New Zealand Legislation: Regulations
Regulations are laws made under Acts
Add to web feed (SR 2003/153)
These regulations are administered in the Ministry for the Environment.
Pursuant to section 360(1) of the Resource Management Act 1991, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
8 Requirements for serving notices of appeal against decision on requirement in plan or proposed plan
These regulations are the Resource Management (Forms, Fees, and Procedure) Regulations 2003.
These regulations come into force on 1 August 2003.
(1) In these regulations, unless the context otherwise requires,—
Act means the Resource Management Act 1991
form means a form set out in Schedule 1
Registrar means the Registrar of the Environment Court.
(2) A reference to a numbered form in these regulations is a reference to that form set out in Schedule 1.
Use of a form is not invalid only because it contains minor differences from a form prescribed by these regulations as long as the form that is used has the same effect as the prescribed form and is not misleading.
(1) A form must be accompanied by any document that is required to be attached to the form.
(2) The document referred to in subclause (1) is part of the form.
(3) Despite subclauses (1) and (2), documents that must be attached to a form do not need to be included with the copy of the form served on any person under these regulations if the copy of the form includes—
(a) a list of the documents attached to the form lodged with the Environment Court; and
(b) a statement that a copy of the documents referred to in paragraph (a) may be obtained, on request, from the person who served the form.
(4) A person who requests a copy of 1 or more documents, as provided for in subclause (3)(b), must be given a copy of the documents requested as soon as reasonably practicable after the request is received.
In the following table, the forms listed in column 1 must generally be followed for the matters set out in column 3:
| Form | Relevant section of Act | Matter |
|---|---|---|
| National policy statements | ||
| 1 | 48 | Public notice of proposal or inquiry concerning national policy statement |
| 1 | 53 | Public notice of proposal or inquiry concerning review, change, or revocation of national policy statement |
| 3 | 49 | Submission on proposal for national policy statement |
| New Zealand coastal policy statements | ||
| 2 | 57 | Public notice of proposal for New Zealand coastal policy statement and inquiry |
| 3 | 57 | Submission on proposal for New Zealand coastal policy statement |
| Regional policy statements, regional plans, and district plans | ||
| 4 | Clause 5 of Schedule 1 | Public notice of proposed policy statement or plan |
| 5 | Clause 6 of Schedule 1 | Submission on publicly notified proposal for policy statement or plan |
| 6 | Clause 8 of Schedule 1 | Further submission in support of, or in opposition to, submission on publicly notified proposed policy statement or plan |
| 7 | Clause 14(1) of Schedule 1 | Notice of appeal to Environment Court against decision on proposed policy statement or lpan |
| 8 | Clause 14(3) of Schedule 1 | Notice of appeal to Environment Court against decision of requiring authority or heritage protection authority on proposed policy statement or plan |
(1) A person who appeals a decision under clause 14(1) of Schedule 1 of the Act must, after lodging form 7 with the Environment Court, serve a copy of that form on—
(a) the local authority that made the decision, within 30 working days of being served with a notice of the decision; and
(b) if the appeal relates to a regional coastal plan, the Minister of Conservation, within 30 working days of being served with a notice of the decision; and
(c) every person who made a submission on the provision or matter to which the appeal relates, within 5 working days after the notice is lodged.
(1) A person who appeals a decision under clause 14(3) of Schedule 1 of the Act must, after lodging form 8 with the Environment Court, serve a copy of that form on—
(a) the requiring authority or heritage protection authority that made the decision, within 30 working days of being served with a notice of the decision; and
(b) the territorial authority that made the recommendation, within 30 working days of being served with a notice of the decision; and
(c) every person who made a submission on the requirement, within 5 working days after the notice is lodged.
In the following table, the forms listed in column 1 must generally be followed for the matters set out in column 3:
| Form | Relevant section of Act | Matter |
|---|---|---|
| 9 | 88 | Application for resource consent |
| 10 | 127 | Application for change or cancellation of resource consent condition |
| 11 | 136(2)(b)(ii), (4)(a) | Application for transfer of water permit |
| 12 | 93(2), 94C, 94D | Public notice of application for resource consent |
| 12 | 127 | Public notice of application for change or cancellation of resource consent condition |
| 12 | 136(4)(b) | Public notice of application for transfer of water permit |
| 13 | 94(1), 96 | Submission on application publicly notified or notice of which served under section 94(1) of the Act for resource consent |
| 13 | 127(3) | Submission on application publicly notified or notice of which served under section 94(1) of the Act for change or cancellation of resource consent condition |
| 13 | 136(4) | Submission on application publicly notified or notice of which served under section 94(1) of the Act for transfer of water permit |
| 14 | 130 | Public notice of review of resource consent conditions by consent authority |
| 15 | 130(1) | Submission on publicly notified review of resource consent conditions by consent authority |
| 16 | 118(6) | Notice to Environment Court of inquiry on recommendation on application to carry out restricted coastal activity |
| 16 | 121 | Notice to Environment Court of appeal against decision on application for resource consent |
| 16 | 127(3) | Notice to Environment Court of appeal against decision on application for change or cancellation of resource consent condition |
| 16 | 132(2) | Notice to Environment Court of inquiry on recommendation on review of resource consent conditions |
| 16 | 136(4)(b) | Notice to Environment Court of appeal against decision on application for transfer of water permit |
| 16 | 139(6) | Notice to Environment Court of appeal against decision on application for certificate of compliance |
Regulation 9 was amended, as from 1 June 2006, by regulation 4(1)(a) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by inserting the expression “, 94D”
after the expression “94C”
in the second column of the first item relating to form 12.
Regulation 9 was amended, as from 1 June 2006, by regulation 4(1)(b) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by inserting the expression “94(1),”
before the expression “96”
in the second column of the first item relating to form 13.
Regulation 9 was amended, as from 1 June 2006, by regulation 4(1)(c) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by substituting the words “application publicly notified or notice of which served under section 94(1) of the Act”
for the words “publicly notified application”
in the third column of each item relating to form 13.
Regulation 9 was amended, as from 1 June 2006, by regulation 4(2) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the last item in each column.
(1) This regulation applies if a consent authority is required to serve notice of the following on prescribed persons in accordance with section 93(2) or section 94C of the Act:
(a) an application for a resource consent, or for a change or cancellation of a resource consent condition:
(b) an application for a transfer of a water permit:
(c) a review of resource consent conditions.
(2) The consent authority must serve that notice on—
(a) every person who, in the opinion of the consent authority, may be adversely affected by the granting of the application or by the review:
(b) every person, other than the applicant, who the consent authority knows is an owner or occupier of land to which the application or review relates:
(c) the regional council or territorial authority for the region or district to which the application or review relates:
(d) any other iwi authorities, local authorities, persons, or bodies that the consent authority considers should have notice of the application or review:
(e) the Minister of Conservation, if the application or review relates to an activity in a coastal marine area or on land that adjoins a coastal marine area:
(f) the Minister of Fisheries, the Minister of Conservation, and the relevant Fish and Game Council, if an application relates to fish farming (as defined in the Fisheries Act 1996) other than in the coastal marine area:
(g) the New Zealand Historic Places Trust, if the application or review—
(i) relates to land that is subject to a heritage order or a requirement for a heritage order or that is otherwise identified in the plan or proposed plan as having heritage value; or
(ii) affects any historic place, historic area, wahi tapu, or wahi tapu area registered under the Historic Places Act 1993.
(h) the holder of a customary rights order who, in the opinion of the consent authority, may be adversely affected by the grant of a resource consent or the review of consent conditions.
(i) Transpower New Zealand, if the application or review may affect the national grid.
(3) For the purposes of subclause (2)(a), a consent authority must have regard to a statutory acknowledgement (within the meaning of an Act specified in Schedule 11 of the Act) in accordance with the provisions of the relevant Act.
(4) For the purposes of subclause (2)(i), national grid has the same meaning as in section 2 of the Electricity Act 1992.
Subclause (2)(f) was substituted, as from 1 January 2005, by section 34 Resource Management Amendment Act (No 2) 2004 (2004 No 103).
Subclause (2)(h) was inserted, as from 17 January 2005, by section 39 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.
Subclause (2)(i) was inserted, as from 11 January 2007, by regulation 4(1) Resource Management (Forms, Fees, and Procedure) Amendment Regulations (No 2) 2006 (SR 2006/376).
Subclause (4) was inserted, as from 11 January 2007, by regulation 4(2) Resource Management (Forms, Fees, and Procedure) Amendment Regulations (No 2) 2006 (SR 2006/376).
(1) This regulation applies if an application for a resource consent must be publicly notified under any of sections 93, 94C, or 94D(1) of the Act.
(2) A consent authority may require the notice (which must be in the form provided for by form 12) to be affixed in a conspicuous place on or adjacent to the site to which the application relates.
Regulation 10A was inserted, as from 1 June 2006, by regulation 5 Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).
In the following table, the forms listed in column 1 must generally be followed for the matters set out in column 3:
| Form | Relevant section of Act | Matter |
|---|---|---|
| Designations | ||
| 17 | 167 | Application to become requiting authority |
| 18 | 168, clause 4 of Schedule 1 | Notice of requirement by Minister, local authority, or requiring authority for designation |
| 18 | 181 | Notice of requirement by Minister, local authority, or requiring authority for alteration of designation |
| 19 | 169 | Public notice of requirement by Minister, local authority, or requiring authority for designation |
| 19 | 181 | Public notice of requirement by Minister, local authority, or requiring authority for alteration of designation |
| 20 | 168A | Public notice of territorial authority's requirement for designation |
| 20 | 181(4) | Public notice of territorial authority's requirement for alteration of designation |
| 21 | 168A | Submission on requirement publicly notified by territorial authority for designation |
| 21 | 169 | Submission on requirement publicly notified by Minister, local authority, or requiring authority for designation |
| 21 | 181 | Submission on requirement publicly notified by Minister, local authority, requiring authority, or territorial authority for alteration of designation |
| 22 | 174 | Notice of appeal to Environment Court against decision on requirement for designation |
| 22 | 181 | Notice of appeal to Environment Court against decision on requirement to alter designation |
| 23 | 182 | Notice of removal of designation or part of designation |
| 24 | 185 | Application to Environment Court for order obliging requiring authority to take land |
| Heritage orders | ||
| 25 | 188 | Application to become heritage protection authority |
| 26 | 189 | Notice of requirement by heritage protection authority for heritage order |
| 26 | 192(f) | Notice of requirement by heritage protection authority for alteration of heritage order |
| 27 | 190(2) | Public notice of requirement by heritage protection authority for heritage order |
| 27 | 192(f) | Public notice of requirement by heritage protection authority for alteration of heritage order |
| 28 | 189A | Public notice of territorial authority's requirement for heritage order |
| 28 | 192(f) | Public notice of territorial authority's requirement for alteration of heritage order |
| 21 | 189A | Submission on requirement publicly notified by territorial authority for heritage order |
| 21 | 190 | Submission on requirement publicly notified by heritage protection authority for heritage order |
| 21 | 192(f) | Submission on requirement publicly notified by territorial authority or a heritage protection authority for alteration of heritage order |
| 22 | 192(c) | Notice of appeal to Environment Court against decision on requirement for heritage order |
| 22 | 192(f) | Notice of appeal to Environment Court against decision on requirement for alteration of heritage order |
| 23 | 196 | Notice of removal of heritage order or part of heritage order |
| 24 | 198 | Application to Environment Court for order obliging heritage protection authority to take land |
(1) This regulation applies if a territorial authority is required to serve notice of a requirement on prescribed persons in accordance with section 93(2) of the Act.
(2) The territorial authority must serve that notice on the persons listed in regulation 10(2) (applied as if references to an application or review were references to the requirement).
(1) This regulation applies to the notification of a requirement for a designation or a heritage order under Part 8 of the Act.
(2) A territorial authority may require the notice (which must be in the form provided for by form 19, 20, 27, or 28, as appropriate) to be affixed in a conspicuous place on or adjacent to the site to which the notice relates.
Regulation 12A was inserted, as from 1 June 2006, by regulation 6 Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).
In the following table, the forms listed in column 1 must generally be followed for the matters set out in column 3:
| Form | Relevant section of Act | Matter |
|---|---|---|
| Water conservation orders | ||
| 29 | 204 | Public notice of application for water conservation order |
| 29 | 216 | Public notice of application for revocation or amendment of water conservation order |
| 30 | 205 | Submission on publicly notified application for water conservation order |
| 30 | 216 | Submission on publicly notified application for revocation or amendment of water conservation order |
In the following table, the forms listed in column 1 must generally be followed for the matters set out in column 3:
| Form | Relevant section of Act | Matter |
|---|---|---|
| Esplanade and access strips | ||
| 31 | 232, 235 | Instrument creating esplanade strip |
| 12 | 234(4) | Public notice of application for variation or cancellation of instrument creating esplanade strip |
| 13 | 234(4) | Submission on publicly notified application for variation or cancellation of instrument creating esplanade strip |
| 16 | 234(4) | Notice of appeal to Environment Court against decision on application for variation or cancellation of instrument creating esplanade strip |
| 32 | 237B | Easement for access strip |
(1) This regulation applies if a territorial authority is required to serve notice of an application to vary or cancel an instrument creating an esplanade strip on prescribed persons in accordance with section 93(2) of the Act.
(2) The territorial authority must serve that notice on the persons listed in regulation 10(2) (applied as if references to an application or review were references to this application).
In the following table, the forms listed in column 1 must generally be followed for the matters set out in column 3:
| Form | Relevant section of Act | Matter |
|---|---|---|
| Representation at proceedings | ||
| 33 | 274 | Notice of person's wish to be party to proceedings |
| Appeals (general) | ||
| 34 | Notice of appeal to Environment Court (general) | |
| 35 | 289 | Reply to appeal or request for inquiry |
| Applications | ||
| 36 | 291 | Notice of motion (general) |
| 37 | 291(4) | Notice of person's wish to be heard on notice of motion |
| 38 | 281 | Application for waiver or directions |
| Witness summons | ||
| 39 | 41 | Witness summons to local authority hearing, consent authority healing, or other hearing |
| 40 | 278(1) | Witness summons to Environment Court hearing |
A notice of proceedings or other document lodged with the Environment Court or Registrar under the Act, or any other enactment, must be—
(a) lodged in accordance with regulation 19(2); and
(b) accompanied by 1 copy of the document; and
(c) signed by, or on behalf of, the person lodging it (unless it is an attachment).
(1) All proceedings and documents must be lodged with the proper office of the Environment Court in accordance with subclause (2).
(2) Proceedings and documents relating to matters originating in the districts or regions listed in column 1 of the following table must be lodged with the office of the Environment Court named in column 2:
| District or region | Office of Environment Court | ||
| (a) | All South Island districts and the Chatham Islands, but excluding the Marlborough district | Christchurch Environment Court | |
| (b) | Marlborough district | Wellington Environment Court | |
| (c) | All districts and regions in the North Island except— | Wellington Environment Court | |
| (i) | Auckland and the districts and regions north of it; and | ||
| (ii) | Hamilton city; and | ||
| (iii) | Waikato district; and | ||
| (iv) | Waipa district; and | ||
| (v) | Waikato region; and | ||
| (vi) | Hauraki district; and | ||
| (vii) | Thames-Coromandel district; and | ||
| (viii) | Bay of Plenty region; and | ||
| (ix) | Western Bay of Plenty district; and | ||
| (x) | Taupo district | ||
| (d) | All North Island districts and regions listed in item (c) | Auckland Environment Court | |
(3) In subclause (2), territorial authority district means the district of territorial authorities, as defined in section 5(1) of the Local Government Act 2002.
(4) If proceedings are not lodged with the proper office of the Environment Court in accordance with subclause (2), that does not give a ground of appeal to any person under any enactment or these regulations.
(5) If it appears to the Registrar of the Environment Court that proceedings or documents have not been lodged with the proper office of the Environment Court in accordance with subclause (2), the Registrar may, on his or her own initiative or on an application by a party, direct that the proceedings or documents be transferred to the proper office of the Environment Court in accordance with subclause (2).
(6) If more than 1 office is a proper office of the Environment Court under subclause (2), proceedings and documents may be lodged with either office, and the Registrar must direct where the matter is to be heard.
(7) If for any reason it is unclear which is the proper office of the Environment Court (including a case where a proceeding does not originate in any particular district), the Wellington Environment Court is the proper office for the purpose of subclause (2).
Subclause (2) was amended, as from 1 June 2006, by regulation 7(a) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by inserting the words “or regions”
after the word “districts”
in the first place where it appears.
Subclause (2) table was substituted, as from 1 June 2006, by regulation 7(b) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).
(1) The Registrar must fix the time and place of every hearing.
(2) The Registrar must give notice of the time and place of the hearing to—
(a) the person who commenced the proceedings; and
(b) the defendant or respondent; and
(c) every other party to the proceedings; and
(d) any other person that a Judge of the Environment Court directs.
The Registrar must return every exhibit in the Environment Court's custody to the party that submitted it as soon as practicable after the final determination of the proceedings.
(1) An application to the Environment Court under the Act or any other Act is an originating application and must be made by notice of motion—
(a) under section 291 of the Act; and
(b) on form 36.
(2) However, subclause (1) does not apply to an application for which another procedure is provided by the Act, these regulations, or any other enactment.
(1) A person may apply for an interlocutory order—
(a) by lodging a written application for that order with the Registrar; and
(b) serving a copy of the application on all parties to the proceeding.
(2) A party to the proceedings who wishes to be heard on the interlocutory application must lodge a written notice of the wish to be heard with the Registrar—
(a) within 3 working days of being served with the copy of the application; or
(b) within any shorter period that an Environment Judge considers appropriate in the circumstances.
(3) If no party notifies the Registrar of a wish to be heard (or if all parties withdraw their notices), the application may be determined without a hearing.
Subclause (2) was substituted, as from 1 June 2006, by regulation 8 Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).
(1) This regulation applies to an appellant under any of sections 118(6), 121, 127, 132, 136, 139, 149, 174, and 181, and clause 14 of Schedule 1 of the Act.
(2) The appellant must give written notice to the Registrar of the following details within 10 working days after lodging form 6, form 7, form 8, form 16, form 22, form 34, or form 49 with the Environment Court:
(a) the name and address of each person required to be served with notice of the appeal by the Act or these regulations; and
(b) the date of service on each person, in accordance with section 352 of the Act.
The Registrar must, as soon as practicable after the final determination of an appeal or inquiry, send a copy of the Environment Court's decision, determination, or order to all parties to the proceedings and, in addition, to—
(a) the relevant regional council; and
(b) the relevant territorial authority; and
(c) if the appeal or inquiry relates to an activity in the coastal marine area, the Director-General of the Department of Conservation; and
(d) if the matter relates to a restricted coastal activity, the Minister of Conservation.
In the following table, the forms listed in column 1 must generally be followed for the matters set out in column 3:
| Form | Relevant section of Act | Matter |
|---|---|---|
| Declarations, enforcement orders, and abatement notices | ||
| 41 | 311 | Application for declaration |
| 42 | 312 | Notice of application for declaration |
| 43 | 316 | Application for enforcement order |
| 43 | 320 | Application for interim enforcement order |
| 44 | 317 | Notice of application for enforcement order |
| 44 | 320 | Notice of application for interim enforcement order |
| 45 | 320(4) | Advice to accompany interim enforcement order |
| 46 | 320(5) | Application to change or cancel enforcement order |
| 46 | 321 | Application to change or cancel interim enforcement order |
| 47 | 317 | Notice of application to change or cancel enforcement order |
| 47 | 321 | Notice of application to change or cancel interim enforcement order |
| 48 | 324 | Abatement notice |
| 49 | 325(2) | Notice of appeal to Environment Court against abatement notice |
| 50 | 325(3B) | Application for stay of abatement notice |
Regulation 28 was amended, as from 1 June 2006, by regulation 9 Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by substituting the expression “325(2)”
for the expression “325(3B)”
in the second column of the item relating to form 49.
(1) A person may apply for an interim enforcement order under section 320 of the Act by lodging the application with the Registrar.
(2) The person must comply with regulations 17 and 18(b) and (c) as if the application had been lodged with the Environment Court.
(3) A District Court Judge who grants an interim enforcement order must immediately send the Registrar a copy of the application and the order.
If the Environment Court refuses an application for an interim enforcement order,—
(a) the Registrar may treat the application as an application for an enforcement order; and
An applicant for a declaration must give written notice to the Registrar of the following details within 5 working days after lodging the application with the Environment Court:
(a) the name and address of each person required to be served by the Act or these regulations; and
(b) the date of service on each person, in accordance with section 352 of the Act.
(1) An applicant for an enforcement order or for a change or cancellation of an enforcement order must lodge an affidavit as to service with the Registrar within 5 working days after lodging the application with the Environment Court.
(2) The affidavit must state—
(a) the name and address of each person served; and
(b) the date of service on each person, in accordance with section 352 of the Act; and
(c) that all persons directly affected by the application have been served notice of the application.
The fees set out in Schedule 2 must be paid to the relevant Minister for the matters to which they relate.
The filing fee for commencing proceedings is $55.
The fees prescribed by these regulations are inclusive of goods and services tax.
The Resource Management (Forms) Regulations 1991 (SR 1991/170) are revoked.
Schedule 1 |
| Form 1 | Public notice of proposal or inquiry concerning national policy statement or review, change, or revocation of national policy statement |
| Form 2 | Public notice of proposal for New Zealand coastal policy statement and inquiry |
| Form 3 | Submission on proposal for national policy statement or New Zealand coastal policy statement |
| Form 4 | Public notice of proposed policy statement or plan |
| Form 5 | Submission on publicly notified proposal for policy statement or plan |
| Form 6 | Further submission in support of, or in opposition to, submission on publicly notified proposed policy statement or plan |
| Form 7 | Notice of appeal to Environment Court against decision on proposed policy statement or plan |
| Form 8 | Notice of appeal to Environment Court against decision of requiring authority or heritage protection authority on proposed policy statement or plan |
| Form 9 | Application for resource consent |
| Form 10 | Application for change or cancellation of resource consent condition |
| Form 11 | Application for transfer of water permit |
| Form 12 | Public notice of application concerning resource consent, water permit, or esplanade strip |
| Form 13 | Submission on application publicly notified or notice of which served under section 94(1) concerning resource consent, water permit, or esplanade strip |
| Form 14 | Public notice of review of resource consent conditions by consent authority |
| Form 15 | Submission on publicly notified review of resource consent conditions by consent authority |
| Form 16 | Notice to Environment Court of appeal or inquiry on decision or recommendation on application concerning restricted coastal activity, resource consent, water permit, certificate of compliance, or esplanade strip |
| Form 17 | Application to become requiring authority |
| Form 18 | Notice of requirement by Minister, local authority, or requiring authority for designation or alteration of designation |
| Form 19 | Public notice of requirement by Minister, local authority, or requiring authority for designation or alteration of designation |
| Form 20 | Public notice of territorial authority's requirement for designation or alteration of designation |
| Form 21 | Submission on publicly notified requirement for designation or heritage order or alteration of designation or heritage order |
| Form 22 | Notice of appeal to Environment Court against decision concerning requirement for designation or heritage order |
| Form 23 | Notice of removal of designation or heritage order or part of designation or heritage order |
| Form 24 | Application to Environment Court for order obliging requiring authority or heritage protection authority to take land |
| Form 25 | Application to become heritage protection authority |
| Form 26 | Notice of requirement by heritage protection authority for heritage order or alteration of heritage order |
| Form 27 | Public notice of, requirement by heritage protection authority for heritage order or alteration of heritage order |
| Form 28 | Public notice of territorial authority's requirement for heritage order or alteration of heritage order |
| Form 29 | Public notice of application for water conservation order or for revocation or amendment of water conservation order |
| Form 30 | Submission on publicly notified application for water conservation order or for revocation or amendment of water conservation order |
| Form 31 | Instrument creating esplanade strip |
| Form 32 | Easement for access strip |
| Form 33 | Notice of person's wish to be party to proceedings |
| Form 34 | Notice of appeal to Environment Court (general) |
| Form 35 | Reply to appeal or request for inquiry |
| Form 36 | Notice of motion (general) |
| Form 37 | Notice of person's wish to be heard on notice of motion |
| Form 38 | Application for waiver or directions |
| Form 39 | Witness summons to local authority hearing, consent authority hearing, or other hearing |
| Form 40 | Witness summons to Environment Court hearing |
| Form 41 | Application for declaration |
| Form 42 | Notice of application for declaration |
| Form 43 | Application for enforcement order or interim enforcement order |
| Form 44 | Notice of application for enforcement order or interim enforcement order |
| Form 45 | Advice to accompany interim enforcement order |
| Form 46 | Application to change or cancel enforcement order or interim enforcement order |
| Form 47 | Notice of application to change or cancel enforcement order or interim enforcement order |
| Form 48 | Abatement notice |
| Form 49 | Notice of appeal to Environment Court against abatement notice |
| Form 50 | Application for stay of abatement notice |
The list of the forms was amended, as from 1 June 2006, by regulation 10(1)(a) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by substituting the words “application publicly notified or notice of which served under section 94(1)”
for the words “publicly notified application”
in the second column in relation to form 13.
The list of the forms was amended, as from 1 June 2006, by regulation 10(1)(b) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the words “matter of national significance,”
from the second column in relation to form 16.
Form 3 was amended, as from 1 June 2006, by regulation 10(2) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by inserting the words “(A signature is not required if you make your submission by electronic means.)”
under the word “Date”
.
Form 5 was amended, as from 1 June 2006, by regulation 10(2) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by inserting the words “(A signature is not required if you make your submission by electronic means.)”
under the word “Date”
.
Form 6 was amended, as from 1 June 2006, by regulation 10(2) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by inserting the words “(A signature is not required if you make your submission by electronic means.)”
under the word “Date”
.
Form 6 was amended, as from 1 June 2006, by regulation 10(3) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by substituting the words “I seek that the whole (or part [describe part]) of the submission be allowed (or disallowed):”
for the words “I seek the following decision from the local authority:”
.
Form 7 was amended, as from 1 June 2006, by regulation 10(4) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the heading “Contact details of Environment Court for lodging documents”
and all the material in the form that follows that heading.
Form 8 was amended, as from 1 June 2006, by regulation 10(4) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the heading “Contact details of Environment Court for lodging documents”
and all the material in the form that follows that heading.
Form 9 was amended, as from 1 June 2006, by regulation 10(5) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the words “(or regional council, in the case of a coastal permit)”
.
Form 10 was amended, as from 1 June 2006, by regulation 10(5) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the words “(or regional council, in the case of a coastal permit)”
.
Form 12 was amended, as from 1 June 2006, by regulation 10(6) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by inserting the expression “94D,”
after the expression “94C,”
in the line under the heading to this form.
Form 13 was substituted, as from 1 June 2006, by regulation 10(7) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).
Form 15 was amended, as from 1 June 2006, by regulation 10(2) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by inserting the words “(A signature is not required if you make your submission by electronic means.)”
under the word “Date”
.
Form 16 was amended, as from 1 June 2006, by regulation 10(8)(a) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the words “matter of national significance,”
from the heading to this form.
Form 16 was amended, as from 1 June 2006, by regulation 10(8)(b) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the expression “149(3),”
from the line under the heading to this form.
Form 16 was amended, as from 1 June 2006, by regulation 10(4) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the heading “Contact details of Environment Court for lodging documents”
and all the material in the form that follows that heading.
Form 21 was amended, as from 1 June 2006, by regulation 10(2) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by inserting the words “(A signature is not required if you make your submission by electronic means.)”
under the word “Date”
.
Form 22 was amended, as from 1 June 2006, by regulation 10(4) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the heading “Contact details of Environment Court for lodging documents”
and all the material in the form that follows that heading.
Form 24 was amended, as from 1 June 2006, by regulation 10(9)(a) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the words “You must lodge the original and 1 copy of this application with the Environment Court within 15 working days of receiving notice of the decision.”
.
Form 24 was amended, as from 1 June 2006, by regulation 10(9)(b) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by inserting the words “or heritage protection authority, as the case may be,”
after the words “requiring authority”
.
Form 30 was amended, as from 1 June 2006, by regulation 10(2) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by inserting the words “(A signature is not required if you make your submission by electronic means.)”
under the word “Date”
.
Form 33 was amended, as from 1 June 2006, by regulation 10(4) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the heading “Contact details of Environment Court for lodging documents”
and all the material in the form that follows that heading.
Form 34 was amended, as from 1 June 2006, by regulation 10(4) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the heading “Contact details of Environment Court for lodging documents”
and all the material in the form that follows that heading.
Form 35 was amended, as from 1 June 2006, by regulation 10(4) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the heading “Contact details of Environment Court for lodging documents”
and all the material in the form that follows that heading.
Form 36 was amended, as from 1 June 2006, by regulation 10(4) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the heading “Contact details of Environment Court for lodging documents”
and all the material in the form that follows that heading.
Form 37 was amended, as from 1 June 2006, by regulation 10(4) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the heading “Contact details of Environment Court for lodging documents”
and all the material in the form that follows that heading.
Form 38 was amended, as from 1 June 2006, by regulation 10(4) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the heading “Contact details of Environment Court for lodging documents”
and all the material in the form that follows that heading.
Form 41 was amended, as from 1 June 2006, by regulation 10(10) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the words “the Minister for the Environment and”
.
Form 41 was amended, as from 1 June 2006, by regulation 10(4) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the heading “Contact details of Environment Court for lodging documents”
and all the material in the form that follows that heading.
Form 42 was amended, as from 1 June 2006, by regulation 10(11)(a) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by substituting the words “[names and addresses of persons directly affected]”
for the words “the Minister for the Environment c/- Ministry for the Environment Wellington”
.
Form 42 was amended, as from 1 June 2006, by regulation 10(11)(b) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the words “And to [names and addresses of persons directly affected]”
.
Form 42 was amended, as from 1 June 2006, by regulation 10(4) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the heading “Contact details of Environment Court for lodging documents”
and all the material in the form that follows that heading.
Form 43 was amended, as from 1 June 2006, by regulation 10(4) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the heading “Contact details of Environment Court for lodging documents”
and all the material in the form that follows that heading.
Form 44 was amended, as from 1 June 2006, by regulation 10(4) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the heading “Contact details of Environment Court for lodging documents”
and all the material in the form that follows that heading.
Form 45 was amended, as from 1 June 2006, by regulation 10(4) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the heading “Contact details of Environment Court for lodging documents”
and all the material in the form that follows that heading.
Form 46 was amended, as from 1 June 2006, by regulation 10(4) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the heading “Contact details of Environment Court for lodging documents”
and all the material in the form that follows that heading.
Form 47 was amended, as from 1 June 2006, by regulation 10(4) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the heading “Contact details of Environment Court for lodging documents”
and all the material in the form that follows that heading.
Form 48 was amended, as from 1 June 2006, by regulation 10(12) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by adding the words “and, if possible, the person's address and date of birth”
after the word “applies”
.
Form 49 was amended, as from 1 June 2006, by regulation 10(13) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by substituting the expression “325(2)”
for the expression “325(3B)”
in the line under the heading to this form.
Form 49 was amended, as from 1 June 2006, by regulation 10(4) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the heading “Contact details of Environment Court for lodging documents”
and all the material in the form that follows that heading.
Form 50 was amended, as from 1 June 2006, by regulation 10(4) Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99) by omitting the heading “Contact details of Environment Court for lodging documents”
and all the material in the form that follows that heading.
Schedule 2 | r 34 |
| Application | Minister responsible | Fee ($) |
|---|---|---|
| For a coastal permit for a restricted coastal activity | Conservation | 250 |
| To become a requiring authority | Environment | 500 |
| To become a heritage protection authority | Environment | 250 |
| For a water conservation order | Environment | 1,000 |
| For work in coastal marine area | Transport | 100 |
| For marine farming in coastal marine area (transitional) | Fisheries | 100 |
Marie Shroff,
Clerk of the Executive Council.
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 1 August 2003, revoke and replace the Resource Management (Forms) Regulations 1991 The regulations prescribe forms, fees, and procedural requirements for the purposes of the Resource Management Act 1991 (the Act).
The main changes from the Resource Management (Forms) Regulations 1991 are as follows:
•the forms now include advice to applicants who use the forms and recipients of notices under these regulations:
•to reflect changes in the Environment Court, proceedings and documents must now be lodged with the proper office of the Environment Court, that is, in the registry designated in the regulations as the registry for a particular area:
•a range of notices and applications lodged with the Environment Court or with local authorities must attach certain information and documentation, but copies of notices and applications served on other persons need only attach a list of the documents included in the attachment, with a statement that the listed documents are available on request. If requested, the attachments must be provided as soon as reasonably practicable:
•the requirements relating to notices located on sites are removed, but there are now requirements, in specified circumstances, for affidavits of service to be lodged with the Registrar.
Date of notification in Gazette: 3 July 2003.
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