• “(4A) The Minister of Conservation may, in writing, delegate to the Environmental Protection Authority his or her functions, powers, and duties—

  • “(a) under section 149ZD(4); and

  • “(b) under sections 357B(b), 357C, and 357D, in relation to a delegation to which paragraph (a) applies.”

• “(a) the state of the whole or any part of the environment of its region or district—

  • “(i) to the extent that is appropriate to enable the local authority to effectively carry out its functions under this Act; and

  • “(ii) in addition, by reference to any indicators or other matters prescribed by regulations made under this Act, and in accordance with the regulations; and”.

• “(7) Information required to be provided under this section must be provided in accordance with any prescribed requirements.”

• “(3) Despite subsection (2), nothing in paragraph (c) or (d) of that subsection applies to a board of inquiry appointed under section 149J.”

• “(1) At any reasonable time before a hearing or, if no hearing is to be held, before the decision is made, a local authority (as local authority is defined in section 42(6)(b)) may require preparation of a report on information provided on any matter described in section 39(1) by the applicant or any person who made a submission.

• “(1AA) The local authority may—

  • “(a) require an officer of the local authority to prepare the report; or

  • “(b) commission a consultant or any other person employed for the purpose to prepare the report.”

• “(2) The Minister may, without using a process referred to in subsection (1), amend a national policy statement if the amendment is of minor effect or corrects a minor error.”

• “(4A) A rule may prohibit or restrict the felling, trimming, damaging, or removal of a tree or trees on a single urban environment allotment only if, in a schedule to the plan,—

  • “(a) the tree or trees are described; and

  • “(b) the allotment is specifically identified by street address or legal description of the land, or both.

• “(4B) A rule may prohibit or restrict the felling, trimming, damaging, or removal of trees on 2 or more urban environment allotments only if—

  • “(a) the allotments are adjacent to each other; and

  • “(b) the trees on the allotments together form a group of trees; and

  • “(c) in a schedule to the plan,—

    • “(i) the group of trees is described; and

    • “(ii) the allotments are specifically identified by street address or legal description of the land, or both.

• “(4C) In subsections (4A) and (4B),—

  “group of trees means a cluster, grove, or line of trees

  “urban environment allotment or allotment means an allotment within the meaning of section 218—

  • “(a) that is no greater than 4 000 m²; and

  • “(b) that is connected to a reticulated water supply system and a reticulated sewerage system; and

  • “(c) on which there is a building used for industrial or commercial purposes or as a dwellinghouse; and

  • “(d) that is not reserve (within the meaning of section 2(1) of the Reserves Act 1977) or subject to a conservation management plan or conservation management strategy prepared in accordance with the Conservation Act 1987 or the Reserves Act 1977.

• “(4D) To avoid doubt, subsections (4A) and (4B) apply—

  • “(a) regardless of whether the tree, trees, or group of trees is, or the allotment or allotments are, also identified on a map in the plan; and

  • “(b) regardless of whether the allotment or allotments are also clad with bush or other vegetation.”

• “(6A) Despite the discretion to grant a request under subsection (5) or (6), if regulations have been made under section 360(1)(hm),—

  • “(a) the consent authority must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by those regulations; but

  • “(b) that obligation to grant the request does not apply if the consent authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist.”

• “(c) provide a summary of submissions received.”

• “(6) The consent authority must ensure that it provides reasonable assistance to the Environment Court in relation to any matters raised in the authority's report.

• “(7) In providing that assistance, the consent authority—

  • “(a) is a party to the proceedings; and

  • “(b) must be available to attend hearings to—

    • “(i) discuss or clarify any matter in its report:

    • “(ii) give evidence about its report:

    • “(iii) discuss submissions received and address issues raised by the submissions:

    • “(iv) provide any other relevant information requested by the court.”

• “(2) The application is referred to the Environment Court by the applicant,—

  • “(a) within 10 working days after receiving the report, lodging with the Environment Court a notice of motion in the prescribed form applying for the grant of the resource consent (or the change or cancellation of the condition) and specifying the grounds upon which the application for the grant of the resource consent (or the change or cancellation of the condition) is made, and a supporting affidavit as to the matters giving rise to that application; and

  • “(b) as soon as is reasonably practicable after lodging the notice of motion, serving a copy of the notice of motion and affidavit on—

    • “(i) the consent authority that granted the applicant's request under section 87D; and

    • “(ii) every person who made a submission to the authority on the application; and

  • “(c) telling the Registrar of the Environment Court by written notice when the copies have been served.”

• “(1) If a consent authority does not publicly notify an application for a resource consent for an activity, it must decide (under sections 95E to 95G) whether there is any affected person, affected protected customary rights group, or affected customary marine title group in relation to the activity.”

• “(6A) When requesting the Minister to call in a matter (by making a direction under subsection (2)), a local authority or an applicant must at the same time serve the other party (the local authority or the applicant, as the case may be) with notice of the request.”

• “(8) The Minister must not make a direction under subsection (2)(b) if section 149C(2)(a) or (b) applies (which relates to a request for the preparation of a regional plan or a request for a change to a plan).”

• “(6) The EPA must not recommend to the Minister that he or she make a direction under section 147(1)(b) if section 149C(2)(a) or (b) applies (which relates to a request for the preparation of a regional plan or a request for a change to a plan).”

• “(8) The Minister must not make a direction under subsection (1)(b) if section 149C(2)(a) or (b) applies (which relates to a request for the preparation of a regional plan or a request for a change to a plan).”

• “(1) Subsection (2) applies to a matter if—

  • “(a) the matter has been lodged with the EPA under section 145; or

  • “(b) a request relating to the matter has been made by a local authority or an applicant for a direction under section 142(1)(b); or

  • “(c) the Minister decides, at his or her own initiative, to apply section 142.”

• “(d) without limiting sections 39, 40 to 41C, 99, and 99A,—

  • “(i) may direct that a conference of a group of experts be held:

  • “(ii) may direct that a conference be held of submitters who wish to be heard at the hearing, the applicant, and any relevant local authority, or any of them.”

• “(c) the EPA must do anything required of it by sections 149F and 149O; and”.

• “(d) must apply section 165H as if it were a regional council, if the matter involves a rule in a regional coastal plan or proposed regional coastal plan that relates to the allocation of space in a common marine and coastal area for the purposes of an activity.”

• “(2A) If the 9-month period ending on the deadline specified in subsection (2) includes any days that fall during the holiday period (being the 22-day period starting on 20 December in any year and ending with 10 January in the following year), then the deadline is deferred by that number of days.

• “(2B) However, if the deadline specified in subsection (2) falls during the holiday period, then the deadline is deferred by 22 days.”

“149RA Minor corrections of board decisions, etc

• “(1) At any time during its term of appointment, a board of inquiry may issue an amendment to a decision, or an amended decision, that corrects minor mistakes or defects in any decision of the board, and this power includes the powers set out in subsections (2) to (4).

  “(2) The board may correct a resource consent as if the board were a consent authority acting under section 133A (which applies within 20 working days of the grant of the resource consent).

  “(3) The board may amend a proposed plan as if the board were a local authority acting under clause 16(2) of Schedule 1 before the earlier of the following:

  • “(a) the day on which the local authority approves the proposed plan under clause 17 of Schedule 1 or the day on which the Minister of Conservation approves the proposed regional coastal plan under clause 19 of Schedule 1, whichever applies:

  • “(b) the day that is 40 working days after the day on which any appeals relating to the matter have been determined and all rights of appeal have expired.

  “(4) The board may correct a requirement before the earlier of the following:

  • “(a) the day on which the local authority includes the relevant designation or heritage order in its district plan and any proposed district plan under section 175(2):

  • “(b) the day that is 40 working days after the day on which any appeals relating to the matter have been determined and all rights of appeal have expired.”

• “(5) The EPA must, on request by a board of inquiry, request the Minister to grant an extension under subsection (1) in relation to any matter before the board.

• “(6) Subsection (5) does not limit subsection (1).”

• “(4A) Despite the discretion to grant a request under subsection (4), if regulations have been made under section 360(1)(hm),—

  • “(a) the regional council must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by those regulations; but

  • “(b) that obligation to grant the request does not apply if the consent authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist.”

• “(5A) Despite the discretion to grant a request under subsection (4) or (5), if regulations have been made under section 360(1)(hm),—

  • “(a) the territorial authority must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by those regulations; but

  • “(b) that obligation to grant the request does not apply if the territorial authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist.”

• “(c) provide a summary of submissions received.”

• “(6) The territorial authority must ensure that it provides reasonable assistance to the Environment Court in relation to any matters raised in the authority's report.

• “(7) In providing that assistance, the territorial authority—

  • “(a) is a party to the proceedings; and

  • “(b) must be available to attend hearings to—

    • “(i) discuss or clarify any matter in its report:

    • “(ii) give evidence about its report:

    • “(iii) discuss submissions received and address issues raised by the submissions:

    • “(iv) provide any other relevant information requested by the court.”

• “(2) The requirement is referred to the Environment Court by the requiring authority or heritage protection authority,—

  • “(a) within 10 working days after receiving the report, lodging with the Environment Court a notice of motion in the prescribed form applying for confirmation of the requirement and specifying the grounds upon which the application for confirmation is made, and a supporting affidavit as to the matters giving rise to that application; and

  • “(b) as soon as is reasonably practicable after lodging the notice of motion, serving a copy of the notice of motion and affidavit on—

    • “(i) the territorial authority that granted the requiring authority's or heritage protection authority's request under section 198B; and

    • “(ii) every person who made a submission to the territorial authority on the requirement; and

  • “(c) telling the Registrar of the Environment Court by written notice when the copies have been served.”

• “(c) provide a summary of submissions received.”

• “(5) The territorial authority must ensure that it provides reasonable assistance to the Environment Court in relation to any matters raised in the authority's report.

• “(6) In providing that assistance, the territorial authority—

  • “(a) is a party to the proceedings; and

  • “(b) must be available to attend hearings to—

    • “(i) discuss or clarify any matter in its report:

    • “(ii) give evidence about its report:

    • “(iii) discuss submissions received and address issues raised by the submissions:

    • “(iv) provide any other relevant information requested by the court.”

• “(1) If the territorial authority continues to want the requirement to be determined by the Environment Court, the requirement is referred to the court by the territorial authority,—

  • “(a) within 10 working days after preparing the report, lodging with the Environment Court a notice of motion in the prescribed form applying for confirmation of the requirement and specifying the grounds upon which the application for confirmation is made, and a supporting affidavit as to the matters giving rise to that application; and

  • “(b) as soon as is reasonably practicable after lodging the notice of motion, serving a copy of the notice of motion and affidavit on every person who made a submission to the territorial authority on the requirement; and

  • “(c) telling the Registrar of the Environment Court by written notice when the copies have been served.”

• “(1A) However, the Environment Court must regulate its proceedings in a manner that best promotes their timely and cost-effective resolution.”

• “(da) a person who has an interest in the proceedings that is greater than the interest that the general public has, but the person’s right to be a party is limited by section 308CA if the person is person A as defined in section 308A and the proceedings are for an application for a resource consent or a notice of requirement by person B as defined in section 308A:”.

• “(2A) A notice given under subsection (2) must be given to—

  • “(a) the Environment Court; and

  • “(b) the relevant local authority; and

  • “(c) the appellant, in the case of an appeal, or the person who commenced proceedings, in any other case.

• “(2B) The person giving notice under subsection (2) must, no later than 5 working days after the deadline for giving that notice, give the same notice to all other parties.”

• “(7) Subsections (2) to (2B) are subject to section 281.”

• “(7) The Environment Court may order an applicant to pay the costs and expenses that a consent authority or a territorial authority incurred in assisting the court in relation to a report provided by the authority under section 87F, 165ZFE(6), 198D, or 198J and that the court considers reasonable.

• “(8) In deciding whether to make an order under subsection (7), the court must apply a presumption that such costs are to be ordered against the applicant.”

• “(c) person C means a person who has knowingly received, is knowingly receiving, or may knowingly receive direct or indirect help from person A—

  • “(i) to bring an appeal or be a party to an appeal against a decision under this Act in favour of person B:

  • “(ii) to be a party to a proceeding before the Environment Court that was lodged by person B under section 87G, 149T, 165ZFE(9)(a)(ii), 198E, or 198K.”

“308CA Limit on representation at proceedings as party under section 274

• “(1) This section applies when person A wants to be a party under section 274 to a proceeding before the Environment Court under section 87G, 149T, 165ZFE(9)(a)(ii), 198E, or 198K on the ground that person A has an interest in the proceedings that is greater than the interest that the general public has.

• “(2) Person A may be a party to the proceeding only if directly affected by an effect of the subject matter of the proceeding that—

  • “(a) adversely affects the environment; and

  • “(b) does not relate to trade competition or the effects of trade competition.”

“308E Prohibition on using surrogate

• Person A must not, for any of the purposes in section 308D, directly or indirectly help person C—

  • “(a) to bring an appeal, or be a party to an appeal, against a decision under this Act in favour of person B:

  • “(b) to be a party to a proceeding before the Environment Court that was lodged by person B under section 87G, 149T, 165ZFE(9)(a)(ii), 198E, or 198K.”

• “(a) appears before the court—

  • “(i) as the appellant, or as a party to an appeal, against a decision under this Act in favour of person B:

  • “(ii) as a party to a proceeding before the Environment Court that was lodged by person B under section 87G, 149T, 165ZFE(9)(a)(ii), 198E, or 198K; and”.

• “(2) The proceedings may be brought by any person (other than person A or person C) who was—

  • “(a) a party to an appeal against a decision under this Act in favour of person B; or

  • “(b) a party to a proceeding before the Environment Court that was lodged by person B under section 87G, 149T, 165ZFE(9)(a)(ii), 198E, or 198K.

• “(3) The proceedings must not be commenced until the appeal or proceedings referred to in subsection (2) are determined.”

• “(ca) any service or system that any lifeline utility operates or provides—”.

• “(5) In this section and section 330A, lifeline utility means a lifeline utility within the meaning of section 4 of the Civil Defence Emergency Management Act 2002 other than a lifeline utility that is a network utility operator to which subsection (1)(c) applies.”

“Return of property

“336 Return of property seized under sections 323 and 328

• “(1) Where any property is seized and impounded under section 323 or 328 (which relate to failure to comply with an abatement notice to reduce noise or an excessive noise direction), the owner of the property or the person from whom it was seized may apply to the local authority, consent authority, or Police station where the property is held, at any time, to have the property returned to him or her.

  “(2) Where an application is made under subsection (1), the local authority, consent authority, or constable with authority to do so must arrange for the return of the property if—

  • “(a) satisfied that the return of the property is not likely to lead to a resumption of the emission of noise beyond a reasonable level; and

  • “(b) the applicant has paid all costs incurred by the local authority, consent authority, or Police in seizing, impounding, transporting, and storing the property.

  “(3) Where the local authority, consent authority, or constable with authority to do so refuses to return the property for the reason specified in subsection (2)(a), the applicant may make an application to the Environment Court, and section 325(2) applies as if—

  • “(a) the reference to service of the abatement notice on the appellant were reference to any refusal under this section; and

  • “(b) the time limit for lodging the application were 6 months from the date of seizure.

  “(4) The Environment Court, on an application under subsection (3), may—

  • “(a) order the return of the property subject to any conditions relating to the continued reduction of noise as it thinks fit; or

  • “(b) refuse the application for the return of the property.

  “(5) Where—

  • “(a) any property seized under section 323 or 328 is not claimed within 6 months of its seizure; or

  • “(b) the return of the property has been refused under subsection (3) and no application has been lodged within 6 months of the date of seizure; or

  • “(c) the Environment Court has refused the return of the property under subsection (4)(b),—

  “the local authority, the consent authority, or the Police may dispose of the property in accordance with subsection (6).

  “(6) Any local authority, consent authority, or constable wishing to dispose of property under subsection (5)—

  • “(a) must give written notice to the person from whom the property was seized, where the person's address is known; and

  • “(b) may sell or cause the property to be otherwise disposed of; and

  • “(c) may, where any proceeds are realised, apply these to the payment of costs and expenses incurred in selling the property under this section and any costs incurred in seizing, impounding, transporting, and storing the property; and

  • “(d) must, on demand, pay the remainder of the proceeds to the person from whom the property was seized.”

• “(hk) prescribing, for the purposes of section 35(2)(a)(ii),—

  • “(i) indicators or other matters by reference to which a local authority is required to monitor the state of the environment of its region or district:

  • “(ii) standards, methods, or requirements applying to the monitoring, which may differ depending on what is being monitored:

• “(hl) requiring local authorities to provide information gathered under sections 35 and 35A to the Minister, and prescribing the content of the information to be provided and the manner in which, and time limits by which, it must be provided:

• “(hm) prescribing, for the purposes of sections 87E, 165ZFE, and 198C,—

  • “(i) threshold amounts, which may differ for proposals of different types or in different locations; and

  • “(ii) matters to which an authority is required to have regard in determining whether exceptional circumstances exist:”.

• “(2E) Regulations may be made under section 360(1)(hm) only on the Minister's recommendation. Before making the recommendation, the Minister must have regard to the intent of such regulations, which is to require requests for direct referral to be granted for proposals of a significant economic scale.”

“Part 16
“Transitional provisions for amendments made on or after commencement of Resource Management Amendment Act 2013

“434 Transitional provisions for amendments made on or after commencement of Resource Management Amendment Act 2013

• “(1) The transitional provisions set out in Schedule 12 have effect for the purposes of this Act.

  “(2) The provisions relate to amendments made to this Act on or after the commencement of the Resource Management Amendment Act 2013.”

“32 Requirements for preparing and publishing evaluation reports

• “(1) An evaluation report required under this Act must—

  • “(a) examine the extent to which the objectives of the proposal being evaluated are the most appropriate way to achieve the purpose of this Act; and

  • “(b) examine whether the provisions in the proposal are the most appropriate way to achieve the objectives by—

    • “(i) identifying other reasonably practicable options for achieving the objectives; and

    • “(ii) assessing the efficiency and effectiveness of the provisions in achieving the objectives; and

    • “(iii) summarising the reasons for deciding on the provisions; and

  • “(c) contain a level of detail that corresponds to the scale and significance of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the proposal.

  “(2) An assessment under subsection (1)(b)(ii) must—

  • “(a) identify and assess the benefits and costs of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the provisions, including the opportunities for—

    • “(i) economic growth that are anticipated to be provided or reduced; and

    • “(ii) employment that are anticipated to be provided or reduced; and

  • “(b) if practicable, quantify the benefits and costs referred to in paragraph (a); and

  • “(c) assess the risk of acting or not acting if there is uncertain or insufficient information about the subject matter of the provisions.

  “(3) If the proposal (an amending proposal) will amend a standard, statement, regulation, plan, or change that is already proposed or that already exists (an existing proposal), the examination under subsection (1)(b) must relate to—

  • “(a) the provisions and objectives of the amending proposal; and

  • “(b) the objectives of the existing proposal to the extent that those objectives—

    • “(i) are relevant to the objectives of the amending proposal; and

    • “(ii) would remain if the amending proposal were to take effect.

  “(4) If the proposal will impose a greater prohibition or restriction on an activity to which a national environmental standard applies than the existing prohibitions or restrictions in that standard, the evaluation report must examine whether the prohibition or restriction is justified in the circumstances of each region or district in which the prohibition or restriction would have effect.

  “(5) The person who must have particular regard to the evaluation report must make the report available for public inspection—

  • “(a) as soon as practicable after the proposal is made (in the case of a standard or regulation); or

  • “(b) at the same time as the proposal is publicly notified.

  “(6) In this section,—

  “objectives means,—

  • “(a) for a proposal that contains or states objectives, those objectives:

  • “(b) for all other proposals, the purpose of the proposal

  “proposal means a proposed standard, statement, regulation, plan, or change for which an evaluation report must be prepared under this Act

  “provisions means,—

  • “(a) for a proposed plan or change, the policies, rules, or other methods that implement, or give effect to, the objectives of the proposed plan or change:

  • “(b) for all other proposals, the policies or provisions of the proposal that implement, or give effect to, the objectives of the proposal.

“32AA Requirements for undertaking and publishing further evaluations

• “(1) A further evaluation required under this Act—

  • “(a) is required only for any changes that have been made to, or are proposed for, the proposal since the evaluation report for the proposal was completed (the changes); and

  • “(b) must be undertaken in accordance with section 32(1) to (4); and

  • “(c) must, despite paragraph (b) and section 32(1)(c), be undertaken at a level of detail that corresponds to the scale and significance of the changes; and

  • “(d) must—

    • “(i) be published in an evaluation report that is made available for public inspection at the same time as the approved proposal (in the case of a national policy statement or a New Zealand coastal policy statement), or the decision on the proposal, is publicly notified; or

    • “(ii) be referred to in the decision-making record in sufficient detail to demonstrate that the further evaluation was undertaken in accordance with this section.

  “(2) To avoid doubt, an evaluation report does not have to be prepared if a further evaluation is undertaken in accordance with subsection (1)(d)(ii).

  “(3) In this section, proposal means a proposed statement, plan, or change for which a further evaluation must be undertaken under this Act.”

• “(2) Subsection (1) does not prevent a person who is hearing a submission or an appeal on a proposal from having regard to the matters stated in section 32.

• “(3) In this section, proposal means a proposed statement, plan, or change for which—

  • “(a) an evaluation report must be prepared under this Act; or

  • “(b) a further evaluation must be undertaken under this Act.”

• “(ba) to prepare an evaluation report for the standard in accordance with section 32 and have particular regard to that report when deciding whether to recommend the making of the standard; and”.

• “(c) prepare an evaluation report for the proposed national policy statement in accordance with section 32 and have particular regard to that report when deciding whether to notify the statement.”

• “(iaaa) notifies the public and iwi authorities of the proposed national policy statement; and”.

• “(1) The Minister,—

  • “(a) first, must consider a report and any recommendations made to him or her by a board of inquiry under section 51; and

  • “(b) secondly, may—

    • “(i) make any changes, or no changes, to the proposed national policy statement as he or she thinks fit; or

    • “(ii) withdraw all or part of the proposed national policy statement and give public notice of the withdrawal, including the reasons for the withdrawal; and

  • “(c) thirdly, must undertake a further evaluation of the proposed national policy statement in accordance with section 32AA and have particular regard to that evaluation when deciding whether to recommend the statement.”

• “(1) A regional council must prepare and change its regional policy statement in accordance with—

  • “(a) its functions under section 30; and

  • “(b) the provisions of Part 2; and

  • “(c) its obligation (if any) to prepare an evaluation report in accordance with section 32; and

  • “(d) its obligation to have particular regard to an evaluation report prepared in accordance with section 32; and

  • “(e) any regulations.”

• “(1) A regional council must prepare and change any regional plan in accordance with—

  • “(a) its functions under section 30; and

  • “(b) the provisions of Part 2; and

  • “(c) a direction given under section 25A(1); and

  • “(d) its obligation (if any) to prepare an evaluation report in accordance with section 32; and

  • “(e) its obligation to have particular regard to an evaluation report prepared in accordance with section 32; and

  • “(f) any regulations.”

• “(1) A territorial authority must prepare and change its district plan in accordance with—

  • “(a) its functions under section 31; and

  • “(b) the provisions of Part 2; and

  • “(c) a direction given under section 25A(2); and

  • “(d) its obligation (if any) to prepare an evaluation report in accordance with section 32; and

  • “(e) its obligation to have particular regard to an evaluation report prepared in accordance with section 32; and

  • “(f) any regulations.”

• “(1A)  The regional council must—

  • “(a) prepare a report summarising the matters required by subsection (1); and

  • “(b) make the report available for public inspection at the same time, or as soon as practicable after, the rule is included in the regional coastal plan or proposed regional coastal plan.”

• “(d) has prepared an evaluation report for the proposed regulations in accordance with section 32 and had particular regard to that report when deciding whether to recommend the making of the regulations.”

• “(1) A local authority that has prepared a proposed policy statement or plan must—

  • “(a) prepare an evaluation report for the proposed policy statement or plan in accordance with section 32 and have particular regard to that report when deciding whether to proceed with the statement or plan; and

  • “(b) publicly notify the proposed policy statement or plan if the local authority decides to proceed with the policy statement or plan.”

• “(ab) must include a further evaluation of the proposed policy statement or plan undertaken in accordance with section 32AA; and”.

• “(aaa) have particular regard to the further evaluation undertaken in accordance with subclause (2)(ab) when making its decision; and”.

• “(1A) The local authority must have particular regard to the evaluation report prepared for the proposed plan or change in accordance with clause 22(1)—

  • “(a) when making a decision under subclause (1); and

  • “(b) when dealing with the request under subclause (2), (3), or (4).”

• “(4) After considering a plan or change, undertaking a further evaluation of the plan or change in accordance with section 32AA, and having particular regard to that evaluation, the local authority—

  • “(a) may decline, approve, or approve with modifications the plan or change; and

  • “(b) must give reasons for its decision.”

• “(1A) The report does not need to repeat information included in the applicant's application under section 88(2).

• “(1B) Instead, the report may—

  • “(a) adopt all of the information; or

  • “(b) adopt any part of the information by referring to the part adopted.”

• “(2) An application must—

  • “(a) be made in the prescribed form and manner; and

  • “(b) include the information relating to the activity, including an assessment of the activity's effects on the environment, as required by Schedule 4.”

• “(3) A consent authority may, within 10 working days after an application was first lodged, determine that the application is incomplete if the application does not—

  • “(a) include the information prescribed by regulations; or

  • “(b) include the information required by Schedule 4.

• “(3A) The consent authority must immediately return an incomplete application to the applicant, with written reasons for the determination.”

“88B Time limits from which time periods are excluded in relation to applications

• “(1) This section provides for the deferral of certain time limits relating to applications.

  “(2) The first column of the table lists the provisions specifying time limits from which certain time periods must be excluded.

  “(3) The second column lists the provisions describing time periods that must be excluded from the corresponding time limits.

  “

  Provisions specifying time limits		Provisions describing time periods to be excluded
  Section 95 (which relates to the time limit for notification)		Section 88C(2), (4), or (6) Section 88E(2) or (4) Section 88F(2)
  Section 87F(3) (which relates to the time limit for a consent authority report on an application to be directly referred to the Environment Court)		Section 88C(4) or (6) Section 88E(2), (6), or (8) Section 88F(2)
  Section 101(2) (which relates to the time limit for commencement of a hearing of a non-notified application)		Section 88C(2), (4), or (6) Section 88E(2) or (4) Section 88F(2)
  Section 103A (which relates to the time limit for completion of a hearing of a notified application)		Section 88C(4) or (6) Section 88D(2), (4), or (6) Section 88E(2), (6), or (8) Section 88F(2)
  Section 115(3) (which relates to the time limit for notification of the decision on a non-notified application for which no hearing is held)		Section 88C(2), (4), or (6) Section 88E(2) or (4) Section 88F(2)
  Section 115(4) (which relates to the time limit for notification of the decision on a notified application for which no hearing is held)		Section 88C(4) or (6) Section 88D(2), (4), or (6) Section 88E(2), (6), or (8) Section 88F(2)

“Request for further information”.

• “(b) the request is the first request made by the authority to the applicant under that provision; and

• “(c) the request is made before the authority decides whether to notify the application.”

“Commissioning of report—applicant agrees”.

“Commissioning of report—applicant disagrees”.

“88D Excluded time periods relating to direct referral

• “Request for direct referral declined and no objection

  “(1) Subsection (2) applies when—

  • “(a) an applicant makes a request under section 87D(1); and

  • “(b) the consent authority declines the request under section 87E(5) to (6A); and

  • “(c) the applicant does not object under section 357A(1)(e).

  “(2) The period that must be excluded from every applicable time limit under section 88B is the period—

  • “(a) starting with the date on which the consent authority receives the request; and

  • “(b) ending with the date on which the 15 working days referred to in section 357C(1) end.

  “Request for direct referral declined and objection dismissed

  “(3) Subsection (4) applies when—

  • “(a) an applicant makes a request under section 87D(1); and

  • “(b) the consent authority declines the request under section 87E(5) to (6A); and

  • “(c) the consent authority dismisses the applicant's objection under section 357D.

  “(4) The period that must be excluded from every applicable time limit under section 88B is the period—

  • “(a) starting with the date on which the consent authority receives the request; and

  • “(b) ending with the date on which the consent authority notifies the applicant of its decision to dismiss the objection.

  “Request for direct referral granted or objection upheld

  “(5) Subsection (6) applies when—

  • “(a) an applicant makes a request under section 87D(1); and

  • “(b) either—

    • “(i) the consent authority grants the request under section 87E(5) to (6A); or

    • “(ii) the consent authority declines the request under section 87E(5) to (6A), but upholds the applicant's objection under section 357D.

  “(6) The period that must be excluded from every applicable time limit under section 88B is the period—

  • “(a) starting with the date on which the consent authority receives the request; and

  • “(b) ending with the earlier of the following:

    • “(i) the date on which the 15 working days referred to in section 87G(2)(a) end; and

    • “(ii) the date on which the applicant advises the consent authority that the applicant does not intend to lodge a notice of motion with the Environment Court under section 87G(2).”

“Deferral pending application for additional consents”.

“Approval sought from affected persons or groups

• “(3) Subsection (4) applies when an applicant tries, for the purposes of section 95E(3), 95F, or 95G, to obtain approval for an activity from any person or group that may otherwise be considered an affected person, affected protected customary rights group, or affected customary marine title group in relation to the activity.”

“Referral to mediation”.

“Suspension of application processing

• “(7) Subsection (8) applies when the processing of an application is suspended under section 91A.

• “(8) The period that must be excluded from every applicable time limit under section 88B is the period—

  • “(a) starting with the date on which the suspension started:

  • “(b) ending with the date on which the suspension ceased.”

“91A Applicant may have processing of application suspended

• “(1) A consent authority must suspend the processing of a notified application when a request is received in accordance with this section.

  “(2) The applicant may request the consent authority to suspend the processing of an application at any time in the period—

  • “(a) starting when the application is notified; and

  • “(b) ending when—

    • “(i) the hearing is completed, if a hearing is held for the application; or

    • “(ii) the consent authority gives notice to the applicant of its decision on the application, if a hearing is not held for the application.

  “(3) However, a request must not be made if—

  • “(a) the applicant has lodged a notice of motion with the Environment Court under section 87G(2)(a); or

  • “(b) the Minister has made a direction under section 142(2) in relation to the application; or

  • “(c) a total of 130 or more working days have been excluded from time limits under section 88B in relation to the application (which, under section 88E(8), includes time during which the application has been suspended).

  “(4) The request must be made by written or electronic notice.

  “(5) If processing is suspended under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension started.

“91B When suspension of processing ceases

• “(1) A consent authority must cease to suspend the processing of an application when—

  • “(a) a request is received in accordance with this section; or

  • “(b) the applicant lodges a notice of motion with the Environment Court under section 87G(2)(a); or

  • “(c) the Minister makes a direction under section 142(2) in relation to the application; or

  • “(d) the consent authority decides under section 91C to continue to process the application.

  “(2) The applicant may request the consent authority to cease to suspend the processing of an application if it is currently suspended.

  “(3) The request must be made by written or electronic notice.

  “(4) If a suspension is ceased under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension ceased.

“91C Application may be returned if suspended after certain period

• “(1) Subsection (2) applies if—

  • “(a) a total of 130 or more working days have been excluded from time limits under section 88B in relation to an application (which, under section 88E(8), includes time during which the application has been suspended); and

  • “(b) the application is suspended at the time.

  “(2) The consent authority must decide to—

  • “(a) return the application to the applicant; or

  • “(b) continue to process the application.

  “(3) If the consent authority decides to return the application,—

  • “(a) it must be returned together with a written explanation as to why it is being returned; but

  • “(b) the applicant may object to the consent authority under section 357(3A).

  “(4) If, after an application has been returned, the application is lodged again with the consent authority, the application is to be treated as a new application.”

“97 Time limit for submissions

• “(1) This section specifies the closing date for serving submissions on a consent authority that has notified an application.

  “(2) If public notification was given, the closing date is the 20th working day after the date of public notification.

  “(3) If limited notification was given, the closing date is the 20th working day after the date of limited notification.

  “(4) However, if limited notification was given, the consent authority may adopt as an earlier closing date the day on which the consent authority has received from all affected persons a submission, written approval for the application, or written notice that the person will not make a submission.”

• “(2) If the application was not notified, the date for the commencement of the hearing must be within 35 working days after the date the application was first lodged with the consent authority.”

“103A Time limit for completion of hearing of notified application

• “(1) This section applies to a hearing of an application for a resource consent that was notified.

  “(2) If public notification was given, the hearing must be completed no later than 75 working days after the closing date for submissions on the application.

  “(3) If limited notification was given, the hearing must be completed no later than 45 working days after the closing date for submissions on the application.

“103B Requirement to provide report and other evidence before hearing

• “(1) This section applies to a hearing of an application for a resource consent that was notified.

  “(2) The consent authority must provide the following (the authority's evidence) to the applicant, and to every person who made a submission and stated a wish to be heard at the hearing, at least 15 working days before the hearing:

  • “(a) a copy of any written report prepared under section 42A(1); and

  • “(b) briefs of any other evidence to be called by the authority.

  “(3) The applicant must provide briefs of evidence (the applicant's evidence) to the consent authority at least 10 working days before the hearing.

  “(4) A person who has made a submission and who is intending to call expert evidence must provide briefs of the evidence (the submitter's evidence) to the consent authority and the applicant at least 5 working days before the hearing.

  “(5) The consent authority must make the following available at its office to the persons specified:

  • “(a) the authority's evidence, to any person who made a submission and did not state a wish to be heard:

  • “(b) the applicant's evidence, to any person who made a submission:

  • “(c) any submitter's evidence, to any other person who made a submission.

  “(6) The consent authority must give written or electronic notice that evidence is available at its office to each person to whom the evidence is made available.

  “(7) This section overrides sections 41B and 42A(3) to (5).”

• “(2AA) However, section 101(2) does not apply to the notice of requirement, and the date for the commencement of the hearing is as follows:

  • “(a) if the notice of requirement was not notified, the date must be within 25 working days after the date the notice of requirement was given by the territorial authority:

  • “(b) if the notice of requirement was notified and the territorial authority gives a direction under section 41B, the date must be within 40 working days after the closing date for submissions on the notice of requirement:

  • “(c) if the notice of requirement was notified and the territorial authority does not give a direction under section 41B, the date must be within 25 working days after the closing date for submissions on the notice of requirement.”

• “(f) the time limit specified by section 95 were 10 working days.”

• “(3) However, section 101(2) does not apply to the notice of requirement, and the date for the commencement of the hearing is as follows:

  • “(a) if the notice of requirement was not notified, the date must be within 25 working days after the date the notice of requirement was given to the territorial authority:

  • “(b) if the notice of requirement was notified and the territorial authority gives a direction under section 41B, the date must be within 40 working days after the closing date for submissions on the notice of requirement:

  • “(c) if the notice of requirement was notified and the territorial authority does not give a direction under section 41B, the date must be within 25 working days after the closing date for submissions on the notice of requirement.”

• “(9A) However, section 101(2) does not apply to the notice of requirement, and the date for the commencement of the hearing is as follows:

  • “(a) if the notice of requirement was not notified, the date must be within 25 working days after the date the notice of requirement was given by the territorial authority:

  • “(b) if the notice of requirement was notified and the territorial authority gives a direction under section 41B, the date must be within 40 working days after the closing date for submissions on the notice of requirement:

  • “(c) if the notice of requirement was notified and the territorial authority does not give a direction under section 41B, the date must be within 25 working days after the closing date for submissions on the notice of requirement.”

• “(f) the time limit specified by section 95 were 10 working days.”

• “(8) However, section 101(2) does not apply to the notice of requirement, and the date for the commencement of the hearing is as follows:

  • “(a) if the notice of requirement was not notified, the date must be within 25 working days after the date the notice of requirement was given to the territorial authority:

  • “(b) if the notice of requirement was notified and the territorial authority gives a direction under section 41B, the date must be within 40 working days after the closing date for submissions on the notice of requirement:

  • “(c) if the notice of requirement was notified and the territorial authority does not give a direction under section 41B, the date must be within 25 working days after the closing date for submissions on the notice of requirement.”

“Time limits from which time periods are excluded in relation to designations and heritage orders

“198AA Time limits from which time periods are excluded in relation to designations and heritage orders

• “(1) This section provides for the deferral of certain time limits relating to designations and heritage orders.

  “(2) The first column of the table lists the provisions specifying time limits from which certain time periods must be excluded.

  “(3) The second column lists the provisions describing time periods that must be excluded from the corresponding time limits.

  “

  Provisions specifying time limits		Provisions describing time periods to be excluded
  Section 95 (which relates to the time limit for notification) as applied by section 169(1) or 190(1) to a notice of requirement given to a territorial authority		Section 198AB(2), (4), or (6) Section 198AD(2)
  Section 198D(3) (which relates to the time limit for a territorial authority report on a notice of requirement, given to a territorial authority, to be directly referred to the Environment Court)		Section 198AB(2), (4), or (6) Section 198AD(4)
  Section 198J(2) (which relates to the time limit for a territorial authority report on a notice of requirement, given by a territorial authority, to be directly referred to the Environment Court)		Section 198AD(4)
  Section 168A(2AA)(a) or 189A(9A)(a) (which relates to the time limit for commencement of a hearing of a non-notified notice of requirement given by a territorial authority)		Section 198AD(2)
  Section 168A(2AA)(b) or (c) or 189A(9A)(b) or (c) (which relates to the time limit for commencement of a hearing of a notified notice of requirement given by a territorial authority)		Section 198AC(8) Section 198AD(4)
  Section 169(3)(a) or 190(8)(a) (which relates to the time limit for commencement of a hearing of a non-notified notice of requirement given to a territorial authority)		Section 198AB(2), (4), or (6) Section 198AD(2)
  Section 169(3)(b) or (c) or 190(8)(b) or (c) (which relates to the time limit for commencement of a hearing of a notified notice of requirement given to a territorial authority)		Section 198AB(2), (4), or (6) Section 198AC(2), (4), or (6) Section 198AD(4)

“198AB Excluded time periods relating to provision of further information

• “Request for further information

  “(1) Subsection (2) applies when—

  • “(a) a territorial authority has requested a requiring authority or heritage protection authority, under section 92(1), to provide further information on a notice of requirement; and

  • “(b) the request is the first request made by the territorial authority to the requiring authority or heritage protection authority under that provision—

    • “(i) at all; or

    • “(ii) after the closing date for submissions.

  “(2) The period that must be excluded from every applicable time limit under section 198AA is the period—

  • “(a) starting with the date of the request under section 92(1); and

  • “(b) ending as follows:

    • “(i) if the requiring authority or heritage protection authority provides the information within 15 working days, the date on which it provides the information:

    • “(ii) if the requiring authority or heritage protection authority agrees within 15 working days to provide the information and provides the information, the date on which it provides the information:

    • “(iii) if the requiring authority or heritage protection authority agrees within 15 working days to provide the information and does not provide the information, the date set under section 92A(2)(a):

    • “(iv) if the requiring authority or heritage protection authority does not respond to the request within 15 working days, the date on which the period of 15 working days ends:

    • “(v) if the requiring authority or heritage protection authority refuses within 15 working days to provide the information, the date on which it refuses to provide the information.

  “Commissioning of report—other authority agrees

  “(3) Subsection (4) applies when—

  • “(a) a territorial authority has notified a requiring authority or heritage protection authority, under section 92(2)(b), of its wish to commission a report; and

  • “(b) the requiring authority or heritage protection authority agrees, under section 92B(1), to the commissioning of the report.

  “(4) The period that must be excluded from every applicable time limit under section 198AA is the period—

  • “(a) starting with the date of the notification under section 92(2)(b); and

  • “(b) ending with the date on which the territorial authority receives the report.

  “Commissioning of report—other authority disagrees

  “(5) Subsection (6) applies when—

  • “(a) a territorial authority has notified a requiring authority or heritage protection authority, under section 92(2)(b), of its wish to commission a report; and

  • “(b) the requiring authority or heritage protection authority does not agree, under section 92B(1), to the commissioning of the report.

  “(6) The period that must be excluded from every applicable time limit under section 198AA is the period—

  • “(a) starting with the date of the notification under section 92(2)(b); and

  • “(b) ending with the earlier of the following:

    • “(i) the date on which the period of 15 working days ends; and

    • “(ii) the date on which the territorial authority receives the requiring authority's or heritage protection authority's refusal, under section 92B(1), to agree to the commissioning of the report.

“198AC Excluded time periods relating to direct referral

• “Request for direct referral declined and no objection

  “(1) Subsection (2) applies when—

  • “(a) a requiring authority or heritage protection authority makes a request under section 198B(1); and

  • “(b) the territorial authority declines the request under section 198C(4) to (5A); and

  • “(c) the requiring authority or heritage protection authority does not object under section 357(8).

  “(2) The period that must be excluded from every applicable time limit under section 198AA is the period—

  • “(a) starting with the date on which the territorial authority receives the request; and

  • “(b) ending with the date on which the 15 working days referred to in section 357C(1) end.

  “Request for direct referral declined and objection dismissed

  “(3) Subsection (4) applies when—

  • “(a) a requiring authority or heritage protection authority makes a request under section 198B(1); and

  • “(b) the territorial authority declines the request under section 198C(4) to (5A); and

  • “(c) the territorial authority dismisses the requiring authority's or heritage protection authority's objection under section 357D.

  “(4) The period that must be excluded from every applicable time limit under section 198AA is the period—

  • “(a) starting with the date on which the territorial authority receives the request; and

  • “(b) ending with the date on which the territorial authority notifies the requiring authority or heritage protection authority of its decision to dismiss the objection.

  “Request for direct referral granted or objection upheld

  “(5) Subsection (6) applies when—

  • “(a) a requiring authority or heritage protection authority makes a request under section 198B(1); and

  • “(b) either—

    • “(i) the territorial authority grants the request under section 198C(4) to (5A); or

    • “(ii) the territorial authority declines the request under section 198C(4) to (5A), but upholds the requiring authority's or heritage protection authority's objection under section 357D.

  “(6) The period that must be excluded from every applicable time limit under section 198AA is the period—

  • “(a) starting with the date on which the territorial authority receives the request; and

  • “(b) ending with the earlier of the following:

    • “(i) the date on which the 15 working days referred to in section 198E(2)(a) end; and

    • “(ii) the date on which the requiring authority or heritage protection authority advises the territorial authority that it does not intend to lodge a notice of motion with the Environment Court under section 198E(2).

  “Decision to make direct referral to Environment Court

  “(7) Subsection (8) applies when a territorial authority makes a decision under section 198H(1).

  “(8) The period that must be excluded from every applicable time limit under section 198AA is the period—

  • “(a) starting with the date on which the territorial authority makes the decision; and

  • “(b) ending with the earlier of the following:

    • “(i) the date on which the 15 working days referred to in section 198K(1)(a) end; and

    • “(ii) the date on which the territorial authority decides not to lodge a notice of motion with the Environment Court under section 198K(1).

“198AD Excluded time periods relating to other matters

• “Approval sought from affected persons or groups

  “(1) Subsection (2) applies when a requiring authority or heritage protection authority tries, for the purposes of section 95E(3), 95F, or 95G, to obtain approval for an activity from any person or group that may otherwise be considered an affected person, affected protected customary rights group, or affected customary marine title group in relation to the activity.

  “(2) The period that must be excluded from every applicable time limit under section 198AA is the time taken by the requiring authority or heritage protection authority in trying to obtain the approvals, whether or not they are obtained.

  “Referral to mediation

  “(3) Subsection (4) applies when a territorial authority refers persons to mediation under section 99A.

  “(4) The period that must be excluded from every applicable time limit under section 198AA is the period—

  • “(a) starting with the date of the reference; and

  • “(b) ending with the earlier of the following:

    • “(i) the date on which one of the persons referred to mediation gives the other persons referred and the mediator a written notice withdrawing the person's consent to the mediation; and

    • “(ii) the date on which the mediator reports the outcome of the mediation to the territorial authority.”

• “(3A) However, section 101(2) does not apply to the application, and the date for the commencement of the hearing is as follows:

  • “(a) if the special tribunal gives a direction under section 41B, the date must be within 40 working days after the closing date for submissions on the application:

  • “(b) if the special tribunal does not give a direction under section 41B, the date must be within 25 working days after the closing date for submissions on the application.”

• “(4) In addition, any hearing must be held at a place determined by the special tribunal that is near the water body to which the application relates.”

• “(3A) A person has a right of objection to a consent authority that decides to return the person's application under section 91C(2).”