Resource Management Act 1991

If you need more information about this Act, please contact the administering agency: Ministry for the Environment

Version as at 13 April 2023

Coat of Arms of New Zealand

Resource Management Act 1991

Public Act
1991 No 69
Date of assent
22 July 1991
see section 1(2)

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry for the Environment.


1Short Title and commencement
2AADefinitions relating to notification
2ABMeaning of public notice
2ACAvailability of documents
3Meaning of effect
3APerson acting under resource consent with permission
3BTransitional, savings, and related provisions
4Act to bind the Crown
4AApplication of this Act to ships and aircraft of foreign States
6Matters of national importance
7Other matters
8Treaty of Waitangi
9Restrictions on use of land
10Certain existing uses in relation to land protected
10ACertain existing activities allowed
10BCertain existing building works allowed
11Restrictions on subdivision of land
12Restrictions on use of coastal marine area
12ARestrictions on aquaculture activities in coastal marine area and on other activities in aquaculture management areas [Repealed]
12BContinuation of coastal permit for aquaculture activities if aquaculture management area ceases to exist [Repealed]
13Restriction on certain uses of beds of lakes and rivers
14Restrictions relating to water
15Discharge of contaminants into environment
15ARestrictions on dumping and incineration of waste or other matter in coastal marine area
15BDischarge of harmful substances from ships or offshore installations
15CProhibitions in relation to radioactive waste or other radioactive matter and other waste in coastal marine area
16Duty to avoid unreasonable noise
17Duty to avoid, remedy, or mitigate adverse effects
17ARecognised customary activity may be exercised in accordance with any controls [Repealed]
17BAdverse effects assessment [Repealed]
18Possible defence in cases of unforeseen emergencies
18AProcedural principles
19Certain rules in proposed plans to be operative [Repealed]
20Certain rules in proposed plans not to have effect [Repealed]
20ACertain existing lawful activities allowed
21Avoiding unreasonable delay
22Duty to give certain information
23Other legal requirements not affected
24Functions of Minister for the Environment
24APower of Minister for the Environment to investigate and make recommendations
25Residual powers of Minister for the Environment
25AMinister may direct preparation of plan, change, or variation
25BMinisters may direct commencement of review
26Minister may make grants and loans
27Minister may require local authorities to supply information
28Functions of Minister of Conservation
28ARegional council must supply information to Minister of Conservation
28BFunctions of Minister of Aquaculture
29Delegation of functions by Ministers
29ARestriction on Ministerial direction
30Functions of regional councils under this Act
31Functions of territorial authorities under this Act
31AMinister of Conservation to have certain powers of local authority
32Requirements for preparing and publishing evaluation reports
32AARequirements for undertaking and publishing further evaluations
32AFailure to carry out evaluation
33Transfer of powers
34Delegation of functions, etc, by local authorities
34ADelegation of powers and functions to employees and other persons
35Duty to gather information, monitor, and keep records
35ADuty to keep records about iwi and hapu
36Administrative charges
36AAACriteria for fixing administrative charges
36AABOther matters relating to administrative charges
36AALocal authority policy on discounting administrative charges
36ANo duty under this Act to consult about resource consent applications and notices of requirement
36BPower to make joint management agreement
36CLocal authority may act by itself under joint management agreement
36DEffect of joint management agreement
36ETermination of joint management agreement
37Power of waiver and extension of time limits
37ARequirements for waivers and extensions
37BPersons to have powers of consent authority for purposes of sections 37 and 37A
38Authorisation and responsibilities of enforcement officers
39Hearings to be public and without unnecessary formality
39AAHearing using remote access facilities
39BPersons who may be given hearing authority
39CEffect of lack of accreditation
40Persons who may be heard at hearings
41Provisions relating to hearings
41AControl of hearings
41BDirections to provide evidence within time limits
41CDirections and requests before or at hearings
41DStriking out submissions
42Protection of sensitive information
42AReports to local authority
42BEstablishment of Environmental Protection Authority [Repealed]
42CFunctions of EPA
42CACost recovery for specified function of EPA
42DSecretary for the Environment to exercise functions of EPA [Repealed]
43AABMeaning of district rule and regional rule
43AACMeaning of proposed plan
43Regulations prescribing national environmental standards
43AContents of national environmental standards
43BRelationship between national environmental standards and rules or consents
43CRelationship between national environmental standards and water conservation orders
43DRelationship between national environmental standards and designations
43ERelationship between national environmental standards and bylaws
43FDescription of discharges in national environmental standards for discharges
43GIncorporation of material by reference in national environmental standards [Repealed]
44Restriction on power to make national environmental standards
44ALocal authority recognition of national environmental standards
45Purpose of national policy statements (other than New Zealand coastal policy statements)
45AContents of national policy statements
46Proposed national policy statement [Repealed]
46ASingle process for preparing national directions
46BIncorporation of material by reference in national direction
47Board of inquiry
47ABoard of inquiry to suspend consideration or consider additional material
48Public notification of proposal for national direction and inquiry
49Submissions to board of inquiry
50Conduct of hearing
51Matters to be considered and board of inquiry’s report
51AWithdrawal of proposed national policy statement
52Consideration of recommendations and approval or withdrawal of statement
53Changes to or review or revocation of national policy statements
54Publication of national policy statements
55Local authority recognition of national policy statements
56Purpose of New Zealand coastal policy statements
57Preparation of New Zealand coastal policy statements
58Contents of New Zealand coastal policy statements
58AIncorporation of material by reference in New Zealand coastal policy statements [Repealed]
58BPurposes of national planning standards
58CScope and contents of national planning standards
58DPreparation of national planning standards
58EApproval of national planning standard
58FPublication of national planning standards and other documents
58GFirst set of national planning standards
58HChanging, replacing, or revoking national planning standards
58ILocal authority recognition of national planning standards
58JTime frames applying under first set of national planning standards
58KObligation to publish documents
58MPurpose of Mana Whakahono a Rohe
58NGuiding principles
58OInitiation of Mana Whakahono a Rohe
58POther opportunities to initiate Mana Whakahono a Rohe
58QTime frame for concluding Mana Whakahono a Rohe
58RContents of Mana Whakahono a Rohe
58SResolution of disputes that arise in course of negotiating Mana Whakahono a Rohe
58TReview and monitoring
58URelationship with iwi participation legislation
59Purpose of regional policy statements
60Preparation and change of regional policy statements
61Matters to be considered by regional council (policy statements)
62Contents of regional policy statements
63Purpose of regional plans
64Preparation and change of regional coastal plans
64AImposition of coastal occupation charges
65Preparation and change of other regional plans
66Matters to be considered by regional council (plans)
67Contents of regional plans
68Regional rules
68ARegional coastal plan not to authorise aquaculture activities in coastal marine area as permitted activities
69Rules relating to water quality
70Rules about discharges
70AApplication to climate change of rules relating to discharge of greenhouse gases [Repealed]
70BImplementation of national environmental standards [Repealed]
71Rules about esplanade reserves on reclamation [Repealed]
72Purpose of district plans
73Preparation and change of district plans
74Matters to be considered by territorial authority
75Contents of district plans
76District rules
77Rules about esplanade reserves on subdivision and road stopping
77APower to make rules to apply to classes of activities and specify conditions
77BDuty to include certain rules in relation to controlled or restricted discretionary activities
77CCertain activities to be treated as discretionary activities or prohibited activities [Repealed]
77DRules specifying activities for which consent applications must be notified or are precluded from being notified
77ELocal authority may make rule about financial contributions
77GDuty of specified territorial authorities to incorporate MDRS and give effect to policy 3 or 5 in residential zones
77HRequirements in Schedule 3A may be modified to enable greater development
77IQualifying matters in applying medium density residential standards and policy 3 to relevant residential zones
77JRequirements in relation to evaluation report
77KAlternative process for existing qualifying matters
77LFurther requirement about application of section 77I(j)
77MEffect of incorporation of MDRS in district plan on new applications for resource consents and on some existing designations
77NDuty of specified territorial authorities to give effect to policy 3 or policy 5 in non-residential zones
77OQualifying matters in application of intensification policies to urban non-residential areas
77PRequirements governing application of section 77O
77QAlternative process for existing qualifying matters
77RFurther requirements about application of section 77O(j)
77SAmendment of NPS-UD
77TReview of financial contributions provisions
78Withdrawal of proposed policy statements and plans [Repealed]
78ACombined regional and district documents [Repealed]
79Review of policy statements and plans
79AAApplication of temporary provisions in respect of section 79
79ACircumstance when further review required [Repealed]
79BConsequence of review under section 79A [Repealed]
80Combined regional and district documents
80AFreshwater planning process
80BPurpose, scope, application of Schedule 1, and definitions
80CApplication to responsible Minister for direction
80DWhat this subpart and Part 6 of Schedule 1 do
80EMeaning of intensification planning instrument
80FSpecified territorial authority must notify IPI
80GLimitations on IPIs and ISPP
80HIPI must show how MDRS are incorporated
80IRegulations requiring tier 2 territorial authority to change district plan
80JTier 3 territorial authority may request regulations requiring territorial authority to change district plan
80KRegulations requiring tier 3 territorial authority to change district plan
80LMinister may make direction
80MAmendment of direction
80NSpecified territorial authority must comply with direction
81Boundary adjustments
82ADispute relating to review under section 79A [Repealed]
83Procedural requirements deemed to be observed
84Local authorities to observe their own policy statements and plans
85Environment Court may give directions in respect of land subject to controls
85APlan or proposed plan must not include certain rules
85BProcess to apply if plan or proposed plan does not comply with section 85A
86Power to acquire land
86APurpose of sections 86B to 86G
86BWhen rules in proposed plans have legal effect
86BAImmediate legal effect of rules in IPI prepared using ISPP
86CWhen rule has legal effect if decision to delay its effect is rescinded
86DEnvironment Court may order rule to have legal effect from date other than standard date
86ELocal authorities must identify rules having early or delayed legal effect
86FWhen rules in proposed plans must be treated as operative
86GRule that has not taken legal effect or become operative excluded from references to rule in this Act and regulations made under this Act
87AAThis Part subject to Part 6A
87AABMeaning of boundary activity and related terms
87AACMeaning of fast-track application
87AADOverview of application of this Part to boundary activities and fast-track applications
87Types of resource consents
87AClasses of activities
87BCertain activities to be treated as discretionary activities or prohibited activities
87BABoundary activities approved by neighbours on infringed boundaries are permitted activities
87BBActivities meeting certain requirements are permitted activities
87CSections 87D to 87I apply to resource consent applications
87DRequest for application to go directly to Environment Court
87EConsent authority’s decision on request
87FConsent authority’s subsequent processing
87GEnvironment Court determines application
87HResidual powers of consent authority
87IWhen consent authority must determine application
88Making an application
88ADescription of type of activity to remain the same
88BTime limits from which time periods are excluded in relation to applications
88CExcluded time periods relating to provision of further information
88DExcluded time periods relating to direct referral
88EExcluded time periods relating to other matters
88FExcluded time periods relating to pre-request aquaculture agreements
88GExclusion of period when processing of non-notified application suspended
88HExcluded time periods relating to non-payment of administrative charges
88IExcluded time periods under Urban Development Act 2020
89Applications to territorial authorities for resource consents where land is in coastal marine area
89AApplications affecting navigation to be referred to Maritime New Zealand
90Distribution of application to other authorities [Repealed]
91Deferral pending application for additional consents
91AApplicant may have processing of notified application suspended
91BWhen suspension of processing of notified application ceases
91CNotified application may be returned if suspended after certain period
91DApplicant may have processing of non-notified application suspended
91EWhen suspension of processing of non-notified application ceases
91FNon-notified application may be returned after certain period
92Further information, or agreement, may be requested
92AResponses to request
92BResponses to notification
93When public notification of consent applications is required [Repealed]
94When public notification of consent applications is not required [Repealed]
94AForming opinion as to whether adverse effects are minor or more than minor [Repealed]
94BForming opinion as to who may be adversely affected [Repealed]
94CPublic notification if applicant requests or if special circumstances exist [Repealed]
94DWhen public notification and service requirements may be varied [Repealed]
95Time limit for public notification or limited notification
95APublic notification of consent applications
95BLimited notification of consent applications
95CPublic notification of consent application after request for further information or report
95DConsent authority decides if adverse effects likely to be more than minor
95EConsent authority decides if person is affected person
95FMeaning of affected protected customary rights group
95GMeaning of affected customary marine title group
96Making submissions
97Time limit for submissions
98Advice of submissions to applicant
99Pre-hearing meetings
100Obligation to hold a hearing
100AHearing by commissioner if requested by applicant or submitter
101Hearing date and notice
102Joint hearings by 2 or more consent authorities
103Combined hearings in respect of 2 or more applications
103ATime limit for completion of hearing of notified application
103BRequirement to provide report and other evidence before hearing
104Consideration of applications
104ADetermination of applications for controlled activities
104BDetermination of applications for discretionary or non-complying activities
104CDetermination of applications for restricted discretionary activities
104DParticular restrictions for non-complying activities
104EApplications relating to discharge of greenhouse gases [Repealed]
104FImplementation of national environmental standards [Repealed]
104GConsideration of activities affecting drinking water supply source water
105Matters relevant to certain applications
106Consent authority may refuse subdivision consent in certain circumstances
107Restriction on grant of certain discharge permits
107ARestrictions on grant of resource consents [Repealed]
107BProvision for certain infrastructure works and related operations [Repealed]
107CCircumstances when written approval for resource consent required from holder of customary rights order [Repealed]
107DProcess to apply if grant of resource consent has effect of cancelling customary rights order [Repealed]
107EDecision on application to undertake non-aquaculture activity in aquaculture management area [Repealed]
107FApplications to undertake aquaculture activities
108Conditions of resource consents
108AARequirements for conditions of resource consents
109Special provisions in respect of bonds or covenants
110Refund of money and return of land where activity does not proceed
111Use of financial contributions
112Obligation to pay rent and royalties deemed condition of consent
113Decisions on applications to be in writing, etc
115Time limits for notification of decision
116When a resource consent commences
116AWhen coastal permit for aquaculture activities may commence
116BWhen resource consent commences if subject to grant of application to exchange recreation reserve land
117Application to carry out restricted coastal activity
118Recommendation of hearing committee [Repealed]
119Decision on application for restricted coastal activity [Repealed]
119ACoastal permit for restricted coastal activity treated as if granted by regional council
120Right to appeal
121Procedure for appeal
122Consents not real or personal property
123Duration of consent
123ADuration of consent for aquaculture activities
124Exercise of resource consent while applying for new consent
124AWhen sections 124B and 124C apply and when they do not apply
124BApplications by existing holders of resource consents
124CApplications by persons who are not existing holders of resource consents
125Lapsing of consents
126Cancellation of consent
127Change or cancellation of consent condition on application by consent holder
128Circumstances when consent conditions can be reviewed
129Notice of review
130Public notification, submissions, and hearing, etc
131Matters to be considered in review
132Decisions on review of consent conditions
133Powers under Part 12 not affected
133AMinor corrections of resource consents
134Land use and subdivision consents attach to land
135Transferability of coastal permits
136Transferability of water permits
137Transferability of discharge permits
138Surrender of consent
138ASpecial provisions relating to coastal permits for dumping and incineration
139Consent authorities and Environmental Protection Authority to issue certificates of compliance
139AConsent authorities to issue existing use certificates
140Outline of this Part
141AMinister’s power to intervene [Repealed]
141BMinister’s power to call in matters that are or are part of proposals of national significance [Repealed]
141CForm and effect of Minister’s direction [Repealed]
142Minister may call in matter that is or is part of proposal of national significance
143Restriction on when local authority may request call in
144Restriction on when Minister may call in matter
144AEPA to advise and make recommendations to Minister in relation to call-in
145Matter lodged with EPA
146EPA to recommend course of action to Minister
147Minister makes direction after EPA recommendation
148Proposals relating to coastal marine area
149EPA may request further information or commission report
149AEPA must serve Minister’s direction on local authority and applicant
149BLocal authority’s obligations if matter called in
149CEPA must give public notice of Minister’s direction
149DMinister may instruct EPA to delay giving public notice pending application for additional consents
149EEPA to receive submissions on matter if public notice of direction has been given
149FEPA to receive further submissions if matter is request, change, or variation
149GEPA must provide board or court with necessary information
149HLocal authority may not notify further change or variation in certain circumstances
149ILimitation on withdrawal of change or variation
149JMinister to appoint board of inquiry
149KHow members appointed
149KAEPA may make administrative decisions
149LConduct of inquiry
149MProcess if matter is request for regional plan or change and particular circumstances apply
149NProcess if section 149M applies or proposed plan or change not yet prepared
149OPublic notice and submissions where EPA receives proposed plan or change from local authority under section 149N
149PConsideration of matter by board
149QBoard to produce draft report [Repealed]
149RBoard to produce report
149RAMinor corrections of board decisions, etc
149SMinister may extend time by which board must report
149TMatter referred to Environment Court
149UConsideration of matter by Environment Court
149VAppeal from decisions only on question of law
149WLocal authority to implement decision of board or court about proposed regional plan or change or variation
149XResidual powers of local authority
149YEPA must refer matter to local authority if direction made by Minister
149ZLocal authority must process referred matter
149ZAMinister’s powers to intervene in matter
149ZBHow EPA must deal with certain applications and notices of requirement
149ZCMinister to decide whether application or notice of requirement to be notified
149ZCAApplication of sections 149ZCB to 149ZCF
149ZCBPublic notification of application or notice at Minister’s discretion
149ZCCLimited notification of application or notice
149ZCDPublic notification of application or notice after request for further information
149ZCEMinister to decide if adverse effects likely to be more than minor
149ZCFMinister to decide if person is affected person
149ZDCosts of processes under this Part recoverable from applicant
149ZERemuneration, allowances, and expenses of boards of inquiry
149ZFLiability to pay costs constitutes debt due to EPA or the Crown
149ZGProcess may be suspended if costs outstanding
150Residual powers of authorities [Repealed]
150AAReference to Environment Court [Repealed]
150CEarlier expiry of moratorium in relation to specified areas
150DPending applications to be considered under rules as at end of moratorium [Repealed]
150ETransitional provision [Repealed]
150FNo compensation
150GCertain coastal permits issued in period from 1 June 1995 to 1 August 2003 continued
151AAPart not to apply to applications to occupy coastal marine area
152Order in Council may be made requiring holding of authorisation
153Application of Order in Council
154Publication, etc, of Order in Council
155Particulars of Order in Council to be endorsed on regional coastal plan
156Effect of Order in Council
157Calling of public tenders for authorisations
158Requirements of tender
159Acceptance of tender, etc
160Notice of acceptance of tender
161Grant of authorisation
162Authorisation not to confer right to coastal permit, etc
163Authorisation transferable
164Authorisation to lapse in certain circumstances
165Tender money
165ABEstablishment of aquaculture management areas [Repealed]
165BRelationship of Part with rest of Act
165BBSome applications for coastal permits must be cancelled [Repealed]
165BCCertain applications not to be processed or determined until aquaculture management area established in regional coastal plan [Repealed]
165DPower of consent authorities to refuse to receive applications for coastal permits
165EApplications in relation to aquaculture settlement areas
165FProvisions about occupation of common marine and coastal area
165GPlan may specify allocation methods
165HRegional council to have regard to and be satisfied about certain matters before including allocation rule in regional coastal plan or proposed regional coastal plan
165IOffer of authorisations for activities in common marine and coastal area in accordance with plan
165JWhen applications not to be made unless applicant holds authorisation in accordance with plan
165KPower to give directions relating to allocation of authorisations for space provided for in plan
165LRegional council may request use of allocation method
165MStay on applications following request under section 165L
165NMinister may approve use of allocation method
165OPeriod of approval
165POffer of authorisations where approved by Minister
165QWhen applications not to be made or granted unless applicant holds authorisation in accordance with Gazette notice
165RAuthorisation not to confer right to coastal permit
165SAuthorisation transferable
165TAuthorisation lapses in certain circumstances
165UPublic notice of offer of authorisations by regional council
165VRequirements for offers for authorisations
165WPreferential rights of iwi
165XAcceptance of offer for authorisations
165YGrant of authorisation
165ZTender money
165ZAUse of tender money
165ZBRegional council may request suspension of applications to occupy common marine and coastal area for purposes of aquaculture activities
165ZCEffect on applications of request under section 165ZB
165ZDMinister of Aquaculture may suspend applications to occupy the common marine and coastal area for the purposes of aquaculture activities
165ZESubsequent requests for direction in relation to suspension of receipt of applications
165ZFRegional council may request direction to process and hear together applications for permits to occupy common marine and coastal area for purpose of aquaculture activities
165ZFAMinisterial power to direct applications to be processed and heard together
165ZFBApplication of sections 165ZFC to 165ZFH
165ZFDEffect of requirement that applications be processed and heard together on direct referral to Environment Court under sections 87D to 87I
165ZFEProcessing of affected applications
165ZFFHearing of affected applications
165ZFGEffect of requirement that applications be processed and heard together on power of Minister to call in applications under section 142
165ZFHEffect of requirement that applications be processed and heard together on lodgement of applications with EPA
165ZHProcessing applications for existing permit holders
165ZIApplications for space already used for aquaculture activities
165ZJAdditional criteria for considering applications for permits for space already used for aquaculture activities
165ZMOther provisions of Act apply subject to this subpart
165ZNApplication for coastal permit to undertake aquaculture activities
165ZOIdentifying plan change requests and concurrent applications
165ZPIncomplete concurrent application
165ZQAdditional consents
165ZRConcurrent application to be declined or treated as withdrawn if plan change request declined or withdrawn
165ZSConsideration of plan change request
165ZTNotification of accepted plan change request
165ZUSubmissions on plan change request and concurrent application
165ZVHearing of submissions
165ZWType of activity in relation to concurrent activities
165ZXConsideration of plan change request and concurrent application
165ZYRegional council’s decision on concurrent application
165ZZAGrant of coastal permit
167Application to become requiring authority
168Notice of requirement to territorial authority
168ANotice of requirement by territorial authority
169Further information, notification, submissions, and hearing for notice of requirement to territorial authority
170Discretion to include requirement in proposed plan
171Recommendation by territorial authority
172Decision of requiring authority
173Notification of decision on designation
175Designation to be provided for in district plan
176Effect of designation
176AOutline plan
177Land subject to existing designation or heritage order
178Interim effect of requirements for designations
179Appeals relating to sections 176 to 178
180Transfer of rights and responsibilities for designations
180AWhen financial responsibility is transferred to responsible SPV
181Alteration of designation
182Removal of designation
183Review of designation which has not lapsed [Repealed]
184Lapsing of designations which have not been given effect to
184ALapsing of designations of territorial authority in its own district
185Environment Court may order taking of land
186Compulsory acquisition powers
187Meaning of heritage order and heritage protection authority
188Application to become heritage protection authority
189Notice of requirement to territorial authority
189ANotice of requirement for heritage order by territorial authority
190Further information, notification, submissions, and hearing for notice of requirement to territorial authority
191Recommendation by territorial authority
192Application of other sections
193Effect of heritage order
193ALand subject to existing heritage order or designation
194Interim effect of requirement
195Appeals relating to sections 193 and 194
195AAlteration of heritage order
195BTransfer of heritage order
195CNotice of determination
196Removal of heritage order
197Compulsory acquisition powers
198Environment Court may order land taken, etc
198AATime limits from which time periods are excluded in relation to designations and heritage orders
198ABExcluded time periods relating to provision of further information
198ACExcluded time periods relating to direct referral
198ADExcluded time periods relating to other matters
198ASections 198B to 198G apply to requirements under section 168 or 189
198BRequiring authority or heritage protection authority’s request
198CTerritorial authority’s decision on request
198DTerritorial authority’s subsequent processing
198EEnvironment Court decides
198FResidual powers of territorial authority
198GWhen territorial authority must deal with requirement
198HSections 198I to 198M apply to requirements under section 168A or 189A
198ITerritorial authority’s decision
198JTerritorial authority’s subsequent processing
198KEnvironment Court decides
198LResidual powers of territorial authority
198MWhen territorial authority must deal with requirement
199Purpose of water conservation orders
200Meaning of water conservation order
201Application for water conservation order
202Minister’s obligations upon receipt of application
203Special tribunal
204Public notification of application
205Submissions to special tribunal
206Conduct of hearing
207Matters to be considered
208Special tribunal to report on application
209Right to make submissions to Environment Court
210Environment Court to hold inquiry
211Who may be heard at inquiry
212Matters to be considered by Environment Court
213Court’s report
214Making of water conservation order
215Minister’s obligation to state reasons for not accepting recommendation
216Revocation or variation of order
217Effect of water conservation order
217CApplication of this Part
217DFarm must have certified freshwater farm plan if it meets land use threshold
217EMain duties of farm operators
217FContents of freshwater farm plan
217GCertification of freshwater farm plan
217HAudit of farm for compliance with certified freshwater farm plan
217IFunctions of regional councils
217JRecords that must be kept by regional council
217KRegional council must appoint certifiers and auditors
217LRelationship between certified freshwater farm plan and specified instruments
217MRegulations relating to freshwater farm plans
217NPurpose of this Part
217ONitrogenous fertiliser defined
217PObligation to comply with regulations
217QRegulations relating to sales information on nitrogenous fertiliser
218Meaning of subdivision of land
219Information to accompany applications for subdivision consents [Repealed]
220Condition of subdivision consents
221Territorial authority to issue a consent notice
222Completion certificates
223Approval of survey plan by territorial authority
224Restrictions upon deposit of survey plan
225Agreement to sell land or building before deposit of plan
226Restrictions upon issue of certificates of title for subdivision
226ASavings in respect of cross leases, company leases, and retirement village leases
227Cancellation of prior approvals
228Subdivision by the Crown
229Purposes of esplanade reserves and esplanade strips
230Requirement for esplanade reserves or esplanade strips
231Esplanade reserves to vest on subdivision
232Creation of esplanade strips
233Effect of change to boundary of esplanade strip
234Variation or cancellation of esplanade strips
235Creation of esplanade strips by agreement
236Where land previously set aside or reserved
237Approval of survey plans where esplanade reserve or esplanade strips required
237AVesting of land in common marine and coastal area or bed of lake or river
237BAccess strips
237CClosure of strips to public
237DTransfers to the Crown or regional council
237ECompensation for taking of esplanade reserves or strips on allotments of less than 4 hectares
237FCompensation for taking of esplanade reserves or strips on allotments of 4 hectares or more
238Vesting of roads
239Vesting of reserves or other land
240Covenant against transfer of allotments
241Amalgamation of allotments
242Prior registered instruments protected
243Survey plan approved subject to grant or reservation of easements
244Company leases and cross leases [Repealed]
245Consent authority approval of a plan of survey of a reclamation
246Restrictions on deposit of plan of survey for reclamation
247Planning Tribunal re-named Environment Court
248Membership of Environment Court
249Eligibility for appointment as an Environment Judge or alternate Environment Judge
250Appointment of Environment Judges and alternate Environment Judges
250AJudge not to undertake other employment or hold other office
250BProtocol relating to activities of Judges
251Chief Environment Court Judge
251AAppointment of acting Chief Environment Court Judge
252When an alternate Environment Judge may act
253Eligibility for appointment as Environment Commissioner or Deputy Environment Commissioner
254Appointment of Environment Commissioner or Deputy Environment Commissioner
255When a Deputy Environment Commissioner may act
256Oath of office
258Removal of members
259Special advisors
260Registrar and other officers
261Protection from legal proceedings
262Environment Court members who are ratepayers
263Remuneration of Environment Commissioners, Deputy Environment Commissioners, and special advisors
264Annual report of Registrar
265Environment Court sittings
266Constitution of the Environment Court not to be questioned
268Alternative dispute resolution
268AMandatory participation in alternative dispute resolution processes
269Court procedure
270Hearing matters together
271Local hearings
271ASubmitter may be party to proceedings [Repealed]
272Hearing of proceedings
273Successors to parties to proceedings
274Representation at proceedings
275Personal appearance or by representative
276AEvidence of documents
277Hearings and evidence generally to be public
277APowers of Environment Court in relation to evidence heard on appeal by way of rehearing [Repealed]
278Environment Court has powers of District Court
279Powers of Environment Judge sitting alone
280Powers of Environment Commissioner sitting without Environment Judge
281Waivers and directions
281ARegistrar may waive, reduce, or postpone payment of fee
281BReview of exercise of power by Registrar
282Application of Contempt of Court Act 2019
283Non-attendance or refusal to co-operate
284Witnesses’ allowances
284ASecurity for costs [Repealed]
285Awarding costs
286Enforcing orders for costs
287Reference of questions of law to High Court
288Privileges and immunities
288AInformation regarding reserved judgments
288BRecusal guidelines
288CJudge may make order restricting commencement or continuation of proceeding
288DGrounds for making section 288C order
288ETerms of section 288C order
288FProcedure and appeals relating to section 288C orders
289Reply to appeal or request for inquiry [Repealed]
290Powers of court in regard to appeals and inquiries
290AAPowers of court in regard to certain appeals under clause 14 of Schedule 1
290AEnvironment Court to have regard to decision that is subject of appeal or inquiry
291Other proceedings before court
292Remedying defects in plans
293Environment Court may order change to proposed policy statements and plans
293ADeterminations on recognition orders and agreements made under Marine and Coastal Area (Takutai Moana) Act 2011
294Review of decision by court
295Environment Court decisions are final
296No review of decisions unless right of appeal or reference to inquiry exercised
297Decisions of court to be in writing
298Documents judicially noticed
299Appeal to High Court on question of law
300Notice of appeal
301Right to appear and be heard on appeal
302Parties to the appeal before the High Court
303Orders of the High Court
304Dismissal of appeal
305Additional appeals on questions of law
306Extension of time
307Date of hearing
308Appeals to the Court of Appeal
308AIdentification of trade competitors and surrogates
308BLimit on making submissions
308CLimit on representation at appeals
308CALimit on representation at proceedings as party under section 274
308DLimit on appealing under this Act
308EProhibition on using surrogate
308FSurrogate must disclose status
308GDeclaration that Part contravened
308HCosts orders if declaration made
308IProceedings for damages in High Court
309Proceedings to be heard by an Environment Judge
310Scope and effect of declaration
311Application for declaration
312Notification of application
313Decision on application
314Scope of enforcement order
315Compliance with enforcement order
316Application for enforcement order
317Notification of application
318Right to be heard
319Decision on application
320Interim enforcement order
321Change or cancellation of enforcement order
322Scope of abatement notice
323Compliance with abatement notice
324Form and content of abatement notice
325ACancellation of abatement notice
325BRestrictions on certain applications for enforcement orders and abatement notices
326Meaning of excessive noise
327Issue and effect of excessive noise direction
328Compliance with an excessive noise direction
329Water shortage direction
330Emergency works and power to take preventive or remedial action
330AAAModification of requirements in section 330(3) for authorities in affected areas
330AResource consents for emergency works
330AAModification of requirements in section 330A for activities undertaken in affected areas
330BEmergency works under Civil Defence Emergency Management Act 2002
330CModification of requirements in section 330B for activities undertaken in affected areas
331Reimbursement or compensation for emergency works
331AApplication of sections 331B to 331E
331BOwner or occupier of rural land may take emergency preventive or remedial measures
331CRequirement for owner or occupier to give notice to relevant consent authority
331DDuty to gather information, monitor, and keep records
331EEnforcement proceedings
331FRepeal of this section and sections 331A to 331E
332Power of entry for inspection
333Power of entry for survey
334Application for warrant for entry for search
335Direction and execution of warrant for entry for search
336Return of property seized under sections 323 and 328
337Return of property seized under warrant [Repealed]
338Offences against this Act
339AProtection against imprisonment for dumping and discharge offences involving foreign ships
339BAdditional penalty for certain offences for commercial gain
339CAmount of fine or other monetary penalty recoverable by distress and sale of ship or from agent
340Liability of principal for acts of agents
341Strict liability and defences
341ALiability and defences for dumping and storage of waste or other matter
341BLiability and defences for discharging harmful substances
342Fines to be paid to local authority instituting prosecution
343Discharges from ships [Repealed]
343AInfringement offences
343BCommission of infringement offence
343CInfringement notices
343DEntitlement to infringement fees
343ETerms used in this Part
343FEnforcement functions of EPA
343GIntervention by EPA
343HEPA may change enforcement functions
343IEPA enforcement officers
343JEPA may require information from local authority
343KAdditional reporting requirements
343LOrder for payment of EPA’s costs in bringing a prosecution
344Interpretation [Repealed]
345Purpose and principles [Repealed]
346Establishment of Commission [Repealed]
347Functions of Commission [Repealed]
348Membership of Commission [Repealed]
349Compliance with policy directions [Repealed]
350Further provisions applying in respect of Commission [Repealed]
351Regulations [Repealed]
352Service of documents
352AMode of service of summons on master or owner of ship
353Notices and consents in relation to Maori land
354Crown’s existing rights to resources to continue
355Vesting of reclaimed land
355AAEffect of Foreshore and Seabed Act 2004 on vesting of reclamations [Repealed]
355ABApplication for renewals [Repealed]
355AApplication for consent to unlawful reclamation
355BEnforcement powers against unlawful reclamations
356Matters may be determined by arbitration
357Right of objection against certain decisions
357ARight of objection to consent authority against certain decisions or requirements
357ABObjection under section 357A(1)(f) or (g) may be considered by hearings commissioner
357BRight of objection in relation to imposition of additional charges or recovery of costs
357CProcedure for making and hearing objection under sections 357 to 357B
357CAPowers of hearings commissioner considering objection under section 357A(1)(f) or (g)
357DDecision on objections made under sections 357 to 357B
358Appeals against certain decisions or objections
359Regional councils to pay rents, royalties, and other money received into Crown Bank Account
360ARegulations amending regional coastal plans in relation to aquaculture activities
360BConditions to be satisfied before regulations made under section 360A
360CRegional council’s obligations
360DRegulations that prohibit or remove certain rules [Repealed]
360EProcedures relevant to making rules under section 360D [Repealed]
360FRegulations relating to administrative charges and other amounts
360GRegulations relating to fast-track applications [Repealed]
360HRegulations relating to notification of consent applications [Repealed]
361Repeals and revocations
362Consequential amendments
363Conflicts with special Acts
364Application of this Part
365Meaning of permission
366Effect of this Act on existing schemes, consents, etc
367Effect of regional planning schemes
368Existing notices, bylaws, etc, to become regional plans
369Provisions deemed to be regional rules
370Existing notices, bylaws, etc, to become regional coastal plans
371Provisions deemed to be regional rules
372Power of Minister of Conservation to give directions relating to restricted coastal activities
373Existing district and maritime schemes to become district plans
374Provisions deemed to be district rules
375Transitional provisions for public utilities
376Transitional plans to be notified and available
377Obligation to review transitional plans
378Proceedings in relation to plans
380Existing notices which continue in effect
381Existing notices deemed to be abatement notices
382Existing direction deemed to be excessive noise direction
382AReturn of property seized under Noise Control Act 1982
383Existing permissions to become land use consents
383AExisting permissions to allow use of beds of lakes and rivers
384Existing permissions to become coastal permits
384ARight of port companies to occupy coastal marine area
385Existing clean air permissions to become discharge permits
386Existing rights and authorities under Water and Soil Conservation Act 1967
387Existing geothermal licences and authorisations deemed to be water permits
388Requirement to supply information
389Existing applications
390Application being heard
390BDate on which application deemed to be made
390CDealing with applications for permissions
390DTiming for renewals
391Applications for licences and approvals under Clean Air Act 1972
391AResource consents following approval under Clean Air Act 1972
392Provisions of Clean Air Act 1972 may be considered on applications for resource consents for discharging contaminants into the air [Expired]
393Applications for Orders in Council to reclaim land and approval for harbour works
394Transitional provisions relating to setting aside of esplanade reserves on reclamation [Repealed]
395Applications for works, etc, in coastal marine area [Repealed]
396Applications for marine farming in coastal marine area [Repealed]
396ANotification of lapsing, cancellation, or surrender of coastal permit for marine farming [Repealed]
396BNotification of rule change affecting marine farming [Repealed]
397Existing applications for marine farming leases [Repealed]
398Regional councils not to accept applications for coastal permits in areas notified by Minister of Fisheries [Repealed]
399Applications received on same day
400Applications under Marine Farming Act 1971 for prohibited anchorages, etc
401Conditions of deemed resource consents
401ATransitional coastal occupation charges
401BObligation to pay coastal occupation charge deemed condition of consent
402Existing subdivision approvals
403Existing objections and appeals in relation to subdivisions
404Existing applications for approval
405Transitional provisions for subdivisions
405ATransitional provisions for esplanade reserves where land subdivided or road stopped
406Grounds of refusal of subdivision consent
407Subdivision consent conditions
408Existing approvals for unit plans, cross lease plans, and company lease plans
409Financial contributions for developments
410Existing developments
411Restriction on imposition of conditions as to financial contributions
412Expiry of certain sections [Repealed]
413Current mining privileges to become deemed permits
414Deemed permits to be subject to regional rules
415Acquisition of deemed permits
417Permits over land other than that of holders to be produced in Land Transfer Office
417AUses of lakes and rivers not restricted by section 9
418Certain existing permitted uses may continue
419Certain discharges affected by water classifications
420Designations and requirements continued
421Protection notices to become heritage orders
422Procedure for requirements for designations and protection notices
423National water conservation orders
424Savings as to bylaws
425Leases, licences, and other authorities under Harbours Act 1950
425AFunctions and powers in respect of activities on or in Lake Taupo
426Leases and licences executed under Marine Farming Act 1971 [Repealed]
427Deemed transfer of powers to former public bodies
428Environment Court
429Savings as to compensation claims
430Savings as to court proceedings
431Obligation to prepare draft New Zealand coastal policy statement within 1 year
432Obligation to prepare regional policy statements and coastal plans within 2 years
433Collection of water management charges
434Transitional provisions for amendments made on or after commencement of Resource Management Amendment Act 2013 [Repealed]

An Act to restate and reform the law relating to the use of land, air, and water