matters to be considered in deciding extent of adverse effects on existing interests)
192Section 61 amended (Information principles)
193Section 62 amended (Decisions on applications for marine consents)
194Section 63 amended (Conditions of marine consents)
195Section 64 amended (Adaptive management approach)
196Section 65 amended (Bonds)
196ASection 68 amended (Time limits for Environmental Protection Authority’s decision)
197Section 69 replaced (Decision of Environmental Protection Authority to be in writing)
69Decision of marine consent authority to be in writing
198Section 70 amended (Notification of Environmental Protection Authority’s decision)
199New subpart 2E heading in Part 3A inserted
200Section 73 amended (Duration of marine consent)
202Section 74 amended (Exercise of marine consent while applying for new consent)
203New section 75A and cross-heading inserted
75AResidual powers of EPA
203ASection 78 amended (Public notice of review)
203BSection 78A amended (Copy of notice of review of non-notified activity)
203CSection 79 amended (Further information, advice, submissions, and hearing)
204New cross-heading above section 84 inserted
205Section 84 amended (Minor corrections of marine consents)
205ASection 87 amended (Change or cancellation of consent conditions on application by consent holder)
206Subpart 2A of Part 3 repealed
207Section 88 amended (Interpretation)
208Section 91 amended (Joint application for consent for cross-boundary activity)
209Section 92 amended (Separate applications for consents for cross-boundary activity)
210Section 93 amended (Environmental Protection Authority may require joint application)
211Section 94 amended (Decision to separate joint application for consent)
212New section 94A inserted (Environmental Protection Authority may decide to separate joint application)
94AEnvironmental Protection Authority may decide to separate joint application
213Section 96 replaced (Environmental Protection Authority to administer process)
96Environmental Protection Authority to administer process
214Section 98 replaced (Separate decisions on marine consent and resource consent applications)
98Separate decisions on marine consent and resource consent applications
215Section 99 amended (Application for consent for nationally significant cross-boundary activity referred to board of inquiry)
216New 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
217New 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
218Subpart 1 heading in Part 4 replaced
219Section 101 amended (Right of objection to Environmental Protection Authority against certain decisions)
220Section 102 amended (Procedure for making or hearing objection)
221Section 103 amended (Decision on objection)
222New subpart 1A heading in Part 4 inserted
223Section 105 amended (Appeals on question of law)
223ASection 109 repealed (Representation at proceedings)
224New 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
113FDismissal of appeal
113GDate of hearing
113HApplication of High Court Rules
113IAppeal to Supreme Court
113JRepresentation at proceedings
224ASection 134G amended (Other offences)
225Section 137 amended (Limitation period)
226Section 141 amended (Power of entry for inspection)
227Section 142 amended (Protection of the Crown and others)
228Section 143 amended (Principles of cost recovery)
230Section 148 amended (Service of documents)
231New section 158BA inserted (EPA and WorkSafe to share information)
158BAEPA and WorkSafe to share information
231ASection 161 amended (Existing petroleum activities that become discretionary)
232Section 162 amended (Existing petroleum mining activities involving structures or pipelines)
232ASection 163 amended (Other existing activities that become discretionary)
232BSection 164A amended (Dumping permits issued under Maritime Transport Act 1994)
232CSection 164B amended (Provisions of discharge management plans approved under Maritime Transport Act 1994 become marine discharge consents)
232DSection 166 amended (Planned petroleum activities that become discretionary)
233New Schedule 1 inserted
234Schedule amended
235New Schedules 3 and 4 inserted
236Consequential amendment to Environmental Protection Authority Act 2011
237Consequential amendment to Maritime Transport Act 1994
Legislative history

The Parliament of New Zealand enacts as follows: