Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006

2006/99

Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006


Note

These regulations are administered in the Ministry for the Environment.


  • Preamble

    At Wellington this 10th day of April 2006

Pursuant to section 360(1) of the Resource Management Act 1991, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
  • These regulations are the Resource Management (Forms, Fees, and Procedure) Amendment Regulations 2006.

2 Commencement
  • These regulations come into force on 1 June 2006.

3 Principal regulations amended
4 Prescribed forms for resource consents
  • (1) Regulation 9 is amended by—

    • (a) inserting , 94D after 94C in the second column of the first item relating to form 12; and

    • (b) inserting 94(1), before 96 in the second column of the first item relating to form 13; and

    • (c) omitting publicly notified application from the third column of each item relating to form 13 and substituting in each case application publicly notified or notice of which served under section 94(1) of the Act.

    (2) Regulation 9 is amended by omitting the last item in each column.

5 New regulation 10A inserted
  • The following regulation is inserted after regulation 10:

    10A Discretion to require notice to be affixed to site
    • (1) This regulation applies if an application for a resource consent must be publicly notified under any of sections 93, 94C, or 94D(1) of the Act.

      (2) A consent authority may require the notice (which must be in the form provided for by form 12) to be affixed in a conspicuous place on or adjacent to the site to which the application relates.

6 New regulation 12A inserted
  • The following regulation is inserted after regulation 12:

    12A Discretion to require notice to be affixed to site
    • (1) This regulation applies to the notification of a requirement for a designation or a heritage order under Part 8 of the Act.

      (2) A territorial authority may require the notice (which must be in the form provided for by form 19, 20, 27, or 28, as appropriate) to be affixed in a conspicuous place on or adjacent to the site to which the notice relates.

7 Proceedings and documents to be lodged with proper office of Environment Court
  • Regulation 19(2) is amended by—

    • (a) inserting or regions after districts in the first place where it appears; and

    • (b) omitting the table and substituting the following table:

      District or region  Office of Environment Court
      (a)All South Island districts and the Chatham Islands, but excluding the Marlborough districtChristchurch Environment Court
      (b)Marlborough districtWellington Environment Court
      (c)All districts and regions in the North Island except—Wellington Environment Court
       (i)Auckland and the districts and regions north of it; and 
       (ii)Hamilton city; and 
       (iii)Waikato district; and 
       (iv)Waipa district; and 
       (v)Waikato region; and 
       (vi)Hauraki district; and 
       (vii)Thames-Coromandel district; and 
       (viii)Bay of Plenty region; and 
       (ix)Western Bay of Plenty district; and 
       (x)Taupo district 
      (d)All North Island districts and regions listed in item (c)Auckland Environment Court
8 Application for interlocutory order
  • Regulation 25 is amended by revoking subclause (2) and substituting the following subclause:

    • (2) A party to the proceedings who wishes to be heard on the interlocutory application must lodge a written notice of the wish to be heard with the Registrar—

      • (a) within 3 working days of being served with the copy of the application; or

      • (b) within any shorter period that an Environment Judge considers appropriate in the circumstances.

9 Prescribed forms for declarations, enforcement orders, and abatement notices
  • Regulation 28 is amended by omitting 325(3B) from the second column of the item relating to form 49 and substituting 325(2).

10 Schedule 1 amended
  • (1) The list of the forms in Schedule 1 is amended by—

    • (a) omitting publicly notified application from the second column in relation to form 13 and substituting application publicly notified or notice of which served under section 94(1); and

    • (b) omitting matter of national significance, from the second column in relation to form 16.

    (2) Forms 3, 5, 6, 15, 21, and 30 of Schedule 1 are amended by inserting (A signature is not required if you make your submission by electronic means.) under Date in each case.

    (3) Form 6 of Schedule 1 is amended by omitting I seek the following decision from the local authority: and substituting I seek that the whole (or part [describe part]) of the submission be allowed (or disallowed):.

    (4) Forms 7, 8, 16, 22, 33, 34, 35, 36, 37, 38, 41, 42, 43, 44, 45, 46, 47, 49, and 50 of Schedule 1 are amended by omitting in each case the heading Contact details of Environment Court for lodging documents and all the material in the form that follows that heading.

    (5) Forms 9 and 10 of Schedule 1 are amended by omitting (or regional council, in the case of a coastal permit) in each case.

    (6) Form 12 of Schedule 1 is amended by inserting 94D, after 94C, in the line under the heading to this form.

    (7) Schedule 1 is amended by revoking form 13 and substituting the form 13 set out in the Schedule of these regulations.

    (8) Form 16 of Schedule 1 is amended by—

    • (a) omitting matter of national significance, from the heading to this form; and

    • (b) omitting 149(3), from the line under the heading to this form.

    (9) Form 24 of Schedule 1 is amended by—

    • (a) omitting You must lodge the original and 1 copy of this application with the Environment Court within 15 working days of receiving notice of the decision.; and

    • (b) inserting or heritage protection authority, as the case may be, after requiring authority.

    (10) Form 41 of Schedule 1 is amended by omitting the Minister for the Environment and.

    (11) Form 42 of Schedule 1 is amended by—

    • (a) omitting the Minister for the Environment c/- Ministry for the Environment Wellington and substituting the words [names and addresses of persons directly affected]; and

    • (b) omitting And to [names and addresses of persons directly affected].

    (12) Form 48 of Schedule 1 is amended by adding and, if possible, the person's address and date of birth after applies.

    (13) Form 49 of Schedule 1 is amended by omitting 325(3B) from the line under the heading to this form and substituting 325(2).


Schedule
New form 13 substituted in Schedule 1

r 10(7)

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

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Diane Morcom,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations amend a number of the regulations and forms in the Resource Management (Forms, Fees, and Procedure) Regulations 2003 (the principal regulations) and replace form 13. The changes are required to ensure that the principal regulations reflect, and facilitate the implementation of, amendments made to the Resource Management Act 1991 by the Resource Management Amendment Act 2005.

These regulations come into force on 1 June 2006.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 13 April 2006.