| Title | |
1 | Short Title and commencement | |
| | |
2 | Interpretation | |
2AA | Definitions relating to notification | |
2AB | Meaning of public notice | |
2AC | Availability of documents | |
2A | Successors | |
3 | Meaning of effect | |
3A | Person acting under resource consent with permission | |
3B | Transitional, savings, and related provisions | |
4 | Act to bind the Crown | |
4A | Application of this Act to ships and aircraft of foreign States | |
| | |
5 | Purpose | |
6 | Matters of national importance | |
7 | Other matters | |
8 | Treaty of Waitangi | |
| | |
| | |
9 | Restrictions on use of land | |
10 | Certain existing uses in relation to land protected | |
10A | Certain existing activities allowed | |
10B | Certain existing building works allowed | |
11 | Restrictions on subdivision of land | |
| | |
12 | Restrictions on use of coastal marine area | |
12A | Restrictions on aquaculture activities in coastal marine area and on other activities in aquaculture management areas [Repealed] | |
12B | Continuation of coastal permit for aquaculture activities if aquaculture management area ceases to exist [Repealed] | |
| | |
13 | Restriction on certain uses of beds of lakes and rivers | |
| | |
14 | Restrictions relating to water | |
| | |
15 | Discharge of contaminants into environment | |
15A | Restrictions on dumping and incineration of waste or other matter in coastal marine area | |
15B | Discharge of harmful substances from ships or offshore installations | |
15C | Prohibitions in relation to radioactive waste or other radioactive matter and other waste in coastal marine area | |
| | |
16 | Duty to avoid unreasonable noise | |
| | |
17 | Duty to avoid, remedy, or mitigate adverse effects | |
| [Repealed] | |
17A | Recognised customary activity may be exercised in accordance with any controls [Repealed] | |
17B | Adverse effects assessment [Repealed] | |
| | |
18 | Possible defence in cases of unforeseen emergencies | |
| | |
18A | Procedural principles | |
| [Repealed] | |
19 | Certain rules in proposed plans to be operative [Repealed] | |
20 | Certain rules in proposed plans not to have effect [Repealed] | |
| | |
20A | Certain existing lawful activities allowed | |
| | |
21 | Avoiding unreasonable delay | |
22 | Duty to give certain information | |
23 | Other legal requirements not affected | |
| | |
| | |
24 | Functions of Minister for the Environment | |
24A | Power of Minister for the Environment to investigate and make recommendations | |
25 | Residual powers of Minister for the Environment | |
25A | Minister may direct preparation of plan, change, or variation | |
25B | Ministers may direct commencement of review | |
26 | Minister may make grants and loans | |
27 | Minister may require local authorities to supply information | |
28 | Functions of Minister of Conservation | |
28A | Regional council must supply information to Minister of Conservation | |
28B | Functions of Minister of Aquaculture | |
29 | Delegation of functions by Ministers | |
29A | Restriction on Ministerial direction | |
| | |
30 | Functions of regional councils under this Act | |
31 | Functions of territorial authorities under this Act | |
31A | Minister of Conservation to have certain powers of local authority | |
32 | Requirements for preparing and publishing evaluation reports | |
32AA | Requirements for undertaking and publishing further evaluations | |
32A | Failure to carry out evaluation | |
33 | Transfer of powers | |
34 | Delegation of functions, etc, by local authorities | |
34A | Delegation of powers and functions to employees and other persons | |
35 | Duty to gather information, monitor, and keep records | |
35A | Duty to keep records about iwi and hapu | |
36 | Administrative charges | |
36AAA | Criteria for fixing administrative charges | |
36AAB | Other matters relating to administrative charges | |
36AA | Local authority policy on discounting administrative charges | |
| | |
36A | No duty under this Act to consult about resource consent applications and notices of requirement | |
| | |
36B | Power to make joint management agreement | |
36C | Local authority may act by itself under joint management agreement | |
36D | Effect of joint management agreement | |
36E | Termination of joint management agreement | |
| | |
37 | Power of waiver and extension of time limits | |
37A | Requirements for waivers and extensions | |
37B | Persons to have powers of consent authority for purposes of sections 37 and 37A | |
| | |
38 | Authorisation and responsibilities of enforcement officers | |
| | |
39 | Hearings to be public and without unnecessary formality | |
39AA | Hearing using remote access facilities | |
39A | Accreditation | |
39B | Persons who may be given hearing authority | |
39C | Effect of lack of accreditation | |
40 | Persons who may be heard at hearings | |
41 | Provisions relating to hearings | |
41A | Control of hearings | |
41B | Directions to provide evidence within time limits | |
41C | Directions and requests before or at hearings | |
41D | Striking out submissions | |
42 | Protection of sensitive information | |
| | |
42A | Reports to local authority | |
| | |
42B | Establishment of Environmental Protection Authority [Repealed] | |
42C | Functions of EPA | |
42CA | Cost recovery for specified function of EPA | |
42D | Secretary for the Environment to exercise functions of EPA [Repealed] | |
| | |
43AA | Interpretation | |
43AAB | Meaning of district rule and regional rule | |
43AAC | Meaning of proposed plan | |
| | |
| | |
43 | Regulations prescribing national environmental standards | |
43A | Contents of national environmental standards | |
43B | Relationship between national environmental standards and rules or consents | |
43C | Relationship between national environmental standards and water conservation orders | |
43D | Relationship between national environmental standards and designations | |
43E | Relationship between national environmental standards and bylaws | |
43F | Description of discharges in national environmental standards for discharges | |
43G | Incorporation of material by reference in national environmental standards [Repealed] | |
44 | Restriction on power to make national environmental standards | |
44A | Local authority recognition of national environmental standards | |
| | |
45 | Purpose of national policy statements (other than New Zealand coastal policy statements) | |
45A | Contents of national policy statements | |
46 | Proposed national policy statement [Repealed] | |
46A | Single process for preparing national directions | |
46B | Incorporation of material by reference in national direction | |
47 | Board of inquiry | |
47A | Board of inquiry to suspend consideration or consider additional material | |
48 | Public notification of proposal for national direction and inquiry | |
49 | Submissions to board of inquiry | |
50 | Conduct of hearing | |
51 | Matters to be considered and board of inquiry’s report | |
51A | Withdrawal of proposed national policy statement | |
52 | Consideration of recommendations and approval or withdrawal of statement | |
53 | Changes to or review or revocation of national policy statements | |
54 | Publication of national policy statements | |
55 | Local authority recognition of national policy statements | |
| | |
56 | Purpose of New Zealand coastal policy statements | |
57 | Preparation of New Zealand coastal policy statements | |
58 | Contents of New Zealand coastal policy statements | |
58A | Incorporation of material by reference in New Zealand coastal policy statements [Repealed] | |
| | |
58B | Purposes of national planning standards | |
58C | Scope and contents of national planning standards | |
58D | Preparation of national planning standards | |
58E | Approval of national planning standard | |
58F | Publication of national planning standards and other documents | |
58G | First set of national planning standards | |
58H | Changing, replacing, or revoking national planning standards | |
58I | Local authority recognition of national planning standards | |
58J | Time frames applying under first set of national planning standards | |
| | |
58K | Obligation to publish documents | |
| | |
58L | Definitions | |
| | |
58M | Purpose of Mana Whakahono a Rohe | |
58N | Guiding principles | |
| | |
58O | Initiation of Mana Whakahono a Rohe | |
58P | Other opportunities to initiate Mana Whakahono a Rohe | |
58Q | Time frame for concluding Mana Whakahono a Rohe | |
| | |
58R | Contents of Mana Whakahono a Rohe | |
58S | Resolution of disputes that arise in course of negotiating Mana Whakahono a Rohe | |
58T | Review and monitoring | |
58U | Relationship with iwi participation legislation | |
| | |
| | |
59 | Purpose of regional policy statements | |
60 | Preparation and change of regional policy statements | |
61 | Matters to be considered by regional council (policy statements) | |
62 | Contents of regional policy statements | |
| | |
63 | Purpose of regional plans | |
64 | Preparation and change of regional coastal plans | |
64A | Imposition of coastal occupation charges | |
65 | Preparation and change of other regional plans | |
66 | Matters to be considered by regional council (plans) | |
67 | Contents of regional plans | |
68 | Regional rules | |
68A | Regional coastal plan not to authorise aquaculture activities in coastal marine area as permitted activities | |
69 | Rules relating to water quality | |
70 | Rules about discharges | |
| [Repealed] | |
70A | Application to climate change of rules relating to discharge of greenhouse gases [Repealed] | |
70B | Implementation of national environmental standards [Repealed] | |
71 | Rules about esplanade reserves on reclamation [Repealed] | |
| | |
72 | Purpose of district plans | |
73 | Preparation and change of district plans | |
74 | Matters to be considered by territorial authority | |
75 | Contents of district plans | |
76 | District rules | |
77 | Rules about esplanade reserves on subdivision and road stopping | |
| | |
77A | Power to make rules to apply to classes of activities and specify conditions | |
77B | Duty to include certain rules in relation to controlled or restricted discretionary activities | |
77C | Certain activities to be treated as discretionary activities or prohibited activities [Repealed] | |
77D | Rules specifying activities for which consent applications must be notified or are precluded from being notified | |
77E | Local authority may make rule about financial contributions | |
| | |
77F | Interpretation | |
| | |
77G | Duty of specified territorial authorities to incorporate MDRS and give effect to policy 3 or 5 in residential zones | |
77H | Requirements in Schedule 3A may be modified to enable greater development | |
77I | Qualifying matters in applying medium density residential standards and policy 3 to relevant residential zones | |
77J | Requirements in relation to evaluation report | |
77K | Alternative process for existing qualifying matters | |
77L | Further requirement about application of section 77I(j) | |
77M | Effect of incorporation of MDRS in district plan on new applications for resource consents and on some existing designations | |
| | |
77N | Duty of specified territorial authorities to give effect to policy 3 or policy 5 in non-residential zones | |
77O | Qualifying matters in application of intensification policies to urban non-residential areas | |
77P | Requirements governing application of section 77O | |
77Q | Alternative process for existing qualifying matters | |
77R | Further requirements about application of section 77O(j) | |
| | |
77S | Amendment of NPS-UD | |
| | |
77T | Review of financial contributions provisions | |
| [Repealed] | |
78 | Withdrawal of proposed policy statements and plans [Repealed] | |
78A | Combined regional and district documents [Repealed] | |
| | |
79 | Review of policy statements and plans | |
79AA | Application of temporary provisions in respect of section 79 | |
79A | Circumstance when further review required [Repealed] | |
79B | Consequence of review under section 79A [Repealed] | |
| | |
80 | Combined regional and district documents | |
| | |
80A | Freshwater planning process | |
| | |
80B | Purpose, scope, application of Schedule 1, and definitions | |
80C | Application to responsible Minister for direction | |
| | |
80D | What this subpart and Part 6 of Schedule 1 do | |
| | |
80E | Meaning of intensification planning instrument | |
80F | Specified territorial authority must notify IPI | |
80G | Limitations on IPIs and ISPP | |
80H | IPI must show how MDRS are incorporated | |
| | |
80I | Regulations requiring tier 2 territorial authority to change district plan | |
| | |
80J | Tier 3 territorial authority may request regulations requiring territorial authority to change district plan | |
80K | Regulations requiring tier 3 territorial authority to change district plan | |
| | |
80L | Minister may make direction | |
80M | Amendment of direction | |
80N | Specified territorial authority must comply with direction | |
| | |
81 | Boundary adjustments | |
82 | Disputes | |
82A | Dispute relating to review under section 79A [Repealed] | |
83 | Procedural requirements deemed to be observed | |
84 | Local authorities to observe their own policy statements and plans | |
85 | Environment Court may give directions in respect of land subject to controls | |
| | |
85A | Plan or proposed plan must not include certain rules | |
85B | Process to apply if plan or proposed plan does not comply with section 85A | |
86 | Power to acquire land | |
| | |
| [Repealed] | |
86A | Purpose of sections 86B to 86G | |
86B | When rules in proposed plans have legal effect | |
86BA | Immediate legal effect of rules in IPI prepared using ISPP | |
86C | When rule has legal effect if decision to delay its effect is rescinded | |
86D | Environment Court may order rule to have legal effect from date other than standard date | |
86E | Local authorities must identify rules having early or delayed legal effect | |
86F | When rules in proposed plans must be treated as operative | |
86G | Rule that has not taken legal effect or become operative excluded from references to rule in this Act and regulations made under this Act | |
| | |
87AA | This Part subject to Part 6A | |
87AAB | Meaning of boundary activity and related terms | |
87AAC | Meaning of fast-track application | |
87AAD | Overview of application of this Part to boundary activities and fast-track applications | |
87 | Types of resource consents | |
87A | Classes of activities | |
87B | Certain activities to be treated as discretionary activities or prohibited activities | |
87BA | Boundary activities approved by neighbours on infringed boundaries are permitted activities | |
87BB | Activities meeting certain requirements are permitted activities | |
| | |
87C | Sections 87D to 87I apply to resource consent applications | |
87D | Request for application to go directly to Environment Court | |
87E | Consent authority’s decision on request | |
87F | Consent authority’s subsequent processing | |
87G | Environment Court determines application | |
87H | Residual powers of consent authority | |
87I | When consent authority must determine application | |
| | |
88 | Making an application | |
88A | Description of type of activity to remain the same | |
88B | Time limits from which time periods are excluded in relation to applications | |
88C | Excluded time periods relating to provision of further information | |
88D | Excluded time periods relating to direct referral | |
88E | Excluded time periods relating to other matters | |
88F | Excluded time periods relating to pre-request aquaculture agreements | |
88G | Exclusion of period when processing of non-notified application suspended | |
88H | Excluded time periods relating to non-payment of administrative charges | |
88I | Excluded time periods under Urban Development Act 2020 | |
89 | Applications to territorial authorities for resource consents where land is in coastal marine area | |
89A | Applications affecting navigation to be referred to Maritime New Zealand | |
90 | Distribution of application to other authorities [Repealed] | |
91 | Deferral pending application for additional consents | |
91A | Applicant may have processing of notified application suspended | |
91B | When suspension of processing of notified application ceases | |
91C | Notified application may be returned if suspended after certain period | |
91D | Applicant may have processing of non-notified application suspended | |
91E | When suspension of processing of non-notified application ceases | |
91F | Non-notified application may be returned after certain period | |
| | |
92 | Further information, or agreement, may be requested | |
92A | Responses to request | |
92B | Responses to notification | |
| [Repealed] | |
93 | When public notification of consent applications is required [Repealed] | |
94 | When public notification of consent applications is not required [Repealed] | |
94A | Forming opinion as to whether adverse effects are minor or more than minor [Repealed] | |
94B | Forming opinion as to who may be adversely affected [Repealed] | |
94C | Public notification if applicant requests or if special circumstances exist [Repealed] | |
94D | When public notification and service requirements may be varied [Repealed] | |
| | |
95 | Time limit for public notification or limited notification | |
95A | Public notification of consent applications | |
95B | Limited notification of consent applications | |
95C | Public notification of consent application after request for further information or report | |
95D | Consent authority decides if adverse effects likely to be more than minor | |
95E | Consent authority decides if person is affected person | |
95F | Meaning of affected protected customary rights group | |
95G | Meaning of affected customary marine title group | |
| | |
96 | Making submissions | |
97 | Time limit for submissions | |
98 | Advice of submissions to applicant | |
| | |
99 | Pre-hearing meetings | |
99A | Mediation | |
| | |
100 | Obligation to hold a hearing | |
100A | Hearing by commissioner if requested by applicant or submitter | |
101 | Hearing date and notice | |
102 | Joint hearings by 2 or more consent authorities | |
103 | Combined hearings in respect of 2 or more applications | |
103A | Time limit for completion of hearing of notified application | |
103B | Requirement to provide report and other evidence before hearing | |
| | |
104 | Consideration of applications | |
104A | Determination of applications for controlled activities | |
104B | Determination of applications for discretionary or non-complying activities | |
104C | Determination of applications for restricted discretionary activities | |
104D | Particular restrictions for non-complying activities | |
| [Repealed] | |
104E | Applications relating to discharge of greenhouse gases [Repealed] | |
104F | Implementation of national environmental standards [Repealed] | |
104G | Consideration of activities affecting drinking water supply source water | |
105 | Matters relevant to certain applications | |
106 | Consent authority may refuse subdivision consent in certain circumstances | |
107 | Restriction on grant of certain discharge permits | |
107A | Restrictions on grant of resource consents [Repealed] | |
107B | Provision for certain infrastructure works and related operations [Repealed] | |
107C | Circumstances when written approval for resource consent required from holder of customary rights order [Repealed] | |
107D | Process to apply if grant of resource consent has effect of cancelling customary rights order [Repealed] | |
| [Repealed] | |
107E | Decision on application to undertake non-aquaculture activity in aquaculture management area [Repealed] | |
107F | Applications to undertake aquaculture activities | |
108 | Conditions of resource consents | |
108AA | Requirements for conditions of resource consents | |
108A | Bonds | |
109 | Special provisions in respect of bonds or covenants | |
110 | Refund of money and return of land where activity does not proceed | |
111 | Use of financial contributions | |
112 | Obligation to pay rent and royalties deemed condition of consent | |
113 | Decisions on applications to be in writing, etc | |
114 | Notification | |
115 | Time limits for notification of decision | |
116 | When a resource consent commences | |
116A | When coastal permit for aquaculture activities may commence | |
116B | When resource consent commences if subject to grant of application to exchange recreation reserve land | |
| | |
117 | Application to carry out restricted coastal activity | |
118 | Recommendation of hearing committee [Repealed] | |
119 | Decision on application for restricted coastal activity [Repealed] | |
119A | Coastal permit for restricted coastal activity treated as if granted by regional council | |
| | |
120 | Right to appeal | |
121 | Procedure for appeal | |
| | |
122 | Consents not real or personal property | |
| | |
123 | Duration of consent | |
123A | Duration of consent for aquaculture activities | |
124 | Exercise of resource consent while applying for new consent | |
124A | When sections 124B and 124C apply and when they do not apply | |
124B | Applications by existing holders of resource consents | |
124C | Applications by persons who are not existing holders of resource consents | |
125 | Lapsing of consents | |
126 | Cancellation of consent | |
127 | Change or cancellation of consent condition on application by consent holder | |
| | |
128 | Circumstances when consent conditions can be reviewed | |
129 | Notice of review | |
130 | Public notification, submissions, and hearing, etc | |
131 | Matters to be considered in review | |
132 | Decisions on review of consent conditions | |
133 | Powers under Part 12 not affected | |
133A | Minor corrections of resource consents | |
| | |
134 | Land use and subdivision consents attach to land | |
135 | Transferability of coastal permits | |
136 | Transferability of water permits | |
137 | Transferability of discharge permits | |
138 | Surrender of consent | |
138A | Special provisions relating to coastal permits for dumping and incineration | |
| | |
139 | Consent authorities and Environmental Protection Authority to issue certificates of compliance | |
139A | Consent authorities to issue existing use certificates | |
| [Repealed] | |
| | |
140 | Outline of this Part | |
141 | Interpretation | |
141A | Minister’s power to intervene [Repealed] | |
141B | Minister’s power to call in matters that are or are part of proposals of national significance [Repealed] | |
141C | Form and effect of Minister’s direction [Repealed] | |
| | |
| | |
142 | Minister may call in matter that is or is part of proposal of national significance | |
143 | Restriction on when local authority may request call in | |
144 | Restriction on when Minister may call in matter | |
144A | EPA to advise and make recommendations to Minister in relation to call-in | |
| | |
145 | Matter lodged with EPA | |
146 | EPA to recommend course of action to Minister | |
147 | Minister makes direction after EPA recommendation | |
| | |
148 | Proposals relating to coastal marine area | |
149 | EPA may request further information or commission report | |
| | |
149A | EPA must serve Minister’s direction on local authority and applicant | |
149B | Local authority’s obligations if matter called in | |
149C | EPA must give public notice of Minister’s direction | |
149D | Minister may instruct EPA to delay giving public notice pending application for additional consents | |
149E | EPA to receive submissions on matter if public notice of direction has been given | |
149F | EPA to receive further submissions if matter is request, change, or variation | |
149G | EPA must provide board or court with necessary information | |
149H | Local authority may not notify further change or variation in certain circumstances | |
149I | Limitation on withdrawal of change or variation | |
| | |
| | |
149J | Minister to appoint board of inquiry | |
149K | How members appointed | |
149KA | EPA may make administrative decisions | |
149L | Conduct of inquiry | |
149M | Process if matter is request for regional plan or change and particular circumstances apply | |
149N | Process if section 149M applies or proposed plan or change not yet prepared | |
149O | Public notice and submissions where EPA receives proposed plan or change from local authority under section 149N | |
149P | Consideration of matter by board | |
149Q | Board to produce draft report [Repealed] | |
149R | Board to produce report | |
149RA | Minor corrections of board decisions, etc | |
149S | Minister may extend time by which board must report | |
| | |
149T | Matter referred to Environment Court | |
149U | Consideration of matter by Environment Court | |
| | |
149V | Appeal from decisions only on question of law | |
| | |
| | |
149W | Local authority to implement decision of board or court about proposed regional plan or change or variation | |
149X | Residual powers of local authority | |
| | |
149Y | EPA must refer matter to local authority if direction made by Minister | |
149Z | Local authority must process referred matter | |
| | |
149ZA | Minister’s powers to intervene in matter | |
| | |
149ZB | How EPA must deal with certain applications and notices of requirement | |
149ZC | Minister to decide whether application or notice of requirement to be notified | |
149ZCA | Application of sections 149ZCB to 149ZCF | |
149ZCB | Public notification of application or notice at Minister’s discretion | |
149ZCC | Limited notification of application or notice | |
149ZCD | Public notification of application or notice after request for further information | |
149ZCE | Minister to decide if adverse effects likely to be more than minor | |
149ZCF | Minister to decide if person is affected person | |
| | |
149ZD | Costs of processes under this Part recoverable from applicant | |
149ZE | Remuneration, allowances, and expenses of boards of inquiry | |
149ZF | Liability to pay costs constitutes debt due to EPA or the Crown | |
149ZG | Process may be suspended if costs outstanding | |
150 | Residual powers of authorities [Repealed] | |
150AA | Reference to Environment Court [Repealed] | |
| | |
150A | Interpretation | |
150B | Moratorium | |
150C | Earlier expiry of moratorium in relation to specified areas | |
150D | Pending applications to be considered under rules as at end of moratorium [Repealed] | |
150E | Transitional provision [Repealed] | |
150F | No compensation | |
| | |
150G | Certain coastal permits issued in period from 1 June 1995 to 1 August 2003 continued | |
| | |
151AA | Part not to apply to applications to occupy coastal marine area | |
151 | Interpretation | |
152 | Order in Council may be made requiring holding of authorisation | |
153 | Application of Order in Council | |
154 | Publication, etc, of Order in Council | |
155 | Particulars of Order in Council to be endorsed on regional coastal plan | |
156 | Effect of Order in Council | |
157 | Calling of public tenders for authorisations | |
158 | Requirements of tender | |
159 | Acceptance of tender, etc | |
160 | Notice of acceptance of tender | |
161 | Grant of authorisation | |
162 | Authorisation not to confer right to coastal permit, etc | |
163 | Authorisation transferable | |
164 | Authorisation to lapse in certain circumstances | |
165 | Tender money | |
| | |
165A | Overview | |
165AB | Establishment of aquaculture management areas [Repealed] | |
165B | Relationship of Part with rest of Act | |
165BB | Some applications for coastal permits must be cancelled [Repealed] | |
165BC | Certain applications not to be processed or determined until aquaculture management area established in regional coastal plan [Repealed] | |
| | |
165C | Interpretation | |
165D | Power of consent authorities to refuse to receive applications for coastal permits | |
165E | Applications in relation to aquaculture settlement areas | |
| | |
165F | Provisions about occupation of common marine and coastal area | |
165G | Plan may specify allocation methods | |
165H | Regional council to have regard to and be satisfied about certain matters before including allocation rule in regional coastal plan or proposed regional coastal plan | |
165I | Offer of authorisations for activities in common marine and coastal area in accordance with plan | |
165J | When applications not to be made unless applicant holds authorisation in accordance with plan | |
165K | Power to give directions relating to allocation of authorisations for space provided for in plan | |
| | |
165L | Regional council may request use of allocation method | |
165M | Stay on applications following request under section 165L | |
165N | Minister may approve use of allocation method | |
165O | Period of approval | |
165P | Offer of authorisations where approved by Minister | |
165Q | When applications not to be made or granted unless applicant holds authorisation in accordance with Gazette notice | |
| | |
165R | Authorisation not to confer right to coastal permit | |
165S | Authorisation transferable | |
165T | Authorisation lapses in certain circumstances | |
165U | Public notice of offer of authorisations by regional council | |
165V | Requirements for offers for authorisations | |
165W | Preferential rights of iwi | |
165X | Acceptance of offer for authorisations | |
165Y | Grant of authorisation | |
165Z | Tender money | |
165ZA | Use of tender money | |
| | |
165ZB | Regional council may request suspension of applications to occupy common marine and coastal area for purposes of aquaculture activities | |
165ZC | Effect on applications of request under section 165ZB | |
165ZD | Minister of Aquaculture may suspend applications to occupy the common marine and coastal area for the purposes of aquaculture activities | |
165ZE | Subsequent requests for direction in relation to suspension of receipt of applications | |
| | |
165ZF | Regional council may request direction to process and hear together applications for permits to occupy common marine and coastal area for purpose of aquaculture activities | |
165ZFA | Ministerial power to direct applications to be processed and heard together | |
| | |
165ZFB | Application of sections 165ZFC to 165ZFH | |
165ZFC | Interpretation | |
165ZFD | Effect of requirement that applications be processed and heard together on direct referral to Environment Court under sections 87D to 87I | |
165ZFE | Processing of affected applications | |
165ZFF | Hearing of affected applications | |
165ZFG | Effect of requirement that applications be processed and heard together on power of Minister to call in applications under section 142 | |
165ZFH | Effect of requirement that applications be processed and heard together on lodgement of applications with EPA | |
| [Repealed] | |
| | |
165ZG | Application | |
165ZH | Processing applications for existing permit holders | |
165ZI | Applications for space already used for aquaculture activities | |
165ZJ | Additional criteria for considering applications for permits for space already used for aquaculture activities | |
| | |
165ZK | Application | |
165ZL | Interpretation | |
165ZM | Other provisions of Act apply subject to this subpart | |
165ZN | Application for coastal permit to undertake aquaculture activities | |
165ZO | Identifying plan change requests and concurrent applications | |
165ZP | Incomplete concurrent application | |
165ZQ | Additional consents | |
165ZR | Concurrent application to be declined or treated as withdrawn if plan change request declined or withdrawn | |
165ZS | Consideration of plan change request | |
165ZT | Notification of accepted plan change request | |
165ZU | Submissions on plan change request and concurrent application | |
165ZV | Hearing of submissions | |
165ZW | Type of activity in relation to concurrent activities | |
165ZX | Consideration of plan change request and concurrent application | |
165ZY | Regional council’s decision on concurrent application | |
165ZZ | Appeals | |
165ZZA | Grant of coastal permit | |
| | |
| | |
166 | Definitions | |
167 | Application to become requiring authority | |
168 | Notice of requirement to territorial authority | |
168A | Notice of requirement by territorial authority | |
169 | Further information, notification, submissions, and hearing for notice of requirement to territorial authority | |
170 | Discretion to include requirement in proposed plan | |
171 | Recommendation by territorial authority | |
172 | Decision of requiring authority | |
173 | Notification of decision on designation | |
174 | Appeals | |
175 | Designation to be provided for in district plan | |
176 | Effect of designation | |
176A | Outline plan | |
177 | Land subject to existing designation or heritage order | |
178 | Interim effect of requirements for designations | |
179 | Appeals relating to sections 176 to 178 | |
180 | Transfer of rights and responsibilities for designations | |
180A | When financial responsibility is transferred to responsible SPV | |
181 | Alteration of designation | |
182 | Removal of designation | |
183 | Review of designation which has not lapsed [Repealed] | |
184 | Lapsing of designations which have not been given effect to | |
184A | Lapsing of designations of territorial authority in its own district | |
185 | Environment Court may order taking of land | |
186 | Compulsory acquisition powers | |
| | |
187 | Meaning of heritage order and heritage protection authority | |
188 | Application to become heritage protection authority | |
189 | Notice of requirement to territorial authority | |
189A | Notice of requirement for heritage order by territorial authority | |
190 | Further information, notification, submissions, and hearing for notice of requirement to territorial authority | |
191 | Recommendation by territorial authority | |
192 | Application of other sections | |
193 | Effect of heritage order | |
193A | Land subject to existing heritage order or designation | |
194 | Interim effect of requirement | |
195 | Appeals relating to sections 193 and 194 | |
195A | Alteration of heritage order | |
195B | Transfer of heritage order | |
195C | Notice of determination | |
196 | Removal of heritage order | |
197 | Compulsory acquisition powers | |
198 | Environment Court may order land taken, etc | |
| | |
198AA | Time limits from which time periods are excluded in relation to designations and heritage orders | |
198AB | Excluded time periods relating to provision of further information | |
198AC | Excluded time periods relating to direct referral | |
198AD | Excluded time periods relating to other matters | |
| | |
198A | Sections 198B to 198G apply to requirements under section 168 or 189 | |
198B | Requiring authority or heritage protection authority’s request | |
198C | Territorial authority’s decision on request | |
198D | Territorial authority’s subsequent processing | |
198E | Environment Court decides | |
198F | Residual powers of territorial authority | |
198G | When territorial authority must deal with requirement | |
198H | Sections 198I to 198M apply to requirements under section 168A or 189A | |
198I | Territorial authority’s decision | |
198J | Territorial authority’s subsequent processing | |
198K | Environment Court decides | |
198L | Residual powers of territorial authority | |
198M | When territorial authority must deal with requirement | |
| | |
199 | Purpose of water conservation orders | |
200 | Meaning of water conservation order | |
201 | Application for water conservation order | |
202 | Minister’s obligations upon receipt of application | |
203 | Special tribunal | |
204 | Public notification of application | |
205 | Submissions to special tribunal | |
206 | Conduct of hearing | |
207 | Matters to be considered | |
208 | Special tribunal to report on application | |
209 | Right to make submissions to Environment Court | |
210 | Environment Court to hold inquiry | |
211 | Who may be heard at inquiry | |
212 | Matters to be considered by Environment Court | |
213 | Court’s report | |
214 | Making of water conservation order | |
215 | Minister’s obligation to state reasons for not accepting recommendation | |
216 | Revocation or variation of order | |
217 | Effect of water conservation order | |
| | |
217A | Purpose | |
217B | Interpretation | |
217C | Application of this Part | |
217D | Farm must have certified freshwater farm plan if it meets land use threshold | |
217E | Main duties of farm operators | |
217F | Contents of freshwater farm plan | |
217G | Certification of freshwater farm plan | |
217H | Audit of farm for compliance with certified freshwater farm plan | |
217I | Functions of regional councils | |
217J | Records that must be kept by regional council | |
217K | Regional council must appoint certifiers and auditors | |
217L | Relationship between certified freshwater farm plan and specified instruments | |
217M | Regulations relating to freshwater farm plans | |
| | |
217N | Purpose of this Part | |
217O | Nitrogenous fertiliser defined | |
217P | Obligation to comply with regulations | |
217Q | Regulations relating to sales information on nitrogenous fertiliser | |
| | |
218 | Meaning of subdivision of land | |
219 | Information to accompany applications for subdivision consents [Repealed] | |
220 | Condition of subdivision consents | |
221 | Territorial authority to issue a consent notice | |
222 | Completion certificates | |
| | |
223 | Approval of survey plan by territorial authority | |
224 | Restrictions upon deposit of survey plan | |
225 | Agreement to sell land or building before deposit of plan | |
226 | Restrictions upon issue of certificates of title for subdivision | |
226A | Savings in respect of cross leases, company leases, and retirement village leases | |
227 | Cancellation of prior approvals | |
228 | Subdivision by the Crown | |
| | |
229 | Purposes of esplanade reserves and esplanade strips | |
230 | Requirement for esplanade reserves or esplanade strips | |
231 | Esplanade reserves to vest on subdivision | |
232 | Creation of esplanade strips | |
233 | Effect of change to boundary of esplanade strip | |
234 | Variation or cancellation of esplanade strips | |
235 | Creation of esplanade strips by agreement | |
236 | Where land previously set aside or reserved | |
237 | Approval of survey plans where esplanade reserve or esplanade strips required | |
237A | Vesting of land in common marine and coastal area or bed of lake or river | |
237B | Access strips | |
237C | Closure of strips to public | |
237D | Transfers to the Crown or regional council | |
237E | Compensation for taking of esplanade reserves or strips on allotments of less than 4 hectares | |
237F | Compensation for taking of esplanade reserves or strips on allotments of 4 hectares or more | |
237G | Compensation | |
237H | Valuation | |
| | |
238 | Vesting of roads | |
239 | Vesting of reserves or other land | |
| | |
240 | Covenant against transfer of allotments | |
241 | Amalgamation of allotments | |
242 | Prior registered instruments protected | |
| | |
243 | Survey plan approved subject to grant or reservation of easements | |
| [Repealed] | |
244 | Company leases and cross leases [Repealed] | |
| | |
245 | Consent authority approval of a plan of survey of a reclamation | |
246 | Restrictions on deposit of plan of survey for reclamation | |
| | |
247 | Planning Tribunal re-named Environment Court | |
248 | Membership of Environment Court | |
| | |
249 | Eligibility for appointment as an Environment Judge or alternate Environment Judge | |
250 | Appointment of Environment Judges and alternate Environment Judges | |
250A | Judge not to undertake other employment or hold other office | |
250B | Protocol relating to activities of Judges | |
251 | Chief Environment Court Judge | |
251A | Appointment of acting Chief Environment Court Judge | |
252 | When an alternate Environment Judge may act | |
| | |
253 | Eligibility for appointment as Environment Commissioner or Deputy Environment Commissioner | |
254 | Appointment of Environment Commissioner or Deputy Environment Commissioner | |
255 | When a Deputy Environment Commissioner may act | |
256 | Oath of office | |
| | |
257 | Resignation | |
258 | Removal of members | |
| | |
259 | Special advisors | |
| | |
260 | Registrar and other officers | |
| | |
261 | Protection from legal proceedings | |
262 | Environment Court members who are ratepayers | |
263 | Remuneration of Environment Commissioners, Deputy Environment Commissioners, and special advisors | |
264 | Annual report of Registrar | |
| | |
265 | Environment Court sittings | |
266 | Constitution of the Environment Court not to be questioned | |
| | |
267 | Conferences | |
268 | Alternative dispute resolution | |
268A | Mandatory participation in alternative dispute resolution processes | |
| | |
269 | Court procedure | |
270 | Hearing matters together | |
271 | Local hearings | |
271A | Submitter may be party to proceedings [Repealed] | |
272 | Hearing of proceedings | |
273 | Successors to parties to proceedings | |
274 | Representation at proceedings | |
275 | Personal appearance or by representative | |
276 | Evidence | |
276A | Evidence of documents | |
277 | Hearings and evidence generally to be public | |
277A | Powers of Environment Court in relation to evidence heard on appeal by way of rehearing [Repealed] | |
278 | Environment Court has powers of District Court | |
279 | Powers of Environment Judge sitting alone | |
280 | Powers of Environment Commissioner sitting without Environment Judge | |
281 | Waivers and directions | |
281A | Registrar may waive, reduce, or postpone payment of fee | |
281B | Review of exercise of power by Registrar | |
282 | Application of Contempt of Court Act 2019 | |
283 | Non-attendance or refusal to co-operate | |
284 | Witnesses’ allowances | |
284A | Security for costs [Repealed] | |
285 | Awarding costs | |
286 | Enforcing orders for costs | |
287 | Reference of questions of law to High Court | |
288 | Privileges and immunities | |
288A | Information regarding reserved judgments | |
288B | Recusal guidelines | |
288C | Judge may make order restricting commencement or continuation of proceeding | |
288D | Grounds for making section 288C order | |
288E | Terms of section 288C order | |
288F | Procedure and appeals relating to section 288C orders | |
| | |
289 | Reply to appeal or request for inquiry [Repealed] | |
290 | Powers of court in regard to appeals and inquiries | |
290AA | Powers of court in regard to certain appeals under clause 14 of Schedule 1 | |
290A | Environment Court to have regard to decision that is subject of appeal or inquiry | |
291 | Other proceedings before court | |
| | |
292 | Remedying defects in plans | |
293 | Environment Court may order change to proposed policy statements and plans | |
293A | Determinations on recognition orders and agreements made under Marine and Coastal Area (Takutai Moana) Act 2011 | |
294 | Review of decision by court | |
| | |
295 | Environment Court decisions are final | |
296 | No review of decisions unless right of appeal or reference to inquiry exercised | |
297 | Decisions of court to be in writing | |
298 | Documents judicially noticed | |
| | |
299 | Appeal to High Court on question of law | |
300 | Notice of appeal | |
301 | Right to appear and be heard on appeal | |
302 | Parties to the appeal before the High Court | |
303 | Orders of the High Court | |
304 | Dismissal of appeal | |
305 | Additional appeals on questions of law | |
306 | Extension of time | |
307 | Date of hearing | |
308 | Appeals to the Court of Appeal | |
| | |
308A | Identification of trade competitors and surrogates | |
308B | Limit on making submissions | |
308C | Limit on representation at appeals | |
308CA | Limit on representation at proceedings as party under section 274 | |
308D | Limit on appealing under this Act | |
308E | Prohibition on using surrogate | |
308F | Surrogate must disclose status | |
308G | Declaration that Part contravened | |
308H | Costs orders if declaration made | |
308I | Proceedings for damages in High Court | |
| | |
309 | Proceedings to be heard by an Environment Judge | |
| | |
310 | Scope and effect of declaration | |
311 | Application for declaration | |
312 | Notification of application | |
313 | Decision on application | |
| | |
314 | Scope of enforcement order | |
315 | Compliance with enforcement order | |
316 | Application for enforcement order | |
317 | Notification of application | |
318 | Right to be heard | |
319 | Decision on application | |
320 | Interim enforcement order | |
321 | Change or cancellation of enforcement order | |
| | |
322 | Scope of abatement notice | |
323 | Compliance with abatement notice | |
324 | Form and content of abatement notice | |
325 | Appeals | |
325A | Cancellation of abatement notice | |
325B | Restrictions on certain applications for enforcement orders and abatement notices | |
| | |
326 | Meaning of excessive noise | |
327 | Issue and effect of excessive noise direction | |
328 | Compliance with an excessive noise direction | |
| | |
329 | Water shortage direction | |
| | |
329A | Interpretation | |
330 | Emergency works and power to take preventive or remedial action | |
330AAA | Modification of requirements in section 330(3) for authorities in affected areas | |
330A | Resource consents for emergency works | |
330AA | Modification of requirements in section 330A for activities undertaken in affected areas | |
330B | Emergency works under Civil Defence Emergency Management Act 2002 | |
330C | Modification of requirements in section 330B for activities undertaken in affected areas | |
331 | Reimbursement or compensation for emergency works | |
| | |
331A | Application of sections 331B to 331E | |
331B | Owner or occupier of rural land may take emergency preventive or remedial measures | |
331C | Requirement for owner or occupier to give notice to relevant consent authority | |
331D | Duty to gather information, monitor, and keep records | |
331E | Enforcement proceedings | |
331F | Repeal of this section and sections 331A to 331E | |
| | |
332 | Power of entry for inspection | |
333 | Power of entry for survey | |
334 | Application for warrant for entry for search | |
335 | Direction and execution of warrant for entry for search | |
| | |
336 | Return of property seized under sections 323 and 328 | |
337 | Return of property seized under warrant [Repealed] | |
| | |
338 | Offences against this Act | |
339 | Penalties | |
339A | Protection against imprisonment for dumping and discharge offences involving foreign ships | |
339B | Additional penalty for certain offences for commercial gain | |
339C | Amount of fine or other monetary penalty recoverable by distress and sale of ship or from agent | |
340 | Liability of principal for acts of agents | |
341 | Strict liability and defences | |
341A | Liability and defences for dumping and storage of waste or other matter | |
341B | Liability and defences for discharging harmful substances | |
342 | Fines to be paid to local authority instituting prosecution | |
343 | Discharges from ships [Repealed] | |
| | |
343A | Infringement offences | |
343B | Commission of infringement offence | |
343C | Infringement notices | |
343D | Entitlement to infringement fees | |
| | |
343E | Terms used in this Part | |
343F | Enforcement functions of EPA | |
343G | Intervention by EPA | |
343H | EPA may change enforcement functions | |
343I | EPA enforcement officers | |
343J | EPA may require information from local authority | |
343K | Additional reporting requirements | |
343L | Order for payment of EPA’s costs in bringing a prosecution | |
| [Repealed] | |
344 | Interpretation [Repealed] | |
345 | Purpose and principles [Repealed] | |
346 | Establishment of Commission [Repealed] | |
347 | Functions of Commission [Repealed] | |
348 | Membership of Commission [Repealed] | |
349 | Compliance with policy directions [Repealed] | |
350 | Further provisions applying in respect of Commission [Repealed] | |
351 | Regulations [Repealed] | |
| | |
352 | Service of documents | |
352A | Mode of service of summons on master or owner of ship | |
353 | Notices and consents in relation to Maori land | |
354 | Crown’s existing rights to resources to continue | |
355 | Vesting of reclaimed land | |
355AA | Effect of Foreshore and Seabed Act 2004 on vesting of reclamations [Repealed] | |
355AB | Application for renewals [Repealed] | |
355A | Application for consent to unlawful reclamation | |
355B | Enforcement powers against unlawful reclamations | |
356 | Matters may be determined by arbitration | |
| | |
357 | Right of objection against certain decisions | |
357A | Right of objection to consent authority against certain decisions or requirements | |
357AB | Objection under section 357A(1)(f) or (g) may be considered by hearings commissioner | |
357B | Right of objection in relation to imposition of additional charges or recovery of costs | |
357C | Procedure for making and hearing objection under sections 357 to 357B | |
357CA | Powers of hearings commissioner considering objection under section 357A(1)(f) or (g) | |
357D | Decision on objections made under sections 357 to 357B | |
358 | Appeals against certain decisions or objections | |
359 | Regional councils to pay rents, royalties, and other money received into Crown Bank Account | |
360 | Regulations | |
360A | Regulations amending regional coastal plans in relation to aquaculture activities | |
360B | Conditions to be satisfied before regulations made under section 360A | |
360C | Regional council’s obligations | |
360D | Regulations that prohibit or remove certain rules [Repealed] | |
360E | Procedures relevant to making rules under section 360D [Repealed] | |
360F | Regulations relating to administrative charges and other amounts | |
360G | Regulations relating to fast-track applications [Repealed] | |
360H | Regulations relating to notification of consent applications [Repealed] | |
361 | Repeals and revocations | |
362 | Consequential amendments | |
363 | Conflicts with special Acts | |
| | |
364 | Application of this Part | |
365 | Meaning of permission | |
366 | Effect of this Act on existing schemes, consents, etc | |
367 | Effect of regional planning schemes | |
| | |
368 | Existing notices, bylaws, etc, to become regional plans | |
369 | Provisions deemed to be regional rules | |
| | |
370 | Existing notices, bylaws, etc, to become regional coastal plans | |
371 | Provisions deemed to be regional rules | |
372 | Power of Minister of Conservation to give directions relating to restricted coastal activities | |
| | |
373 | Existing district and maritime schemes to become district plans | |
374 | Provisions deemed to be district rules | |
375 | Transitional provisions for public utilities | |
| | |
376 | Transitional plans to be notified and available | |
377 | Obligation to review transitional plans | |
378 | Proceedings in relation to plans | |
379 | Declarations | |
| | |
380 | Existing notices which continue in effect | |
381 | Existing notices deemed to be abatement notices | |
382 | Existing direction deemed to be excessive noise direction | |
382A | Return of property seized under Noise Control Act 1982 | |
| | |
383 | Existing permissions to become land use consents | |
383A | Existing permissions to allow use of beds of lakes and rivers | |
384 | Existing permissions to become coastal permits | |
384A | Right of port companies to occupy coastal marine area | |
385 | Existing clean air permissions to become discharge permits | |
386 | Existing rights and authorities under Water and Soil Conservation Act 1967 | |
387 | Existing geothermal licences and authorisations deemed to be water permits | |
388 | Requirement to supply information | |
389 | Existing applications | |
390 | Application being heard | |
390A | Appeals | |
390B | Date on which application deemed to be made | |
390C | Dealing with applications for permissions | |
390D | Timing for renewals | |
391 | Applications for licences and approvals under Clean Air Act 1972 | |
391A | Resource consents following approval under Clean Air Act 1972 | |
392 | Provisions of Clean Air Act 1972 may be considered on applications for resource consents for discharging contaminants into the air [Expired] | |
393 | Applications for Orders in Council to reclaim land and approval for harbour works | |
394 | Transitional provisions relating to setting aside of esplanade reserves on reclamation [Repealed] | |
395 | Applications for works, etc, in coastal marine area [Repealed] | |
396 | Applications for marine farming in coastal marine area [Repealed] | |
396A | Notification of lapsing, cancellation, or surrender of coastal permit for marine farming [Repealed] | |
396B | Notification of rule change affecting marine farming [Repealed] | |
397 | Existing applications for marine farming leases [Repealed] | |
398 | Regional councils not to accept applications for coastal permits in areas notified by Minister of Fisheries [Repealed] | |
399 | Applications received on same day | |
400 | Applications under Marine Farming Act 1971 for prohibited anchorages, etc | |
401 | Conditions of deemed resource consents | |
401A | Transitional coastal occupation charges | |
401B | Obligation to pay coastal occupation charge deemed condition of consent | |
| | |
402 | Existing subdivision approvals | |
403 | Existing objections and appeals in relation to subdivisions | |
404 | Existing applications for approval | |
405 | Transitional provisions for subdivisions | |
405A | Transitional provisions for esplanade reserves where land subdivided or road stopped | |
406 | Grounds of refusal of subdivision consent | |
407 | Subdivision consent conditions | |
408 | Existing approvals for unit plans, cross lease plans, and company lease plans | |
409 | Financial contributions for developments | |
410 | Existing developments | |
411 | Restriction on imposition of conditions as to financial contributions | |
412 | Expiry of certain sections [Repealed] | |
| | |
413 | Current mining privileges to become deemed permits | |
414 | Deemed permits to be subject to regional rules | |
415 | Acquisition of deemed permits | |
416 | Compensation | |
417 | Permits over land other than that of holders to be produced in Land Transfer Office | |
| | |
417A | Uses of lakes and rivers not restricted by section 9 | |
418 | Certain existing permitted uses may continue | |
419 | Certain discharges affected by water classifications | |
420 | Designations and requirements continued | |
421 | Protection notices to become heritage orders | |
422 | Procedure for requirements for designations and protection notices | |
423 | National water conservation orders | |
| | |
424 | Savings as to bylaws | |
425 | Leases, licences, and other authorities under Harbours Act 1950 | |
425A | Functions and powers in respect of activities on or in Lake Taupo | |
426 | Leases and licences executed under Marine Farming Act 1971 [Repealed] | |
427 | Deemed transfer of powers to former public bodies | |
428 | Environment Court | |
429 | Savings as to compensation claims | |
430 | Savings as to court proceedings | |
431 | Obligation to prepare draft New Zealand coastal policy statement within 1 year | |
432 | Obligation to prepare regional policy statements and coastal plans within 2 years | |
433 | Collection of water management charges | |
| [Repealed] | |
434 | Transitional provisions for amendments made on or after commencement of Resource Management Amendment Act 2013 [Repealed] | |
| | |
| | |
| [Repealed] | |
| [Repealed] | |
| | |
| | |
| | |
| | |
| [Repealed] | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| Notes | |