Form 1
Public notice of proposal or inquiry concerning national policy statement or review, change, or revocation of national policy statement

Sections 48 and 53, Resource Management Act 1991

The Minister for the Environment has prepared the following proposed national policy statement (or a proposal to review or change or revoke the following national policy statement) (the proposal):

[name of proposed or existing national policy statement].

The Minister for the Environment has also appointed a board of inquiry to inquire into, and report on, the proposal.

[Describe—

• the proposed national policy statement; or

• the proposal to review, change, or revoke the existing national policy statement.]

The proposal may be inspected or purchased at [place]. Please contact [name of person handling queries and contact phone number] if you have any questions about the proposal.

Any person may make a submission on the proposal. You may do so by sending a written submission in form 2 to the board of inquiry at [address and other contact details].

Submissions close on [closing date, which must be at least 20 working days after publication of this notice].

Your submission should state whether you support or oppose the proposal. You should state any changes that you want to the proposal. You should give reasons for your views.

Your submission must state whether or not you wish to be heard on the submission.

Form 2
Public notice of proposal for New Zealand coastal policy statement and inquiry

Section 57, Resource Management Act 1991

The Minister of Conservation has prepared the following proposed New Zealand coastal policy statement (or a proposal to review or change or revoke the following New Zealand coastal policy statement) (the proposal):

[name of proposed or existing New Zealand coastal policy statement].

The Minister of Conservation has also appointed a board of inquiry to inquire into, and report on, the proposal.

[Describe—

• the proposed New Zealand coastal policy statement; or

• the proposal to review, change, or revoke the existing New Zealand coastal policy statement.]

The proposal may be inspected or purchased at [place]. Please contact [name of person handling queries and contact phone number] if you have any questions about the proposal.

Any person may make a submission on the proposal. You may do so by sending a written submission in form 2 to the board of inquiry at [address and other contact details].

Submissions close on [closing date, which must be at least 20 working days after publication of this notice].

Your submission should state whether you support or oppose the proposal. You should state any changes that you want to the proposal. You should give reasons for your views.

Your submission must state whether or not you wish to be heard on the submission.

Form 3
Submission on proposal for national policy statement or New Zealand coastal policy statement

Sections 49 and 57, Resource Management Act 1991

• To the Chairperson

• Board of Inquiry

This is a submission on the following proposed national policy statement (or on the following proposed New Zealand coastal policy statement) (the proposal):

[name of proposed national policy statement or New Zealand coastal policy statement, with date of notice].

The specific provisions of the proposal that my submission relates to are:

[give details].

My submission is:

[include—

• whether you support or oppose the specific provisions or wish to have them amended; and

• the reasons for your views].

I seek the following changes to the proposal:

[give precise details].

I wish (or do not wish) to be heard in support of my submission.

*If others make a similar submission, I will consider presenting a joint case with them at a hearing.

• Schedule 1 form 3: amended, on 1 June 2006, by regulation 10(2) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

Form 4
Public notice of proposed policy statement or plan

Clause 5 of Schedule 1, Resource Management Act 1991

[Name of local authority] has prepared the following proposed policy statement (or the following proposed plan or a proposed change to the following policy statement or plan) (the proposal):

[name of proposed or existing policy statement or plan].

[Describe—

• the proposed policy statement or plan; or

• the proposed change to the existing policy statement or plan.]

The proposal may be inspected or purchased at [place]. Please contact [name of person handling queries and contact phone number] if you have any questions about the proposal.

Any person may make a submission on the proposal. You may do so by sending a written submission to [name of local authority] at [address and other contact details]. The submission must be in form 5 and must state whether or not you wish to be heard on your submission. Copies of this form are available from [name of local authority].

Submissions close on [closing date, which must be at least 40 working days after publication of this notice for a proposed policy statement or plan and at least 20 working days after publication of this notice for a change to an existing policy statement or plan].

The process for public participation in the consideration of the proposal under the Act is as follows:

• after the closing date for submission, [name of local authority] must prepare a summary of the submissions and this summary must be publicly notified; and

• there must be an opportunity to make a further submission in support of, or in opposition to, the submissions already made; and

• if a person making a submission asks to be heard in support of his or her submission, a hearing must be held; and

• [name of local authority] must give its decision on the proposal (including its reasons for accepting or rejecting submissions); and

• any person who has made a submission has the right to appeal the decision on the proposal to the Environment Court.

Form 5
Submission on publicly notified proposal for policy statement or plan

Clause 6 of Schedule 1, Resource Management Act 1991

To [name of local authority]

Name of submitter: [full name]

This is a submission on the following proposed policy statement (or on the following proposed plan or on a proposed change to the following policy statement or plan) (the proposal):

[name of proposed or existing policy statement or plan].

The specific provisions of the proposal that my submission relates to are:

[give details].

My submission is:

[include—

• whether you support or oppose the specific provisions or wish to have them amended; and

• reasons for your views].

I seek the following decision from the local authority:

[give precise details].

I wish (or do not wish) to be heard in support of my submission.

*If others make a similar submission, I will consider presenting a joint case with them at a hearing.

• Schedule 1 form 5: amended, on 1 June 2006, by regulation 10(2) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

Form 6
Further submission in support of, or in opposition to, submission on publicly notified proposed policy statement or plan

Clause 8 of Schedule 1, Resource Management Act 1991

To [name of local authority]

Name of person making further submission: [full name]

This is a further submission in support of (or in opposition to) a submission on the following proposed policy statement (or on the following proposed plan or on a proposed change to the following policy statement or plan):

[name of proposed or existing policy statement or plan].

I support (or oppose) the submission of:

[name and address of original submitter and submission number of original submission if available].

The particular parts of the submission I support (or oppose) are:

[clearly indicate which parts of the original submission you support or oppose, together with any relevant provisions of the proposal].

The reasons for my support (or opposition) are:

[give reasons].

I seek that the whole (or part [describe part]) of the submission be allowed (or disallowed):

[give precise details].

I wish (or do not wish) to be heard in support of my further submission.

*If others make a similar submission, I will consider presenting a joint case with them at a hearing.

A copy of your further submission must be served on the original submitter within 5 working days after making the further submission to the local authority.

• Schedule 1 form 6: amended, on 1 June 2006, by regulation 10(2) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 6: amended, on 1 June 2006, by regulation 10(3) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

Form 7
Notice of appeal to Environment Court against decision on proposed policy statement or plan

Clause 14(1) of Schedule 1, Resource Management Act 1991

• To the Registrar

• Environment Court

• Auckland, Wellington, and Christchurch

I, [full name], appeal against a decision (or part of a decision) of [name of local authority] on the following policy statement (or plan):

[state the name of the proposed or existing policy statement or plan to which the decision relates].

I made a submission on that policy statement (or plan).

I received notice of the decision on [date].

The decision was made by [name of authority].

The decision (or part of the decision) that I am appealing is:

[state—

• a summary of the decision or part of the decision; and

• the specific provision or matter that the decision includes in, or excludes from, the policy statement or plan (or that the decision proposes to include or exclude)].

The reasons for the appeal are as follows:

[set out why you are appealing the decision or part of the decision and give reasons for your views].

I seek the following relief:

[give precise details].

I attach the following documents* to this notice:

• (a)a copy of my submission or further submission (with a copy of the submission opposed or supported by my further submission):

• (b)a copy of the relevant decision (or part of the decision):

• (c)any other documents necessary for an adequate understanding of the appeal:

• (d)a list of names and addresses of persons to be served with a copy of this notice.

You must lodge the original and 1 copy of this notice with the Environment Court within 30 working days of being served with notice of the decision to be appealed. The notice must be signed by you or on your behalf. You must pay the filing fee required by regulation 35 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003.

You must serve a copy of this notice on the local authority that made the decision and on the Minister of Conservation (if the appeal is on a regional coastal plan), within 30 working days of being served with a notice of the decision.

You must also serve a copy of this notice on every person who made a submission to which the appeal relates within 5 working days after the notice is lodged with the Environment Court.

Within 10 working days after lodging this notice, you must give written notice to the Registrar of the Environment Court of the name, address, and date of service for each person served with this notice.

However, you may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above timing or service requirements (see form 38).

How to become party to proceedings

You may be a party to the appeal if you made a submission on the matter of this appeal and you lodge a notice of your wish to be a party to the proceedings (in form 33) with the Environment Court within 30 working days after this notice was lodged with the Environment Court.

You may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above timing requirements (see form 38).

The copy of this notice served on you does not attach a copy of the appellant's submission and (or or) the decision (or part of the decision) appealed. These documents may be obtained, on request, from the appellant.

If you have any questions about this notice, contact the Environment Court Unit of the Ministry of Justice in Auckland, Wellington, or Christchurch.

• Schedule 1 form 7: amended, on 1 June 2006, by regulation 10(4) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 7: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Form 8
Notice of appeal to Environment Court against decision of requiring authority or heritage protection authority on proposed policy statement or plan

Clause 14(3) of Schedule 1, Resource Management Act 1991

• To the Registrar

• Environment Court

• Auckland, Wellington, or Christchurch

I, [full name], appeal against a decision (or part of a decision) of [name of local authority or requiring authority or heritage protection authority, as appropriate] on the following policy statement (or plan):

[state the name of the proposed or existing policy statement or plan to which the decision relates].

I made a submission on that policy statement (or plan).

I received notice of the decision on [date].

The decision was made by [name of authority].

The decision (or part of the decision) that I am appealing is:

[state—

• a summary of the decision or part of the decision; and

• the specific provision or matter that the decision includes in, or excludes from, the policy statement or plan (or that the decision proposes to include or exclude)].

The reasons for the appeal are as follows:

[set out why you are appealing the decision or part of the decision and give reasons for your views].

I seek the following relief:

[give precise details].

I attach the following documents* to this notice:

• (a)a copy of my submission:

• (b)a copy of the relevant decision (or part of the decision):

• (c)any other documents necessary for an adequate understanding of the appeal:

• (d)a list of names and addresses of persons to be served with a copy of this notice.

You must lodge the original and 1 copy of this notice with the Environment Court within 30 working days of being served with notice of the decision to be appealed. The notice must be signed by you or on your behalf. You must pay the filing fee required by regulation 35 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003.

You must serve a copy of this notice on the requiring authority that made the decision and on the territorial authority that made the recommendation within 30 working days of being served with a notice of the decision.

You must also serve a copy of this notice on 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 with the Environment Court.

Within 10 working days after lodging this notice, you must give written notice to the Registrar of the Environment Court of the name, address, and date of service for each person served with this notice.

However, you may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above timing or service requirements (see form 38).

How to become party to proceedings

You may be a party to the appeal if you made a submission on the matter of this appeal and you lodge a notice of your wish to be a party to the proceedings (in form 33) with the Environment Court within 30 working days after this notice was lodged with the Environment Court.

You may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above timing requirements (see form 38).

The copy of this notice served on you does not attach a copy of the appellant's submission and (or or) the decision (or part of the decision) appealed. These documents may be obtained, on request, from the appellant.

If you have any questions about this notice, contact the Environment Court Unit of the Ministry of Justice in Auckland, Wellington, or Christchurch.

• Schedule 1 form 8: amended, on 1 June 2006, by regulation 10(4) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 8: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Form 9
Application for resource consent

Section 88, Resource Management Act 1991

To [name of local authority]

I, [full name], apply for the following type(s) of resource consent:

[for any activity in the coastal marine area, state coastal permit. Otherwise state 1 or more of the following: land use consent, subdivision consent, water permit, or discharge permit. Describe the activity to which the application relates].

*The names and addresses of the owner and occupier (other than the applicant) of land to which the application relates are as follows:

[give names and addresses].

The location of the proposed activity is as follows:

[describe the location as it is commonly known and in a way that will enable it to be easily identified (eg, the street address, the legal description, the name of any relevant stream, river, or other water body to which the application relates, proximity to any well-known landmark, the grid reference (if known))].

No additional resource consents are needed for the proposed activity (or The following additional resource consents are needed for the proposed activity and have (or have not) been applied for: [give details]).

I attach, in accordance with Schedule 4 of the Resource Management Act 1991, an assessment of environmental effects in the detail that corresponds with the scale and significance of the effects that the proposed activity may have on the environment.

I attach any information required to be included in this application by the district plan, the regional plan, the Resource Management Act 1991, or any regulations made under that Act.

[List all documents that you are attaching.]

*As this is an application for a subdivision consent, I attach information that is sufficient to adequately define—

• (a)the position of all new boundaries; and

• †(b)the areas of all new allotments; and

• (c)the locations and areas of new reserves to be created, including any esplanade reserves and esplanade strips; and

• (d)the locations and areas of any existing esplanade reserves, esplanade strips, and access strips; and

• (e)the locations and areas of land below mean high water springs of the sea, or of any part of the bed of a river or lake, to be vested in the Crown or local authority under section 237A of the Resource Management Act 1991; and

• (f)the locations and areas of land to be set aside as new roads.

*As this is an application for a resource consent for reclamation, I attach information to show the area proposed to be reclaimed, including its location, the position of all new boundaries, and the portion of that area (if any) to be set apart as an esplanade reserve or esplanade strip.

You may apply for 2 or more resource consents that are needed for the same activity on the same form.

You must pay the charge payable to the consent authority for the resource consent application under the Resource Management Act 1991 (if any). If the application is for a coastal permit for a restricted coastal activity, you must also pay the application fee stated in Schedule 2 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003.

• Schedule 1 form 9: amended, on 1 June 2006, by regulation 10(5) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

Form 10
Application for change or cancellation of resource consent condition

Section 127, Resource Management Act 1991

To [name of local authority]

I, [full name], apply for a change (or cancellation) of a condition of a resource consent.

My application relates to the following resource consent:

[briefly describe the type and location of the resource consent].

My application relates to the following specific condition of the resource consent:

*The proposed change is as follows:

[give details].

I attach, in accordance with Schedule 4 of the Resource Management Act 1991, an assessment of environmental effects in the detail that corresponds with the scale and significance of the effects that a change to, or cancellation of, the activity may have on the environment.

I attach any information required to be included in this application by the district plan, the regional plan, the Resource Management Act 1991, or any regulations made under that Act.

[List all documents that you are attaching.]

You must pay the charge payable to the consent authority for the application to change or cancel a condition of a resource consent under the Resource Management Act 1991 (if any).

• Schedule 1 form 10: amended, on 1 June 2006, by regulation 10(5) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

Form 11
Application for transfer of water permit

Section 136(2)(b)(ii) and (4)(a), Resource Management Act 1991

To [name of consent authority]

I, [full name of holder of water permit], and I, [full name of transferee], apply to transfer the following water permit (or the following part of a water permit):

[state number and description of water permit and the site to which it applies as the site is commonly known and in a way that will enable it to be easily identified (including the name of the stream, river, or water body). If application is to transfer only part of the water permit, clearly describe which part].

We attach a copy of the water permit.

The application is to transfer the water permit with effect on [date].

The proposed site of the transferred water permit is:

[describe the site as it is commonly known and in a way that will enable it to be easily identified (including the name of the stream, river, or water body)].

We attach, in accordance with Schedule 4 of the Resource Management Act 1991, an assessment of environmental effects in the detail that corresponds with the scale and significance of the effects that the proposed activity may have on the environment.

We attach any information required to be included in this application by the district plan, the regional plan, the Resource Management Act 1991, or any regulations made under that Act.

[List documents that you are attaching.]

You must pay the charge payable to the consent authority for an application to transfer a water permit under the Resource Management Act 1991 (if any).

Form 12
Public notice of application concerning resource consent, water permit, or esplanade strip

Sections 93(2), 94C, 94D, 127, 136(4)(b), and 234(4), Resource Management Act 1991

[Name of consent authority] has received an application from [name of applicant] for a resource consent (or for a change or cancellation of a condition of a resource consent or for a transfer of a water permit or for a variation or cancellation of an instrument creating an esplanade strip).

[Describe—

• if an application for a resource consent, the type, proposed activity, and location of the resource consent:

• if an application for a change or cancellation of a condition of a resource consent, the type and location of the resource consent, the relevant condition, and any proposed change:

• if an application for a transfer of a water permit, the site for which the water permit has been granted:

• if an application for a variation or cancellation of an instrument creating an esplanade strip, a description of the strip and its location and any proposed variation.]

The application includes an assessment of environmental effects.

The application may be inspected at [place]. Please contact [name of person handling queries and contact phone number] if you have any questions about the application.

Any person may make a submission on the application. You may do so by sending a written submission to [name of consent authority] at [address and other contact details]. The submission must be in form 13. Copies of this form are available from [name of consent authority].

Submissions close on [closing date, which must be the 20th working day after this public notice or the date to which an extension of time is granted by the consent authority].

You must serve a copy of your submission on [name of applicant] (the applicant), whose address for service is [address for service of applicant], as soon as reasonably practicable after serving your submission on [name of consent authority].

• Schedule 1 form 12 heading: amended, on 1 June 2006, by regulation 10(6) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

Form 13
Submission on application publicly notified or notice of which served under section 94(1) concerning resource consent, water permit, or esplanade strip

Sections 94(1), 96, 127(3), 136(4), and 234(4), Resource Management Act 1991

To [name of consent authority]

Name of submitter: [full name]

This is a submission on an application from [name of applicant] for a resource consent (or for a change or cancellation of a condition of a resource consent or for a transfer of a water permit or for a variation or cancellation of an instrument creating an esplanade strip).

[Briefly describe—

• if an application for a resource consent, the type, proposed activity, and location of the resource consent:

• if an application for a change or cancellation of a condition of a resource consent, the type and location of the resource consent, the relevant condition, and any proposed change:

• if an application for a transfer of a water permit, the site for which the water permit has been granted:

• if an application for a variation or cancellation of an instrument creating an esplanade strip, a description of the strip and its location and any proposed variation.]

The specific parts of the application that my submission relates to are—

[give details].

My submission is—

[include—

• whether you support or oppose the application or specific parts of it:

• whether you are neutral regarding the application or specific parts of it:

• the reasons for your views].

I seek the following decision from the consent authority:

[give precise details, including the parts of the application you wish to have amended and the general nature of any conditions sought].

I wish (or do not wish) to be heard in support of my submission.

*If others make a similar submission, I will consider presenting a joint case with them at the hearing.

The closing date for serving submissions on the consent authority is the 20th working day after public notification is given under section 93 or notice is served under section 94(1) of the Resource Management Act 1991.

You must serve a copy of your submission on the applicant as soon as is reasonably practicable after you have served your submission on the consent authority.

• Schedule 1 form 13: substituted, on 1 June 2006, by regulation 10(7) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

Form 14
Public notice of review of resource consent conditions by consent authority

Section 130, Resource Management Act 1991

[Name of consent authority] has served notice on [name of consent holder], the consent holder, of its intention to review the conditions of the following resource consent (the review):

[describe the type and location of the resource consent and the activity to which it relates].

This public notice summarises the notice of the review served on the consent holder.

The review is of the following condition(s):

[give details].

The reasons for the review are:

[give details].

*[Name of consent authority] took the following information into account in making its decision to review the consent:

*[Name of consent authority] proposed the following new resource consent conditions:

*The consent holder was invited to propose new resource consent conditions.

The resource consent under review may be inspected at [place]. Please contact [name of person handling queries and contact phone number] if you have any questions about the review.

Any person may make a submission on the review. You may do so by sending a written submission to [name of consent authority] at [address and other contact details]. The submission must be in form 15. Copies of this form are available from [name of consent authority].

Submissions close on [closing date, which must be the 20th working day after this public notice or the date to which an extension of time is granted by the consent authority].

You must serve a copy of your submission on the consent holder, whose address for service is [address for service of consent holder], as soon as reasonably practicable after serving your submission on [name of consent authority].

Form 15
Submission on publicly notified review of resource consent conditions by consent authority

Section 130(1), Resource Management Act 1991

To [name of consent authority]

Name of submitter: [full name]

This is a submission on a review of the conditions of the following resource consent:

[briefly describe the type and location of the resource consent under review].

The specific parts of the review that my submission relates to are:

[give details].

My submission is:

[include—

• whether you support or oppose the specific parts of the review or wish to have them amended; and

• reasons for your views].

I seek the following decision from the consent authority:

[give precise details, including the general nature of any conditions sought].

I wish (or do not wish) to be heard in support of my submission.

*If others make a similar submission, I will consider presenting a joint case with them at a hearing.

You must serve a copy of your submission on the consent holder as soon as reasonably practicable after you have served your submission on the consent authority.

• Schedule 1 form 15: amended, on 1 June 2006, by regulation 10(2) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

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

Sections 118(6), 121, 127(3), 132(2), 136(4)(b), 139(6), and 234(4), Resource Management Act 1991

• To the Registrar

• Environment Court

• Auckland, Wellington, or Christchurch

I, [full name], appeal a decision (or part of a decision) (or seek an inquiry of a recommendation or part of a recommendation) on the following matter:

[briefly describe the application or the review of consent conditions to which the appealed decision or recommendation relates in enough detail to identify the relevant matter].

I am the applicant (or I am the consent holder or I made a submission on that application or review of consent conditions).

I received notice of the decision (or recommendation) on [date].

The decision (or recommendation) was made by [name of authority, Minister, or committee].

The decision (or recommendation or part of the decision or recommendation) I am appealing (or seeking an inquiry of) is:

[state a summary of the decision or recommendation or part of the decision or recommendation].

The land (or resource) affected is:

[give description].

The reasons for the appeal (or inquiry) are as follows:

[set out why you are appealing or seeking an inquiry and give reasons for your views].

I seek the following relief:

[give precise details].

I attach the following documents* to this notice:

• (a)a copy of my application (or submission or further submission (with a copy of the submission opposed or supported by my further submission)):

• (b)a copy of the relevant decision (or recommendation or part of the decision or recommendation):

• (c)any other documents necessary for an adequate understanding of the appeal or inquiry:

• (d)a list of names and addresses of persons to be served with a copy of this notice.

You may use this form to lodge an appeal and to request an inquiry.

You must lodge the original and 1 copy of this notice with the Environment Court within 15 working days of receiving notice of the decision. The notice must be signed by you or on your behalf. You must pay the filing fee required by regulation 35 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003.

You must serve a copy of this notice on the consent authority within 15 working days of receiving notice of the decision.

If the notice relates to a recommendation of a hearing committee on a restricted coastal activity, you must also serve a copy of this notice on the Minister of Conservation on the same day as the notice is lodged with the Environment Court.

You must also serve a copy of this notice on the applicant or consent holder and on every person who made a submission on the application or review of consent conditions within 5 working days of lodging it with the Environment Court.

Within 10 working days after lodging this notice, you must give written notice to the Registrar of the Environment Court of the name, address, and date of service for each person served with this notice.

However, you may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above timing or service requirements (see form 38).

How to become party to proceedings

You may be a party to the appeal if you lodge a notice of your wish to be a party to the proceedings (in form 33) with the Environment Court within 30 working days after this notice was lodged with the Environment Court.

You may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above timing requirements (see form 38).

The copy of this notice served on you does not attach a copy of the relevant application (or submission) and (or or) the relevant decision (or recommendation or part of the decision or recommendation). These documents may be obtained, on request, from the appellant.

If you have any questions about this notice, contact the Environment Court Unit of the Ministry of Justice in Auckland, Wellington, or Christchurch.

• Schedule 1 form 16 heading: amended, on 1 June 2006, by regulation 10(8)(a) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 16: amended, on 1 June 2006, by regulation 10(4) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 16: amended, on 1 June 2006, by regulation 10(8)(b) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 16: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Form 17
Application to become requiring authority

Section 167, Resource Management Act 1991

• To the Minister of the Environment

• c/- Ministry for the Environment

• Wellington

[Full name] applies for approval to become a requiring authority.

[Full name of applicant] is a network utility operator as defined in section 166 of the Resource Management Act 1991 because:

[give evidence of how the applicant qualifies as a network utility operator, including full details of any Order in Council or other instrument that establishes the applicant as a network utility operator].

The application relates to the following project or work (or network utility operation):

[give a full description, including the location(s) of the project or work or network utility operation (with maps). Include the name of the territorial authorities in whose district the project or work or network utility operation will occur].

Approval of this application is appropriate for the purposes of carrying out that project or work (or network utility operation) because:

[state the applicant’s objectives, duties, and responsibilities and how the project or work or network utility operation relates to them. Also state any consequences for the applicant in achieving those objectives, duties, and responsibilities if approval is declined].

[Full name of applicant] will carry out all the responsibilities (including financial responsibilities) of a requiring authority under the Resource Management Act 1991 and will give proper regard to the interests of those affected and to the interests of the environment in the following way:

[give details as to how the applicant will meet these responsibilities and of the applicant's ability to meet these financial responsibilities (including examples of the applicant's business history). If possible, include a copy of the applicant's latest annual report or other financial statements and any of the applicant's environmental and consultation policies].

You must pay the application fee set out in Schedule 2 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003 with this application.

Form 18
Notice of requirement by Minister, local authority, or requiring authority for designation or alteration of designation

Sections 168(1), (2) and 181 and clause 4 of Schedule 1, Resource Management Act 1991

To [name of territorial authority]

[Full name] gives notice of a requirement for a designation (or for an alteration to a designation) for a public work (or for a project or work or in respect of any land, water, subsoil, or airspace where a restriction is necessary for the safe or efficient functioning or operation of a public work or project or work).

The site to which the requirement applies is as follows:

[describe the site as it is commonly known and in a way that will enable it to be easily identified (eg, the street address, the legal description, proximity to any well-known landmark, the grid reference (if known))].

The nature of the proposed public work (or project or work) is:

[give details].

*The nature of the proposed restrictions that would apply are:

[give details].

The effects that the public work (or project or work) will have on the environment, and the ways in which any adverse effects will be mitigated, are:

[give details].

Alternative sites, routes, and methods have been considered to the following extent:

[give details].

The public work (or project or work) and designation (or alteration) are reasonably necessary for achieving the objectives of the requiring authority because:

[give details].

*The following resource consents are needed for the proposed activity and have (or have not) been applied for:

[give details].

The following consultation (or No consultation) has been undertaken with parties that are likely to be affected:

[give details].

[Full name of person giving notice] attaches the following information required to be included in this notice by the district plan, regional plan, or any regulations made under the Resource Management Act 1991.

[List documents that you are attaching.]

You must pay any charge payable to the territorial authority for the requirement or alteration to the requirement under the Resource Management Act 1991.

Form 19
Public notice of requirement by Minister, local authority, or requiring authority for designation or alteration of designation

Sections 169 and 181, Resource Management Act 1991

[Name of territorial authority] has received notice of a requirement for a designation (or an alteration to a designation) from [name of Minister, local authority, or requiring authority giving notice of requirement].

The requirement is for:

[describe what is sought in the notice of requirement].

The site to which the requirement applies is as follows:

[describe the site as it is commonly known and in a way that will enable it to be easily identified].

The notice of requirement may be inspected at [place]. Please contact [name of person handling queries and contact phone number] if you have any questions about the notice of requirement.

Any person may make a submission on the notice of requirement. You may do so by sending a written submission to [name of territorial authority] at [address and other contact details]. The submission must be in form 21. Copies of this form are available from [name of territorial authority].

Submissions close on [closing date, which must be the 20th working day after this public notice].

You must serve a copy of your submission on [name of person giving notice of requirement], whose address for service is [address for service of person giving notice of requirement], as soon as reasonably practicable after serving your submission on [name of territorial authority].

Form 20
Public notice of territorial authority's requirement for designation or alteration of designation

Sections 168A and 181(4), Resource Management Act 1991

[Name of territorial authority] gives notice of its requirement for a designation (or for an alteration of a designation) for a public work (or in respect of any land, water, subsoil, or airspace where a restriction is necessary for the safe or efficient functioning or operation of a public work).

The site to which the requirement applies is as follows:

[describe the site as it is commonly known and in a way that will enable it to be easily identified (eg, the street address, the legal description, proximity to any well-known landmark, the grid reference (if known))].

The nature of the proposed work is:

[give details].

*The nature of the proposed restrictions that would apply is:

[give details].

The effects that the public work will have on the environment, and the ways in which any adverse effects will be mitigated, are:

[give details].

Alternative sites, routes, and methods have been considered to the following extent:

[give details].

The public work and designation (or alteration) are reasonably necessary for achieving the objectives of the territorial authority because:

[give details].

*The following resource consents are needed for the proposed activity and have (or have not) been applied for:

[give details].

The following consultation (or No consultation) has been undertaken with parties that are likely to be affected:

[give details].

Please contact [name of person handling queries and contact phone number] if you have any questions about the requirement.

Any person may make a submission on the requirement. You may do so by sending a written submission to [name of territorial authority] at [address and other contact details]. The submission must be in form 21. Copies of this form are available from [name of territorial authority].

Submissions close on [closing date, which must be the 20th working day after this public notice].

Form 21
Submission on publicly notified requirement for designation or heritage order or alteration of designation or heritage order

Sections 168A, 169, 181, 189A, 190, and 192(f), Resource Management Act 1991

To [name of territorial authority]

Name of submitter: [full name]

This is a submission on a notice of requirement from [name of territorial or other local authority, Minister, requiring authority, or heritage protection authority who gave notice of requirement] for a designation (or a heritage order or an alteration to a designation or an alteration to a heritage order) (the notice of requirement).

[Briefly describe—

• the relevant designation, heritage order, or alteration; and

• the site or place to which the designation or heritage order applies.]

The specific parts of the notice of requirement that my submission relates to are:

[give details].

My submission is:

[include—

• whether you support or oppose the specific parts of the notice of requirement or wish to have them amended; and

• reasons for your views].

I seek the following recommendation or decision from the territorial authority:

[give precise details, including the general nature of any conditions sought].

I wish (or do not wish) to be heard in support of my submission.

*If others make a similar submission, I will consider presenting a joint case with them at a hearing.

You must serve a copy of your submission on the person who gave the notice of requirement as soon as reasonably practicable after you have served your submission on the territorial authority (unless the territorial authority itself gave the notice of requirement).

• Schedule 1 form 21: amended, on 1 June 2006, by regulation 10(2) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

Form 22
Notice of appeal to Environment Court against decision concerning requirement for designation or heritage order

Sections 174, 181, and 192(c) and (f), Resource Management Act 1991

• To the Registrar

• Environment Court

• Auckland, Wellington, and Christchurch

I, [full name], appeal a decision (or part of a decision) on a notice of requirement for a designation (or a heritage order or an alteration of a designation or an alteration of a heritage order) for:

[briefly describe the designation, heritage order, or alteration in enough detail to identify the relevant matter].

I made a submission on the notice of requirement (or I am the territorial authority that made the recommendation on the notice of requirement).

I received notice of the decision on [date].

The decision was made by [name of requiring authority or heritage protection authority].

The decision (or part of the decision) I am appealing is:

[state a summary of the decision or part of the decision].

The site or place to which the requirement applies is:

[give description].

The reasons for the appeal are as follows:

[set out why you are appealing and give reasons for your views].

I seek the following relief:

[give precise details].

I attach the following documents* to this notice:

• (a)a copy of my submission (or further submission (with a copy of the submission opposed or supported by my further submission, or recommendation)):

• (b)a copy of the relevant decision (or part of the decision):

• (c)any other documents necessary for an adequate understanding of the appeal:

• (d)a list of names and addresses of persons to be served with a copy of this notice.

You must lodge the original and 1 copy of this notice with the Environment Court within 15 working days of receiving notice of the decision (if it is an appeal under section 174 or section 192(c) of the Resource Management Act 1991).

The notice must be signed by you or on your behalf. You must pay the filing fee required by regulation 35 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003.

For an appeal under section 174 or section 192(c) of the Resource Management Act 1991, you must serve a copy of this notice on the requiring authority or heritage protection authority within 15 working days of receiving notice of the decision. You must also serve a copy of this notice on the territorial authority and on every person who made a submission on the notice of requirement within 5 working days of lodging it with the Environment Court.

Within 10 working days after lodging this notice, you must give written notice to the Registrar of the Environment Court of the name, address, and date of service for each person served with this notice.

However, you may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above timing or service requirements (see form 38).

How to become party to proceedings

You may be a party to the appeal if you made a submission on the matter of this appeal and you lodge a notice of your wish to be a party to the proceedings (in form 33) with the Environment Court within 30 working days after this notice was lodged with the Environment Court.

You may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above timing requirements (see form 38).

The copy of this notice served on you does not attach a copy of the relevant submission (or recommendation) and (or or) the relevant decision (or part of the decision). These documents may be obtained, on request, from the appellant.

If you have any questions about this notice, contact the Environment Court Unit of the Ministry of Justice in Auckland, Wellington, or Christchurch.

• Schedule 1 form 22: amended, on 1 June 2006, by regulation 10(4) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 22: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Form 23
Notice of removal of designation or heritage order or part of designation or heritage order

Sections 182 and 196, Resource Management Act 1991

To [name of territorial authority]

And to [names and addresses of persons known by requiring authority or heritage protection authority to be owners or occupiers of any land to which the designation or heritage order relates]

And to [names and addresses of every other person who, in the opinion of the requiring authority or heritage protection authority, is likely to be affected by the designation or heritage order]

[Full name of requiring authority or heritage protection authority] gives notice that it no longer requires the following designation (or heritage order or part of a designation or part of a heritage order):

[briefly describe the designation, heritage order, or part in enough detail to identify the relevant matter and the site or place to which the designation or heritage order applies].

[Full name of requiring authority or heritage protection authority] requests the territorial authority to amend the district plan accordingly as required by section 182 (or section 196) of the Resource Management Act 1991.

Form 24
Application to Environment Court for order obliging requiring authority or heritage protection authority to take land

Sections 185 and 198, Resource Management Act 1991

• To the Registrar

• Environment Court

• Auckland, Wellington, and Christchurch

I, [full name], apply for an order obliging a requiring authority to acquire (or lease) all (or part) of an estate or interest in land under the Public Works Act 1981.

I am an owner of that estate or interest in land.

The land for which the order is sought is:

[give street address and legal description of land].

The nature of my estate or interest in the land is:

[eg, owner, lessee].

The land is subject to the following designation (or requirement):

[give details].

The name of the requiring authority is:

[give details].

The designation (or requirement) was placed on the land on [date].

The grounds for this application are:

[give details].

I attach the following documents:

• (a)an affidavit that contains evidence in support of this application; and

• (b)the names of the requiring authority and territorial authority served with a copy of this application.

The application must be signed by you or on your behalf. You must pay the filing fee required by regulation 35 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003.

You must serve a copy of this application on the requiring authority or heritage protection authority, as the case may be, and the relevant territorial authority.

• Schedule 1 form 24: amended, on 1 June 2006, by regulation 10(9)(a) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 24: amended, on 1 June 2006, by regulation 10(9)(b) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

Form 25
Application to become heritage protection authority

Section 188, Resource Management Act 1991

• To the Minister of the Environment

• c/- Ministry for the Environment

• Wellington

[Full name] applies for approval to become a heritage protection authority.

[Full name of applicant] is a body corporate having an interest in the protection of the place to which this application relates for the following reasons:

[give evidence of incorporation, including certificate, objects, and rules, and describe how the protection of the place will fit with the applicant's purpose, objectives, and powers].

The application relates to the following place:

[describe the place as it is commonly known and in a way that will enable it to be easily identified (eg, the street address or the legal description and any particular feature, structure, or area and include a map or maps)].

Approval of this application is appropriate for the protection of that place because:

[state fully any steps the applicant or any other person has taken to protect the place before making the application. Include details of any other means available to protect the place. State any consequences for the protection of the place if the applicant is not approved as a heritage protection authority. Describe any consultation undertaken in relation to protecting the place].

[Full name of applicant] will carry out all the responsibilities (including financial responsibilities) of a heritage protection authority under the Resource Management Act 1991 in the following way:

[give details as to how the applicant will meet these responsibilities and of the applicant’s ability to meet these financial responsibilities (for example, by showing what is understood about the role of a heritage protection authority, and information on the applicant’s experience and expertise). If possible, include a copy of the applicant’s latest annual report or other financial statements and any environmental policies of the applicant].

You must pay the application fee set out in Schedule 2 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003 with this application.

Form 26
Notice of requirement by heritage protection authority for heritage order or alteration of heritage order

Sections 189 and 192(f), Resource Management Act 1991

To [name of territorial authority]

[Full name] gives notice of a requirement for a heritage order (or for an alteration to a heritage order).

The place and surrounding area to which the requirement applies are as follows:

[describe the place and surrounding area as they are commonly known and in a way that will enable them to be easily identified (eg, the street address, the legal description, proximity to any well-known landmark, the grid reference (if known))].

*The existing restrictive conditions applying to the place or surrounding area are:

[give details].

*The new restrictive conditions that will apply to the place or surrounding area are:

[give details].

The effects that the heritage order (or alteration) will have on the present use of the place and surrounding area, and the extent to which the present and other uses may continue or commence without nullifying the effect of the heritage order (or alteration), are:

[give details].

The place merits protection because:

[state whether it is a place of special interest, character, intrinsic or amenity value, or visual appeal, or of special significance to the tangata whenua for spiritual, cultural, or historical reasons].

The heritage order (or alteration) is needed because:

[include why the requirement is reasonably necessary for protecting the place].

The inclusion of the area surrounding the place is necessary for the purpose of ensuring the protection and reasonable enjoyment of the place because:

[give details].

*The following provisions and plans are relevant to the requirement:

[list the relevant provisions of any relevant national policy statement, New Zealand coastal policy statement, regional policy statement, regional plan, district plan, or management plan or strategy approved under any other Act which relate to the place].

The following consultation has been undertaken with parties that are likely to be affected (or No consultation has been undertaken with parties likely to be affected because):

[if consultation has been undertaken, include details of any arrangement made for the upkeep of the place and surrounding area].

[Full name of heritage protection authority] attaches any information required to be included in this notice by the district plan, regional plan, or any regulations made under the Resource Management Act 1991.

[List the documents attached to this notice.]

You must pay any charge payable to the territorial authority for the requirement or alteration to the requirement under the Resource Management Act 1991.

Form 27
Public notice of requirement by heritage protection authority for heritage order or alteration of heritage order

Sections 190(2) and 192(f), Resource Management Act 1991

[Name of territorial authority] has received notice of a requirement for a heritage order (or an alteration to a heritage order) from [name of heritage protection authority giving notice of requirement].

The requirement is for:

[describe what is sought in the notice of requirement].

The place to which the requirement applies is as follows:

[describe the place as it is commonly known and in a way that will enable it to be easily identified].

The notice of requirement may be inspected at [place]. Please contact [name of person handling queries and contact phone number] if you have any questions about the notice of requirement.

Any person may make a submission on the notice of requirement. You may do so by sending a written submission to [name of territorial authority] at [address and other contact details]. The submission must be in form 21. Copies of this form are available from [name of territorial authority].

Submissions close on [closing date, which must be the 20th working day after this public notice].

You must serve a copy of your submission on [name of heritage protection authority], whose address for service is [address for service of heritage protection authority], as soon as reasonably practicable after serving your submission on [name of territorial authority].

Form 28
Public notice of territorial authority's requirement for heritage order or alteration of heritage order

Sections 189A and 192(f), Resource Management Act 1991

[Name of territorial authority] gives notice of its requirement for a heritage order (or for an alteration to a heritage order).

The place and surrounding area to which the requirement applies are as follows:

[describe the place and surrounding area as they are commonly known and in a way that will enable them to be easily identified (eg, the street address, the legal description, proximity to any well-known landmark, the grid reference (if known))].

*The existing restrictive conditions applying to the place or surrounding area are:

[give details].

*The new restrictive conditions that will apply to the place or surrounding area under the requirement (or alteration) are:

[give details].

The effects that the heritage order (or alteration) will have on the present use of the place and surrounding area, and the extent to which the present and other uses may continue or commence without nullifying the effect of the heritage order (or alteration), are:

[give details].

The place merits protection because:

[state whether it is a place of special interest, character, intrinsic or amenity value, or visual appeal, or of special significance to the tangata whenua for spiritual, cultural, or historical reasons].

The heritage order (or alteration) is needed because:

[include why the requirement is reasonably necessary for protecting the place].

The inclusion of the area surrounding the place is necessary for the purpose of ensuring the protection and reasonable enjoyment of the place because:

[give details].

The following consultation has been undertaken with parties that are likely to be affected (or No consultation has been undertaken with parties likely to be affected because):

[if consultation has been undertaken, include details of any arrangement made for the upkeep of the place and surrounding area].

Please contact [name of person handling queries and contact phone number] if you have any questions about the requirement.

Any person may make a submission on the requirement. You may do so by sending a written submission to [name of territorial authority] at [address and other contact details]. The submission must be in form 21. Copies of this form are available from [name of territorial authority].

Submissions close on [closing date, which must be the 20th working day after this public notice].

Form 29
Public notice of application for water conservation order or for revocation or amendment of water conservation order

Sections 204 and 216, Resource Management Act 1991

The Minister for the Environment has received an application for a water conservation order (or for a revocation or amendment of a water conservation order) for [water body] from [name of applicant].

[Describe the application and the reasons for the application.]

The Minister for the Environment has appointed a special tribunal to hear and report on the application. The special tribunal may consider matters wider than the matters raised in the application.

The application and any relevant information held by the special tribunal may be inspected at [place]. Please contact [name of person handling queries and contact phone number] if you have any questions about the application.

Any person may make a submission on the application. You may do so by sending a written submission to the special tribunal at [address and other contact details]. The submission must be in form 30. Copies of this form are available from the special tribunal.

*If you support the order but you prefer to preserve a different but related water body in the same catchment or if you prefer to preserve different features and qualities of the water body, your submission must state your preference and give reasons for your preferences. In giving reasons, you must refer, if practicable, to the matters set out in sections 199, 200, and 207 of the Resource Management Act 1991. You must also describe the provisions that you think should be included in the order and the effects that those provisions would have on the water body.

Submissions close on [closing date, which must be the 20th working day after notification of the application is complete].

You must serve a copy of your submission on [name of applicant], whose address for service is [address for service of applicant], as soon as reasonably practicable after serving your submission on the special tribunal.

Form 30
Submission on publicly notified application for water conservation order or for revocation or amendment of water conservation order

Sections 205 and 216, Resource Management Act 1991

To [name of special tribunal]

Name of submitter: [full name]

This is a submission on an application from [name of applicant] for a water conservation order (or for a revocation or amendment of a water conservation order) for [name of water body].

[Briefly describe the application and the reasons for the application.]

The specific parts of the application that my submission relates to are:

[give details].

My submission is:

[include—

• whether you support or oppose the order; and

• the reasons for your views].

[If you support the order, but prefer to preserve a different but related water body in the same catchment, state this and your reasons.]

[If you support the order, but prefer to preserve different features and qualities of the water body, state this and your reasons.]

*[In giving reasons for these preferences, you must refer, if practicable, to the matters set out in sections 199, 200, 207 of the Resource Management Act 1991. You must also describe the provisions that you think should be included in the order and the effects that those provisions would have on the water body.]

[If you oppose the order, you must give reasons why the order is not justified in terms of sections 199 and 207 of the Resource Management Act 1991.]

I seek the following decision from the special tribunal:

[give precise details, including the general nature of any changes sought to the order].

I wish (or do not wish) to be heard in support of my submission.

*If others make a similar submission, I will consider presenting a joint case with them at a hearing.

You must serve a copy of your submission on the applicant as soon as reasonably practicable after you have served your submission on the special tribunal.

The special tribunal may require you to provide further information on your submission.

• Schedule 1 form 30: amended, on 1 June 2006, by regulation 10(2) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

Form 31
Instrument creating esplanade strip

Sections 232 and 235, Resource Management Act 1991

Background

[Full name, address, and occupation of land owner] (the Grantor) is registered as proprietor of the land described in Schedule A (the land).

[Name of territorial authority] (the Grantee) is a local authority (within the meaning of the Local Government Act 2002) in whose district the land is located.

• 1 The Grantor creates in favour of the Grantee an esplanade strip described in Schedule B (the strip) for the purpose(s) of [state purpose of strip in terms of section 229 of the Resource Management Act 1991] over the land described in Schedule A (the land) on the following terms.

• 2 The Grantor and Grantee covenant as follows:

  [state covenants].

• 3 The following acts are prohibited on the land:

  • (a) wilfully endangering, disturbing, or annoying a lawful user of the strip (including the owner or occupier of the strip):

  • (b) wilfully damaging or interfering with a structure adjoining or on the land (including a building, fence, gate, stile, marker, bridge, or notice):

  • (c) wilfully interfering with or disturbing livestock lawfully permitted on the strip.

• 4 The prohibitions in clause 3(b) and (c) do not apply to the owner or occupier of the strip or to employees or agents authorised by the owner or occupier.

• 5 The following acts* are also prohibited on the land over which the strip has been created:

  • (a) lighting a fire:

  • (b) carrying a firearm:

  • (c) discharging or shooting a firearm:

  • (d) camping:

  • (e) taking an animal on to, or having charge of an animal on, the land:

  • (f) taking a vehicle on to, or driving or having charge or control of a vehicle on, the land (whether the vehicle is motorised or not):

  • (g) wilfully damaging or removing a plant (unless acting in accordance with the Biosecurity Act 1993):

  • (h) laying poison or setting a snare or trap (unless acting in accordance with the Biosecurity Act 1993).

• *6 The following other restrictions apply to the strip:

  [state any other restrictions agreed to, including any modifications of the acts described in clause 5].

• *7 The following fencing requirements apply to the strip:

  [including gates and stiles and the repositioning or removal of existing fences].

• *8 The responsibilities for the fencing requirements (including the costs) are borne as follows:

  [state whether borne equally by Grantor and Grantee or otherwise].

• 9 Access to the strip is on the following terms:

  [state the terms on which persons may access the strip in accordance with clauses 4, 5, and 6 of Schedule 10 of the Resource Management Act 1991].

• *10 The strip may be closed to public access at the following times for the following purposes:

  [give details].

• *11 Responsibility for notifying the public that the strip is closed to public access at those times is as follows (notification will be given by erecting signs at all entry points to the strip and by any of the following agreed means):

  [give details].

[Give a full description of the land owned by the Grantor, including the lot and deposited plan, certificate of title reference(s), and any encumbrances.]

[State the width in metres of the strip and refer to plan (if any) depicting the strip annexed to this instrument or deposited in the Land Registry Office.]

Form 32
Easement for access strip

Section 237B, Resource Management Act 1991

Background

[Full name, address, and occupation of land owner] (the Grantor) is registered as proprietor of the land described in Schedule A (the land).

[Name of local authority] (the Grantee) is a local authority (within the meaning of the Local Government Act 2002) in whose district the land is located.

• 1 The Grantor grants to the Grantee an easement for an access strip.

• 2 The easement confers the right for any person, at any time, to pass and repass over and along the land, for the purpose of giving an access strip described in Schedule B (the strip) to [give full description of the existing reserve or strip, river, lake, or part of the coast on or adjoining the land to which the easement is allowing access] on the following terms.

• 3 The Grantor and Grantee covenant as follows:

  [state covenants].

• 4 The following acts are prohibited on the land:

  • (a) wilfully endangering, disturbing, or annoying a lawful user of the strip (including the owner or occupier of the strip):

  • (b) wilfully damaging or interfering with a structure adjoining or on the land (including a building, fence, gate, stile, marker, bridge, or notice):

  • (c) wilfully interfering with or disturbing livestock lawfully permitted on the strip.

• 5 The prohibitions in clause 4(b) and (c) do not apply to the owner or occupier of the strip or to employees or agents authorised by the owner or occupier.

• 6 The following acts* are also prohibited on the land over which the strip has been created:

  • (a) lighting a fire:

  • (b) carrying a firearm:

  • (c) discharging or shooting a firearm:

  • (d) camping:

  • (e) taking an animal on to, or having charge of an animal on, the land:

  • (f) taking a vehicle on to, or driving or having charge or control of a vehicle on, the land (whether the vehicle is motorised or not):

  • (g) wilfully damaging or removing a plant (unless acting in accordance with the Biosecurity Act 1993):

  • (h) laying poison or setting a snare or trap (unless acting in accordance with the Biosecurity Act 1993).

• *7 The following other restrictions apply to the strip:

  [state any other restrictions agreed to, including any modifications of the acts described in clause 6].

• *8 The following fencing requirements apply to the strip:

  [include gates and stiles and the repositioning or removal of existing fences].

• *9 The responsibilities for the fencing requirements (including the costs) are borne as follows:

  [state whether borne equally by Grantor and Grantee or otherwise].

• *10 The strip may be closed to public access at the following times for the following purposes:

  [give details].

• *11 Responsibility for notifying the public that the strip is closed to public access at those times is as follows (notification will be given by erecting signs at all entry points to the strip and by any of the following agreed means):

  [give details].

[Give a full description of the land owned by the Grantor over which the strip applies, including the portion of the land affected by the easement, by reference to the plan defining it, the lot and deposited plan, certificate of title reference(s), and any encumbrances.]

[State the width in metres of the easement and refer to plan (if any) depicting the easement annexed to this instrument or deposited in the Land Registry Office.]

Form 33
Notice of person's wish to be party to proceedings

Section 274, Resource Management Act 1991

• To the Registrar

• Environment Court

• Auckland, Wellington, and Christchurch

I, [full name], wish to be a party to the following proceedings:

[state—

• the Environment Court's reference number for the proceedings (eg, RMA 232/2003); or

• the parties to the proceedings and the nature of the proceedings (eg, an appeal on a resource consent application or an application for an enforcement order)].

I am [state whether you are—

• the Minister for the Environment; or

• a local authority; or

• a person who has an interest in the proceedings that is greater than the public generally. In this case, also explain the grounds for saying that you come within this category; or

• a person representing a relevant aspect of the public interest. In this case, also explain the grounds for saying that you come within this category; or

• a person who made a submission in the previous proceedings on the same matter].

I am interested in all (or part of) the proceedings.

*The part of the proceedings I am interested in is:

[explain which part or parts of the proceedings you are interested in].

I am interested in the following particular issues:

[explain which issues raised by the appeal you are interested in].

I support (or oppose or conditionally oppose) the relief sought because—

[state why you support or oppose the relief sought, giving clear reasons for your views].

I agree (or do not agree) to participate in mediation or other alternative dispute resolution of the proceedings.

You must lodge the original and 1 copy of this notice with the Environment Court within 30 working days after the notice of appeal or inquiry was lodged or the other proceedings commenced. The notice must be signed by you or on your behalf.

You must serve a copy of this notice on the other parties to the proceedings within the same 30 working day period.

However, you may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above timing or service requirements (see form 38).

If you have any questions about this notice, contact the Environment Court Unit of the Ministry of Justice in Auckland, Wellington, or Christchurch.

• Schedule 1 form 33: amended, on 1 June 2006, by regulation 10(4) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 33: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Form 34
Notice of appeal to Environment Court (general)

• To the Registrar

• Environment Court

• Auckland, Wellington, and Christchurch

I, [full name], appeal a decision (or part of a decision) on the following matter:

[state what the decision was about (eg, type of application or part of abatement notice)].

I received notice of the decision on [date].

The decision was made by [name of decision-maker].

The decision (or part of the decision) that I am appealing is:

[state a summary of the decision or part of the decision].

The reasons for the appeal are as follows:

[set out why you are appealing the decision or part of the decision and give reasons for your views].

I seek the following relief:

[give precise details].

I attach the following documents* to this notice:

• (a) a copy of the relevant decision (or part of the decision):

• (b) a list of names and addresses of persons to be served with a copy of this notice:

• (c) any other documents necessary for an adequate understanding of the appeal.

You may use this form for any appeal for which you cannot identify a prescribed form.

You must lodge the original and 1 copy of this notice with the Environment Court. The notice must be signed by you or on your behalf. You must pay the filing fee required by regulation 35 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003.

How to become a party to proceedings

If you wish to be a party to the appeal, you must lodge a notice in form 33 with the Environment Court within 30 working days after this notice was lodged with the Environment Court.

You may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above timing requirements (see form 38).

If you have any questions about this notice, contact the Environment Court Unit of the Ministry of Justice in Auckland, Wellington, or Christchurch.

• Schedule 1 form 34: amended, on 1 June 2006, by regulation 10(4) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 34: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Form 35
Reply to appeal or request for inquiry

Section 289, Resource Management Act 1991

• To the Registrar

• Environment Court

• Auckland, Wellington, and Christchurch

I, [full name], reply to the matters raised in the notice of appeal (or inquiry) lodged by [name of appellant] in relation to [identify the proceedings].

I am the person whose decision (or recommendation) has been appealed (or is the subject of an inquiry).

I was served with the notice of appeal (or inquiry) on [date].

The decision (or recommendation) was on the following matter:

[state what the decision or recommendation was about (eg, type of application or part of abatement notice) and summarise the decision or recommendation].

I reply to the matters raised in the notice of appeal (or inquiry) as follows:

[include the following matters in your reply:

• (a) whether the grounds of the appeal (or inquiry) have been stated in sufficient detail for ready understanding; and

• (b) whether the relief sought is unambiguous and within jurisdiction; and

• (c) whether there are related appeals (or inquiries) which should be heard at the same time; and

• (d) identification of any preliminary legal issues to be determined; and

• (e) statement of relevant issues apparently raised by appeal (or inquiry); and

• (f) whether expert evidence is likely to be needed (and, if so, the field of expertise); and

• (g) whether the council agrees to mediation or other alternative dispute resolution of the appeal (or inquiry)].

I attach a list of names and addresses of persons to be served with a copy of this notice.

You may use this form to reply to an appeal and to a request for an inquiry.

You must lodge the original and 1 copy of this reply with the Environment Court within 20 working days after being served with the notice of appeal or inquiry (or within a further time period allowed by an Environment Judge). The reply must be signed by you or on your behalf.

You must serve a copy of this reply, within the same 20 working day period, on the person who gave the notice of appeal or inquiry and, if the applicant is not the appellant, on the applicant as well.

You must also, within 30 working days after being served with the notice of appeal or inquiry (or within a further time period allowed by the Environment Judge) serve a copy of this reply on every other party to the proceedings who has advised the Registrar of the Environment Court that the person wishes to be a party.

Within 10 working days after lodging this notice, you must give written notice to the Registrar of the Environment Court of the name, address, and date of service for each person served with this reply.

However, you may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above timing or service requirements (see form 38).

If you have any questions about this reply, contact the Environment Court Unit of the Ministry of Justice in Auckland, Wellington, or Christchurch.

• Schedule 1 form 35: amended, on 1 June 2006, by regulation 10(4) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 35: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Form 36
Notice of motion (general)*

Section 291, Resource Management Act 1991

• To the Registrar

• Environment Court

• Auckland, Wellington, and Christchurch

I, [full name], apply under [relevant statute and section] for [nature of order sought].

The grounds for the application are:

[give details].

I attach the following documents:

• (a) an affidavit in support of this application; and

• (b) a list of names and addresses of persons to be served with a copy of this notice.

You must lodge the original and 1 copy of this notice with the Environment Court. The notice must be signed by you or on your behalf. You must pay the filing fee required by regulation 35 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003.

You must serve copies of this notice and affidavit on the parties to the application (if any) as soon as reasonably practicable after lodging the notice. An Environment Judge may also at any time direct you to serve a copy of this notice and affidavit on any other person. You must advise the Registrar of the persons served.

How to become party to proceedings

If you wish to be heard on this application, you must lodge a notice in form 37 with the Environment Court within 15 working days after you were served with this notice.

If you have any questions about this notice, contact the Environment Court Unit of the Ministry of Justice in Auckland, Wellington, or Christchurch.

• Schedule 1 form 36: amended, on 1 June 2006, by regulation 10(4) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 36: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Form 37
Notice of person's wish to be heard on notice of motion

Section 291(4), Resource Management Act 1991

• To the Registrar

• Environment Court

• Auckland, Wellington, and Christchurch

I, [full name], wish to be heard on a notice of motion by [name of applicant] under [relevant statute and section] for [nature of order sought].

The notice of motion was served on me on [date].

I wish to advance the following matters:

[state in summary the matters you wish to advance. Clearly indicate whether you support or oppose the motion. Give reasons for your views].

*I attach the following supporting documents:

[list documents that you are attaching].

You must lodge the original and 1 copy of this notice with the Environment Court and, for notice of motion, with the applicant, within 15 working days after the date on which you were served with the notice of motion. The notice must be signed by you or on your behalf.

If you have any questions about this notice, contact the Environment Court Unit of the Ministry of Justice in Auckland, Wellington, or Christchurch.

• Schedule 1 form 37: amended, on 1 June 2006, by regulation 10(4) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 37: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Form 38
Application for waiver or directions

Section 281, Resource Management Act 1991

• To the Registrar

• Environment Court

• Auckland, Wellington, and Christchurch

I, [full name], apply for a waiver (or directions) in the following proceedings:

[state—

• the Environment Court's reference number for the proceedings (eg, RMA 232/98); or

• the parties to the proceedings and the nature of the proceedings (eg, an appeal on a resource consent application or an application for an enforcement order)].

I am the following party to these proceedings:

[state which party].

I seek the following waiver (or directions):

[give details].

You must lodge the original and 1 copy of this application with the Environment Court. The application must be signed by you or on your behalf.

You must serve a copy of this application on all other parties to the proceedings within 3 working days after lodging this application with the Environment Court.

Within 10 working days after lodging this application, you must give written notice to the Registrar of the Environment Court of the name, address, and date of service for each person served with this application.

However, you may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above timing or service requirements in this form.

If you have any questions about this application, contact the Environment Court Unit of the Ministry of Justice in Auckland, Wellington, or Christchurch.

• Schedule 1 form 38: amended, on 1 June 2006, by regulation 10(4) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 38: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Form 39
Witness summons to local authority hearing, consent authority hearing, or other hearing

Section 41, Resource Management Act 1991

To [full name and address of witness being summoned]

You are ordered to attend a hearing of [name of local authority or consent authority, or name and description of person with authority to conduct hearing].

The hearing is about [subject matter of hearing].

The hearing is on [date(s)] at [time].

The hearing will be held at [place].

You must attend the hearing to give evidence at [place] on [date] from [time] until you are discharged.

*You must bring with you and produce the following papers, documents, records, or things:

[give details].

This summons is issued on behalf of [name].

You are entitled to receive from [name of party on whose behalf summons is issued] witness fees, allowances, and travelling expenses according to the scales prescribed by regulations made under the Summary Proceedings Act 1957.

If you fail to attend in accordance with this summons, you commit an offence under section 338(3) of the Resource Management Act 1991 and you may be liable to a fine under section 339(3) of that Act.

I, [full name], swear that I served [full name of person served] with a summons by delivering the summons to him or her personally at [place] on [date]. At the same time, I tendered that person the sum of [amount] for his or her allowances and travelling expenses, which that person accepted. This is a true copy of the summons.

Form 40
Witness summons to Environment Court hearing

Section 278(1), Resource Management Act 1991

To [full name and address of witness being summoned]

You are ordered to attend a hearing of the Environment Court.

The hearing is about [subject matter of hearing].

The hearing is on [date(s)] at [time].

The hearing will be held at [place].

You must attend the hearing to give evidence at [place] on [date] from [time] until you are discharged.

*You must bring with you and produce the following papers, documents, records, or things:

[give details].

This summons is issued on behalf of [name].

You are entitled to receive from [name of party on whose behalf summons is issued] witness fees, allowances, and travelling expenses according to the scale of allowances for witnesses in civil cases under the District Courts Act 1947.

If you fail to attend in accordance with this summons, you may commit an offence under section 338(3) of the Resource Management Act 1991 and you may be liable to a fine under section 339(3) of that Act.

I, [full name], swear that I served [full name of person served] with a summons by delivering the summons to him or her personally at [place] on [date]. At the same time, I tendered that person the sum of [amount] for his or her allowances and travelling expenses, which that person accepted. This is a true copy of the summons.

Form 41
Application for declaration

Section 311, Resource Management Act 1991

• To the Registrar

• Environment Court

• Auckland, Wellington, and Christchurch

I, [full name], apply for the following declaration:

[give precise details of declaration sought].

The grounds for this application are:

[give details].

I attach the following documents:*

• (a) an affidavit in support of the application; and

• (b) a list of names and addresses of persons to be served with a copy of this application.

You must lodge the original and 1 copy of this application with the Environment Court. The notice must be signed by you or on your behalf. You must pay the filing fee required by regulation 35 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003.

You must serve notice of this application in form 42 on every person affected by this application within 5 working days after the application is lodged with the Environment Court.

Within 10 working days after lodging this application, you must give written notice to the Registrar of the Environment Court of the name, address, and date of service for each person served with this application.

However, you may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above service requirements (see form 38).

If you have any questions about this application, contact the Environment Court Unit of the Ministry of Justice in Auckland, Wellington, or Christchurch.

• Schedule 1 form 41: amended, on 1 June 2006, by regulation 10(4) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 41: amended, on 1 June 2006, by regulation 10(10) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 41: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Form 42
Notice of application for declaration

Section 312, Resource Management Act 1991

To [names and addresses of persons directly affected]

I, [full name], give notice that I applied for the following declaration from the Environment Court on [date]:

[give precise details of declaration sought].

If you wish to be heard at the hearing to determine this matter, you should notify the Environment Court within 30 working days of receiving this notice.

If you do not notify the Registrar of your wish to be heard, the case may proceed without further notice to you.

The following documents were attached to the application and are available on request:

[list documents].

It is recommended that you consult a lawyer without delay, although it is not essential for you to have a lawyer for the purpose of these proceedings.

If you want a lawyer but think that you cannot afford one and wish to apply for legal aid, contact the Environment Court Unit of the Ministry of Justice, a Citizen's Advice Bureau, a community law centre, or a lawyer for assistance.

If you have any questions about this notice, contact the Environment Court Unit of the Ministry of Justice in Auckland, Wellington, or Christchurch.

• Schedule 1 form 42: amended, on 1 June 2006, by regulation 10(4) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 42: amended, on 1 June 2006, by regulation 10(11)(a) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 42: amended, on 1 June 2006, by regulation 10(11)(b) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 42: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Form 43
Application for enforcement order or interim enforcement order

Sections 316 and 320, Resource Management Act 1991

• To the Registrar

• Environment Court

• Auckland, Wellington, and Christchurch

I, [full name], apply for an enforcement order (or interim enforcement order) to:

[describe the nature and terms of the enforcement order sought in terms of section 314 of the Resource Management Act 1991].

The location for which the enforcement order (or interim enforcement order) is sought is:

[describe the location as it is commonly known and in a way that will enable it to be easily identified (eg, street address)].

The name and address of the person against whom the order is sought is:

[full name and address].

I apply for the order to be made on the following terms and conditions:

[give details].

I attach the following documents:*

• (a) an affidavit in support of the application; and

• (b) a list of names and addresses of persons to be served with a copy of this application.

You must lodge the original and 1 copy of this application with the Environment Court. The application must be signed by you or on your behalf. You must pay the filing fee required by regulation 35 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003.

You must serve notice of this application in form 44 on every person directly affected by this application within 5 working days after the application is lodged with the Environment Court.

However, this service requirement does not apply to an application for an interim enforcement order if an Environment Judge or District Court Judge has ordered that it does not apply.

Within 10 working days after lodging this application, you must give written notice to the Registrar of the Environment Court of the name, address, and date of service for each person served with this application.

An Environment Court Judge or District Judge may direct that you serve a copy of an interim enforcement order on the person against whom the order is made.

Also you may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above service requirements (see form 38).

If you have any questions about this application, contact the Environment Court Unit of the Ministry of Justice in Auckland, Wellington, or Christchurch.

• Schedule 1 form 43: amended, on 1 June 2006, by regulation 10(4) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 43: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Form 44
Notice of application for enforcement order or interim enforcement order

Sections 317 and 320, Resource Management Act 1991

To [names and addresses of persons directly affected]

I, [full name], give notice that I applied to the Environment Court for the following enforcement order (or interim enforcement order) on [date]:

[state—

• the nature and terms of the enforcement order sought; and

• the location for which the order is sought; and

• the name and address of the person against whom the order is sought].

If you wish to be heard at the hearing to determine this matter, you should notify the Environment Court Registrar as soon as possible after you receive this notice.

If you do not notify the Registrar of your wish to be heard, the case may proceed without further notice to you.

The following documents are available from the applicant on request:

• (a) a copy of the application:

• (b) an affidavit in support of the application.

If you wish to be heard at the hearing to determine this matter, you should notify the Environment Court Registrar as soon as possible after you receive this notice.

You will receive a copy of any order against you. The order will take effect from the date you receive it or any later date stated in the order.

It is recommended that you consult a lawyer without delay, although it is not essential for you to have a lawyer for the purpose of these proceedings.

If you want a lawyer but think that you cannot afford one and wish to apply for legal aid, contact the Environment Court Unit of the Ministry of Justice, the District Court, a Citizen's Advice Bureau, a community law centre, or a lawyer for assistance.

If you have any questions about this notice, contact the Environment Court Unit of the Ministry of Justice in Auckland, Wellington, or Christchurch.

• Schedule 1 form 44: amended, on 1 June 2006, by regulation 10(4) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 44: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Form 45
Advice to accompany interim enforcement order

Section 320(4), Resource Management Act 1991

An interim enforcement order has been made against you. A copy of the order is attached. This order takes effect as soon as you receive a copy of it or on any later date stated in the notice.

If you fail to comply with the order, you will commit an offence under section 338(1) of the Resource Management Act 1991 and may be prosecuted and subject to penalties under that Act.

You may apply to an Environment Judge or District Court Judge to have the order changed or cancelled. Your application should be made in form 46 and lodged with the Environment Court. However, you must continue to comply with the order until it is changed or cancelled.

It is recommended that you consult a lawyer without delay, although it is not essential for you to have a lawyer for the purpose of these proceedings.

If you want a lawyer but think that you cannot afford one and wish to apply for legal aid, contact the Environment Court Unit of the Ministry of Justice, the District Court, a Citizen's Advice Bureau, a community law centre, or a lawyer for assistance.

If you wish to obtain other assistance, contact the Environment Court Unit of the Ministry of Justice in Auckland, Wellington, or Christchurch, or you may contact an office of the District Court.

• Schedule 1 form 45: amended, on 1 June 2006, by regulation 10(4) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 45: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Form 46
Application to change or cancel enforcement order or interim enforcement order

Sections 320(5) and 321, Resource Management Act 1991

• To the Registrar

• Environment Court

• Auckland, Wellington, and Christchurch

I, [full name], apply to change (or cancel) an enforcement order (or interim enforcement order) made on [date].

The enforcement order (or interim enforcement order) was made to:

[describe the nature and terms of the enforcement order sought in terms of section 314 of the Resource Management Act 1991].

The location for which the enforcement order (or interim enforcement order) was made is:

[describe the location as it is commonly known and in a way that will enable it to be easily identified (eg, street address)].

The name and address of the person against whom the order was made is:

[full name and address].

*I seek the following change(s) to the order:

[give details].

The grounds for this application are:

[give details].

I attach the following documents:*

• (a) an affidavit in support of the application; and

• (b) a list of names and addresses of persons to be served with a copy of this application.

You must lodge the original and 1 copy of this application with the Environment Court. The notice must be signed by you or on your behalf. You must pay the filing fee required by regulation 35 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003.

You must serve notice of this application in form 47 on every person directly affected by this application within 5 working days after the application is lodged with the Environment Court.

However, this service requirement does not apply to an application for an interim enforcement order if an Environment Judge or District Court Judge has ordered that it does not apply.

Within 10 working days after lodging this application, you must give written application to the Registrar of the Environment Court of the name, address, and date of service for each person served with this notice.

Also you may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above service requirements (see form 38).

If you have any questions about this notice, contact the Environment Court Unit of the Ministry of Justice in Auckland, Wellington, or Christchurch.

• Schedule 1 form 46: amended, on 1 June 2006, by regulation 10(4) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 46: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Form 47
Notice of application to change or cancel enforcement order or interim enforcement order

Sections 317 and 321, Resource Management Act 1991

To [names and addresses of persons directly affected]

I, [full name], give notice that I applied to the Environment Court to change (or cancel) the following enforcement order (or interim enforcement order) on [date]:

[state—

• the nature and terms of the order; and

• the location for which the order was made; and

• the name and address of the person against whom the order was made; and

• if applicable, the change sought].

If you wish to be heard at the hearing to determine this matter, you should notify the Environment Court Registrar as soon as possible after you receive this notice.

The following documents are available from the applicant on request:

• (a) a copy of the application:

• (b) an affidavit in support of the application.

You will receive a copy of any order made against you. The order will take effect from the date you receive it or any later date stated in the order.

It is recommended that you consult a lawyer without delay, although it is not essential for you to have a lawyer for the purpose of these proceedings.

If you want a lawyer but think that you cannot afford one and wish to apply for legal aid, contact the Environment Court Unit of the Ministry of Justice, the District Court, a Citizen's Advice Bureau, a community law centre, or a lawyer for assistance.

If you have any questions about this notice, contact the Environment Court Unit of the Ministry of Justice in Auckland, Wellington, or Christchurch.

• Schedule 1 form 47: amended, on 1 June 2006, by regulation 10(4) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 47: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Form 48
Abatement notice

Section 324, Resource Management Act 1991

To [name of person to whom notice applies and, if possible, the person's address and date of birth]

[Name of relevant authority] gives notice that you must take (or cease or not undertake) the following action:

[give precise details of what is required].

The location to which this abatement notice applies is:

[describe the location as it is commonly known and in a way that will enable it to be easily identified (eg, street address)].

You must comply with this abatement notice within the following period:

[insert period in accordance with section 324(d) of the Resource Management Act 1991].

*This notice imposes the following further conditions:

[give details].

This notice is issued under [state paragraph of section 322(1) of the Resource Management Act 1991 under which notice is issued].

*If you do not comply with this notice, an enforcement officer may enter the place where the noise source is situated (with a constable if the place is a dwellinghouse) and—

• (a) take all reasonable steps as the enforcement officer considers necessary to reduce the noise to a reasonable level; and

• (b) if accompanied by a constable, seize and impound the noise source.

The reasons for this notice are:

[give details].

If you do not comply with this notice, you may be prosecuted under section 338 of the Resource Management Act 1991 (unless you appeal and the notice is stayed as explained below).

You have the right to appeal to the Environment Court against the whole or any part of this notice. If you wish to appeal, you must lodge a notice of appeal in form 49 with the Environment Court within 15 working days of being served with this notice.

*An appeal does not automatically stay the notice and so you must continue to comply with it unless you also apply for a stay from an Environment Judge under section 325(3A) of the Resource Management Act 1991 (see form 50). To obtain a stay, you must lodge both an appeal and a stay with the Environment Court.

*Lodging an appeal will automatically stay this notice as long as you are complying with the Resource Management Act 1991, any regulations made under that Act, a rule in a plan, or a resource consent.

You also have the right to apply in writing to [name of relevant authority] to change or cancel this notice in accordance with section 325A of the Resource Management Act 1991.

[Name of relevant authority] authorised the enforcement officer who issued this notice. Its address is:

[give details].

The enforcement officer is acting under the following authorisation: [state details of warrant under section 38 of the Resource Management Act 1991].

• Schedule 1 form 48: amended, on 1 June 2006, by regulation 10(12) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

Form 49
Notice of appeal to Environment Court against abatement notice

Section 325(2), Resource Management Act 1991

• To the Registrar

• Environment Court

• Auckland, Wellington, and Christchurch

I, [full name], appeal an abatement notice.

The abatement notice was issued on [date] by [name of relevant authority].

The requirements of the abatement notice (or part of the abatement notice) that I am appealing are:

[state a summary of the relevant requirements of the abatement notice or part].

The reasons for the appeal are as follows:

[set out why you are appealing and give reason for your views].

I seek the following relief:

[give precise details].

I attach the following documents to this notice:

• (a) a copy of the abatement notice:

• (b) a list of names and addresses of persons to be served with a copy of this notice.

You must lodge the original and 1 copy of this notice with the Environment Court within 15 working days of the abatement notice being served on you. The notice must be signed by you or on your behalf. You must pay the filing fee required by regulation 35 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003.

You must serve a copy of this notice on the authority that issued this notice within the same 15 working day period.

However, you may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above timing or service requirements (see form 38).

This notice only operates as a stay of an abatement notice—

• (a) if the notice was issued under section 322(1)(a)(ii) of the Resource Management Act 1991 and you are complying with the Resource Management Act 1991, any regulations made under that Act, a rule in a plan, or a resource consent; or

• (b) if you are appealing under section 325A(7) of that Act.

In all other circumstances, if you wish to stay the abatement notice, you must apply for the stay in addition to lodging an appeal (see form 50).

How to become a party to proceedings

You may be a party to the appeal if you lodge a notice of your wish to be a party to the proceedings (in form 33) with the Environment Court within 30 working days after this notice was lodged with the Environment Court.

You may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above timing requirements (see form 38).

If you have any questions about this notice, contact the Environment Court Unit of the Ministry of Justice in Auckland, Wellington, or Christchurch.

• Schedule 1 form 49 heading: amended, on 1 June 2006, by regulation 10(13) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 49: amended, on 1 June 2006, by regulation 10(4) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 49: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Form 50
Application for stay of abatement notice

Section 325(3B), Resource Management Act 1991

I, [full name], apply for a stay of an abatement notice.

The abatement notice was issued on [date] by [name of relevant authority].

I lodged an appeal against the abatement notice with the Environment Court on [date].

I consider that it is unreasonable to comply with the abatement notice because:

[give details].

The likely effect on the environment if the stay is granted is:

[give details].

I attach the following documents:*

• (a) a copy of the abatement notice; and

• (b) a copy of the notice of appeal; and

• (c) an affidavit in support of the application; and

• (d) the name and address of the authority that issued the abatement notice and is to be served with a copy of this application.

You must lodge the original and 1 copy of this application with the Environment Court. The application must be signed by you or on your behalf.

You must serve a copy of this application on the authority that issued this abatement notice immediately after you have lodged this application with the Environment Court.

Within 10 working days after receiving this application, you must give written notice to the Registrar of the Environment Court of the name, address, and date of service of the application.

However, you may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above service requirements (see form 38).

If you have any questions about this application, contact the Environment Court Unit of the Ministry of Justice in Auckland, Wellington, or Christchurch.

• Schedule 1 form 50: amended, on 1 June 2006, by regulation 10(4) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006 (SR 2006/99).

• Schedule 1 form 50: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).