This Act may be cited as the America’s Cup (Planning) Act 1989.

This Act shall apply within—

In this Act, unless the context otherwise requires,—

There is hereby established a Planning Authority to be called the America’s Cup Planning Authority.

The membership of the Planning Authority shall comprise—

Where an application is made under this Act in respect of any proposal or facility or proposed facility, the Council of the district to which the proposal relates or within which the facility or proposed facility is situated or proposed to be situated shall forthwith appoint 3 of its members to be members of the Planning Authority. Those persons shall be members of the Planning Authority while it considers and makes decisions relating to the application.

The members of the Planning Authority shall hold office at the pleasure of the body or persons which or who appointed them.

Any member of the Planning Authority may at any time resign from office by written notice to the body or persons which or who appointed the member.

If any member dies, resigns, or is removed from office, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made.

The Auckland Regional Authority may from time to time appoint a member of that Authority to be an alternate member of the Planning Authority.

Section 5(3) to (5) of this Act shall apply in respect of any alternate member as if that alternate member had been appointed as a member of the Planning Authority pursuant to section 5(1)(a) of this Act.

If any member of the Planning Authority (being a member appointed pursuant to section 5(1)(a) of this Act) is prevented by illness, absence, or other sufficient cause from acting as a member of the Planning Authority, any alternate member appointed under subsection (1) of this section may without further appointment act in the place of that member, and while that alternate member is so acting he or she shall be deemed to be a member of the Planning Authority.

The fact that any alternate member acts as a member of the Planning Authority shall be conclusive evidence of his or her authority to do so, and no person shall be concerned to inquire whether the occasion requiring or authorising him or her to do so has arisen or has ceased.

If any member of the Planning Authority is prevented by illness, absence, or other sufficient cause from acting as a member of the Planning Authority, the body or persons which or who appointed the member may appoint a deputy to act in place of the member. While the deputy is so acting he or she shall be deemed to be a member of the Planning Authority. The fact that any deputy so acts shall be conclusive evidence of his or her authority to do so, and no person shall be concerned to inquire whether the occasion requiring or authorising him or her to do so has arisen or has ceased.

The Minister of Local Government may from time to time determine the remuneration to be paid to members of the Planning Authority by way of fees, salary, or allowances, and travelling allowances or expenses.

Subject to the provisions of this Act, the Planning Authority may regulate its own procedure.

At all meetings of the Planning Authority the quorum necessary for the transaction of business shall be 4 members.

The Auckland Regional Authority shall provide such secretarial, accounting, technical, and other administrative facilities and services as are necessary to enable the Planning Authority to carry out its functions.

The costs and expenses incurred by the Planning Authority in carrying out its functions shall be borne by the Auckland Regional Authority so far as those costs and expenses are not met by fees and charges set by the Planning Authority.

Any document required to be served on, lodged with, or sent to the Planning Authority shall be served on, lodged with, or sent to the chief executive of the Auckland Regional Authority.

The Planning Authority shall have the following functions:

The Planning Authority shall have such powers as are reasonably necessary or expedient to enable it to carry out its functions.

Without limiting subsection (1) of this section, the Planning Authority shall have—

Before dealing with the application, the Planning Authority or its Secretary shall require every person who makes an application under section 15 or section 28 of this Act (but not any statutory authority applying under section 28 of this Act) to pay a deposit against the reasonable costs and expenses which will be incurred by the Planning Authority in considering the application and making a decision.

If the deposit is more than those costs and expenses, the excess shall be refunded.

If the deposit is less than those costs and expenses, the Planning Authority shall require the applicant to pay the deficiency before releasing its decision.

Any body or person may apply for any consent to be granted under this Act in respect of any proposal or facility or proposed facility by submitting a written application to the Planning Authority.

Notwithstanding the provisions of subsection (1) of this section, an application may be made for a change to a district scheme or maritime planning scheme or for a variation of a proposed scheme, change, or review, under the Town and Country Planning Act 1977, applicable to the district or maritime planning area within which the facility or proposed facility is situated or proposed to be situated. Every such application for a change or variation shall be deemed to be an application for a consent within the meaning of this Act.

Every such application shall—

On receiving an application under section 15 of this Act, the Planning Authority shall as soon as practicable, after giving the applicant the opportunity to be heard, determine whether, in the opinion of the Planning Authority,—

and it is unlikely that the consents sought would be granted in time to enable the proposal to be implemented or the facility or proposed facility to be ready in time for the America’s Cup events if applications for the consents were made in the normal way.

If the Planning Authority is not satisfied that the proposal or facility or proposed facility meets the criteria set out in this section it shall forthwith serve written notification of its decision on the applicant.

If the Planning Authority is satisfied that the proposal or facility or proposed facility meets the criteria set out in section 16 of this Act, it shall forthwith serve written notification on the applicant that the application will be dealt with under this Act and serve a copy of the application, together with a copy of all documents and plans which accompanied it, on—

If a consent under the Town and Country Planning Act 1977 is specified in the application, the Planning Authority shall, at the applicant’s expense, as soon as practicable serve notice of the application on every person who would be required to be served if application for that consent had been made in the normal way.

The Planning Authority may delegate to its Secretary or to any officer of the Auckland Regional Authority all or any of its powers, duties, and discretions under this Act, the Town and Country Planning Act 1977 or under any regulations in force under that Act, or under any other statutory provision, in any way relating to—

At the same time as the Planning Authority serves copies of the application under section 17 of this Act, it shall cause public notice to be given of the application and call for written objections or submissions in support to be lodged with the Planning Authority and the Parliamentary Commissioner for the Environment, within such period as the Planning Authority specifies in the notice, being not less than 10 wonting days after the date of the public notice, by—

The public notice given under subsection (1) of this section shall also—

On application by any person and on the payment of such reasonable fee as may be fixed by the Secretary of the Planning Authority, the Secretary shall supply to that person a copy of the application and of all documents and plans which accompanied it.

At the time and place notified under section 18(2)(b) of this Act or as soon as practicable thereafter, the Planning Authority shall proceed to conduct a hearing of the application.

The Planning Authority shall not proceed with a hearing of an application made under section 15(2) of this Act for a change or variation without the prior written consent of the Council or Maritime Planning Authority which administers the district scheme or maritime planning scheme to which the application relates.

The following bodies and persons shall have the right to be present and be heard at every nearing under section 20 of this Act:

Any body or person entitled to be present at the hearing may be represented by counsel or by any duly authorised representative.

In deciding whether to grant each consent sought the Planning Authority shall determine whether the application satisfies the criteria which would apply in respect of the consent if application had been made in the normal way and not pursuant to this Act.

On completion of the hearing the Planning Authority may—

In respect of each consent granted, the Planning Authority shall—

being in each case a term or period of time, and conditions, restrictions, and prohibitions that must or could have been lawfully provided for or imposed if the consent had been granted in the normal way.

Notwithstanding the provisions of subsection (2) of this section or of any Act under which the consent would normally have been granted, the Planning Authority may determine that any consent granted by it under this Act shall expire on such date as it determines when granting the consent.

The Planning Authority may also impose conditions relating to the removal of any facility or proposed facility and the restoration of the site on which it is situated or proposed to be situated, and may require the applicant to provide a cash deposit or bond to ensure the fulfilment or observance of any such conditions.

Notwithstanding anything in the Town and Country Planning Act 1977, if a nearing has been conducted into an application made under section 15(2) of this Act for a change or variation, the Planning Authority may direct the appropriate Council or Maritime Planning Authority to make the change or variation sought; and, subject to section 29 of this Act, the Council or Maritime Planning Authority shall without further formality or notice or other proceedings make that change or variation to give effect to the decision of the Planning Authority or the Tribunal, as the case may be.

Notwithstanding the provisions of any Act under which the consent would normally have been granted, every consent granted by the Planning Authority under this Act shall lapse on the expiry of—

unless the body or person to which or to whom it was granted has given effect to the consent or the Planning Authority has, on an application made within 3 months after the expiry of that period, determined that that body or person has made substantial progress towards giving effect to the consent and is continuing to do so.

As soon as practicable after reaching a decision the Planning Authority shall serve each party to the hearing with a written copy of its decision and the reasons for it.

A copy of every plan referred to in any consent granted under section 23(1) of this Act shall be kept at such place or places as may be specified by the Planning Authority, and shall be available for public inspection, without charge, during ordinary office hours at that place or those places.

Every consent granted under section 23 of this Act shall have the same force and effect as if it had been granted in the normal way.

Subject to this Act, the provisions of each statutory provision under which each such consent would normally have been granted shall, so far as is practicable and with the necessary modifications, apply in respect of that consent as if it had been granted under that statutory provision.

Where a consent has been granted under section 23 of this Act, the applicant or the statutory authority which would normally have granted the consent may apply to the Planning Authority for the variation or cancellation of any condition, restriction, or prohibition imposed in respect of the consent or for the imposition of a new condition, restriction, or prohibition.

If the Planning Authority considers that—

it shall call for written submissions to be lodged with it, within 5 working days after receipt of the call, from the holder of the consent and the statutory authority which would normally have granted the consent.

After considering any submissions received in accordance with subsection (2) of this section, the Planning Authority may vary or cancel the condition, restriction, or prohibition or impose the new condition, restriction, or prohibition, as the case may require.

If the Planning Authority considers that the application does not meet the criteria set out in subsection (2) of this section, it shall so advise the holder of the consent and the statutory authority which would normally have granted the consent and shall conduct a hearing of the application; and in any such case the provisions of this Act (other than section 16 of this Act), with the necessary modifications, shall apply in respect of the application as if it were an application made under section 15 of this Act.

On completion of a hearing held pursuant to subsection (4) of this section, the Planning Authority may vary or cancel the condition, restriction, or prohibition or impose the new condition, restriction, or prohibition, as the case may require.

As soon as practicable after reaching a decision under this section, the Planning Authority shall—

The powers conferred on the Planning Authority by this section are subject to the provisions of section 23(2) of this Act.

Nothing in this section shall prevent any body or person which or who has been granted a consent under this Act from applying in the normal way for the variation or cancellation of any condition, restriction, or prohibition or for the imposition of a new condition, restriction, or prohibition notwithstanding that the consent in respect of which application is made was granted under this Act.

Any applicant who has made an application under section 15 of this Act and who is dissatisfied with the Planning Authority’s decision under section 16 of this Act in relation to the application may, within 5 working days after receiving notification of the decision, appeal to the Tribunal against the Planning Authority’s decision.

Any party to any hearing held by the Planning Authority under section 20 or section 28 of this Act may, within 5 working days after receiving notification of the decision, appeal to the Tribunal against the Planning Authority’s decision or against any variation, condition, restriction, or prohibition granted or imposed in respect of any consent granted.

Subject to this section, the provisions of the Town and Country Planning Act 1977 and of the regulations in force under that Act shall apply to and in respect of every appeal made under this section, and to and in respect of the Tribunal, as if the appeal were an appeal under section 49 or section 69 of that Act.

In respect of every appeal made under this section, regulation 58(1) of the Town and Country Planning Regulations 1978 shall be read as if—

The hearing and determination of any appeal under this section shall have priority over every other matter before the Tribunal, except any other appeal before it under this section.

If there are 2 or more appeals before it under this section, the Tribunal may determine which such appeal or appeals shall take priority over any other such appeal or appeals without taking into account whether any such appeal was lodged before any other such appeal.

So long as they act bona fide in the performance of their duties no action shall lie against the members of the Planning Authority or the Tribunal or any of them for anything they may say or do in the exercise of the powers, duties, and functions under this Act.

All Courts and persons acting judicially shall take judicial notice of the signature of the presiding member of the Planning Authority and of the Secretary of the Planning Authority when attached or appended to any document purporting to be made or issued by the Planning Authority.

Prima facie evidence of the making or issue of any document purporting to be made or issued by the Planning Authority under this Act may be given in all Courts and in all legal proceedings in either of the following ways:

The Governor-General may from time to time, by Order in Council, make regulations providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.

Except as otherwise provided in this Act, nothing in this Act shall derogate from or affect the statutory rights, functions, powers, duties, and responsibilities of any body or person in respect of the construction, undertaking, or operation of any facility or proposed facility which the Planning Authority has determined meets the criteria set out in section 16 of this Act.

The specified provisions of the Acts set out in the Schedule to this Act and the provisions of every regulation, rule, Order in Council, Proclamation, notice, bylaw, regional planning scheme, district scheme, and maritime planning scheme in force under any of those provisions shall be read subject to the provisions of this Act so far as is necessary to give effect to this Act.

Part III of the First Schedule to the Ombudsmen Act 1975 is hereby amended by inserting in its appropriate alphabetical order the following item:

Section 46(4) of the Local Government Official Information and Meetings Act 1987 is hereby amended by adding the following paragraph:

Part II of the First Schedule to the Local Government Official Information and Meetings Act 1987 is hereby amended by inserting, in its appropriate alphabetical order, the following item:

This Act shall be deemed to be repealed on the expiry of the period of 4 years commencing on the date on which it comes into force.

Notwithstanding the repeal of this Act pursuant to subsection (1) of this section, every consent granted under this Act, and every condition, restriction, and prohibition subject to which every such consent was granted, shall continue in force and have effect as if it had been granted or imposed in the normal way pursuant to the statutory provision referred to in the decision granting the consent; and the provisions of the statutory provision so referred to, with the necessary modifications, shall accordingly apply in respect of the consent and of the conditions, restrictions, and prohibitions subject to which the consent was granted.