Canterbury Earthquake (Christchurch Replacement District Plan) Amendment Order 2015

2015/55

Coat of Arms of New Zealand

Canterbury Earthquake (Christchurch Replacement District Plan) Amendment Order 2015

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 23rd day of March 2015

Present:
His Excellency the Governor-General in Council

Pursuant to section 71 of the Canterbury Earthquake Recovery Act 2011, His Excellency the Governor-General makes the following order, acting—

  • (a) on the advice and with the consent of the Executive Council; and

  • (b) on the recommendation of the Minister for the Environment made following the Canterbury Earthquake Recovery Review Panel's review of a draft of the order.

Order

1 Title
  • This order is the Canterbury Earthquake (Christchurch Replacement District Plan) Amendment Order 2015.

2 Commencement
  • This order is deemed to have come into force on 1 September 2014.

3 Principal order
4 New clause 14A inserted (Environmental Protection Authority may provide support to hearings panel)
  • After clause 14, insert:

    14A Environmental Protection Authority may provide support to hearings panel
    • (1) The Environmental Protection Authority may provide administrative and technical support to the hearings panel for as long as may reasonably be required, including (without limitation)—

      • (a) managing the hearings process by providing an interim hearings manager:

      • (b) providing technical support associated with hosting the hearings panel’s Internet site:

      • (c) administering the payment of fees, expenses, and other amounts payable to members of the hearings panel:

      • (d) administering the payment of fees, expenses, and other amounts payable to the hearings panel’s legal adviser for his or her services to the panel.

      (2) All costs incurred by the Environmental Protection Authority under this clause are recoverable from Christchurch City Council as a debt due to the Authority.

      (3) The Canterbury Earthquake Recovery Act 2011, to the extent that it relates to this order, is to be treated as an environmental Act for the purposes of section 5 of the Environmental Protection Authority Act 2011.

Michael Webster,
Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which is deemed to have come into force on 1 September 2014, amends the Canterbury Earthquake (Christchurch Replacement District Plan) Order 2014 (the principal order) to give the Environmental Protection Authority a clear mandate to provide cost-recoverable technical and administrative support to the hearings panel that operates under the principal order, as if the Authority were providing this support under an environmental Act.

The principal order modifies the Resource Management Act 1991 to provide a streamlined process for the review of the existing Christchurch district plans (the Christchurch City Plan and the Banks Peninsula District Plan) and for the preparation of a comprehensive replacement district plan for the Christchurch district. In accordance with the principal order, a hearings panel (appointed by the Minister for the Environment and the Minister for Canterbury Earthquake Recovery, in consultation with the Christchurch City Council) has to conduct a hearing into any submissions and make final decisions on the plan by March 2016.

Clause 1 relates to the Title.

Clause 2 provides that the order is deemed to have come into force on 1 September 2014, which is the date from which the Environmental Protection Authority has been providing some support to the hearings panel.

Clause 3 provides that this order amends the principal order.

Clause 4 inserts new clause 14A into the principal order.

New clause 14A(1) describes the kind of support that the Environmental Protection Authority may provide to the hearings panel.

New clause 14A(2) enables the Authority to recover its costs from Christchurch City Council.

New clause 14A(3) provides that the Canterbury Earthquake Recovery Act 2011, to the extent that it relates to the principal order, is to be treated as an environmental Act for the purposes of section 5 of the Environmental Protection Authority Act 2011. This will give the Authority the same protection when it provides support under this clause as it would have when acting under an environmental Act such as the Resource Management Act 1991.

This order is made under the Canterbury Earthquake Recovery Act 2011 and its effect is temporary.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 26 March 2015.

This order is administered by the Ministry for the Environment.