Resource Management (Consenting and Other System Changes) Amendment Act 2025
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Resource Management (Consenting and Other System Changes) Amendment Act 2025
Public Act |
2025 No 41 |
|
Date of assent |
20 August 2025 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Resource Management (Consenting and Other System Changes) Amendment Act 2025.
2 Commencement
(1)
This Act comes into force on 21 August 2025, except as provided in this section.
(2)
Sections 11, 32 to 36, 41, and 89 come into force on 20 October 2025.
(3)
Section 342A(4), as inserted by section 82, comes into force on 20 August 2027.
Section 2(1): editorial change made by the PCO, on 10 September 2025, under sections 86(1) and 87(m) of the Legislation Act 2019 (2019 No 58).
Section 2(2): editorial change made by the PCO, on 10 September 2025, under sections 86(1) and 87(m) and (q) of the Legislation Act 2019 (2019 No 58).
Section 2(3): editorial change made by the PCO, on 10 September 2025, under sections 86(1) and 87(m) and (q) of the Legislation Act 2019 (2019 No 58).
3 Principal Act
This Act amends the Resource Management Act 1991.
Part 1 Amendments to principal Act (except schedules)
Amendments to Part 1 of principal Act
4 Section 2 amended (Interpretation)
In section 2(1), insert in their appropriate alphabetical order:
electricity distribution network means any part of the electricity network that is controlled by a person or body who is both an electricity distributor and an electricity operator as those terms are defined in section 2 of the Electricity Act 1992
electricity network—
(a)
means the electricity transmission network and the electricity distribution network; and
(b)
includes—
(i)
a facility needed for the operation, maintenance, or upgrade of either of those networks; or
(ii)
a supporting and subsidiary activity in relation to either of those networks
electricity transmission network means all parts of the national grid of transmission lines and cables (aerial, underground, and submarine, including the high-voltage direct current link), stations, and sub-stations and other works used to connect grid injection points and grid exit points to convey electricity
long-lived infrastructure means—
(a)
pipelines that distribute or transmit natural or manufactured gas:
(b)
a network for the purpose of telecommunication as defined in section 5 of the Telecommunications Act 2001:
(c)
facilities for the generation of electricity:
(d)
any part of the electricity network:
(e)
structures, facilities, or infrastructure for transport by any means (for example, cycleways, walkways, roads, rail, bridges, or ports):
(f)
facilities for the loading or unloading of cargo or passengers transported by any means:
(g)
any infrastructure that regulations made under section 360 prescribe as long-lived infrastructure
national grid has the meaning given in section 5 of the Electricity Industry Act 2010
rule that controls fishing has the meaning given in section 2B
specified energy activity means—
(a)
the establishment, operation, maintenance, or upgrade of an activity that produces energy from solar, wind, geothermal, hydro, or biomass sources:
(b)
the establishment, operation, maintenance, or upgrade of any part of the electricity network:
(c)
the establishment, operation, maintenance, or upgrade of the storage or discharge of electricity:
(d)
the establishment, operation, maintenance, or upgrade of thermal electricity generation facilities:
(e)
a supporting and subsidiary activity in relation to an activity described in paragraphs (a) to (d)
Treaty settlement, in sections 86H, 88BA, and 123B, has the meaning given to it by section 4(1) of the Fast-track Approvals Act 2024
wood processing activity means the establishment, operation, or maintenance of a facility that—
(a)
specialises in the production of long-lived wood products, products derived from wood fibre, or wood-derived bioenergy, for example, the production of—
(i)
sawn timber:
(ii)
panel products (for example, veneer, plywood, laminated veneer, lumber, particle board, or fibreboard):
(iii)
pulp, paper, and paperboard:
(iv)
wood chips:
(v)
bioproducts, chemicals, and materials; or
(b)
provides for the storage of logs, processed wood products, or hazardous materials used in or produced by the operation of the facility
5 New section 2B inserted (Rules that control fishing)
After section 2A, insert:
2B Rules that control fishing
(1)
In this Act, unless the context otherwise requires, a rule that controls fishing—
(a)
means a rule that directly controls fishing, for example, a rule that controls—
(i)
the use of fishing gear or particular fishing methods; or
(ii)
the taking of fish, aquatic life, or seaweed; or
(iii)
areas where fishing may occur; but
(b)
does not include a rule that affects fishing indirectly, for example,—
(i)
a rule that restricts the release of noise, odours, or harmful substances; or
(ii)
a rule that relates to anchoring, navigation, or vessels.
(2)
In this section, fishing excludes any aquaculture activity.
Amendments to Part 4 of principal Act
6 Section 24A amended (Power of Minister for the Environment to investigate and make recommendations)
Repeal section 24A(e).
7 Section 25 amended (Residual powers of Minister for the Environment)
Before section 25(2)(a), insert:
(aaa)
the Minister has investigated the local authority under section 24A(a) or (c); and
(aab)
the Minister has made recommendations to the local authority under section 24A(b) or (d); and
8 Section 25A amended (Minister may direct preparation of plan, change, or variation)
(1)
In the heading to section 25A, after “plan,”
, insert “document,”
.
(2)
After section 25A(2), insert:
(3)
However, the Minister must not issue a direction under subsection (1) or (2) unless—
(a)
the Minister has investigated the local authority under section 24A(a) or (c) in relation to the resource management issue; and
(b)
the Minister has made recommendations to the local authority under section 24A(b) or (d) in relation to the resource management issue.
(4)
If a national policy statement requires a local authority to prepare a document other than a plan or policy statement and the authority has not prepared the document as required, the Minister—
(a)
may direct the authority to—
(i)
prepare the document; or
(ii)
amend the document to meet the requirements of the national policy statement; and
(b)
must, in giving a direction, specify a reasonable period within which the document must be prepared or amended.
(5)
The Minister—
(a)
may direct a local authority to—
(i)
prepare a plan change or variation to address any non-compliance with a national policy statement; and
(ii)
use a planning process under this Act to prepare the plan change or variation; and
(b)
must, in giving a direction, specify a reasonable period within which the plan change or variation must be notified.
(6)
However, the Minister must not make a direction under subsection (4) or (5) unless—
(a)
the Minister has investigated the local authority under section 24A(c) in relation to the non-compliance with the national policy statement; and
(b)
the Minister has made recommendations to the local authority under section 24A(d) in relation to that non-compliance.
9 Section 32 amended (Requirements for preparing and publishing evaluation reports)
(1)
After section 32(2), insert:
(2A)
A proposal that includes rules that control fishing in the coastal marine area must also include an assessment of the impact of the rules on fishing (within the meaning of section 2B). The assessment—
(a)
must examine whether, and the extent to which, the rules would—
(i)
affect the ability of local communities to take fish, aquatic life, or seaweed for non-commercial purposes; and
(ii)
affect the ability of persons with a commercial interest in a species or stock to take their annual catch entitlement within the quota management area for that species or stock and have an impact on quota owners for that species or stock within the quota management area; and
(iii)
affect the ability of persons with a fishing permit for non-quota management species or stock to exercise their right to take fisheries resources under the permit; and
(b)
must examine—
(i)
the location of the rules within the region; and
(ii)
the extent to which the rules will exclude fishing; and
(iii)
the extent to which fishing could be carried out in other areas; and
(iv)
the extent to which the rules will increase the cost of fishing; and
(v)
any other controls on fishing within the region or the relevant quota management area that are imposed under this Act, the Fisheries Act 1996, or other legislation; and
(vi)
the overall impact that those other controls and the rules will have on fishing; and
(c)
may examine any other relevant factor.
(2B)
The requirement in subsection (2A) for the assessment to examine the matters described in subsection (2A)(a) and (b) applies to the extent that information relating to those matters is reasonably available.
(2)
In section 32(6), insert in their appropriate alphabetical order:
annual catch entitlement, quota management area, and quota management system have the meanings given to them by section 2(1) of the Fisheries Act 1996
non-quota management species or stock means any species or stock that the Fisheries Act 1996 applies to and is not subject to the quota management system
10 Section 36 amended (Administrative charges)
(1)
After section 36(1)(c), insert:
(caaa)
charges payable by a person carrying out a permitted activity, for the carrying out by the local authority of monitoring the person’s compliance with any rule in a plan that relates to the permitted activity, but this paragraph does not apply to a rule in a plan that permits the same activity as is permitted in a national environmental standard:
(caab)
charges payable by a person who, in the opinion of an enforcement officer, has contravened this Act, a national environmental standard, a regulation, a rule in a plan, or a resource consent, for the carrying out by the local authority of any function necessary to determine whether the contravention has occurred:
(caac)
charges payable by a person who is the subject of an abatement notice or an enforcement order, for the carrying out by the local authority of its functions relating to issuing, administering, supervising, or monitoring compliance with the notice or order:
(2)
After section 36(1)(cb)(ii), insert:
(iia)
the review is carried out under section 128(1)(aa); or
(3)
After section 36(1)(cb)(iv), insert:
(v)
the review is carried out by a regional council under section 128(1) in accordance with a relevant national environmental standard or national planning standard; or
(vi)
the review is carried out under section 165ZZD:
(4)
In section 36(1)(cd), delete “certified”
.
(5)
After section 36(3), insert:
(3A)
However, subsection (3)(a) and (b) does not apply to the Minister of Conservation when exercising the responsibilities, duties, and powers conferred on the Minister by section 31A.
11 Section 37 amended (Power of waiver and extension of time limits)
After section 37(1A), insert:
(1B)
A consent authority must not extend, under subsection (1)(a), the time period for processing and deciding an application for a resource consent for a wood processing activity or specified energy activity (see section 88BA).
12 Section 38 amended (Authorisation and responsibilities of enforcement officers)
(1)
In section 38(1)(b), replace “of the new Ministry”
with “the Ministry for Primary Industries”
.
(2)
Repeal section 38(3) and (4).
Amendments to Part 5 of principal Act
13 Section 43A amended (Contents of national environmental standards)
After section 43A(6), insert:
(6A)
A national environmental standard may, in relation to an aquaculture activity,—
(a)
state that an application by a consent holder to change or cancel conditions must be treated as an application for a resource consent for a controlled or restricted discretionary activity; and
(b)
for that purpose, state the matters over which control is reserved or discretion is restricted.
(6B)
However, if a national environmental standard has the same effect as a rule that controls fishing in the coastal marine area, section 71(4)(a) to (c) applies to the standard as if each reference to a rule in that section were a reference to the standard.
14 Section 55 amended (Local authority recognition of national policy statements
In section 55(2A)(a) and (2C), replace “the process”
with “a process”
.
15 New section 58JA inserted (Certain obligations stopped until 31 December 2027)
After section 58J, insert:
58JA Certain obligations stopped until 31 December 2027
On and after the commencement of this section and until 31 December 2027, the following cease to apply:
(a)
the obligations described in section 58I(2), (4), (7), and (8); and
(b)
the time frames applying under section 58J.
16 Section 70 amended (Rules about discharges)
(1)
Replace section 70(1)(c) with:
(c)
the production of conspicuous oil or grease films, or scums or foams:
(2)
After section 70(2), insert:
(3)
Despite subsection (1), a regional council may include in a regional plan a rule that allows as a permitted activity a discharge described in subsection (1)(a) or (b) that may allow the effects described in subsection (1)(d), (f), or (g) if—
(a)
the council is satisfied that those effects are already in the receiving waters; and
(b)
the rule includes standards for the permitted activity; and
(c)
the council is satisfied that those standards, or those standards in combination with any other provisions in the plan, will contribute to a reduction of those effects over a period of time—
(i)
no greater than 10 years; and
(ii)
commencing on the date that the rule becomes operative.
17 New section 71 inserted (Requirements for rules that control fishing)
After section 70, insert:
71 Requirements for rules that control fishing
(1)
This section applies to rules that control fishing within the coastal marine area.
(2)
A regional council must not include a rule that controls fishing in a regional coastal plan unless—
(a)
the rule (a notified rule) is included in the proposed regional coastal plan when it is notified; or
(b)
the rule applies within an area to which a notified rule applies.
(3)
However, a regional council may, after a proposed regional coastal plan is notified, make minor adjustments to the boundaries of an area to which a rule that controls fishing applies.
(4)
If a regional council includes a rule that controls fishing in a regional coastal plan,—
(a)
the rule must not classify fishing as a controlled activity, a restricted discretionary activity, a discretionary activity, or a non-complying activity:
(b)
the rule may classify fishing as a prohibited activity in an area:
(c)
the rule may classify fishing as a permitted activity in an area only if it is an exception to a rule made under paragraph (b) that applies to the area.
(5)
See also clause 4B of Schedule 1, which—
(a)
requires a regional council that intends to propose a rule that controls fishing in a regional coastal plan to complete an assessment of the impact of the proposed rule in accordance with section 32(2A); and
(b)
restricts the notification of the proposed rule unless the Director-General of the Ministry for Primary Industries concurs with the rule.
(6)
This section applies despite section 77A.
18 New section 77GA inserted (Application of section 77G to Auckland Council and Christchurch City Council)
After section 77G, insert:
77GA Application of section 77G to Auckland Council and Christchurch City Council
(1)
The application of section 77G to Auckland Council is subject to clause 6 of Schedule 3C.
(2)
The application of section 77G to Christchurch City Council is subject to clause 13 of Schedule 3C.
19 Section 79 amended (Review of policy statements and plans)
After section 79(9), insert:
(10)
On and after the commencement of this subsection, subsections (1) and (4) cease to apply until 31 December 2027.
20 Section 80A amended (Freshwater planning process)
(1)
In section 80A(4)(b), delete “publicly notify the freshwater planning instrument by 31 December 2027 and”
.
(2)
Replace section 80A(4A)(b) with:
(b)
31 December 2027.
21 Section 80B amended (Purpose, scope, application of Schedule 1, and definitions)
(1)
In section 80B(2)(b), replace “but”
with “and”
.
(2)
After section 80B(2)(b), insert:
(ba)
clauses 16A and 16B apply, but only in relation to an Auckland housing planning instrument (see clause 10 of Schedule 3C); but
(3)
In section 80B(3), insert in their appropriate alphabetical order:
Auckland housing planning instrument has the meaning given in clause 1 of Schedule 3C
independent commissioner means a person who is accredited under section 39A
listed planning instrument means—
(a)
an Auckland housing planning instrument; or
(b)
a plan change that a local authority is required, by direction from the Minister under section 25A(5), to prepare using the streamlined planning process
SPP panel means an independent hearings panel of 1 or more independent commissioners established under clause 83 of Schedule 1
(4)
In section 80B(2)(b), after “13,”
, insert “17 to 20, and”
.
(5)
After section 80B(3), insert:
(4)
See also Part 1 of Schedule 3C, which provides a process for Auckland Council to prepare an Auckland housing planning instrument using the streamlined planning process.
22 Section 80C amended (Application to responsible Minister for direction)
(1)
In the heading to section 80C, after “direction”
, insert “relating to planning instrument”
.
(2)
In section 80C(2), after “not a”
, insert “listed planning instrument or”
.
(3)
After section 80C(2)(e), insert:
(ea)
the proposed planning instrument will remove or enable the removal of heritage protection (other than that provided by a heritage order) from buildings or structures that are listed in a heritage list in a plan:
(4)
In section 80C(2)(f), replace “(e)”
with “(ea)”
.
(5)
After section 80C(4), insert:
(5)
In this section and clause 78(3B) of Schedule 1,—
building has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014
heritage list means a schedule or other part of a plan that lists any buildings or structures that are subject to heritage protection under the plan.
23 New sections 80CA and 80CB inserted
After section 80C, insert:
80CA Notice to responsible Minister for direction relating to listed planning instrument
If a local authority is required by direction given under section 25A(5) to prepare a listed planning instrument, it must notify the responsible Minister in accordance with clause 75A of Schedule 1 for a direction to use the streamlined planning process to prepare the instrument.
80CB Local authority may apply to use same streamlined planning process to progress matters in different instruments
A local authority that notifies the responsible Minister for a direction to prepare a listed planning instrument using the streamlined planning process (under section 80CA or clause 5(1) of Schedule 3C) may also apply to the Minister (under section 80C) for a direction to prepare another planning instrument using that same streamlined planning process.
24 New section 80DA inserted (Process for Auckland Council and Christchurch City Council to withdraw IPIs)
After section 80D, insert:
80DA Process for Auckland Council and Christchurch City Council to withdraw IPIs
(1)
Part 1 of Schedule 3C sets out a process by which Auckland Council may withdraw its IPI.
(2)
Part 2 of Schedule 3C sets out a process for the responsible Minister to approve the withdrawal of Christchurch City Council’s IPI.
25 Section 80G amended (Limitations on IPIs and ISPP)
In section 80G(1)(c), after “IPI”
, insert “other than in accordance with clause 2 or 12 of Schedule 3C”
.
26 New subpart 5B of Part 5 inserted
After section 80N, insert:
Subpart 5B—Planning processes stopped until 31 December 2027
80O Interpretation
In this subpart,—
draft planning instrument means a proposed planning instrument before it is notified
exemption means an exemption from the requirements set out in—
(a)
section 80P (notification stopped until 31 December 2027); and
(b)
section 80Q (when proposed planning document must be withdrawn)
proposed planning instrument—
(a)
means—
(i)
a proposed policy statement as defined in section 43AA, a change to a policy statement, or a variation to either of those instruments:
(ii)
a proposed plan as defined in section 43AAC(1); but
(b)
does not include a proposed planning instrument—
(i)
that has been heard, in whole or in part, before this subpart commences; or
(ii)
for which a hearing has been set down to begin within 5 working days after this subpart commences.
Prohibition on notifying proposed planning instruments
80P Notification stopped until 31 December 2027
(1)
Despite anything to the contrary in this Act, on and after the commencement of this subpart, and until 31 December 2027, a local authority must not notify a draft planning instrument.
(2)
Subsection (1) does not apply if—
(a)
an exemption applies under section 80U; or
(b)
the Minister grants an exemption under section 80V.
Withdrawal of proposed planning instruments
80Q When proposed planning instruments must be withdrawn
(1)
A local authority must withdraw a proposed planning instrument as soon as possible after this subpart commences, but not later than 90 working days after the commencement of this subpart, unless—
(a)
an exemption applies under section 80U; or
(b)
the local authority has applied for an exemption under section 80V; or
(c)
the Minister directs against a withdrawal under section 80T.
(2)
If the local authority has applied for an exemption under section 80V, but has not received notice of the Minister’s decision, the local authority need not withdraw the proposed planning instrument until a decision to decline the application is received from the Minister.
(3)
To avoid doubt, if an exemption applies only to part of a proposed planning instrument, the remaining parts of that instrument must be withdrawn in accordance with subsection (1).
80R Public notice of withdrawal
A local authority must give public notice that a proposed planning instrument has been withdrawn under section 80Q and of the date of that withdrawal.
80S When hearing must be cancelled
If a date later than 5 working days after the commencement of this subpart has been set to begin hearing a proposed planning instrument, the hearing must be cancelled unless—
(a)
an exemption applies under section 80U; or
(b)
the local authority has applied for, and the Minister has granted, an exemption under section 80V; or
(c)
the Minister directs against a withdrawal under section 80T.
80T When Minister may intervene to direct against withdrawal
(1)
Subsection (2) applies if the Minister considers that completing the process for a proposed planning instrument would assist in giving effect to any rights and obligations arising under—
(a)
a Treaty of Waitangi settlement Act or deed of settlement:
(b)
the Marine and Coastal Area (Takutai Moana) Act 2011:
(c)
the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019.
(2)
The Minister may, before a local authority withdraws all or part of a proposed planning instrument under section 80Q, direct the local authority in writing not to withdraw the proposed planning instrument.
Exemptions
80U Automatic exemptions
(1)
On and after the commencement of this subpart and until 31 December 2027, the draft planning instruments and proposed planning instruments referred to in subsection (2) are exempt from—
(a)
the prohibition against notification (see section 80P):
(b)
the requirement to withdraw the instrument (see section 80Q).
(2)
Subsection (1) applies to the following:
(a)
a proposed planning instrument or a draft planning instrument, including a listed planning instrument as defined in section 80B, using the streamlined planning process (see Part 5 of Schedule 1):
(b)
a proposed planning instrument or draft planning instrument using the intensification streamlined planning process (see Part 6 of Schedule 1):
(c)
a draft planning instrument that implements the requirements of a national policy statement published after this subpart commences, if the national policy statement requires that it be implemented—
(i)
before 31 December 2027; and
(ii)
wholly or in part by a draft planning instrument:
(d)
a proposed planning instrument or draft planning instrument using the freshwater planning process to give effect to the National Policy Statement for Freshwater Management 2020 (see section 80A, Part 4 of Schedule 1, and clause 42 of Schedule 12):
(e)
a proposed planning instrument or draft planning instrument—
(i)
as directed by the Minister under section 25A or 25B; or
(ii)
that is called in by the Minister under Part 6AA as a proposal of national significance:
(f)
a proposed planning instrument or draft planning instrument that relates to natural hazards:
(g)
a proposed planning instrument or draft planning instrument used by the Minister of Conservation to change or vary the regional coastal plan for the Kermadec and Subantarctic Islands:
(h)
a proposed planning instrument or draft planning instrument that gives effect to any obligation in or under—
(i)
a Treaty of Waitangi settlement Act or deed of settlement:
(ii)
the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019:
(iii)
the Marine and Coastal Area (Takutai Moana) Act 2011.
(3)
A plan change requested under clause 21 of Schedule 1 is not a proposed planning instrument subject to withdrawal under section 80Q(1), unless the request has been adopted by the local authority and notified.
(4)
To avoid doubt, sections 80P and 80Q apply to a draft planning instrument or a proposed planning instrument using the freshwater planning process under section 80A and Part 4 of Schedule 1 if that instrument is not implementing the national policy statement for freshwater management under section 80A(6B)(b) or (c).
80V Application by local authority for exemption
(1)
A local authority may apply in writing to the Minister for an exemption from—
(a)
the prohibition against notifying a draft planning instrument (see section 80P); or
(b)
the requirement to withdraw a proposed planning instrument (see section 80Q).
(2)
An application under this section must—
(a)
provide information in sufficient detail to enable the Minister to assess whether and how the application meets the criteria set out in section 80W; and
(b)
if relevant, state any other reason why the local authority considers it is appropriate that the work be progressed.
(3)
The local authority must also provide, with its application,—
(a)
an up-to-date copy of the proposed planning instrument (or a link to an Internet site containing the instrument); or
(b)
if the local authority is seeking to publicly notify a draft planning instrument, a detailed summary of the draft planning instrument.
(4)
If the application relates to parts only of a proposed planning instrument or draft planning instrument, the application must clearly identify the parts of the instrument for which exemption is applied.
(5)
The Minister may request further information from the local authority or changes to the application, and the local authority may amend or replace the application.
(6)
If the Minister is satisfied that a proposed planning instrument or draft planning instrument, or a relevant part of it, meets the criteria set out in section 80W, the Minister may grant the local authority an exemption, but if the Minister is not satisfied, they may decline the application as a whole or in part.
(7)
The Minister must provide the decision in writing to the local authority, specifying any parts of the application that are granted and any that are declined, with reasons for their decision.
80W Criteria for Minister’s consideration
(1)
In determining an application for an exemption made under section 80V, the Minister must be satisfied that granting an exemption would meet 1 or more of the criteria set out in subsection (2), to the extent that the criteria are relevant in the circumstances.
(2)
The criteria are that an exemption would—
(a)
better enable the local authority to provide, operate, or maintain municipal drinking water, stormwater, or wastewater in accordance with the Water Services Act 2021:
(b)
rectify any provisions in a plan or policy statement that have had unintended consequences, are unworkable, or have led to inefficient outcomes:
(c)
respond to changes made to this Act:
(d)
better enable climate change to be managed:
(e)
support the transition of high risk land so as to better manage the risk of erosion:
(f)
better enable any relevant Treaty of Waitangi settlement Act or deed of settlement, and the Crown’s obligations under that settlement, to be upheld:
(g)
enable a response to be made to a recommendation from the Environment Court:
(h)
enable work to be progressed that, for any other reason, the Minister considers appropriate.
80X Obligation on local authority arising from Minister’s decision
(1)
If the Minister declines an application for an exemption under section 80V, the local authority must, within 10 working days after receiving the Minister’s decision, withdraw the proposed planning instrument and comply with section 80R (public notice of withdrawal).
(2)
If the Minister grants the application in part and declines it in part, the local authority must, within 10 working days after receiving the Minister’s decision, withdraw those parts of the proposed planning instrument for which an exemption is declined and comply with section 80R.
80Y Duty on local authorities to give public notice
(1)
A local authority must, not later than 90 working days after the commencement of this subpart, give public notice of the status of any proposed planning instrument.
(2)
The notice must specify the following matters:
(a)
the whole or the part of a proposed planning instrument that has been withdrawn and the date of its withdrawal:
(b)
any proposed planning instrument that, wholly or in part, will continue under an automatic exemption:
(c)
any proposed planning instrument for which an exemption has been applied under section 80V, and the result of the application, if known:
(d)
any direction given by the Minister under section 80T:
(e)
any proposed planning instrument for which the process will continue as a result of the Minister granting an exemption under section 80V.
27 New section 85AAA inserted (Removal of heritage protection for Gordon Wilson Flats and related matters)
After section 85, insert:
85AAA Removal of heritage protection for Gordon Wilson Flats and related matters
(1)
A proposed or operative Wellington City district plan must not include a rule providing heritage protection to Gordon Wilson Flats.
(2)
A proposed or operative Wellington City district plan must not include a heritage order in respect of Gordon Wilson Flats.
(3)
Section 194 does not apply in relation to any notice of requirement for a heritage order given or issued in respect of Gordon Wilson Flats.
(4)
The demolition or removal of Gordon Wilson Flats is a permitted activity.
(5)
An activity that supports or is otherwise ancillary to the demolition or removal of Gordon Wilson Flats—
(a)
is a permitted activity; and
(b)
ceases to be a permitted activity under paragraph (a) on the completion of the demolition or removal.
(6)
This section applies despite any other provision in this Act.
(7)
In this section, Gordon Wilson Flats means the building known as Gordon Wilson Flats at 320 The Terrace, Wellington (Wellington Land District Lot 1, Deposited Plan 363050).
28 Section 86B amended (When rules in proposed plans have legal effect)
(1)
After section 86B(3)(e), insert:
(f)
relates to natural hazards.
(2)
After section 86B(4), insert:
(4A)
However, a rule described in subsection (3)(a), (b), or (c) does not have immediate legal effect if, and to the extent that, it is a rule that controls fishing in a coastal marine area.
29 Section 86D amended (Environment Court may order rule to have legal effect from date other than standard date)
In section 86D(1)(b), replace “86B(3)(a) to (e)”
with “86B(3)(a) to (f)”
.
30 New section 86H inserted (Rules that control fishing do not apply to Māori customary non-commercial fishing rights in specified legislation)
After section 86G, insert:
86H Rules that control fishing do not apply to Māori customary non-commercial fishing rights in specified legislation
(1)
A rule that controls fishing does not apply to customary non-commercial fishing provided for in—
(a)
regulations made under any of sections 186, 297, and 298 of the Fisheries Act 1996 for the purpose of giving effect to section 10 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992; or
(b)
regulations made under an Act that requires regulations to be made or to be treated as made under the Fisheries Act 1996 for the purpose of giving effect to section 10 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992; or
(c)
the Te Arawa Lakes (Fisheries) Regulations 2006; or
(d)
regulations made under an Act for the purpose of giving effect to a Treaty settlement between the Crown and tangata whenua in respect of their customary non-commercial fishing rights.
(2)
In this section, a rule that controls fishing means—
(a)
a rule that controls fishing within the meaning of section 2B; or
(b)
a national environmental standard that classifies fishing as a prohibited or permitted activity.
Amendments to Part 6 of principal Act
31 Section 87A amended (Classes of activities)
In section 87A(2)(a)(i), after “106”
, insert “or 106A”
.
32 Section 88 amended (Making an application)
After section 88(2), insert:
(2AA)
An applicant must ensure that information required by subsection (2)(b) is provided at a level of detail that is proportionate to the scale and significance of the effects that the activity may have on the environment.
(2AB)
A consent authority may accept an application that does not fully comply with subsection (2)(b) if the authority is satisfied that the information provided by the applicant is proportionate to the scale and significance of the effects that the activity may have on the environment.
33 New section 88BA inserted (Certain consents must be processed and decided no later than 1 year after lodgement)
After section 88B, insert:
88BA Certain consents must be processed and decided no later than 1 year after lodgement
(1)
The time period within which a consent authority must process and decide an application for a resource consent for a specified energy activity or wood processing activity (the time period) is 1 year after the date the application is lodged.
(2)
An extension of the time period for a further period not exceeding 1 year—
(a)
must be granted by the consent authority if—
(i)
the extension is requested by the applicant; or
(ii)
the application is for the establishment of a hydro-electricity activity or geothermal activity and the extension is requested under subsection (4); and
(b)
may be granted by the consent authority no more than once in relation to any other activity if the extension is requested under subsection (4).
(3)
When deciding a request for an extension to which subsection (2)(b) applies, the consent authority must—
(a)
consider all requests of that kind received before the expiry of the time period; and
(b)
if the time period has been extended under subsection (2)(a), consider all requests for extension from the applicant received before the expiry of the extended time period.
(4)
The following groups may request an extension of the time period for the purpose of recognising or providing for a Treaty settlement or other arrangement:
(a)
iwi authorities:
(b)
post-settlement governance entities:
(c)
ngā hapū o Ngāti Porou as defined in section 10 of the Ngā Rohe Moana o Ngā Hāpu o Ngāti Porou Act 2019:
(d)
iwi or hapū who are party to a Mana Whakahono a Rohe or joint management agreement that applies in the region:
(e)
customary marine title groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011):
(f)
protected customary rights groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011):
(g)
applicant groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011).
(5)
A request for extension must be made to the consent authority before the expiry of the time period or extended time period and may be made more than once.
(6)
If the time period is extended, the total time within which a consenting authority must process and decide an application under this section must not exceed 2 years after the date the application is lodged.
(7)
The processing and deciding of an application must be paused by the consent authority at the applicant’s request.
(8)
The time during which processing and deciding of an application is paused under subsection (7) does not count towards the time period or extended time period.
(9)
This section applies despite sections 88B, 88C, and 88E to 88I.
34 Section 92 amended (Further information, or agreement, may be requested)
After section 92(2A), insert:
(2B)
Before requesting further information, a consent authority must consider whether—
(a)
it needs the information for the purpose of section 104; and
(b)
any information that it seeks is proportionate to the scale and significance of the effects that the activity may have on the environment.
35 Section 92A amended (Responses to request)
In section 92A(3), replace “must”
with “may”
.
36 New section 92AA inserted (Consequences of applicant’s failure to respond to requests, etc)
After section 92A, insert:
92AA Consequences of applicant’s failure to respond to requests, etc
(1)
A consent authority may determine an application for a resource consent is incomplete if—
(a)
the applicant was required to provide one of the following responses:
(i)
to provide further information in response to a request under section 92(1)—
(A)
within 15 working days under section 92A(1)(a); or
(B)
within the time set by the consent authority under section 92A(2); or
(ii)
to tell the consent authority in a written notice whether the applicant agrees to the commissioning of a report within 15 working days under section 92B(1) (after receiving notification under section 92(2)(b)); or
(iii)
to pay an additional charge to the consent authority required under section 36(5) and specified in a written notice by an agreed date; or
(iv)
to give the consent authority written approval for a proposed activity under section 95E(3)(a) by an agreed date; and
(b)
3 months after the expiry of the applicable time frame specified in paragraph (a), the applicant has not provided the required response; and
(c)
the consent authority has notified the applicant, by a method specified in section 352(1), of its intention to return the application.
(2)
After determining an application as incomplete under this section, the consent authority may return the application to the applicant with written reasons for the determination.
(3)
If, after an application has been returned as incomplete under this section, that application is lodged again with the consent authority, that application is to be treated as a new application.
(4)
In this section, agreed date means a date agreed between the applicant and the consent authority.
37 Section 92B amended (Responses to notification)
In section 92B(2), replace “must”
with “may”
.
38 Section 104 amended (Consideration of applications)
(1)
After section 104(2E), insert:
(2EA)
When considering a resource consent application, a consent authority may have regard to any previous or current abatement notices, enforcement orders, infringement notices, or convictions under this Act received by the applicant, if the applicant is not a natural person or, if the applicant is a natural person, received by the applicant within the previous 7 years.
(2)
After section 104(6), insert:
(6A)
A consent authority may decline an application for a resource consent if the applicant has a record of significant non-compliance with a requirement of this Act—
(a)
that is ongoing or repeated; and
(b)
that, if the applicant is not a natural person, has been or is the subject of an enforcement order or a conviction under this Act or, if the applicant is a natural person, has been or is the subject of an enforcement order or a conviction under this Act within the previous 7 years.
39 Section 106 amended (Consent authority may refuse subdivision consent in certain circumstances)
Replace section 106(1A) with:
(1A)
For the purpose of subsection (1)(a), an assessment of the risk from natural hazards requires a combined assessment of all of the following taken together:
(a)
the likelihood of natural hazards occurring (whether individually or in combination):
(b)
the material damage to land in respect of which the consent is sought, other land, or structures that would result from natural hazards:
(c)
any likely subsequent use of the land in respect of which the consent is sought that would accelerate, worsen, or result in material damage of the kind referred to in paragraph (b).
40 New section 106A inserted (Consent authority may refuse land use consent in certain circumstances)
After section 106, insert:
106A Consent authority may refuse land use consent in certain circumstances
(1)
A consent authority may refuse to grant a land use consent, or may grant the consent subject to conditions, if it considers that there is a significant risk from natural hazards.
(2)
For the purposes of subsection (1), an assessment of the risk from natural hazards requires a combined assessment of all of the following taken together:
(a)
the likelihood of natural hazards occurring (whether individually or in combination):
(b)
the material damage to land in respect of which the consent is sought, other land, or structures that would result from natural hazards:
(c)
whether the proposed use of the land would accelerate, worsen, or result in material damage of the kind referred to in paragraph (b):
(d)
whether the proposed use of the land would result in adverse effects on the health or safety of people.
(3)
Conditions imposed under subsection (1) must be—
(a)
for the purposes of avoiding or mitigating the effects referred to in subsection (1); and
(b)
of a type that could be imposed under section 108.
(4)
This section does not apply to land use consents if the use of the land for which the consent is sought is—
(a)
construction, upgrade, maintenance, or operation of infrastructure; or
(b)
primary production activities, as described in the national planning standards.
41 New section 107G inserted (Review of draft conditions of consent)
After section 107F, insert:
107G Review of draft conditions of consent
(1)
An applicant for a resource consent—
(a)
may request the consent authority to provide them with any draft conditions of the resource consent; and
(b)
must make the request before whichever of the following the consent authority does first:
(i)
the authority issues its decision on the application; or
(ii)
the authority provides a report under section 42A in accordance with section 42A(3); but
(c)
may make the request only once.
(2)
If a request is made, a consent authority—
(a)
must provide the draft conditions to the applicant and, if the application was notified, to submitters; and
(b)
may suspend the time frame that applies to the processing of the application to allow the applicant and any submitters to consider the draft conditions.
(3)
Subsection (2)(b)—
(a)
does not prevent a consent authority from continuing to process the application while the time frame is suspended; and
(b)
may be applied only once during an application process.
(4)
An applicant and any submitters must provide their comments on the draft conditions to the consent authority within a reasonable time specified by the consent authority.
(5)
A consent authority may take those comments into account only to the extent they cover technical or minor matters.
(6)
A consent authority may provide draft conditions to the persons specified in subsection (2)(a)—
(a)
more than once; and
(b)
whether or not the applicant requests the draft conditions under subsection (1); and
(c)
whether or not the time frame that applies to the processing of the application is suspended under subsection (2)(b).
42 Section 108 amended (Conditions of resource consents)
After section 108(2)(d), insert:
(da)
a condition to mitigate any risk that the resource consent may not be complied with having regard to any previous non-compliance by the applicant that is the subject of an abatement order, enforcement order, infringement notice, or conviction under this Act referred to in section 104(2EA):
43 Section 108AA amended (Requirements for conditions of resource consents)
In section 108AA(3), after “circumstances),”
, insert “106A (consent authority may refuse land use consent in certain circumstances),”
.
44 Section 123 amended (Duration of consent)
In section 123, replace “section 123A or 125”
with “section 123A, 123B, 125, or 127B”
.
45 New section 123B inserted (Duration of consent for renewable energy and long-lived infrastructure)
After section 123A, insert:
123B Duration of consent for renewable energy and long-lived infrastructure
(1)
A resource consent authorising a renewable energy or long-lived infrastructure activity must specify the period for which it is granted.
(2)
The period specified under subsection (1) is 35 years after the date of commencement of the consent under section 116A unless—
(a)
the applicant requests a shorter period; or
(b)
a national environmental standard, a national policy statement, or a national planning standard expressly allows a shorter period; or
(c)
the consent authority decides to specify a shorter period after considering a request from a relevant group for a shorter period for the purpose of managing any adverse effects on the environment.
(3)
In making a decision under subsection (2)(c), the consent authority must consider—
(a)
the need to provide for adequate management of any adverse effects on the environment; and
(b)
the benefits of providing certainty of long-term consent duration.
(4)
This section applies subject to section 125.
(5)
To avoid doubt, this section does not apply to a land use consent under section 9.
(6)
In this section, relevant group means a group who may be or is required to be involved in processes under this Act that relate to planning documents or resource consents by virtue of any Treaty settlement, the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, or the Marine and Coastal Area (Takutai Moana) Act 2011.
46 Section 125 amended (Lapsing of consents)
(1)
In section 125(1)(a), after “area”
, insert “or does not authorise a renewable energy activity”
.
(2)
After section 125(1)(b), insert:
(c)
10 years after the date of commencement if the consent authorises a renewable energy activity.
(3)
After section 125(1A)(b), insert:
(c)
in the case of a consent authorising a renewable energy activity, the consent authority decides at the consent holder’s request to shorten the period after which the consent lapses under subsection (1)(c).
47 Section 127 amended (Change or cancellation of consent condition on application by consent holder)
(1)
In section 127(3)(a), after “activity”
, insert “(but see subsection (3B))”
.
(2)
After section 127(3A), insert:
(3B)
Subsection (3)(a) does not apply if—
(a)
the application relates to an aquaculture activity; and
(b)
a provision in a national environmental standard—
(i)
applies to applications of that kind; and
(ii)
states that an application by a consent holder to change or cancel consent conditions must be treated as an application for a resource consent for a controlled or restricted discretionary activity.
48 New sections 127A to 127C inserted
After section 127, insert:
127A Interpretation of sections 127B and 127C
In sections 127B and 127C,—
commencement date means the day after Royal assent of the Resource Management (Consenting and Other System Changes) Amendment Act 2025
Regional Plan: Water for Otago or plan means the plan of that name dated 3 September 2022.
127B Duration of new water permits under Regional Plan: Water for Otago must not exceed 6 years
(1)
The duration of a water permit authorising the taking or use of water granted on and after the commencement date under the Regional Plan: Water for Otago must not exceed 6 years.
(2)
If the water permit replaces a deemed permit or water permit, this section applies regardless of the expiry date of the permit being replaced.
(3)
However, this section does not apply if—
(a)
the water permit replaces a deemed permit associated with hydro-electricity generation infrastructure listed in Schedule 10A.5.1 of the plan on the terms specified in Rule 10A.3.1B of the plan; and
(b)
the applicant takes practicable steps to remedy or mitigate any adverse effects on the environment arising from the activity.
(4)
This section overrides any provision in the plan that applies to the duration of a water permit authorising the taking or use of water.
(5)
In this section, deemed permit means a mining privilege that is a deemed permit under section 413.
127C Extension of certain existing water permits under Regional Plan: Water for Otago
(1)
The expiry date of a water permit authorising the taking or use of water granted under the Regional Plan: Water for Otago is extended by a period of 5 years after the date on which the permit would otherwise expire if—
(a)
the permit was granted—
(i)
on or after 18 March 2020; and
(ii)
for a duration of no more than 6 years; and
(b)
the permit is valid on the commencement date.
(2)
A water permit is valid on the commencement date if, on the commencement date, the permit—
(a)
has not expired, or has expired but the holder is continuing to operate under the permit under section 124; and
(b)
has not lapsed under section 125; and
(c)
has not been cancelled under section 126; and
(d)
has not been surrendered under section 138.
(3)
The conditions applying to each water permit that is extended under this section continue to apply, unless a change to a condition is required as a consequence of extending the duration of the permit.
(4)
Otago Regional Council must, within 2 years after the commencement date, update each water permit extended under this section to reflect the new expiry date for the permit.
49 Section 128 amended (Circumstances when consent conditions can be reviewed)
(1)
After section 128(1)(a), insert:
(aa)
if the consent authority determines that the holder of the consent has contravened a condition of the consent; or
(2)
After section 128(3), insert:
(4)
Section 165ZFHHA applies to any notice of review under subsection (1) of the conditions of a coastal permit that is extended by section 165ZFHC.
Amendment to Part 6AA of principal Act
50 Section 149N amended (Process if section 149M applies or proposed plan or change not yet prepared)
After section 149N(8)(a)(iv), insert:
(v)
relates to natural hazards:
Amendments to Part 7A of principal Act
51 New subpart 1AB of Part 7A inserted
After section 165ZFHH, insert:
Subpart 1AB—Restrictions on section 128 reviews of conditions of extended coastal permits
165ZFHHA Restrictions on section 128 review of conditions of extended coastal permits
(1)
This section applies until 3 September 2030 to a coastal permit that is extended by section 165ZFHC.
(2)
A consent authority must not give notice under section 128(1) of its intention to review the conditions of the permit unless—
(a)
the notice is given under section 128(1)(ba); or
(b)
the following criteria are met:
(i)
the permit expressly allows for a review of the conditions for the purpose of an adaptive management approach; and
(ii)
the review is to be carried out for that purpose only; and
(iii)
the review is to be carried out at a time specified in the permit for that purpose.
(3)
In subsection (2), an adaptive management approach—
(a)
means a systematic and iterative process of decision making that aims to reduce and manage uncertainty about the environmental effects of an activity over time through—
(i)
monitoring the activity and its effects; and
(ii)
making changes to management in response to the results of that monitoring; and
(b)
can include management by a staged development programme, each stage proceeding only when the monitoring of the biological or physical effects of the previous stage demonstrates that the adverse effects—
(i)
are within limits prescribed in the provisions of the relevant coastal permit; and
(ii)
are reversible.
(4)
To avoid doubt, this section does not affect a review of conditions required under section 128(2).
52 Section 165ZFHI amended (Power to undertake review)
(1)
Replace section 165ZFHI(2)(a) with:
(a)
section 127, which provides for the holder of a coastal permit to apply to change or cancel any condition of a coastal permit; and
(aa)
section 128, which—
(i)
provides for the consent authority to review the conditions of a coastal permit; but
(ii)
until 3 September 2030, is subject to the restrictions in section 165ZFHHA; and
(ab)
section 129, which sets out requirements for notices of reviews under section 128; and
(2)
In section 165ZFHI(3)(a), replace “2”
with “6”
.
53 New subpart 5 of Part 7A inserted
After section 165ZZA, insert:
Subpart 5—Duration and review of section 384A coastal permits
165ZZB Interpretation
In this subpart, unless the context otherwise requires,—
holder means a port company that holds a section 384A coastal permit
port company and port related commercial undertaking have the same meanings as in section 2(1) of the Port Companies Act 1988
section 384A coastal permit and permit means a coastal permit that—
(a)
authorises a port company to occupy an area specified in the permit to manage and operate the port related commercial undertakings acquired under the Port Companies Act 1988; and
(b)
was approved before the commencement of this subpart by the Minister of Transport under section 384A as a coastal permit; and
(c)
is in force and has not been surrendered.
Duration of section 384A coastal permits extended
165ZZC Extension of expiry date of section 384A coastal permit
(1)
The expiry date of each section 384A coastal permit is extended to 30 September 2046.
(2)
The conditions (if any) applying to a section 384A coastal permit that is extended under this section continue to apply, unless the conditions are modified as a result of a review of the permit undertaken by a consent authority under this subpart.
Review of section 384A coastal permits
165ZZD Requirement to undertake review
(1)
Each consent authority in whose area of jurisdiction a port company holds a section 384A coastal permit must undertake a review of the permit in accordance with this subpart (see section 165ZZF).
(2)
This section is in addition to—
(a)
sections 127 to 129, which provide for—
(i)
a consent authority to review the conditions of a coastal permit; and
(ii)
the holder of a coastal permit to apply to the relevant consent authority to change or cancel any condition of a coastal permit; and
(b)
section 133, which preserves the power of the Environment Court under Part 12 to change or cancel a coastal permit by an enforcement order.
165ZZE Purpose and scope of review
(1)
The purpose of a consent authority’s review of a section 384A coastal permit is to identify—
(a)
any adverse environmental effects of the occupation of the coastal marine area authorised by the permit; and
(b)
whether conditions need to be imposed or amended to avoid, remedy, or mitigate those effects.
(2)
A consent authority may identify and provide, as the consent authority considers necessary for the purpose of the review, for—
(a)
new conditions to be included in a section 384A coastal permit; and
(b)
existing conditions to be modified.
(3)
However, a consent authority—
(a)
must not, in relation to a section 384A coastal permit, provide for the inclusion of a new condition or modification of an existing condition that—
(i)
would change the size of the permit area or its location; or
(ii)
would prevent the holder from occupying the permit area to manage and operate port related commercial undertakings; but
(b)
may, if the holder agrees, provide for the inclusion of a new condition or modification of an existing condition that—
(i)
permits activities to be undertaken in any specified part of the permit area; or
(ii)
prohibits activities from being undertaken in any specified part of the permit area.
(4)
Sections 108 and 108AA apply, subject to this section, to a review of a section 384A coastal permit.
Notice and other procedural requirements
165ZZF Notice and other requirements relevant to review
(1)
Not later than 30 September 2027, each consent authority in whose area of jurisdiction a port company holds a section 384A coastal permit must initiate a review of the permit by serving a limited notice of the review on the parties described in section 165ZZG.
(2)
Each party who is served notice is entitled to make a written submission on the review, including proposing new or modified conditions for the permit (see section 165ZZH).
(3)
A review must be undertaken in a way that—
(a)
does not prevent a holder from managing and operating port related commercial undertakings; and
(b)
is efficient and causes as little disruption as possible to the management and operation of those port related commercial undertakings.
(4)
A consent authority must not—
(a)
give public notice that a review is being initiated (but must give limited notice); or
(b)
hold a hearing on the submissions received.
(5)
A review required by this subpart must be completed, and a decision issued, not later than 2 years after the date on which the consent authority initiates the review.
165ZZG Parties that must be given limited notice
The limited notice required by section 165ZZF(1) must be served on—
(a)
each of the following, to the extent that their area of interest overlaps with, or is within, the area of the relevant section 384A coastal permit:
(i)
iwi authorities:
(ii)
post-settlement governance entities:
(iii)
ngā hapū o Ngāti Porou, as defined in the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019:
(iv)
iwi and hapū that are party to a Mana Whakahono ā Rohe that applies in the whole or a part of the area of the section 384A coastal permit:
(v)
customary marine title groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011)—
(A)
who hold customary marine title under that Act in the whole or a part of an area to which the section 384A coastal permit relates; or
(B)
who have applied under that Act for customary marine title but whose applications have not yet been determined:
(vi)
iwi or hapū that are party to a joint management agreement; and
(b)
the Director-General of Conservation; and
(c)
the holder.
165ZZH Submissions on review
If the parties listed in section 165ZZG decide to make a submission, they must lodge their written submissions with the consent authority not later than 20 working days after receiving the notice served under section 165ZZF.
165ZZI Decision on review
A consent authority’s decisions on its review of a section 384A coastal permit must—
(a)
take into account all submissions received under section 165ZZH; and
(b)
be consistent with the purpose of this Act.
Rights of appeal
165ZZJ Appeal rights
(1)
The following persons or groups may appeal to the Environment Court against the whole or a part of a decision made by the consent authority on its review of a section 384A coastal permit:
(a)
the holder of the section 384A coastal permit; and
(b)
any person or group notified of the review under section 165ZZF and who made a submission under section 165ZZH.
(2)
Section 121 applies to an appeal made under this section.
165ZZK Final right of appeal
(1)
There is a final right of appeal to the High Court on a question of law against a decision of the Environment Court under section 165ZZJ.
(2)
Sections 299 to 304 apply to any appeal under this section.
Amendments to Part 8 of principal Act
54 Section 166 amended (Definitions)
In section 166, definition of network utility operator, after paragraph (ha), insert:
(hb)
operates—
(i)
an inland port (not contiguous with the coastal marine area) associated with a coastal port operated under the Port Companies Act 1988; or
(ii)
the landward operations of a seaward port operated under the Port Companies Act 1988; or
(iii)
Northport Limited, or an inland port associated with Northport Limited; or
55 Section 168 amended (Notice of requirement to territorial authority)
After section 168(3), insert:
(3A)
A notice given under subsections (1) to (3) must include an assessment of any effects that the project or work will have on the environment.
(3B)
The assessment of the effects of the project or work on the environment must—
(a)
have particular regard to any relevant provisions of—
(i)
a national policy statement:
(ii)
a New Zealand coastal policy statement:
(iii)
a regional policy statement or proposed regional policy statement:
(iv)
a plan or proposed plan:
(b)
if the requiring authority does not have an interest in the land sufficient for undertaking the work,—
(i)
give adequate consideration to any alternative sites, routes, or methods of undertaking the work; and
(ii)
explain how the work and designation are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought:
(c)
if the requiring authority has an interest in the land sufficient for undertaking the work, and the work is likely to result in any significant adverse effect on the environment, describe possible alternative locations or methods for undertaking the activity.
(3C)
The information required to be provided in the assessment need only be at a level of detail that is proportionate to the nature and significance of any effects of the project or work.
56 Section 168A amended (Notice of requirement by territorial authority)
Replace section 168A(3)(b) and (c) with:
(b)
if the requiring authority does not have an interest in the land sufficient for undertaking the work,—
(i)
whether adequate consideration has been given to any alternative sites, routes, or methods of undertaking the work; and
(ii)
whether the work and designation are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought; and
57 Section 171 amended (Recommendation by territorial authority)
Replace section 171(1)(b) and (c) with:
(b)
if the requiring authority does not have an interest in the land sufficient for undertaking the work,—
(i)
whether adequate consideration has been given to any alternative sites, routes, or methods of undertaking the work; and
(ii)
whether the work and designation are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought; and
58 Section 184 amended (Lapsing of designations which have not been given effect to)
In section 184(1), replace “5 years”
with “10 years”
.
59 Section 184A amended (Lapsing of designations of territorial authority in its own district)
In section 184A(2), replace “5 years”
with “10 years”
.
Amendments to Part 9A of principal Act
60 Section 217A amended (Purpose)
In section 217A, delete “certified”
.
61 Section 217B amended (Interpretation)
In section 217B, insert in their appropriate alphabetical order:
approved industry organisation means an industry organisation approved under section 217KA
freshwater farm plan means a freshwater farm plan required under section 217D
62 Section 217D amended (Farm must have certified freshwater farm plan if it meets land use threshold)
(1)
In the heading to section 217D, delete “certified”
.
(2)
Replace section 217D(1) with:
(1)
A farm must have a freshwater farm plan if—
(a)
50 or more hectares of the farm is pastoral, arable, or mixed land use; or
(b)
50 or more hectares of the farm is viticultural or orcharding land use; or
(c)
5 or more hectares of the farm is horticultural land use other than viticultural or orcharding land use; or
(d)
a prescribed area of the farm is other agricultural land use prescribed in regulations made under section 217M(1)(b); or
(e)
the farm holds a Dairy Supply Number.
(3)
In section 217D(2), delete “certified”
.
63 Section 217E amended (Main duties of farm operators)
(1)
Before section 217E(1), insert:
(1AAA)
A farm operator who is required to have a freshwater farm plan must submit the plan for certification if—
(a)
the farm is undertaking activities identified in activity-based criteria prescribed in regulations; or
(b)
the farm is located in a catchment prescribed in regulations; or
(c)
the operator is required to submit the freshwater farm plan for certification to meet other regulatory requirements.
(2)
In section 217E(1), delete “certified”
in each place.
(3)
Repeal section 217E(1)(b).
(4)
After section 217E(3), insert:
(4)
A farm operator must comply with the same freshwater farm plan certification requirements under this Act as a farm operator referred to in subsection (1AAA) if—
(a)
the farm operator is not required under subsection (1AAA) to have the farm’s freshwater farm plan certified; but
(b)
the farm operator chooses to have the farm’s freshwater farm plan certified.
64 Section 217G amended (Certification of freshwater farm plan)
Replace section 217G(1) with:
(1)
A farm operator who must, under section 217E(1AAA), submit a freshwater farm plan for certification must do so within the prescribed time frame.
65 Section 217H amended (Audit of farm for compliance with certified freshwater farm plan)
(1)
In the heading to section 217H, delete “certified”
.
(2)
In section 217H(1)(a), delete “certified”
.
(3)
Replace section 217H(3) to (5) with:
(3)
The farm operator must provide the auditor with reasonable access to the farm (or any part of it) for the purpose of any audit inspection.
66 Section 217I amended (Functions of regional councils)
(1)
(2)
After section 217I(1)(d), insert:
(e)
to monitor the delivery of certification or audit services, or both, by approved industry organisations in the council’s region for compliance with this Part and with any applicable requirements prescribed in regulations.
(3)
Replace section 217I(2) with:
(2)
A regional council may do all or any of the following:
(a)
require a farm operator to produce a freshwater farm plan for inspection:
(b)
require information from an approved industry organisation that the council considers reasonably necessary for carrying out its functions under this section:
(c)
notify the Minister of any significant or persistent concerns regarding the performance under this Part of an approved industry organisation operating in the council’s region, including concerns arising in the course of the council’s exercise of its functions under subsection (1)(e).
67 Section 217J amended (Records that must be kept by regional council)
Replace section 217J(a) to (c) with:
(a)
the date that each farm that is required under section 217D(1) to have a freshwater farm plan was last audited for compliance with the plan; and
(b)
if the farm’s freshwater farm plan is required under section 217E(1AAA) or (4) to be certified,—
(i)
whether the farm’s freshwater farm plan is certified; and
(ii)
if the farm’s freshwater farm plan is certified, the date the plan was last certified; and
68 Section 217KA replaced (Regional council may approve industry organisation to provide certification or audit services)
Replace section 217KA with:
217KA Minister may approve industry organisation to provide certification or audit services
(1)
The Minister may, on application, approve an industry organisation to provide certification or audit services, or both, under this Part to its members—
(a)
if the Minister is satisfied that the organisation meets any applicable eligibility requirements prescribed in regulations; and
(b)
after consulting regional councils and the Minister of Agriculture.
(2)
An approved industry organisation may appoint certifiers or auditors if it is satisfied that the applicable requirements have been met as prescribed in regulations.
(3)
The Minister may revoke an industry organisation’s approval—
(a)
if the Minister is satisfied that the applicable requirements for revocation have been met, as prescribed in regulations; and
(b)
after consulting regional councils, the Minister of Agriculture, and the industry organisation.
(4)
An approval or a revocation of approval of an industry organisation may apply either nationally or in respect of 1 or more regions.
(5)
Any appointment of certifiers or auditors that was made by an approved industry organisation under subsection (2) ceases to the extent that the industry organisation’s approval is revoked under subsection (3).
(6)
The Minister may request from an industry organisation information that the Minister considers reasonably necessary before deciding to approve the organisation or revoke its approval.
69 Section 217L amended (Relationship between certified freshwater farm plan and specified instruments)
(1)
In the heading to section 217L, delete “certified”
.
(2)
In section 217L(1), delete “certified”
.
70 Section 217M amended (Regulations relating to freshwater farm plans)
(1)
After section 217M(1)(c), insert:
(ca)
prescribe the kinds of farm activities or catchments in respect of which a certified freshwater farm plan is required:
(2)
In section 217M(1)(e), replace “must be certified”
with “that must be certified is certified”
.
(3)
In section 217M(1)(fa), replace “for approval of industry organisations under section 217KA”
with “that must be met for the approval of industry organisations under section 217KA or the revocation of their approval”
.
(4)
In section 217M(1)(g), replace “for the purpose of audits of farms for compliance with certified freshwater farm plans, prescribe”
with “provide for the form and manner in which a farm must be audited for compliance with a freshwater farm plan, including (without limitation) prescribing”
.
(5)
Repeal section 217M(1)(g)(iii).
(6)
In section 217M(1)(g)(iv), delete “under section 217H(5)(c)”
.
(7)
In section 217M(1)(g)(v), delete “certified”
.
(8)
After section 217M(1)(g)(v), insert:
(va)
the information that the farm operator must provide to the auditor for the purpose of the audit; and
(9)
After section 217M(2), insert:
(2A)
Regulations under this section may apply to all certifiers or auditors generally, or may apply only to certifiers and auditors appointed—
(a)
by a regional council under section 217K(1); or
(b)
by an approved industry organisation under section 217KA(2).
Amendments to Part 12 of principal Act
71 Section 314 amended (Scope of enforcement order)
(1)
After section 314(1)(e), insert:
(ea)
revoke a resource consent (in whole or in part) or suspend a resource consent (in whole or in part for a specified period) if, in the opinion of the court, there has been significant non-compliance with this Act—
(i)
that is ongoing or repeated; and
(ii)
that, if the consent holder is not a natural person, has been or is the subject of an enforcement order or a conviction under this Act or, if the consent holder is a natural person, has been or is the subject of an enforcement order or a conviction under this Act within the previous 7 years:
(2)
After section 314(4), insert:
(4A)
The court may, having regard to the nature of the non-compliance,—
(a)
revoke the resource consent, and any resource consents associated with that consent that enable the same activity, in whole or in part, with effect on a specified date; or
(b)
suspend the resource consent, and any resource consents associated with that consent that enable the same activity, in whole or in part, for a specified period without conditions or subject to any conditions that the court thinks fit.
72 Section 316 amended (Application for enforcement order)
After section 316(2)(a), insert:
(ab)
a local authority, a consent authority, or the EPA for an enforcement order under section 314(1)(ea); and
73 Section 319 amended (Decision on application)
After section 319(1), insert:
(1A)
No court may order that compensation or redress be paid or provided to any person for any loss or damage arising from the revocation or suspension of the person’s resource consent under section 314(1)(ea).
74 Section 320 amended (Interim enforcement order)
After section 320(1), insert:
(1A)
Despite subsection (1), no person may apply for an interim enforcement order under section 314(1)(ea).
75 Section 321 amended (Change or cancellation of enforcement order)
After section 321(2), insert:
(3)
No person may apply to change or cancel an order that revokes a resource consent on the grounds set out in section 314(1)(ea).
76 Section 322 amended (Scope of abatement notice)
Replace section 322(1)(b) with:
(b)
requiring that person to do something that, in the opinion of the enforcement officer, is necessary—
(i)
to ensure compliance by or on behalf of that person with this Act, a national environmental standard, a regulation, a rule in a plan or a proposed plan, or a resource consent; or
(ii)
to avoid, remedy, or mitigate any actual or likely adverse effect on the environment—
(A)
caused by or on behalf of the person; or
(B)
relating to any land of which the person is the owner or occupier:
77 Section 327 amended (Issue and effect of excessive noise direction)
In section 327(3), replace “72 hours”
with “8 days”
.
78 Section 330 amended (Emergency works and power to take preventive or remedial action)
After section 330(3), insert:
(3A)
However, if the occupier cannot be found in the place, subsection (3) is satisfied, and the local authority or consent authority is not required to take further action to contact the occupier, if—
(a)
there is displayed in a prominent place on the land a notice that gives the date of entry, the time of entry, the reasons for entry, and the contact details of a person who can provide further information; and
(b)
as soon as practicable after entering the land, the local authority or consent authority serves written notice (containing the same information as in paragraph (a)) on the person who is the ratepayer for the land for the purposes of the Local Government (Rating) Act 2002.
79 Section 330A amended (Resource consents for emergency works)
In section 330A(2), replace “20”
with “30”
.
80 New sections 331AA and 331AB inserted
After section 331, insert:
331AA Emergency response regulations
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations (emergency response regulations) for the purpose of—
(a)
responding to a natural hazard event or other emergency in an area; and
(b)
enabling recovery efforts in the affected area (including any work required to improve the resilience or standard of assets).
(2)
Before recommending emergency response regulations, the Minister must—
(a)
be satisfied that the proposed regulations are necessary or desirable for the purpose of this Act:
(b)
be satisfied that the proposed regulations are not broader than is reasonably necessary:
(c)
consider the effects on the environment that could occur as a result of the proposed regulations and whether any adverse effects can be avoided, remedied, or mitigated:
(d)
consult the Minister for Emergency Management and Recovery:
(e)
consult the Minister of Conservation if the regulations affect the coastal marine area:
(f)
consult any affected councils and the relevant following groups and invite them to provide written comments about the proposed regulations:
(i)
iwi authorities:
(ii)
post-settlement governance entities:
(iii)
ngā hapū o Ngāti Porou, as defined in section 10 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019:
(iv)
iwi or hapū who are party to a Mana Whakahono a Rohe or joint management agreement that applies in the region:
(v)
customary marine title groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011):
(vi)
protected customary rights groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011):
(vii)
applicant groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011):
(g)
have regard to any comments from affected councils and the groups referred to in paragraph (f):
(h)
provide a draft of the proposed regulations to the committee of the House of Representatives that is responsible for the review of secondary legislation:
(i)
have regard to comments, if any, from the committee of the House of Representatives that is responsible for the review of secondary legislation.
(3)
Before recommending emergency response regulations, the Minister may invite any other persons or representatives of persons that the Minister considers appropriate (including local community groups), or the public generally, to provide written comments about the proposed regulations.
(4)
Comments referred to in subsection (2)(i) or written comments provided in response to an invitation from the Minister under subsection (3) must be provided within 5 working days after the draft is provided to the committee or the invitation is received, respectively, unless the Minister extends that period.
(5)
Written comments provided in response to an invitation from the Minister under subsection (2)(f) must be provided within 10 working days after the invitation is received, unless the Minister extends that period.
(6)
Emergency response regulations—
(a)
may apply only to an area where, under the Civil Defence Emergency Management Act 2002, a state of national or local emergency has been declared or notice given of a local or national transition period; and
(b)
may be made, or continue to apply to that area, after the declaration ceases to have effect or the transition period ends; and
(c)
expire on the date that is 3 years after the first declaration is made or notice is given, or any earlier date specified in the regulations.
(7)
Emergency response regulations may—
(a)
permit, authorise, or prohibit specific activities, while noting that this will not give long-term existing use rights to those activities:
(b)
modify or alter the unitary, regional, and district plan development processes:
(c)
apply a temporary stay to types or categories of consent applications (processing and granting of consents):
(d)
limit or exclude rights of appeal (other than judicial review) in relation to decisions on resource consents, plan changes, or variations:
(e)
extend the time frames for lodging retrospective resource consents for emergency works under section 330:
(f)
extend or shorten consent processing time frames.
(8)
Emergency response regulations may incorporate material by reference. Schedule 1AA applies as if references in that schedule to a national environmental standard, national policy statement, or New Zealand coastal policy statement were references to regulations under this section.
(9)
Emergency response regulations are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114 | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
331AB Annual review of emergency response regulations
The Minister must, within 12 months after any regulation made under section 331AA comes into force, and once in every 12 months after that while the regulation remains in force,—
(a)
carry out a review of the operation and effectiveness of the regulation; and
(b)
prepare a report on the review; and
(c)
present the report to the House of Representatives as soon as practicable after it has been completed; and
(d)
make public the outcomes of the review.
81 Section 339 amended (Penalties)
(1)
In section 339(1)(a), replace “2 years”
with “18 months”
.
(2)
In section 339(1)(a), replace “$300,000”
with “$1,000,000”
.
(3)
In section 339(1)(b), replace “$600,000”
with “$10,000,000”
.
82 New section 342A inserted (Insurance against fines unlawful)
After section 342, insert:
342A Insurance against fines unlawful
(1)
To the extent that a contract of insurance indemnifies or purports to indemnify a person for the person’s liability to pay a fine or an infringement fee under this Act,—
(a)
the contract is of no effect; and
(b)
no court or tribunal has jurisdiction to grant relief in respect of the contract, whether under sections 75 to 82 of the Contract and Commercial Law Act 2017 or otherwise.
(2)
A person must not—
(a)
enter into, or offer to enter into, a contract described in subsection (1); or
(b)
indemnify, or offer to indemnify, another person for the other person’s liability to pay a fine or an infringement fee under this Act; or
(c)
be indemnified, or agree to be indemnified, by another person for that person’s liability to pay a fine or an infringement fee under this Act; or
(d)
pay to another person, or receive from another person, an indemnity for a fine or an infringement fee under this Act.
(3)
The prohibition in this section against insurance does not apply to legal or remediation costs connected with an activity under this Act.
(4)
A person who contravenes subsection (2) commits an offence and is liable on conviction,—
(a)
for an individual, to a fine not exceeding $50,000:
(b)
for any other person, to a fine not exceeding $250,000.
Amendments to Part 14 of principal Act
83 Section 352 amended (Service of documents)
Replace section 352(1) with:
(1)
A notice or any other document required or authorised to be served on or given to a person for the purposes of this Act may be served or given by—
(a)
delivering it to the person (other than a Minister of the Crown); or
(b)
leaving it at the person’s usual or last known place of residence or business or at the address specified by the person in any notice, application, or other document given under this Act; or
(c)
sending it by post to the person’s usual or last known place of residence or business or to the address specified by the person in any notice, application, or other document given under this Act; or
(d)
emailing it to the person at an email address that is used by the person; or
(e)
complying with a means of service prescribed in regulations made under section 360.
84 New section 359A inserted (Validation of royalties collected for sand, shingle, and other natural material)
After section 359, insert:
359A Validation of royalties collected for sand, shingle, and other natural material
(1)
This section applies to royalties collected by a regional council for the removal of sand, shingle, or other natural material by the holder of a coastal permit in accordance with regulation 9 of the Resource Management (Transitional, Fees, Rents, and Royalties) Regulations 1991.
(2)
The royalties were and always have been validly imposed.
85 Section 360 amended (Regulations)
(1)
After section 360(1)(hq), insert:
(hr)
prescribing infrastructure as long-lived infrastructure for the purpose of paragraph (f) of the definition of long-lived infrastructure in section 2(1):
(2)
After section 360(2F), insert:
(2FA)
Regulations made under subsection (1)(hr) may be made only on the recommendation of the Minister after being satisfied that the infrastructure—
(a)
has an expected lifespan of 50 years; and
(b)
is suitable for a consent duration of 35 years; and
(c)
benefits the public.
86 New sections 360I to 360O inserted
Before section 361, insert:
360I Regulations to modify or remove provisions in policy statement or plan
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that modify or remove provisions of a policy statement or plan.
(2)
Before recommending the making of regulations under this section, the Minister must—
(a)
comply with sections 360J to 360L; and
(b)
be satisfied that the provisions have a negative impact on economic growth, development capacity, or employment; and
(c)
be satisfied that the following criteria are met:
(i)
the provisions have not been included in a policy statement or plan in recognition of an obligation or a right under a Treaty settlement, the Marine and Coastal Area (Takutai Moana) Act 2011, Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, or a Mana Whakahono a Rohe or joint management agreement; and
(ii)
the modification or removal of the provisions of the policy statement or plan does not prevent the policy statement or plan from giving effect to a national policy statement; and
(iii)
the modification or removal of the provisions of the plan does not make the plan inconsistent with a national environmental standard.
(3)
Any regulations may apply generally or may apply or be applied from time to time by the Minister by notice, within any specified district or region of any local authority or within any specified part of New Zealand, or to any specified class or classes of persons.
(4)
Regulations made under this section may incorporate material by reference. Schedule 1AA applies as if its references to a national environmental standard, national policy statement, or New Zealand coastal policy statement were references to regulations under this section.
(5)
The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):
(a)
regulations under subsection (1):
(b)
a notice under subsection (3).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114 | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
360J Minister to investigate and report
(1)
If the Minister considers that a provision in a policy statement or plan has the impact described in section 360I(2)(b), the Minister must carry out an investigation to gather evidence—
(a)
about the effects of the provision on economic growth, development capacity, or employment; and
(b)
to assist in determining whether the criteria in section 360I(2)(b) and (c) are met.
(2)
The Minister must prepare a report on the findings of the investigation that provides for the following:
(a)
a summary of the investigation undertaken:
(b)
an assessment of whether the criteria in section 360I(2)(b) and (c) have been met:
(c)
a recommendation on whether the provision should be modified or removed by regulations.
360K Minister to provide report to local authority
(1)
As soon as practicable after completing the investigation, the Minister must provide the report to the local authority to whose policy statement or plan the recommendation relates.
(2)
The local authority may provide a written response within 20 working days after receiving the report if the report recommends that a provision be modified or removed.
(3)
The Minister must consider any response by the local authority under subsection (2) when deciding whether to recommend that regulations be made under section 360I(1).
(4)
Within 10 working days after providing the report to the local authority, the Minister must publish the report on an Internet site maintained by the Ministry for the Environment.
360L Minister to consult before recommending regulations
(1)
The Minister must consult any parties such as, but not limited to, the following if they are likely to be affected by any modification or removal of provisions recommended by the report:
(a)
any persons or groups:
(b)
landowners or occupiers:
(c)
iwi and hapū:
(d)
customary marine title groups and protected customary rights groups under the Marine and Coastal Area (Takutai Moana) Act 2011:
(e)
groups holding statutory acknowledgement over the affected area:
(f)
heritage protection authorities and heritage stakeholders:
(g)
businesses or industries:
(h)
community organisations or sections of the public.
(2)
The Minister must consider the outcomes of the consultation undertaken under subsection (1).
(3)
If the Minister’s report under section 360J(2) recommends the modification or removal of provisions of a regional coastal plan, the Minister must consult the Minister of Conservation.
360M Local authority’s obligations
(1)
As soon as practicable after regulations are made under section 360I(1), the local authority whose policy statement or plan includes provisions that are or will be modified or removed by the regulations must—
(a)
give public notice—
(i)
that the regulations have been made; and
(ii)
of the date on which the regulations come into force; and
(iii)
that provides a general description of the nature and effect of the regulations; and
(b)
ensure that the policy statement or plan reflects the amendments made by the regulations—
(i)
without using the process in Schedule 1; and
(ii)
by any date specified in the regulations for that purpose or, if no date is specified, as soon as practicable after the regulations come into force.
(2)
A failure to comply with subsection (1) does not affect the validity of the amendments made by the regulations.
360N Policy statement or plan continues as operative after change by regulations
A policy statement or plan continues to be an operative policy statement or plan when amended by regulations made under section 360I(1).
360O Sections 360I to 360O repealed
Sections 360I to 360N and this section are repealed on the close of 31 December 2027.
Part 2 Amendments to schedules of principal Act and amendments to other enactments
Amendments to schedules of principal Act
87 Schedule 1 amended
(1)
In Schedule 1, after clause 4A, insert:
4B Pre-notification requirement for proposed rule that controls fishing
(1)
If a regional council intends to propose in a regional coastal plan a rule (proposed rule) that controls fishing in an area,—
(a)
the council must complete the assessment required under section 32(2A) and give it to the Director-General; and
(b)
the Director-General must, within 40 working days, advise the council of their decision on whether they concur with the proposed rule.
(2)
In deciding whether to concur with a proposed rule that controls fishing, the Director-General must have regard only to the matters described in section 32(2A).
(3)
The Director-General must concur with the proposed rule only if they—
(a)
are satisfied that the rule will not have an undue adverse effect on the matters described in section 32(2A)(a); and
(b)
have consulted Te Ohu Kai Moana about their proposed decision.
(4)
If the Director-General concurs with the proposed rule,—
(a)
the Director-General must advise the regional council in writing of their decision; and
(b)
the council may notify the rule.
(5)
If the Director-General does not concur with the proposed rule,—
(a)
the Director-General must—
(i)
advise the regional council in writing of their decision; and
(ii)
include reasons for their decision; and
(b)
the council must not notify the rule in the plan unless—
(i)
the council revises the rule to address the Director-General’s concerns as set out in their decision; and
(ii)
the Director-General advises the council in writing that they concur with the revised rule.
(6)
In this section,—
adverse effect has the meaning given in section 186C of the Fisheries Act 1996
Director-General means the Director-General of the Ministry for Primary Industries
Te Ohu Kai Moana has the meaning given in section 5(1) of the Maori Fisheries Act 2004.
(2)
In Schedule 1, after clause 6A, insert:
6B Submissions relating to rules that control fishing
(1)
After a rule that controls fishing in an area is notified in a proposed regional coastal plan,—
(a)
a person may make a submission on the content of the rule; but
(b)
a regional council must not accept a submission on the rule to the extent that the submission seeks to—
(i)
enlarge the area to which the rule applies; or
(ii)
add any other area to which the rule would apply.
(2)
See also section 71.
Amendments to streamlined planning process
(3)
In Schedule 1, after clause 75(b)(iv), insert:
(iva)
the number of independent commissioners that the authority wants on the SPP panel and the expertise required of the panel; and
(4)
In Schedule 1, after clause 75, insert:
75A Content of notice for direction relating to listed planning instrument
(1)
This clause applies to a notice by a local authority to a Minister for a direction under section 80CA or clause 5(1) of Schedule 3C to use the streamlined planning process to prepare a listed planning instrument.
(2)
The notice must be in writing and must describe—
(a)
the matters that the listed planning instrument will address; and
(b)
the process that the local authority wishes to use and the time frames that it proposes for the steps in that process; and
(c)
the persons that the authority considers are likely to be affected by the listed planning instrument; and
(d)
the number of independent commissioners that the authority wants on the SPP panel and the expertise required of the panel; and
(e)
the implications of using the process that the local authority wishes to use for any relevant iwi participation legislation or Mana Whakahono a Rohe entered into under subpart 2 of Part 5 of this Act.
(3)
If the listed planning instrument is an Auckland housing planning instrument, the notice must also—
(a)
contain information on how the instrument complies with clause 4 of Schedule 3C; and
(b)
state whether the instrument will include provisions of a kind permitted under clause 5(2) of Schedule 3C.
(5)
In Schedule 1, heading to clause 76, replace “request”
with “application or notice”
.
(6)
In Schedule 1, replace clause 76(1) with:
(1)
This clause applies if the Minister receives—
(a)
an application under section 80C from a local authority to use the streamlined planning process to prepare a planning instrument; or
(b)
a notice under section 80CA or clause 5(1) of Schedule 3C from a local authority for a direction to use the streamlined planning process to prepare a listed planning instrument; or
(c)
an application under section 80C and a notice under section 80CA or clause 5(1) of Schedule 3C to prepare a planning instrument and a listed planning instrument using the same streamlined planning process.
(7)
In Schedule 1, clause 76(2)(a) and (b), replace “request”
with “application or notice (or both)”
.
(8)
In Schedule 1, after clause 76(2)(e), insert:
(f)
if subclause (1)(c) applies, the appropriateness of using the same streamlined planning process to prepare the planning instrument and listed planning instrument.
(9)
In Schedule 1, clause 76(3), replace “request”
with “application or notice (or both)”
.
(10)
In Schedule 1, after clause 76(4), insert:
(4A)
However, if the Minister receives a notice under section 80CA or clause 5(1) of Schedule 3C, subclauses (4)(b) to (d) do not apply in relation to the notice.
(11)
In Schedule 1, heading to clause 77, after “decision”
, insert “on application under section 80C”
.
(12)
In Schedule 1, clause 77(1), after “application”
, insert “under section 80C”
.
(13)
In Schedule 1, after clause 77(2), insert:
(3)
If the Minister has received an application and a notice of a kind referred to in clause 76(1)(c),—
(a)
this clause applies to the Minister’s decision on the application; and
(b)
clause 77A applies in relation to the notice.
(14)
In Schedule 1, after clause 77, insert:
77A Responsible Minister must give direction relating to listed planning instrument
(1)
The responsible Minister must give a direction under clause 78 in response to a notice under section 80CA or clause 5(1) of Schedule 3C.
(2)
The responsible Minister’s direction must be—
(a)
given in writing with reasons; and
(b)
served by the Minister on the relevant local authority.
(15)
In Schedule 1, clause 78(1), after “80C”
, insert “, or to which a notice under section 80CA or clause 5(1) of Schedule 3C relates, or both,”
.
(16)
In Schedule 1, clause 78(2)(a), replace “request”
with “application or notice (or both)”
.
(17)
In Schedule 1, after clause 78(3), insert:
(3A)
If the direction relates to an Auckland housing planning instrument, the Minister’s statement of expectations may include expectations about how the instrument will comply with clause 4 of Schedule 3C.
(3B)
If the direction relates to the removal, or enabling the removal, of heritage protection from buildings (within the meaning of section 80C(5)) or structures that are listed in a heritage list (within the meaning of section 80C(5)), the Minister’s statement of expectations must include the following criteria:
(a)
heritage significance:
(b)
physical condition, including degree of seismic risk:
(c)
current or proposed use of the building or structure and the economic viability of any proposed use:
(d)
whether the owner agrees to the removal of the heritage protection.
(18)
In Schedule 1, after clause 78(4), insert:
(4A)
If the direction relates to an Auckland housing planning instrument, the Minister may include in the direction a requirement for Auckland Council to—
(a)
publish the information provided to the Minister under clause 75A(3)(a) at the same time as it publicly notifies the instrument under clause 5 of this schedule; or
(b)
update the information before publishing it, if there has been a significant change of circumstances in Auckland.
(4B)
A direction may also provide for—
(a)
the composition of the SPP panel; and
(b)
the expertise required of the panel; and
(c)
the Minister to appoint up to half the members of the panel.
(4C)
The direction must specify the number of members on the SPP panel that the Minister will appoint.
(19)
In Schedule 1, after clause 78(6), insert:
(6A)
If the local authority has applied under section 80C and given notice under section 80CA or clause 5(1) of Schedule 3C and seeks to use the same streamlined planning process to prepare the planning instrument and listed planning instrument, the direction may require the local authority to—
(a)
use the same streamlined planning process to prepare those instruments; or
(b)
use different streamlined planning processes to prepare those instruments.
(20)
In Schedule 1, after clause 80(2), insert:
(2A)
If the reason for the request is to enable or support a variation to an Auckland housing planning instrument, the request must also contain information on how that instrument, as it is proposed to be varied, would comply with clause 4 of Schedule 3C.
(21)
In Schedule 1, replace clause 80(4) with:
(4)
Unless an amendment made under this clause has no more than a minor effect or is made to correct a technical error, the following clauses apply:
(a)
clause 76(2) to (6); and
(b)
clause 77(2) or 77A(2) (as the case requires); and
(c)
clause 78(3) to (5).
(22)
In Schedule 1, replace clause 82(1)(b) with:
(b)
must have particular regard to the statement of expectations and, if the direction is of the kind described in clause 78(3B), must also have particular regard to the criteria in that clause.
(23)
In Schedule 1, replace clauses 83 to 87 with:
83 Establishment of SPP panel
(1)
A local authority that is subject to a direction under clause 78 must—
(a)
establish an SPP panel to receive submissions and make recommendations to the local authority; and
(b)
appoint 1 member of the panel to be the chairperson of the panel; and
(c)
delegate the necessary functions to the panel.
(2)
The Minister and the local authority must not appoint to the SPP panel an independent commissioner who is an elected member of the local authority.
(3)
In this clause, necessary functions—
(a)
means the functions, powers, or duties that the SPP panel requires to carry out its role under subclause (1); and
(b)
includes the functions, powers, or duties that a local authority requires in order to hold a hearing under clause 8B; but
(c)
does not include—
(i)
the approval of a proposed policy statement or plan under clause 17:
(ii)
this power of delegation.
84 Local authority must submit planning instrument documents to SPP panel
Clause 97 (except clause 97(b)) applies to a local authority that is subject to a direction under clause 78, with all necessary modifications, as if—
(a)
a reference to a specified territorial authority were a reference to the local authority; and
(b)
a reference to an independent hearings panel were a reference to an SPP panel; and
(c)
a reference to clause 96(1)(a) were a reference to clause 83; and
(d)
a reference to an IPI were a reference to a planning instrument.
85 Powers, functions, and duties of SPP panel
(1)
Clauses 98 to 100 apply to an SPP panel with all necessary modifications as if—
(a)
a reference to an independent hearings panel were a reference to an SPP panel; and
(b)
a reference to a specified territorial authority were a reference to a local authority; and
(c)
a reference to an IPI were a reference to a planning instrument.
(2)
An SPP panel must have particular regard to the responsible Minister’s statement of expectations included in the direction given under clause 78 and, if the direction is a kind described in clause 78(3B), the panel must also have particular regard to the criteria in that clause.
(3)
In addition to the matters required under clause 100(2), a report of an SPP panel must—
(a)
include recommendations on any provision included in the proposed plan under clause 4(5) and (6) (which relates to designations and heritage orders); but
(b)
not include recommendations on any existing designations or heritage orders that are included in the proposed plan without modification and on which no submissions are received.
(4)
A report of an SPP panel must also state how the panel has complied with subclause (2).
Compare: 2010 No 37 s 144(4), (6)
86 Local authority to consider recommendations and notify decisions on them
Local authority to decide on recommendations of SPP panel
(1)
The relevant local authority must—
(a)
decide whether to accept or reject each recommendation of the SPP panel; and
(b)
for each rejected recommendation that is within the scope of submissions, decide an alternative solution, which—
(i)
must be within the scope of the submissions; and
(ii)
may include elements of both the planning instrument notified and the recommendations in respect of that part of the planning instrument; and
(c)
for each rejected recommendation that is outside the scope of submissions, decide an alternative solution, which may be within or outside the scope of submissions; and
(d)
include an assessment of each alternative solution to a rejected recommendation in the further evaluation report required under section 32AA.
(2)
The local authority must make decisions under subclause (1) in a manner that is consistent with any relevant iwi participation legislation, Mana Whakahono a Rohe, or joint management agreement.
(3)
When making decisions under subclause (1), the local authority—
(a)
is not, subject to subclause (2), required to consult any person or consider submissions or other evidence from any person; and
(b)
must not consider any submission or other evidence unless it was made available to the SPP panel before they made the recommendation; and
(c)
may, to avoid doubt, accept recommendations that are beyond the scope of the submissions made on the planning instrument.
Recommendations and decisions relating to requirement, designation, or heritage order
(4)
The following applies if a planning instrument includes a requirement, designation, or heritage order and the SPP panel makes recommendations relating to the requirement, designation, or heritage order:
(a)
if the local authority accepts a recommendation relating to the requirement, designation, or heritage order,—
(i)
the recommendation becomes an approved recommendation; and
(ii)
the local authority must serve the approved recommendation on the relevant requiring authority or heritage protection authority, and clauses 9, 11(2) and (3), and 13 apply:
(b)
if the local authority rejects a recommendation relating to a requirement, the recommendation must be treated as a recommendation to withdraw the requirement:
(c)
if the local authority rejects a recommendation relating to an existing designation or heritage order, the recommendation must be treated as a recommendation to confirm the existing designation or heritage order without change.
Notification of decisions on recommendations
(5)
The local authority must, within the time frame specified in the direction, publicly notify its decisions under subclause (1) and the recommendations under subclause (4) in a way that sets out the following information:
(a)
each recommendation that it accepts:
(b)
each recommendation that it rejects and the reasons for doing so:
(c)
the alternative solution for each rejected recommendation.
(6)
After the local authority publicly notifies its decisions, it must comply with clause 11 as if the decisions were made under clause 9(2) and notified under clause 10(4)(b).
(7)
A local authority must publicly notify the availability of the report of the SPP panel, the local authority’s decisions, and where the report and the decisions may be viewed or accessed.
(8)
In this clause, direction means the direction made under clause 78.
Compare: 1991 No 69 Schedule 1 cl 52
87 Proposed planning instrument treated as approved or adopted on and from certain dates
(1)
This clause applies when a local authority gives public notice (in accordance with clause 86(5)) of its decisions on the recommendations made by the SPP panel.
(2)
Each part of the proposed plan (other than any parts relating to the coastal marine area, requirements, designations, and heritage orders)—
(a)
is amended in accordance with the decisions of the local authority; and
(b)
for recommendations accepted by the local authority, is treated as approved by the local authority under clause 17(1); and
(c)
for alternative solutions decided by the local authority (in response to rejected recommendations), is treated as approved by the local authority under clause 17(1) on and from—
(i)
the date on which the appeal period expires, if no appeals relating to that part of the proposed plan are made under clause 93A; or
(ii)
the date on which all appeals, including further appeals, relating to that part are made under clause 93A.
(3)
Each part of the proposed plan relating to the coastal marine area—
(a)
is amended in accordance with the decisions of the local authority; and
(b)
for recommendations accepted by the local authority, is treated as adopted by the local authority under clause 18(1); and
(c)
for alternative solutions decided by the local authority (in response to rejected recommendations), is treated as adopted by the local authority under clause 18(1) on and from—
(i)
the date on which the appeal period expires, if no appeals relating to that part of the proposed plan are made under clause 93A; or
(ii)
the date on which all appeals, including further appeals, relating to that part are made under clause 93A; and
(d)
must be sent to the Minister for Conservation for their approval under clause 19.
(4)
The part of the proposed plan relating to a requirement, designation, or heritage order—
(a)
is amended in accordance with the decision about the requirement, designation, or heritage order—
(i)
notified by the requiring authority under clause 13, for a requirement, designation, or heritage order of a requiring authority other than the territorial authority; or
(ii)
notified by the territorial authority under clause 11(2), for a requirement, designation, or heritage order of the territorial authority; and
(b)
for a recommendation relating to a requirement that is rejected by the territorial authority, is treated as a recommendation to withdraw the requirement on and from—
(i)
the date on which the appeal period expires, if no appeals relating to the requirement are made under clause 92 or 93; or
(ii)
the date on which all appeals, including further appeals, relating to the requirement are determined, if appeals are made under those clauses; and
(c)
for a recommendation relating to an existing designation or heritage order that is rejected by the territorial authority, is treated as a recommendation to confirm the existing designation or heritage order on and from—
(i)
the date on which the appeal period expires, if no appeals relating to the designation or heritage order are made under clause 92 or 93; or
(ii)
the date on which all appeals, including further appeals, relating to the designation or heritage order are determined, if appeals are made under those clauses.
(5)
However, the parts of the proposed plan relating to any existing designations or heritage orders that were included in the proposed plan without modification, and on which no submissions were received, are treated as approved by the territorial authority under clause 17(1) on and from the date on which the authority publicly notifies its decisions under clause 86(5).
(6)
To avoid doubt, any of the following decisions of a local authority that have been the subject of an appeal under clause 92, 93, or 93A is the decision as modified by the decision of the court on appeal:
(a)
an alternative solution referred to in subclause (2)(c) or (3)(c):
(b)
a rejected recommendation relating to a requirement referred to in subclause (4)(b):
(c)
a rejected recommendation relating to an existing designation or heritage order referred to in subclause (4)(c).
(7)
The local authority must notify the date on which the planning instrument or each part of the instrument, as the case may be, will become operative in accordance with clause 20.
(24)
In Schedule 1, replace clause 88(1) and (2) with:
(1)
If a local authority that is subject to a direction under clause 78 has initiated the preparation of a planning instrument, the local authority may withdraw the proposed planning instrument—
(a)
at any time before it is made operative under clause 20; but
(b)
in the case of provisions relating to the coastal marine area, at any time before the Minister of Conservation makes a decision under clause 19.
(2)
A person who has requested a private plan change may withdraw the request in accordance with subclause (1)(a) or (b) (which applies with any necessary modifications).
(25)
In Schedule 1, repeal clause 90 and the cross-heading above clause 90.
(26)
In Schedule 1, clause 91(1), after “local authority”
, insert “in relation to a recommendation it has accepted under clause 86(1)(a)”
.
(27)
In Schedule 1, clause 91(1), replace “and 93”
with “, 93, and 93A”
.
(28)
In Schedule 1, clause 92(1), replace “85(2) or (3)”
with “86(4)”
.
(29)
In Schedule 1, clause 93(1), replace “85(2) or (3)”
with “86(4)”
.
(30)
In Schedule 1, after clause 93, insert:
93A Right of appeal in relation to rejected recommendation
(1)
A person who made a submission on a planning instrument may appeal to the Environment Court in respect of a provision or matter—
(a)
that relates to the planning instrument; and
(b)
that the person had addressed in their submission; and
(c)
in relation to which a local authority rejected a recommendation of the SPP panel and decided an alternative solution that resulted in—
(i)
a provision or matter being included in the planning instrument; or
(ii)
a provision or matter being excluded from the planning instrument.
(2)
If the local authority’s alternative solution included elements of the recommendation, the right of appeal is limited to the effect of the differences between the alternative solution and the recommendation.
(3)
Except as provided in this clause, the following provisions apply with all necessary modifications:
(a)
Parts 11 and 11A but not section 308; and
(b)
clauses 14(4) and (5) and 15(1) and (2) of this schedule.
(4)
To avoid doubt, no further appeal lies to the Court of Appeal or Supreme Court (by leave or otherwise).
(31)
In Schedule 1, clause 94(1), replace “or 93”
with “, 93, or 93A”
.
(32)
In Schedule 1, after clause 94(1)(b), insert:
(c)
if the subject matter of the notice of appeal relates to the coastal marine area, be served on the Minister of Conservation not later than 5 working days after the notice is lodged.
(33)
In Schedule 1, after clause 105(2)(b)(iii), insert:
(iv)
if the specified territorial authority is Auckland Council or Christchurch City Council,—
(A)
whether that territorial authority has withdrawn any part of its IPI in accordance with Schedule 3C; and
(B)
any advice from that territorial authority that it intends to withdraw, or seek approval to withdraw, any part of its IPI in accordance with Schedule 3C.
88 New Schedule 3C inserted
After Schedule 3B, insert the Schedule 3C set out in Schedule 1 of this Act.
89 Schedule 4 amended
In Schedule 4, clause 1, insert as subclause (2):
(2)
However, the requirements in this schedule are subject to section 88(2), (2AA), and (2AB).
90 Schedule 12 amended
In Schedule 12,—
(a)
insert the Part set out in Schedule 2 of this Act as the last Part; and
(b)
make all necessary consequential amendments.
Amendment to Conservation Act 1987
91 Principal Act
Section 92 amends the Conservation Act 1987.
92 Section 39 amended (Other offences in respect of conservation areas)
Replace section 39(6) with:
(6)
A person who is convicted of an offence under subsection (4) is liable to imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both, and to a further fine of $10,000 per day if the offence is a continuing one, unless a defence listed in subsection (6A) applies.
(6A)
It is a defence to a charge under subsection (4) if the defendant can show that the discharge of the contaminant was—
(a)
done in accordance with the conditions of a current discharge permit granted under the Resource Management Act 1991; or
(b)
allowed by a national environmental standard as defined in section 2(1) of the Resource Management Act 1991; or
(c)
authorised by any secondary legislation (including by way of an exemption) made under the Resource Management Act 1991; or
(d)
a permitted activity in the relevant regional plan and any proposed regional plan, if there is one, under the Resource Management Act 1991.
(6B)
For the purpose of a defence under subsection (6A), it is sufficient for the defendant to produce a certificate from the regional council in the area for which the permit was purported to be granted or the activity was otherwise permitted to the effect that a defence listed in subsection (6A) applies.
Amendments to Resource Management (Forms, Fees, and Procedure) Regulations 2003
93 Principal regulations
94 Schedule 1, form 9 amended
In Schedule 1, form 9, after paragraph 14, insert:
15
For this paragraph select one of the following statements, if applicable.
I declare that I am not a natural person and that I have been the subject of the following abatement notices, enforcement orders, infringement notices, and convictions under the Resource Management Act 1991: [list all matters and the date of each]
or
I declare that I am a natural person and that in the past 7 years I have been the subject of the following abatement notices, enforcement orders, infringement notices, and convictions under the Resource Management Act 1991: [list all matters and the date of each]
95 Schedule 1, form 18 amended
(1)
In Schedule 1, form 18, replace “The effects that the public work (or project or work) will have on the environment, and the ways in which any adverse effects will be mitigated, are: [give details]”
with:
The effects that the public work (or project or work) will have on the environment, are:
[give details, including with regard to any relevant provisions of a national policy statement, a New Zealand coastal policy statement, a regional policy statement or proposed regional policy statement, and a plan or proposed plan].
(2)
In Schedule 1, form 18, replace “Alternative sites, routes, and methods have been considered to the following extent: [give details]”
with:
*Alternative sites, routes, and methods have been considered to the following extent:
[give details].
| *Delete if the requiring authority has an interest in the land sufficient for undertaking the work. |
(3)
In Schedule 1, form 18, replace “The public work (or project or work) and designation (or alteration) are reasonably necessary for achieving the objectives of the requiring authority because: [give details].”
with:
*The public work (or project or work) and designation (or alteration) are reasonably necessary for achieving the objectives of the requiring authority because:
[give details].
| *Delete if the requiring authority has an interest in the land sufficient for undertaking the work. |
(4)
In Schedule 1, form 18, before the paragraph beginning “*The following resource consents”
, insert:
*Possible alternative locations or methods for undertaking the [activity/work] are:
[give details].
| *Required if the requiring authority has an interest in the land sufficient for undertaking the work and the work is likely to result in any significant adverse effect on the environment. |
96 Schedule 1, form 20 amended
(1)
In Schedule 1, form 20, replace “The effects that the public work (or project or work) will have on the environment, and the ways in which any adverse effects will be mitigated, are: [give details].”
with:
The effects that the public work (or project or work) will have on the environment, are:
[give details, including with regard to any relevant provisions of a national policy statement, a New Zealand coastal policy statement, a regional policy statement or proposed regional policy statement, and a plan or proposed plan].
(2)
In Schedule 1, form 20, replace “Alternative sites, routes, and methods have been considered to the following extent: [give details].”
with:
*Alternative sites, routes, and methods have been considered to the following extent:
[give details].
| *Delete if the requiring authority has an interest in the land sufficient for undertaking the work. |
(3)
In Schedule 1, form 20, replace “The public work and designation (or alteration) are reasonably necessary for achieving the objectives of the territorial authority because: [give details].”
with:
*The public work and designation (or alteration) are reasonably necessary for achieving the objectives of the territorial authority because:
[give details].
| *Delete if the requiring authority has an interest in the land sufficient for undertaking the work. |
(4)
In Schedule 1, form 20, before the paragraph beginning “*The following resource consents”
, insert:
*Possible alternative locations or methods for undertaking the [activity/work] are:
[give details].
| *Required if the requiring authority has an interest in the land sufficient for undertaking the work and the work is likely to result in any significant adverse effect on the environment. |
Amendments to Resource Management (Transitional, Fees, Rents, and Royalties) Regulations 1991
97 Principal regulations
98 Regulation 2 amended (Interpretation)
In regulation 2, definition of commercial activity, replace “on land of the Crown in the coastal marine area”
with “in the common marine and coastal area”
.
99 Regulation 7A amended (Review of charges and fees for occupation of land of the Crown in coastal marine area)
(1)
In the heading to regulation 7A, replace “land of the Crown in coastal marine area”
with “common marine and coastal area”
.
(2)
In regulation 7A(1), replace “land of the Crown in the coastal marine area”
with “common marine and coastal area”
.
100 Regulation 7B amended (Review of charges and fees for removal of sand, etc, from land of the Crown in coastal marine area)
(1)
In the heading to regulation 7B, replace “land of the Crown in coastal marine area”
with “common marine and coastal area”
.
(2)
In regulation 7B(1), replace “land of the Crown in the coastal marine area”
with “common marine and coastal area”
.
101 Regulation 8 amended (Rent for occupation of Crown land in coastal marine area)
(1)
In the heading to regulation 8, replace “Crown land in coastal marine area”
with “common marine and coastal area”
.
(2)
In regulation 8(1), replace “land of the Crown in the coastal marine area”
with “common marine and coastal area”
.
102 Regulation 9 amended (Royalty for extraction of sand, gravel, etc, from land of the Crown in coastal marine area)
(1)
In the heading to regulation 9, replace “land of the Crown in coastal marine area”
with “common marine and coastal area”
.
(2)
In regulation 9(1), replace “land of the Crown in the coastal marine area”
with “common marine and coastal area”
.
103 Schedule 2 amended
(1)
In Schedule 2, in the Part 1 heading, replace “land of the Crown”
with “common marine and coastal area”
.
(2)
In Schedule 2, in the Part 2 heading, replace “land of the Crown”
with “common marine and coastal area”
.
(3)
In Schedule 2, Part 3,—
(a)
in the Part 3 heading, replace “land of the Crown”
with “common marine and coastal area”
; and
(b)
clause 1(2), replace “land of the Crown in the coastal marine area”
with “the common marine and coastal area”
.
Amendments to Wellington City proposed plan
104 Principal legislation
Section 105 amends the Wellington City proposed plan.
105 Amendments to Wellington City proposed plan
(1)
In rule TEDZ-R5.1, delete “Where: a. The demolition or removal is not of Gordon Wilson Flats at 320 the Terrace.”
(2)
Revoke rule TEDZ-R5.2.
(3)
In Schedule 1, revoke the item relating to Gordon Wilson Flats.
Amendment to Wellington City district plan
106 Principal legislation
Section 107 amends the Wellington City district plan.
107 Amendment to Wellington City district plan
Revoke rule 9.2.3, including the headings “Non-notification”
and “Standards and Terms”
and the text under those headings.
Wellington City Council must update plans
108 Wellington City Council must update plans
(1)
Wellington City Council must give public notice of the amendments made by sections 105 and 107 within 20 working days after the commencement of those sections.
(2)
A failure to comply with this section does not affect the validity of the amendments made by sections 105 and 107.
Amendments to Regional Plan: Water for Otago
109 Interpretation
In sections 110 to 112, Regional Plan: Water for Otago means the plan of that name dated 3 September 2022.
110 Principal legislation
Section 111 amends the Regional Plan: Water for Otago.
111 Regional Plan: Water for Otago amended
(1)
In rule 10A.3.1.1(b), delete “where that water permit expires prior to 31 December 2025”
.
(2)
In rule 10A.3.1A.1(b), delete “where that water permit expires prior to 31 December 2025”
.
(3)
In rule 10A.3.2.1(b), delete “where that water permit expires prior to 31 December 2025”
.
(4)
Revoke—
(a)
policy 7.D.2:
(b)
rule 12.C.1.1(g):
(c)
rule 12.C.1.1A:
(d)
rule 12.C.1.3:
(e)
Schedule 16.
112 Otago Regional Council must notify amendments
(1)
Otago Regional Council must give public notice of the amendments made by section 111 within 20 working days after the commencement of that section.
(2)
A failure to comply with this section does not affect the validity of the amendments made by section 111.
Schedule 1 New Schedule 3C inserted
Schedule 3C Alternative intensification provisions for Auckland and Christchurch
s 80DA
1 Interpretation
In this schedule, unless the context otherwise requires,—
Auckland housing planning instrument means a change to the Auckland Unitary Plan—
(a)
to comply with clause 4; and
(b)
that may include provisions of a kind permitted under clause 5(2)
Auckland Unitary Plan means the Auckland combined plan as that term is defined in section 116(1) of the Local Government (Auckland Transitional Provisions) Act 2010
community services means—
(a)
community facilities; and
(b)
educational facilities; and
(c)
those commercial activities that service the needs of the community
housing capacity, in relation to the Auckland Unitary Plan or Christchurch district plan, means the housing that the plan enables as a permitted activity, controlled activity, or restricted discretionary activity
listed planning instrument has the meaning given in section 80B
Maungawhau (Mount Eden) Station, Kingsland Station, Morningside Station, Baldwin Avenue Station, and Mount Albert Station mean the railway stations at those places on the North Auckland Line
Plan Change 14 means the intensification planning instrument for Christchurch City Council notified on 17 March 2023
Plan Change 78 means the intensification planning instrument for Auckland Council notified on 18 August 2022
SPP panel has the meaning given in section 80B
urban environment has the meaning given in section 77F.
Part 1 Process for Auckland Council to withdraw Plan Change 78
Auckland Council may withdraw Plan Change 78
2 Auckland Council may withdraw Plan Change 78
(1)
Auckland Council may withdraw all or part of Plan Change 78 by giving public notice of the withdrawal no later than 10 October 2025.
(2)
If Auckland Council withdraws part of Plan Change 78 in accordance with subclause (1), it may withdraw any remaining part of Plan Change 78 by giving public notice of the withdrawal at any later date.
(3)
However, Auckland Council may not withdraw any part of Plan Change 78—
(a)
that has become operative; or
(b)
in relation to which the Minister has notified the Council under clause 105(3) of Schedule 1 of a decision on a recommendation (whether or not the Council has notified that decision under clause 106(1) of Schedule 1).
(4)
Auckland Council must set out the reasons for a withdrawal in a public notice.
Consequences if Plan Change 78 withdrawn
3 Consequences if Plan Change 78 withdrawn
If Auckland Council withdraws all or part of Plan Change 78 in accordance with clause 2(1), clauses 4 to 6 and 8 to 10 apply from the date of that withdrawal.
4 Requirements for Auckland Unitary Plan if Plan Change 78 withdrawn
(1)
Auckland Council must amend the Auckland Unitary Plan to—
(a)
provide at least the same amount of housing capacity that would have been enabled if Plan Change 78 (as notified) were made operative; and
(b)
enable, within at least a walkable catchment of the Maungawhau (Mount Eden), Kingsland, and Morningside Stations,—
(i)
heights and densities commensurate with the greater of—
(A)
demand for housing and business use in those locations; or
(B)
the amount of housing and business use that is appropriate given the level of accessibility to commercial activity and community services in those locations; and
(ii)
in all cases, building heights of at least 15 storeys in those locations; and
(c)
enable, within at least a walkable catchment of the Baldwin Avenue and Mount Albert Stations,—
(i)
heights and densities commensurate with the greater of—
(A)
demand for housing and business use in those locations; or
(B)
the amount of housing and business use that is appropriate given the level of accessibility to commercial activity and community services in those locations; and
(ii)
in all cases, building heights of at least 10 storeys in those locations; and
(d)
give effect to policy 3.
(2)
However, Auckland Council may amend the Auckland Unitary Plan to enable less development than that required by subclause (1)(b) or policy 3 if authorised to do so by clause 8.
5 Auckland housing planning instrument
(1)
Auckland Council must, no later than 10 October 2025, notify the responsible Minister in accordance with clause 75A of Schedule 1 for a direction to use the streamlined planning process to prepare an Auckland housing planning instrument.
(2)
The Auckland housing planning instrument may also include provisions to address any matter that Auckland Council is satisfied meets at least 1 of the criteria in section 80C(2)(a), (b), (c), (d), (ea), or (f).
(3)
Auckland Council must not notify more than 1 Auckland housing planning instrument.
(4)
Despite clause 88 of Schedule 1, Auckland Council must not withdraw the Auckland housing planning instrument.
(5)
However, Auckland Council may withdraw part of the Auckland housing planning instrument if that part—
(a)
relates solely to a matter referred to in subclause (2); and
(b)
is not required to comply with clause 4.
(6)
An SPP panel making recommendations on the Auckland housing planning instrument must ensure that its recommendations comply with clause 4.
(7)
Auckland Council must, when making decisions on the Auckland housing planning instrument, ensure that its decisions comply with clause 4.
6 Application of certain provisions if Plan Change 78 withdrawn
(1)
From the date that all or part of Plan Change 78 is withdrawn,—
(a)
the Council must continue to progress any parts of Plan Change 78 that are not withdrawn; and
(b)
clause 25(4A) of Schedule 1 ceases to apply to the Council; and
(c)
section 77G ceases to apply to the Council, except in relation to—
(i)
any parts of Plan Change 78 that are not withdrawn; and
(ii)
any private plan change that was adopted or accepted by the Council (under clause 25 of Schedule 1) before the earliest date that any part (or all) of Plan Change 78 was withdrawn; and
(d)
any direction made under sections 80L and 80M that applied to the Council before any part of Plan Change 78 was withdrawn ceases to apply to the Council, except in relation to any parts of Plan Change 78 that are not withdrawn; and
(e)
clause 7 applies to the Council, except in relation to—
(i)
any parts of Plan Change 78 that are not withdrawn; and
(ii)
any private plan change that was adopted or accepted by the Council (under clause 25 of Schedule 1) before the earliest date that any part (or all) of Plan Change 78 was withdrawn.
(2)
If section 77G continues to apply in relation to any part of Plan Change 78 or private plan change under subclause (1)(c), then if that relevant part or plan change becomes operative,—
(a)
section 77G ceases to apply in relation to the part or plan change; and
(b)
clause 7 applies in relation to the operative provisions.
7 Alternative requirements to section 77G if Plan Change 78 withdrawn
(1)
This clause applies to Auckland Council in accordance with clause 6.
(2)
A relevant residential zone of the Auckland Unitary Plan may have the MDRS incorporated into that zone.
(3)
In carrying out its functions under this clause, Auckland Council may create new residential zones or amend existing residential zones in the Auckland Unitary Plan.
(4)
Auckland Council may include in the Auckland Unitary Plan—
(a)
the objectives and policies set out in clause 6 of Schedule 3A:
(b)
objectives and policies in addition to those set out in clause 6 of Schedule 3A, including objectives and policies that—
(i)
provide for matters of discretion to support the MDRS; and
(ii)
link to any incorporated density standards to reflect how the Council has chosen to modify the MDRS.
(5)
Auckland Council may incorporate the MDRS into a relevant residential zone irrespective of any inconsistent objective or policy in the regional policy statement provisions of the Auckland Unitary Plan.
8 Qualifying matters for Auckland housing planning instrument
(1)
Auckland Council may modify the requirements of clause 4(1)(b) and (c) and policy 3 in any zone in an urban environment to be less enabling of development than provided in that clause or policy only to the extent necessary to accommodate 1 or more of the following qualifying matters that are present:
(a)
a matter specified in section 77I(a) to (i):
(b)
any other matter that makes higher density, as specified by clause 4(1)(b) or (c) or policy 3, inappropriate in an area, but only if subclause (4) is satisfied.
(2)
The evaluation report must, in relation to a proposed amendment to accommodate a qualifying matter under subclause (1)(a) or (b),—
(a)
demonstrate why Auckland Council considers—
(i)
that the area is subject to a qualifying matter; and
(ii)
that the qualifying matter is incompatible with the level of development provided by clause 4(1)(b) or (c) or policy 3 for that area; and
(b)
assess the impact that limiting development capacity, building height, or density (as relevant) will have on the provision of development capacity; and
(c)
assess the costs and broader impacts of imposing those limits.
(3)
The requirements set out in subclause (2)(a) apply only in the area for which Auckland Council is proposing to make an allowance for a qualifying matter.
(4)
The evaluation report must, in relation to a proposed amendment to accommodate a qualifying matter under subclause (1)(b), also—
(a)
identify the specific characteristic that makes the level of development specified by clause 4(1)(b) or (c) or policy 3 inappropriate in the area; and
(b)
justify why that characteristic makes that level of development inappropriate in light of the national significance of urban development and the objectives of the NPS-UD; and
(c)
include a site-specific analysis that—
(i)
identifies the site to which the matter relates; and
(ii)
evaluates the specific characteristic on a site-specific basis to determine the geographic area where intensification needs to be compatible with the specific matter; and
(iii)
evaluates an appropriate range of options to achieve the greatest heights and densities specified by clause 4(1)(b) or (c) or policy 3 while managing the specific characteristics.
(5)
Auckland Council may, when considering existing qualifying matters, instead of undertaking the evaluation process described in subclause (2), do all the following things:
(a)
identify by location (for example, by mapping) where an existing qualifying matter applies:
(b)
specify the alternative heights or densities (as relevant) proposed for those areas identified under paragraph (a):
(c)
identify in the evaluation report why the Council considers that 1 or more existing qualifying matters apply to those areas identified under paragraph (a):
(d)
describe in general terms for a typical site in those areas identified under paragraph (a) the level of development that would be prevented by accommodating the qualifying matter, in comparison with the level of development that would have been provided by clause 4(1)(b) or (c) or policy 3:
(e)
notify the existing qualifying matters in the Auckland housing planning instrument.
(6)
In this clause,—
evaluation report means the evaluation report required under section 32
existing qualifying matter means a qualifying matter referred to in subclause (1)(a) that is operative in the Auckland Unitary Plan when the Auckland housing planning instrument is notified.
9 Withdrawal when recommendations for Plan Change 78 are before Minister
(1)
This clause applies if Auckland Council withdraws any part of Plan Change 78 that relates to 1 or more recommendations that—
(a)
the Council has referred to the Minister under clause 101(2) of Schedule 1; but
(b)
the Minister has not yet decided under clause 105(1) of Schedule 1.
(2)
Auckland Council—
(a)
must advise the Minister of the affected recommendations; and
(b)
may amend any alternative recommendation that has been referred under clause 101(1)(b) of Schedule 1 to reflect the withdrawal.
(3)
Clause 101(3) and (4) of Schedule 1 applies to any alternative recommendation, except that Auckland Council may also consider the impact of the withdrawal.
(4)
The Minister is not required to decide a recommendation under clause 105(1) of Schedule 1 to the extent that it relates to a part of Plan Change 78 that has been withdrawn.
10 Variation of Auckland housing planning instrument
(1)
Auckland Council may prepare a variation to the Auckland housing planning instrument if the Minister amends, in accordance with clause 80 of Schedule 1, the direction to enable a variation.
(2)
Clauses 16A and 16B of Schedule 1 apply to a variation with any necessary modifications, as if the reference in clause 16A(1) to any time before the approval of the policy statement or plan were a reference to any time before Auckland Council notifies a decision on a recommendation of the SPP panel in accordance with clause 86(5) of Schedule 1.
(3)
Auckland Council must submit any variation to the SPP panel as soon as reasonably practicable after it is notified.
(4)
In this clause, direction means the Minister’s direction to Auckland Council (under clause 78 of Schedule 1) to use the streamlined planning process to prepare an Auckland housing planning instrument.
Part 2 Process for Christchurch City Council to withdraw Plan Change 14
11 Minister may approve withdrawal of Plan Change 14
(1)
Christchurch City Council may request the Minister to approve the withdrawal of Plan Change 14.
(2)
The Minister may approve a request to withdraw if satisfied that the operative Christchurch district plan meets the key requirement.
(3)
The key requirement is that the Christchurch district plan has enough feasible housing capacity to meet 30 years of adjusted demand.
(4)
A request for approval to withdraw—
(a)
must provide evidence to demonstrate that the operative Christchurch district plan satisfies the key requirement; but
(b)
is not required to specify whether Christchurch City Council intends to withdraw all or only part of Plan Change 14.
(5)
If the Minister approves a request, the Minister must notify Christchurch City Council in writing.
(6)
If the Minister declines a request, the Minister must notify Christchurch City Council in writing and give reasons.
(7)
In this clause,—
30 years of adjusted demand means—
(a)
the expected demand for housing in Christchurch over a 30-year period, based on—
(i)
the most recent high-growth household growth projections for Christchurch City published by Statistics New Zealand; and
(ii)
any reasonable extrapolations necessary to reflect a 30-year period; and
(b)
an additional 20% of demand, over and above the expected demand described in paragraph (a)
feasible means,—
(a)
for the short and medium term, commercially viable for a developer based on the current relationship between costs and revenue; and
(b)
for the long term, commercially viable for a developer based on the current relationship between costs and revenue or on any reasonable adjustment to that relationship
long term means between 10 and 30 years
short and medium term means within the next 10 years.
12 Christchurch City Council may withdraw Plan Change 14 if Minister approves
(1)
If the Minister approves the withdrawal of Plan Change 14 under clause 11, from the date of that approval, Christchurch City Council—
(a)
may withdraw all or part of Plan Change 14; and
(b)
may withdraw different parts of Plan Change 14 at different times.
(2)
However, Christchurch City Council may not withdraw any part of Plan Change 14—
(a)
that has become operative; or
(b)
in relation to which the Minister has notified the Council under clause 105(3) of Schedule 1 of a decision on a recommendation (whether or not the Council has notified that decision under clause 106(1) of Schedule 1).
(3)
Christchurch City Council must give public notice of any withdrawal, including the reasons for the withdrawal.
13 Consequences if Plan Change 14 withdrawn
(1)
From the date that all or part of Plan Change 14 is withdrawn,—
(a)
Christchurch City Council must continue to progress any parts of Plan Change 14 that are not withdrawn; and
(b)
clause 25(4A) of Schedule 1 ceases to apply to the Council; and
(c)
section 77G ceases to apply to the Council, except in relation to—
(i)
any parts of Plan Change 14 that are not withdrawn; and
(ii)
any private plan change that was adopted or accepted by the Council (under clause 25 of Schedule 1) before the earliest date that any part (or all) of Plan Change 14 was withdrawn; and
(d)
any direction made under sections 80L and 80M that applied to the Council before any part of Plan Change 14 was withdrawn ceases to apply to the Council, except in relation to any parts of Plan Change 14 that are not withdrawn; and
(e)
clause 14 applies to the Council, except in relation to—
(i)
any parts of Plan Change 14 that are not withdrawn; and
(ii)
any private plan change that was adopted or accepted by the Council (under clause 25 of Schedule 1) before part of Plan Change 14 was withdrawn.
(2)
If section 77G continues to apply in relation to any part of Plan Change 14 or private plan change under subclause (1)(c), then, if that relevant part or plan change becomes operative,—
(a)
section 77G ceases to apply in relation to the part or plan change; and
(b)
clause 14 applies in relation to the operative provisions.
14 Alternative requirements to section 77G if Plan Change 14 withdrawn
(1)
This clause applies to Christchurch City Council in accordance with clause 13.
(2)
A relevant residential zone of the Christchurch district plan may have the MDRS incorporated into that zone.
(3)
Every residential zone in an urban environment in the Christchurch district plan must give effect to policy 3 in that zone.
(4)
In carrying out its functions under this section, Christchurch City Council may create new residential zones or amend existing residential zones in the Christchurch district plan.
(5)
Christchurch City Council may include in the Christchurch district plan—
(a)
the objectives and policies set out in clause 6 of Schedule 3A:
(b)
objectives and policies in addition to those set out in clause 6 of Schedule 3A, including objectives and policies that—
(i)
provide for matters of discretion to support the MDRS; and
(ii)
link to any incorporated density standards to reflect how the Council has chosen to modify the MDRS.
(6)
Christchurch City Council may make the requirements in policy 3 less enabling of development than provided for by policy 3 if authorised to do so under section 77I.
(7)
Christchurch City Council may incorporate the MDRS into a relevant residential zone irrespective of any inconsistent objective or policy in a regional policy statement.
15 Withdrawal if recommendations for Plan Change 14 are before Minister
(1)
This clause applies if Christchurch City Council withdraws any part of Plan Change 14 that relates to 1 or more recommendations that—
(a)
the Council has referred to the Minister under clause 101(2) of Schedule 1; but
(b)
the Minister has not yet decided under clause 105(1) of Schedule 1.
(2)
Christchurch City Council—
(a)
must advise the Minister of the affected recommendations; and
(b)
may amend any alternative recommendation that has been referred under clause 101(1)(b) of Schedule 1 to reflect the withdrawal.
(3)
Clause 101(3) and (4) of Schedule 1 applies to any alternative recommendation, except that Christchurch City Council may also consider the impact of the withdrawal.
(4)
The Minister is not required to decide a recommendation under clause 105(1) of Schedule 1 to the extent that it relates to a part of Plan Change 14 that has been withdrawn.
Schedule 2 New Part 8 inserted into Schedule 12
Part 8 Provisions relating to Resource Management (Consenting and Other System Changes) Amendment Act 2025
48 Interpretation
In this Part,—
amendment Act means the Resource Management (Consenting and Other System Changes) Amendment Act 2025
commencement means the day after the amendment Act receives Royal assent.
Consenting
49 Applications for resource consent lodged before commencement
Except as otherwise provided in this Part, this Act as it was immediately before commencement applies to an application for a resource consent that—
(a)
is lodged with a consent authority before commencement; and
(b)
is determined by the consent authority to be complete in accordance with section 88 regardless of when the determination is made.
50 Application of amendments to section 70 (rules about discharges)
The amendments to section 70 made by section 16 of the amendment Act apply to proposed plans notified before, on, or after commencement, including any proposed plan notified before commencement that is the subject of an appeal and any ongoing court proceedings.
51 Application of section 92AA (consequences of applicant’s failure to respond to requests, etc)
Section 92AA applies to an application for a resource consent that is lodged with a consent authority before commencement—
(a)
if the consent authority has not, before commencement, served notice of its decision on the application; and
(b)
as if the reference to 3 months in section 92AA(1)(b) were a reference to 1 year.
52 Application of section 123B (duration of consent for renewable energy and long-lived infrastructure)
(1)
In this clause, application means—
(a)
an application for a resource consent made under this Act; or
(b)
an application for a resource consent made under this Act for the purposes of the Fast-track Approvals Act 2024.
(2)
Section 123B applies to an application that is lodged with a consent authority on or after commencement.
(3)
Section 123B applies to an application that is lodged before commencement if the consent authority has not, before commencement, served notice of its decision on the application.
(4)
However, section 123B does not apply to an application described in subclause (3) if, before the consent authority served notice of its decision, a hearing was held in relation to the application and had concluded.
53 Amendment to section 125 (lapsing of consents)
The amendment to section 125 made by section 46 of the amendment Act applies to a resource consent granted on or after commencement.
54 Amendments to section 128 (circumstances when consent conditions can be reviewed)
The amendments to section 128 made by section 49 of the amendment Act apply—
(a)
to a resource consent granted before, on, or after commencement; and
(b)
only in relation to any contravention of a condition of the consent that occurred after commencement.
Designations
55 When certain amendments relating to designations and notices of requirement apply
The amendments to sections 166, 168, 168A, and 171 made by sections 54 to 57 of the amendment Act apply to—
(a)
an application under section 167 for approval to become a requiring authority made on or after commencement; and
(b)
a notice of requirement under section 168 or 168A given or issued on or after commencement.
56 Designations giving effect to notices of requirement made before commencement
The amendments to sections 184 and 184A made by sections 58 and 59 of the amendment Act do not apply to—
(a)
a designation made in a district plan that gives effect to a notice of requirement under section 168 if the notice of requirement was made before commencement; or
(b)
a designation made in a district plan that gives effect to a notice of requirement under section 168A if the notice of requirement was made before commencement; or
(c)
a designation included in a district plan before or on commencement; or
(d)
a designation made in a district plan that gives effect to a notice of requirement or designation if the notice of requirement or designation was included in the proposed district plan before commencement.
Streamlined planning process
57 Plan changes
If a local authority has applied under section 80C before commencement to use the streamlined planning process for a proposed planning instrument, this Act as it was immediately before commencement, continues to apply to the instrument until it becomes operative.
Natural hazards
58 Application of amendments relating to immediate legal effect of natural hazards rules
The amendments made by sections 28(1), 29, and 50 of the amendment Act apply to proposed plans, plan changes, and variations that are notified on or after commencement.
Rules that control fishing
59 Application of certain provisions relating to rules that control fishing
Sections 2B, 32(2A), 71, and 86B(4A) apply to any rules in a plan that is notified after commencement.
Legislative history
9 December 2024 |
Introduction (Bill 105–1) |
|
17 December 2024 |
First reading and referral to Environment Committee |
|
11 June 2025 |
Reported from Environment Committee (Bill 105–2) |
|
15 July 2025 |
Second reading |
|
13 August 2025 |
Committee of the whole House (Bill 105–3) |
|
14 August 2025 |
Third reading |
|
20 August 2025 |
Royal assent |
This Act is administered by the Ministry for the Environment.
Versions
Resource Management (Consenting and Other System Changes) Amendment Act 2025
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