Resource Legislation Amendment Bill

Resource Legislation Amendment Bill

Government Bill

101—2

As reported from the Local Government and Environment Committee

Commentary

Recommendation

The Local Government and Environment Committee has examined the Resource Legislation Amendment Bill and recommends by majority that it be passed with the amendments shown.

Introduction

The Resource Legislation Amendment Bill seeks to principally amend the following Acts:

  • Resource Management Act 1991

  • Reserves Act 1977

  • Public Works Act 1981

  • Conservation Act 1987

  • Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.

The bill’s intended purpose is to create a resource management system that achieves the sustainable management of natural and physical resources in an efficient and equitable way.

This commentary covers the main amendments that we, by majority, recommend to the bill. The use of the term “we” throughout this report refers to the majority of the committee. Minority views are included at the end of this report.

This report does not cover minor or technical amendments.

Amendments to the Resource Management Act 1991

Part 1 of the bill (clauses 3–161) contains the proposed changes to the Resource Management Act 1991 (RMA). Part 1 makes up the largest section of the bill.

Interpretation clause

We recommend several amendments to the interpretation clause (clause 4).

We recommend deleting the definition of “iwi participation arrangement”. In its place, we recommend inserting a definition of “Mana Whakahono a Rohe”. We discuss the reasons for this change later in this commentary, along with our recommended changes to the arrangements themselves.

We recommend amending the definition of “iwi participation legislation” to note instead that this term is defined in proposed new section 58K of the RMA (clause 38 of the bill).

We recommend renaming the “national planning template” as “national planning standard”. We realised from public submissions that the use of the word “template” was unclear, and could be misinterpreted contrary to the policy intent. The phrase “national planning standard” better reflects the intended purpose and scope of the tool. We discuss our proposed changes to this national guidance tool later in this commentary.

As a result of these amendments, we recommend updating all references to these definitions throughout the bill.

We recommend inserting new clause 4A, which would insert new section 3B in the RMA. New section 3B notes that the transitional, savings, and related provisions are set out in Schedule 12 of the RMA.

Procedural principles

We recommend amending clause 8, new section 18A, to make it less prescriptive. Our recommended amendment would require anyone exercising powers and performing functions under the RMA to ensure that they “take all practicable steps” to fulfil the subsequently listed procedural principles.

Delegation of functions by Ministers

We recommend some amendments to clause 10.

We recommend amending clause 10(1), new section 29(1)(da), to make it clear that a chief executive may be empowered by the relevant Minister to make changes to a national planning standard if they are minor or technical in nature, or correct obvious errors or omissions.

We recommend amending clauses 10(2) and 10(3) to insert new sections 29(4B) and 29(6) in the RMA. New section 29(4B) would allow the Environmental Protection Authority (EPA), under specified conditions, to sub-delegate any of the functions, powers, and duties set out under sections 149ZD(4), 357B(b), 357C, or 357D, that have been delegated to it by the Minister of Conservation. New section 29(6) outlines the conditions of such a sub-delegation.

Functions of regional councils under the RMA

We recommend amending the definition of “development capacity” in clause 11(4), new section 30(5) of the RMA. Our amendments would clarify that this term only applies to urban areas, and that sufficient development capacity must be provided to meet short-term and medium-term demand, in addition to long-term demand.

Our amended definition of development capacity would align with the proposed functions and definitions in the National Policy Statement on Urban Development Capacity 2016. 1

We consider that, for clarity, it would be beneficial to add definitions of “business land” and “development infrastructure” in clause 11(4). These terms are used in the definition of development capacity.

We note that many of the concerns raised by submitters about development capacity have been addressed in the National Policy Statement on Urban Development Capacity 2016, which came into effect on 1 December 2016. For example, the national direction sets out how regional councils should estimate the expected urban growth demands of a region.

Fixed fees payable to hearings commissioner

We recommend deleting clause 17. In the bill as introduced, this clause proposes to insert new section 34B into the RMA. It would provide more certainty to those applying for resource consents and plan changes, by allowing a consent authority to fix the fee payable to a hearings commissioner under certain circumstances.

We consider clause 17 to be unnecessary, as it duplicates the provisions in section 36 of the RMA. We were advised that the clause also goes beyond its policy intent as it could potentially allow fees to be fixed for all powers, functions, and duties delegated to hearings commissioners under section 34A(1). The intention was to fix the fees payable to hearings commissioners for resource consent and plan hearings.

The deletion of this clause would entail two consequential changes: deleting new section 36AAA(5) in clause 21, and new section 360E(1)(b) in clause 105.

Administrative charges

We recommend an amendment to clause 20, section 36 of the RMA, to clarify that a local authority cannot impose additional fees when fees are required to be fixed under the regulations made under new section 360E.

Cost recovery for specified EPA function

We recommend an amendment in clause 23, which inserts new section 42CA into the RMA. Our proposed insertion of the phrase “supported person” would make it clear that any person who receives secretarial and support services from the EPA may be required to pay back the cost of these services, whether they are an applicant or not.

Regulations prescribing national environmental standards

We recommend amending clause 25, section 43 of the RMA.

We recommend inserting new clause 25(1AA), which would insert new section 43(2)(da) into the RMA, to allow non-technical methods or requirements to be included in national environmental standards.

In the bill as introduced, clause 25(1) would replace section 43(3) of the RMA. We recommend that these provisions instead be inserted after section 43(3), so that they apply in addition to the regulation-making powers set out in section 360(2) of the RMA.

Contents of national environmental standards

We recommend some amendments to clause 26, which would amend section 43A of the RMA regarding the contents of national environmental standards.

We recommend inserting new clause 26(1AA), to allow a national environmental standard to require local authorities to review land-use consents administered by the regional council.

We recommend inserting new clause 26(1AB) to clarify that the duration of a consent, as a condition of the consent, may be specified in a national environmental standard.

We recommend inserting new clause 26(1AC), new section 43A(3A). Our insertion clarifies that, as an exception to section 43A(3)(b), a national environmental standard may classify an activity as a permitted activity if it involves a hazardous substance or new organism that has been approved under the Hazardous Substances and New Organisms Act 1996. New section 43A(3B) clarifies that this is an exception only to the extent that adverse environmental effects are managed according to the conditions of the hazardous substance or new organism’s approval.

We recommend replacing “consent authority” with “local authorities” in clause 26(1), new section 43A(8), as no consent is granted for a permitted activity, so there is no associated consent authority. We have moved proposed new section 43A(8)(b), which refers to how consent authorities must perform their functions in order to achieve the standard, to proposed new section 43(2)(da) in clause 25.

Relationship between national environmental standards and rules or consents

We recommend amending clause 27, which would amend section 43B of the RMA. Our amendments would provide more detail about when a more lenient rule or resource consent would prevail over a national environmental standard.

To align with this change, we recommend inserting new clause 28A, which would amend section 44A of the RMA to clarify the hierarchy of rules.

Relationship between national environmental standards and bylaws

We recommend inserting new clause 27A, which would replace section 43E(3) of the RMA, to make it clear that a bylaw could be more lenient than a national environmental standard if the standard specifically allowed for this.

Restriction on power to make national environmental standards

We recommend removing clauses 28, 30, 31, and 32 so that where a national environmental standard or a national policy statement is made for a specified district, region, or part of New Zealand, public notification will be made nationally.

We recommend replacing clause 28, which would amend section 44 of the RMA. Our proposed provisions specify what the Minister must do before recommending to the Governor-General that a national environmental standard be made.

Single process for preparing national directions

We recommend inserting clause 30A, which would replace section 46A of the RMA. Our proposed section 46A would provide for a single process for the Minister to go through to prepare a “national direction” for both national environmental standards and national policy statements.

New section 46A(5) would allow the Minister to consult on a draft national direction at any time during its preparation.

New section 46A(7) provides that, if the Minister decided to recommend regulations (through sections 360–360G) on a subject that had already been consulted on, the requirement to consult would be considered to have already been met.

As a result of our proposed single process for preparing national directions, we recommend the consequential changes set out in clauses 30B–30H (sections 46B and 47–52 of the RMA), the deletion of redundant clause 34, and the addition of new clause 35A.

Local authority recognition of national policy statements

We recommend inserting clauses 33(1AA) and 33(1AAB), to require documents (as defined in section 55(1) of the RMA) to be consistent with any constraints or limits set out in national policy statements.

National planning standards

We recommend several amendments in clause 37, new sections 58B–58J of the RMA, which are the provisions that cover national planning standards.

We note that submitters strongly supported the policy intent to standardise the structure and format of plans, and to provide standard definitions. Submitters considered that standardisation would increase efficiency and reduce costs. However, there was some confusion about the scope, purpose, and implementation of the tool.

We have responded to this uncertainty by recommending that the tool be renamed, from “national planning template” to “national planning standard”. We consider that this phrase more accurately describes the scope of this instrument, which is potentially very broad. This breadth was not captured by the term “template”, which is generally considered to be a kind of model or pattern.

We also considered submitter concerns about the need for another national direction instrument when there are already national policy statements, national environmental standards, and regulations. Submitters stressed the need for clear distinctions between these instruments. We agree that it is important for any new instrument to have a clearly defined place in the planning system.

We therefore recommend the following amendments to make the purpose and implementation of the instrument clearer. As a result of these amendments to clause 37, we suggest a number of consequential amendments, such as the deletion of redundant clauses 83, 85, 87, and 88.

Purpose of national planning standards

Clause 37, new section 58B(1), specifies the purposes of national planning standards. One purpose is to set out the required parameters for regional policy statements and plans, to ensure they address matters that the Minister considers “to be nationally significant” (proposed section 58B(1)(i) in the bill as introduced). We consider that this provision could be confusing, as it overlaps with the purpose of national policy statements, which is to set out objectives and policies of national significance. To avoid this overlap, we recommend deleting proposed new section 58B(1)(b)(i).

Instead, we recommend inserting new section 58B(1)(b)(iia). This would make it clearer that national planning standards are designed to set the parameters for regional policy statements and plans, to support the implementation of broader national direction. This direction includes:

  • national environmental standards

  • national policy statements

  • New Zealand coastal policy statements

  • regulations made under the RMA.

For clarity, we recommend inserting new section 58B(2). It points out that, in relation to coastal marine area matters, any reference to “the Minister” in sections 58C–58J means the Minister of Conservation.

Scope and content of national planning standards

We recommend amending new section 58C to require national planning standards to give effect to national policy statements, and be consistent with:

  • national environmental standards

  • regulations made under the RMA

  • water conservation orders.

Consequentially, we recommend moving paragraphs (b)–(d) of proposed section 58C(1) to new section 58C(1A).

We recommend clarifying the requirement in proposed section 58C(1)(f), and moving it to new section 58C(1A)(d). This would provide that national planning standards may include a requirement for a local authority to review a discharge, coastal, or water permit, or a land-use consent in relation to a regional rule.

We recommend amending the provisions in sections 58C(1)(a), (e), (3) and (4), and moving them to new section 58C(3).

We also recommend adding two new provisions to our rearranged new section 58C(3). The first is new section 58C(3)(b), which clarifies that a national planning standard may direct local authorities to:

  • use a particular structure and form for regional policy statements and plans

  • include specified provisions in their policy statements and plans

  • choose from a number of specific provisions to be included in their policy statements and plans.

Our second provision responds to a suggestion from submitters to clarify when local circumstances can be accommodated. New section 58C(3)(e) states that a national planning standard may specify where local provisions must or may be included in regional policy statements and plans.

Preparation of national planning standards

We recommend a slight amendment in new section 58D(1), to replace the word “determines” with “decides”. This would respond to submitters’ concern about a perceived conflict between the Minister’s required action in this section, and in section 58I(2) of the bill as introduced (new section 58FA).

We recommend deleting new section 58D(2)(a), as it would no longer apply. Our recommendation to delete new section 58B(1)(b)(i) means that the Minister would not use national planning standards to address matters of national significance. Matters of national significance would be addressed through national policy statements.

We recommend inserting three new matters that the Minister may consider in preparing or amending a national planning standard. These matters may not apply in all cases, and therefore would need to be applied at the Minister’s discretion when considered relevant. These matters would become new sections 58D(2)(ba)–(bc), and state that the Minister may have regard to whether the standard:

  • supports the implementation of national environmental standards, national policy statements, New Zealand coastal policy statements, and regulations made under the RMA

  • should allow for local circumstances and, if so, to what extent

  • should apply to a specified area instead of nationally.

We recommend amending new section 58D(3)(d)(i), to make it clear that it is preferable for public submissions to be sought, instead of the more vaguely worded requirement for public “comment”. We also note that the process set out in section 58D contains minimum requirements. The Minister could choose to provide additional opportunities for public input.

Approval of national planning standards

We recommend changes in new section 58E to simplify and condense its provisions.

Publication of national planning standards and other documents

We recommend several amendments in new section 58F.

We recommend deleting the subjective phrase “in any manner the Minister sees fit” in new section 58F(1)(a). We also recommend inserting the phrase “public notice”, to align with the definition in clause 114, as well as the requirements for national policy statements.

For public accessibility reasons, we recommend inserting new section 58F(1)(ab) to require all national planning standards to be published together in an integrated and helpful format.

We recommend an amendment in new section 58F(1)(b), to require more than one copy of national planning standards to be provided to each local authority.

First set of national planning standards

We recommend inserting new section 58FA into the RMA. This would build on new section 58I in the bill as introduced, by stipulating the requirements for production of the first set of national planning standards. The main change is to propose minimum requirements for the first set of national planning standards. We consider that these minimum requirements would facilitate the transition to a more consistent planning system.

Changing, replacing, or revoking national planning standards

We recommend an amendment in new section 58G(2), to include an additional requirement for the Minister to upload information about minor changes to a national planning standard to the internet site referred to in section 58F(2).

Local authority recognition of national planning standards

We recommend amendments to make new section 58H clearer. The amendments respond to suggestions and concerns raised by submitters which arise mainly from the drafting of this section.

We note that the bill provides three processes for implementing national planning standards:

  • The standards may direct councils to implement specific provisions without any choice or local customisation. In this case, the RMA’s Schedule 1 process would not be followed. We note that these provisions would need to apply in all circumstances, so they are likely to be limited in number and scope.

  • The standards may provide some discretion to account for local circumstances, in which case one of the processes set out in Schedule 1 must be followed.

  • The standards may allow for an additional submission process about the provisions’ application to a local context (but not about the content of the provisions). In this case, a partial Schedule 1 process would be followed, to avoid duplicating the consultation required during the development of the provisions.

The proposed new section 58H(2) covers the first process, and states how a local authority must amend its documents if directed to do so by a national planning standard. The proposed new section 58H(2A) is largely a rearrangement of proposed section 58H(3) of the bill as introduced, but with an additional requirement that these kinds of amendments to local authority documents must not use any of the processes set out in Schedule 1 of the RMA.

The proposed new section 58H(3) covers the second process, and includes the steps that local authorities must take when a national planning standard directs a local authority to choose from a number of specific provisions. We also recommend inserting new section 58H(4A), stating that a national planning standard may specify how local authorities are to choose relevant provisions from the national planning standard.

We recommend amending new section 58H(5). Our amendment would require local authorities to notify all of their amendments no later than 1 year after the date that the directed change is published in the Gazette, or by a time specified in the national planning standard. This would give local authorities more flexibility, and encourage them to complete the necessary changes sooner than the 5 year timeframe suggested in the bill as introduced.

Timeframes applying under the first set of national planning standards

We recommend replacing new section 58I, and merging its provisions from the bill as introduced into proposed new section 58FA.

Our recommended new section 58I would set out the deadlines by which local authorities must have made amendments in response to the first set of national planning standards.

Mana Whakahono a Rohe: Iwi Participation Arrangements

We recommend changes to clause 38, proposed new sections 58K–58P. We therefore recommend replacing these sections with our new sections 58K–58T.

We recommend changing the name “iwi participation arrangements” to the dual name “Mana Whakahono a Rohe: Iwi Participation Arrangements”. Mana Whakahono a Rohe is an alternative iwi and local authority relationship arrangement. This was proposed in the Next Steps for Fresh Water discussion document, released after this bill was referred to the committee.2

We consider that elements of Mana Whakahono a Rohe arrangements improve upon the proposed iwi participation arrangements because they are initiated by iwi, and have a broader scope that includes consenting and monitoring. The dual name “Mana Whakahono a Rohe: Iwi Participation Arrangements” reflects the proposed combination of both arrangements.

Definitions

To make clause 38 clearer and to help with its interpretation, new section 58K contains a list of definitions.

Purpose of Mana Whakahono a Rohe arrangements

Proposed new section 58L brings content from new section 58K in the bill as introduced, and incorporates some other changes we recommend.

The bill clarifies the extent and nature of involvement of iwi in resource management and decision-making processes under the RMA. The bill as introduced would restrict iwi to participating in the preparation, change, or review of a policy statement or plan, in accordance with the processes set out in Schedule 1.

We also recommend an amendment to provide that one purpose of Mana Whakahono a Rohe arrangements should be to help local authorities to comply with their statutory duties under the RMA. This change aims to improve the working relationships between iwi and local authorities, and to encourage better national collaboration on resource management issues.

Guiding principles

Proposed new section 58M sets out the principles that would guide participating local authorities when initiating, developing, and implementing a Mana Whakahono a Rohe. These principles are consistent with those used in Treaty settlement arrangements. The list is not intended to be exhaustive; parties could agree on additional principles.

We consider that the inclusion of guiding principles would support the implementation of our proposed new section 58L. Having a clear set of principles would also provide criteria that could be used in the arbitration of disputes.

Initiation of a Mana Whakahono a Rohe

Proposed section 58N (section 58L in the bill as introduced) would remove the requirement for local authorities to initiate a Mana Whakahono a Rohe, along with the associated timeframes. Instead, it would allow iwi authorities to initiate a relationship at any time other than 90 days before a local body election.

This amendment responds to points raised by submitters about the capacity of iwi to engage in a meaningful way. Submitters stressed that arrangements initiated by local authorities place a significant burden on iwi, as they do not allow iwi to undertake negotiations at a time that suits them.

Additionally, iwi-initiated arrangements would remove a barrier to the initiation of arrangements, as iwi would not need to wait for a local authority to invite them to enter into an arrangement within 30 days of a triennial general election.

New section 58N would require a local authority to convene a meeting (hui) on receipt of an invitation to initiate an arrangement. Under new section 58N(4) the meeting would be to discuss and agree on:

  • the process for negotiating 1 or more arrangements

  • who will be involved in the negotiations

  • the times by which negotiations must be concluded.

New section 58N(2) would allow a local authority to choose whether to write to any other relevant iwi authorities and local authorities about the initiation of the arrangement, and to invite them to attend the meeting (hui).

New section 58N(3) would require the meeting to be convened within 60 working days from the day on which the invitation was received, unless the parties agree otherwise.

New section 58N(5) specifies that, if agreement on the above three points is reached at a meeting, the parties must proceed to negotiate the terms of the Mana Whakahono a Rohe.

Where a local authority has been invited by more than one iwi authority to initiate separate arrangements, new section 58N(6) would allow local authorities and iwi authorities to agree on the order in which the arrangements are negotiated.

New section 58N(7) would allow the parties, by agreement in writing, to treat an existing resource management related arrangement as if it were a Mana Whakahono a Rohe. However, only the contents of an existing arrangement that relate to the provisions of new section 58Q could be treated as Mana Whakahono a Rohe arrangements. We consider that this amendment would address the feedback we received from submitters that the bill as introduced is unclear about how established arrangements would be affected.

New section 58N(8) would require the participating authorities to take into account the extent to which resource management matters are included in iwi participation legislation, including Treaty settlements. The aim would be to minimise any duplication of functions.

New section 58N(9) notes that a local authority could commence, continue, or complete RMA processes while it is waiting for a response from, or negotiating an agreement with, iwi authorities.

We are aware that iwi-initiated arrangements could create uncertainty for local authorities and impose unforeseen resource pressures. However, we consider that this uncertainty would be minimised by our recommended provisions that:

  • allow for an extension to the time by which an arrangement must be concluded, to be granted by mutual agreement of the participants

  • prevent the initiation of a Mana Whakahono a Rohe within 90 working days of a local body election.

We also note that iwi initiation may ease local authority resource pressures because local authorities would not need to initiate an arrangement with all iwi authorities in their area at the same time. This would otherwise be the case under the provisions in the bill as introduced.

Other opportunities to initiate a Mana Whakahono a Rohe

Proposed new section 58O provides for an iwi authority to initiate or participate in an arrangement. It also covers provisions around local authority initiation of a Mana Whakahono a Rohe.

New section 58O(1) would allow an iwi authority to participate in, or initiate, a Mana Whakahono a Rohe when it is ready, even if it had previously declined an invitation from a local authority. The provisions preventing an authority from initiating an arrangement within 90 days of a local body election would apply.

New section 58O(2) would require an iwi authority to consider joining established arrangements before initiating a new one in the same area.

New section 58O(4) notes that a local authority may initiate a Mana Whakahono a Rohe with an iwi authority or with hapū. The inclusion of hapū responds to submitter concerns about the definition of iwi authority and the benefits to be gained from engaging with other, more relevant, groups.

New section 58O(5) would require a local authority and iwi authority or hapū to agree on:

  • the process to be adopted

  • the time by which negotiations must be concluded

  • how the Mana Whakahono a Rohe is to be implemented.

New section 58O(6) notes that, if one or more hapū are invited, the provisions in new sections 58L, 58M, 58Q, 58S, and 58T would apply as if the hapū were iwi authorities.

Time frame for concluding a Mana Whakahono a Rohe

Our proposed new section 58P (new section 58N in the bill as introduced) would extend the timeframe by which participating local authorities must conclude a Mana Whakahono a Rohe.

Our new provision would extend the date from 6 months after the date that an iwi authority accepts a local authority’s invitation to enter into an arrangement, to 18 months after the date that an invitation is received by a local authority. It would allow the parties to decide jointly on a different timeframe.

Contents of a Mana Whakahono a Rohe

Proposed new section 58Q would carry over several provisions from new section 58M in the bill as introduced. The proposed provisions in section 58Q aim to reduce the risk of disputes, delays, cost pressures, and litigation. They also intend to support the establishment of positive working relationships.

Our new section 58Q(1) specifies that a Mana Whakahono a Rohe must identify the participating local and iwi authorities. It also requires the agreement to record how an iwi authority may participate in the preparation or change of a policy statement or plan, including the use of any of the pre-notification, collaborative, or streamlined planning processes under Schedule 1 of the RMA.

Our new provisions in section 58Q(1)(c) would require the participating local and iwi authorities to record:

  • how they will undertake consultation and satisfy the requirements of both section 34A(1A) and clause 4A of Schedule 1 of the RMA

  • how they will work together to develop and agree on methods for monitoring under the RMA

  • a process for identifying and managing conflicts of interest

  • the process for resolving disputes (previously this provision was optional).

Our new section 58Q(2) specifies the matters that must be included in the dispute resolution process as required by section 58Q(1). These matters include the extent to which the outcome of a dispute resolution process constitutes an agreement to alter, terminate, conclude at a later time, or jointly review the effectiveness of a participation arrangement, or undertake additional reporting on the arrangement. This new section also clarifies that local and iwi authorities would need to bear their own costs in any dispute resolution process between the parties.

New section 58Q(3) states that a dispute resolution process must not deliberately inhibit local authority processes under the RMA.

New section 58Q(4) expands on new section 58M in the bill as introduced. It adds that an arrangement may specify:

  • how a local authority is to consult or notify an iwi authority on resource consent matters when it is required to do so

  • the circumstances in which an iwi authority may be given limited notification as an affected party

  • any arrangement relating to other functions, duties, or powers under the RMA.

New section 58Q(4)(e) states that a Mana Whakahono a Rohe may specify whether a participating iwi authority has delegated a role to a person or group of persons (including hapū) to participate in particular processes under the RMA. We consider that it is appropriate to make specific reference to hapū, as they often have strong relationships with particular areas and resources.

New section 58Q(5) states that the content of a Mana Whakahono a Rohe must not be altered or terminated unless all participating local and iwi authorities agree.

New section 58Q(6) relates to 2 or more iwi authorities in a Mana Whakahono a Rohe with a local authority. If one of the iwi authorities wishes to amend the content of the arrangement, it must negotiate with the local authority instead of seeking to enter into a new Mana Whakahono a Rohe.

Resolution of disputes arising during the negotiation of a Mana Whakahono a Rohe

We recommend amending clause 38 to insert new section 58R. The provisions in this section would apply if a dispute arose among local and iwi authorities in the course of negotiating a Mana Whakahono a Rohe.

Our new section would require local and iwi authorities to specify a binding or non-binding process for resolving disputes, to jointly appoint an arbitrator, and to meet their own costs of participating in a dispute resolution process.

If a dispute remains unresolved following a non-binding process, the participating authorities could, individually or jointly, seek the assistance of the Minister. The Minister may then appoint a Crown facilitator or direct the parties to use a particular alternative dispute resolution process.

Review and monitoring

We recommend amending clause 38 to insert new section 58S.

This new section would require local authorities that enter into a Mana Whakahono a Rohe to review their policies and processes to ensure they are consistent with the arrangement. This requirement aims to minimise delays that could affect the ability of an iwi authority to engage with the matters agreed to in the relationship arrangement. The local authority’s review must be completed within six months of the arrangement’s initiation, unless a later date is agreed by all parties.

New section 58S(3) would require all parties to jointly review the effectiveness of the arrangement every six years, or at any other time agreed on. The parties must consider the purpose and guiding principles of a Mana Whakahono a Rohe, as set out in this legislation.

New section 58S(4) specifies that these review requirements would be additional to the obligations of local authorities in sections 27 and 35 of the RMA.

New section 58S(5) notes that any additional reporting could be undertaken by the agreement of the participating local and iwi authorities.

Relationship with iwi participation legislation

New section 58T is essentially an updated version of proposed new section 58P in the bill as introduced.

Streamlined planning process

We recommend several amendments in clause 52, which would insert new Subpart 5 into the RMA.

Purpose, scope, application of Schedule 1, and definitions

We recommend amending new section 80B(1) to remove reference to variations and changes. These terms are included in the definition of “planning instrument” in new section 80B(3), and therefore are unnecessary.

We recommend amending new section 80B(2) to specify how Schedule 1 of the RMA applies to the streamlined planning process. By referring to clauses 4, 9, and 13 of Schedule 1, this amendment provides for designations and heritage orders to be incorporated where applicable.

We recommend moving paragraphs (a)–(c) from new section 80C(1) to new section 80B(3) as we consider that they sit better within the definition of “responsible Minister”.

Application to responsible Minister for direction

We recommend inserting new section 80C(2A) to require a local authority to obtain the agreement of a person requesting a private plan change under clause 25(2)(b) of Schedule 1 of the RMA, before it applies for a direction from the Minister.

We also recommend inserting a new provision in new section 80C(3). It would clarify that the application to use the streamlined planning process must be made to the Minister before any private plan change is notified.

Compensation not payable in respect of controls on land

We recommend amending clause 54 to clarify the meaning of new sections 85(3A) and (3D).

New section 85(3D) clarifies that it must be the land owner, and not the spouse or partner, that consents to a direction to acquire all or part of the estate or interest in the land.

When rules in plans must be treated as operative

We recommend inserting new clause 60A to amend section 86F of the RMA.

Section 86F of the RMA states that any rule in a proposed plan that does not receive any submissions in opposition to it must be treated as operative. Therefore, it would be possible for a rule introduced through a limited notification plan change to be treated as operative if no opposing submissions were received.

The insertion of new section 86F(2) would exclude rules introduced through limited notification plan changes from being treated as operative before decisions on submissions had been publicly notified.

Amendments to Part 6 of the RMA

We recommend moving the provisions of clauses 62–64 to new clauses 131A, 133A, and 133B to provide for their delayed commencement.

Duration of consent for aquaculture activities

We recommend inserting new clause 64A to amend section 123A of the RMA.

New clause 64A(2) makes it clear that a national environmental standard could specify a period shorter than 20 years for the duration of a consent for aquaculture activities. A specified period would remove uncertainty for communities and resource users. It could also reduce costs for councils by supporting their ability to manage natural resource use strategically and at the plan stage, rather than on a case-by-case basis.

Circumstances when consent conditions can be reviewed

We recommend inserting new clause 64B to replace section 128(1)(ba) of the RMA.

Under section 128, a consent authority may review a resource consent condition in certain circumstances. We were advised that when a council is reviewing a land-use consent it is highly constrained in its ability to change any conditions of the consent to comply with a national environmental standard or national planning standard.

To address this problem, our proposed clause would allow regional councils to review the conditions of a coastal, water, or discharge permit, or a land-use consent granted by a regional council, when relevant national environmental standards or national planning standards have been made.

EPA to receive submissions on matter if public notice of direction has been given

Clause 69 would amend section 149E of the RMA to specify the EPA’s process for receiving electronic submissions.

We recommend amending clause 69 to make it clearer, and to align it with the document servicing provisions in clause 142 of the bill.

We also recommend consequential changes to clauses 70 and 76.

Minister to appoint board of inquiry

We recommend amending clause 72, section 149J of the RMA, to make it clear that the Minister may set the terms of reference about administrative matters relating to the inquiry on a proposal of national significance. The purpose of this amendment is to address cost-efficiency issues. Our amendment also responds to submitter feedback that the wording in the bill as introduced, which would allow the Minister to set the terms of reference for the board of inquiry, could impede natural justice when running an inquiry.

We also recommend amending clause 73 to reinstate the requirement in section 149K of the RMA for the Minister to consider the need for the board to have the applicable knowledge, skill, and experience relating to tikanga Māori.

Board to produce report

We recommend amending clause 78 to remove reference to a “final” report in the heading of section 149R. As there is no requirement for a draft report, this is unnecessary.

Cost recovery of debt due to the EPA

We recommend amending clause 81, which would insert new sections 149ZF and 149ZG into the RMA.

New section 149ZF would apply when the EPA or the Minister requires a person to pay costs recoverable under sections 149ZD(2), (3), or (4) of the RMA. Our amendment to new section 149ZF(2) provides that such debts would be recoverable by the EPA on behalf of the Crown.

In response to submitter feedback about the unworkability of a 20 working day notice period to pay recoverable costs, we recommend removing reference to this deadline.

Discretion to include requirement in proposed plan

Our proposed insertion of new clause 82A, amending section 170 of the RMA, would align this section of the RMA with the bill’s proposed new collaborative and streamlined plan-making processes in Schedule 1. It would require a territorial authority to notify, and seek the consent of, the relevant requiring authority (which can be a Minister, a local authority, or a network utility operator approved under the RMA) as to which planning process it intends to use under Schedule 1. Where a collaborative planning process is to be used, the requiring authority must be informed of the need to nominate a representative for appointment to the collaborative group.

Proposed new sections 170(3)–(6) specify the procedural processes that would apply when a proposal is to use a collaborative planning process.

Proposed new sections 170(7)–(8) specify the procedural processes that would apply when a proposal is to use a streamlined planning process.

Recommendation by territorial authority

We recommend deleting clause 83 as it would be redundant as a result of our amendments to the bill.

Notice of requirement to territorial authority

We recommend amending clause 84, which would amend section 189 of the RMA, to clarify that a heritage protection authority is a body corporate approved under section 188 of the RMA.

This amendment would rectify an error pointed out by submitters. It was not the bill’s intention to exclude Heritage New Zealand and local authorities from giving notice of heritage orders over private land.

Transfer of heritage order

We recommend amending clause 86, proposed new section 195B.

Our proposed section 195B(1A) would make it clear that the Minister may not transfer responsibility of an existing heritage order to another heritage protection authority if the order relates to private land, and the transfer of the order is to a body corporate approved under section 188 of the RMA.

New section 195B(6) notes that a definition of “private land” is contained in new section 189(6).

Conferences and alternative dispute resolution

We recommend amending clause 90, which would replace section 267(1) of the RMA.

Our amendment would clarify the roles around legal or technical representation at a conference. Only one representative per party to the proceedings must have the authority to make decisions on matters that could arise at the conference.

We recommend a similar amendment in clause 91 regarding participants in an alternative dispute resolution process. This clause would replace section 268 of the RMA with new sections 268 and 268A.

Environment Court to have regard to decisions that are the subject of an appeal or inquiry

We recommend deleting clause 97.

We agree with submitters that this clause would have no real effect on court processes in practice, as it provides no more power to the court than it already has. It could also create variability in how the court treats appeals about plans.

Regulations to exclude stock from waterways

We recommend amending clause 103, section 360 of the RMA, to adjust the proposed infringement regime relating to the exclusion of stock from waterways.

We agree with submitters that, to be an effective deterrent, the fee for an offence should be higher than the $750 proposed in the bill as introduced. Our proposed new section 360(1)(bb) would impose a fee of up to $100 per animal observed in a water body, up to a maximum of $2,000 per infringement. It also allows regulations to prescribe fines of up to $2,000 for other specified offences relating to the stock exclusion regulations.

Our proposed new section 360(1)(hq) in clause 103(7) provides that a more stringent rule in a plan would prevail over a regulation relating to the exclusion of stock from waterways.

Our proposed new section 360(2)(2AA) in clause 103(8) would validate any consultation that had already been undertaken prior to the commencement of the new regulation-making powers relating to stock exclusion from waterways.

Our proposed new section 360(2F) would allow regulations to specify that any rules that are inconsistent with new regulations on stock exclusion from waterways must be withdrawn or amended. New section 360(2G) would also require local authorities to publicly notify any withdrawals or amendments within 5 working days after their withdrawal or amendment.

Regulations that permit or prohibit certain rules

We recommend amending clause 105, which would insert new section 360D into the RMA.

Clause 105 proposes to introduce new regulation-making powers for the Minister, on the proviso that the Minister prepares and has regard to an evaluation report as required under section 32. Such reports require an assessment of the likely environmental, economic, social, and cultural effects of a proposal.

Feedback from submitters on section 360D

The committee received a number of submissions on the proposed new regulation-making powers under section 360D. Submitters questioned the need for such powers, and expressed concern about their fit within the current resource management system, and the lack of an adequate process for public comment.

Submitters also expressed concern about the effect the regulation-making power might have on local decision-making processes. In particular, submitters considered that the power could be used to prevent local councils from regulating genetically modified organisms within their region.

Response to submitter feedback on section 360D

In response to the concerns raised by submitters, we recommend amending clause 105.

We consider that current national direction tools in the RMA allow the Minister to perform similar functions as the bill would provide for in sections 360D(1)(a)–(c), although the outcomes are less certain, and take longer.

In addition to deleting sections 360D(1)(a)–(c), we recommend removing all related powers contained in sections 360D(2)–(3).

We recommend retaining section 360D(1)(d), but relocating it to 360D(1). This provision would remove rules or types of rules that would duplicate, overlap, or deal with the same subject matter as is included in other legislation. This cannot be easily achieved through other national direction tools, and would help to reduce duplication between the RMA and other legislation.

As consequential changes, we recommend deleting sections 360D (10) and (11).

We recommend deleting proposed section 360D(9). This would retain nationwide notification and consultation, which is consistent with the requirement to consult nationally in relation to the development of national environmental standards, national policy statements, and New Zealand coastal policy statements. We consider it appropriate for notification and consultation to be at a national level, as the intent of these regulations is to prevent councils from making rules that duplicate or overlap with other legislation. Duplication of legislation in one location is likely to be undesirable across the country.

We recommend inserting new section 360DA, to specify the procedures that must be followed in recommending regulations under new section 360D(1). Consequentially, we recommend deleting sections 360D(7) and (8).

In response to concerns about regulations overriding local decisions, we note that this is true of all regulations that provide national direction. The benefit of national directions is that they provide national-level consistency. We note that the costs of implementing a regulation are considered as part of a section 32 evaluation. We have also been assured that regulations should only be made when the national-level benefits outweigh the effects on local decision-making.

The section 360D(1)(d) regulation-making power could be used in relation to genetically modified organisms or hazardous substances, to the extent that there is duplication or overlap with the Hazardous Substances and New Organisms Act 1996.

We note too that the proposed process for making a regulation under section 360D would entail very similar public engagement as used for national environmental standards. This includes notifying the public and inviting public comment.

The proposed amendments would remove subjective language from clause 105 to alleviate this concern.

Regulations relating to administrative charges and other amounts

We recommend amending new section 360E in clause 105. This new section would introduce a regulation-making power to specify the administrative charges that local authorities must fix.

We recommend removing the reference to new section 34B because local authorities already have an existing ability to fix fees for hearings commissioners.

Proposed section 360E(2)(a) notes that regulations must not fix the amount chargeable by local authorities under section 36(1).

Proposed section 360E(2)(b)(i) would allow regulations to require councils to pay, on a fixed-fee basis, hearings commissioners who determine plan changes or resource consent applications where a hearing is held.

Regulations under proposed new section 360E(2)(b)(ii) would allow regulations to require councils to set the overall charge payable by the applicant for a plan change or resource consent hearing, as long as this is done before a hearing commences.

Proposed section 360E(2)(c) would allow regulations to require local authorities to fix administrative charges for the receiving, processing, and granting of resource consents, as specified in section 36(1)(b) of the RMA.

Proposed section 360E(3) would require that regulations relating to a local authority receiving, processing, and granting resource consents should:

  • specify the class or classes of application in respect of which each charge is to be fixed

  • include a schedule of charges to be applied by local authorities, fixed on the basis of the class of application and the complexity of the class of application to which the charges apply.

The regulations may also specify a class or classes of additional charges that may apply.

Amendments that commence 6 months after Royal assent

Terminology

We recommend amending clause 112, section 2 of the RMA, to replace the term “affected boundary” with “infringed boundary”. We consider that this term would be more precise, and that it better reflects the related processes being established in the bill. The definition of “infringed boundary” is contained in new section 87AAB.

We recommend amending clause 113, section 2AA of the RMA, to remove the reference to a consent authority deciding who an “affected person” is. This amendment reflects the fact that it may either be the consent authority or the Minister making such a decision, depending on whether the decision is made under section 95E or 149ZCF. We also recommend modifying the definition of “public notification” to ensure that prescribed persons are given notice when public notification occurs, consistent with the provisions in new section 2AB.

Submissions that may be struck out

We recommend amending clause 120, which would insert new section 41D into the RMA.

New section 41D would introduce a mandatory requirement, in certain circumstances, to strike out submissions on an application for, or review of, a resource consent, or an application to change or cancel a condition of a resource consent. If a submission was struck out, the submitter would be prevented from appealing the decision. This provision aims to save on the time and costs associated with unhelpful or irrelevant submissions.

The majority of submitters who commented on this clause opposed it. Submitters considered that it would discourage the participation of non-experts, and could result in useful information being struck out. Submitters were also concerned about the bill’s lack of guidance around what would constitute “evidence” and a “factual basis”.

We agree that clause 120 could introduce complexity, uncertainty, and litigation to the consent process. We also agree that not all adverse effects are known to consent authorities at the time of notification, and that the clause’s provisions could potentially prevent new matters from being discussed at a hearing.

To address these concerns, we recommend removing the mandatory strike-out of submissions on resource consents, and reworking this clause to delete new section 41D(2) and amend new section 41D(1).

Our recommended new section 41D(1)(d) would make the provisions around independent expert advice clearer. We stress that the intention of section 41D(1)(d) is not to provide a consent authority with the discretion to strike out a submission if it is not supported by “independent expert advice”.

The discretion to exercise the strike-out option could only be used if the evidence is provided by a person who falsely claims to be independent, or an expert. We stress that all the grounds to strike out submissions would be discretionary, and that only a part of a submission could be struck out, rather than the whole.

We recommend inserting new section 41D(1)(e), to allow submissions containing offensive language to be struck out.

The changes we recommend would entail consequential amendments in clause 152.

The majority of us consider that these amendments would address submitter concerns.

Public notification of proposed policy statement

We recommend inserting new clause 120A to replace section 48(1) of the RMA.

This new clause would require a board of inquiry to ensure that public notice of a proposed national policy statement and inquiry is given as soon as practicable. It would also require a short summary of the notice to be provided, in accordance with the requirements of our new section 48(1)(b).

Fast-track applications

Clause 121 would introduce a truncated 10 working day resource consent process for more straightforward applications (the standard 20 working day process would still apply to a wide range of activities). This proposal aims to deliver cost and time savings for councils and applicants.

Some submitters were concerned that a truncated process would place time pressure on councils. While we are not recommending the removal of this fast-track option, we recommend several changes in response to submitter concerns.

Proposed section 87AAC(1)(a)(i) narrows the scope of what qualifies as a fast-track application, to a controlled activity that requires a land-use consent under a district plan.

We recommend inserting new section 87AAC(2)(c) to allow an applicant to opt out of the fast-track process when lodging an application.

We recommend inserting new section 87AAC(4) to clarify that an application would be subject to the standard processing requirements if it were no longer a fast-track application.

Boundary activities approved by neighbours on infringed boundaries are permitted activities

We recommend amending section 87AAB(2) in clause 121 to change the term “affected boundary” to “infringed boundary”. This new term would better reflect its intended meaning. We have also recommended changes to the content of this definition so that it clarifies how corner sites and private ways would be considered.

We recommend amending clause 122, which would insert new section 87BA into the RMA.

We recommend amending section 87BA(1) and section 95B(7) to require the owner to provide written approval of the allotment with an infringed boundary, rather than the “owner or occupier”.

Proposed section 87BA(2A) would require a consent authority’s decision on a boundary activity exemption to be made within 10 working days (aligning with the timeframe for fast-track processes). This deadline would increase certainty and promote timely processing. We consider that 10 working days is long enough for councils to carry out any required assessment of an application.

We recommend inserting section 87BA(5) to require a 5 year expiry date for any written notice for boundary exemptions. We also recommend applying this timeframe to activities that are deemed permitted, where there is marginal or temporary non-compliance, by inserting new section 87BB(5).

Where an exemption has been granted for boundary activities or minor or temporary activities, no certificate of compliance is required, or could be applied for. This clarification is contained in new section 139(8A), new clause 136(1AA).

Public notification and limited notification of applications for resource consent

Clauses 125–129 would amend sections 95–95E of the RMA. These sections cover the public notification and limited notification of resource consent applications.

We recommend amending clause 125, new section 95A(5)(a). This amendment would clarify that all activities in an application for a resource consent must be subject to the rules or national environmental standards that preclude public notification, in order for the public notification preclusion to apply. We recommend the same clarification for limited notification in section 95B(6)(a).

The change we recommend to new sections 95A(5)(b)(ii) and (iia) clarifies that, for boundary activities, public notification is precluded for resource consent applications that have non-complying activity status (in addition to those with restricted discretionary or discretionary activity status).

Our amendment to section 95A(6) would clarify the definition of “residential activity”. We have added that this means an activity that requires resource consent under a regional or district plan, and that relates to the construction, alteration, or use of one or more dwellinghouses (residential properties).

We also recommend amending new section 95A(8)(a), to clarify that an application is to be publicly notified where any of the activities within the application are subject to rules or national environmental standards that require public notification.

Submitters shared their concern with us about the time and cost implications of requiring consent authorities to specify relevant adverse effects in public notices. Submitters were also concerned about the difficulty of identifying all potential adverse effects, and the consequences of inadvertently omitting some. We agree that this requirement could lead to unintended consequences, and so we recommend removing it from new sections 95A(7), 95B(4), and 95B(9), and consequentially deleting proposed new section 95E(3).

For the same reason, we recommend removing the requirement in new sections 95A(9) and 95B(10) for consent authorities to specify the special circumstances that warrant an application’s notification.

In response to submitter concerns, we recommend amending new section 95B to largely revert to the RMA’s section 95E “affected person” test for determining whether limited notification of resource consent applications is required. Clause 128 of the bill as introduced contains a list of the persons who would be “eligible” to be considered an “affected person”. Only those persons who were both eligible and affected would be notified of an application. The only eligibility restrictions that remain as a result of our recommended changes are for boundary activities and activities that may be prescribed in regulations (through new section 360G). We recommend consequentially deleting clause 128.

We recommend that new section 95B(6)(b)(i) only preclude controlled district land-use activities from limited notification, instead of all controlled activities.

We recommend deleting new section 95B(11) as it would be redundant.

We believe that submitters’ concerns are valid regarding the bill’s provisions allowing a consent authority when determining whether to notify a consent application, to disregard adverse effects if they are taken into account in the objectives and policies of the relevant plan. We therefore recommend the deletion of proposed sections 95D(ca) and 95E(2)(c). We recommend amending section 95E(4) in clause 129 to clarify that a person is not an affected person for limited notification if they have given the consent authority written notice approving the proposed activity, and not withdrawn that approval, before the authority has decided whether there are any affected persons.

Consideration of applications

To provide for its delayed commencement, we recommend moving the provisions of clause 62 to new clause 131A.

We recommend a small change to the clause’s provisions, to require a consent authority to consider any measure “agreed to” by the applicant for the purpose of ensuring positive effects on the environment to offset adverse effects. We also recommend a change to include any adverse effects that would be compensated for.

Conditions of resource consents

To provide for its delayed commencement, we recommend moving the provisions of clause 63 to new clause 133A.

Requirements for conditions of resource consents

Similarly, to provide for its delayed commencement, we recommend that the provisions of clause 64, which would insert new section 108AA into the RMA, be moved to new clause 133B. We also recommend making some amendments to new section 108AA.

We recommend amending new section 108AA(1)(b)(ii) to allow a consent authority to include a condition in a resource consent for an activity relating to a national environmental standard. We also recommend inserting new section 108AA(1)(c), allowing a condition to relate to administrative matters that are essential for the efficient implementation of the consent.

Proposed section 108AA(2) clarifies that the provisions in the RMA, and regulations made under it, would prevail over a consent authority’s powers under this new section.

New section 108AA(3) clarifies that the provisions in section 108AA do not limit section 77A, section 106, or section 220.

Proposed section 108AA(5) adds a disclaimer that the provisions in section 108AA would not prevent a resource consent from including a condition requiring a financial contribution.

Right to appeal

Clause 135 would amend section 120 of the RMA relating to rights of appeal to the Environment Court. It would remove the right of appeal against decisions on resource consent applications for certain activities. It would also limit a submitter’s right of appeal to the matters raised in their submission, other than any matters struck out.

Submitters who opposed this clause did so for a variety of reasons, including that the rationale for limiting appeals was considered unclear, that the limitation would go against the participatory nature of the RMA, and that it would remove a check and balance on decision-making.

One intention of this proposal is to increase certainty by removing the “dampening effect” that the threat of an appeal could have on the choices made by applicants. We note that judicial review would remain for decisions where there have been process errors.

We note submitter concerns about the provision’s restraint on public engagement. However, the intent is to encourage greater involvement in policy decisions at the planning stage instead of re-litigating policy decisions on a case-by-case basis. We were also advised that the provision aims to promote clearer and more timely decision-making on housing developments.

We note the concern raised by submitters about the removal of a check on decision-making. We acknowledge this concern, but note that even with full knowledge of all available information, decisions on resource consents entail trade-offs between competing interests. We stress that the intent of this provision is to provide certainty to all parties that the council’s decision is final. Again, we note that judicial review would remain, allowing decisions relating to process errors to be contested.

We recommend several amendments to this clause to make its provisions clearer.

We recommend amending section 120(1A) to clarify that all of the activities that a decision relates to must fall within the list of activities that are restricted from appeal, in order for the preclusion on appeal to apply.

We recommend amending new section 120(1A)(a) to clarify that decisions on boundary activities with a non-complying activity status would be open to appeal.

The content of new section 120(1A)(c) would amend the content from section 120(1A)(b) in the bill as introduced, so that it aligns the restriction on appeals for consents on residential activities with our proposed amendments to the restrictions on public notification for these activities in clause 125, sections 95A(5) and (6).

We recommend removing section 120(1A)(b)(ii) in the bill as introduced. This provision would preclude appeals against a decision on a resource consent for a residential activity, but only where the activity was to occur on a “single allotment” of land. Its deletion would address concerns that the reference to a “single allotment” is confusing and could hamper the progress of people proposing residential activities in residential zones.

Minister to decide whether application or notice of requirement is to be notified

As a consequence of the amendments we propose in clause 125, we recommend inserting clause 137C, new sections 149ZCA–149ZCF.

The intention of these new sections is to retain the notification test contained in sections 95A–95F of the RMA for the applications specified in section 149ZB(2) of the RMA.

Notices of requirement for designations and heritage orders

We recommend inserting clauses 138B–138F. They would amend sections 168A, 169, 189A, and 190 of the RMA so that they cross-reference, and apply with all necessary modifications, to all of our recommended amendments to the notification test contained in sections 149ZCB–149ZCF.

We also recommend inserting new sections 168A(3A) and 171(1B). These new sections would require territorial authorities to consider any positive effects on the environment that will offset, or compensate for, any adverse effects that will or may result from the activity. The positive effects would need to be from measures proposed, or agreed to, by the requiring authority.

Proposed section 169(2) notes that the provisions in sections 92–92B and 96–103 would apply to the notice requirement unless a territorial authority applies section 170 of the RMA.

Proposed section 189A(9) notes that the provisions in sections 99–103 apply to the notice requirement, as specified in this new section.

Proposed section 190(7) notes that the provisions in sections 92–92B and 98–103 apply to the notice requirement as specified in this new section.

Service of documents

We recommend amending clause 142, which would replace section 352(1) of the RMA. Our amendment notes which valid non-electronic methods may be used to deliver a notice or other document required under the RMA.

Decision on objections made under sections 357–357B

We recommend deleting clause 147, as we do not consider it to be necessary to amend section 357D.

Appeals against certain decisions or objections

Currently under the RMA there is an ability to appeal to the Environment Court on a decision on an objection in certain instances. Clause 148 would amend section 358 of the RMA in two ways.

Proposed section 358(1A)(aa) clarifies that the ability to appeal to the Environment Court would not be allowed if an appeal on the substantive decision of the consent authority is excluded by section 120(1A).

Proposed section 358(1A)(a) would clarify that appeals to the Environment Court would not be allowed on objections to submissions that have been struck out under section 41D, and which relate to: an application for a resource consent, a review of a resource consent, or an application to change or cancel a condition of a resource consent.

Regulations

We recommend a consequential amendment in clause 149 as a result of our amendments to clause 122. This would extend the range of matters for which discounts on administrative charges may be given by regulation, to include applications on permitted boundary activities.

We recommend amending clause 150, to account for our amendments to clause 105. Section 360E(2)(a)(i) would now be redundant, and section 360E(2)(a)(ii) would move to section 360E(2)(d).

We recommend amending clause 151, new section 360G, to update its cross references, and to account for our recommendations in clauses 125, 128, and 129 in respect of the limited notification requirements and the eligibility of affected parties.

Amendments to RMA Schedules

We recommend various consequential amendments in Schedules 1 and 2 of the bill, to align with the changes proposed in this commentary. The Schedules would amend Schedules 1 and 12 of the RMA.

We discuss below the amendments that we consider warrant some explanation.

Schedule 1 amendments: miscellaneous

We recommend deleting proposed new clauses 1AA and 20AB of Schedule 1, as they are no longer relevant because of our amendments to the bill.

Schedule 1 amendments: requirements to be inserted prior to notification of proposed district plans

We recommend inserting new clauses 4(1)–(2B), which apply to a review of a district plan (including a review in sections) under section 79(1) of the RMA. Our new clauses 4(1)–(1D) would specify the written notice requirements that a territorial authority must give to a requiring authority, including when a territorial authority wishes to use a collaborative planning process or to apply to the Minister to use the streamlined planning process.

New clauses 4(2)–(2B) would require a territorial authority to provide written notice to both a requiring authority and any heritage protection authority that has a current heritage protection order when it intends to use a collaborative planning process. The notice would ask the relevant authorities to advise whether they wish to be part of the collaborative group and, if so, to provide the name of the representative. New clause 4(2B) sets out provisions for when the authorities do not agree to be a part of the collaborative group.

Schedule 1 amendments: limited notification

The bill seeks to amend Schedule 1 of the RMA to introduce limited notification as an option where only the parties directly affected must be notified of minor plan changes. The expected benefits of a limited notification process would be a reduction in hearing times, costs, and the number of appeals. However, we have been advised that only a few plan changes would be likely to qualify for this limited notification option, as the majority of plan changes directly affect a large range of people who are difficult to fully identify and notify.

We note the concerns raised by submitters about the challenge of identifying affected parties, and the need to consider reverse sensitivities, as well as any adverse effects on the environment. We do not consider it appropriate to specify in this legislation a definition of “directly affected”, as we consider that this would be inhibiting. Additionally, this term is already present in clause 5 of Schedule 1 and has so far been interpreted by practitioners on a case-by-case basis. The High Court has also previously determined that the most suitable approach is on a case-by-case basis.3

We recommend consequential amendments in clause 5A to extend the limited notification of a proposed change to include plan variations. The bill as introduced provides for limited notification of plan changes, and our arguments supporting limited notification equally apply to plan variations (defined in section 43AA of the RMA as an alteration by a local authority to a proposed policy statement or plan, or to a change).

Clause 5A incorrectly refers to consent authorities. We recommend correcting this to local authorities.

Schedule 1 amendments: relating to an application to the Minister for direction

The amendments to clauses 25 and 26 align with our amendments to new section 80C (clause 52 of the bill).

Schedule 1 amendments: collaborative planning process

The definition of “proposed policy statement or plan” in clause 36 is redundant and should be deleted, as the definition of “proposed plan” in section 43AAC of the RMA applies.

We recommend inserting new clause 37(2)(ca) to require a local authority to consider whether a requirement, designation, or heritage order could be considered within a collaborative planning process.

We consider that there is merit in providing for situations where a collaborative group and local authority agree not to proceed with a policy statement or plan if there is insufficient consensus following a dispute resolution process. We have accounted for this in our new clause 38(3)(c).

If the terms of reference under clause 41 include a requirement, designation, or heritage order, the amendments to clause 40 would require a local authority to appoint a nominated representative of a requiring or heritage protection authority to a collaborative group. New clause 40(1A) would require the local authority to also invite affected persons to nominate representatives for the collaborative group. New clause 40(4A) would provide for elected or appointed members of the local authority to be included on the collaborative group.

The amendments to clause 41 emphasise the need for a collaborative group to reach consensus.

The insertion of clause 41A sets out how a collaborative group would deal with notices of requirement in the collaborative planning process. The notices would need to be introduced following notification of the planning process, but prior to the delivery of the collaborative group’s report.

New clauses 42(3A) and (3B) would extend the powers of collaborative groups to commission reports without the approval of a local authority (except where the local authority will meet the costs). New clause 42(3C) would allow local authority officers and employees to be invited to provide technical, executive, or secretarial support. New clause 42(3D) would allow officers and employees to attend the meetings of the collaborative group as technical advisers with the chairperson’s permission.

Schedule 1 amendments: notification of report and preparation of proposed policy statement, plan, or change

The amendment to clause 45(1)(a) would require a proposed policy or plan change to be prepared in conjunction with the collaborative group. New clause 45(4) would clarify that a requirement, designation, or heritage order must be included in a proposed plan as notified by the relevant authority, unless there are consensus recommendations which amend it.

The proposed amendment to clause 48 would require a plan or policy statement notified under this clause to be treated as if it were publicly notified under clause 5 of Schedule 1.

Schedule 1 amendments: role of review panel

We recommend amending clause 53 to extend the review panel’s powers. This would allow the panel to recommend changes to proposed policy statements or plans which are contrary to the consensus position. The comment of the collaborative group must be sought as to whether the group agrees or not with the recommendation. This comment must be included in the review panel’s report.

New clauses 53(4A) and (4B) set out provisions for when a review panel proposes to change a requirement, designation, or heritage order.

Schedule 1 amendments: decision of local authority following recommendations of review panel

The amendments to clause 54 are consequential to the inclusion of decision-making requirements, designations, and heritage orders in the collaborative planning process.

Clause 54(4B) specifies when a territorial authority must not make a recommendation or decision in respect of an existing designation or heritage order which was included without modification, and on which no submissions were received. Clauses 54(6) and (7) require a territorial authority to report back to the requiring authority or heritage protection authority about the relevant designation or heritage order in instances where the requiring authority chose not to be on the collaborative group. Clause 54(8) clarifies that in this case, following the report back of the territorial authority, the provisions of Part 1 in Schedule 1 would apply.

The proposed new clause 56(1)(b) specifies that a local authority must provide electronic notification to submitters of its decision on a proposed policy statement or plan.

New clause 56(1A) relates to when a territorial authority publicly notifies a decision on a requirement, designation, or heritage order. This clause would require a territorial authority to inform the landowners and occupiers identified by the local authority as likely to be directly affected.

Schedule 1 amendments: appeals

Clause 59 has been amended to broaden the right of appeal to the Environment Court by way of rehearing. The full scope for appeals by way of rehearing is on the parts of a proposed policy statement or plan where a local authority has made a decision:

  • which is inconsistent with the recommendations of the review panel

  • to include matters that were not based on a consensus position

  • to include a matter recommended by the review panel which the collaborative group did not agree with

  • to include a change to a requirement, designation, or heritage order that a requiring authority or heritage protection authority did not fully support.

Proposed clause 59(2)(d) would include the relevant requiring authority or heritage protection authority as groups that may appeal to the Environment Court.

Schedule 1 amendments: makeup and powers of review panels

Proposed clause 64(3)(ba) would require the membership of a review panel to have the appropriate knowledge, skills, and expertise to conduct cross-examination in legal proceedings.

We recommend moving the provisions from clause 69(2) of Schedule 1 to clause 152 of the bill, as they would not come into force until 6 months after the bill’s enactment.

Schedule 1 amendments: streamlined planning process

Changes to clause 74(b)(i) would clarify that an application to a Minister for a direction to use the streamlined planning process must identify the inclusion of any requirement, designation, or heritage order in the required planning instrument. Amended clause 74(b)(v) would clarify that the consultation summary must be on the proposed planning instrument. Clause 74(b)(vi) would replace the word “proposal” with “process that the local authority wishes to use”. This would clarify that the streamlined process proposed by the local authority is to be assessed for its implications on iwi participation legislation or Mana Whakahono a Rohe, and not the proposed planning instrument.

The amendment in clause 75 would increase the organisations and persons that the Minister must consult regarding a direction on an application to use a streamlined planning process. This includes the Minister’s requirement to consult with private plan change initiators and requiring authorities when relevant. Clause 75(6) could be deleted to encourage meaningful consultation.

The amendment in clause 76 outlines how the Minister’s decision (and direction, if issued) must be delivered on a local authority’s application to use a streamlined planning process.

Clause 77 has been amended to ensure that Schedule 1 notification processes and tests in Part 1 apply, and to provide for cross-examination at any council hearing.

We propose removing the requirement in clause 78(1) regarding the Minister’s statement of expectations, and merging the provisions of clause 78(2) into clause 77.

We propose amending clause 80 to allow the Minister to initiate an amendment to a direction. The consultation requirements in clause 75(4) of Schedule 1 would also apply.

Schedule 1 amendments: other matters relevant to Minister’s direction

We propose amending clause 81 to explain when section 37 (the power of waiver and extension of time) does and does not apply.

We propose amending clause 82 to require a local authority to comply with the terms of a direction (except in relation to the statement of expectations, to which the local authority must have regard).

Schedule 1 amendments: process for approval of proposed planning instrument

Before submitting the required information to the Minister in relation to a requirement, designation, or heritage order, proposed clause 83(1A) would require a territorial authority to consult the relevant requiring authority or heritage protection authority on recommendations. We propose deleting the requirement in clause 83(d) for a local authority to submit a cost-benefit analysis rather than a section 32 report. This would maintain consistency with other plan-making process requirements.

We propose amending clause 84(1)(i) to give the Minister the option of referring the proposed planning instrument back to the local authority for further consideration with, or without, any recommendations for change. Amendments to clause 84(2) would require the Minister to consider:

  • whether a local authority has complied with the procedural requirements required by the direction

  • whether, and how, the local authority has had regard to the statement of expectations and the requirements of the RMA.

Clause 84(3) notes what the Minister may decide to consider in making his or her decision on a proposed planning instrument.

Clause 84(4) would require the Minister to include the reasoning behind his or her decision on a proposed planning instrument.

Our amendments to clause 85 clarify that there would be no further round of decision-making by the local authority once a proposed planning instrument is approved. It also outlines the decision-making process for requirements, designations, and heritage orders. If the Minister approves the planning instrument, any recommendation made by the territorial authority on a requirement, designation, or heritage order would become an approved recommendation. If the Minister does not approve the planning instrument, the recommendation on a requirement, designation, or heritage order would become not to proceed with any changes or new requirements. The recommendation would then go to the requiring authority to make its decision on the recommendation.

We recommend inserting clause 86(4)(ba) to require a local authority, upon being referred back a proposed planning instrument by the Minister, to consult the requiring authority or heritage protection authority if a recommendation relates to the inclusion of a requirement, designation, or heritage order.

We recommend deleting clause 87, which removes the Minister’s ability to insert mandatory changes into the proposed planning instrument, and we propose merging the remainder of its provisions with clause 86.

Clause 88 would specify how a local authority must publicly notify the Minister’s decision declining a proposed planning instrument.

Proposed clause 89(1A) would allow a person who has requested a private plan change to withdraw at any time before the Minister makes a decision.

Clause 90 would require the Minister to consult with the local authority before publicly consulting on a proposed revocation. If a direction is revoked, the proposed planning instrument would be withdrawn.

Schedule 1 amendments: notification of responsible Minister’s decision

Clause 91 would be amended to:

  • apply both when a planning instrument has been approved or declined by the Minister

  • require the Minister’s decision on approving or declining the planning instrument to be publicly notified; where it is approved, the provisions of clause 20 of Schedule 1 would apply

  • remove the reference to the local authority’s final decision in clause 91(2) of the bill as introduced

  • remove the requirement to provide the approval to all directly affected landowners and occupiers; instead, all submitters (and, if relevant, the private plan change requester) would need to be provided with a copy of the public notice and the statement of where the decision is available

  • require any recommendations on requirements, designations, or heritage orders approved by the Minister to be sent to the relevant requiring authority if applicable

  • apply clauses 9 and 13 of Schedule 1 for any designation and heritage order decisions.

Clause 92 would be deleted as it is redundant; the time at which a planning instrument becomes operative is in clause 91(2) of Schedule 1.

Schedule 1 amendments: scope of appeal rights

Proposed new clause 93 notes that a right to appeal is provided for in new clauses 94 and 95 of Schedule 1 (which relate to appeals by a territorial authority or by a submitter regarding notice of requirements, designations, and heritage orders). Clause 93(2) notes that Part 11 of the RMA (provisions relating to the Environment Court) and 11A (Act not to be used to oppose trade competitors) apply to appeals made under clauses 94 and 95.

Proposed clause 96 outlines the procedural requirements for a notice of appeal.

Schedule 12 amendments: overview

We recommend inserting new clause 1AA in Schedule 12, to note which other transitional, savings, and related provisions might apply.

Schedule 12 amendments: provisions relating to Part 1 of this bill

We recommend amending clause 14 of Schedule 12, to remove the subjective wording “in the opinion of the Minster”. We also recommend amending clause 14(6) to delete the phrase “or on a later prescribed date”. The Regulations Review Committee brought to our attention that the RMA’s definition of “prescribed” means that this clause would authorise delegated legislation to override primary legislation, which was not the intent. We have also recommended an extension to the timeframe, from 1 to 2 years.

We recommend amending clause 15, to clarify the transitional exemption for existing resource consents that are unaffected by the change to water quality rules.

Amendments to the Reserves Act 1977

Part 2 of the bill (clauses 162–165) contains the proposed changes to the Reserves Act.

Exchange of reserves for other land

The proposed amendments in clauses 163 and 164 would reinstate the provisions of section 15 in the RMA (relating to the exchange of reserves for other land), but with minor amendments.

Proposed section 15AA in clause 164 would provide for the joint notification and hearing process, previously contained in sections 14A and 14B of clause 163, in a more user-friendly, step-by-step format.

Consequential amendments to the RMA

We recommend amending clauses 165(2)–(7), (9), and (10), to clarify that a decision on a resource consent or plan is made under the RMA, and a decision on a reserve exchange is made under the Reserves Act.

We recommend amending clauses 165(8) and (11), to remove the requirement for notification to be given to the Minister.

New clause 165(8A) would insert an overlooked cross-reference to new section 116B.

Amendments to the Public Works Act 1981

Part 3 of the bill (clauses 166–175) contains the proposed changes to the Public Works Act.

Interpretation

We recommend amending clause 170, section 59, to exclude a statutory tenancy from the definition of “owner”.

Additional compensation

We recommend amending clause 172, new section 72A(2), to insert a requirement for a written notice to be provided from a notifying authority to a landowner regarding an acquisition of land under section 17 of the Public Works Act.

We recommend deleting unnecessary words in the definition of “category value” in new section 72B, clause 172.

We recommend amending new section 72E to:

  • allow compensation limits to be increased by Order in Council, but not decreased; however, the percentages in new section 72C(2) (referred to in section 72E(1)(c)) could be increased or decreased

  • impose a requirement that the Minister must not recommend an Order in Council unless satisfied that it is necessary or desirable to do so, having regard to the matters listed in new section 72E(2); the Minister must also have publicly consulted about the proposed change

  • limit the frequency of Orders in Council to once every 5 years.

We recommend amending clause 173, section 75, to include a statutory tenancy in the meaning of “tenant”.

Amendments to the Conservation Act 1987

Part 4 of the bill (clauses 176–182) contains the proposed changes to the Conservation Act.

Definition of working day

We recommend inserting new clause 176A, which would amend the definition of “working day” to align with the definition used in the RMA.

Contents of application

We recommend amending clause 178, new section 17S(g), to delete references to profit à prendre. They are unnecessary because the clause also refers to a licence, which is defined as including a profit à prendre.

We recommend rearranging new sections 17SA–17T in a step-by-step format and clarifying their operation and their relationship to each other.

As amended, new section 17SA would remove the unclear concept of an application’s “compliance”. It would also clarify that the Minister may return an application, and it would remove the suggestion that the Minister must in all cases make a decision about the completeness of an application within 10 working days.

As amended, new section 17SB would clarify that the Minister may decline obviously non-complying applications (without having to make a decision on this within the originally proposed 20-working-day period).

As amended, new section 17SC would clarify when an application does not have to be notified. New section 17SC(4)(b) continues the public notification requirements from section 17T(6) of the Conservation Act.

New section 17SD(4) would clarify that the Minister may return an application if an applicant does not provide all requested information within the specified timeframe. New section 17SD(5) specifies when the Minister would be unable to return an application.

As amended, new section 17ST would remove the concept of “completeness”, and more clearly set out which applications the Minister is required to consider, and when those applications must be considered.

Public notice and rights of objection

We recommend amending clause 181, section 49, to remove the reference to “interested parties”, as the process of lodging a submission would determine who is an interested party.

New Schedule 1AA of the Conservation Act

We recommend amending proposed new Schedule 1AA of the Conservation Act (contained in Schedule 7 of the bill) to make it clearer, by specifying what is meant by a pending application.

Amendments to the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

Part 5 of the bill (clauses 183–237) contains the proposed changes to the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act (EEZ Act).

The bill includes amendments to the EEZ Act that simply move provisions around to create a more orderly structure to aid readability. Consequently, a significant number of cross-references in the EEZ Act need to be updated. Many of our suggested amendments make these and other minor drafting changes.

Outline of the EEZ Act

To assist with interpretation of the EEZ Act, we recommend inserting clause 183A. This would amend section 3 to update the outline of the Act.

Definitions

We recommend updating the definition of marine consent in new clause 184(1A). Marine discharge consents and marine dumping consents would now be granted under the same process set out in the same provisions as other consents.

Proposed new clauses 184(2A) and (2B) would include in the definition of “non-notified activities” all applications that relate to decommissioning activities that are in accordance with the relevant decommissioning plan.

We recommend inserting a definition of “accepted decommissioning plan” in clause 184(3) as part of the new provisions relating to decommissioning.

We recommend inserting a definition of “EEZ policy statement” in clause 184(3). This was unintentionally omitted in the bill as introduced.

We recommend amending the definition of “marine consent authority” in clause 184(3). In the event that a board is appointed to make a decision on a marine consent application, this amendment would clarify the different responsibilities of the EPA and the appointed board of inquiry.

We propose amending the definition of “publicly notifiable application” in clause 184(3) to ensure consistency of terminology.

We recommend inserting the meaning of public notice in new clause 184A, new section 7A. This definition would improve the ability for electronic provision of, and access to, information related to consent applications, and better align with the new RMA definition while retaining the current EEZ requirement to publish newspaper notices in Auckland, Wellington, Christchurch, and Dunedin, as well as in the affected region.

Accounting for transitional, savings, and related provisions

We recommend inserting new clause 184A, which would insert new section 7B, to provide for the transitional, savings, and related provisions in new Schedule 1 (inserted by clause 233 of the bill).

Amendments to preliminary provisions

We recommend inserting new clause 184E, which would amend section 13 of the EEZ Act. This new clause would mirror the new function set out in Schedule 3 of the bill, for the EPA to provide advice, administrative, and secretarial services to boards of inquiry.

We recommend inserting new clause 184EA, which would amend section 16 of the EEZ Act, to note that a reference to a marine consent in section 16(1) would not include a marine discharge consent or a marine dumping consent. This amendment would enable the status quo to continue in respect of how decisions on marine discharge consents and marine dumping consents are delegated.

We recommend expanding the provisions in section 18 of the EEZ Act by inserting new clause 184F, to clarify the advisory functions of the Māori Advisory Committee.

Duties, restrictions, and prohibitions

We recommend amending clause 184G, section 20 of the EEZ Act, to add the abandonment of submarine pipelines on or under the seabed as an activity that is regulated under the EEZ Act.

Regulations

We recommend inserting new clause 185A. This provides for regulations to be made on decommissioning plans.

New clause 185B would require the EEZ Act’s section 32 process for developing or amending regulations to be applied to the new section 29E regulations on decommissioning plans.

Activities and consents

We recommend several amendments to clause 188, which would amend sections 35–58 of the EEZ Act.

EEZ policy statements

We recommend amending section 37A(1) to expressly provide that EEZ policy statements must be in accordance with the purpose of the EEZ Act.

We propose amending section 37D(3) in clause 188 to clarify that if the Minister withdraws a proposed policy statement, he or she must notify the same people who were notified of the proposal to make the policy statement.

We recommend inserting section 37G to expressly provide that an EEZ policy statement is a disallowable instrument, but not a legislative instrument.

We consequentially recommend deleting sections 37D(5)(e) and 37E(4)(d) because of the insertion of our proposed new section 37G.

Applying for marine consents

We recommend amending new section 38(2) to require all marine consent applications relating to an activity specified in sections 20(2)(a)–(c) to include a general description of how and when the structure, submarine pipeline, or submarine cable will be dealt with at the end of its life.

We recommend inserting new section 38(3), to require applications relating to the decommissioning of petroleum activities to include an accepted decommissioning plan, and for this plan to be carried out. We note that this requirement would not apply retrospectively, in accordance with the transitional provisions in Schedule 1, clause 2 (being inserted by Schedule 7A of the bill).

We propose deleting new section 40, as its provisions are captured in new section 54.

We recommend amending new section 43(1) to clarify that further information may be requested by the EPA if an applicant’s impact assessment does not comply with the requirements of section 39 of the EEZ Act.

Considering applications

We recommend amending section 53(2) to limit the terms of reference to administrative matters, aligning with the equivalent changes to the RMA.

We recommend inserting new section 53(9) to insert a provision that would protect inquiry board members from being liable for actions made in good faith while performing their duties. This provision mirrors section 149J(4) of the RMA.

We recommend amending new section 54 to require the EPA to make a decision within 9 months on a complete application relating to the decommissioning of petroleum infrastructure.

Decisions from the EPA

We recommend amending clause 190 to insert new clauses 190(3A) and (3B) which would amend section 59(2). They would ensure that EEZ policy statements are not inadvertently captured in the list of matters that the EPA must take into account when considering an application for a marine consent. For clarity, we recommend rearranging the contents of new section 59(2A) and (2B) in clause 190(5).

We recommend amending clauses 190, 192, and 193 (sections 59, 61, and 62) so that applications relating to the abandonment of a pipeline are treated in the same way as applications for marine dumping consents.

We recommend amending clause 195, new section 64(1AA). This new section would ensure that marine consents for activities under section 20(2)(ba) are treated in the same manner as marine dumping consents, in respect of the application of an adaptive management approach.

Consents

We recommend rearranging clause 200 to exclude discharge and dumping consents from section 73(1), and instead provide for the duration of these consents in our proposed new section 73(1A).

We also recommend deleting clause 201, which would be redundant as a result of our amended clause 200.

To avoid misinterpretation, we recommend amending clause 210 to insert new section 93(1A). Our amendment would make it clear that the EPA could not make a decision about whether a marine consent application for a cross-boundary activity ought to be processed and heard with an application for resource consent, if the consent has been referred to a board of inquiry.

Decommissioning plans

In clause 217, we recommend replacing “Subpart 4–Miscellaneous” with “Subpart 4–Decommissioning plans”. We note that the provisions of this subpart would only apply when regulations are made under new section 29E of the EEZ Act.

New subpart 4 would insert new sections 100A–100D, which set out the procedure and requirements for submitting a decommissioning plan, the EPA’s assessment of a plan, and the process for amending a plan.

New section 100D would require public consultation to be provided for in regulations made in relation to decommissioning plans. Regulations may set out that consultation on revised decommissioning plans may be limited or not required in the circumstances set out in 100D(2).

Appeals against decisions of boards of inquiry

We recommend rearranging clause 224, which would insert new subparts 1B and 1C (new sections 113A–113J).

We recommend deleting new section 113E and moving its provisions to new subpart 1C, new section 113J. This is because the provisions of new section 113J would not be limited to High Court appeals. They would apply to all proceedings before the High Court and therefore warrant the creation of new subpart 1C, entitled “proceedings generally”.

Consequentially, we recommend inserting new clause 223A, which would repeal redundant section 109 of the EEZ Act.

Miscellaneous, transitional provisions, and consequential amendments

Process may be suspended if costs outstanding

We recommend deleting clause 229, which would insert new section 147A. We consider that the provisions in section 147 of the EEZ Act are sufficient, as they would enable the EPA to suspend its processing of an application with outstanding debts.

Savings provisions relating to 2015 amendments

We recommend replacing clause 233, which would insert new sections 167B and 167C. We recommend that clause 233 instead insert these provisions as our proposed new Schedule 1, containing transitional provisions, in new Schedule 7A of the bill.

Consequentially, we propose renumbering all of the schedules in the EEZ Act (with the current schedule of the EEZ Act becoming Schedule 2), as stipulated in amended clauses 234 and 235.

Consequential amendment to Environmental Protection Authority Act 2011

We recommend inserting new clause 236 to insert a provision that mirrors new section 57 of the EEZ Act, whereby a marine consent authority may seek advice from the Māori Advisory Committee.

Consequential amendment to Maritime Transport Act 1994

We recommend inserting new clause 237 to make a consequential amendment to section 261(5)(b) of the Maritime Transport Act. This reflects the fact that under the amended EEZ Act, decisions on marine consent applications would be made under section 62 of the EEZ Act instead of section 87F.

New Schedule 1 of the EEZ Act

New Schedule 1 of the EEZ Act is set out in Schedule 7A of the bill.

Clause 1 of new Schedule 1 would have the same effect as proposed clause 233 of the bill as introduced (which proposes to insert new sections 167B and 167C). Our new clause 1 also includes definitions of “commencement day”, “pending consent application”, “pending proceeding”, and “pending review”.

Clause 2 of new Schedule 1 specifies that the provisions relating to decommissioning plans would not apply until regulations are made under new section 29E of the EEZ Act.

Consequential amendments commencing on the day after Royal Assent

As a result of our proposed amendments to the bill, we recommend inserting consequential amendments to the Environmental Protection Authority Act 2011 and the Hazardous Substances and New Organisms Act 1996.

We also recommend deleting the proposed consequential amendments to the Housing Accords and Special Areas Act 2013. We have been advised that it is not appropriate to change the cross-references in the Housing Accords and Special Areas Act. Section 6(2) of that Act specifies that every reference to the RMA, or regulations made under it, applies as they were in force on 4 September 2013.

New Zealand Labour Party minority view

The New Zealand Labour Party opposes this bill and recommends that it not proceed.

The assertion that the bill is needed because the RMA is the cause of the Auckland housing crisis is wrong, and is no justification for this flawed bill. The following table shows that more new houses were consented in Auckland and New Zealand in 2004 than in 2016. The RMA was in force throughout.

New Zealand
Calendar YearNumber of consentsValue of consents ($m)Average value ($)Average floor area (sqm)Average cost per sqm ($)
200431,423 5,891.70187,4981801,040
201629,97010,647.60355,2741821,950
Change−1,453 4,755.80167,7772  910
% Change−5%81%89%1%88%
 
Auckland Region
Calendar YearNumber of consentsValue of consents ($m)Average value ($)Average floor area (sqm)Average cost per sqm ($)
200412,1152,060.30170,0621541,103
2016 9,9304,004.90403,3141862,166
Change−2,1851,944.60233,252321,063
% Change−18%94%137%21%96%

The very broad range of submitters opposed to the bill included Local Government New Zealand and a great many regional and district councils, major land developers including Fulton Hogan, major corporates including Fonterra, infrastructure owners including airport and quarry owners, all environmental non-governmental organisations, the New Zealand Law Society, and numerous others.

Even amongst the minority of submitters who supported parts of the bill, many used guarded words like “we support the intent of the bill” before criticising much of its detail.

The bill if passed would add complexity to the Resource Management Act 1991 (RMA), and make it less effective and more expensive to use, rather than better. Legitimate complaints by submitters include:

  • The draconian ministerial regulatory powers to override plans and control consents, and to limit rights of participation. These are tantamount to a return to the National Development Act 1979, and are on the spectrum of the patently excessive regulation-making powers abused under the former Economic Stabilisation Act 1987.

  • The power to standardise plan formats and definitions inappropriately extends to the content and substantive provisions of plans.

  • The rule-making powers of the Minister are also far too broad.

  • These three forms of ministerial powers are so poorly constrained and patently excessive as to be constitutionally outrageous.

  • The bill also overrides, and allows the Minister to further override local and district council functions in such a broad and fundamental way that it overturns the traditional division of power and roles between central and local government.

  • The limits to public notification and participation, including on the subdivision of land, are wrong. Those concerned include land developers, and the owners of existing infrastructure concerned about reverse sensitivity effects on their operations. Many submitters said that earlier changes to notification have worked in recent years, and that further change is unnecessary.

  • The department said the regulatory powers that can limit rights of participation are intended to apply in urban areas, but the sections as drafted also apply to regional councils and could be used to stop people advocating against pollution of rivers.

  • Water conservation orders are undermined.

  • New provisions introducing unreasonably short time limits for some council processes will have the unintended consequence of councils making more activities discretionary rather than controlled. Overall this will complicate and delay consent applications rather than speed them up.

  • The codification of collaborative processes is unnecessary, wrong in its detail, and adds further complexity to the RMA.

  • Plan-making processes are curtailed, with insufficient safeguards to ensure that single-step processes are fair and robust when appeal rights are abrogated.

  • Appeal rights are curtailed to the detriment of adversely affected private parties, councils, communities, and the environment.

  • The important experience and wisdom of the Environment Court is lost from many decisions.

  • Many changes introduce more complexity to the RMA, through convoluted decision-making criteria and extra process alternatives. The multiple flow diagrams helpfully produced by the department to assist us illustrated how this bill makes the RMA processes more complex.

  • There are a myriad of other changes to the RMA and other Acts being amended by the bill, many of which are wrong.

Some of the changes proposed to national guidance through policy statements and environment standards are appropriate, but others are unnecessarily complex and will give rise to less consistency, not more.

Committee process

The process for passage of this bill has been shambolic, and that is no fault of the committee. The bill was referred to our committee 14 months ago on 3 December 2015. We advertised for submissions and heard them in the new year.

We heard a total of 137 submissions in Wellington, Auckland, and Christchurch. Many were complex with enormous effort from submitters. Those submissions exposed many, and major, flaws with the bill.

We finished hearing submissions on 2 June 2016. The departmental report was delayed month upon month, with numerous provisional time periods passing. Two extensions to the report-back date were obtained from the Business Committee. Further delays followed. The committee was told this was because Cabinet had not signed off proposed changes to policy positions in the bill as introduced.

Although not confirmed by officials, it was apparent that much of the delay was because the National Government has not had the voting numbers to pass the bill in the House, even if it uses its majority at this committee to force the bill through select committee.

The many months of delay have meant that some members of the committee may have forgotten details of many of the submissions heard many months earlier.

The second-stage departmental report, which the committee only had in draft form until 2 November 2016, ran to over 400 pages.

The Executive plainly could not make up its mind on what it wanted to do, and was consumed by horse trading behind the scenes. The select committee process was being abused.

Government committee members displayed an unwillingness to make whatever changes they believed were necessary, preferring to await direction from the Executive via the long-delayed departmental report. This is a worrisome trend on some committees, where even relatively minor decisions are increasingly given across to the Executive. This delays committee processes, and underutilises the skills and experience of committee members, who after all are the ones who hear the submissions on bills.

Opposition members, after many months of cooperation in agreeing to extensions of time, refused to agree to yet another extension.

The time delays meant that the bill was due to be reported back. The Labour opposition members were blocked by the National Party members from including a minority report, which had been prepared and submitted. The National Party members also blocked any report from the committee as a whole, which had been prepared by committee staff. National members took this course after the Clerk of the House of Representatives had been called to the committee, when he advised it would be highly unusual for the majority to block a minority report, and highly unusual for the committee not to report to the house about its proceedings on the bill. The motions were on notice.

As a consequence, the bill was reported back to the House without amendment and without any report from the committee on either the delayed process or the substance of the flawed bill.

A deal was then done between National and the Māori Party, and the Minister announced they had agreed to support the bill through subsequent stages. The House then took the unusual step of resubmitting the bill to the committee for further consideration, rather than proceeding to second reading.

The bill was not re-advertised. The complexity of the changes in the 400 page departmental report were substantial and amount to an effective rewrite of substantial parts of the bill. This is shown by the myriad amendments shown in the version of the bill now being referred back, and the months of redrafting required from Parliamentary Counsel Office.

The substantially different bill will not have the benefit of submitter scrutiny.

Excessive Ministerial powers remain. The regulation-making power under clause 105 of the bill, to override rules in district and regional plans, came in for broad criticism from submitters.

There are clearly extensions to the Minister’s regulation-making powers under the bill. The Minister said on Radio New Zealand on 1 February 2017 that “…there is nothing in the Resource Legislation Amendment Bill before Parliament that makes any changes in respect of the way genetically modified organisms are regulated in New Zealand.” This is patently incorrect. Court decisions have found that RMA plans can legally include rules relating to the use of genetically modified organisms, and that the Hazardous Substances and New Organisms Act 1996 is not a code. The bill introduces a new regulation-making power for the Minister to override those plan rules. The Minister is wrong to assert the contrary. He is also incorrect to assert this as being the same as national direction under national policy statements or national environment standards. Obviously if there was no change being made, the new regulation powers would be redundant.

This bill is fatally flawed. It should not proceed.

Green Party of Aotearoa / New Zealand minority view

The bill amends the Resource Management Act (RMA), the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act (EEZ), the Conservation Act, the Reserves Act, and the Public Works Act.

The RMA is a crucial foundation of New Zealand’s environmental law and planning system. Changes to it should be based on sound analysis and evidence and have broad cross-party support so that they are enduring. The bill has neither. Many of the changes appear driven by ideology and anecdote, rather than robust analysis and evidence.

The bill attracted 647 unique submissions and 94 form-style submissions, many of them critical of its fundamental aspects. Many included detailed technical analysis of the bill’s clauses and their implications, and represented a significant investment of time and expertise by submitters.

Resource users such as Fonterra, quarry operators, and infrastructure operators such as airports made similar points in opposition as environmental interests such as Fish and Game New Zealand, the Environmental Defence Society, and Forest and Bird.

Federated Farmers, for example, described the proposed Ministerial regulation-making powers as “excessive” and the provisions which allow central Government to intervene directly in local council plans as “heavy handed”.

Sir Geoffrey Palmer, presenting evidence for Fish and Game, described the regulation-making powers which would override the provisions of regional and district plans as a “constitutional outrage”. “Due process is replaced by Executive fiat.”

The Green Party opposed the bill when introduced. Reading and hearing sweeping criticism of the bill in submissions at select committee confirmed our opposition. The changes made by the select committee are at the margins and do not satisfy our, or submitters’, substantive concerns.

The bill’s changes put Executive power and individual property rights ahead of community and environmental well-being. They insert new processes for national direction, plan-making, consideration of land-use and other activities, and public notification while previous changes in 2013 are still bedding in. The changes emphasise fast decision-making ahead of good outcomes. The bill is likely to make the RMA and its implementation more complex and litigious, and increase costs for councils and users of the Act.

Limits on rights to appeal council decisions to the Environment Court restrict access to justice and the court’s ability to be a guardian of the RMA’s purpose of sustainable management and a check on poor decision-making.

Some of the major reasons for the Green Party’s opposition to the bill, and its view that the bill should not proceed, are set out below.

Poor process

Through no fault of the committee or its chairperson, the process for considering the bill has been a shambles. The Executive has dominated the select committee’s consideration of the bill and stalled progress on it. Hearings on public submissions ended on 2 June 2016, yet officials were unable to provide the select committee with a full departmental report for some five months. The Minister’s influence on the content of the departmental report, and when the committee should receive it, has compromised an effective committee process. It has cut across the committee’s ability to consider submissions and potential amendments in a robust and thoughtful way. Officials repeatedly told committee members that provisions in the bill (such as a national planning template which determines plan content and not just structure) were “policy issues”. The strong implication was that there was no scope for them or the select committee to recommend changes.

The ability of select committees to scrutinise bills, seriously consider submissions, and recommend changes is an important check on the power of the Executive and helps improve bills and parliamentary law-making. The public expects select committees to be much more than a rubber stamp for Ministers. Yet, the process around the Resource Legislation Amendment Bill has been a sham. A political agreement between the National and Māori parties to give the Government the numbers to pass the bill through the House has trumped proper select committee consideration and decision-making. Having the Executive strangle the mandate and effective operation of the select committee is an abuse of parliamentary process.

A bill of this size and complexity, and with the number of changes proposed to the principal Acts, should have been subject to much greater public consultation, such as an exposure draft prior to introduction, and by inviting further submissions on the bill as proposed for amendment by select committee. The failure to do this is likely to make its interpretation and implementation more difficult.

National direction and Ministerial powers

The new regulation-making powers for the Environment Minister. inserted as new sections 360D, 360F, and 360G, are excessive and were opposed by virtually all submitters. They are unconstitutional in weakening the role of local government and the checks and balances it provides on Executive powers. The regulation-making powers enable the Minister to intervene in, and dominate, district and regional plan-making in an ad hoc way, fast-track consent applications, and restrict public participation. They continue the centralisation of environmental management and decision-making and undermining of local democracy which has been a hallmark of the current Government.

The regulation-making powers cut across the ability of local authorities to represent and consult their communities to develop the policy framework to guide consent decisions. These decisions are about how land, rivers, lakes, aquifers, air, and the coast are used, developed and protected; and which environmental, economic, cultural, social, and other effects are acceptable and which are not.

The exercise of the regulation-making powers relies on the Minister’s opinion about broad, subjective criteria. There is no indication in the bill about what these powers would be used for, so they create an uncertain operating environment for councils. Judicial review and the Regulations Review Committee are inadequate checks on their use.

As Fonterra said, “these provisions can detract from local decision-making on local issues; compromise the principles of natural justice for stakeholders, and compromise robust resource management decision-making”.

New powers in clause 105, inserting section 360D, enable the Minister to make regulations prohibiting or removing plan rules whenever the Minister considers these rules “duplicate” the same subject matter included in other legislation. This appears to be intended to override recent Court decisions upholding the right of communities and local authorities to regulate land-uses and the planting and use of genetically modified organisms in their regions. Again, this cuts across local democracy.

The removal of explicit council functions in relation to the management of hazardous substances is opposed, as it prevents councils from controlling the effects on amenity values and community and public health of the establishment and operation of facilities such as fertiliser plants and petrochemical storage areas.

Plan-making

Submitters supported a national planning template providing guidance on plan structure and format and definitions, but 77 percent opposed using the template to insert mandatory content in plans. The Green Party agrees, and believes adequate national direction on plan content can be provided through national policy statements and national environmental standards. The committee’s renaming of the national planning template as national planning standards does not address these concerns.

Submitters, from Meridian to Forest and Bird, highlighted the value of well-informed participation in helping produce better outcomes for both plan development and resource consents. Yet the bill substantially limits public participation rights in both plan-making and consenting decisions through new processes.

The bespoke streamlined planning process gives the Minister significant power in plan-making while restricting public involvement. The Minister determines the process, there is no guarantee of a hearing, the Minister can request changes to the plan and has final approval rights, and there are no appeal rights, even on questions of law. More than half of submitters oppose the streamlined process. The provisions around limited notification of plan changes also curtail public comment.

The bill’s changes to the RMA, which allow a streamlined planning process to be used for private plan changes accepted by councils, notices of requirement, and designations are likely to result in less intense scrutiny of these proposals. They significantly advantage private developers and requiring authorities such as irrigation companies. The Green Party opposes plan amendments which the public has had no chance to comment on.

The provisions around collaborative planning processes are muddled and overly prescriptive. They provide no certainty that there will be an open and transparent process for appointing collaborative group members. They give too much power to the group and too little to elected councils and the review panel. They fail to ensure there is sufficient expertise on the review panel, and reduce the safeguards which appeal rights to the courts provide, by restricting appeals to points of law only.

The bill allows landholders to challenge any plan provisions which make “land incapable of reasonable use” or “place an unfair and unreasonable burden” on landholders. This is likely to have a chilling effect on councils’ efforts to use plans to regulate to protect assets of value to the wider public, such as indigenous vegetation and habitats for indigenous wildlife and water quality.

Public participation

The bill’s changes to notification were seen almost universally as making the RMA more complicated. There was a consistent and widespread view among submitters that the RMA’s notification procedures, as amended in 2009, were working well with no need for further changes or more limits on public involvement. Many submitters were concerned about the bill providing for blanket non-notification of controlled activities, restricted discretionary and discretionary boundary infringement, and most subdivision and residential activities. For example, not all neighbours are likely to be consulted about developments which infringe on the boundary.

The notification changes also prevent infrastructure owners and operators (such as airport authorities) from raising issues of reverse sensitivity.

The provisions, which allow councils to limit the notification of plan changes to persons they determine are affected, are undemocratic because they restrict public debate on public policy at local and regional levels.

While the provisions requiring councils to strike out certain public submissions or parts of submissions have been amended to make this power discretionary, they still unnecessarily curtail public participation. They risk making the consent process more uncertain, confused, and adversarial, with arguments over rights to submit because of the broad, subjective decision-making criteria for council officers.

Permissive approach to subdivision and residential activities

The bill’s permissive approach to subdivision, making it a permitted activity unless plans provide otherwise, and its failure to allow councils adequate time to amend their district plans, risks allowing uncontrolled subdivision, urban sprawl, and poorly planned ad hoc development throughout the country.

While the Government claims these provisions respond to urban growth pressures, the permissive subdivision provisions also apply to rural areas including sensitive sites such as outstanding natural landscapes, significant natural areas, and along the coast. These provisions, and the changes to notification, are likely to restrict citizens’ ability to have a say on new building developments affecting places of high natural and landscape value and places they care about.

Fast-track consenting

The bill provides for controlled activities and activities which the Minister identifies in regulations to be decided by councils within 10 working days under a “fast-track” process. This is an inappropriate interference by the Minister in local decision-making. It will increase the pressure on councils and prevent adequate scrutiny of activities and their effects, even if it is restricted to land-use consents as the departmental report recommends.

Conservation Act

Halving the time for public to submit on major commercial developments on public conservation land from 40 to 20 working days, as part of an alignment of concessions processes under the Conservation Act, and notified resource consent processes under the RMA, is opposed. Public notification can be the first opportunity for the public to consider the development and its impacts on biodiversity, landscape, and recreational values. Conservation land is held and managed on behalf of the public and our indigenous species. A longer submission period provides for better scrutiny of commercial development proposals and their effects.

Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act

The Green Party opposes the politicisation of decision-making in Part 3A of the bill which has the Minister, rather than the Environmental Protection Authority, appointing decision-making panels for publicly notifiable marine consent applications in the EEZ. Prior to the bill’s introduction, officials advised against this and suggested that the EPA appoint RMA boards of inquiry, as well as EEZ ones. The proposal to consolidate decision-making around the Minister is not supported by any evidence or analysis.

Conclusion

The bill is not fit for purpose. It significantly increases ministerial powers while removing or restricting basic rights of public participation. It will expedite development activities with few environmental safeguards and scant consideration of sustainable management. The bill puts private rights and development ahead of the public interest and environmental and community well-being. It should not proceed.

New Zealand First minority view

New Zealand First strongly opposes every part of the bill. A detailed minority view is therefore pointless. New Zealand First also deplores the extremely poor process by which the bill has been considered by the committee.

For all of these reasons, everything reported in the committee’s report will not be supported by New Zealand First.

Appendix

Committee process

The Resource Legislation Amendment Bill was referred to the Local Government and Environment committee on 3 December 2015. The closing date for submissions was 14 March 2016.

We received and considered 647 unique submissions from interested groups and individuals. We also received 94 form-style submissions. We heard oral evidence from 137 submitters in Auckland, Christchurch, and Wellington from 7 April 2016 to 2 June 2016.

We received advice from the Ministry for the Environment. The committee received the final version of part two of the departmental report on 2 November 2016.

The bill reverted back to the House on 7 November 2016, before being referred back to the committee on 10 November 2016.

The committee received further advice on the bill before deliberating.

We received legal drafting assistance from the Parliamentary Counsel Office. The Regulations Review Committee reported to us on the powers contained in clauses 105, 172, and Schedule 2 of the bill.

Committee membership

Scott Simpson (Chairperson)

Andrew Bayly

Matt Doocey

Hon Craig Foss

Joanne Hayes

Tutehounuku Korako

Ron Mark

Mojo Mathers

Eugenie Sage

Meka Whaitiri

Dr Megan Woods

Marama Fox was a non-voting member for this item of business.

Denis O’Rourke participated in the consideration of this item of business.

Sarah Dowie, Paul Foster-Bell, and Hon David Parker were members of our committee for much of the consideration of this item of business.

Key to symbols used

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Hon Dr Nick Smith

Resource Legislation Amendment Bill

Government Bill

101—2

Contents

Commentary
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)
17New section 34B inserted (Consent authority may fix fee payable to hearings commissioner)
34BConsent authority may fix fee payable to hearings commissioner
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 46A amended (Minister chooses process)
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)
31Section 48 amended (Public notification of proposed national policy statement and inquiry)
32Section 52 amended (Consideration of recommendations and approval or withdrawal of statement)
33Section 55 amended (Local authority recognition of national policy statements)
34New section 55A inserted (Combined process for national policy statement and national environmental standard)
55ACombined process for national policy statement and national environmental standard
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 template standards
58CContents Scope and contents of national planning template standards
58DPreparation of national planning template standards
58EApproval of national planning template standard
58FPublication of national planning template standards and other documents
58FAFirst set of national planning standards
58GAmending, Changing, replacing, or revoking national planning template standards
58HLocal authority recognition of national planning template standards
58ITime frames applying under first set of national planning standards
58IFirst national planning template to be made within 2 years and template to be kept in force at all times
58JObligation to publish planning documents
38New subpart 2 of Part 5 and new subpart 3 heading in Part 5 inserted
58KPurpose of iwi participation arrangements
58LLocal authorities to invite iwi to enter into iwi participation arrangement
58MContent of iwi participation arrangements
58NTime frame for concluding iwi participation arrangement
58OParties may seek assistance from Minister
58PRelationship with iwi participation legislation
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
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)
62Section 104 amended (Consideration of applications)
63Section 108 amended (Conditions of resource consents)
64New section 108AA inserted (Requirements for conditions of resource consents)
108AARequirements for conditions of resource consents
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
82Section 168A amended (Notice of requirement by territorial authority)
82ASection 170 amended (Discretion to include requirement in proposed plan)
83Section 171 amended (Recommendation by territorial authority)
84Section 189 amended (Notice of requirement to territorial authority)
85Section 191 amended (Recommendation by territorial authority)
86New sections 195B and 195C inserted
195BTransfer of heritage order
195CNotice of determination
87Section 207 amended (Matters to be considered)
88Section 212 amended (Matters to be considered by Environment Court)
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
97Section 290A replaced (Environment Court to have regard to decision that is subject of appeal or inquiry)
290AEnvironment Court to have regard to decision that is subject of appeal or inquiry, and to related reports and processes
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
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 replaced repealed
434Transitional, savings, and related provisions for amendments made on or after 4 September 2013
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 affected infringed boundaries are permitted activities
87BBActivities meeting certain requirements are permitted activities
123Section 88 amended (Making an application)
124Section 88E amended (Excluded time periods relating to other matters)
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)
128New section 95DA inserted (Persons eligible to be considered affected persons for purpose of limited notification)
95DAPersons eligible to be considered affected persons for purpose of limited notification
129Section 95E replaced (Consent authority decides if person is affected person)
95EAffected persons for purpose of limited notification under section 95B Consent 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)
147Section 357D amended (Decision on objections made under sections 357 to 357B)
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
163New sections 14A and 14B and cross-heading inserted
14AMinister may authorise exchange of reserve land for other land
14BAdministering body may authorise exchange of recreation reserve land for other land
164Section 15 amended (Exchange of reserves for other land)
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 where application includes request for exchange of 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
178Section 17S replaced (Contents of application) Sections 17S and 17T replaced
17SContents of application
17SAReturning non-compliant applications
17SAMinister may return application that lacks required information
17SBMinister may decline application that is inconsistent
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
179Section 17T amended (Process for complete application)
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
40Obligation to deal with application promptly
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)
201New section 73A inserted (Duration of marine discharge consents and marine dumping consents)
73ADuration of marine discharge consents and marine dumping consents
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
100AOwner must submit decommissioning plan
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 subpart 1B 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
113ERepresentation at proceedings
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)
229New section 147A inserted (Process may be suspended if costs outstanding)
147AProcess may be suspended if costs outstanding
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 sections 167B and 167C inserted
167BSavings provisions in relation to marine consent applications
167CSavings provisions in relation to review of consent duration or conditions
233New Schedule 1 inserted
234Schedule amended
235New Schedules 2 and 3 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:

1 Title

This Act is the Resource Legislation Amendment Act 2015.

2 Commencement

(1)

Subpart 2 of Part 1 (amendments to Resource Management Act 1991) and Part 4 (amendments to Conservation Act 1987) come into force on the day that is 6 months after the date on which this Act receives the Royal assent.

(2)

Subpart 3 of Part 1 (amendments to Resource Management Act 1991 relating to financial contributions) comes into force on the day that is 5 years after the date on which this Act receives the Royal assent.

(3)

The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent.

Part 1 Amendments to Resource Management Act 1991

3 Principal Act

This Part amends the Resource Management Act 1991 (the principal Act).

Subpart 1—Amendments that commence on day after Royal assent

Amendments to Part 1 of principal Act

4 Section 2 amended (Interpretation)

(1)

In section 2(1), insert in their appropriate alphabetical order:

collaborative group has the meaning given in clause 36 of Schedule 1

collaborative planning process means the process by which a proposed policy statement or plan is prepared or changed in accordance with Part 4 of Schedule 1

combined document means any instrument for which section 80 makes provision

development capacity has the meaning given in section 30(5)

(2)

In section 2(1), definition of infrastructure, delete “, in section 30,”.

(3)

In section 2(1), insert in their appropriate alphabetical order:

iwi participation arrangement means an arrangement entered into under section 58L

iwi participation legislation means legislation (other than this Act), including any legislation listed in Schedule 3 of the Treaty of Waitangi Act 1975, that provides a role for iwi or hapū in processes under this Act has the meaning given in section 58K

Mana Whakahono a Rohe means an iwi participation arrangement entered into under subpart 2 of Part 5

national planning template standard means any of the national planning template standards approved under section 58E, as amended from time to time

4A New section 3B inserted (Transitional, savings, and related provisions)

After section 3A, insert:

3B Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 12 have effect according to their terms.

Amendment to Part 2 of principal Act

5 Section 6 amended (Matters of national importance)

After section 6(g), insert:

(h)

the management of significant risks from natural hazards.

Amendments to Part 3 of principal Act

6 Section 12 amended (Restrictions on use of coastal marine area)

After section 12(6), insert:

(7)

This section does not prohibit a regional council from removing structures from the common marine and coastal area, in accordance with the requirements of section 19(3) to (3C) of the Marine and Coastal Area (Takutai Moana) Act 2011, unless those structures are permitted by a coastal permit.

7 Section 14 amended (Restrictions relating to water)

In section 14(3)(b)(ii), replace “an individual’s” with “a person’s”.

8 New section 18A and cross-heading inserted

After section 18, insert:

Procedure

18A Procedural principles

Every person exercising powers and performing functions under this Act must take all practicable steps to

(a)

use timely, efficient, consistent, and cost-effective processes that are proportionate to the functions or powers being performed or exercised; and

(b)

ensure that policy statements and plans—

(i)

include only those matters relevant to the purpose of this Act; and

(ii)

are worded in a way that is clear and concise; and

(c)

promote collaboration between or among local authorities on their common resource management issues.

Amendments to Part 4 of principal Act

9 Section 24 amended (Functions of Minister for the Environment)

(1)

After section 24(b), insert:

(ba)

the approval of the a national planning template standard under section 58E:

(2)

In section 24(f), after “national policy statements,”, insert the national planning template standards,”.

10 Section 29 amended (Delegation of functions by Ministers)

(1)

After section 29(1)(d), insert:

(da)

approving, changing, replacing, or revoking the a national planning template standard under section 58E or 58G, other than to make changes that have no more than a minor effect, correct obvious errors or omissions, or make similar technical changes:

(2)

After section 29(4A), insert:

(4B)

The Environmental Protection Authority may, in writing and with the consent of the Minister of Conservation, delegate any of the functions, powers, and duties that the Minister has delegated to the Authority

(a)

under section 149ZD(4); and

(b)

under sections 357B(b), 357C, and 357D, in relation to a delegation to which paragraph (a) applies.

(3)

After section 29(5), insert:

(6)

A delegation under subsection (4B)

(a)

is revocable at will, but the revocation does not take effect until it is communicated in writing to the delegate; and

(b)

does not prevent the Environmental Protection Authority from performing the functions or duties, or exercising the powers, concerned.

11 Section 30 amended (Functions of regional councils under this Act)

(1)

After section 30(1)(b), insert:

(ba)

the establishment, implementation, and review of objectives, policies, and methods to ensure that there is sufficient development capacity in relation to residential housing and business land to meet the expected long-term demands of the region:

(2)

Repeal section 30(1)(c)(v).

(3)

In section 30(1)(d)(v), delete “and the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances”.

(4)

After section 30(4), insert:

(5)

In this section and section 31, development capacity, in relation to residential and business land, means the capacity of the land for development, taking into account the following factors:

(a)

the zoning of the land; and

(b)

the provision of adequate infrastructure, existing or likely to exist, to support the development of the land, having regard to

(i)

the relevant proposed and operative policy statements and plans for the region; and

(ii)

the relevant proposed and operative plans for the district; and

(iii)

any relevant management plans and strategies prepared under other Acts; and

(c)

the rules and methods in the operative plans that govern the capacity of the land for development; and

(d)

other constraints on the development of the land, including natural and physical constraints.

(5)

In this section and section 31,

business land means land that is zoned for business use in an urban environment, including, for example, land in the following zones:

(a)

business and business parks:

(b)

centres, to the extent that this zone allows business uses:

(c)

commercial:

(d)

industrial:

(e)

mixed use, to the extent that this zone allows business uses:

(f)

retail

development capacity, in relation to housing and business land in urban areas, means the capacity of land for urban development, based on

(a)

the zoning, objectives, policies, rules, and overlays that apply to the land under the relevant proposed and operative regional policy statements, regional plans, and district plans; and

(b)

the capacity required to meet

(i)

the expected short and medium term requirements; and

(ii)

the long term requirements; and

(c)

the provision of adequate development infrastructure to support the development of the land

development infrastructure means the network infrastructure for

(a)

water supply, wastewater, and storm water; and

(b)

to the extent that it is controlled by local authorities, land transport as defined in section 5(1) of the Land Transport Management Act 2003.

12 Section 31 amended (Functions of territorial authorities under this Act)

(1)

After section 31(1)(a), insert:

(aa)

the establishment, implementation, and review of objectives, policies, and methods to ensure that there is sufficient development capacity in respect of residential housing and business land to meet the expected long-term demands of the district:

(2)

Repeal section 31(1)(b)(ii).

13 Section 32 amended (Requirements for preparing and publishing evaluation reports)

(1)

In section 32(3), after “statement,”, insert “national planning template standard,”.

(1A)

In section 32(4), after greater, insert or lesser.

(2)

After section 32(4), insert:

(4A)

If the proposal is a proposed policy statement, plan, or change prepared in accordance with any of the processes provided for in Schedule 1, the evaluation report must—

(a)

summarise all advice concerning the proposal received from iwi authorities under the relevant provisions of Schedule 1; and

(b)

summarise the response to the advice, including any provisions of the proposal that are intended to give effect to the advice.

(2A)

In section 32(5)(b), delete publicly.

(3)

In section 32(6), definition of proposal, after “statement,”, insert “national planning template standard,”.

14 Section 32AA amended (Requirements for undertaking and publishing further evaluations)

(1)

In section 32AA(1)(d)(i), after New Zealand coastal policy statement, insert or the national planning template.

(1)

In section 32AA(1)(d)(i),

(a)

after New Zealand coastal policy statement, insert or a national planning standard; and

(b)

delete publicly.

(2)

In section 32AA(3), after “statement,”, insert “national planning template standard,”.

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

In section 32A(3), after “statement,”, insert “national planning template standard,”.

16 Section 34A amended (Delegation of powers and functions to employees and other persons)

After section 34A(1), insert:

(1A)

If a local authority is considering appointing 1 or more hearings commissioners to exercise a delegated power to conduct a hearing under Part 1 of Schedule 1,—

(a)

the local authority must consult tangata whenua through relevant iwi authorities on whether it is appropriate to appoint a commissioner with an understanding of tikanga Māori and of the perspectives of local iwi or hapū; and

(b)

if the local authority considers it appropriate, it must appoint at least 1 commissioner with an understanding of tikanga Māori and of the perspectives of local iwi or hapū, in consultation with relevant iwi authorities.

17 New section 34B inserted (Consent authority may fix fee payable to hearings commissioner)

After section 34A, insert:

34B Consent authority may fix fee payable to hearings commissioner

(1)

A consent authority may, from time to time, fix the fee payable to a hearings commissioner for hearing and deciding a matter in accordance with a delegation by the consent authority under section 34A(1).

(2)

A fee fixed under this section must be either a specific amount or determined by reference to scales of fees or other formulae fixed by the consent authority.

(3)

A fee may be fixed under this section only

(a)

in the manner set out in section 150 of the Local Government Act 2002; and

(b)

after using the special consultative procedure set out in section 83 of the Local Government Act 2002.

(4)

A consent authority must fix a fee under this section if required to do so by regulations made under section 360E.

(5)

A consent authority must publish and maintain, on an Internet site to which the public has free access, an up-to-date record of any fee that it fixes under this section.

18 Section 35 amended (Duty to gather information, monitor, and keep records)

(1)

After section 35(2)(c), insert:

(ca)

the efficiency and effectiveness of processes used by the local authority in exercising its powers or performing its functions or duties (including those delegated or transferred by it), including matters such as timeliness, cost, and the overall satisfaction of those persons or bodies in respect of whom the functions, powers, functions, or duties are exercised or performed; and

(2)

After section 35(2), insert:

(2AA)

Monitoring required by subsection (2) must be undertaken in accordance with any regulations.

19 Section 35A amended (Duty to keep records about iwi and hapu)

(1)

In section 35A(1)(c), after “kaitiakitanga”, insert “; and”.

(2)

After section 35A(1)(c), insert:

(d)

any iwi participation arrangement Mana Whakahono a Rohe entered into under section 58L.

20 Section 36 amended (Administrative charges)

(1)

In section 36(1), delete “, subject to subsection (2),”.

(2)

After section 36(1)(cb), insert:

(cc)

charges payable by a person who carries out a permitted activity, for the monitoring of that activity, if the local authority is empowered to charge for the monitoring in accordance with section 43A(8):

(3)

In section 36(1), delete “Charges fixed under this subsection shall be either specific amounts or determined by reference to scales of charges or other formulae fixed by the local authority.”

(4)

Replace section 36(2) to (8) with:

(2)

Charges fixed under this section must be either specific amounts or determined by reference to scales of charges or other formulae fixed by the local authority.

(3)

Charges may be fixed under this section only—

(a)

in the manner set out in section 150 of the Local Government Act 2002; and

(b)

after using the special consultative procedure set out in section 83 of the Local Government Act 2002; and

(c)

in accordance with section 36AAA.

(4)

A local authority must fix a charge under this section if required to do so by regulations made under section 360E.

Additional charges

(5)

Where Except where regulations are made under section 360E, if a charge fixed under this section is, in any particular case, inadequate to enable a local authority to recover its actual and reasonable costs in respect of the matter concerned, the local authority may require the person who is liable to pay the charge to also pay an additional charge to the local authority.

(6)

A local authority must, on request by any person liable to pay a charge under this section, provide an estimate of any additional charge likely to be imposed under subsection (5).

(7)

Sections 357B to 358 (which deal with rights of objection and appeal against certain decisions) apply in respect of the requirement by a local authority to pay an additional charge under subsection (5).

Other matters

(8)

Section 36AAB sets out other matters relating to administrative charges.

21 New sections 36AAA and 36AAB inserted

After section 36, insert:

36AAA Criteria for fixing administrative charges

(1)

When fixing charges under section 36, a local authority must have regard to the criteria set out in this section.

(2)

The sole purpose of a charge is to recover the reasonable costs incurred by the local authority in respect of the activity to which the charge relates.

(3)

A particular person or particular persons should be required to pay a charge only—

(a)

to the extent that the benefit of the local authority’s actions to which the charge relates is obtained by those persons as distinct from the community of the local authority as a whole; or

(b)

where the need for the local authority’s actions to which the charge relates results from the actions of those persons; or

(c)

in a case where the charge is in respect of the local authority’s monitoring functions under section 35(2)(a) (which relates to monitoring the state of the whole or part of the environment),—

(i)

to the extent that the monitoring relates to the likely effects on the environment of those persons’ activities; or

(ii)

to the extent that the likely benefit to those persons of the monitoring exceeds the likely benefit of the monitoring to the community of the local authority as a whole.

(4)

The local authority may fix different charges for different costs it incurs in the performance of its various functions, powers, and duties under this Act—

(a)

in relation to different areas or different classes of applicant, consent holder, requiring authority, or heritage protection authority; or

(b)

where any activity undertaken by the persons liable to pay any charge reduces the cost to the local authority of carrying out any of its functions, powers, and duties.

(5)

If a local authority fixes a charge under section 36 that includes a component payable to a hearings commissioner for hearing and deciding a matter, the amount of that component must be the amount of the fee fixed under section 34B (if any).

36AAB Other matters relating to administrative charges

(1)

A local authority may, in any particular case and in its absolute discretion, remit the whole or any part of any charge of a kind referred to in section 36 that would otherwise be payable.

(2)

Where a charge of a kind referred to in section 36 is payable to a local authority, the local authority need not perform the action to which the charge relates until the charge has been paid to it in full.

(3)

However, subsection (2) does not apply to a charge to which section 36(1)(ab)(ii), (ad)(ii), or (cb)(iv) applies (relating to independent hearings commissioners requested by submitters or reviews required by a court order).

(4)

A local authority must publish and maintain, on an Internet site to which the public has free access, an up-to-date list of charges fixed under section 36.

21A Section 39B amended (Persons who may be given hearing authority)

In section 39B(1)(f), after Schedule 1, insert or given limited notification under clause 5A of that schedule.

Amendments to Part 4A of principal Act

22 Section 42C amended (Functions of EPA)

After section 42C(d), insert:

(daa)

to provide planning advice under section 149L to a board of inquiry:

(dab)

if requested by the Minister, to provide secretarial and support services to a person appointed under another Act to make a decision requiring the application of provisions of this Act as applied or modified by the other Act:

(dac)

if requested by the Minister, to provide advice and secretarial and support services to the Minister in relation to the Minister’s functions under the streamlined planning process (see subpart 5 of Part 5 and Part 5 of Schedule 1).

23 New section 42CA inserted (Cost recovery for specified function of EPA)

After section 42C, insert:

42CA Cost recovery for specified function of EPA

(1)

If the Minister asks the EPA under section 42C(dab) to provide secretarial and support services to a person (a supported person),—

(a)

the Minister may direct the EPA to recover from the that person the actual and reasonable costs incurred by the EPA in providing the services; and

(b)

the EPA may recover those costs in accordance with the direction, but only to the extent that they are not provided for by an appropriation under the Public Finance Act 1989.

(2)

The EPA must, on request by an applicant the supported person, provide an estimate of the costs likely to be recovered under this section.

(3)

When recovering costs under this section, the EPA must have regard to the following criteria:

(a)

the sole purpose is to recover the reasonable costs incurred in providing the services:

(b)

the applicant supported person should be required to pay for costs only to the extent that the benefit of the services provided by the EPA is obtained by the applicant that person as distinct from the community as a whole:

(c)

the extent to which any activity by the applicant supported person reduces the cost to the EPA of providing the services.

(4)

If the EPA requires a supported person to pay costs recoverable under this section, the costs are a debt due to the Crown that is recoverable by the EPA on behalf of the Crown in any court of competent jurisdiction.

Amendments to Part 5 of principal Act

23A Section 43AA amended (Interpretation)

In section 43AA, definition of proposed policy statement,

(a)

after clause 5 of Schedule 1, insert , or given limited notification under clause 5A of that schedule,; and

(b)

replace clause 20 of Schedule 1 with clause 20 of that schedule.

23B Section 43AAC amended (Meaning of proposed plan)

In section 43AAC(1)(a),

(a)

after clause 5 of Schedule 1, insert or given limited notification under clause 5A of that schedule,; and

(b)

replace clause 20 of Schedule 1 with clause 20 of that schedule.

24 Cross-heading above section 43 replaced

Replace the cross-heading above section 43 with:

Subpart 1—National instruments direction

National environmental standards

25 Section 43 amended (Regulations prescribing national environmental standards)

(1AA)

After section 43(2)(d), insert:

(da)

non-technical methods or requirements:

(1)

Replace After section 43(3) with, insert:

(34)

Regulations made under this section or any provisions of those regulations may apply—

(a)

generally; or

(b)

to any specified district or region of any local authority; or

(c)

to any other specified part of New Zealand.

26 Section 43A amended (Contents of national environmental standards)

(1AA)

In section 43A(1)(f), after permits, insert or consents.

(1AB)

In section 43A(2)(a)(i), after standard, insert , including the duration of a consent.

(1AC)

After section 43A(3), insert:

(3A)

However, despite subsection (3), an activity that, in whole or in part, involves a hazardous substance or new organism may be classified as a permitted activity by a national environmental standard.

(3B)

Subsection (3A) applies only

(a)

if the hazardous substance or new organism has been approved under the Hazardous Substances and New Organisms Act 1996; and

(b)

to the extent that any adverse effects of the hazardous substance or new organism on the environment are managed under conditions imposed on the approval granted under that Act.

(1)

After section 43A(7), insert:

(8)

A national environmental standard may empower local authorities to charge for monitoring any specified permitted activities in the standard.

(a)

empower a consent authority to charge for monitoring any permitted activities specified in the standard; and

(b)

specify how consent authorities must perform their functions in order to achieve the standard.

27 Section 43B amended (Relationship between national environmental standards and rules or consents)

(1)

Replace section 43B(3) with:

(3)

A rule or resource consent that is more lenient than a national environmental standard prevails over that the standard, so long as if the standard expressly permits says that a rule or consent to may be more lenient than the standard it.

(2)

In section 43B(5), after granted, insert under the district rules.

(3)

Replace section 43B(6) with:

(6)

The following permits and consents prevail over a national environmental standard:

(a)

a coastal, water, or discharge permit:

(b)

a land use consent granted in relation to a regional rule.

(6A)

Subsection (6) applies

(a)

if those permits or consents are granted before the date on which a relevant national environmental standard is notified in the Gazette:

(b)

until a review of the conditions of the permit or consent under section 128(1)(ba) results in some or all of the standard prevailing over the permit or consent.

27A Section 43E amended (Relationship between national environmental standards and bylaws)

Replace section 43E(3) with:

(3)

A bylaw may be more lenient than a national environmental standard if the standard expressly specifies that the bylaw may be more lenient.

27B Section 43G repealed (Incorporation of material by reference in national environmental standards)

Repeal section 43G.

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

After section 44(2), insert:

(2A)

In relation to a proposal for a national environmental standard that relates to a specified district, region, or other part of New Zealand, the references in subsection (2) to the public and iwi authorities must be read as references to the public and iwi authorities within the specified region, district, or other part of New Zealand.

(1)

Replace section 44(1) and (2) with:

(1)

Before recommending the making of a national environmental standard to the Governor-General, the Minister must

(a)

comply with section 46A(3); and

(b)

prepare an evaluation report for the standard in accordance with section 32; and

(c)

have particular regard to that report when deciding whether to recommend the making of the standard; and

(d)

publicly notify the report and recommendation made under section 46A(4)(c) or 51(2), as the case requires.

(2)

In section 44(3), after steps, insert in section 46A.

28A Section 44A amended (Local authority recognition of national environmental standards)

Replace section 44A(2)(b) with:

(b)

the rule in the plan is more lenient than a provision in the standard and the standard does not expressly specify that a rule may be more lenient than the provision in the standard.

29 New section 45A inserted (Contents of national policy statements)

After section 45, insert:

45A Contents of national policy statements

(1)

A national policy statement must state objectives and policies for matters of national significance that are relevant to achieving the purpose of this Act.

(2)

A national policy statement may also state—

(a)

the matters that local authorities must consider in preparing policy statements and plans:

(b)

methods or requirements that local authorities must, in developing the content of in policy statements or plans, apply in the manner specified in the national policy statement, and any specifications for how local authorities must apply those methods or requirements, including the use of models and formulas:

(c)

the matters that local authorities are required to achieve or provide for in policy statements and plans:

(d)

constraints or limits on the content of policy statements or plans:

(e)

objectives and policies that must be included in policy statements and plans:

(f)

directions to local authorities on the collection and publication of specific information in order to achieve the objectives of the statement:

(g)

directions to local authorities on monitoring and reporting on matters relevant to the statement, including—

(i)

directions for monitoring and reporting on their progress in relation to any provision included in the statement under this section; and

(ii)

directions for monitoring and reporting on how they are giving effect to the statement; and

(iii)

directions specifying standards, methods, or requirements for carrying out monitoring and reporting under subparagraph (i) or (ii):

(h)

any other matter relating to the purpose or implementation of the statement.

(3)

A national policy statement or any provisions of it may apply—

(a)

generally; or

(b)

to any specified district or region of any local authority; or

(c)

to any other specified part of New Zealand.

(4)

A national policy statement may include transitional provisions for any matter, including its effect on existing matters or proceedings.

(5)

Consultation undertaken before this section comes into force in relation to a matter included in a national policy statement satisfies the requirement for consultation under section 46A.

30 Section 46A amended (Minister chooses process)

After section 46A(2), insert:

(2A)

If the Minister uses the process in subsection (1)(b) in relation to a proposed national policy statement that relates to a specified district, region, or other part of New Zealand, the reference in that subsection to public and iwi authorities must be read as a reference to the public and iwi authorities within the specified region, district, or other part of New Zealand.

30 Section 46 repealed (Proposed national policy statement)

Repeal section 46.

30A Section 46A replaced (Minister chooses process)

Replace section 46A with:

46A Single process for preparing national directions

(1)

This section and sections 47 to 51 set out the requirements for preparing a national direction.

(2)

In this section and sections 47 to 51, national direction means both or either of the following documents:

(a)

a national environmental standard:

(b)

a national policy statement.

(3)

If the Minister proposes to issue a national direction, the Minister must either

(a)

follow the requirements set out in sections 47 to 51; or

(b)

establish and follow a process that includes the steps described in subsection (4).

(4)

The steps required in the process established under subsection (3)(b) must include the following:

(a)

the public and iwi authorities must be given notice of

(i)

the proposed national direction; and

(ii)

why the Minister considers that the proposed national direction is consistent with the purpose of the Act; and

(b)

those notified must be given adequate time and opportunity to make a submission on the subject matter of the proposed national direction; and

(c)

a report and recommendations must be made to the Minister on the submissions and the subject matter of the national direction; and

(d)

the matters listed in section 51(1) must be considered as if the references in that provision to a board of inquiry were references to the person who prepares the report and recommendations.

(5)

In preparing a national direction, the Minister may, at any time, consult on a draft national direction.

(6)

When choosing between subsection (3)(a) and (b), the Minister may consider

(a)

the advantages and disadvantages of preparing the proposed national direction quickly:

(b)

the extent to which the proposed national direction differs from

(i)

other national environmental standards:

(ii)

other national policy statements:

(iii)

regional policy statements:

(iv)

plans:

(c)

the extent and timing of public debate and consultation that took place before the proposed national direction was prepared:

(d)

any other relevant matter.

(7)

If the Minister decides, after consulting as required by subsection (3), to recommend that regulations on the same subject matter as that consulted on be made under any of sections 360 to 360G, the consultation under subsection (3) satisfies the requirement to consult the public and iwi authorities in relation to those regulations.

(8)

A national policy statement prepared in accordance with this section is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

30B Section 46B amended (Incorporation of material by reference in national policy statements)

(1)

In the heading to section 46B, replace policy statements with direction.

(2)

In section 46B, replace policy statement with direction.

30C Section 47 amended (Board of inquiry)

In section 47(1), replace policy statement with direction.

30D Section 48 amended (Public notification of proposed national policy statement and inquiry)

(1)

Replace the heading to section 48 with Public notification of proposal for national direction and inquiry.

(2)

In section 48(1), replace policy statement with direction.

(3)

In section 48(2)(a), (ab), and (b), replace policy statement with direction.

30E Section 49 amended (Submissions to board of inquiry)

In section 49(1), replace policy statement with direction.

30F Section 50 amended (Conduct of hearing)

In section 50(1), replace policy statement with direction in each place.

30G Section 51 amended (Matters to be considered and board of inquiry’s report)

In section 51(1)(b) and (c), replace policy statement with direction.

30H Section 52 amended (Consideration of recommendations and approval or withdrawal of statement)

(1)

In section 52(1), replace The Minister, with In the case of a national policy statement, whether made in accordance with section 46A(3)(a) or (b), the Minister.

(2)

In section 52(1)(a), replace section 51 with section 46A(4)(c) or 51, as the case requires.

(3)

In section 52(1)(c),

(a)

replace a further with an; and

(b)

replace section 32AA with section 32.

31 Section 48 amended (Public notification of proposed national policy statement and inquiry)

After section 48(1), insert:

(1A)

However, if a proposed national policy statement applies only to a specified district, region, or other part of New Zealand, the obligations under subsection (1) do not apply and are replaced by the obligation

(a)

to publish a notice of the proposed national policy statement and the inquiry in a newspaper in regular circulation in the specified district, region, or other part of New Zealand; and

(b)

to serve the notice on the local authorities and other persons and authorities within that district, region, or other part of New Zealand, as the board considers appropriate.

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

After section 52(3), insert:

(4)

However, if a national policy statement applies only to a specified district, region, or other part of New Zealand, the obligation under subsection (3)(b) is

(a)

to publicly notify the statement and report in whatever form the Minister thinks appropriate; and

(b)

to send copies to the local authorities in the specified district, region, or other part of New Zealand to which the national policy statement applies.

33 Section 55 amended (Local authority recognition of national policy statements)

(1AA)

In section 55(2)(b), after statement, insert ; or.

(1AB)

After section 55(2)(b), insert:

(c)

if it is necessary to make the document consistent with any constraint or limit set out in the statement.

(1)

In section 55(3), replace “specified in” with “directed by”.

(2)

Repeal section 55(4).

34 New section 55A inserted (Combined process for national policy statement and national environmental standard)

After section 55, insert:

55A Combined process for national policy statement and national environmental standard

(1)

The Minister may prepare a national policy statement and a national environmental standard using a combined process by

(a)

preparing the proposed national policy statement in accordance with section 46; and

(b)

preparing the proposal for a national environmental standard in accordance with section 44; and

(c)

proceeding in accordance with subsection (2).

(2)

For the purposes of subsection (1)(c), the Minister must

(a)

use the process set out in sections 47 to 51 or the process set out in section 46A(1)(b)(iaaa), (i), and (ii), and a reference to a proposed national policy statement must be read as a reference to the proposed national policy statement and a proposal for a national environmental standard; and

(b)

comply with sections 52 and 54 in relation to the proposed national policy statement; and

(c)

decide whether to make a recommendation to the Governor-General for the making of the national environmental standard and comply with section 44(2)(ba) before making that decision.

35 Section 56 amended (Purpose of New Zealand coastal policy statements)

In section 56, after “state”, insert “objectives and”.

35A Section 57 amended (Preparation of New Zealand coastal policy statements)

In section 57(1), replace section 46A(1) with section 46A(3).

36 Section 58 amended (Contents of New Zealand coastal policy statements)

In section 58, insert as subsections (2) and (3):

(2)

A New Zealand coastal policy statement may also include any of the matters specified in section 45A(2) and (4) (which applies as if a New Zealand coastal policy statement were a national policy statement references to a national policy statement were references to a New Zealand coastal policy statement).

(3)

A New Zealand coastal policy statement or any provisions of it may apply—

(a)

generally within the coastal environment; or

(b)

to any specified part of the coastal environment.

36A Section 58A repealed (Incorporation of material by reference in New Zealand coastal policy statements)

Repeal section 58A.

37 New sections 58B to 58J and cross-heading inserted

After section 58A, insert:

National planning template standards

58B Purposes of national planning template standards

(1)

The purposes of the national planning template standards are—

(a)

to assist in achieving the purpose of this Act; and

(b)

to set out requirements or other provisions relating to any aspect of the structure, format, or content of regional policy statements and plans to address matters any matter that the Minister considers—

(i)

to be nationally significant:

(ii)

to require requires national consistency:

(iia)

is required to support the implementation of a national environmental standard, a national policy statement, a New Zealand coastal policy statement, or regulations made under this Act:

(iii)

to be required to address any of is required to assist people to comply with the procedural principles set out in section 18A.

(2)

In this section and sections 58C to 58J, references to the Minister are to be read as references to the Minister of Conservation if, and to the extent that, a matter relates to the coastal marine area.

58C Contents Scope and contents of national planning template standards

(1)

The national planning template may specify

(a)

the structure and form of regional policy statements and plans:

(b)

any of the matters specified in section 45A(2) and (4) (which applies as if the national planning template were a national policy statement):

(c)

objectives, policies, methods (including rules), and other provisions that must or may be included in plans:

(d)

objectives, policies, methods (but not rules), and other provisions that must or may be included in regional policy statements:

(e)

a time frame or time frames for councils to give effect to the whole or part of the national planning template, including different time frames for

(i)

different local authorities:

(ii)

different parts of the national planning template:

(f)

if the national planning template specifies that a rule must or may be included in plans, whether the local authority must review a discharge, coastal, or water permit under section 130 to ensure compliance with the rule.

(1)

National planning standards must

(a)

give effect to national policy statements; and

(b)

be consistent with

(i)

national environmental standards; and

(ii)

regulations made under this Act; and

(iii)

water conservation orders.

(1A)

National planning standards may specify

(a)

any of the matters specified in section 45A(2) and (4) (which applies as if the national planning standard were a national policy statement):

(b)

objectives, policies, methods (including rules), and other provisions to be included in plans:

(c)

objectives, policies, methods (but not rules), and other provisions to be included in regional policy statements:

(d)

that a local authority must review, under section 128(1), a discharge, coastal, or water permit, or a land use consent required in relation to a regional rule.

(2)

For the purpose of subsection (1)(c) (1A)(b), the national planning template standards may include any rules that could be included in any regional or district plan under section 68 or, 68A to 70A, 76, or 77A to 77D.

(3)

The national planning template may specify requirements that relate to the electronic accessibility and functionality of policy statements and plans.

(4)

The national planning template or any provisions of it may apply generally or to specific regions or districts or other parts of New Zealand.

(3)

A national planning standard may also

(a)

specify the structure and form of regional policy statements and plans:

(b)

direct local authorities

(i)

to use a particular structure and form for regional policy statements and plans:

(ii)

to include specific provisions in their policy statements and plans:

(iii)

to choose from a number of specific provisions to be included in their policy statements and plans:

(c)

direct whether a national planning standard applies generally, to specific regions or districts, or to other parts of New Zealand:

(d)

include time frames for local authorities to give effect to the whole or part of a national planning standard, including different time frames for different local authorities:

(e)

specify where local provisions must or may be included in regional policy statements and plans:

(f)

include requirements that relate to the electronic accessibility and functionality of policy statements and plans.

(5)

The national National planning template standards may incorporate material by reference, and Schedule 1AA applies for the purposes of this subsection as if references to a national environmental standard, national policy statement, or New Zealand coastal policy statement were included references to the national planning template standards.

(6)

The national National planning template standards may, for ease of reference, set out (or incorporate by reference) provisions of a national policy statement, a New Zealand coastal policy statement, or regulations (including a national environmental standard), but those provisions do not form part of the a national planning template standard for the purposes of any other provision of this Act or for any other purpose.

58D Preparation of national planning template standards

(1)

If the Minister determines decides to prepare a national planning template standard, the Minister must prepare it in accordance with this section and sections 58E to 58J.

(2)

In preparing or amending the a national planning template standard, the Minister may have regard to—

(a)

the matters set out in section 45(2)(a) to (h):

(b)

whether it is desirable to have national consistency in relation to a resource management issue:

(ba)

whether the national planning standard supports the implementation of national environmental standards, national policy statements, a New Zealand coastal policy statement, or regulations made under this Act:

(bb)

whether the national planning standard should allow for local circumstances and, if so, to what extent:

(bc)

whether it is appropriate for the national planning standard to apply to a specified district, region, or other parts of New Zealand rather than nationally:

(c)

any other matter that is relevant to the purpose of the national planning template standard.

(3)

Before approving the a national planning template standard, the Minister must—

(a)

prepare a draft national planning template standard; and

(b)

prepare an evaluation report in accordance with section 32 and have particular regard to that report before deciding whether to publicly notify the draft; and

(c)

publicly notify the draft; and

(d)

establish a process that—

(i)

the Minister considers gives the public, local authorities, and iwi authorities adequate time and opportunity to comment make a submission on the draft; and

(ii)

requires a report and recommendations to be made to the Minister on those comments.

(4)

If a draft national planning template includes provisions that relate to the content or preparation of a regional coastal plan, the Minister must consult the Minister of Conservation about all of the steps referred to in subsection (3).

58E Approval of national planning template standard

(1)

Before approving the a national planning template standard, the Minister must—

(a)

consider the report and recommendations made under section 58D(3)(d)(ii); and

(b)

carry out a further evaluation of the draft national planning template standard in accordance with section 32AA and have particular regard to that evaluation when deciding whether to approve the national planning template standard.

(2)

The Minister may—

(a)

approve the national planning template after making any changes or no changes to the draft national planning template (except to the extent that it relates to the preparation or content of regional coastal plans) as he or she thinks fit; or

(a)

approve a national planning standard after changing the draft in the manner that the Minister thinks fit; or

(b)

withdraw all or part of the draft template (except to the extent that it relates to the preparation or content of regional coastal plans) a draft national planning standard and give public notice of the withdrawal, including the reasons for the withdrawal.

(3)

The Minister of Conservation may amend, withdraw, or approve the draft national planning template, but only to the extent that it relates to the preparation or content of regional coastal plans.

(4)

The Minister must give notice of the approval of the a national planning template standard in the Gazette.

(5)

The national planning template is a National planning standards are disallowable instrument instruments, but not a legislative instrument instruments, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

58F Publication of national planning template standards and other documents

(1)

The Minister must ensure that—

(a)

public notice is given of the approval of the a national planning template is publicly notified in any manner the Minister thinks fit standard; and

(ab)

all national planning standards are published together in an integrated format that will assist the implementation of the national planning standards; and

(b)

a copy of the copies of all national planning template is standards are provided to every local authority.

(2)

The Minister must publish the all the national planning template standards and the report reports and any recommendations on them made to him or her the Minister under section 58D(3)(d) on an Internet site to which the public has free access, and may publish the national planning template standards and the report reports and recommendations in any other way or form he or she that the Minister considers appropriate.

58FA First set of national planning standards

(1)

The Minister must ensure that a first set of national planning standards is approved not later than 2 years after the date on which this section comes into force.

(2)

The first set of national planning standards must include the following minimum requirements (the minimum requirements):

(a)

a structure and form for policy statements and plans, including references to relevant national policy statements, national environmental standards, and regulations made under this Act; and

(b)

definitions; and

(c)

requirements for the electronic functionality and accessibility of policy statements and plans.

(3)

The Minister must ensure that, at all times after the approval of the first set of national planning standards, the minimum requirements are included in a planning standard.

58G Amending, Changing, replacing, or revoking national planning template standards

(1)

The Minister may amend change or replace the a national planning template standard, after following the process set out in sections 58D and 58E.

(2)

If an amendment to the a change to a national planning template standard has not more than a minor effect or corrects errors or makes similar technical alterations, the Minister may make the amendment change without following the process set out in sections 58D and 58E, other than to give notice of the amendment change in the Gazette and on the Internet site referred to in section 58F(2).

(3)

If the Minister wishes to revoke the a national planning template standard in whole or in part (except to the extent that it relates to the preparation or content of regional coastal plans), the Minister—

(a)

must give the public and iwi authorities notice, with adequate time and opportunity to comment on the proposed revocation; but

(b)

may make the revocation and give notice of it without following any further the process set out in sections 58D and 58E in the manner provided for notification of a change in subsection (2).

(4)

If the Minister of Conservation wishes to revoke the national planning template in whole or in part, to the extent that it relates to the preparation or content of a regional coastal plan, the Minister of Conservation

(a)

must give the public and iwi authorities notice, with adequate time and opportunity to comment on the proposed revocation; but

(b)

may make the revocation and give notice of it without following any further the process set out in sections 58D and 58E.

(5)

The revocation of the whole or part of the a national planning template standard does not have the effect of revoking any provision of a plan included at the direction of, or in reliance on, a revoked provision of the national planning template standard.

58H Local authority recognition of national planning template standards

(1)

In this section and section sections 58I and 58J, document means any of the following:

(a)

a regional policy statement; or:

(b)

a proposed regional policy statement; or:

(c)

a proposed plan; or:

(d)

a plan; or:

(e)

a variation:

(f)

a change.

(2)

A local authority must amend a document, if the national planning template directs so, to include specific provisions set out in the national planning template.

(3)

If subsection (2) applies, the local authority must

(a)

make the amendments to the document as directed and make any consequential amendments to any document that are necessary to avoid duplication or conflict with the directed amendments, without using any of the processes set out in Schedule 1; and

(b)

make all amendments within the time specified in the national planning template or (in the absence of a specified time) within 1 year after the date of the notification in the Gazette of the approval of the national planning template; and

(c)

give public notice of the amendments within 5 working days after making them.

Mandatory directions

(2)

If a national planning standard so directs, a local authority must amend each of its documents

(a)

to include specific provisions in the documents; and

(b)

to ensure that the document is consistent with any constraint or limit placed on the content of the document under section 58C(1A)(a) to (c).

(2A)

An amendment required by subsection (2) must

(a)

be made without using any of the processes set out in Schedule 1; and

(b)

be made within the time specified in the national planning standard or (in the absence of a specified time) within 1 year after the date of the notification in the Gazette of the approval of the national planning standard; and

(c)

amend the document to include the provisions as directed; and

(d)

include any consequential amendments to any document as necessary to avoid duplication or conflict with the amendments; and

(e)

be publicly notified not later than 5 working days after the amendments are made under paragraph (d).

Discretionary directions

(3)

If a national planning standard directs a local authority to choose from a number of specific provisions in a national planning standard, the local authority must

(a)

choose an appropriate provision; and

(b)

use one of the processes set out in Schedule 1 in order to apply the provision to the local circumstances, but not to decide the content of the provision set by the national planning standard; and

(c)

notify any amendment required under this section within the time specified in the national planning standard, using any of the processes provided for by Schedule 1; and

(d)

make any consequential amendments to its documents needed to avoid duplication or inconsistency, but without using a process set out in Schedule 1; and

(e)

publicly notify any amendments made under paragraph (d) not later than 5 working days after the amendments are made.

(4)

A document is amended as from the date of the relevant public notice under subsection (3)(c) (2A)(e) or (3)(c).

(4A)

For the purpose of subsection (3)(a), a national planning standard may specify how local authorities are to choose relevant provisions from the national planning standard.

Other changes that may be directed

(5)

A local authority must—

(a)

make all other amendments to any document that are required to give effect to any provision in the a national planning template standard that affects the document, using one of the processes set out in Schedule 1; and

(b)

make notify all amendments within the time specified in the national planning template or (in the absence of a specified time) within 5 years required under paragraph (a) not later than 1 year after the date of the notification in the Gazette of the approval of the national planning template, unless subsection (6) applies standard or at another time specified in the national planning standard.

(6)

However, subsection (7) applies if an amendment relates to matters that are the subject of a proposed policy statement or plan that was notified under clause 5 or 48 of Schedule 1, but had not become operative before the approval of the national planning template.

(7)

If this subsection applies, the local authority

(a)

is not required to amend the document within the time specified in subsection (5)(b); but

(b)

must make the amendments under subsection (5)(a) within the time specified in the template or (in the absence of a specified time) within 5 years after the date on which the proposed policy statement or plan becomes operative.

(8)

A local authority must also take any other action that is directed by the a national planning template standard.

(9)

This section is and section 58I are subject to the obligations placed on of local authorities, or on of any particular local authority, by or under any other Act that relates to the preparation or change of a policy statement or plan under this Act.

58I Time frames applying under first set of national planning standards

(1)

In the case of the first set of national planning standards, if a process provided by Schedule 1 is required, a local authority must make any amendments required not later than the fifth anniversary of the date on which the first set is notified in the Gazette under section 58J, unless

(a)

a different time is specified in the first set; or

(b)

subsection (3) applies.

(2)

Subsection (3) applies if

(a)

a local authority has notified a proposed policy statement or plan before the first set of national planning standards is notified in the Gazette; and

(b)

a process provided by Schedule 1 is required.

(3)

If this subsection applies, the local authority must make the amendments required

(a)

within the time specified in the national planning standard; or

(b)

if no time is specified, not later than 5 years after the date on which the proposed policy statement or plan becomes operative.

58I First national planning template to be made within 2 years and template to be kept in force at all times

(1)

The Minister must ensure that the first national planning template is approved within 2 years after the date on which Part 1 of the Resource Legislation Amendment Act 2015 receives the Royal assent.

(2)

The Minister must ensure that, at all times after the approval of the first national planning template, a national planning template is for the time being in force.

Publication of documents

58J Obligation to publish planning documents

Not later than 1 year after the date on which the approval of the first set of national planning template standards is notified in the Gazette, a local authority must make the following its documents publicly available, free of charge on a single searchable Internet site, as they relate to a particular district or region:.

(a)

plans, both operative and proposed, and changes to plans; and

(b)

policy statements, both operative and proposed.

38 New subpart 2 of Part 5 and new subpart 3 heading in Part 5 inserted

After section 58J (as inserted by section 37 of this Act the Resource Legislation Amendment Act 2015), insert:

Subpart 2Iwi participation arrangements

58K Purpose of iwi participation arrangements

The purpose of an iwi participation arrangement is to provide an opportunity for local authorities and iwi authorities to discuss, agree, and record ways in which tangata whenua may, through iwi authorities, participate in the preparation, change, or review of a policy statement or plan in accordance with the processes set out in Schedule 1.

58L Local authorities to invite iwi to enter into iwi participation arrangement

(1)

The requirement for an invitation to be extended under this section applies when a triennial general election is held under section 10 of the Local Electoral Act 2001.

(2)

Not later than 30 working days after the date of a relevant event referred to in subsection (1), a participating local authority must invite iwi authorities representing tangata whenua to enter into 1 or more iwi participation arrangements.

(3)

However, the local authority need not extend the invitation to an iwi authority if it has already agreed to an iwi participation arrangement with that iwi authority.

(4)

If an iwi authority wants to enter into an iwi participation arrangement with a local authority, it must notify its acceptance of the invitation given under subsection (2) to the local authority within 60 working days after the date on which the invitation is issued, but nothing in this section requires an iwi authority to respond to an invitation or enter into an iwi participation arrangement.

(5)

Nothing in this section prevents a local authority from preparing, changing, or reviewing a policy statement or plan in accordance with Schedule 1 while the local authority is waiting for a response from, or is negotiating an iwi participation arrangement with, 1 or more iwi authorities.

58M Content of iwi participation arrangements

An iwi participation arrangement

(a)

must be recorded in writing and identify the parties to the arrangement; and

(b)

must record the parties’ agreements about

(i)

how an iwi authority party may participate in the preparation or change of a policy statement or plan; and

(ii)

how the parties will give effect to the requirements of any provision of any iwi participation legislation, including any requirements of any agreements entered into under that legislation; and

(iii)

whether any other arrangement agreed between the local authority and any 1 or more iwi authority parties that provides a role for those iwi authority parties in the preparation or change of a policy statement or plan should be maintained or, if applicable, modified or cancelled; and

(iv)

ways in which iwi authority parties can identify resource management issues of concern to them; and

(v)

the process for monitoring and reviewing the arrangement; and

(c)

may

(i)

specify a process that the parties will use for resolving disputes about the implementation of the arrangement; and

(ii)

indicate whether an iwi authority party has delegated to any person or group of persons the role of participating in the preparation, change, or review of a policy statement or plan; and

(iii)

if there are 2 or more iwi authority parties or other parties, set out how those parties will work together collectively under the arrangement.

58N Time frame for concluding iwi participation arrangement

(1)

If an iwi authority accepts a local authority’s invitation to enter into an iwi participation arrangement, the local authority and the iwi authority must use their best endeavours to conclude an arrangement within

(a)

6 months after the date of the acceptance; or

(b)

any other period agreed by all the parties.

(2)

If a local authority and an iwi authority are not able to conclude an iwi participation arrangement within the period that applies under subsection (1), the local authority must invite the iwi authority to participate in mediation or some other form of alternative dispute resolution for the purpose of concluding an arrangement.

(3)

No dispute resolution provisions in an iwi participation arrangement may require the local authority to suspend

(a)

the preparation, change, or review of a policy statement or plan; or

(b)

any other part of a process provided for in Schedule 1.

58O Parties may seek assistance from Minister

(1)

This section applies if a local authority and an iwi authority that accepted an invitation to enter into an iwi participation arrangement

(a)

have endeavoured, but have been unable, to conclude an arrangement within the time specified in section 58N(1); and

(b)

in their endeavours to conclude an arrangement, have used mediation or some other form of alternative dispute resolution.

(2)

The local authority or iwi authority may apply to the Minister for assistance to conclude an iwi participation arrangement.

(3)

If the local authority and the iwi authority agree, the Minister may

(a)

appoint a person to assist the local authority and the iwi authority to conclude an iwi participation arrangement; or

(b)

direct them to use a particular alternative dispute resolution process for that purpose.

58P Relationship with iwi participation legislation

An iwi participation arrangement does not limit any relevant provision of any iwi participation legislation or any agreement under that legislation.

Subpart 2Mana Whakahono a Rohe: Iwi participation arrangements

58K Definitions

In this subpart and Schedule 1,

area of interest means the area that the iwi and hapū represented by an iwi authority identify as their traditional rohe

initiating iwi authority has the meaning given in section 58N(1)

iwi participation legislation means legislation (other than this Act), including any legislation listed in Schedule 3 of the Treaty of Waitangi Act 1975, that provides a role for iwi or hapū in processes under this Act

Mana Whakahono a Rohe means an iwi participation arrangement entered into under this subpart

participating authorities has the meaning given in section 58N(5)

participating iwi authorities means the iwi authorities that

(a)

have agreed to participate in a Mana Whakahono a Rohe; and

(b)

have agreed the order in which negotiations are to be conducted

relevant iwi authority means an iwi authority whose area of interest overlaps with, or is adjacent to, the area of interest of an initiating iwi authority

relevant local authority means a district or regional council whose area of interest overlaps with, or is adjacent to, the area of interest represented by the initiating iwi authority.

Purpose and guiding principles

58L Purpose of Mana Whakahono a Rohe

The purpose of a Mana Whakahono a Rohe is

(a)

to provide a mechanism for iwi authorities and local authorities to discuss, agree, and record ways in which tangata whenua may, through their iwi authorities, participate in resource management and decision-making processes under this Act; and

(b)

to assist local authorities to comply with their statutory duties under this Act, including through the implementation of sections 6(e), 7(a), and 8.

58M Guiding principles

In initiating, developing, and implementing a Mana Whakahono a Rohe, the participating authorities must use their best endeavours

(a)

to achieve the purpose of the Mana Whakahono a Rohe in an enduring manner:

(b)

to enhance the opportunities for collaboration amongst the participating authorities, including by promoting

(i)

the use of integrated processes:

(ii)

co-ordination of the resources required to undertake the obligations and responsibilities of the parties to the Mana Whakahono a Rohe:

(c)

in determining whether to proceed to negotiate a joint or multi-party Mana Whakahono a Rohe, to achieve the most effective and efficient means of meeting the statutory obligations of the participating authorities:

(d)

to work together in good faith and in a spirit of co-operation:

(e)

to communicate with each other in an open, transparent, and honest manner:

(f)

to recognise and acknowledge the benefit of working together by sharing their respective vision and expertise:

(g)

to commit to meeting statutory time frames and minimise delays and costs associated with the statutory processes:

(h)

to recognise that a Mana Whakahono a Rohe under this subpart does not limit the requirements of any relevant iwi participation legislation or the agreements associated with that legislation.

Initiating Mana Whakahono a Rohe

58N Initiation of Mana Whakahono a Rohe
Invitation from 1 or more iwi authorities

(1)

At any time other than in the period that is 90 days before the date of a triennial election under the Local Electoral Act 2001, 1 or more iwi authorities representing tangata whenua (the initiating iwi authorities) may invite 1 or more relevant local authorities in writing to enter into a Mana Whakahono a Rohe with the 1 or more iwi authorities.

Obligations of local authorities that receive invitation

(2)

As soon as is reasonably practicable after receiving an invitation under subsection (1), the local authorities

(a)

may advise any relevant iwi authorities and relevant local authorities that the invitation has been received; and

(b)

must convene a hui or meeting of the initiating iwi authority and any iwi authority or local authority identified under paragraph (a) (the parties) that wishes to participate to discuss how they will work together to develop a Mana Whakahono a Rohe under this subpart.

(3)

The hui or meeting required by subsection (2)(b) must be held not later than 60 working days after the invitation sent under subsection (1) is received, unless the parties agree otherwise.

(4)

The purpose of the hui or meeting is to provide an opportunity for the iwi authorities and local authorities concerned to discuss and agree on

(a)

the process for negotiation of 1 or more Mana Whakahono a Rohe; and

(b)

which parties are to be involved in the negotiations; and

(c)

the times by which specified stages of the negotiations must be concluded.

(5)

The iwi authorities and local authorities that are able to agree at the hui or meeting how they will develop a Mana Whakahono a Rohe (the participating authorities) must proceed to negotiate the terms of the Mana Whakahono a Rohe in accordance with that agreement and this subpart.

(6)

If 1 or more local authorities in an area are negotiating a Mana Whakahono a Rohe and a further invitation is received under subsection (1), the participating iwi authorities and relevant local authorities may agree on the order in which they negotiate the Mana Whakahono a Rohe.

Other matters relevant to Mana Whakahono a Rohe

(7)

If an iwi authority and a local authority have at any time entered into a relationship agreement, to the extent that the agreement relates to resource management matters, the parties to that agreement may, by written agreement, treat that agreement as if it were a Mana Whakahono a Rohe entered into under this subpart.

(8)

The participating authorities must take account of the extent to which resource management matters are included in any iwi participation legislation and seek to minimise duplication between the functions of the participating authorities under that legislation and those arising under the Mana Whakahono a Rohe.

(9)

Nothing in this subpart prevents a local authority from commencing, continuing, or completing any process under the Act while waiting for a response from, or negotiating a Mana Whakahono a Rohe with, 1 or more iwi authorities.

58O Other opportunities to initiate Mana Whakahono a Rohe
Later initiation by iwi authority

(1)

An iwi authority that, at the time of receiving an invitation to a meeting or hui under section 58N(2)(b), does not wish to participate in negotiating a Mana Whakahono a Rohe, or withdraws from negotiations before a Mana Whakahono a Rohe is agreed, may participate in, or initiate, a Mana Whakahono a Rohe at any later time (other than within the period that is 90 days before a triennial election under the Local Electoral Act 2001).

(2)

If a Mana Whakahono a Rohe exists and another iwi authority in the same area as the initiating iwi wishes to initiate a Mana Whakahono a Rohe under section 58N(1), that iwi authority must first consider joining the existing Mana Whakahono a Rohe.

(3)

The provisions of this subpart apply to any initiation under subsection (1).

Initiation by local authority

(4)

A local authority may initiate a Mana Whakahono a Rohe with an iwi authority or with hapū.

(5)

The local authority and iwi authority or hapū concerned must agree on

(a)

the process to be adopted; and

(b)

the time period within which the negotiations are to be concluded; and

(c)

how the Mana Whakahono a Rohe is to be implemented after negotiations are concluded.

(6)

If 1 or more hapū are invited to enter a Mana Whakahono a Rohe under subsection (4), the provisions of this subpart apply as if the references to an iwi authority were references to 1 or more hapū, to the extent that the provisions relate to the contents of a Mana Whakahono a Rohe (see sections 58L, 58M, 58Q, 58S, and 58T).

58P Time frame for concluding Mana Whakahono a Rohe

If an invitation is initiated under section 58N(1), the participating authorities must conclude a Mana Whakahono a Rohe within

(a)

18 months after the date on which the invitation is received; or

(b)

any other period agreed by all the participating authorities.

Contents

58Q Contents of Mana Whakahono a Rohe

(1)

A Mana Whakahono a Rohe must

(a)

be recorded in writing; and

(b)

identify the participating authorities; and

(c)

record the agreement of the participating authorities about

(i)

how an iwi authority may participate in the preparation or change of a policy statement or plan, including the use of any of the pre-notification, collaborative, or streamlined planning processes under Schedule 1; and

(ii)

how the participating authorities will undertake consultation requirements, including the requirements of section 34A(1A) and clause 4A of Schedule 1; and

(iii)

how the participating authorities will work together to develop and agree on methods for monitoring under the Act; and

(iv)

how the participating authorities will give effect to the requirements of any relevant iwi participation legislation, or of any agreements associated with, or entered into under, that legislation; and

(v)

a process for identifying and managing conflicts of interest; and

(vi)

the process that the parties will use for resolving disputes about the implementation of the Mana Whakahono a Rohe, including the matters described in subsection (2).

(2)

The dispute resolution process recorded under subsection (1)(c)(vi) must

(a)

set out the extent to which the outcome of a dispute resolution process may constitute an agreement

(i)

to alter or terminate a Mana Whakahono a Rohe (see subsection (5)):

(ii)

to conclude a Mana Whakahono a Rohe at a time other than that specified in section 58P:

(iii)

to complete a Mana Whakahono a Rohe at a later date (see section 58S(2)):

(iv)

jointly to review the effectiveness of a Mana Whakahono a Rohe at a later date (see section 58S(3)):

(v)

to undertake any additional reporting (see section 58S(5)); and

(b)

require each of the participating authorities to bear its own costs for any dispute resolution process undertaken.

(3)

The dispute resolution process must not require a local authority to suspend commencing, continuing, or completing any process under the Act while the dispute resolution process is in contemplation or is in progress.

(4)

A Mana Whakahono a Rohe may also specify

(a)

how a local authority is to consult or notify an iwi authority on resource consent matters, where the Act provides for consultation or notification:

(b)

the circumstances in which an iwi authority may be given limited notification as an affected party:

(c)

any arrangement relating to other functions, duties, or powers under this Act:

(d)

if there are 2 or more iwi authorities participating in a Mana Whakahono a Rohe, how those iwi authorities will work collectively together to participate with local authorities:

(e)

whether a participating iwi authority has delegated to a person or group of persons (including hapū) a role to participate in particular processes under this Act.

(5)

Unless the participating authorities agree,

(a)

the contents of a Mana Whakahono a Rohe must not be altered; and

(b)

a Mana Whakahono a Rohe must not be terminated.

(6)

If 2 or more iwi authorities collectively have entered into a Mana Whakahono a Rohe with a local authority, any 1 of the iwi authorities, if seeking to amend the contents of the Mana Whakahono a Rohe, must negotiate with the local authority for that purpose rather than seek to enter into a new Mana Whakahono a Rohe.

58R Resolution of disputes that arise in course of negotiating Mana Whakahono a Rohe

(1)

This section applies if a dispute arises among participating authorities in the course of negotiating a Mana Whakahono a Rohe.

(2)

The participating authorities

(a)

may by agreement undertake a binding process of dispute resolution; but

(b)

if they do not reach agreement on a binding process, must undertake a non-binding process of dispute resolution.

(3)

Whether the participating authorities choose a binding process or a non-binding process, each authority must

(a)

jointly appoint an arbitrator or a mediator; and

(b)

meet its own costs of the process.

(4)

If the dispute remains unresolved after a non-binding process has been undertaken, the participating authorities may individually or jointly seek the assistance of the Minister.

(5)

The Minister, with a view to assisting the participating authorities to resolve the dispute and conclude a Mana Whakahono a Rohe, may

(a)

appoint, and meet the costs of, a Crown facilitator:

(b)

direct the participating authorities to use a particular alternative dispute resolution process for that purpose.

58S Review and monitoring

(1)

A local authority that enters into a Mana Whakahono a Rohe under this subpart must review its policies and processes to ensure that they are consistent with the Mana Whakahono a Rohe.

(2)

The review required by subsection (1) must be completed not later than 6 months after the date of the Mana Whakahono a Rohe, unless a later date is agreed by the participating authorities.

(3)

Every sixth anniversary after the date of a Mana Whakahono a Rohe, or at any other time by agreement, the participating authorities must jointly review the effectiveness of the Mana Whakahono a Rohe, having regard to the purpose of a Mana Whakahono a Rohe stated in section 58L and the guiding principles set out in section 58M.

(4)

The obligations under this section are in addition to the obligations of a local authority under

(a)

section 27 (the provision of information to the Minister):

(b)

section 35 (monitoring and record keeping).

(5)

Any additional reporting may be undertaken by agreement of the participating authorities.

58T Relationship with iwi participation legislation

A Mana Whakahono a Rohe does not limit any relevant provision of any iwi participation legislation or any agreement under that legislation.

Subpart 3—Local authority policy statements and plans

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

(1)

After section 61(1)(d), insert:

(da)

a national policy statement, a New Zealand coastal policy statement, and the a national planning template standard; and

(2)

In section 61(2), replace “62(2)” with “62(3)”.

40 Section 62 amended (Contents of regional policy statements)

(1)

Repeal section 62(1)(i)(ii).

(2)

In section 62(3), replace “or New Zealand coastal policy statement” with “, a New Zealand coastal policy statement, or the a national planning template standard.

41 Section 65 amended (Preparation and change of other regional plans)

(1)

Replace section 65(3)(c) with:

(c)

any risks from natural hazards:

(2)

In section 65(4), after “set out in”, insert “Part 2 of”.

(3)

In section 65(5), replace “by the regional council in the manner set out in Schedule 1” with “in the manner set out in the relevant Part of Schedule 1”.

(4)

In section 65(7), replace “local authority” with “regional council”.

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

After section 66(1)(e), insert:

(ea)

a national policy statement, a New Zealand coastal policy statement, and the a national planning template standard; and

43 Section 67 amended (Contents of regional plans)

After section 67(3)(b), insert:

(ba)

the a national planning template standard; and

44 Section 69 amended (Rules relating to water quality)

After section 69(3), insert:

(4)

On and from the commencement of this subsection, Schedule 3 ceases to be applicable to fresh water.

45 Section 73 amended (Preparation and change of district plans)

(1)

Replace section 73(1) with:

(1)

There must at all times be 1 district plan for each district, prepared in the manner set out in the relevant Part of Schedule 1.

(2)

Replace section 73(1A) with:

(1A)

A district plan may be changed in the manner set out in the relevant Part of Schedule 1.

(3)

In section 73(2), after “set out in”, insert “Part 2 or 5 of”.

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

After section 74(1)(e), insert:

(ea)

a national policy statement, a New Zealand coastal policy statement, and the a national planning template standard; and

47 Section 75 amended (Contents of district plans)

After section 75(3)(b), insert:

(ba)

the a national planning template standard; and

48 Cross-heading above section 78 repealed

Repeal the cross-heading above section 78.

49 New cross-heading above section 79 inserted

Before section 79, insert:

Review

50 New cross-heading above section 80 inserted

Before section 80, insert:

Combined documents

51 Section 80 amended (Combined regional and district documents)

(1)

After section 80(6), insert:

(6A)

In preparing or amending a combined document, the relevant local authorities must apply the requirements of this Part, as relevant for the documents comprising the combined document.

(6B)

The relevant local authorities may also, in preparing the provisions of a regional plan or a district plan, as the case may be, for a combined document that includes a regional policy statement,—

(a)

give effect to a proposed regional policy statement; and

(b)

have regard to an operative regional policy statement.

(2)

In section 80(7), replace “(6)” with (6B).

52 New subparts 4 and 5 of Part 5 and new subpart 6 heading in Part 5 inserted

After section 80, insert:

Subpart 4—Collaborative planning process

80A Use of collaborative planning process

(1)

This subpart, subpart 7, and Part 4 of Schedule 1 apply if a local authority gives public notice in accordance with clause 38 of Schedule 1 of its intention to use the collaborative planning process—

(a)

to prepare or change a proposed policy statement or plan, or change a policy statement or plan:

(b)

to prepare or change a combined regional and district document under section 80.

(2)

If this subpart applies,—

(a)

clauses 1, 1A(1), 1B, 20, and 20A of Schedule 1 apply; but

(b)

the rest of Part 1 of Schedule 1 does not apply, except to the extent that it is expressly applied by this subpart or Part 4 of Schedule 1.

Subpart 5—Streamlined planning process

80B Purpose, scope, application of Schedule 1, and definitions

(1)

This subpart and Part 5 of Schedule 1 provide a process, through a direction of the responsible Minister, for the preparation or variation of, or change to, of a planning instrument in order to achieve an expeditious planning process that is proportionate to the complexity and significance of the planning issues being considered.

(2)

If this subpart applies,

(a)

Part 11 does not apply; and

(b)

clauses 1A to 3C and 20A of Schedule 1 apply; but

(c)

the rest of Part 1 of Schedule 1 does not apply unless it is expressly applied by

(i)

this subpart; or

(ii)

Part 5 of Schedule 1; or

(iii)

a direction given under clause 77 of Schedule 1.

(2)

Under this subpart, Schedule 1 applies as follows:

(a)

clauses 1A to 3C, 6, 6A, 16, and 20A apply; and

(b)

clauses 4, 9, 13, 21 to 27 (other than clauses 25(2)(a)(i) and (ii) and 26(b)), and 28(2) to (6) apply; but

(c)

the rest of Part 1 does not apply unless it is expressly applied by

(i)

this subpart; or

(ii)

Part 5 of Schedule 1; or

(iii)

a direction given under clause 77 of Schedule 1.

(3)

In this subpart and Part 5 of Schedule 1,—

national direction means a direction made by—

(a)

a national planning template; or

(b)

a national environmental standard; or

(c)

regulations made under section 360; or

(d)

a national policy statement

planning instrument

(a)

means a policy statement or plan; and

(b)

includes a change or variation to a policy statement or plan

responsible Minister means the Minister or Ministers who give a direction in accordance with this subpart and Part 5 of Schedule 1., namely,

(a)

the Minister of Conservation, in the case of a regional coastal plan:

(b)

both the Minister and the Minister of Conservation, in the case of a proposed planning instrument that is to encompass matters within the jurisdiction of both those Ministers:

(c)

the Minister, in every other case.

80C Application to responsible Minister for direction

(1)

If a local authority determines that, in the circumstances, it would be appropriate to use the streamlined planning process to prepare a planning instrument, it may apply in writing to the responsible Minister in accordance with clause 74 of Schedule 1 for a direction to proceed under this subpart to.

(a)

the Minister of Conservation, in the case of a regional coastal plan:

(b)

both the Minister and the Minister of Conservation, in the case of a proposed planning instrument that is to encompass matters within the jurisdiction of both those Ministers:

(c)

the Minister, in every other case.

(2)

However, a local authority may apply for a direction only if the local authority is satisfied that the application satisfies at least 1 of the following criteria:

(a)

the proposed planning instrument will implement a national direction:

(b)

as a matter of public policy, the preparation or change of a planning instrument is urgent:

(c)

the proposed planning instrument is required to meet a significant community need:

(d)

a plan or policy statement an operative planning instrument raises an issue that has resulted in unintended consequences:

(e)

the proposed planning instrument will combine several policy statements or plans to develop a combined document prepared under section 80:

(f)

the expeditious preparation of a planning instrument is required in any circumstance comparable to, or relevant to, those set out in paragraphs (a) to (e).

(2A)

In relation to a private plan change accepted under clause 25(2)(b) of Schedule 1, a local authority must obtain the agreement of the person requesting the change before the local authority applies for a direction under this section.

(3)

An application under this clause must be submitted to the responsible Minister before the local authority gives notice,

(a)

under clause 5 or 5A of Schedule 1, of a proposal to prepare a planning instrument; or

(b)

under clause 38 of Schedule 1, of its intention to use the collaborative planning process.

(3)

If an application is made under this section, it must be submitted to the responsible Minister before the local authority gives notice

(a)

under clause 5 or 5A of Schedule 1, in relation to a proposed planning instrument; or

(b)

under clause 38 of Schedule 1, if it intends to use the collaborative planning process; or

(c)

under clauses 25(2)(a)(i) and 26(b) of Schedule 1, in relation to a request for a private plan change.

Subpart 6—Miscellaneous matters

53 Section 82 amended (Disputes)

(1)

In section 82(1)(c), after “New Zealand coastal policy statement”, insert “or the a national planning template standard.

(2)

In section 82(2), after “New Zealand coastal policy statement,”, insert the a national planning template standard,”.

(3)

In section 82(4), after “New Zealand coastal policy statement”, insert “or the a national planning template standard.

(4)

In section 82(4), after “the other policy statement”, insert “or the a national planning template standard.

(5)

In section 82(4), after “section 55”, insert “or 58H.

(6)

In section 82(5), after “the other policy statement”, insert “or the a national planning template standard.

(7)

In section 82(5), after “purpose of the policy statement,”, insert “national planning template standard,”.

(8)

In section 82(6), after “section 55(2)”, insert “, and giving effect to the national planning template standard includes giving effect to it by complying with section 58H(2).

54 Section 85 amended (Compensation not payable in respect of controls on land)

(1)

Replace the heading to section 85 with Environment Court may give directions in respect of land subject to controls.

(2)

In section 85(2)(a), delete “Part 1 of”.

(3)

Replace section 85(3) and (4) with:

(3)

Subsection (3A) applies in the following cases:

(a)

on an application to the Environment Court to change a plan under clause 21 of Schedule 1:

(b)

on an appeal to the Environment Court in relation to a provision of a proposed plan or change to a plan.

(3A)

The Environment Court, if it is satisfied that the grounds set out in subsection (3B) are met, may,—

(a)

in the case of a plan or proposed plan (other than a regional coastal plan or proposed regional coastal plan), direct the local authority to do whichever of the following the local authority considers appropriate:

(i)

modify, delete, or replace the provision in the plan or proposed plan in the manner directed by the court:

(ii)

if the requirements of subsection (3D) are met, by agreement with the person with an estate or interest in the land or part of it, acquire all or part of the estate or interest in the land under the Public Works Act 1981; and

(ii)

acquire all or part of the estate or interest in the land under the Public Works Act 1981, as long as

(A)

the person with an estate or interest in the land or part of it agrees; and

(B)

the requirements of subsection (3D) are met; and

(b)

in the case of a regional coastal plan or proposed regional coastal plan,—

(i)

report its findings to the applicant, the regional council concerned, and the Minister of Conservation; and

(ii)

include a direction to the regional council to modify, delete, or replace the provision in the manner directed by the court.

(3B)

The grounds are that the provision or proposed provision of a plan or proposed plan—

(a)

renders makes any land incapable of reasonable use; and

(b)

places an unfair and unreasonable burden on any person who has an interest in the land.

(3C)

Before exercising its jurisdiction under subsection (3A), the Environment Court must have regard to—

(a)

Part 3 (including the effect of section 9(3); and

(b)

the effect of subsection (1) of this section.

(3D)

The Environment Court must not give a direction under subsection (3A)(a)(ii) unless the owner of the estate or interest in the land or part of the land concerned (or the spouse, civil union partner, or de facto partner of the owner)

(a)

had acquired the estate or interest in the land or part of it before the date on which the provision or proposed provision was first publicly notified or otherwise included in the relevant plan or proposed plan and the provision or proposed provision remained in substantially the same form; and

(b)

consents to the direction being given.

(3D)

The Environment Court must not give a direction under subsection (3A)(a)(ii) unless

(a)

the person with the estate or interest in the land or part of the land concerned (or the spouse, civil union partner, or de facto partner of that person)

(i)

had acquired the estate or interest in the land or part of it before the date on which the provision or proposed provision was first notified or otherwise included in the relevant plan or proposed plan; and

(ii)

the provision or proposed provision remained in substantially the same form; and

(b)

the person with the estate or interest in the land or part of the land consents to the giving of the direction.

(4)

Any direction given or report made under subsection (3A) has effect under this Act as if it were made or given under clause 15 of Schedule 1.

(4)

Replace section 85(5) to (7) with:

(5)

Nothing in subsections (3) to (3D) limits the powers of the Environment Court under clause 15 of Schedule 1 on an appeal under clause 14 of that schedule.

(6)

In this section,—

provision of a plan or proposed plan does not include a designation or a heritage order or a requirement for a designation or a heritage order

reasonable use, in relation to land, includes the use or potential use of the land for any activity whose actual or potential effects on any aspect of the environment or on any person (other than the applicant) would not be significant.

55 Section 86 amended (Power to acquire land)

In section 86(2), replace “section 185 and section 198” with sections 85(3A)(a)(ii), 185, and 198”.

56 Cross-heading above section 86A replaced

Replace the cross-heading above section 86A with:

Subpart 7—Legal effect of rules

57 Section 86A amended (Purpose of sections 86B to 86G)

In section 86A(1), delete “or change described in section 86B(6)”.

58 Section 86B amended (When rules in proposed plans and changes have legal effect)

(1)

In the heading to section 86B, delete and changes.

(2)

In section 86B(2)(a), delete publicly.

(3)

In section 86B(2)(b), delete public.

59 Section 86D amended (Environment Court may order rule to have legal effect from date other than standard date)

(1)

In section 86D(1)(a), delete “or change”.

(2)

In section 86D(1)(b), delete “or (6)”.

60 Section 86E amended (Local authorities must identify rules having early or delayed legal effect)

(1AA)

In section 86E(1)(a), after clause 5, insert , or given limited notification under clause 5A.

(1)

Repeal section 86E(2).

(2)

In section 86E(3), delete “or change” in each place.

(3)

In section 86E(3), delete “or (2)”.

60A Section 86F amended (When rules in proposed plans must be treated as operative)

In section 86F, insert as subsection (2):

(2)

However, until the decisions have been given under clause 10(4) of Schedule 1 on all submissions, subsection (1) does not apply to the rules in a proposed plan that was given limited notification.

61 Section 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)

(1)

In section 86G(1), delete “or a change”.

(2)

In section 86G(1), delete “or change”.

Amendments to Part 6 of principal Act

62 Section 104 amended (Consideration of applications)

(1)

After section 104(1)(a), insert:

(ab)

any measure proposed by the applicant for the purpose of ensuring positive effects on the environment to offset any adverse effects on the environment that will or may result from allowing the activity; and

(2)

After section 104(1), insert:

(1A)

The consent authority must also have particular regard to the objectives and policies in the national planning template that

(a)

are required to be included in regional policy statements or plans in accordance with section 58C(1)(c) or (d), as the case may be; and

(b)

are specified as an objective or a policy that is intended to deal with matters that the Minister considers are nationally significant.

63 Section 108 amended (Conditions of resource consents)

In section 108(1), replace subject to any regulations with subject to section 108AA and any regulations.

64 New section 108AA inserted (Requirements for conditions of resource consents)

After section 108, insert:

108AA Requirements for conditions of resource consents

(1)

A consent authority must not include a condition in a resource consent for an activity unless

(a)

the applicant for the resource consent agrees to the condition; or

(b)

the condition is directly connected to 1 or both of the following:

(i)

an adverse effect of the activity on the environment:

(ii)

an applicable district rule or regional rule.

(2)

For the purpose of this section, a district rule or a regional rule is applicable if the application of that rule to the activity is the reason, or one of the reasons, that a resource consent is required for the activity.

64A Section 123A amended (Duration of consent for aquaculture activities)

(1)

In section 123A(2)(b), after managed, insert ; or.

(2)

After section 123A(2)(b), insert:

(c)

a national environmental standard expressly allows a shorter period.

64B Section 128 amended (Circumstances when consent conditions can be reviewed)

Replace section 128(1)(ba) with:

(ba)

in the case of a coastal, water, or discharge permit, or a land use consent granted by a regional council, when relevant national environmental standards or national planning standards have been made; or

(bb)

in the case of a land use consent, in relation to a relevant regional rule; or

65 Section 139 amended (Consent authorities and Environmental Protection Authority to issue certificates of compliance)

(1)

In section 139(13)(c), after “making the request”, insert “; and”.

(2)

After section 139(13)(c), insert:

(d)

if the EPA requires a person to pay costs recoverable under paragraph (c), the costs are a debt due to the Crown that is recoverable in any court of competent jurisdiction.

Amendments to Part 6AA of principal Act

65A Section 141 amended (Interpretation)

(1)

In section 141, definition of matter, paragraph (c), after local authority), insert or part of such a request.

(2)

In section 141, definition of matter, paragraph (d), after local authority), insert or part of such a request.

(3)

In section 141, definition of matter, paragraph (e), after plan, insert or part of a change to a plan.

(4)

In section 141, definition of matter, paragraph (f), after plan, insert or part of a variation to a proposed plan.

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

(1)

After section 142(3)(a)(iii), insert:

(iiia)

if it is a matter specified in any of paragraphs (c) to (f) of the definition of matter in section 141, gives effect to a national policy statement or the national planning template; or

(iiia)

gives effect to a national policy statement and is one that is specified in any of paragraphs (c) to (f) of the definition of matter in section 141; or

(2)

After section 142(8), insert:

(9)

In subsections (2) to (6A), references to a matter include references to a

(a)

part of a change to a plan:

(b)

part of a variation to a proposed plan:

(c)

part of a request for the preparation of a regional plan:

(d)

part of a request for a change to a plan.

67 Section 144 amended (Restriction on when Minister may call in matter)

Replace section 144(a) with:

(a)

later than 5 working days before the date fixed for the commencement of the hearing, if the local authority has notified the matter; or

68 Section 149C amended (EPA must give public notice of Minister’s direction)

After section 149C(3)(e), insert:

(ea)

specify an electronic address for sending submissions; and

69 Section 149E amended (EPA to receive submissions on matter if public notice of direction has been given)

(1)

After section 149E(3), insert:

(3A)

A person who makes an electronic submission is to be treated as

(a)

having specified the electronic address from which the submission is received as an address for service; and

(b)

having consented to receive electronically further correspondence relating to the matter to which the submission relates.

(3B)

Subsection (3A) does not apply, however, if the submission includes a request that further information relating to the matter to which the submission relates be provided in hard copy form and not electronically.

(3A)

If a person who makes an electronic submission on a matter to which the submission relates has specified an electronic address as an address for service, and has not requested a method of service specified in section 352(1)(b) (as applied by subsection (3B)), any further correspondence relating to the matter must be served by sending it to that electronic address.

(3B)

If subsection (3A) does not apply, the further correspondence may be served by any of the methods specified in section 352(1)(b).

(2)

In section 149E(9), replace “20 working days” with “30 working days”.

70 Section 149F amended (EPA to receive further submissions if matter is request, change, or variation)

(1)

After section 149F(2)(d), insert:

(da)

an electronic address for sending further submissions; and

(2)

After section 149F(5), insert:

(5A)

A person who makes a further electronic submission is to be treated as

(a)

having specified the electronic address from which the further submission is received as an address for service; and

(b)

having consented to receive electronically further correspondence relating to the matter to which the further submission relates.

(5B)

Subsection (5A) does not apply, however, if the further submission includes a request that further correspondence relating to the matter to which the further submission relates be provided in hard copy form and not electronically.

(5A)

If a person who makes a further electronic submission on a matter to which the further submission relates has specified an electronic address as an address for service, and has not requested a method of service specified in section 352(1)(b) (as applied by subsection (5B)), any further correspondence relating to the matter must be served by sending it to that electronic address.

(5B)

If subsection (5A) does not apply, the further correspondence may be served by any of the methods specified in section 352(1)(b).

71 Section 149G amended (EPA must provide board or court with necessary information)

In section 149G(3)(a), after “New Zealand coastal policy statement,”, insert the a national planning template standard,”.

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

(1)

In section 149J(3)(b), replace “must be” with “may (but need not) be”.

(2)

After section 149J(3), insert:

(3A)

The Minister may, if he or she considers it appropriate,—

(a)

invite the EPA to nominate persons to be members of the board:

(b)

appoint a member of the EPA board to be a member of the board of inquiry.

(3B)

The Minister may, as he or she sees fit, set terms of reference for the board of about administrative matters relating to the inquiry.

73 Section 149K amended (How members appointed)

Replace section 149K(4) with:

(4)

In appointing members, the Minister must consider the need for the board to have available to it, from its members,—

(a)

knowledge, skill, and experience relating to—

(i)

this Act; and

(ii)

the matter or type of matter that the board will be considering; and

(iia)

tikanga Māori; and

(iii)

the local community; and

(iv)

the exercise of control over the manner of examining and cross-examining witnesses; and

(b)

legal expertise; and

(c)

technical expertise in relation to the matter or type of matter that the board will be considering.

74 New section 149KA inserted (EPA may make administrative decisions)

After section 149K, insert:

149KA EPA may make administrative decisions

(1)

The EPA may—

(a)

make decisions regarding administrative and support matters that are incidental or ancillary to the conduct of an inquiry under this Part; or

(b)

allow the board of inquiry to make those decisions.

(2)

The EPA must have regard to the purposes of minimising costs and avoiding unnecessary delay when exercising its powers or performing its functions under subsection (1)(a) or (b).

75 Section 149L amended (Conduct of inquiry)

Replace section 149L(2) to (4) with:

(2)

If a hearing is to be held, the EPA must—

(a)

fix a place for the hearing, which must be near to the area to which the matter relates; and

(b)

fix the commencement date and time for the hearing; and

(c)

give not less than 10 working days’ notice of the matters stated in paragraphs (a) and (b) to—

(i)

the applicant; and

(ii)

every person who made a submission on the matter stating that he or she wished to be heard and who has not subsequently advised the board that he or she no longer wishes to be heard.

(3)

The EPA may provide a board of inquiry with an estimate of the amount of funding required to process a nationally significant proposal.

(4)

A board of inquiry—

(a)

must conduct its inquiry in accordance with any terms of reference set by the Minister under section 149J(3B):

(b)

must carry out its duties in a timely and cost-effective manner:

(c)

may direct that briefs of evidence be provided in electronic form:

(d)

must keep a full record of all hearings and proceedings:

(e)

may allow a party to question any other party or witness:

(f)

may permit cross-examination:

(g)

may, without limiting sections 39, 40 to 41C 41D, 99, and 99A,—

(i)

direct that a conference of a group of experts be held:

(ii)

direct that a conference be held with—

(A)

any of the submitters who wish to be heard at the hearing; or

(B)

the applicant; or

(C)

any relevant local authority; or

(D)

any combination of such persons:

(h)

must, in relation to a nationally significant proposal, have regard to the most recent estimate provided to the board of inquiry by the EPA under subsection (3).

(5)

A board of inquiry may obtain planning advice from the EPA in relation to—

(a)

the relevant district and regional plans, regional and national policy statements, the a national planning template standard, national environmental standards, and other similar documents:

(b)

the issues raised by the matter being considered by the board.

76 Section 149O amended (Public notice and submissions where EPA receives proposed plan or change from local authority under section 149N)

(1)

Replace section 149O(2) with:

(2)

On receiving a copy of the proposed plan or change, the EPA must give public notice of the proposed plan or change that—

(a)

states the Minister’s reasons for making a direction in relation to the matter; and

(b)

states where the proposed plan or change, accompanying information, and any further information may be viewed; and

(c)

specifies any rule in the proposed plan or change that has legal effect on and from the date that public notice of the proposed plan or change is given under this section; and

(d)

states that any person may make submissions to the EPA on the proposed plan or change; and

(e)

specifies the closing date for receiving submissions; and

(f)

specifies an electronic address for sending submissions; and

(g)

specifies the address for service of the EPA and the applicant.

(2)

In section 149O(4), replace “20 working days” with “30 working days”.

(3)

After section 149O(4), insert:

(4A)

A person who makes an electronic submission under subsection (3) is to be treated as

(a)

having specified the electronic address from which the submission is received as an address for service; and

(b)

having consented to receive electronically further correspondence relating to the matter to which the submission relates.

(4B)

Subsection (4A) does not apply, however, if the submission includes a request that further correspondence relating to the matter to which the submission relates be provided in hard copy form and not electronically.

(4A)

If a person who makes an electronic submission under subsection (3) on a matter to which the submission relates has specified an electronic address as an address for service, and has not requested a method of service specified in section 352(1)(b) (as applied by subsection (4B)), any further correspondence relating to the matter must be served by sending it to that electronic address.

(4B)

If subsection (4A) does not apply, the further correspondence may be served by any of the methods specified in section 352(1)(b).

77 Section 149Q repealed (Board to produce draft report)

Repeal section 149Q.

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

(1AA)

In the heading to section 149R, delete final.

(1)

Replace section 149R(1) with:

(1)

As soon as practicable after the board of inquiry has completed its inquiry on a matter, it must—

(a)

make its decision; and

(b)

produce a written report.

(2)

In section 149R(2), replace “do everything under subsection (1)” with “perform the duties in subsection (1).

(3)

Replace section 149R(2A) and (2B) with:

(2A)

For the purposes of subsection (2), the 9-month period excludes—

(a)

the period starting on 20 December in any year and ending with 10 January in the following year:

(b)

any time while an inquiry is suspended under section 149ZG(3) (as calculated from the date of notification of suspension under section 149ZG(5) to the date of notification of resumption under section 149ZG(5)).

(4)

In section 149R(3)(e), after “New Zealand coastal policy statement”, insert “or to the a national planning template standard.

(5)

In section 149R(3)(f), after “New Zealand coastal policy statement,”, insert the a national planning template standard,”.

(6)

In section 149R(4), replace “must send” with “must provide”.

(7)

After section 149R(7), insert:

(8)

For the purposes of subsection (4)(d), the EPA is to be taken to have provided a copy of the final report to a submitter if—

(a)

the EPA has published the final report on an Internet site maintained by the EPA to which the public has free access; and

(b)

the submitter has specified an electronic address as an address for service (and has not requested that the final report be provided in hard copy form); and

(c)

the EPA has sent the submitter at that electronic address a link to the final report published on the Internet site referred to in paragraph (a).

79 Section 149RA amended (Minor corrections of board decisions, etc)

In section 149RA(1), replace “minor mistakes or defects” with “minor omissions, errors, or other defects”.

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

After section 149S(3), insert:

(3A)

For the purposes of subsection (2)(b), the period of 18 months excludes any time while an inquiry is suspended under section 149ZG(3) (as calculated from the date of notification of suspension under section 149ZG(5) to the date of notification of resumption under section 149ZG(5)).

81 New sections 149ZF and 149ZG inserted

After section 149ZE, insert:

149ZF Liability to pay costs constitutes debt due to EPA or the Crown

(1)

This section applies when—

(a)

the EPA or the Minister has required a person to pay costs recoverable under section 149ZD(2), (3), or (4); and

(b)

the requirement to pay is final, in that the person who is required to pay—

(i)

has not objected under section 357B or appealed under section 358 within the time permitted by this Act; or

(ii)

has objected or appealed and the objection or the appeal has been decided against that person.

(2)

The costs referred to in subsection (1) are a debt due to either the EPA or the Crown that is recoverable by the EPA, or the EPA on behalf of the Crown, in any court of competent jurisdiction.

149ZG Process may be suspended if costs outstanding

(1)

This section applies if—

(a)

the EPA or the Minister has required a person to pay costs recoverable under section 149ZD(2), (3), or (4); and

(b)

the EPA has given the person written notice that, unless the costs specified in the notice are paid within 20 working days of the date of notice,—

(i)

the EPA may cease to carry out its functions in relation to the matter; and

(ii)

if it does so, any board of the inquiry will be suspended.

(2)

If the person referred to in subsection (1)(b) fails to pay the costs in the required time, the EPA may cease carrying out its functions in respect of the matter.

(3)

If the EPA ceases to carry out its functions in respect of the matter, the inquiry is suspended.

(4)

If the EPA ceases to carry out its functions in respect of the matter, but subsequently the person required to pay the costs does so,—

(a)

the EPA must resume carrying out its functions in respect of the matter; and

(b)

the inquiry is resumed.

(5)

The EPA must, as soon as practicable after an inquiry is suspended under subsection (3) or is resumed under subsection (4)(b), notify the following that the inquiry is suspended or has resumed (as the case may be):

(a)

the applicant; and

(b)

the board; and

(c)

the Minister; and

(d)

the relevant local authority; and

(e)

every person who has made a submission on the matter.

(6)

Nothing in this section affects or prejudices the right of a person to object under section 357B or appeal under section 358, but an objection or an appeal does not affect the right of the EPA under subsection (2) of this section to cease carrying out its functions.

Amendments to Part 8 of principal Act

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

After section 168A(3)(a)(ii), insert:

(iia)

the national planning template:

82A Section 170 amended (Discretion to include requirement in proposed plan)

(1)

In section 170, delete publicly.

(2)

In section 170, insert as subsections (2) to (8) and subsection cross-headings:

(2)

To obtain consent for the purposes of subsection (1), (4), or (8), the territorial authority must

(a)

notify the requiring authority as to which planning process it intends to use under Schedule 1; and

(b)

seek the consent of the requiring authority to use that planning process for considering the requirement; and

(c)

if a collaborative planning process is to be used, inform the requiring authority that it must nominate a representative for appointment to the collaborative group.

Where proposal is to use collaborative planning process

(3)

Subsection (4) applies if a territorial authority

(a)

receives notice of a requirement under section 168; and

(b)

proposes to notify that it will use a collaborative planning process under clause 38 of Schedule 1 within 40 working days of receiving the requirement.

(4)

If this subsection applies, the territorial authority may, if the requiring authority consents,

(a)

include the requirement with the matters that will be subject to the proposed plan when it gives a notice under clause 38 of Schedule 1; and

(b)

include the requirement in the terms of reference set under clause 41 of Schedule 1, instead of complying with section 169.

(5)

If the requiring authority agrees to be part of the relevant collaborative group, the provisions of Part 4 of Schedule 1 apply to the notice of requirement.

(6)

If the requiring authority does not agree to be part of the collaborative group, or withdraws from the group before the group delivers its report under clause 43 of Schedule 1, the notice of requirement must not proceed using the collaborative planning process proposed under subsection (3)(b).

Where proposal is to use streamlined planning process

(7)

Subsection (8) applies if a territorial authority

(a)

receives a notice of requirement under section 168; and

(b)

within 40 working days of receiving that notice of requirement, proposes to apply to the responsible Minister under section 80C for a direction to use a streamlined planning process.

(8)

If this subsection applies, the territorial authority may, if the requiring authority consents, include in its application to the responsible Minister the requirement as well as the matters that will be the subject of the proposed planning instrument, instead of complying with section 169.

83 Section 171 amended (Recommendation by territorial authority)

Before section 171(1)(a), insert:

(aa)

the objectives and policies in the national planning template that are

(i)

required to be included in regional policy statements or plans in accordance with section 58C(1)(c) or (d), as the case may be; and

(ii)

specified as an objective or a policy intended to deal with matters that the Minister considers are nationally significant; and

84 Section 189 amended (Notice of requirement to territorial authority)

(1)

After section 189(1), insert:

(1A)

However, a heritage protection authority that is a body corporate approved under section 188 must not give notice of a requirement for a heritage order in respect of any place or area of land that is private land.

(2)

After section 189(5), insert:

(6)

In this section,—

Crown includes—

(a)

the Sovereign in right of New Zealand; and

(b)

departments of State; and

(c)

State enterprises named in Schedule 1 of the State-owned Enterprises Act 1986; and

(d)

Crown entities within the meaning of section 7 of the Crown Entities Act 2004; and

(e)

the mixed ownership model companies named in Schedule 5 of the Public Finance Act 1989; and

(f)

local authorities within the meaning of the Local Government Act 2002

private land

(a)

means any land held in fee simple by any person other than the Crown; and

(b)

includes—

(i)

Maori land within the meaning of section 4 of Te Ture Whenua Maori Act 1993; and

(ii)

land held by a person under a lease or licence granted to the person by the Crown.

85 Section 191 amended (Recommendation by territorial authority)

After section 191(1)(c), insert:

(ca)

the objectives and policies in the national planning template that are

(i)

required to be included in plans or regional policy statements in accordance with section 58C(1)(c) or (d), as the case may be; and

(ii)

specified as an objective or a policy intended to deal with matters that the Minister considers are nationally significant; and

86 New sections 195B and 195C inserted

After section 195A, insert:

195B Transfer of heritage order

(1)

The Minister may, on the Minister’s own initiative, transfer responsibility for an existing heritage order to another heritage protection authority (other than a body corporate).

(1A)

However, the Minister must not exercise the power under subsection (1) if

(a)

the heritage order relates to private land; and

(b)

the transfer of the order is to a body corporate approved under section 188.

(2)

In determining whether to transfer responsibility for an order under subsection (1), the Minister must take into account—

(a)

the heritage values of the place or area subject to the heritage order; and

(b)

the reasonable use of the place or area despite it being subject to a heritage order; and

(c)

any other matters that the Minister considers relevant, such as—

(i)

the effect of the heritage order on the property rights of the owner and occupier (if any) of the place or area:

(ii)

the ability of the heritage protection authority to whom the Minister proposes to transfer the heritage order to protect the place or area.

(3)

Before the Minister may make a determination to transfer responsibility for a heritage order under this section, the Minister must serve written notice of the Minister’s intention to do so on—

(a)

the heritage protection authority currently responsible for the heritage order; and

(b)

the heritage protection authority to whom the Minister proposes to transfer that responsibility; and

(c)

the owner and occupier (if any) of the place or area subject to the heritage order and any other person with a registered interest in that place or area; and

(d)

the territorial authority in whose district the place or area subject to the order is located.

(4)

The persons or organisations served with a notice under subsection (3) may, within 20 working days after being served, make a written objection or submission to the Minister on the Minister’s proposal.

(5)

The Minister must take into account all objections and submissions received within the specified time before making a final determination.

(6)

In subsection (1A), private land has the meaning given in section 189(6).

195C Notice of determination

(1)

The Minister must publish a notice in the Gazette of the Minister’s determination under section 195B.

(2)

The territorial authority in whose district the place or area subject to an order under section 195B is located must note the transfer of responsibility for the heritage order by amending the district plan accordingly as soon as is reasonably practicable without using a process set out in Schedule 1.

Amendments to Part 9 of principal Act

87 Section 207 amended (Matters to be considered)

In section 207, insert as subsection (2):

(2)

A special tribunal must also have particular regard to the objectives and policies in the national planning template that are

(a)

required to be included in plans or regional policy statements in accordance with section 58C(1)(c) or (d), as the case may be; and

(b)

specified as an objective or a policy intended to deal with matters that the Minister considers are nationally significant.

88 Section 212 amended (Matters to be considered by Environment Court)

In section 212(b), replace and any proposed plan; with any proposed plan, and the national planning template;.

Amendments to Part 11 of principal Act

89 Section 265 amended (Environment Court sittings)

In section 265(1)(c), after “Principal Environment Judge”, insert “or an Environment Judge”.

90 Section 267 amended (Conferences)

Replace section 267(1) with:

(1)

An Environment Judge—

(a)

must, as soon as practicable after the lodging of proceedings, consider whether to convene a conference presided over by a member of the court; and

(b)

may, at any time after the lodging of proceedings, require the parties, or any Minister, local authority, or other person that or who has given notice of intention to appear under section 274, to be present at a conference presided over by a member of the court.

(1A)

A person required to be present at a conference may be present in person or by a representative.

(1A)

Each person required to be present at a conference must

(a)

be present in person; or

(b)

have at least 1 representative present who has the authority to make decisions on behalf of the person represented on any matters that may reasonably be expected to arise at the conference.

(1B)

However, a person (person A) may represent a person required to be present at a conference (person B) only if person A has the authority to make decisions on behalf of person B in respect of matters that may arise at the conference.

91 Section 268 replaced (Alternative dispute resolution)

Replace section 268 with:

268 Alternative dispute resolution

(1)

At any time after the lodgement of proceedings are lodged, the Environment Court may, for the purpose of facilitating the resolution of any matter, ask a member of the Environment Court or another person to conduct an ADR process before or at any time during the course of a hearing.

(2)

The Environment Court may act under this section on its own motion or on request.

(3)

A member of the Environment Court who conducts an ADR process is not disqualified from resuming his or her role to decide a matter if—

(a)

the parties agree that the member should resume his or her role and decide the matter; and

(b)

the member concerned and the court are satisfied that it is appropriate for him or her to do so.

(4)

In this section and section 268A, ADR process means an alternative dispute resolution process (for example, mediation) designed to facilitate the resolution of a matter.

268A Mandatory participation in alternative dispute resolution processes

(1)

This section applies to an ADR process conducted under section 268.

(2)

Each party to the proceedings must participate in the ADR process in person or by a representative, unless leave is granted under this section.

(3)

A person (person A) may represent a person required to participate in an ADR process (person B) only if person A has the authority to make decisions on behalf of person B in respect of matters that may arise during the ADR process.

(3)

Each person required to participate in an ADR process must

(a)

be present in person; or

(b)

have at least 1 representative present who has the authority to make decisions on behalf of the person represented on any matters that may reasonably be expected to arise in the ADR process.

(4)

A party to the proceedings may apply to the Environment Court for leave not to participate in the ADR process.

(5)

The Environment Court may grant leave if it considers that it is not appropriate for the party to participate in the ADR process.

92 Section 276 amended (Evidence)

After section 276(3), insert:

(4)

This section applies subject to section 277A.

93 New section 277A inserted (Powers of Environment Court in relation to evidence heard on appeal by way of rehearing)

After section 277, insert:

277A Powers of Environment Court in relation to evidence heard on appeal by way of rehearing

(1)

This section applies to an appeal brought by way of a rehearing under clause 59 of Schedule 1.

(2)

In conducting the appeal, the Environment Court has full discretion to rehear all or any part of the evidence received by the local authority or panel whose decision is the subject of the appeal.

(3)

The Environment Court must rehear the evidence of a witness if the court has reason to believe that the record of evidence of that person made by direction of the local authority or panel is or may be incomplete in any material way.

(4)

A party to the appeal may introduce new evidence with the leave of the Environment Court.

(5)

The Environment Court may grant leave under subsection (4), but only if it considers that the proposed new evidence was not able to be produced at the hearing conducted by the local authority or panel.

94 Section 279 amended (Powers of Environment Judge sitting alone)

After section 279(4), insert:

(5)

In the case of an appeal under section 120, in addition to exercising the powers conferred by subsections (1) to (4), an Environment Judge sitting alone may—

(a)

exercise any other powers of the Environment Court that may be conferred by the Principal Environment Judge either generally or in relation to a particular matter; and

(b)

exercise those powers on any terms and conditions that the Principal Environment Judge may think fit.

95 Section 280 amended (Powers of Environment Commissioner sitting without Environment Judge)

(1)

After section 280(1), insert:

(1AA)

If proceedings relate to an appeal under section 120, 1 or more Environment Commissioners sitting without an Environment Judge may,—

(a)

in relation to a particular matter, exercise any of the powers conferred by section 279(1) to (4) on an Environment Judge sitting alone that may be conferred by the Environment Judge after a conference held under section 267 in relation to that matter; and

(b)

exercise the powers referred to in paragraph (a) on any terms and conditions that the Environment Judge may think fit.

(2)

Repeal section 280(1A).

96 Section 281A replaced (Registrar may waive, reduce, or postpone payment of fee)

Replace section 281A with:

281A Registrar may waive, reduce, or postpone payment of fee

(1)

A person may apply to the Registrar for a waiver, reduction, or postponement of the payment to the court of any fee prescribed by regulations made under this Act.

(2)

The application must be made in the prescribed form (if any).

(3)

The Registrar may waive, reduce, or postpone the payment of the fee only if the Registrar is satisfied, after applying any prescribed criteria, that—

(a)

the person responsible for paying the fee is unable to pay the fee in whole or in part; or

(b)

in the case of proceedings concerning a matter of public interest, the proceedings are unlikely to be commenced or continued if the powers are not exercised.

97 Section 290A replaced (Environment Court to have regard to decision that is subject of appeal or inquiry)

Replace section 290A with:

290A Environment Court to have regard to decision that is subject of appeal or inquiry, and to related reports and processes

In determining an appeal or inquiry, the Environment Court must have regard to

(a)

the decision that is the subject of the appeal or inquiry; and

(b)

in the case of an appeal under section 120,

(i)

any reports prepared by the consent authority for the purpose of a hearing on the decision; and

(ii)

the outcome of any related pre-hearing meeting or alternative dispute resolution process.

98 Section 293 amended (Environment Court may order change to proposed policy statements and plans)

(1)

In section 293(3)(b), replace “the” with “a”.

(2)

After section 293(3)(b), insert:

(ba)

the a national planning template standard:

(3)

In section 293(5)(a), replace “the New Zealand coastal policy statement,” with “a New Zealand coastal policy statement, the a national planning template standard,”.

Amendment to Part 11A of principal Act

98A Section 308B amended (Limit on making submissions)

In section 308B(3), delete clause 6(4) or 29(1B) of.

Amendments to Part 12 of principal Act

99 Section 310 amended (Scope and effect of declaration)

(1)

In section 310(b)(i), after “New Zealand coastal policy statement”, insert “or the a national planning template standard.

(2)

In section 310(ba)(i), after “for the region”, insert “or a relevant provision or proposed provision of the a national planning template standard.

(3)

In section 310(bb)(i), after “regional policy statement”, insert “or a relevant provision or proposed provision of the a national planning template standard.

Amendments to Part 14 of principal Act

100 Section 352A amended (Mode of service of summons on master or owner of ship)

In section 352A(4), definition of Registrar, replace “section 2(1)” with “section 5”.

101 Section 357B amended (Right of objection in relation to imposition of additional charges or recovery of costs)

In section 357B(a), replace “section 36(3)” with section 36(5).

102 Section 357D amended (Decision on objections made under sections 357 to 357B)

In section 357D(1)(c), replace “section 36(3)” with section 36(5).

103 Section 360 amended (Regulations)

(1)

After section 360(1)(b), insert:

(baa)

prescribing, for the purpose of the Registrar deciding whether to waive, reduce, or postpone the payment of a fee under section 281A, the criteria that the Registrar must apply to—

(i)

assess a person’s ability to pay a fee; and

(ii)

identify proceedings that concern matters of public interest:

(2)

In section 360(1)(ba), after “under this Act”, insert “(including offences prescribed under paragraph (ho))”.

(3)

In section 360(1)(bb), replace $1,000 with $750 in the case of any offence prescribed under paragraph (ho) and not exceeding $1,000 in any other case.

(3)

Replace section 360(1)(bb) with:

(bb)

prescribing forms for infringement notices and any particulars to be contained in infringement notices, including infringement fees (which may be different fees for different offences)

(i)

not exceeding a fee of $2,000 for each infringement offence prescribed under paragraph (ho):

(ii)

not exceeding a fee of $100 per stock unit for each infringement offence prescribed under paragraph (ho) that is differentiated on the basis of the number of stock units, to a maximum fee of $2,000 for each infringement offence:

(iii)

not exceeding a fee of $1,000 in any other case:

(4)

After section 360(1)(d), insert:

(da)

prescribing the form and content (including conditions) of water permits and discharge permits:

(5)

In section 360(1)(hk), replace “section 35(2)(a)(ii)” with “section 35(2) and (2AA).

(6)

After section 360(1)(hk)(i), insert:

(ia)

matters by reference to which monitoring must be carried out:

(7)

After section 360(1)(hm), insert:

(hn)

prescribing measures for the purpose of excluding stock from water bodies, estuaries, and coastal lakes and lagoons, including regulations that—

(i)

apply generally in relation to stock or to specified kinds of stock (for example, dairy cattle):

(ii)

apply generally in relation to water bodies, estuaries, and coastal lakes and lagoons or to specified kinds of water bodies, estuaries, and coastal lakes and lagoons:

(iii)

apply different measures to different kinds of stock or to different kinds of water bodies, estuaries, and coastal lakes and lagoons:

(iv)

prescribe technical requirements for the purposes of the regulations (for example, the minimum height and other specifications with which any required means of exclusion must comply, such as requirements for fencing or riparian planting):

(ho)

prescribing infringement offences for the contravention of, or non-compliance with, any regulations made under paragraph (hn):

(hp)

prescribing requirements that apply to the use of models (being simplified representations of systems, for example, farms, catchments, and regions) under this Act by—

(i)

local authorities:

(ii)

the holders of resource consents:

(iii)

other persons:

(hq)

provide that, despite sections 68(2) and 76(2), a more stringent rule in a plan prevails over a regulation made under paragraph (hn):

(8)

After section 360(2), insert:

(2AA)

Any consultation undertaken before the commencement of subsection (1)(bb), (hn), or (ho), in relation to a regulation made under those paragraphs, satisfies the consultation requirements in relation to that regulation.

(9)

After section 360(2E), insert:

(2F)

Regulations made under subsection (1)(hn) or (ho) may specify

(a)

that rules inconsistent with those regulations be withdrawn or amended

(i)

to the extent necessary to remove the inconsistency; and

(ii)

as soon as practicable after the date on which the regulations come into force; but

(iii)

without using any of the processes under Schedule 1 for changing a plan or proposed plan; and

(b)

in relation to a rule made before the commencement of the regulations,

(i)

the extent to which a matter that the regulations apply to continues to have effect; or

(ii)

the period for which a matter that the regulations apply to continues to have effect.

(2G)

If regulations specify a matter under subsection (2F), the local authorities concerned must publicly notify that the rules have been withdrawn or amended not later than 5 working days after they are withdrawn or amended.

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

After section 360B(2)(c)(iii)(B), insert:

(BA)

the a national planning template standard; and

105 New sections 360D, 360DA, and 360E inserted

After section 360C, insert:

360D Regulations that permit or prohibit certain rules

(1)

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations to prohibit or remove specified rules or types of rules that would duplicate, overlap with, or deal with the same subject matter as is included in other legislation.

(a)

to permit a specified land use:

(b)

to prohibit a local authority from making specified rules or specified types of rules:

(c)

to specify rules or types of rules that are overridden by the regulations and must be withdrawn:

(d)

to prohibit or override specified rules or types of rules that meet the description in subsection (3)(b).

(2)

Regulations made under subsection (1)(a) may provide for a land use to be a permitted activity, but only for the purpose of avoiding restrictions on land use that are not reasonably required to achieve the purpose of the Act.

(3)

Regulations must not be made

(a)

under subsection (1)(b) or (c) unless, in the Minister’s opinion, the rules would restrict land use for residential development in a way that is not reasonably required to achieve the purpose of the Act:

(b)

under subsection (1)(d) unless, in the Minister’s opinion, the rules would duplicate, overlap with, or deal with the same subject matter as is included in other legislation and that duplication, overlap, or repetition would be undesirable.

(4)

Regulations made under subsection (1) may require that

(a)

rules inconsistent with those regulations be withdrawn or amended

(i)

to the extent necessary to remove the inconsistency; and

(ii)

as soon as practicable after the date on which the regulations come into force; and

(iii)

without using any of the processes under Schedule 1 for changing a plan or proposed plan; and

(b)

their withdrawal or amendment be publicly notified by the local authority concerned.

(4)

Regulations made under this section may require that rules inconsistent with those regulations be withdrawn or amended

(a)

to the extent necessary to remove the inconsistency; and

(b)

as soon as practicable after the date on which the regulations come into force; but

(c)

without using any of the processes under Schedule 1 for changing a plan or proposed plan.

(4A)

If regulations include a requirement under subsection (4), their withdrawal or amendment must be publicly notified by the local authority not later than 5 working days after they have been withdrawn or amended.

(5)

Regulations made under this section—

(a)

may specify, in relation to a rule made before the commencement of the regulations,—

(i)

the extent to which a matter that the regulations apply to continues to have effect; or

(ii)

the period for which a matter that the regulations apply to continues to have effect; and

(b)

may apply—

(i)

generally; or

(ii)

to any specified district or region; or

(iii)

to any specified part of New Zealand.

(6)

Section 360(2) and (4) applies to regulations made under this section.

(7)

Before recommending that regulations be made under this section, the Minister must

(a)

prepare an evaluation report under section 32; and

(b)

have particular regard to that report when deciding whether to recommend that regulations be made.

(8)

The Minister must not recommend the making of regulations under this section unless the Minister is of the opinion that it is necessary or desirable to do so, after the Minister has

(a)

notified the public, relevant local authorities, and relevant iwi authorities of the proposed regulations; and

(b)

established a process that

(i)

the Minister considers gives the public, the relevant local authorities, and the relevant iwi authorities adequate time and opportunity to comment on the proposed regulations; and

(ii)

requires a report and recommendation to be made to the Minister on the comments received under subparagraph (i); and

(c)

publicly notified the report and recommendation.

(9)

In the case of regulations relating to a specified district, region, or part of New Zealand, the requirements of subclause (8) may apply only to that district, region, or part of New Zealand.

(10)

The power to make regulations conferred by subsection (1)(a), (b), and (c) expires and is repealed on and from the day that is 1 year after the first national planning template is notified in the Gazette under section 58E(4).

(11)

Regulations made under subsection (1)(b) or (c) that are still in force expire and are revoked on and from the day specified in subsection (10).

360DA Procedures relevant to making rules under section 360D

Before recommending that regulations be made under section 360D, the Minister must

(a)

notify the public, relevant local authorities, and relevant iwi authorities of the proposed regulations; and

(b)

establish a process that

(i)

the Minister considers gives the public, the relevant local authorities, and the relevant iwi authorities adequate time and opportunity to comment on the proposed regulations; and

(ii)

requires a report and recommendation to be made to the Minister on the comments received under subparagraph (i); and

(c)

ensure that an evaluation report is prepared under section 32; and

(d)

have particular regard to that report when deciding whether to recommend that regulations be made; and

(e)

publicly notify the report and recommendation required under paragraph (b)(ii).

360E Regulations relating to administrative charges and other amounts

(1)

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations specifying

(a)

the charges that a local authority is required to fix under section 36 (see section 36(4)); and

(b)

whether a consent authority is required to fix a fee under section 34B.

(2)

Regulations made under this section

(a)

may require a local authority to fix a charge listed in section 36(1) only if the charge relates to an application for a resource consent, a review of a resource consent, or an application to change or cancel a condition of a resource consent (including charges for certificates of compliance and existing use certificates); and

(b)

must specify the class or classes of application in respect of which each charge or fee is to be fixed; and

(c)

may include a schedule of charges or fees to be fixed; but

(d)

must not fix any charges or fees.

(1)

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for the purpose of specifying the charges that a local authority is required to fix under section 36(1) (see section 36(4)).

(2)

Regulations made under this section

(a)

must not fix the amount to be charged by local authorities under section 36(1); but

(b)

may require local authorities

(i)

to fix charges for hearings commissioners determining plan changes or resource consent applications, in accordance with a delegation from the local authority under section 34A(1), where a hearing is held:

(ii)

before a hearing commences, to set the overall charge payable by the applicant for a plan change or resource consent hearing:

(c)

may require local authorities to fix charges for the functions referred to in section 36(1)(b).

(3)

Regulations that relate to a function referred to in section 36(1)(b)

(a)

must specify the class or classes of application in respect of which each charge is to be fixed; and

(b)

must include a schedule of charges to be applied by local authorities, fixed on the basis of

(i)

the class of application; and

(ii)

the complexity of the class of application to which the charges apply; and

(c)

may specify a class or classes of additional charges that may apply.

Amendment to Part 15 of principal Act

106 Section 401B amended (Obligation to pay coastal occupation charge deemed condition of consent)

Replace section 401B(a) with:

(a)

authorises the holder to occupy any part of the common marine and coastal area; and

Part 16 of principal Act replaced repealed

107 Part 16 replaced repealed

Replace Part 16 is repealed. with:

Part 16 Transitional, savings, and related provisions for amendments made on or after 4 September 2013

434 Transitional, savings, and related provisions for amendments made on or after 4 September 2013

The transitional, savings, and related provisions set out in Schedule 12 have effect according to their terms.

Amendments to Schedule 1 of principal Act

108 Schedule 1 amended

Amend Schedule 1 as set out in Schedule 1 of this Act.

Amendment to Schedule 1AA of principal Act

108A Schedule 1AA amended

In Schedule 1AA, after clause 1(3), insert:

(4)

Any material or documents that may be incorporated by reference under this schedule may be in electronic form, and may include any electronic tools, models, and databases that are appropriate for inclusion in a national environmental standard, a national policy statement, or a New Zealand coastal policy statement.

(5)

A requirement to provide a copy of any material or document incorporated by reference under this schedule is satisfied if an electronic copy is provided.

Amendments to Schedule 4 of principal Act

109 Schedule 4 amended

In Schedule 4,—

(a)

clause 6(1)(c), delete “substances and”; and

(b)

clause 7(1)(f), delete “or the use of hazardous substances”.

Amendments to Schedule 12 of principal Act

110 Schedule 12 amended

Amend Schedule 12 as set out in Schedule 2 of this Act.

Consequential amendments commencing on day after Royal assent

111 Consequential amendments commencing on day after Royal assent

Amend the enactments specified in Schedule 3 as set out in that schedule.

Subpart 2—Amendment