Resource Management Act 1991

  • not the latest version
  • This version was replaced on 20 September 2017 to incorporate missing amendments from section 188 of the Resource Legislation Amendment Act 2017.

Schedule 12 Transitional, savings, and related provisions

s 3B

Schedule 12: replaced, on 4 September 2013, by section 68 of the Resource Management Amendment Act 2013 (2013 No 63).

Schedule 12 heading: replaced, on 19 April 2017, by section 122 of the Resource Legislation Amendment Act 2017 (2017 No 15).

1AA Overview

In addition to the transitional, savings, and related provisions set out in this schedule, other transitional, savings, and related provisions that may apply are those set out in—

(a)

Part 15, in relation to the principal Act:

(b)

subpart 3 of Part 2 of the Resource Management Amendment Act 2003:

(c)

Part 2 of the Resource Management (Energy and Climate Change) Amendment Act 2004:

(d)

sections 131 to 135 of the Resource Management Amendment Act 2005:

(e)

Part 2 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009.

Schedule 12 clause 1AA: inserted, on 19 April 2017, by section 122 of the Resource Legislation Amendment Act 2017 (2017 No 15).

Part 1 Provisions relating to Resource Management Amendment Act 2013

Schedule 12 Part 1 heading: inserted, on 19 April 2017, by section 122 of the Resource Legislation Amendment Act 2017 (2017 No 15).

1 Interpretation

In this Part, amendment Act means the Resource Management Amendment Act 2013, which amends this Act.

Schedule 12 clause 1: amended, on 19 April 2017, by section 122 of the Resource Legislation Amendment Act 2017 (2017 No 15).

2 Existing section 32 applies to some proposed policy statements and plans

If Part 2 of the amendment Act comes into force on or after the date of the last day for making further submissions on a proposed policy statement or plan (as publicly notified in accordance with clause 7(1)(d) of Schedule 1), the further evaluation for that proposed policy statement or plan must be undertaken as if Part 2 had not come into force.

3 National policy statements

An amendment made by the amendment Act applies to a national policy statement whether the statement was issued before or after the commencement of the amendment.

4 Existing rules providing for protection of trees

(1)

An existing rule or part of a rule in a district plan or proposed district plan that complied with section 76(4A) immediately before its amendment by the amendment Act is revoked, without further authority than this clause, on the day that is 24 months after the date on which Part 1 of the amendment Act comes into force.

(2)

Subclause (1) applies unless the rule or part of the rule complies with section 76(4A) and (4B) as inserted by the amendment Act.

Schedule 12 clause 4(1): amended, on 19 April 2017, by section 122 of the Resource Legislation Amendment Act 2017 (2017 No 15).

5 Certain new rules providing for protection of trees may take effect once plan change notified

(1)

Subclause (2) applies if, before the date referred to in clause 4(1),—

(a)

a territorial authority has made a rule, or amended a rule, so that it complies with section 76(4A) and (4B) as inserted by the amendment Act; and

(b)

the rule has not yet taken effect; but

(c)

the proposed plan or change containing the rule has been notified.

(2)

The rule has legal effect on and from the date referred to in clause 4(1).

6 Proposals of national significance

(1)

Subclause (2) relates to the following amendments made by the amendment Act (which relate to proposals of national significance):

(a)

the amendments to sections 29 and 39 and to Part 6AA (sections 140 to 149ZE):

(b)

the amendment to section 32A made by section 6 of the amendment Act:

(c)

the amendment that inserts section 42A(1) and (1AA).

(2)

The amendments apply to any matter—

(a)

whether it was lodged with a local authority or the EPA, or initiated by a local authority, before or after the commencement of the amendments; and

(b)

whether it was referred to or prepared by a board of inquiry before or after the commencement of the amendments.

(3)

However, if a request for the Minister to call in a matter was made before the commencement of the amendment that inserts section 142(6A), the request must be determined as if the amendment had not been made.

7 Notices of requirement

(1)

This clause relates to an amendment made by the amendment Act that affects a requirement for a designation or heritage order.

(2)

The requirement must be determined as if the amendment had not been made if, immediately before the commencement of the amendment,—

(a)

1 or more of the following had occurred:

(i)

a notice of the requirement had been given under section 168(1) or (2) or 189(1):

(ii)

the territorial authority had resolved to publicly notify the requirement under section 168A(1):

(iii)

the territorial authority had given notice of the requirement under section 189A(1):

(iv)

a requiring authority had given notice of the requirement, and the requirement was for a modified designation, under clause 4 of Schedule 1:

(v)

the territorial authority had decided to include the requirement in its proposed district plan under clause 4 of Schedule 1; but

(b)

the requirement had not proceeded to the stage at which no further appeal was possible.

(3)

Subclauses (1) and (2) also apply as if a requirement to alter a designation or heritage order were a requirement for a designation or heritage order.

(4)

This clause is subject to clause 6.

8 Applications and matters

(1)

Subclause (3) applies to anything specified in subclause (2) that, immediately before the commencement of an amendment made by the amendment Act,—

(a)

had been lodged with or initiated by a local authority or a Minister; but

(b)

had not proceeded to the stage at which no further appeal was possible.

(2)

The things referred to in subclause (1) are—

(a)

an application for a resource consent (or anything treated by this Act as if it were an application for a resource consent):

(b)

any other matter in relation to a resource consent (or in relation to anything treated by this Act as if it were a resource consent):

(c)

an application for a water conservation order under section 201(1):

(d)

an application to revoke or amend a water conservation order under section 216(2):

(e)

an application or a proposal to vary or cancel an instrument creating an esplanade strip under section 234(1) or (3):

(f)

a matter of creating an esplanade strip by agreement under section 235(1).

(3)

The application or matter must be determined as if the amendment had not been made.

(4)

This clause is subject to clauses 6 and 7.

(5)

This clause does not apply to an amendment made by Part 2 of the amendment Act.

9 Enforcement proceedings

(1)

This clause relates to the amendment made by the amendment Act to section 318 (which relates to the right to be heard in proceedings for an application for an enforcement order).

(2)

If an application was made for an enforcement order before the commencement of the amendment, the application must be determined as if the amendment had not been made.

10 Return of property

The insertion of section 336 by the amendment Act is to be treated as having commenced on 1 October 2012 and section 336 is to be treated as having had continuous effect despite section 300(6) of the Search and Surveillance Act 2012.

Part 2 Provisions relating to Part 1 of Resource Legislation Amendment Act 2017

Schedule 12 Part 2: inserted, on 19 April 2017, by section 122 of the Resource Legislation Amendment Act 2017 (2017 No 15).

11 Interpretation

In this Part,—

amendment Act means Part 1 of the Resource Legislation Amendment Act 2017

commencement, in relation to a provision of the amendment Act or an amendment made by that provision, means the date on which that provision comes into force.

Schedule 12 clause 11: inserted, on 19 April 2017, by section 122 of the Resource Legislation Amendment Act 2017 (2017 No 15).

12 Specified matters subject to transitional arrangements

(1)

An amendment made by the amendment Act does not apply in respect of a matter specified in subclause (2) if, immediately before the commencement of the amendment, the matter—

(a)

has been lodged with a local authority, the EPA, or a Minister, or called in by the Minister; but

(b)

has not proceeded to the stage at which no further appeal is possible.

(2)

The matters referred in subclause (1) are—

(a)

an application for a resource consent (or anything treated by this Act as if it were an application for a resource consent):

(b)

any other matter in relation to a resource consent (or in relation to anything treated by this Act as if it were a resource consent):

(c)

a challenge under section 85 in relation to a provision or proposed provision of a plan or proposed plan that would render any land incapable of reasonable use:

(d)

an application relating to a nationally significant proposal lodged with the EPA or called in by the Minister under Part 6AA:

(e)

a notice of requirement—

(i)

for a designation or heritage order; or

(ii)

to alter a designation or heritage order:

(f)

an application for a water conservation order made under section 201(1) or to amend or revoke an order under section 216(2):

(g)

an application or a proposal to vary or cancel an instrument that creates an esplanade strip under section 234(1) or (3):

(h)

the creation of an esplanade strip by agreement under section 235(1).

(3)

This clause does not limit clauses 13 to 15.

Schedule 12 clause 12: inserted, on 19 April 2017, by section 122 of the Resource Legislation Amendment Act 2017 (2017 No 15).

13 Proposed policy statement or plans, changes, or variations

(1)

This clause applies to a proposed policy statement or plan, change, or variation that, immediately before the commencement of a relevant amendment made by the amendment Act,—

(a)

has been publicly notified under clause 5 or 26(b) of Schedule 1; but

(b)

has not proceeded to the stage at which no further appeal is possible.

(2)

The proposed policy statement, plan, change, or variation must be determined as if the amendments made by the amendment Act had not been enacted.

Schedule 12 clause 13: inserted, on 19 April 2017, by section 122 of the Resource Legislation Amendment Act 2017 (2017 No 15).

14 Transitional arrangements for early use of collaborative process

(1)

A collaborative planning process may be used in accordance with this clause if, before the commencement of subpart 4 of Part 5 (which provides for the use of a collaborative planning process), a local authority—

(a)

has commenced preparing, changing, or reviewing a policy statement or plan; but

(b)

has not publicly notified the proposed policy statement or plan or change under Part 1 of this schedule.

(2)

If a local authority wishes to use a collaborative process in the circumstances set out in subclause (1), the local authority must—

(a)

publicly notify its intention to apply to the Minister for approval to continue its process of preparing or changing a policy statement or plan using the collaborative planning process under this Part; and

(b)

invite submissions, to be submitted within 20 working days of the notice, on the proposal to use the collaborative planning process; and

(c)

submit to the Minister a summary of the submissions and a report setting out how the collaborative planning process meets the criteria set out in subclause (3).

(3)

The criteria are as follows:

(a)

whether there has been a clear intention to set up a collaborative group and appoint its members:

(b)

whether the composition of the collaborative group reflects the requirements set out in clause 40 of Schedule 1:

(c)

whether the commitment of the local authority to the consensus of the collaborative group is consistent with the requirement of clause 46(2)(a) of Schedule 1:

(d)

whether the terms of reference for the collaborative group are consistent with the terms of reference required by clause 41 of Schedule 1.

(4)

After considering any submissions and the report submitted under subclause (2)(c), the Minister—

(a)

may accept the application if the Minister is satisfied that the local authority meets the criteria set out in subclause (3), but must otherwise reject the application; and

(b)

if the Minister accepts the application, must notify that decision to the local authority not later than 2 months after the date of the application.

(5)

If the Minister accepts the application under subclause (4), the local authority must—

(a)

give public notice that the Minister has accepted the local authority’s application to continue its process of preparing, changing, or reviewing a policy statement or plan using the collaborative planning process; and

(b)

amend the terms of reference in accordance with clause 41 of Schedule 1.

(6)

This clause ceases to apply on the date that is 2 years after the commencement of this clause.

Schedule 12 clause 14: inserted, on 19 April 2017, by section 122 of the Resource Legislation Amendment Act 2017 (2017 No 15).

15 Application to fresh water of rules relating to water quality

Nothing in section 69(4) (as inserted by the amendment Act) affects any plan approved, resource consent granted, or water conservation order made before the commencement of that amendment if that plan, resource consent, or order refers to or incorporates any standards set out in Schedule 3.

Schedule 12 clause 15: inserted, on 19 April 2017, by section 122 of the Resource Legislation Amendment Act 2017 (2017 No 15).

16 Matters before the Environment Court

An amendment made by the amendment Act does not apply to any proceeding lodged with the Environment Court immediately before the commencement of that amendment.

Schedule 12 clause 16: inserted, on 19 April 2017, by section 122 of the Resource Legislation Amendment Act 2017 (2017 No 15).