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 or electronic submission in form 3 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.

• Schedule 1 form 1: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

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 or electronic submission in form 3 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.

• Schedule 1 form 2: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

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

Sections 49, 53, 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 a review of or a change to or a revocation of the following national policy statement or on the following proposed New Zealand coastal policy statement or on a review of or a change to or a revocation of the following New Zealand coastal policy statement) (the proposal):

[name of proposed or existing 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 heading: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• Schedule 1 form 3: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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, change, or variation

Clauses 5, 16A, and 21 of Schedule 1, Resource Management Act 1991

[Name of local authority] has prepared or accepted or adopted the following proposed policy statement (or the following proposed plan or a change proposed to the following policy statement or plan, or a variation to the following proposed policy statement or a variation to the following proposed plan or a variation to a change proposed 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 change proposed to the existing policy statement or plan; or

• the variation to the proposed policy statement or the proposed plan or the variation to a change proposed 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.

The following persons may make a submission on the proposal:

• the local authority in its own area may make a submission; and

• any other person may make a submission but, if the person could gain an advantage in trade competition through the submission, then the person may do so only if the person is directly affected by an effect of the proposal that—

  • adversely affects the environment; and

  • does not relate to trade competition or the effects of trade competition.

You may make a submission by sending a written or electronic 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 proposed to a policy statement or plan, or a variation to a proposed policy statement or plan, or a variation to a change].

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 decisions requested by submitters and give public notice of the availability of this summary and where the summary and submissions can be inspected; and

• there must be an opportunity for the following persons to make a further submission in support of, or in opposition to, the submissions already made:

  • any person representing a relevant aspect of the public interest:

  • any person who has an interest in the proposal greater than the general public has:

  • the local authority itself; 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 provisions and matters raised in the submissions (including its reasons for accepting or rejecting submissions) and give public notice of its decision within 2 years of notifying the proposal and serve it on every person who made a submission at the same time; and

• any person who has made a submission has the right to appeal against the decision on the proposal to the Environment Court if,—

  • in relation to a provision or matter that is the subject of the appeal, the person referred to the provision or matter in the person's submission on the proposal; and

  • in the case of a proposal that is a proposed policy statement or plan, the appeal does not seek the withdrawal of the proposal as a whole.

• Schedule 1 form 4 heading: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• Schedule 1 form 4: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

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

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 change proposed to the following policy statement or plan or on the following proposed variation to a proposed policy statement or on the following proposed variation to a proposed plan or on the following proposed variation to a change to an existing policy statement or plan) (the proposal):

[name of proposed or existing policy statement or plan and (where applicable) change or variation].

I could/could not* gain an advantage in trade competition through this submission.

*I am/am not† directly affected by an effect of the subject matter of the submission that—

• (a) adversely affects the environment; and

• (b) does not relate to trade competition or the effects of trade competition.

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.

If you are making a submission to the Environmental Protection Authority, you should use form 16B. If you are a person who could gain an advantage in trade competition through the submission, your right to make a submission may be limited by clause 6(4) of Part 1 of Schedule 1 of the Resource Management Act 1991.

• Schedule 1 form 5 heading: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• Schedule 1 form 5: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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, change or variation

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 change proposed to the following policy statement or plan, or on the following variation to the proposed policy statement or a variation to the following proposed plan or a variation to a change proposed to the following existing policy statement or plan) (the proposal):

[name of proposed or existing policy statement or plan and (where applicable) change or variation].

I am [state whether you are—

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

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

• the local authority for the relevant area.]

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 it is served on the local authority.

If you are making a submission to the Environmental Protection Authority, you should use form 16C.

• Schedule 1 form 6 heading: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• Schedule 1 form 6: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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 or change or variation

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 or change or variation):

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

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

I am/am not* a trade competitor for the purposes of section 308D of the Resource Management Act 1991.

*I am/am not† directly affected by an effect of the subject of the appeal that—

• (a) adversely affects the environment; and

• (b) does not relate to trade competition or the effects of trade competition.

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 change or variation (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 may appeal only if—

• you referred in your submission or further submission to the provision or matter that is the subject of your appeal; and

• in the case of a decision relating to a proposed policy statement or plan (as opposed to a variation or change), your appeal does not seek withdrawal of the proposed policy statement or plan as a whole.

Your right to appeal may be limited by the trade competition provisions in Part 11A of the Resource Management Act 1991.

The Environment Court, when hearing an appeal relating to a matter included in a document under section 55(2B), may consider only the question of law raised.

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 or a further 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 15 working days after the period for lodging a notice of appeal ends.

Your right to be a party to the proceedings in the court may be limited by the trade competition provisions in section 274(1) and Part 11A of the Resource Management Act 1991.

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).

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 in Auckland, Wellington, or Christchurch.

• Schedule 1 form 7 heading: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• Schedule 1 form 7: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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).

Section 87D, Resource Management Act 1991

To [name of consent authority]

• 1 I, [full name of requester], request that you allow the following application or notice of requirement lodged by me to be determined by the Environment Court instead of by you:

  Select one of the following.

  • an application for a resource consent.

  • an application to change or cancel a condition of a resource consent.

• 2 [Briefly describe the application to which the request relates in enough detail to identify the relevant matter, including any number assigned by the consent authority to the application.]

• 3 The reasons for the request are as follows: [set out why you are making the request and the factors you wish the consent authority to consider].

If the consent authority determines that the application is incomplete, or if it receives the request after it has determined that the application will not be notified, or if it decides not to notify the application, it must return the request.

You may make this request only in the period starting on the day on which the application is made and ending 5 working days after the date on which the period for submissions on the application closes.

• Schedule 1 form 7A: inserted, on 1 November 2010, by regulation 19(2) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

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

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

I made a submission on that plan.

I am/am not* a trade competitor for the purposes of section 308D of the Resource Management Act 1991.

*I am/am not† directly affected by an effect of the subject of the appeal that—

• (a) adversely affects the environment; and

• (b) does not relate to trade competition or the effects of trade competition.

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 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.

Your right to appeal may be limited by the trade competition provisions in Part 11A of the Resource Management Act 1991.

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 or heritage protection 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 requirement 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 15 working days after the period for lodging a notice of appeal ends.

If you are a trade competitor of a party to the proceedings, your right to be a party to the proceedings in the court may be limited (see section 274(1) and Part 11A of the Resource Management Act 1991).

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 in Auckland, Wellington, or Christchurch.

• Schedule 1 form 8 heading: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• Schedule 1 form 8: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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).

Form 8A
Affected person's written approval to an activity that is the subject of a resource consent application

Section 95E(3), Resource Management Act 1991

To [name of consent authority]

Name of person giving written approval: [full name]

*I am the owner/occupier† of the following property: [give address of the property]

I have authority to sign on behalf of all the other owners/occupiers* of the property.

This is written approval to the following activity that is the subject of a resource consent application: [description of proposal].

I have read the full application for resource consent, the Assessment of Environmental Effects, and any site plans as follows: [list document names and dates].

In signing this written approval, I understand that the consent authority must decide that I am no longer an affected person, and the consent authority must not have regard to any adverse effects on me.

I understand that I may withdraw my written approval by giving written notice to the consent authority before the hearing, if there is one, or, if there is not, before the application is determined.

Conditional written approvals cannot be accepted.

There is no obligation to sign this form, and no reasons need to be given.

If this form is not signed, the application may be notified with an opportunity for submissions.

If signing on behalf of a trust or company, please provide additional written evidence that you have signing authority.

• Schedule 1 form 8A: inserted, on 1 November 2010, by regulation 19(2) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

Form 9
Application for resource consent

Sections 88 and 145, Resource Management Act 1991

To [name of local authority or the Environmental Protection 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.

If the application is lodged with the Environmental Protection Authority, you must also lodge a form in form 16A at the same time.

You must pay the charge payable to the consent authority for the resource consent application under the Resource Management Act 1991 (if any). If your application is to the Environmental Protection Agency, you may be required to pay actual and reasonable costs incurred in dealing with this matter (see section 149ZD of the Resource Management Act 1991).

• Schedule 1 form 9: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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

Sections 127 and 145, Resource Management Act 1991

To [name of local authority or the Environmental Protection 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.]

If the application is lodged with the Environmental Protection Authority, you must also lodge a form in form 16A at the same time.

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).

If your application is to the Environmental Protection Agency, you may be required to pay actual and reasonable costs incurred in dealing with this matter (see section 149ZD of the Resource Management Act 1991).

• Schedule 1 form 10: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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 or discharge permit

Sections 136(2)(b)(ii) and (4)(a), and 137(3)(b) and (5)(a), Resource Management Act 1991

To [name of consent authority]

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

[state number and description of 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 applicable). If application is to transfer only part of the water permit or discharge permit, clearly describe which part].

We attach a copy of the water permit or discharge permit.

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

The proposed site of the transferred 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 in the case of an application to transfer a water permit)].

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 or discharge permit, as the case may be, under the Resource Management Act 1991 (if any).

• Schedule 1 form 11 heading: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• Schedule 1 form 11: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

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

Sections 95A, 95C, 127, 136(4)(b), 137(5)(c), 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 transfer of a discharge 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 or a discharge permit, the site for which the permit has been granted and, if relevant, the part of the resource consent to be transferred:

• 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, but a person who is a trade competitor of the applicant may do so only if that person is directly affected by an effect of the activity to which the application relates that—

• (a) adversely affects the environment; and

• (b) does not relate to trade competition or the effects of trade competition.

You may make a submission by sending a written or electronic 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 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• Schedule 1 form 12: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

Form 12A
Request for hearing by commissioner

Section 100A, Resource Management Act 1991

To [name of local authority]

• 1 I, [full name of requester], request that you delegate your functions, powers, and duties to hear and decide the following matter to 1 or more hearings commissioners who are not members of the local authority:

  Select one of the following.

  • application for resource consent that is notified.

  • application for change or cancellation of conditions of consent that is notified.

  • notice of requirement for designation that is notified.

  • notice of requirement for alteration to designation that is notified.

  • notice of requirement for heritage order that is notified.

  • notice of requirement for alteration of a heritage order that is notified.

• 2 [Briefly describe the application or notice of requirement to which the request relates in enough detail to identify the relevant matter, including any number assigned to the matter by the local authority.]

• 3 I am the applicant/I am the requiring authority/I am the heritage protection authority/I am a person who is making a submission on this matter*.

  *Select one.

You may make this request only in the period starting on the day on which the matter is lodged and ending 5 working days after the date on which submissions on the matter close.

In making this request, you may incur charges for the hearing and the deciding of the matter over and above the costs for hearing and deciding the matter if the request were not made.

• Schedule 1 form 12A: inserted, on 1 November 2010, by regulation 19(2) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

Form 13
Submission on application concerning resource consent or esplanade strip that is subject to public notification or limited notification by consent authority

Sections 95A, 95B, 95C, 96, 127(3), 136(4), 137(5)(c), 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 transfer of a discharge 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 or discharge permit, the site for which the permit has been granted and, if relevant, the part of the permit proposed to be transferred:

• 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.

*Pursuant to section 100A of the Resource Management Act 1991 I request that you delegate your functions, powers, and duties required to hear and decide the application to 1 or more hearings commissioners who are not members of the local authority.

If you are making a submission to the Environmental Protection Authority, you should use form 16B.

The closing date for serving submissions on the consent authority is the 20th working day after public notification is given under section 95A or 95C or notice is served under section 95B 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.

If you make a request under section 100A of the Resource Management Act 1991, you must do so in writing no later than 5 working days after the close of submissions and you may be liable to meet or contribute to the costs of the hearings commissioner or commissioners. You may not make a request under section 100A of the Resource Management Act 1991 in relation to an application for a coastal permit to carry out an activity that a regional coastal plan describes as a restricted coastal activity.

• 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).

• Schedule 1 form 13 heading: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• Schedule 1 form 13: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

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.

You may make a submission by sending a written or electronic 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].

Any person may make a submission on the review, but a person who is a trade competitor of the consent holder may do so only if that person is directly affected by an effect of the activity to which the review relates that—

• (a) adversely affects the environment; and

• (b) does not relate to trade competition or the effects of trade competition.

• Schedule 1 form 14: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

Form 15
Submission on review of resource consent conditions by consent authority that is subject to public notification or limited notification

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].

I am/am not* a trade competitor for the purposes of section 308B of the Resource Management Act 1991.

*I am/am not† directly affected by an effect of the subject matter of the submission that—

• (a) adversely affects the environment; and

• (b) does not relate to trade competition or the effects of trade competition.

The specific parts of the review and any new conditions proposed 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.

If you are a trade competitor, your right to make a submission may be limited by the trade competition provisions in Part 11A of the Resource Management Act 1991.

• Schedule 1 form 15 heading: substituted, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• Schedule 1 form 15: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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 on decision on application concerning resource consent, transfer of water permit or discharge permit, certificate of compliance, or esplanade strip

Sections 121, 127(3), 132(2), 136(4)(b), 137(5)(c), 139(12), 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) on the following matter:

[briefly describe the application or the review of consent conditions to which the appealed decision 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 on [date].

The decision was made by [name of consent authority or, in relation to a certificate of compliance, the Environmental Protection Authority].

I am/am not* a trade competitor for the purposes of section 308D of the Resource Management Act 1991.

*I am/am not† directly affected by an effect of the subject of the appeal that—

• (a) adversely affects the environment; and

• (b) does not relate to trade competition or the effects of trade competition.

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

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

The land (or resource) affected 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 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 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 may use this form to lodge an appeal.

Your right to appeal may be limited by the trade competition provisions in Part 11A of the Resource Management Act 1991.

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 authority that made the decision within 15 working days of receiving notice of the decision.

You must also serve a copy of this notice on the applicant or consent holder, on every person who made a submission on the application or review of consent conditions, and (if the decision relates to a restricted coastal activity) on the Minister of Conservation 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, and serve copies on the other parties, within 15 working days after the period for lodging a notice of appeal ends. Your right to be a party to the proceedings in the court may be limited by the trade competition provisions in section 274(1) and Part 11A of the Resource Management Act 1991.

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 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 in Auckland, Wellington, or Christchurch.

• Schedule 1 form 16 heading: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• Schedule 1 form 16: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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).

Form 16A
Notice of lodgement of matter under section 145 of Resource Management Act 1991

Sections 145, 148, and 149ZB, Resource Management Act 1991

To the Environmental Protection Authority

• 1 Full name of person lodging matter (the applicant):

  Description of proposal (the proposal):

  Relevant local authority:

• 2 For this paragraph select the paragraph(s) that apply.

  This information accompanies—

  • (a) 1 or more of the following applications for a resource consent:

  • (b) 1 or more of the following applications for a change to or cancellation of the conditions of a resource consent:

  • (c) 1 or more of the following requests for the preparation of a regional plan:

  • (d) 1 or more of the following requests for a change to a plan:

  • (e) 1 or more of the following changes to a plan proposed by the local authority:

  • (f) 1 or more of the following variations to a proposed plan:

  • (g) 1 or more of the following notices of requirement for a designation or to alter a designation:

  • (h) 1 or more of the following notices of requirement for a heritage order or to alter a heritage order.

• 3 [Provide details of the matter or matters] (the matter).

• 4 Omit this paragraph if it does not apply.

  The matter—

  • consists of 1 or more of the following: an application for a resource consent, or an application to change or cancel the conditions of a resource consent, or a notice of requirement to alter a designation, or a notice of requirement to alter a heritage order; and

  • relates to an activity that is part of a proposal of national significance in relation to which 1 or more matters have already been subject to a direction under section 142(2) or 147(1)(a) or (b).

• 5 The matter relates wholly to the coastal marine area/relates partly to the coastal marine area/does not relate to the coastal marine area*.

  *Select one.

• 6 I request that the Minister for the Environment/Minister of Conservation/Minister for the Environment and the Minister of Conservation* makes/make* a direction under section 147(1)(a) or (b) to refer the matter to a board of inquiry or to the Environment Court for decision, on the grounds that the matter is/is part of* a proposal of national significance.

  *Select one.

• 7 The following factors are relevant to this application: [set out the factors and, in relation to each factor, the reasons in support of your application to have a direction made. Factors that may be relevant include, but are not limited to, whether the matter—

  • has aroused widespread public concern or interest regarding its actual or likely effect on the environment (including the global environment); or

  • involves or is likely to involve significant use of natural and physical resources; or

  • affects or is likely to affect a structure, a feature, a place, or an area of national significance; or

  • affects or is likely to affect or is relevant to New Zealand's international obligations to the global environment; or

  • results or is likely to result in or contribute to significant or irreversible changes to the environment (including the global environment); or

  • involves or is likely to involve technology, processes, or methods that are new to New Zealand and that may affect its environment; or

  • is or is likely to be significant in terms of section 8 of the Resource Management Act 1991; or

  • will assist the Crown in fulfilling its public health, welfare, security, or safety obligations or functions; or

  • affects or is likely to affect more than 1 region or district; or

  • relates to a network utility operation that extends or is proposed to extend to more than 1 district or region].

• 8 The further views of the applicant are: [set out the further views of the applicant, including whether the applicant has views on whether the matter should be referred to a board of inquiry or the Environment Court and any other recommendations sought as to the course of action].

You may be required to pay actual and reasonable costs incurred in dealing with this matter (see section 149ZD of the Resource Management Act 1991).

If your request concerns an application for a resource consent or an application for a change to or cancellation of the conditions of a resource consent and the Environmental Protection Authority determines that the application is incomplete, it may return the request.

You must serve the relevant local authority with notice of this matter, together with notice that it has been lodged with the Environmental Protection Authority.

• Schedule 1 form 16A: inserted, on 1 November 2010, by regulation 19(2) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

Form 16B
Submission to Environmental Protection Authority on matter where Minister has made a direction under section 142(2) or 147(1)(a) or (b) of Resource Management Act 1991 and matter has been publicly notified or subject to limited notification

Sections 149E, 149O, and 149ZC, Resource Management Act 1991

To the Environmental Protection Authority

• 1 Full name of submitter:

• 2 This is a submission on a matter in relation to which the Minister for the Environment/Minister of Conservation/Minister for the Environment and the Minister of Conservation* made a direction under section 142(2) or 147(1)(a) or (b) of the Resource Management Act 1991.

  *Select one.

• 3 The matter is: [set out the matter and its description from the public notice].

• 4 I am/am not* a trade competitor of the applicant.

  *Select one.

• 5 Omit this paragraph if you are not a trade competitor.

  I am/am not* directly affected by an effect of the subject matter of the submission that—

  • (a) adversely affects the environment; and

  • (b) does not relate to trade competition or the effects of trade competition.

  *Select one.

• 6 The specific parts of the matter that my submission relates to are: [specify details].

• 7 My submission is: [specify—

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

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

  • the reasons for your view].

• 8 I seek the following decision from the Environment Court/board of inquiry*: [specify precise details, including the general nature of any conditions sought].

  *Select one.

• 9 I wish/do not wish* to be heard in support of my submission.

  *Select one.

• 10 Omit this paragraph if you would not consider presenting a joint case.

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

• 1 You may make a submission to the Environmental Protection Authority even if you have already made a submission to the local authority on the matter.

• 2 If you are a trade competitor, your right to make a submission may be limited by section 149E of the Resource Management Act 1991.

• 3 You must serve a copy of your submission on the applicant as soon as practicable after you have served your submission on the Environmental Protection Authority.

• Schedule 1 form 16B: inserted, on 1 November 2010, by regulation 19(2) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

Form 16C
Further submission to Environmental Protection Authority where matter relates to request for preparation of regional plan, request for change to plan, change to plan, or variation to proposed plan where Minister has made a direction under section 142(2) or 147(1)(a) or (b) of the Resource Management Act 1991

Sections 149F and 149O, Resource Management Act 1991

To the Environmental Protection Authority

• 1 Full name of person making further submission:

• 2 This is a further submission in support of/in opposition to* a submission on the following request for the preparation of a regional plan/request for a change to a plan/change to a plan/variation to a proposed plan* (the proposal): [name of proposed plan or change to plan or variation to a proposed plan].

  *Select one.

• 3 I am [state whether you are—

  • 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 has an interest in the proposal that is greater than the interest that the general public has. In this case, also explain the grounds for saying that you come within this category; or

  • the local authority].

• 4 I support/oppose* the submission of [name and address of original submitter and submission number of original submission if available].

  *Select one.

• 5 The particular parts of the submission I support/oppose* are: [clearly indicate which parts of the original submission you support or oppose, together with any relevant provisions of the proposal].

  *Select one.

• 6 The reasons for my support/opposition* are: [specify reasons].

  *Select one.

• 7 I seek that the whole/part [describe part]* of the submission be allowed/disallowed*: [specify precise details].

  *Select one.

• 8 I wish/do not wish* to be heard in support of my further submission.

  *Select one.

• 9 Omit this paragraph if you would not consider presenting a joint case.

  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 further submission on the applicant and the original submitter no later than 5 working days after the date on which you provide the Environmental Protection Authority with the further submission.

• Schedule 1 form 16C: inserted, on 1 November 2010, by regulation 19(2) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

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 (for example, by showing what is understood about the financial responsibilities and providing 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 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.

• Schedule 1 form 17: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

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

Sections 145, 168(1), (2), 168A, and 181, and clause 4 of Schedule 1, Resource Management Act 1991

To [name of territorial authority or the Environmental Protection 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 conditions 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.]

If the notice relates to a requirement for a designation, or an alteration to a designation, under section 168A of the Resource Management Act 1991, you must use—

• this form if the requirement is lodged with the Environmental Protection Authority; or

• form 20 if the requirement is not lodged with the Environmental Protection Authority.

If the requirement is lodged with the Environmental Protection Authority, you must also lodge a form in form 16A at the same time.

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

If this notice is to the Environmental Protection Authority, you may be required to pay actual and reasonable costs incurred in dealing with this matter (see section 149ZD of the Resource Management Act 1991).

• Schedule 1 form 18: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

Form 19
Notice of requirement for designation or alteration of designation

Sections 168A(1A), 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 or [name of territorial authority] gives notice of its requirement for a designation (or an alteration to a designation)].

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, but a person who is a trade competitor of the requiring authority may do so only if that person is directly affected by an effect of the activity to which the requirement relates that—

• (a) adversely affects the environment; and

• (b) does not relate to trade competition or the effects of trade competition.

You may make a submission by sending a written or electronic 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 unless extended under section 37].

*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].

• Schedule 1 form 19 heading: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• Schedule 1 form 19: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

Form 20
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 conditions 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].

[Name of territorial authority] 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.]

• Schedule 1 form 20 heading: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• Schedule 1 form 20: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

Form 21
Submission on requirement for designation or heritage order or alteration of designation or heritage order that is subject to public notification or limited notification by a territorial authority

Sections 168A, 169, 181, 189A, 190, and 195A, 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.

If you are making a submission to the Environmental Protection Authority, you should use form 16B.

If your submission relates to a notice of requirement for a designation or an alteration to a designation, and you are a trade competitor of the requiring authority, you may make a submission only if you are directly affected by an effect of the activity to which the requirement relates that—

• (a) adversely affects the environment; and

• (b) does not relate to trade competition or the effects of trade competition.

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 heading: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• Schedule 1 form 21: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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, 192(c), and 195A, 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].

I am/am not* a trade competitor for the purposes of section 308D of the Resource Management Act 1991.

*I am/am not† directly affected by an effect of the subject of the appeal that—

• (a) adversely affects the environment; and

• (b) does not relate to trade competition or the effects of trade competition.

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.

Your right to appeal may be limited by the trade competition provisions in Part 11A of the Resource Management Act 1991.

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, and serve copies on the other parties, within 15 working days after the period for lodging a notice of appeal ends. Your right to be a party to the proceedings in the court may be limited by the trade competition provisions in section 274(1) and Part 11A of the Resource Management Act 1991.

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 in Auckland, Wellington, or Christchurch.

• Schedule 1 form 22: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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).

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 financial responsibilities and providing 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.

• Schedule 1 form 25: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

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

Sections 145, 189, 189A, and 195A, Resource Management Act 1991

To [name of territorial authority or the Environmental Protection 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.]

If the notice relates to a requirement for a heritage order, or an alteration to a heritage order, under section 189A, you must use—

• this form if the requirement is lodged with the Environmental Protection Authority; or

• form 28 if the requirement is not lodged with the Environmental Protection Authority.

If the requirement is lodged with the Environmental Protection Authority,—

• you must also lodge a form in form 16A at the same time; and

• you must serve the local authority with notice of the matter and of its lodging with the Environmental Protection Authority.

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

• Schedule 1 form 26 heading: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• Schedule 1 form 26: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

Form 27
Public notice of requirement for heritage order or alteration of heritage order

Sections 189A(2), 190(1), and 195A, 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 or name of territorial authority].

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 or electronic 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].

• Schedule 1 form 27 heading: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• Schedule 1 form 27: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

Form 27A
Request for requirement to be determined by Environment Court

Section 198B, Resource Management Act 1991

To [name of territorial authority]

• 1 I, [full name of requiring authority or of heritage protection authority], request that you allow the following requirement by me to be the subject of a decision by the Environment Court instead of a recommendation by you and a decision by me:

  • a requirement for a designation under section 168.

  • a requirement for a heritage order under section 189.

  • a requirement under section 181 (other than a notice to which section 181(3) applies) for an alteration to a designation to which section 168 applied.

  • a requirement under section 195A (other than a notice to which section 195A(3) applies) for an alteration to a heritage order to which section 189 applied.

• 2 [Briefly describe the details of the requirement to which the request relates in enough detail to identify the relevant matter.]

• 3 The reasons for the request are as follows: [set out why you are making the request and the factors you wish the territorial authority to consider].

If the territorial authority receives the request after it has determined that the application will not be notified, or if it decides not to notify the application, it must refuse the request.

You may make this request only in the period starting on the day on which you give notice under section 168 or 189 and ending 5 working days after the date on which the period for submissions closes.

• Schedule 1 form 27A: inserted, on 1 November 2010, by regulation 19(2) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

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

Sections 189A and 195A, 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].

[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.]

• Schedule 1 form 28 heading: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• Schedule 1 form 28: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

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 or electronic 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.

• Schedule 1 form 29: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

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 31A
Notice of motion (for proceedings under section 87G, 149T, 198E, or 198K of Resource Management Act 1991)

Sections 87G, 149T, 198E, and 198K, Resource Management Act 1991

To the Registrar

Environment Court

Auckland, Wellington, and Christchurch

• 1 I, [full name], apply under [relevant section and statute] for [nature of order(s) sought].

• 2 The grounds for the application are: [specify details].

• 3 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.

• 1 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.

• 2 You must serve copies of this notice and the affidavit on the local authority or consent authority, and on any person who made a submission on the matter, as soon as is reasonably practicable after lodging the notice.

• 3 As soon as is reasonably practicable after you have served the documents, you must advise the Registrar of the names, addresses, and dates of service of the persons served.

• 4 You may be heard on this application if you come within section 274(1) of the Resource Management Act 1991. If you are a trade competitor of the applicant, your right to be heard may be limited.

• 5 If you wish to be heard on the application as a party, you must lodge a notice in form 33 with the Environment Court, and serve copies on the other parties, within 15 working days after the application was lodged with the court.

• 6 If you have any questions about this notice, contact the Environment Court in Auckland, Wellington, or Christchurch.

• Schedule 1 form 31A: inserted, on 1 November 2010, by regulation 19(2) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

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

• the Attorney-General representing a relevant aspect of the public interest (in this case, also specify the aspect of the public interest); or

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

• a person who made a submission about the subject matter of the proceedings].

I am/am not* a trade competitor for the purposes of section 308C of the Resource Management Act 1991.

*I am/am not† directly affected by an effect of the subject of the appeal that—

• (a) adversely affects the environment; and

• (b) does not relate to trade competition or the effects of trade competition.

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 15 working days after—

• the period for lodging a notice of appeal ends, if the proceedings are an appeal; or

• the decision to hold an inquiry, if the proceedings are an inquiry; or

• the proceedings are commenced, in any other case.

Your right to be a party to the proceedings in the court may be limited by the trade competition provisions in section 274(1) and Part 11A of the Resource Management Act 1991.

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 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).

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

• Schedule 1 form 33: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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).

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].

I am/am not* a trade competitor for the purposes of section 308D of the Resource Management Act 1991.

*I am/am not† directly affected by an effect of the subject of the appeal that—

• (a) adversely affects the environment; and

• (b) does not relate to trade competition or the effects of trade competition.

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.

Your right to appeal may be limited by the trade competition provisions in Part 11A of the Resource Management Act 1991.

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 15 working days after the period for lodging a notice of appeal ends.

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).

Your right to be a party to the proceedings in the court may be limited by the trade competition provisions in section 274(1) and Part 11A of the Resource Management Act 1991.

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

• Schedule 1 form 34: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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).

Form 35
Reply to appeal or request for inquiry

Section 289, Resource Management Act 1991

• Schedule 1 form 35: revoked, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

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 and when those persons were served.

This form should be used to object to the taking of an interest in land under section 23 of the Public Works Act 1981.

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 in Auckland, Wellington, or Christchurch.

• Schedule 1 form 36: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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).

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 in Auckland, Wellington, or Christchurch.

• Schedule 1 form 37: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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).

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 in Auckland, Wellington, or Christchurch.

• Schedule 1 form 38: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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).

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 in Auckland, Wellington, or Christchurch.

• Schedule 1 form 41: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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).

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 Registrar within 15 working days after the date the application was made.

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, 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 in Auckland, Wellington, or Christchurch.

• Schedule 1 form 42: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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).

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 Judge or District Court 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 in Auckland, Wellington, or Christchurch.

• Schedule 1 form 43: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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).

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, 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 in Auckland, Wellington, or Christchurch.

• Schedule 1 form 44: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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).

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, 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 in Auckland, Wellington, or Christchurch, or you may contact an office of the District Court.

• Schedule 1 form 45: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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).

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 in Auckland, Wellington, or Christchurch.

• Schedule 1 form 46: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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).

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, 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 in Auckland, Wellington, or Christchurch.

• Schedule 1 form 47: amended, on 1 November 2010, by regulation 19(1) of the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2010 (SR 2010/279).

• 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).