Supplementary Order Paper No 534

No 534

House of Representatives

Supplementary Order Paper

Thursday, 2 July 2020

COVID-19 Recovery (Fast-track Consenting) Bill

Proposed amendments

Hon David Parker, in Committee, to move the following amendments:

Clause 6

Replace clause 6 (page 3, line 31 to page 4, line 5) with:

6 Treaty of Waitangi

In achieving the purpose of this Act, all persons performing functions and exercising powers under it must act in a manner that is consistent with—

(a)

the principles of the Treaty of Waitangi; and

(b)

Treaty settlements.

Clause 34

Replace clause 34(1) (page 24, lines 4 to 6) with:

(1)

The Minister must not recommend that an Order in Council be made under this section unless the Minister is satisfied that—

(a)

the change made by the order will help to achieve the purpose of this Act; and

(b)

the recommendation is consistent with section 6 (Treaty of Waitangi).

Schedule 6

In Schedule 6, after clause 27(2) (page 89, after line 16), insert:

(3)

In respect of the matters listed under subclause (1), a panel must apply section 6 of this Act (Treaty of Waitangi) instead of section 8 of the Resource Management Act 1991 (Treaty of Waitangi).

In Schedule 6, after clause 29(1) (page 91, after line 29), insert:

(2)

In respect of the matters listed under subclause (1), a panel must apply section 6 of this Act (Treaty of Waitangi) instead of section 8 of the Resource Management Act 1991 (Treaty of Waitangi).

In Schedule 6, after clause 29(11) (page 93, after line 5), insert:

(12)

A panel must decline a consent application for a referred project if that is necessary to comply with section 6 (Treaty of Waitangi).

In Schedule 6, after clause 31(5) (page 94, after line 30), insert:

(6)

In making its decision under subclause (5), a panel must apply section 6 of this Act (Treaty of Waitangi) instead of section 8 of the Resource Management Act 1991 (Treaty of Waitangi).

In Schedule 6, clause 32(1)(b), replace “inconsistent with any Treaty settlement” (page 95, line 37) with “inconsistent with section 6 (Treaty of Waitangi)”.

Explanatory note

This Supplementary Order Paper proposes amendments to the COVID-19 Recovery (Fast-track Consenting) Bill.

Clause 6 (Treaty of Waitangi) is replaced to reinstate the version that was included in the Bill as introduced. This would require those who perform functions and exercise powers under the Bill to act in a manner that is consistent with the principles of the Treaty of Waitangi and Treaty settlements (rather than requiring only that the principles of the Treaty of Waitangi be taken into account).

Clause 34 is the empowering provision for Orders in Council to add agencies that may carry out work on infrastructure in reliance on subpart 2 of Part 2 of the Bill. Clause 34(1) requires the Minister for the Environment (the Minister) to be satisfied of certain matters before recommending that an order be made under that section. Clause 34(1) is replaced to reinstate the requirement for the Minister to be satisfied, before recommending that an order be made, that the recommendation is consistent with clause 6.

In Schedule 6, consequential amendments are made to insert new clauses 27(3), 29(2), and 31(6), and to amend clause 32(1)(b), to reflect that the wording of clause 6 is different from that of section 8 of the Resource Management Act 1991. Clause 29(12) is replaced to reinstate the requirement for an expert consenting panel to decline consent for a referred project if necessary to comply with clause 6.

Departmental disclosure statement

The Ministry for the Environment considers that a departmental disclosure statement is not required to be prepared for this Supplementary Order Paper.