Natural and Built Environment Act 2023
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Version as at 23 December 2023
Natural and Built Environment Act 2023
Public Act |
2023 No 46 |
|
Date of assent |
23 August 2023 |
|
Commencement |
see section 2 |
Natural and Built Environment Act 2023: repealed, on 23 December 2023, by section 5(1) of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68) (and see Schedule 1 clause 8 of that Act for transitional and savings provisions).
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This Act is administered by the Ministry for the Environment.
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Natural and Built Environment Act 2023.
2 Commencement
(1)
The following provisions come into force on the day after Royal assent:
(a)
(b)
Part 5 (except section 169):
(c)
Part 6 (except section 348):
(e)
subpart 2 of Part 9:
(f)
(g)
Part 11 (except for the sections specified in subsections (3) and (4)):
(h)
Part 12 (except sections 740 and 804):
(i)
Schedules 1 to 6, Parts 2 and 3 of Schedule 7, Schedules 8 to 12, and 14 to 16.
(2)
Subpart 1 of Part 9 comes into force 3 months after Royal assent.
(3)
Sections 348 and 665 to 673 come into force 6 months after Royal assent.
(4)
Sections 660, 708, and 717 to 721 come into force 2 years after Royal assent.
(5)
Section 740 and Schedule 13 come into force on the earlier of—
(a)
a date appointed by the Governor-General by Order in Council made on the recommendation of the Minister for the Environment:
(b)
2 years after the date on which this Act receives the Royal assent.
(6)
The rest of this Act (except for provisions commenced under subsection (9)) comes into force on a date appointed by the Governor-General by Order in Council made on the recommendation of the Minister for the Environment.
(7)
One or more Orders in Council may be made under this section appointing different dates for the commencement of different provisions and for different purposes.
(8)
An Order in Council may bring different provisions of this Act into force on different dates for—
(a)
different districts or regions of local authorities; or
(b)
any area of New Zealand specified in the order.
(9)
An Order in Council may be made under this subsection on the recommendation of the Minister for the Environment and the Minister for Māori Crown Relations: Te Arawhiti and, in the case of the Gisborne region, also on the recommendation of the Minister for Treaty of Waitangi Negotiations, that brings into force on 1 or more dates provisions to enable the regional planning committee composition process set out in Part 1 of Schedule 7 to be initiated for any region or regions.
(10)
The Ministers may make a recommendation under subsection (9) only if the preconditions set out in both paragraphs (a) and (b) or in paragraph (c) are met:
(a)
either—
(i)
the process described in clause 4(2)(c) of Schedule 2 (in relation to entering into agreements with the relevant party that are necessary to uphold the relevant Treaty settlement or the NHNP Act) has been completed in relation to the region for which the Order in Council is to be made (regardless of whether agreement has been reached with the relevant post-settlement governance entity or ngā hapū o Ngāti Porou on upholding its settlement in relation to other regions) and the relevant post-settlement governance entity or ngā hapū o Ngāti Porou has consented to the regional planning committee composition process commencing by the Order in Council; or
(ii)
the process described in clause 4(3) of Schedule 2 (in relation to the enactment of amendments to a Treaty settlement Act or the NHNP Act) has been completed and the amendment legislation described in that provision has been enacted:
(b)
the relevant governance entities or the relevant iwi or hapū have reached agreement on the transitioning of the Mana Whakahono ā Rohe and Joint Management Arrangements (the other arrangements referred to in clause 4(2)(c) of Schedule 2) that are in force on the day after Royal assent:
(c)
2 years have elapsed since the date on which this Act received the Royal assent.
(11)
An Order in Council made under this section is 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. | ||||
Part 1 Purpose and preliminary matters
Subpart 1—Purpose and related matters
3 Purpose of this Act
(1)
The purpose of this Act is to uphold te Oranga o te Taiao.
(2)
The purpose must be achieved in a way that—
(a)
protects the health of the natural environment; and
(b)
subject to paragraph (a), enables the use and development of the environment in a way that promotes the well-being of both present and future generations.
(3)
Te Oranga o te Taiao means all of the following:
(a)
the health of the natural environment; and
(b)
the relationship between the health of the natural environment and its capacity to sustain life; and
(c)
the relationship between the health of the natural environment and the health and well-being of people and communities; and
(d)
the interconnectedness of all parts of the environment; and
(e)
the relationship between iwi and hapū and te Taiao that is based on whakapapa.
4 Means for achieving purpose of Act
This section sets out the following key means to achieve the purpose of the Act:
(a)
system outcomes must be provided for,—
(i)
at the national level, through the national planning framework (see section 128); and
(ii)
at the regional level, in plans (see section 174); and
(b)
environmental limits and their associated mandatory targets must be set in the national planning framework and in plans for each of the domains listed in section 109(1), and compliance with those limits and targets is required; and
(c)
discretionary targets for achieving outcomes may be set in the national planning framework and in plans (see section 120); and
(d)
the national planning framework whose purpose is described in section 102; and
(e)
regional spatial strategies must be prepared under the Spatial Planning Act 2023 to—
(i)
assist in achieving the purpose of this Act and the system outcomes provided under it; and
(ii)
promote integration in the performance of functions under this Act, the Land Transport Management Act 2003, the Local Government Act 2002, and the Water Services Entities Act 2022 (see sections 3 and 4 of the Spatial Planning Act 2023); and
(f)
plans whose purpose is described in section 166; and
(g)
decision-making principles must be applied by decision makers (see section 8); and
(h)
the attributes of places of national importance and highly vulnerable biodiversity areas must be recognised, protected, and sustained for their intrinsic value and for the benefit of both present and future generations (see subpart 5 of Part 7); and
(i)
the protection of natural features (including geoheritage) and landscapes that are outstanding at the local and regional scale may be provided for; and
(j)
the effects of activities on the environment must be managed.
5 Tiriti o Waitangi
All persons exercising powers and performing functions and duties under this Act must give effect to the principles of te Tiriti o Waitangi.
6 System outcomes
(1)
The purpose of providing system outcomes in subsections (2) to (13) is to establish what must be achieved at the national and regional levels to ensure that the purpose of the Act is achieved.
(2)
The following aspects of the environment are protected or, if degraded, are restored:
(a)
the ecological integrity, mana, and mauri of—
(i)
air, water, and soil; and
(ii)
the coastal environment (including the coastal marine area and estuaries), wetlands, and lakes and rivers and their margins; and
(iii)
indigenous biodiversity:
(b)
outstanding natural features (including geoheritage) and outstanding natural landscapes:
(c)
the natural character of the coastal environment (including the coastal marine area and estuaries), wetlands, and lakes and rivers and their margins:
(d)
cultural heritage.
(3)
In relation to climate change,—
(a)
greenhouse gas emissions are reduced to assist New Zealand to meet the target set under section 5Q of the Climate Change Response Act 2002; and
(b)
greenhouse gases are removed from the atmosphere.
(4)
The risks arising from natural hazards and the effects of climate change are reduced and other measures are taken to achieve an environment that is more resilient to those risks.
(5)
The coastal marine area is used sustainably to promote the well-being of both present and future generations.
(6)
Public access to and along the coastal marine area, lakes, and rivers is maintained and enhanced.
(7)
Public recreational use and enjoyment of the natural environment is maintained and enhanced.
(8)
The habitat of trout and salmon is protected, as far as this is consistent with the protection of the habitat of indigenous freshwater species.
(9)
There are well-functioning urban and rural areas that are responsive to the diverse and changing needs of people and their communities in a way that promotes—
(a)
the use and development of land for a variety of activities, including for housing, business use, and primary production; and
(b)
development capacity, in relation to housing and business land, being available well ahead of expected demand; and
(c)
adaptable and resilient urban forms that provide access for people and their communities to and between social, economic, recreational, and cultural opportunities.
(10)
Infrastructure is provided in a timely and ongoing manner to promote the well-being of both present and future generations.
(11)
In order to promote the well-being of both present and future generations, highly productive land is protected—
(a)
for use in land-based primary production; and
(b)
from inappropriate subdivision, use, and development.
(12)
The relationship of iwi and hapū, and the exercise of their kawa, tikanga Māori (including kaitiakitanga), and mātauranga Māori in respect of their ancestral lands, water, sites, wāhi tapu, wāhi tūpuna, and other taonga, are recognised and provided for.
(13)
Statutory acknowledgements are recognised consistently with the provision made for them in the relevant legislation.
7 Providing for outcomes
(1)
The system outcomes described in section 6(2) to (13) must be provided for,—
(a)
at the national level, in the national planning framework; and
(b)
at the regional level, in plans.
(2)
When providing for outcomes, the following approach must be taken:
(a)
the health of the natural environment and its capacity to sustain life must be protected in accordance with the purpose of this Act:
(b)
not all outcomes are required to be achieved in all places or at all times:
(c)
conflict between or among outcomes must be identified and resolved at the highest practicable level within the national planning framework and plans made under this Act:
(d)
as a means of avoiding conflict between outcomes, achieving compatibility between or among outcomes must be preferred rather than achieving one outcome at the expense of another:
(e)
the goal of achieving outcomes, at both the national and regional levels, must be preferred over the goal of avoiding conflict.
Decision-making, procedural, and information principles
8 Decision-making principles
(1)
All persons making recommendations or decisions on the national planning framework or plans must—
(a)
provide for the integrated management of the environment; and
(b)
actively promote the outcomes provided for under this Act; and
(c)
recognise the positive effects of using, developing, and protecting the environment to achieve the outcomes; and
(d)
manage the adverse effects of using and developing the environment in a way that achieves, and does not undermine, the outcomes; and
(e)
manage the cumulative adverse effects of using and developing the environment; and
(f)
not prefer a use because it is either a new or existing use when considering how the outcomes are to be best achieved; and
(g)
have regard to the polluter pays principle; and
(h)
in relation to managing effects, have regard to whether it is appropriate to apply the effects management framework (see section 437) or a similar approach.
(2)
All persons exercising powers and performing functions and duties under this Act must recognise and provide for the responsibility and mana of each iwi and hapū to protect and sustain the health and well-being of te Taiao in accordance with the kawa, tikanga Māori (including kaitiakitanga), and mātauranga Māori in their rohe or takiwā.
(3)
All persons exercising powers and performing functions and duties under this Act must recognise and provide for the protection and exercise of protected customary rights.
9 Procedural principles
(1)
All persons exercising powers and performing functions and duties under this Act must take all practical steps—
(a)
to use timely, efficient, consistent, and cost-effective processes that are proportionate to the functions, powers, and duties being exercised or performed; and
(b)
to promote collaboration between or among local authorities, communities, and Māori on their common resource management issues.
(2)
If no time limit is prescribed for taking an action or making a decision under this Act, the person responsible for the action or decision must take that action or make that decision as promptly as is reasonable in the circumstances.
(3)
All persons making recommendations or decisions on the national planning framework or on a plan must develop framework rules and plan rules that will reduce reliance on resource consenting processes in accordance with the restrictions imposed on activities by or under sections 21 to 26.
10 Information principles
(1)
All persons exercising powers and performing functions and duties under this Act must use the best available information.
(2)
In this section, best available information means the best information that, in the circumstances, is available without unreasonable cost, effort, or time.
(3)
A person who is required to use the best available information must not delay making decisions solely because of uncertainty about the quality or quantity of the information available.
(4)
If information required for making a decision under this Act is uncertain or inadequate, a person exercising powers and performing functions and duties under this Act must favour—
(a)
caution; and
(b)
providing a level of protection for the natural environment and cultural heritage that is proportionate to the risks and effects involved.
Subpart 2—Other preliminary matters
Definitions
11 Interpretation
(1)
In this Act, unless the context otherwise requires,—
abatement notice means a notice served under section 649
abiotic, in relation to a part of the environment, means non-living
access strip means a strip of land created by the registration of an easement in accordance with clause 6 of Schedule 11
accommodated activity has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
accredited means holding a qualification approved and notified under clause 82 of Schedule 6
ADR process has the meaning given in clause 60 of Schedule 13
adverse effect does not include a minimal effect
affected application has the meaning given in clause 1 of Schedule 10
affected person means a person who is specified by or under this Act as an affected person in relation to an application for a resource consent or a matter
agent and agent of a ship mean—
(a)
an agent in New Zealand of the owner of a ship; or
(b)
an agent of a ship
aircraft means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by reactions of the air against the surface of the earth
airport means any defined area of land or water intended or designed to be used, whether wholly or partly, for the landing, departure, movement, or servicing of aircraft
allocation framework—
(a)
means the provisions of this Act, the national planning framework, other regulations, and plans and regulations that relate to allocation methods and the allocation of resources (other than natural resources subject to Part 8); and
(b)
includes sections 156, 157, 158, 194 to 197, and 793 and clauses 1 to 11 of Schedule 10
allocation method means, except in Part 8, a method to determine the allocation of a resource, and includes (but is not limited to) the following:
(a)
standard consenting process:
(b)
comparative consenting process:
(c)
standard consenting process modified by a market-based allocation method (but see sections 158(5) and 196(4))
allotment has the meaning given in section 575
anticipated activity means an activity described in section 140
aquaculture activities—
(a)
means any activity described in section 23 that is carried out for the purpose of the breeding, hatching, cultivating, rearing, or ongrowing fish, aquatic life, or seaweed for harvest if the breeding, hatching, cultivating, rearing, or ongrowing involves the occupation of a coastal marine area; and
(b)
includes the taking of harvestable spat if the taking involves the occupation of a coastal marine area; but
(c)
does not include an activity specified in paragraph (a) if the fish, aquatic life, or seaweed—
(i)
is not in the exclusive and continuous possession or control of the person undertaking the activity; or
(ii)
cannot be distinguished or kept separate from naturally occurring fish, aquatic life, or seaweed; and
(d)
does not include an activity specified in paragraph (a) or (b) if the activity is carried out solely for the purpose of monitoring the environment
aquaculture area means an area established in a plan for the purpose of managing aquaculture activities
aquaculture area decision has the meaning given in section 186C of the Fisheries Act 1996
aquaculture settlement area has the meaning given in section 4 of the Maori Commercial Aquaculture Claims Settlement Act 2004
aquatic life has the meaning given in section 2(1) of the Fisheries Act 1996
arable land use means the use of land to grow any of the following crops for harvest:
(a)
grain cereal, legumes, or pulse grain:
(b)
herbage seed:
(c)
oilseed:
(d)
maize grain, maize silage, cereal silage, or mangels:
(e)
crops grown for seed multiplication:
(f)
a crop prescribed in regulations made under section 398(1)(a)
area of interest means the area that iwi authorities or groups representing hapū identify as their traditional rohe
auditor, in relation to freshwater farm plans, has the meaning given in section 386
bed means,—
(a)
in relation to a river,—
(i)
for the purposes of esplanade reserves, esplanade strips, and subdivisions, the space of land that the waters of the river cover at its annual fullest flow without overtopping its banks:
(ii)
for the purposes of Part 2 and section 50, the bed of a braided river (or other wandering river) is determined as follows:
(A)
in accordance with criteria or methodologies set out in the national planning framework or regulations made under section 801; or
(B)
if no regulations apply, by agreement between a regional planning committee and the Minister; or
(C)
if no regulations or agreement applies, by the Environment Court, using its powers to make a declaration; or
(D)
if no regulations, agreement, or declaration determines the matter, the space of land that the waters cover at its fullest flow without overtopping its banks:
(iii)
in all other cases, the space of land that the waters of the river cover at its fullest flow without overtopping its banks; and
(b)
in relation to a lake (other than a lake controlled by artificial means),—
(i)
for the purposes of esplanade reserves, esplanade strips, and subdivisions, the space of land that the waters of the lake cover at its highest level without exceeding its margin:
(ii)
in all other cases, the space of land that the waters of the lake cover at its highest level without exceeding its margin; and
(c)
in relation to a lake controlled by artificial means, the space of land that the waters of the lake cover at its maximum permitted operating level:
(d)
in relation to the sea, the submarine areas covered by the internal waters and the territorial sea
benefits and costs includes benefits and costs of any kind, whether monetary or non-monetary
best practicable option, in relation to a discharge of a contaminant or an emission of noise, means the best method for preventing or minimising the adverse effects on the environment, having regard, among other things, to—
(a)
the nature of the discharge or emission and the sensitivity of the receiving environment to adverse effects; and
(b)
the financial implications, and the effects on the environment, of that option when compared with other options; and
(c)
the current state of technical knowledge and the likelihood that the option can be successfully applied
biophysical means relating to biotic or abiotic physical features
business land means land that is zoned for business use in an urban area, including, for example, in the following zones:
(a)
an industrial zone:
(b)
a commercial zone:
(c)
a large format retail zone:
(d)
a mixed-use zone, to the extent that it allows business uses:
(e)
a special purpose zone, to the extent that it allows business uses
cadastral survey dataset has the meaning given in section 4 of the Cadastral Survey Act 2002
certificate of approval has the meaning given in section 573
certificate of completion, in relation to a subdivision consent, has the meaning given in section 573
certificate of compliance means a certificate granted by a consent authority or the EPA under section 354
certificate that consent conditions are complied with, in relation to a subdivision consent, has the meaning given in section 573
certified freshwater farm plan has the meaning given in section 386
certifier has the meaning given in section 386
chief executive means the chief executive of the Ministry for the Environment
CIP has the meaning given in section 511
clause 94 order has the meaning given in clause 1 of Schedule 13
climate change means a change of climate that—
(a)
can be attributed directly or indirectly to human activity that alters the composition of the global atmosphere; and
(b)
in addition to natural climate variability, can be observed over comparable time periods
closed register has the meaning given in section 415
coastal marine area means the foreshore, seabed, and coastal waters, and the airspace above the water,—
(a)
of which the seaward boundary is the outer limits of the territorial sea; and
(b)
of which the landward boundary is the line of mean high-water springs, except that where that line crosses a river, the landward boundary at that point is whichever is the lesser of—
(i)
1 kilometre upstream from the mouth of the river; or
(ii)
the point upstream that is calculated by multiplying the width of the river mouth by 5
coastal permit has the meaning set out in section 220
coastal water means seawater within the outer limits of the territorial sea, and includes—
(a)
seawater with a substantial freshwater component; and
(b)
seawater in estuaries, fiords, inlets, harbours, or embayments
commercial aquaculture has the meaning given in section 4 of the Maori Commercial Aquaculture Claims Settlement Act 2004
commercial fishing has the meaning given in section 2(1) of the Fisheries Act 1996
common marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
company lease means a lease or licence (including a licence within the meaning of section 122 of the Land Transfer Act 2017) or other right of occupation of any building or part of any building on, or to be erected on, any land—
(a)
that is granted by a company owning an estate or interest in the land; and
(b)
that is held by a person by virtue of being a shareholder in the company
comparative consenting process means the consenting process described in clauses 2 to 11 of Schedule 10
conditions, in relation to plans and resource consents, includes terms, standards, restrictions, and prohibitions
consent authority means a local authority whose permission is required to carry out an activity for which a resource consent is required under this Act
conservation area has the meaning given in section 573
conservation planning document has the meaning given in section 415
constable has the meaning given in section 4 of the Policing Act 2008
constituent districts, in relation to a region, means the districts that lie wholly or in part within the boundaries of the region
contaminant includes any substance (including gases, odorous compounds, liquids, solids, and micro-organisms) or energy (excluding noise) or heat that either by itself or in combination with the same, similar, or other substances, energy, or heat,—
(a)
when discharged into water, changes or is likely to change the physical, chemical, or biological condition of the water; or
(b)
when discharged onto or into land or into air, changes or is likely to change the physical, chemical, or biological condition of the land or air onto or into which it is discharged
contaminated land means land where a contaminant is present—
(a)
in any physical state in, on, or under the land; and
(b)
in concentrations that—
(i)
exceed an environmental limit; or
(ii)
pose an unacceptable risk to human health or the environment
contravene includes to fail to comply with
critical habitat has the meaning given in section 415
cross lease means a lease of a building or part of a building on, or to be erected on, land that is—
(a)
granted by an owner of the land; and
(b)
held by a person who has an estate or interest in an undivided share in the land
Crown organisation has the meaning given in section 4 of the Crown Organisations (Criminal Liability) Act 2002
cultural heritage—
(a)
means those aspects of the environment that contribute to an understanding and appreciation of New Zealand’s history and cultures that possess any of the following qualities:
(i)
archaeological:
(ii)
architectural:
(iii)
cultural:
(iv)
historic:
(v)
scientific:
(vi)
technological; and
(b)
includes—
(i)
historic sites, structures, places, and areas; and
(ii)
archaeological sites; and
(iii)
sites of significance to Māori, including wāhi tapu and wāhi tūpuna; and
(iv)
the surroundings associated with sites referred to in subparagraphs (i) to (iii); and
(v)
cultural landscapes
customary marine title agreement means an agreement entered into under section 95 of the Marine and Coastal Area (Takutai Moana) Act 2011
customary marine title area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
customary marine title group has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
customary marine title order has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
deposit, in relation to a survey plan or reclamation plan,—
(a)
means a deposit by the Registrar-General of Land under the Land Transfer Act 2017; and
(b)
includes approval by the chief executive of Land Information New Zealand under section 584(3) (which section 584(4)(a) deems to be a deposit by the Registrar-General of Land)
deposit requirements has the meaning given in section 573
designation means a provision made in a plan to give effect to a notice of requirement made by a requiring authority under section 517 and any associated primary CIP
determination, in relation to coastal permits for aquaculture activities, has the meaning given in section 324
development capacity, in relation to housing and business land, means the capacity of land for both brownfield and greenfield urban development, based on—
(a)
the zoning, outcomes, policies, rules, and overlays that apply to the land under the relevant proposed and operative plans; and
(b)
the capacity to meet the expected long-, medium-, and short-term requirements, including enabling housing choice and affordability; and
(c)
the provision of adequate development infrastructure to support the development of the land
development infrastructure means the network of infrastructure for—
(a)
water supply, wastewater, and stormwater; and
(b)
land transport (as defined in section 5(1) of the Land Transport Management Act 2003), to the extent that it is controlled by the local authorities
Director of Maritime New Zealand and Director mean the person for the time being holding the office of Director of Maritime New Zealand under section 439 of the Maritime Transport Act 1994
discharge includes to emit, deposit, and allow to escape
discharge permit has the meaning set out in section 220(e)
discretionary activity means an activity described in section 140
district, in relation to a territorial authority,—
(a)
means the district of the territorial authority as determined in accordance with the Local Government Act 2002; and
(b)
includes, for the purposes of section 262, any area in the coastal marine area
dumping—
(a)
means,—
(i)
in relation to waste or other matter, its deliberate disposal; and
(ii)
in relation to a ship, an aircraft, or an offshore installation, its deliberate disposal or abandonment; but
(b)
does not include the disposal of waste or other matter incidental to, or derived from, the normal operations of a ship, aircraft, or offshore installation if—
(i)
those operations are prescribed by regulations made under section 800 as the normal operations of a ship, aircraft, or offshore installation; or
(ii)
the purpose of those operations does not include the disposal, or the treatment or transportation for disposal, of that waste or other matter
dwelling house means—
(a)
any building, whether permanent or temporary, that is occupied, in whole or in part, as a residence; and
(b)
includes any structure or outdoor living area that is accessory to, and used wholly or principally for the purposes of, the residence; but
(c)
does not include the land upon which the residence is sited
ecological integrity means the ability of the natural environment to support and maintain the following:
(a)
representation: the occurrence and extent of ecosystems and indigenous species and their habitats; and
(b)
composition: the natural diversity and abundance of indigenous species, habitats, and communities; and
(c)
structure: the biotic and abiotic physical features of ecosystems; and
(d)
functions: the ecological and physical functions and processes of ecosystems
ecosystem means any system of organisms interacting with their physical environment and with each other, at any scale
effect—
(a)
includes, irrespective of the scale, intensity, duration, or frequency,—
(i)
any positive or adverse effect; and
(ii)
any temporary or permanent effect; and
(iii)
any past, present, or future effect; and
(iv)
any cumulative effect arising over time or in combination with other effects; and
(b)
also includes—
(i)
any potential effect of high probability; and
(ii)
any potential effect of low probability which has a high potential impact
effects management framework means the framework described in section 437
eligible infrastructure has the meaning given in section 8 of the Infrastructure Funding and Financing Act 2020
emissions reduction plan means the emissions reduction plan prepared under the Climate Change Response Act 2002
employee includes,—
(a)
in relation to a Crown organisation, the chief executive or principal officer (however described) of the organisation; and
(b)
in relation to the New Zealand Defence Force, a member of the Armed Forces (as defined in section 2(1) of the Defence Act 1990)
enforceable undertaking means an undertaking accepted by an NBE regulator under section 665
enforcement action has the meaning given in section 732
enforcement function has the meaning given in section 732
enforcement officer, in relation to any provision of this Act, means a person appointed by a local authority, consent authority, the Department of Conservation, or the EPA or an NBE regulator to exercise the functions, powers, or duties of an enforcement officer under that provision
engagement agreement means an agreement provided for under Part 1 of Schedule 6
environment means, as the context requires,—
(a)
the natural environment:
(b)
people and communities and the built environment that they create:
(c)
the social, economic, and cultural conditions that affect the matters stated in paragraphs (a) and (b) or that are affected by those matters
Environment Court means the Environment Court continued by clause 3 of Schedule 13
environmental compensation means any measure taken for the purpose of ensuring positive effects on the environment are achieved to compensate for adverse effects on the environment
environmental contribution and contribution mean a contribution—
(a)
in money:
(b)
in land, including an esplanade or esplanade strip (other than if required in respect of a subdivision):
(c)
as a combination of money and land; but
(d)
do not include Maori land (within the meaning of Te Ture Whenua Maori Act 1993), unless that Act provides otherwise
environmental limit—
(a)
means an environmental limit set under section 110—
(i)
that relates to the ecological integrity of an aspect of the natural environment; or
(ii)
that relates to human health; but
(b)
if a minimum acceptable limit is set under section 112 that relates to an aspect of the natural environment for which an environmental limit is required, means the minimum acceptable limit
Environmental Protection Authority and EPA mean the authority established by section 7 of the Environmental Protection Authority Act 2011
esplanade reserve means a reserve within the meaning of the Reserves Act 1977—
(a)
that is—
(i)
a local purpose reserve within the meaning of section 23 of that Act, if vested in the territorial authority under section 593; or
(ii)
a reserve vested in the Crown or a regional council under section 619; and
(b)
that is vested in the territorial authority, regional council, or the Crown for 1 or more of the purposes set out in section 609
esplanade strip means a strip of land created by the registration of an instrument in accordance with section 617 for 1 or more of the purposes set out in section 609
existing use certificate means a certificate issued under section 358 or 359
exploration has the meaning given in section 2(1) of the Crown Minerals Act 1991
extended order means a clause 94 order with the extended effect described in clause 94(4) of Schedule 13
farm operator has the meaning given in section 386
fast-track consenting process means the process described in clause 12 of Schedule 10
fish has the meaning given in section 2(1) of the Fisheries Act 1996
fisheries resources has the meaning given in section 2(1) of the Fisheries Act 1996
fishing has the meaning given in section 2(1) of the Fisheries Act 1996
foreshore—
(a)
means any land covered and uncovered by the flow and ebb of the tide at mean spring tides; but
(b)
in relation to land that forms part of the bed of a river, does not include any area that is not within the coastal marine area
framework outcomes means outcomes provided for in the national planning framework
framework policy means a policy provided for in the national planning framework
framework rule means a rule in the national planning framework
freshwater means all water except coastal water and geothermal water
geothermal energy—
(a)
means energy derived or derivable from, and produced within the earth by, natural heat phenomena; and
(b)
includes all geothermal water
geothermal water—
(a)
means water heated within the earth by natural phenomena to a temperature of 30 degrees Celsius or more; and
(b)
includes all steam, water, and water vapour, and every mixture of all or any of them that has been heated by natural phenomena
greenhouse gas has the meaning given in section 4(1) of the Climate Change Response Act 2002
HAIL means the Hazardous Activities and Industries List published on an Internet site maintained by the Ministry for the Environment
harmful substance means any substance prescribed by regulations made under section 800 for the purpose of this definition
harvestable spat has the meaning given in section 2(1) of the Fisheries Act 1996
hazardous substance includes any substance defined in section 2 of the Hazardous Substances and New Organisms Act 1996 as a hazardous substance
heritage protection authority means—
(a)
any Minister of the Crown, including—
(i)
the Minister of Conservation acting either on their own initiative or on the recommendation of the New Zealand Conservation Authority, a local conservation board, the New Zealand Fish and Game Council, or a Fish and Game Council; and
(ii)
the Minister for Māori Development acting either on their own initiative or on the recommendation of any iwi authority, group representing hapū, or other Māori group with interests in a given place:
(b)
a local authority acting either on its own initiative or on the recommendation of any iwi authority, group representing hapū, or other Māori group with interests in a given place:
(c)
Heritage New Zealand Pouhere Taonga, in so far as it carries out its functions under section 13(1)(i) of the Heritage New Zealand Pouhere Taonga Act 2014:
(d)
any Māori group or body corporate that is approved as a heritage protection authority under section 560
heritage protection order means an interim order made by a heritage protection authority and notified under section 562 to protect the place identified in the order until the order ends under section 564(4)(b)
highly vulnerable biodiversity area and HVBA have the meaning given in section 415
horticultural land use has the meaning given in section 386
identified Māori land has the meaning given in section 511
IHP means an independent hearings panel
incident, for the purposes of Part 11, has the meaning given in section 732
incinerate, in relation to waste or other matter, means its deliberate combustion for the purpose of its thermal destruction
indigenous biodiversity—
(a)
means the variety of indigenous living organisms and the ecological complexes of which they are a part; and
(b)
includes diversity within species, between species, and the diversity of ecosystems
industrial or trade premises—
(a)
means—
(i)
premises used for industrial or trade purposes; and
(ii)
premises used for the storage, transfer, treatment, or disposal of waste materials or for other waste-management purposes; or
(iii)
premises used for composting organic materials; or
(iv)
other premises from which a contaminant is discharged in connection with any industrial or trade process; but
(b)
does not include any production land
industrial or trade process includes—
(a)
every part of a process from the receipt of raw material to the dispatch or use in another process or disposal of any product or waste material; and
(b)
any intervening storage of the raw material, partly processed matter, or product
infrastructure means the structures, facilities and networks required to support the functioning of the economy, communities, the health and safety of people, or the protection of the environment, and includes—
(a)
infrastructure provided by a requiring authority; and
(b)
infrastructure provided by a network utility operator; and
(c)
infrastructure provided by a requiring authority other than a network utility operator for a project or work that meets the significant public benefit criteria in section 514(6); and
(d)
eligible infrastructure within the meaning of section 8 of the Infrastructure Funding and Financing Act 2020; and
(e)
electricity generation facilities that—
(i)
connect directly to the national grid electricity transmission network; or
(ii)
connect to a local distribution network; and
(f)
activities undertaken by Kāinga Ora under section 131 of the Urban Development Act 2020; and
(g)
nationally significant infrastructure within the meaning of section 9 of the Urban Development Act 2020; and
(h)
district or regional resource recovery or waste disposal facilities; and
(i)
a relevant school or institution as defined in the Education and Training Act 2020; and
(j)
a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001; and
(k)
fire and emergency services facilities
infringement fee, in relation to an infringement offence, means the amount fixed by regulations made under section 799 as the infringement fee for the offence
infringement offence means an offence specified as such in regulations made under section 799
interim enforcement order means an order made under section 643
internal waters has the meaning given in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977
intrinsic values, in relation to ecosystems, means those aspects of ecosystems and their constituent parts which have value in their own right, including—
(a)
their biological and genetic diversity; and
(b)
the essential characteristics that determine an ecosystem’s integrity, form, functioning, and resilience
iwi authority means the authority that represents an iwi and which is recognised by that iwi as having the authority to do so
iwi and hapū participation legislation means legislation (other than this Act) that provides a role for iwi or hapū in processes under this Act, including Treaty settlement legislation
joint management agreement means an agreement of the kind described in section 63
kaitiakitanga means the exercise of guardianship by the tangata whenua of an area in accordance with tikanga Māori in relation to natural and physical resources
lake means a body of freshwater which is entirely or nearly surrounded by land
land—
(a)
includes land covered by water and the airspace above land; and
(b)
in a framework rule or plan rule dealing with a matter within the responsibility of a regional council under section 50, does not include the bed of a lake or river; and
(c)
in a framework rule or a plan rule dealing with a matter within the responsibility of a territorial authority under section 52, includes the surface of water in a lake or river
land use consent has the meaning given in section 220 and may be a regional land use consent or a district land use consent
lawyer has the meaning given in section 6 of the Lawyers and Conveyancers Act 2006
limited notification means serving notice on any affected person within any applicable time limit specified by or under this Act
limited order means an order with the limited effect described in clause 94(3) of Schedule 13
local board has the meaning given in section 5(1) of the Local Government Act 2002
mahinga mātaitai means an area from which food resources are gathered
Mana Whakahono ā Rohe means an iwi and hapū participation arrangement entered into under subpart 6 of Part 3
mana whenua means customary authority exercised by an iwi or hapū in an identified area
management unit means a geographic area defined for the purpose of planning and managing activities to meet an environmental limit or target
Māori land has the meaning given in section 4 of Te Ture Whenua Maori Act 1993
marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
marine incineration facility has the meaning given in section 257 of the Maritime Transport Act 1994
Maritime New Zealand means the authority continued by section 429 of the Maritime Transport Act 1994
market-based allocation method means auction, tender, or any other method by which the allocation of a right to apply for a resource consent is determined through a process involving competing offers (see also sections 158(6) and 196(5))
master, in relation to a ship, has the meaning given in section 2(1) of the Maritime Transport Act 1994
mātaitai means food resources from the sea
mineral has the meaning given in section 2(1) of the Crown Minerals Act 1991
minimum acceptable limit means a limit set in the national planning framework or a plan that relates to the ecological integrity of an aspect of the natural environment for which an environmental limit is required (see section 112)
minimum level target has the meaning given in section 119(3)
mining has the meaning given in section 2(1) of the Crown Minerals Act 1991
Minister and Minister for the Environment mean the Minister of the Crown who, under any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
Minister of Conservation means the Minister who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of the Conservation Act 1987
Minister responsible for aquaculture means the Minister who, under the authority of a warrant or with the authority of the Prime Minister, has overall responsibility for aquaculture activities
Minister responsible for fisheries means the Minister who, under the authority of a warrant or with the authority of the Prime Minister, has overall responsibility for fisheries
mouth, for the purpose of defining the landward boundary of the coastal marine area, means the mouth of the river, either—
(a)
as agreed and set by the Minister of Conservation, the regional council, and the appropriate territorial authority in the period between consultation on, and notification of, the proposed plan or plan change; or
(b)
as declared by the Environment Court under section 637 upon application by the Minister of Conservation, the regional council, or the territorial authority before the plan or plan change becomes operative; but
(c)
subject to section 173(3), the area as agreed and set or declared must not be changed, varied, or altered
national adaptation plan means the national adaptation plan prepared under the Climate Change Response Act 2002
national park means a national park under the National Parks Act 1980
national planning framework means the national planning framework made by Order in Council under section 103
natural and physical resources includes land, water, air, soil, minerals, and energy, all forms of plants and animals (whether native to New Zealand or introduced), and all structures
natural environment means—
(a)
land, water, air, soil, minerals, energy, and all forms of plants, animals, and other living organisms (whether native to New Zealand or introduced) and their habitats; and
(b)
ecosystems and their constituent parts
natural hazard—
(a)
means any atmospheric or earth- or water-related occurrence (including earthquake, tsunami, erosion, volcanic and geothermal activity, landslip, subsidence, sedimentation, wind, drought, fire, or flooding) the action of which adversely affects or may adversely affect human life, property, or other aspects of the environment; and
(b)
includes the effects of climate change on any of those occurrences; and
(c)
includes soil that contains concentrations of naturally occurring contaminants that pose an ongoing risk to human health
NBE regulator has the meaning given in section 635
Nelson and Tasman unitary authorities has the meaning given in section 165
network utility operator means a person who—
(a)
undertakes or proposes to undertake the distribution or transmission by pipeline of natural or manufactured gas, petroleum, biofuel, or geothermal energy; or
(b)
operates or proposes to operate a network for the purpose of—
(i)
telecommunication, as defined in section 5 of the Telecommunications Act 2001; or
(ii)
radiocommunications, as defined in section 2(1) of the Radiocommunications Act 1989; or
(c)
is an electricity operator or electricity distributor as defined in section 2(1) of the Electricity Act 1992 for the purpose of line function services as defined in that section; or
(d)
undertakes or proposes to undertake the distribution of water for supply (including irrigation); or
(e)
undertakes or proposes to undertake a drainage or sewerage system; or
(f)
constructs, operates, or proposes to construct or operate a road or railway line; or
(g)
is an airport authority as defined in section 2(1) of the Airport Authorities Act 1966 for the purposes of operating an airport as defined in that section; or
(h)
is a provider of any approach control service within the meaning of the Civil Aviation Act 1990; or
(i)
is a responsible special purpose vehicle that is constructing or proposing to construct eligible infrastructure; or
(j)
undertakes or proposes to undertake a project or work prescribed as a network utility operation for the purposes of this definition by regulations made under section 791; or
(k)
is a provider of an emergency service (such as an ambulance or fire service); or
(l)
operates the land part of a port operation (including warehousing and distribution facilities associated with the port) that is contiguous with and adjacent to the coastal marine area; or
(m)
operates an inland port (not contiguous with the coastal marine area) or the landward operations of a seaward port operated under the Port Companies Act 1988
New Zealand Threat Classification System means the system administered by the Department of Conservation to assess the threat status of indigenous species of plants and animals
ngā hapū o Ngāti Porou has the meaning given in section 10 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
NHNP Act means provisions of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019 that relate to the exercise of a power or the performance of a function or duty under the Resource Management Act 1991
nitrogenous fertiliser has the meaning given in section 400
noise includes vibration
notification means limited notification or public notification
notice of decision means—
(a)
a copy of a decision on—
(i)
an application for a resource consent; or
(ii)
a requirement for a designation; or
(iii)
a provision of a national planning framework or plan; or
(b)
a notice summarising a decision under paragraph (a)
notice of ongoing requirements has the meaning given in section 573
NPF proposal means—
(a)
a proposed national planning framework; or
(b)
a proposed change to the national planning framework
occupier—
(a)
means the person occupying a property; and
(b)
means, for the purposes of section 19, in relation to land, premises, and the coastal marine area, an agent, employee, or other person acting (or seeming to act) in the general management or control of the land, or of any premises, plant, or machinery on that land
occupy, in relation to the coastal marine area, means the activity of occupying any part of the coastal marine area—
(a)
where the occupation is reasonably necessary for another activity; and
(b)
where the occupation is to the exclusion of any persons or class of persons not expressly allowed to occupy that part of the coastal marine area under a rule in a plan or by a resource consent; and
(c)
where a lease or licence to occupy that part of the coastal marine area would be necessary to give effect to the exclusion of other persons, whether in a physical or legal sense, but for a rule in the plan or the holding of a resource consent under this Act
offshore installation has the meaning given in section 222(1) of the Maritime Transport Act 1994
oil transfer site has the meaning given in section 281 of the Maritime Transport Act 1994
on-scene commander has the meaning given in section 281 of the Maritime Transport Act 1994
open coastal water means coastal water that is remote from estuaries, fiords, inlets, harbours, and embayments
operative, in relation to a provision in a plan, means that the provision or plan—
(a)
has come into force and has legal effect; and
(b)
has not ceased to be operative
outcomes means system, framework, and plan outcomes
owner,—
(a)
in relation to land, means the person entitled to the rack rent of the land or who would be if the land were let to a tenant at a rack rent, and includes—
(i)
the owner of the fee simple estate in the land; and
(ii)
any person who has agreed in writing, conditionally or unconditionally, to purchase the land or a leasehold estate or interest in the land, or take a lease of the land, while the agreement is in force:
(b)
in relation to a ship, offshore installation, or oil transfer site, has the meaning given in section 222(2) of the Maritime Transport Act 1994
participating authorities, in relation to Mana Whakahono ā Rohe, has the meaning given in section 86
pastoral land use has the meaning given in section 386
pecuniary penalty means a penalty imposed under section 717
permitted activity means an activity described in section 140
permitted activity notice means an activity described in section 362
person includes—
(a)
the Crown, a corporation sole, and a body of persons, whether corporate or unincorporate; and
(b)
the successor of that person
place of national importance has the meaning given in section 415
plan—
(a)
means a natural and built environment plan made in accordance with Schedule 6; and
(b)
includes a proposed natural and built environment plan, unless otherwise expressly stated
plan change means a change proposed to be made to a plan using 1 of the plan change processes listed in clause 7(1) of Schedule 6
plan outcomes means outcomes provided for in plans
plan rule means a rule in a plan or proposed plan
polluter has the meaning given in section 411
polluter pays principle has the meaning given in section 404
primary CIP has the meaning given in section 511
primary submission means a submission made in accordance with clause 36 of Schedule 6
private road has the meaning given in section 315(1) of the Local Government Act 1974
private way has the meaning given in section 315(1) of the Local Government Act 1974
production land—
(a)
means any land and auxiliary buildings used for the production (but not processing) of primary products (including agricultural, pastoral, horticultural, and forestry products); but
(b)
does not include land or auxiliary buildings used or associated with prospecting, exploration, or mining for minerals
prohibited activity means an activity described in section 140
proposed plan—
(a)
means a proposed plan or a variation or change to a proposed plan that has been notified under clause 34 of Schedule 6 or given limited or targeted notification under Schedule 6, but that has not become operative in accordance with that schedule; and
(b)
includes an independent plan or independent plan change proposed under subpart 2 of Part 2 of Schedule 6
prospecting has the meaning given in section 2(1) of the Crown Minerals Act 1991
protected customary right has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
protected customary rights area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
protected customary rights group has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
protected customary rights order has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
public authority has the meaning given in section 57(5)
public notice has the meaning given in section 12
public notification means giving public notice of an application for a resource consent or a matter in the manner required by section 12 and within any applicable time limit specified by or under this Act
public work, for the purposes of Part 9, has the meaning given in section 511
raft—
(a)
means any moored floating platform which is not self-propelled; and
(b)
includes platforms that provide buoyancy support for the surfaces on which fish or marine vegetation are cultivated or for any cage or other device used to contain or restrain fish or marine vegetation; but
(c)
does not include booms situated on lakes subject to artificial control which have been installed to ensure the safe operation of electricity generating facilities
reclamation plan has the meaning given in section 573
record of title has the meaning given in section 5(1) of the Land Transfer Act 2017
region—
(a)
has the meaning given in section 5(1) of the Local Government Act 2002; and
(b)
includes the area administered by the Chatham Islands Council under the Chatham Islands Council Act 1995
regional council—
(a)
has the meaning given in section 5(1) of the Local Government Act 2002; and
(b)
includes a unitary authority
regional planning committee means a regional planning committee appointed under section 169
regional spatial strategy, in relation to a region, means the spatial strategy that is made for the region under the Spatial Planning Act 2023
registered owner means a person who is registered as an owner under the Land Transfer Act 2017
regulations means regulations made under this Act
remove any sand, shingle, shell, or other natural material has the meaning given in section 23(8)
renewable energy means energy produced from solar, wind, hydro, geothermal, biomass, tidal, wave, and ocean current sources
requiring authority means—
(a)
a Minister of the Crown; or
(b)
a local authority; or
(c)
a council-controlled organisation; or
(d)
a network utility operator approved as a requiring authority under section 513; or
(e)
an applicant, other than a network utility operator, approved as a requiring authority under section 513
reservation has the meaning given in section 2(1) of the Fisheries Act 1996
reserve means a reserve under the Reserves Act 1977
resource allocation principles has the meaning given in section 156
resource consent—
(a)
means a consent or permit described in section 220; and
(b)
includes any conditions to which a consent or permit is subject
responsible infrastructure authority has the meaning given in section 511
responsible special purpose vehicle has the meaning given in section 511
risk, in relation to the system outcome established by section 6(5), has the meaning given in section 4 of the Civil Defence Emergency Management Act 2002
river—
(a)
means a body of freshwater that is continuously or intermittently flowing; and
(b)
includes a stream and modified watercourse; but
(c)
does not include an artificial watercourse, including an irrigation canal, a water supply race, a canal for the supply of water for electric power generation, a farm drainage canal, or any other artificial watercourse
road—
(a)
has the meaning given in section 315(1) of the Local Government Act 1974; and
(b)
includes a motorway within the meaning of section 2(1) of the Government Roading Powers Act 1989
rule means a rule in a plan (see subpart 3 of Part 5)
seaweed has the meaning given in section 2(1) of the Fisheries Act 1996
secondary CIP means a secondary construction and implementation plan under section 518
secondary submission means a submission made in accordance with clause 39 of Schedule 6
serve means service in accordance with sections 742 to 744, as relevant
ship has the meaning given in section 2(1) of the Maritime Transport Act 1994
significant biodiversity area means a place that meets the criteria for significant biodiversity set out in the national planning framework
soil conservation means avoiding, minimising, or remedying soil erosion and maintaining the physical, chemical, and biological qualities of soil
space, in relation to the coastal marine area, means any part of the foreshore, seabed, and coastal water, and the airspace above the water
special purpose vehicle has the meaning given in section 511
specified cultural heritage means cultural heritage that—
(a)
meets the criteria for inclusion in the New Zealand Heritage List/Rārangi Kōrero as a Category 1 historic place, historic area, wāhi tapu, wāhi tapu area, or wāhi tūpuna; or
(b)
is on the list of National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna kōrero Tūturu; or
(c)
is a wāhi tapu, wāhi tapu area, or wāhi tūpuna for which there is an application notified but not determined under section 68(4) of the Heritage New Zealand Pouhere Taonga Act 2014
specified instrument has the meaning given in section 386
State highway has the meaning given in section 2(1) of the Government Roading Powers Act 1989
statutory acknowledgement means an acknowledgement made by the Crown in respect of a statutory area, on the terms set out in the relevant iwi and hapū participation legislation listed in Schedule 14
statutory area means the area subject to a statutory acknowledgement, as defined in the relevant iwi and hapū participation legislation
strategic content of a plan means the content described in section 171(1)
structure—
(a)
means any building, equipment, device, or other facility that is made by people and fixed to land; and
(b)
includes any raft
subdivision consent has the meaning given in section 220
subdivision of land has the meaning set out in section 574
submission means a written or an electronic submission
subsequent action, in relation to the enforcement functions of the EPA, has the meaning given in section 732
successor includes, in the case of a person that is a body that is not incorporated, the successor a body of persons which is incorporated and composed of substantially the same members
survey dataset has the meaning given in section 576
system outcome means an outcome specified in section 6
survey plan has the meaning given in section 576
tangata whenua, in relation to a particular area, means the iwi, or hapū, that holds mana whenua over that area
target has the meaning given in section 118
tender has the meaning given in section 442
territorial authority means a city council or a district council named in Part 2 of Schedule 2 of the Local Government Act 2002
territorial sea means the territorial sea of New Zealand as defined in section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977
te Tiriti o Waitangi means the Treaty as defined in section 2 of the Treaty of Waitangi Act 1975
tikanga Māori means Māori customary law, customary values, and customary practices
trade competition is the activity described in subpart 5 of Part 5
Treaty settlement legislation means—
(a)
an Act listed in Schedule 3 of the Treaty of Waitangi Act 1975; and
(b)
any other Act that provides redress for Treaty of Waitangi claims, including Acts that provide collective redress or participation arrangements for claimant groups whose claims are, or are to be, settled by another Act
unit plan has the meaning given in section 573
unitary authority has the meaning given in section 5(1) of the Local Government Act 2002
urban form means the physical characteristics that make up an urban area, including the shape, size, density, and configuration of the urban area
use means,—
(a)
in sections 21, 31 to 33, 210(2), 531(1)(b)(i), and 564(1)(a),—
(i)
alter, demolish, erect, extend, place, reconstruct, remove, or use a structure of part of a structure in, on, over, or under land:
(ii)
drill, excavate, or tunnel land or disturb land in a similar way:
(iii)
damage, destroy, or disturb the habitats of plants or animals in, on, or under land:
(iv)
deposit a substance in, on, or under land:
(v)
any other use of land; and
(b)
in sections 21, 32, 210(2), 531, and 564(1), also means to enter onto or pass across the surface of water in a lake or river
variation has the meaning given in clause 62 of Schedule 6
wāhi tapu has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014
wāhi tūpuna has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014
waste or other matter means materials and substances of any kind or description
water—
(a)
means water in all its physical forms whether flowing or not and whether over or under the ground; and
(b)
includes freshwater, coastal water, and geothermal water; but
(c)
does not include water in any form while in any pipe, tank, or cistern
water body means freshwater or geothermal water in the whole, or any part, of a river, lake, stream, pond, wetland, or aquifer, or any part of any other of those that is not located within the coastal marine area
water conservation order has the meaning given in section 365
water permit has the meaning given in section 220
well-being means the social, economic, environmental, and cultural well-being of people and communities, and includes their health and safety
wetland includes permanently or intermittently wet areas, shallow water, and land water margins that support a natural ecosystem of plants and animals that are adapted to wet conditions
wildlife refuge and wildlife sanctuary have the meanings given in section 573
working day means a day of the week other than—
(a)
a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
(b)
if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday; and
(c)
a day in the period commencing on 20 December in any year and ending with 10 January in the following year.
(2)
For the purposes of the definition of development capacity,—
(a)
long-term means between 10 and at least 30 years:
(b)
medium-term means between 3 and 10 years:
(c)
short-term means within the next 3 years.
(3)
In this Act and the Spatial Planning Act 2023, a reference in te reo Māori to any form of Māori group is inclusive of the equivalent Moriori language word (for example, iwi includes imi).
12 Meaning of public notice
(1)
If this Act requires a person to give public notice of something, the person must—
(a)
publish on an Internet site to which the public has free access a notice that—
(i)
includes all the information that is required to be publicly notified; and
(ii)
is in the prescribed form (if any); and
(b)
publish a short summary of the notice, along with details of the Internet site where the notice can be accessed, in 1 or more newspapers circulating in the entire area likely to be affected by the matter to which the notice relates.
(2)
The notice and the short summary of the notice must be worded in a way that is clear and concise.
Compare: 1991 No 69 s 2AB
Miscellaneous
13 Application of Act to ships and aircraft of foreign States
Unless regulations made under a relevant empowering provision in this Act other than the national planning framework provide otherwise, this Act does not apply to the following:
(a)
warships of a State other than New Zealand:
(b)
aircraft of the defence force of a State other than New Zealand:
(c)
any ship owned or operated by a State other than New Zealand for government purposes (but not commercial purposes):
(d)
the master or crew of a warship, aircraft, or ship referred to in paragraphs (a) to (c).
Compare: 1991 No 69 s 4A
14 General transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.
15 Transitional, savings, and related provisions for upholding Treaty settlements, NHNP Act, and other arrangements
The transitional, savings, and related provisions set out in Schedule 2, for the purpose of upholding the integrity, intent, and effect of Treaty settlements, the NHNP Act, and other arrangements, have effect according to their terms.
16 Act binds the Crown
(1)
This Act binds the Crown, except as provided in this section.
Exclusions in respect of Crown work or activity on land
(2)
This Act does not apply to any work or activity of the Crown that is—
(a)
a use of land within the meaning of section 21; and
(b)
certified by the Minister of Defence as necessary for reasons of national security.
(3)
Section 21(1)(b) (as it applies to plan rules administered by a territorial authority) does not apply to work or an activity of the Crown that—
(a)
is undertaken within the boundaries of an area of land held or managed under the Conservation Act 1987 or any Act specified in Schedule 1 of that Act (unless that land is held for administrative purposes); and
(b)
is consistent with a conservation management strategy, conservation management plan, or management plan made under the Conservation Act 1987 (or any Act specified in Schedule 1 of that Act); and
(c)
does not have a significant adverse effect beyond the boundaries of the area of land.
(4)
Section 21 does not apply to the detention of prisoners in a court cell block if it is declared by notice in the Gazette to be a part of a corrections prison.
Exclusion of specified enforcement documents
(5)
An abatement notice or excessive notice direction may be served on, or issued against, an instrument of the Crown under this Act, but only if—
(a)
the instrument of the Crown is a Crown organisation; and
(b)
the notice or direction is served on or issued against the Crown organisation in its own name.
(6)
An enforcement order may be made against an instrument of the Crown under this Act, but only if—
(a)
the instrument of the Crown is a Crown organisation; and
(b)
a local authority or the EPA applies for the order; and
(c)
the order is made against the Crown organisation in its own name.
(7)
Subsections (5) and (6) are not limited by section 17(1)(a) of the Crown Proceedings Act 1950.
(8)
An infringement notice must not be served against an instrument of the Crown under this Act, unless—
(a)
the instrument of the Crown is a Crown organisation; and
(b)
the organisation is liable to be proceeded against for the alleged offence under subsection (6); and
(c)
the notice is served against the Crown organisation in its own name.
(9)
An instrument of the Crown may be prosecuted for an offence against this Act, but only if—
(a)
the instrument of the Crown is a Crown organisation; and
(b)
the offence is alleged to have been committed by that Crown organisation; and
(c)
the proceedings are commenced—
(i)
by a local authority, the EPA, or an enforcement officer; and
(ii)
against the Crown organisation in its own name, and not citing the Crown as a defendant; and
(iii)
in accordance with the Crown Organisations (Criminal Liability) Act 2002.
(10)
However, subsections (8) and (9) are limited by section 8(4) of the Crown Organisations (Criminal Liability) Act 2002 (which provides that a court may not sentence a Crown organisation to pay a fine in respect of an offence against this Act).
Further exceptions applying to enforcement against Crown organisation or the Crown
(11)
If a Crown organisation is not a body corporate, it must be treated as a separate legal personality for the purposes of—
(a)
serving or issuing an abatement notice or direction against the Crown organisation; and
(b)
making an enforcement order against the Crown organisation; and
(c)
serving an infringement notice on the Crown organisation; and
(d)
enforcing any order, direction, or notice referred to in paragraphs (a) to (c).
(12)
Unless subsections (5) to (11) provide otherwise, the Crown must not—
(a)
be served or issued with a notice or direction referred to in subsection (11)(a) or (c); or
(b)
have an order referred to in subsection (11)(b) made against it; or
(c)
be prosecuted for an offence against this Act.
Compare: 1991 No 69 s 4
Part 2 Duties, responsibilities, and restrictions
Subpart 1—Duties and responsibilities applying to all persons when carrying out activities under this Act
17 Environmental responsibility
(1)
Consistently with the ethic of stewardship, every person has a responsibility to protect and sustain the health and well-being of the natural environment for the benefit of both present and future generations, including as required by section 18.
(2)
The responsibility referred to in subsection (1) is not, of itself, enforceable against any person and no person is liable to any other person for a breach of that responsibility.
18 Duty to avoid, minimise, remedy, offset, or compensate for adverse effects
(1)
Every person has a duty to avoid, minimise, remedy, offset, or provide compensation for, any adverse effect on the environment arising from an activity carried on by or on behalf of the person, whether or not the activity is carried on in accordance with—
(a)
any of sections 30 to 34:
(b)
any applicable environmental limits or targets:
(c)
a framework rule, a plan rule, a resource consent, or a designation.
(2)
The duty referred to in subsection (1) is not of itself enforceable against any person, and no person is liable to any other person for a breach of that duty.
(3)
However, subsection (2) does not limit the following powers:
(a)
the power conferred by section 641 to make an enforcement order:
(b)
the power conferred by section 649 to serve an abatement notice.
Compare: 1991 No 69 s 17(1)–(3)
19 Duty to avoid unreasonable noise
(1)
This section applies to—
(a)
every person who occupies land (including any premises and any coastal marine area); and
(b)
every person carrying out an activity in, on, or under a water body or the coastal marine area.
(2)
A person to whom this section applies must adopt the best practicable option to ensure that noise emitted from that land or water does not exceed a reasonable level.
(3)
Noise emission standards may be prescribed in a framework rule, a plan rule, or a resource consent for the purposes of any of sections 21 and 23 to 28.
(4)
For the purposes of this section, a framework rule may prescribe the best practicable option for an activity.
(5)
This section applies to overflying by aircraft, but only to the extent that noise emission controls for airports, including those in the coastal marine area, are prescribed by a framework rule or by a plan rule.
20 Other legal requirements not affected
(1)
Compliance with this Act does not remove the need to comply with all other applicable legislation and rules of law.
(2)
The duties and restrictions set out in this Part are enforceable against any person, but only through the provisions of this Act.
(3)
No person is liable to another person for a breach of a duty or restriction under this Act, except in accordance with the provisions of this Act.
(4)
Subsections (2) and (3) do not limit or affect a right of action which any person may have independently of the provisions of this Act.
Compare: 1991 No 69 s 23
Subpart 2—Restrictions relating to land, coastal marine area, river and lake beds, water, and discharges
Land
21 Restrictions relating to land
(1)
A person must not use land in a way that contravenes—
(a)
a framework rule; or
(b)
a plan rule; or
(c)
section 420(1) or 422, unless the activity is expressly allowed or exempted under those provisions.
(2)
However, a person may use land if the use—
(a)
is expressly allowed by a permitted activity notice; or
(b)
is expressly allowed by a resource consent; or
(c)
in the case of a rule administered by a regional council, is an activity allowed by section 34; or
(d)
in the case of a rule administered by a territorial authority, is an activity allowed by section 30 or 32.
(3)
A person must not contravene section 531, 533, or 564 (which relate to designations and heritage protection orders) without the prior written consent of the requiring authority or heritage protection authority, as the case may require.
(4)
This section does not apply to the use of the coastal marine area.
Compare: 1991 No 69 s 9(1)–(3)
Subdivision of land
22 Restrictions relating to subdivision of land
(1)
A person must not subdivide land unless the subdivision—
(a)
complies with subsection (3); or
(b)
is given effect to under another Act in accordance with that other Act as described in subsection (4).
(2)
Subsection (1) does not apply to Māori land unless Te Ture Whenua Maori Act 1993 provides otherwise.
When subdivision may be undertaken under this Act
(3)
A person may subdivide land if the subdivision—
(a)
is expressly allowed by a framework rule, a plan rule administered by a territorial authority, or a resource consent; and
(b)
is shown on one of the following:
(i)
a survey plan of subdivision of land, or a building or part of a building, prepared in a form suitable to deposit under the Land Transfer Act 2017 and deposited by the Registrar-General under Part 10; or
(ii)
a survey plan of a subdivision by or on behalf of a Minister of the Crown of land not subject to the Land Transfer Act 2017 and approved by the chief executive of Land Information New Zealand in accordance with sections 584 and 591; or
(iii)
a survey plan that includes a unit plan and a survey dataset giving effect to the grant of a cross-lease or company lease.
Subdivision undertaken under other Acts
(4)
A person may subdivide land if the subdivision is given effect to in any of the following ways:
(a)
by acquiring, taking, transferring, or disposing of part of an allotment under the Public Works Act 1981 (unless the requirement stated in subsection (5) applies):
(b)
by establishing, changing, or cancelling a reserve under section 338 of Te Ture Whenua Maori Act 1993:
(c)
by a transfer under section 23 of the State-Owned Enterprises Act 1986 or a resumption under section 27D of that Act:
(d)
by any vesting in, or transfer or gift of, any land—
(i)
in or to the Crown or any local authority or administering body for the purposes (other than administrative purposes) of the Conservation Act 1987 or any Act specified in Schedule 1 of that Act; or
(ii)
by the Crown in exchange for land received under subparagraph (i):
(e)
under an exemption for subdivisions under section 25A of the New Zealand Railways Corporation Restructuring Act 1990:
(f)
under a transfer or gift of any land to Heritage New Zealand Pouhere Taonga or the Queen Elizabeth the Second National Trust for the purposes of the Heritage New Zealand Pouhere Taonga Act 2014 or the Queen Elizabeth the Second National Trust Act 1977:
(g)
under a transfer, exchange, or other disposition of land made by an order under subpart 3 of Part 6 of the Property Law Act 2007 (which relates to the granting of access to landlocked land):
(h)
under an exemption for boundary adjustments under section 10 of the Canterbury Property Boundaries and Related Matters Act 2016.
(5)
Each existing separate parcel of land disposed of under the Public Works Act 1981 must be disposed of without further division unless otherwise provided by that Act.
(6)
Nothing in this section applies to the issuing of a record of title under section 591.
(7)
In subsection (4)(d), administering body has the meaning given in section 2 of the Reserves Act 1977.
Compare: 1991 No 69 s 11
Coastal marine area
23 Restrictions relating to use of coastal marine area
(1)
A person must not carry out any of the following activities in the coastal marine area:
(a)
reclaiming or draining any part of the foreshore or seabed; or
(b)
erecting, reconstructing, placing, extending, or demolishing any part of any structure that is fixed in, on, under, or over any foreshore or seabed; or
(c)
disturbing any part of the foreshore or seabed (including by anchoring, excavating, drilling, or tunnelling) in a manner that has, or is likely to have, an adverse effect on the foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal); or
(d)
depositing in, on, or under any part of the foreshore or seabed any substance in a manner that has or is likely to have an adverse effect on that part of the foreshore or seabed; or
(e)
destroying, damaging, or disturbing any part of the foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on plants or animals or their habitat; or
(f)
introducing or planting any exotic or introduced plant in, on, or under any part of the foreshore or seabed; or
(g)
destroying, damaging, or disturbing any part of the foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on cultural heritage.
(2)
A person must not—
(a)
occupy any part of the common marine and coastal area; or
(b)
remove any sand, shingle, shell, or other natural material from the common marine and coastal area.
(3)
However, a person may carry out any of the activities listed in subsection (1) or (2) if those activities are expressly allowed by a framework rule, a plan rule administered by a regional council, or by a resource consent.
(4)
Without limiting subsection (1), a person must not carry out the following in a way that contravenes a framework rule or a plan rule administered by a regional council:
(a)
an activity in, on, under, or over any part of the coastal marine area; or
(b)
an activity relating to any natural resources in the coastal marine area.
(5)
Subsection (4) does not apply to an activity that is expressly allowed by—
(a)
a resource consent; or
(b)
a permitted activity notice; or
(c)
(6)
This section does not prohibit a regional council from removing structures from the common marine and coastal area in accordance with the requirements of section 19(3) to (3C) of the Marine and Coastal Area (Takutai Moana) Act 2011 unless those structures are permitted by a coastal permit.
(7)
This section does not apply to an activity to which section 26 or 27 applies.
(8)
In this section, remove any sand, shingle, shell, or other natural material means to take any of that material in such quantities or circumstances that, but for a framework rule, a plan rule, or the grant of a resource consent, a licence or profit à prendre would be required.
Compare: 1991 No 69 s 12
River and lake beds
24 Restrictions relating to use of beds of lakes and rivers
(1)
A person must not, in relation to the bed of a lake or river,—
(a)
use, erect, reconstruct, place, alter, extend, remove, or demolish any structure or part of any structure in, on, under, or over the bed; or
(b)
excavate, drill, tunnel, or otherwise disturb the bed; or
(c)
introduce any plant or part of a plant, whether indigenous or exotic, in, on, or under the bed; or
(d)
deposit any substance in, on, or under the bed; or
(e)
reclaim or drain the bed.
(2)
However, a person may carry out those activities if they are expressly allowed by a framework rule, a plan rule administered by a regional council, or a resource consent.
(3)
A person must not carry out any of the following in relation to the bed of a lake or river in a manner that contravenes a framework rule or a plan rule:
(a)
entering onto or passing across the bed of a lake or river:
(b)
damaging, destroying, disturbing, or removing a plant or a part of a plant, whether exotic or indigenous, in, on, or under the bed of a lake or river:
(c)
damaging, destroying, disturbing, or removing the habitats of plants or parts of plants, whether exotic or indigenous, in, on, or under the bed of a lake or river:
(d)
damaging, destroying, disturbing, or removing the habitats of animals in, on, or under the bed of a lake or river.
(4)
A person may carry out those activities if they are—
(a)
expressly allowed by a resource consent; or
(b)
expressly allowed by a permitted activity notice; or
(c)
existing lawful activities allowed by section 34.
(5)
This section does not—
(a)
apply to the use of land in the coastal marine area; or
(b)
limit section 21.
Compare: 1991 No 69 s 13
Water
25 Restrictions relating to water
(1)
A person must not carry out the following activities in relation to water in a manner that contravenes a framework rule or a plan rule administered by a regional council:
(a)
taking, using, damming, or diverting any open coastal water:
(b)
taking or using any heat or energy from any open coastal water.
(2)
However, a person may carry out those activities if they are—
(a)
expressly allowed by a resource consent; or
(b)
expressly allowed by a permitted activity notice; or
(c)
existing lawful activities under section 34.
(3)
A person must not take, use, dam, or divert any of the following:
(a)
water other than open coastal water:
(b)
heat or energy from water other than open coastal water:
(c)
heat or energy from the material surrounding geothermal water.
(4)
However, subsection (3) does not prohibit a person from taking, using, damming, or diverting any water, heat, or energy if—
(a)
the taking, using, damming, or diverting is expressly allowed by—
(i)
a framework rule; or
(ii)
a plan rule administered by a regional council; or
(iii)
a permitted activity notice; or
(iv)
a resource consent; or
(b)
in the case of freshwater, the water, heat, or energy is required for—
(i)
an individual’s reasonable domestic needs; or
(ii)
the reasonable needs of a person’s animals for drinking water; or
(c)
in the case of geothermal water, the water, heat, or energy is taken or used in accordance with tikanga Māori for the communal benefit of the tangata whenua of the area; or
(d)
in the case of coastal water (other than open coastal water), the water, heat, or energy is required for an individual’s reasonable domestic or recreational needs; or
(e)
the water is required to be taken or used for emergency or training purposes in accordance with section 48 of the Fire and Emergency New Zealand Act 2017.
(5)
Subsection (4)(b), (c), and (d) applies only to the extent that the taking, use, and diversion allowed by those provisions does not, or is not likely to, have an adverse effect on the environment.
Compare: 1991 No 69 s 14
Discharges
26 Restrictions relating to discharging contaminants
(1)
A person must not discharge—
(a)
a contaminant or water into water:
(b)
a contaminant onto or into land in circumstances that may result in that contaminant (or any other contaminant released as a result of natural processes associated with that contaminant) entering water:
(c)
a contaminant from an industrial or trade premises into air:
(d)
a contaminant from an industrial or trade premises onto or into land.
(2)
However, a person may carry out that activity if the discharge is expressly allowed by—
(a)
a framework rule or regulations, other than the national planning framework, made under a relevant empowering provision in this Act; or
(b)
a plan rule administered by a regional council; or
(c)
a permitted activity notice; or
(d)
a resource consent.
(3)
A person must not discharge a contaminant into the air or onto or into land from a place or other source, moveable or not, in a manner, or in circumstances, that contravene a framework rule or a plan rule.
(4)
However, a person may carry out an activity referred to in subsection (3) if the discharge is—
(a)
expressly allowed by regulations, other than the national planning framework, made under a relevant empowering provision in this Act; or
(b)
expressly allowed by a resource consent; or
(c)
expressly allowed by a permitted activity notice; or
(d)
an existing lawful activity under section 34.
(5)
This section does not apply to anything to which section 27 or 28 applies.
Compare: 1991 No 69 s 15
27 Restrictions relating to dumping and incinerating in coastal marine area
(1)
A person must not carry out any of the following activities in the coastal marine area:
(a)
dumping waste or other matter from a ship, aircraft, or offshore installation:
(b)
incinerating any waste or other matter in a marine incineration facility:
(c)
dumping any ship, aircraft, or offshore installation.
(2)
A person may carry out those activities if the dumping or incinerating is expressly allowed by a resource consent.
(3)
This section does not permit—
(a)
the discharge of a harmful substance that would contravene section 28; or
(b)
the dumping of radioactive waste or radioactive matter to which section 29 applies.
Compare: 1991 No 69 s 15A
28 Restrictions relating to discharging harmful substances in coastal marine area
(1)
A person must not discharge a harmful substance or contaminant from a ship or offshore installation in the coastal marine area into water, onto or into land, or into air.
(2)
However, a person may discharge a harmful substance or contaminant as described in subsection (1) if—
(a)
the discharge is permitted or controlled by—
(i)
a plan rule administered by a regional council; or
(ii)
a resource consent; or
(iii)
regulations made under section 800; or
(b)
after reasonable mixing, the harmful substance or contaminant (whether or not in combination with another discharge) is unlikely to give rise to any of the following effects in the receiving waters:
(i)
the production of a conspicuous oil or grease film, scum, or foam, or floatable or suspended materials:
(ii)
a conspicuous change of colour or visual clarity:
(iii)
an emission of an objectionable odour:
(iv)
significant adverse effects on aquatic life; or
(c)
the harmful substance or contaminant, if discharged into air, is not likely to be noxious, dangerous, offensive, or objectionable to the extent that it has, or is likely to have, a significant adverse effect on the environment.
(3)
A person must not discharge water into water in the coastal marine area from a ship or offshore installation.
(4)
However, a person may discharge water as described in subsection (3) if—
(a)
the discharge is permitted or controlled by—
(i)
a plan rule administered by a regional council; or
(ii)
a resource consent; or
(iii)
regulations made under section 800; or
(b)
after reasonable mixing, the water discharged is unlikely to give rise to significant adverse effects on aquatic life.
(5)
A person must not discharge a harmful substance or contaminant in reliance on subsection (2)(b) or (c) or (4)(b) if regulations made under section 800, a plan rule, or a resource consent applies to the discharge.
(6)
Despite section 7 of the Biosecurity Act 1993, a discharge authorised by subsection (2) or (4) or by a resource consent may be prohibited or controlled under that Act to exclude, eradicate, or effectively manage pests or unwanted organisms.
Compare: 1991 No 69 s 15B
29 Prohibitions relating to radioactive waste, etc, in coastal marine area
(1)
A person must not, in the coastal marine area,—
(a)
dump radioactive waste or other radioactive material from a ship, aircraft, or offshore installation:
(b)
store radioactive waste or other radioactive matter, or toxic or hazardous waste on or in any land or water.
(2)
In this section,—
radioactive waste or other radioactive material has the meaning given in section 257 of the Maritime Transport Act 1994
toxic or hazardous waste means any waste or other matter prescribed in regulations made under section 800 as toxic or hazardous waste.
Compare: 1991 No 69 s 15C
Subpart 3—Existing uses that may continue
30 Certain existing uses in relation to land may continue
(1)
A person may use land in a way that contravenes a plan rule administered by a territorial authority if—
(a)
the use was lawfully established—
(i)
before the rule became operative; or
(ii)
before the proposed plan was notified; or
(iii)
by way of a designation; and
(b)
the adverse effects of the use—
(i)
are the same as or similar in character, intensity, and scale to those that existed before the rule became operative, the proposed plan was notified, or the designation was removed; or
(ii)
are reduced.
(2)
Despite subsection (1), an existing use of land must comply with a plan rule that relates to any of the following, as far as they are relevant, but only if the plan expressly provides that this subsection applies:
(a)
the natural environment:
(b)
the avoidance, reduction, or mitigation of the risks associated with natural hazards:
(c)
adaptation to climate change:
(d)
mitigation of climate change:
(e)
contaminated land.
(3)
Subsection (2)(a) applies only if the rule—
(a)
is authorised by the national planning framework; and
(b)
is reasonably necessary to—
(i)
ensure compliance with a limit or associated target; or
(ii)
avoid, minimise, or remedy any more than minimal adverse effects that the activity is generating on the attributes that make a place a significant biodiversity area or a highly vulnerable biodiversity area; or
(iii)
manage any significant harm or damage to other aspects of the natural environment, human health, or property that the activity causes, or contributes to.
(4)
This section and sections 31 and 32 do not apply to the use of land that is—
(a)
controlled under section 50 (regional control of certain land uses):
(b)
restricted under section 23 (coastal marine area):
(c)
restricted under section 24 (river and lake beds).
(5)
Nothing in this section limits section 34 (certain existing lawful uses allowed).
Compare: 1991 No 69 s 10(1), (4), (5)
31 When existing use protection may be lost
(1)
Section 30 does not apply if a use of land that contravenes a plan rule administered by a territorial authority is discontinued for a continuous period of 12 months (or any longer period specified in a plan rule) after the rule becomes operative or the proposed plan is notified.
(2)
However, section 30 does apply if—
(a)
an application for an extension of the existing use is made to the territorial authority within 2 years of the activity first being discontinued; and
(b)
an extension is granted because—
(i)
the effect of the extension will not be contrary to the outcomes and policies of the applicable plan; and
(ii)
the applicant has obtained approval from every person who may be adversely affected by the granting of an extension (unless the territorial authority considers that it would unreasonable in the circumstances to require the applicant to obtain every approval).
(3)
Section 30 does not apply if, as a result of reconstructing, altering, or extending a building to which that section would otherwise apply, the change to the use of the building increases the degree of non-compliance of the use with the relevant rule.
(4)
Subsection (2) is subject to the right to object under sections 764 to 771.
Compare: 1991 No 69 s 10(2), (3)
32 Certain existing activities on surface of water may continue
(1)
This section applies to the use of the surface of water in lakes or rivers in the following circumstances:
(a)
if that use was formerly a permitted activity or could have been carried out lawfully without a resource consent; and
(b)
if, as a result of a plan rule administered by a territorial authority becoming operative in accordance with section 198, consent is required.
(2)
An activity within the scope of subsection (1) may continue to be carried on if—
(a)
the activity was lawfully established before the plan rule became operative or took legal effect in accordance with section 198; or
(b)
the adverse effects of the use—
(i)
are the same as, or similar in character, intensity, and scale to, those that existed before the rule became operative, the proposed plan was notified, or the designation was removed; or
(ii)
are reduced; and
(c)
the person carrying on the activity has applied for a resource consent from the appropriate consent authority not later than 6 months after the rule becomes operative.
(3)
If an application has been made for a resource consent for an activity to which this section applies, the activity may continue to be carried on until the application is decided and any appeals determined.
Compare: 1991 No 69 s 10A
33 Certain existing building works allowed
(1)
Land may be used in a way that contravenes a plan rule administered by a territorial authority if the use is a building work or intended use of a building that is to be treated as being lawfully established in accordance with subsection (2).
(2)
A building work or the intended use of a building is to be treated as being lawfully established if—
(a)
a building consent was issued for the building work or the intended use of a building (including any amendments) in accordance with the Building Act 2004 before the plan rule took effect in accordance with section 198; and
(b)
at the time that the building consent was issued and any amendments included, the building work or intended use of a building—
(i)
would not have contravened a rule in a plan; or
(ii)
could have been carried out without a resource consent for another reason.
(3)
However, despite subsection (2), a building work or the intended use of a building must not be treated as lawfully established if,—
(a)
after the plan rule has legal effect in accordance with section 198, the building consent is amended so that—
(i)
the effects of the building work or its intended use will not be the same or similar in character, intensity, and scale as the effects would have been before the building consent was amended; or
(ii)
the change is limited to reducing the adverse effects on the environment or otherwise improving the environment; or
(b)
the building consent has lapsed or been cancelled; but
(c)
a code of compliance certificate issued under the Building Act 2004—
(i)
is not to be treated as having cancelled the building consent for the building; or
(ii)
was not issued within 2 years of the plan rule taking legal effect (or any further period the territorial authority may allow if satisfied that reasonable progress has been made towards completing the building work within the 2-year period).
(4)
Section 30(4) and (5) applies to this section.
(5)
In this section, building, building work, and intended use have the meanings given in sections 8 and 9 of the Building Act 2004.
Compare: 1991 No 69 s 10B
34 Certain existing lawful activities allowed
(1)
If an activity requires a resource consent because a plan rule administered by a regional council has legal effect in accordance with section 198 or clause 65 of Schedule 10, the activity may continue until the rule becomes operative.
(2)
Subsection (1) applies if the following requirements are satisfied:
(a)
before the rule had legal effect, the activity—
(i)
was a permitted activity or could have been carried on lawfully without a resource consent; and
(ii)
was lawfully established; and
(b)
the adverse effects of the activity—
(i)
are the same as, or similar in character, intensity, and scale to, those that existed before the rule became operative, the proposed plan was notified, or the designation removed; or
(ii)
are reduced; and
(c)
the activity has not been discontinued continuously for more than 6 months since the rule took legal effect in accordance with section 198 (or a longer period that may be fixed by a rule in the proposed plan).
(3)
If an activity requires a resource consent because a plan rule administered by a regional council becomes operative, the activity may continue after the rule becomes operative if,—
(a)
before the rule became operative, the activity—
(i)
was a permitted activity or was allowed to continue under subsection (1), or could have been lawfully carried on without a resource consent; and
(ii)
was lawfully established; and
(b)
the adverse effects of the activity—
(i)
are the same as, or similar in character, intensity, and scale to, those that existed before the rule became operative; or
(ii)
are reduced from the adverse effects that existed at that time; and
(c)
the person carrying on the activity has applied for a resource consent from the appropriate consent authority within 6 months after the date on which the rule became operative but that application has not been decided or appeals determined.
Compare: 1991 No 69 s 20A
Part 3 Exercise of functions, powers, and duties under this Act
Subpart 1—Functions, powers, and duties of Ministers
35 Functions and powers of Minister for Environment
The Minister for the Environment has the following functions under this Act:
(a)
to ensure that the national planning framework is prepared, approved, and maintained:
(b)
to decide whether to intervene in, or give a direction on, a matter that is, or is part of, a proposal of national importance:
(c)
to monitor the implementation of this Act (and of any secondary legislation made under it) and its effectiveness in achieving the purpose of the Act:
(d)
to monitor the relationship between the functions, powers, and duties of central government and local government under this Act:
(e)
to monitor and investigate, as the Minister considers appropriate, any matter of significance to the environment:
(f)
to consider and investigate the use of economic instruments such as charges, levies, off-setting, and incentives as a means of achieving the purpose of this Act:
(g)
any other functions specified in this Act.
Compare: 1991 No 69 s 24
36 Minister for Environment may investigate and make recommendations in respect of local authorities and regional planning committees
(1)
The Minister for the Environment may—
(a)
investigate the exercise or performance by a local authority or regional planning committee of any of its functions, powers, or duties under this Act; and
(b)
make recommendations to the local authority or regional planning committee on its exercise or performance of those functions, powers, or duties; and
(c)
investigate the failure or omission by a local authority or regional planning committee to exercise or perform any of its functions, powers, or duties under this Act; and
(d)
make recommendations to the local authority or regional planning committee on its failure or omission to exercise or perform those functions, powers, or duties.
(2)
The Minister for the Environment may require a local authority or regional planning committee to—
(a)
set out how the local authority or committee is responding to the Minister’s recommendations; and
(b)
make that information publicly available.
Compare: 1991 No 69 s 24A
37 Minister for Environment may appoint substitute for local authority
(1)
Subsection (2) applies if a local authority is not exercising or performing 1 or more of its functions, duties, or powers under this Act.
(2)
If the Minister for the Environment considers it necessary for achieving the purpose of this Act, the Minister may appoint 1 or more persons, including a person from the public service, to exercise or perform 1 or more of the functions, duties, or powers concerned.
(3)
An appointment under subsection (2)—
(a)
may be made on the terms and conditions that the Minister thinks fit; and
(b)
must be made publicly available, with the appointee’s terms of reference, including—
(i)
the appointee’s functions, duties, and powers; and
(ii)
the duration of the appointment.
(4)
The Minister must not make an appointment under subsection (2)—
(a)
until the Minister has given written notice to the local authority—
(i)
stating why the Minister proposes to make the appointment; and
(ii)
giving the local authority a reasonable opportunity to satisfy the Minister that it has exercised or performed the function, power, or duty to the extent necessary; and
(iii)
providing a time frame of not less than 20 working days after the date of the notice for taking steps to remedy the fault; and
(b)
if the Minister is not satisfied with the response and the local authority has not taken the required steps within the specified time frame, the Minister may make the appointment.
(5)
A person appointed under subsection (2) has the power to exercise or perform the functions, duties, or powers concerned as if the person were the local authority, and must act in accordance with this Act.
(6)
Subsection (7) applies to the costs, charges, and expenses incurred by—
(a)
the Minister for the purposes of this section; and
(b)
the person appointed under subsection (2).
(7)
The costs, charges, and expenses referred to in subsection (6)—
(a)
are recoverable as a debt due to the Crown; or
(b)
may be deducted from money payable to the local authority by the Crown.
Compare: 1991 No 69 s 25
38 Minister for Environment may direct preparation of plan change or variation
(1)
The Minister—
(a)
may direct a regional planning committee—
(i)
to prepare a plan change that addresses a resource management issue relating to a function of a local authority and any matters which local authorities are responsible for under this Act; or
(ii)
to prepare a variation to a proposed plan that addresses a resource management issue relating to a function of a local authority and any matters which local authorities are responsible for under this Act; and
(b)
may direct the committee, in preparing the plan change or variation, to deal with the whole or a specified part of the local authority’s region or district; and
(c)
must, in giving a direction, specify a reasonable period within which the plan change or variation must be notified.
(2)
The Minister must—
(a)
provide reasons why they are directing the preparation of the plan change (including the process to be used for the plan change, if applicable) or variation and make their reasons publicly available; and
(b)
prepare a statement of expectations that sets out the objectives expected to be achieved, which the regional planning committee must have regard to; and
(c)
consult any relevant ministers or any other person the Minister considers appropriate to consult on the content in the statement of expectations.
(3)
The regional planning committee must—
(a)
report to the Minister on how the committee has had regard to the statement of expectations; and
(b)
make the report publicly available.
(4)
In this section, resource management issue includes any requirement in the national planning framework that relates to a function of a local authority under this Act.
Compare: 1991 No 69 s 25A
39 Ministers may direct that review of plan be undertaken
(1)
The Minister for the Environment may direct a regional planning committee to commence a review of the whole or any part of a plan (except in relation to the coastal marine area) and, if the Minister does so, must specify a reasonable period within which the review must begin.
(2)
The Minister of Conservation may direct a regional planning committee to begin a review of the whole or any part of a plan so far as it relates to the coastal marine area and, if the Minister does so, must specify a reasonable period within which the review must commence.
(3)
The Minister must—
(a)
provide reasons why they are directing that a review be undertaken and make their reasons publicly available; and
(b)
prepare a statement of expectations that sets out the objectives expected to be achieved, which the regional planning committee must have regard to; and
(c)
consult any relevant Ministers or any other person the responsible Minister considers appropriate to consult on the content in the statement of expectations.
(4)
The regional planning committee must—
(a)
report to the relevant Minister on how the committee has had regard to the statement of expectations; and
(b)
make the report publicly available.
(5)
Section 782(2) to (4) applies to the review with any necessary modifications.
Compare: 1991 No 69 s 25B
40 Minister for Environment may direct that other action be taken
(1)
This section applies to powers, functions, or duties under this Act, other than those for which a direction is made under section 38 or 39.
(2)
The Minister may direct a regional planning committee or local authority to exercise or perform a power, function, or duty if the Minister is satisfied that—
(a)
the committee or local authority is not exercising or performing the power, function, or duty—
(i)
to the extent that the Minister considers necessary to achieve the purpose of this Act; or
(ii)
within the time frame required by this Act, the national planning framework, or the relevant plan; and
(b)
reasonable steps have been taken to assist the committee or local authority to exercise or perform the power, function, or duty to that extent.
(3)
The Minister must—
(a)
provide reasons for giving the direction and make their reasons publicly available; and
(b)
identify the power, function, or duty that must be exercised or performed.
(4)
The local authority or regional planning committee must, within 20 working days of receiving the direction,—
(a)
set out for the Minister how the committee or local authority will carry out the direction, including any associated milestones, time frames, or monitoring; and
(b)
make that information publicly available.
41 Functions of Minister of Conservation
The Minister of Conservation has the following functions under this Act:
(a)
to ensure that the national planning framework is prepared, approved, and maintained, to the extent that the Minister is responsible under section 164:
(b)
to monitor the effect and implementation of the national planning framework and plans in relation to the coastal marine area:
(c)
any other functions specified in this Act.
Compare: 1991 No 69 s 28
42 Functions of Minister responsible for aquaculture
The Minister responsible for aquaculture has the following functions under this Act:
(a)
suspending the receipt of applications for coastal permits authorising aquaculture activities to be undertaken in the coastal marine area:
(b)
making a direction to process and hear together applications for coastal permits authorising aquaculture activities to be undertaken in the coastal marine area:
(c)
recommending the making of regulations under section 793 that amend plans in relation to aquaculture activities in the coastal marine area:
(d)
making decisions on offers for authorisations under section 464.
Compare: 1991 No 69 s 28B
Delegations and directions
43 Delegation of functions by Ministers
(1)
A Minister of the Crown may, generally or particularly, delegate to the chief executive of that Minister’s department any of the Minister’s powers, functions, or duties under this Act.
(2)
A delegation made under this section must comply with clause 5 of Schedule 6 of the Public Service Act 2020.
(3)
However, the following functions, powers, or duties must not be delegated:
(a)
certifying any work or activity under section 16(2):
(b)
appointing persons to exercise powers or perform functions or duties in place of a local authority or regional planning committee under section 37:
(c)
approving, changing, replacing, or revoking the national planning framework or any part of it in accordance with Part 1 of Schedule 5:
(d)
the following functions, powers, and duties under Parts 2 to 5 of Schedule 10:
(i)
deciding whether to make a direction under clause 55(2) or 63(1) of Schedule 10 in relation to a matter that is or is part of a proposal of national significance:
(ii)
deciding whether to accept a referral application under clause 19 of Schedule 10:
(iii)
appointing a board of inquiry under clause 75 of Schedule 10 to consider a matter for which a direction has been made under clause 55(2) or 63(1) of Schedule 10:
(iv)
extending the time by which a board of inquiry must produce a final report on a matter for which a direction has been made under clause 55(2) or 63(1) of Schedule 10:
(v)
deciding whether to intervene in a matter under clause 91 of Schedule 10:
(e)
approving an applicant as a requiring authority under section 513:
(f)
approving an applicant as a heritage protection authority under section 560:
(g)
recommending issuing or amending a water conservation order under section 379 or 381:
(h)
making, or recommending the making of, regulations under a relevant empowering provision in this Act, including the national planning framework:
(i)
this power of delegation.
(4)
Subpart 2—Environmental Protection Authority
44 Functions of EPA
The functions of the EPA are—
(a)
to perform functions under Parts 2 to 5 of Schedule 10:
(b)
to make decisions under section 354 on applications for certificates of compliance for proposals or activities that are related to proposals of national significance:
(c)
to provide secretarial and support services to—
(i)
a board of inquiry appointed under clause 75 of Schedule 10:
(ii)
a special tribunal appointed under section 367:
(d)
if requested by the Minister, to provide secretarial and support services to a person appointed under this Act or another Act to make a recommendation or decision requiring the application of provisions of this Act as applied or modified by the other Act:
(e)
to provide technical advice to the responsible Minister on the development of the national planning framework:
(f)
to exercise any powers or perform any functions or duties delegated to it by the Minister under section 46:
(g)
to perform the enforcement functions conferred by section 733:
(h)
to perform functions under subpart 4 of Part 7:
(i)
to perform any other functions specified in this Act.
Compare: 1991 No 69 s 42C
45 Cost recovery for specified function of EPA
(1)
If the Minister asks the EPA under section 44 to provide secretarial and support services to a person (a supported person),—
(a)
the Minister must direct the EPA to recover from that person the actual and reasonable costs incurred by the EPA in providing the services; and
(b)
the EPA must recover those costs in accordance with the direction, but only to the extent that they are not provided for by an appropriation under the Public Finance Act 1989.
(2)
The EPA must, on request by the supported person, provide an estimate of the costs likely to be recovered under this section.
(3)
When recovering costs under this section, the EPA must have regard to the following criteria:
(a)
the sole purpose is to recover the reasonable costs incurred in providing the services:
(b)
whether it is administratively efficient to allocate to and recover costs from the person.
(4)
If the EPA requires a supported person to pay costs recoverable under this section, the costs are a debt due to the Crown that is recoverable by the EPA on behalf of the Crown in any court of competent jurisdiction.
Compare: 1991 No 69 s 42CA
46 Delegation to EPA by Ministers
(1)
The Minister for the Environment may, in writing, delegate to the EPA the Minister’s functions, powers, and duties under section 35(c), Parts 2 to 5 of Schedule 10, and sections 767 and 768 except the following:
(a)
deciding whether to accept a referral application under clause 19 of Schedule 10:
(b)
deciding whether to make a direction under clause 55(2) or 63(1) of Schedule 10 in relation to a matter that is or is part of a proposal of national significance:
(c)
appointing a board of inquiry under clause 75 of Schedule 10 to consider a matter for which a direction has been made under clause 55(2) or 63(1) of Schedule 10:
(d)
extending the time by which a board of inquiry must produce a final report on a matter for which a direction has been made under clause 55(2) or 63(1) of Schedule 10:
(e)
deciding whether to intervene in a matter under clause 91 of Schedule 10:
(2)
The Minister of Conservation may, in writing, delegate to the EPA the Minister’s functions, powers, and duties—
(a)
under clause 94 of Schedule 10; and
(b)
under sections 767(b), 768, and 770, in relation to a delegation to which paragraph (a) applies.
(3)
The EPA may, in writing and with the consent of the Minister of Conservation, delegate any of the functions, powers, and duties that the Minister has delegated to the EPA—
(a)
under clause 94 of Schedule 10; and
(b)
under sections 767(b), 768, and 770, in relation to a delegation to which paragraph (a) applies.
(4)
A delegation under subsection (1) or (2)—
(a)
is revocable at will, but the revocation does not take effect until it is communicated in writing to the EPA; and
(b)
does not prevent the Minister from performing the functions or duties, or exercising the powers, concerned.
(5)
A delegation under subsection (3)—
(a)
is revocable at will, but the revocation does not take effect until it is communicated in writing to the delegate; and
(b)
does not prevent the EPA from performing the functions or duties, or exercising the powers, concerned.
Compare: 1991 No 69 s 29(4)–(6)
47 Certain directions prohibited
The Minister for the Environment must not give a direction under section 103 of the Crown Entities Act 2004 relating to the exercise of the EPA’s functions under section 44(b) (applications for certificates of compliance in respect of proposals of national significance).
Compare: 1991 No 69 s 29A
Subpart 3—Functions of regional planning committees
48 Functions of regional planning committees
(1)
A regional planning committee’s functions are—
(a)
to make and maintain the plan for its region using the process set out in Schedule 6; and
(b)
to approve or reject recommendations made by an independent hearings panel after it considers submissions on the plan; and
(c)
to set any environmental limits and interim limits for the region that the national planning framework requires the plan to prescribe (see section 110); and
(d)
to monitor how effectively its plan is being implemented by each local authority in the region; and
(e)
any other functions specified in this Act or in the Spatial Planning Act 2023.
(2)
In carrying out its functions under this Act, a regional planning committee must enable integrated and strategic decision making for the region by—
(a)
taking a collaborative approach to developing a regional spatial strategy and plan for the region; and
(b)
considering the perspectives of the different communities within the region.
(3)
Each regional planning committee also has a duty, in relation to its role in preparing the plan for the region,—
(a)
to initiate and comply with any engagement agreement (see Part 1 of Schedule 6); and
(b)
to undertake consultation in accordance with Schedule 6.
(4)
In the case of the Nelson and Tasman unitary authorities, this section applies to the combined regions.
Subpart 4—Matters for which local authorities are responsible
Local authorities
49 Functions of regional councils
(1)
A regional council has the following functions under this Act:
(a)
to participate with the regional planning committee appointed for the region in developing and reviewing any plan, to the extent that the plan is relevant to a resource management issue relating to a function of the council and any matters which they are responsible for under this Act; and
(b)
at its discretion, to prepare statements of regional environmental outcomes; and
(c)
to monitor and enforce the general duties set out in Part 2, as far as they are relevant to their functions; and
(d)
to carry out any other functions specified in this Act.
(2)
The purpose of the statements of regional environmental outcomes is to express the values of the communities of the region and their aspirations for the use, development, and protection of the natural environment.
(3)
In preparing a statement of regional environmental outcomes, the regional council is subject to the general obligations on decision makers set out in subpart 1 of Part 1, but need not ensure that the statement complies with the national planning framework, or any regulation or other planning document under this Act or the Spatial Planning Act 2023.
(4)
The regional council must provide the statements to the regional planning committee within 2 months of the regional planning committee resolving to commence the plan development process (see clause 2 of Schedule 6).
(5)
If a function is delegated or transferred to a regional council, the council must carry out that function under the terms of the delegation or transfer.
Compare: 1991 No 69 s 30
50 Matters for which regional councils responsible
As far as they are relevant to a region, the regional council has responsibility for the following matters:
Use of land
(a)
the use of land for the purpose of—
(i)
soil conservation:
(ii)
maintaining and enhancing the quality of freshwater in water bodies and coastal water:
(iii)
maintaining the quantity of freshwater in water bodies and coastal water:
(iv)
maintaining and enhancing ecosystems in water bodies and coastal water:
(v)
avoiding, mitigating, or reducing the risks arising from natural hazards:
Coastal marine area
(b)
in relation to the coastal marine area in the region, management (in conjunction with the Minister of Conservation) of—
(i)
the use of land and its associated natural and built resources:
(ii)
to the extent that it is within the common marine and coastal area, the occupation of space, and the extraction of sand, shingle, shell, or other natural materials from the coastal marine area:
(iii)
the taking, use, damming, and diversion of water:
(iv)
discharges of contaminants into or onto land, air, or water and discharges of water into water:
(v)
the dumping and incineration of waste or other matter and the dumping of ships, aircraft, and offshore installations:
(vi)
any actual or potential effects of the use, development, or protection of land, including avoiding, mitigating, or reducing the risks arising from natural hazards:
(vii)
the emission of noise and light and mitigating their effects:
(viii)
activities in relation to the surface of water:
Water
(c)
the taking, using, damming, and diverting of water, and the control of the quantity, level, and flow of water in a water body, including—
(i)
setting any maximum or minimum levels or flows of water:
(ii)
controlling the range, or rate of change, of levels or flows of water:
(iii)
controlling the taking or use of geothermal energy:
Discharges of contaminants
(d)
the discharge of contaminants into or onto land, air, or water and discharges of water into water:
Bed of water body
(e)
in relation to the bed of a water body,—
(i)
the introduction or planting of any plant in, on, or under that land for the purpose of—
(A)
soil conservation:
(B)
maintaining and enhancing the quality of water in the water body:
(C)
avoiding, mitigating, or reducing the risks arising from natural hazards:
(ii)
the management of cultural heritage on the beds of lakes and rivers:
Indigenous biodiversity
(f)
the maintenance and enhancement of indigenous biodiversity:
Infrastructure
(g)
the strategic integration of infrastructure with land use.
51 Functions of territorial authorities
(1)
A territorial authority has the following functions under this Act:
(a)
to participate with the regional planning committee appointed for the district in developing and reviewing any plan, to the extent that the plan is relevant to a resource management issue relating to a function of the territorial authority and any matters which that authority is responsible for under this Act; and
(b)
at the authority’s discretion, to prepare statements of community outcomes; and
(c)
to monitor and enforce the general duties set out in Part 2, as far as they are relevant to the territorial or unitary authority’s functions; and
(d)
any other functions specified in this Act.
(2)
The purpose of a statement of community outcomes is to express the values of the community and its aspirations for—
(a)
the use, development, and protection of the environment; and
(b)
the maintenance and enhancement of a community’s sense of place.
(3)
In preparing a statement of community outcomes, the territorial authority is subject to the general obligations on decision makers set out in subpart 1 of Part 1, but need not ensure that the statement complies with the national planning framework, or any regulation or other planning document under this Act or the Spatial Planning Act 2023.
(4)
The territorial authority must provide the statements to the regional planning committee within 2 months of the regional council resolving to commence the plan development process (see clause 2 of Schedule 6).
(5)
If a function is delegated or transferred to a territorial authority, that authority must carry out that function under the terms of the delegation or transfer.
Compare: 1991 No 69 s 31
52 Matters for which territorial authority responsible
As far as they are relevant to 1 or more territorial authorities within a region, a territorial authority is responsible for the following matters:
(a)
the effects of the use, development, or protection of land within a district, including—
(i)
avoiding, mitigating, or reducing the risks arising from natural hazards:
(ii)
preventing or mitigating any adverse effects of developing, subdividing, or using contaminated land:
(iii)
maintaining and enhancing indigenous biodiversity; and
(b)
the emission of noise and light and mitigating their effects; and
(c)
the effects of activities relating to the surface of water in rivers and lakes; and
(d)
subdivision of land; and
(e)
the integrated management of the effect of the use, development, or protection of natural and physical resources; and
(f)
ensuring that there is sufficient development capacity of land for housing and business to meet the expected demands of the district; and
(g)
the protection of trees and the urban tree canopy.
53 Local authorities to implement and administer plans and strategies
Each local authority in the region must, in relation to matters for which it has responsibility, implement and administer the plan for its region and its regional spatial strategy, including undertaking—
(a)
the role of consent authority; and
(b)
monitoring; and
(c)
enforcement and compliance.
54 Local authority must publicly notify breaches of environmental limits
(1)
A local authority must publicly notify any breach of an environmental limit in its region.
(2)
The following information must be included in the public notice:
(a)
the cause and extent of the breach; and
(b)
how the authority plans to manage the breach; and
(c)
when compliance with the limit is expected to be achieved; and
(d)
any other information the authority considers relevant.
Minister of Conservation
55 Minister of Conservation has certain powers of local authority
(1)
The Minister of Conservation—
(a)
has, in respect of the coastal marine areas of the Kermadec Islands, the Snares Islands, the Bounty Islands, the Antipodes Islands, the Auckland Islands, Campbell Island, and the islands adjacent to Campbell Island, the functions, powers, and duties that a regional council would have under this Act if those coastal marine areas were within the region of that regional council; and
(b)
may exercise, in respect of the islands specified in paragraph (a),—
(i)
the functions, powers, and duties that a regional council would have under this Act if those islands were within the region of that regional council; and
(ii)
the responsibilities, duties, and powers that a territorial authority would have under this Act if those islands were within the district of that territorial authority; and
(iii)
the power conferred by section 725(3).
(2)
The responsibilities, duties, and powers conferred on the Minister of Conservation by subsection (1)(b) are in addition to the powers conferred on that Minister by subsection (1)(a).
(3)
The responsibilities, duties, and powers conferred on the Minister of Conservation by this section are in addition to the responsibilities, duties, and powers conferred on that Minister by this Act.
Compare: 1991 No 69 s 31A
Local authorities to have compliance and enforcement strategy
56 Local authorities to prepare compliance and enforcement strategy
(1)
A local authority must prepare and publish a compliance and enforcement strategy, which takes into account relevant Treaty settlements, and voluntary or statutory agreements with local iwi, hapū, or Māori (including Mana Whakahono ā Rohe agreements).
(2)
When developing a compliance and enforcement strategy, local authorities must work with iwi authorities and groups that represent hapū within the region.
(3)
A compliance and enforcement strategy must set out the following:
(a)
how compliance monitoring will be carried out, including how mātauranga Māori and other specialist input will be integrated into compliance monitoring:
(b)
how local authorities will monitor and enforce their own compliance:
(c)
how the local authority will avoid inappropriate influence or bias in enforcement decision making:
(d)
how the local authority will respond to incidents of non-compliance:
(e)
how the local authority will deal with incidents of non-compliance:
(f)
how compliance monitoring and enforcement will be resourced:
(g)
how any reporting requirements will be met:
(h)
what matters a local authority may consider when determining whether to waive compliance under section 222:
(i)
how frequently the strategy will be reviewed and updated (which may, for example, be in accordance with the significance and engagement policy under section 76AA of the Local Government Act 2002).
Transfer of powers
57 Transfer of powers
(1)
A local authority or regional planning committee may transfer 1 or more of its functions, powers, or duties to another public authority in accordance with this section.
(2)
The power conferred by subsection (1) does not apply to the power of transfer itself.
(3)
A local authority or regional planning committee must not transfer any function, power, or duty unless—
(a)
it has used a process that gives effect to section 82 of the Local Government Act 2002; and
(b)
it has first given notice to the Minister of its proposal to transfer a power, function, or duty; and
(c)
the local authority or regional planning committee and the public authority receiving the transfer agree that the transfer is desirable for all of the following reasons:
(i)
the authority to which the transfer is to be made represents the appropriate community of interest relating to the performance or exercise of the function, power, or duty:
(ii)
the transfer will result in greater efficiency in the performance or exercise of the function, power, or duty:
(iii)
the authority to which the transfer is made has the requisite technical or special capability or expertise.
(4)
Subsection (3)(c) does not apply in the case of a transfer of power to an iwi authority or a group representing hapū.
(5)
In this section, public authority includes—
(a)
a local authority; and
(b)
a regional planning committee; and
(c)
an iwi authority; and
(d)
a group representing hapū; and
(e)
a statutory authority; and
(f)
a government department; and
(g)
a joint committee; and
(h)
a local board.
Compare: 1991 No 69 s 33(1)–(4)
58 Limits to transfer of powers
Section 57 does not permit a regional planning committee to transfer the power under clause 41 of Schedule 7 (power to give final approval to plan).
59 Procedural and other matters relevant to transfer of powers
(1)
A transfer of functions, powers, or duties under section 57 must be by agreement of the authorities concerned and on the agreed terms and conditions.
(2)
A public authority may accept a transfer of a function, power, or duty under that section, unless the authority is expressly forbidden to do so by the terms of an Act under which it is constituted.
(3)
A transfer under section 57 must enable the authority to undertake, exercise, or perform the function, power, or duty.
(4)
If a request is received to transfer a power under section 57, the relevant local authorities and regional planning committee must—
(a)
give careful consideration to the request; and
(b)
respond to the requester within 6 months of receiving the request; and
(c)
every 3 years, report to the National Māori Entity on how they have—
(i)
considered and dealt with any requests received from iwi authorities or groups representing hapū; and
(ii)
considered on their own initiative any opportunities to transfer powers or undertake other initiatives to enable the participation of iwi and hapū in resource management processes.
(5)
Local authorities and regional planning committees must notify the Minister when—
(a)
a transfer of power is requested; and
(b)
that transfer is achieved, altered, or terminated.
(6)
An agreement to transfer a power under section 57 must include provisions describing—
(a)
how the agreement may be altered or terminated; and
(b)
how risks and liabilities will be allocated between or among the parties to the agreement.
Compare: 1991 No 69 s 33(6)–(9)
Delegation of functions, powers, or duties
60 Delegation by local authorities
Delegation to committee
(1)
A local authority may delegate any of its functions, powers, or duties under this Act to a committee of the local authority established in accordance with the Local Government Act 2002.
Delegation to community board
(2)
A territorial authority may delegate any of its functions, powers, or duties under this Act to a community board established in accordance with the Local Government Act 2002 in respect of any matter of significance to that community.
Delegation to local board
(3)
A unitary authority may delegate to a local board any of its functions, powers, or duties under this Act if a matter is of local significance to that board.
Compare: 1991 No 69 s 34(1)–(3B)
61 Further provisions on delegation
(1)
A delegation under section 60 may—
(a)
be made on the terms and conditions that the local authority thinks appropriate; and
(b)
be revoked at any time by written notice to the delegate.
(2)
Unless the instrument of delegation provides differently, a body to whom a function, power, or duty is delegated under section 60 may exercise or perform the function, power, or duty as the local authority could itself have done and with the same effect, without confirmation of the local authority.
(3)
A body authorised to act under a delegation under section 60 is presumed to be acting in accordance with the terms of the delegation, unless there is proof to the contrary.
(4)
A delegation under section 60 does not affect the performance or exercise of any function, power, or duty by the local authority.
Compare: 1991 No 69 s 34(7)–(10)
62 Delegation of powers and functions to employees and other persons
(1)
A local authority may delegate to an employee, or a hearings commissioner appointed by the local authority (who may or may not be a member of the local authority), any functions, powers, or duties under this Act except this power of delegation.
(2)
A local authority may delegate to any other person any functions, powers, or duties under this Act except the following:
(a)
the power to delegate in subsection (1):
(b)
the power to make a decision on an application for a resource consent:
(c)
the power to make a recommendation on a requirement for a designation.
(3)
Section 61 applies to a delegation under this section.
Compare: 1991 No 69 s 34A
Joint management agreements
63 Power to make joint management agreements
(1)
If a local authority or regional planning committee receives a request for a joint management agreement from another possible party, it must, after carefully considering the request,—
(a)
notify the Minister of the request; and
(b)
satisfy itself that each possible party to the proposed joint agreement—
(i)
represents the relevant community of interest; and
(ii)
has the technical or special capability or expertise to perform or exercise the function, power, or duty jointly with the local authority.
(2)
However, the requirements of subsection (1)(b) do not apply in the case of a joint management agreement entered into with an iwi authority or group representing hapū.
(3)
A regional planning committee must not enter into a joint management agreement that provides for final approval of a plan to be given jointly.
(4)
A local authority or regional planning committee must, in addition to the matters of substance agreed by the parties, also include in the joint management agreement details describing—
(a)
the resources that will be required for the administration of the agreement; and
(b)
how the administrative costs of the joint management agreement will be met; and
(c)
how the agreement may be altered or terminated; and
(d)
how risks and liabilities will be allocated between or among the parties to the joint management agreement.
(5)
In addition, the requirements of section 59(4) and (5) apply to a request to enter into a joint management agreement.
(6)
A local authority or regional planning committee, as relevant, that meets the requirements of subsections (1) and (2) may enter into a joint management agreement.
(7)
In this section and section 64, possible party means a local authority, regional planning committee, iwi authority, or group representing hapū.
64 When local authority or regional planning committee may act alone
(1)
This section applies if a joint management agreement requires the parties to perform or exercise a specified function, power, or duty together but the agreement does not specify how such a decision is to be made.
(2)
The local authority or regional planning committee may perform or exercise the function, power, or duty by itself if a decision is required before the parties are able to do so together.
Compare: 1991 No 69 s 36C
65 Effect of joint management agreement
A decision made under a joint management agreement has legal effect as a decision of the local authority or regional planning committee.
Compare: 1991 No 69 s 36D
Subpart 5—National Māori Entity
66 National Māori Entity established
(1)
The National Māori Entity is, on 1 March 2024, established as an independent statutory entity.
(2)
The National Māori Entity is a body corporate with perpetual succession.
(3)
For the purpose of performing its functions and duties, and exercising its powers under this Act and the Spatial Planning Act 2023, it—
(a)
has full capacity to undertake any business or activity, do any act, or enter into any transaction; and
(b)
for the purposes of paragraph (a), has full rights, powers, and privileges.
(4)
Subsection (3) applies, subject to—
(a)
the appointment under this subpart of the members of the National Māori Entity (see section 74); and
(b)
the provisions of this Act, any other enactment, and the general law.
(5)
In this subpart, monitored entities means any of the following:
(a)
Ministers:
(b)
public service agencies:
(c)
local authorities and unitary authorities:
(d)
regional planning committees:
(e)
any other persons or groups acting under this Act or the Spatial Planning Act 2023, but excluding any court or tribunal acting under this Act or the Spatial Planning Act 2023.
67 Purpose of National Māori Entity
In order to inform improvement in the resource management system at the national and regional levels, the purpose of establishing the National Māori Entity is to provide independent monitoring of the cumulative effect of decisions made by persons exercising powers and performing functions and duties in giving effect to the principles of te Tiriti o Waitangi under this Act and the Spatial Planning Act 2023.
68 Independence of National Māori Entity
(1)
In performing its functions and duties and exercising its powers under this Act, the National Māori Entity must act independently of—
(a)
any Minister of the Crown or Crown agency:
(b)
any persons, entities, or groups of persons with functions, powers, or duties under this Act or the Spatial Planning Act 2023:
(c)
iwi, hapū, and Māori.
(2)
However, the National Māori Entity may, at its discretion, operate collaboratively with, and be informed by information provided by, any person, entity, or group referred to in subsection (1).
Monitoring and reporting functions
69 Functions, powers, and duties of National Māori Entity
(1)
When the National Māori Entity is monitoring entities to assess whether the system is giving effect to the principles of te Tiriti o Waitangi (see section 5 of this Act and section 5 of the Spatial Planning Act 2023), the primary function of the National Māori Entity is to assess—
(a)
the significant actions taken by monitored entities; and
(b)
the cumulative effects of those actions.
(2)
In carrying out its primary function, the National Māori Entity must—
(a)
develop, and make publicly available, a framework for its monitoring function; and
(b)
regularly monitor the operations of those performing functions and duties and exercising powers under this Act and the Spatial Planning Act 2023; and
(c)
assess whether any issues identified through monitoring are relevant to the duty of the monitored entities to give effect to the principles of te Tiriti o Waitangi; and
(d)
make recommendations to the monitored entities, including whether ministerial intervention is required—
(i)
in relation to the performance of a monitored entity:
(ii)
if issues at a national, regional, or local level are identified.
(3)
The National Māori Entity, on its own initiative or upon request from any person, may—
(a)
carry out monitoring outside the regular cycle, if it considers it necessary to achieve its purpose; and
(b)
through its primary function, provide expert advice in relation to—
(ii)
the evaluation framework (see section 772(3)); and
(iii)
any other matter relevant to the primary function of the Entity.
70 Obligation to report on monitoring activities
(1)
The National Māori Entity, informed by its monitoring activities as required by section 69,—
(a)
must report to each monitored entity as soon as practicable after concluding its monitoring of that entity; and
(b)
must advise the monitored entity of its duty to respond within the time specified; and
(c)
may require any information.
(2)
The National Māori Entity may prepare and provide reports under subsection (1)(a) by whatever means it considers appropriate.
(3)
The National Māori Entity must also report to the Minister, at least once every 6 years, to show on a national basis whether the environment is being effectively managed to give effect to the principles of te Tiriti o Waitangi.
(4)
Reports provided by the National Māori Entity to the Minister may include recommendations as to intervention by the Minister if the National Māori Entity considers that significant issues have been identified in the performance by the monitored entity.
(5)
All monitoring reports prepared by the National Māori Entity, and the associated responses from the monitored entities, must be made publicly available by the National Māori Entity.
71 Responses to reports
(1)
The Minister, and each monitored entity that receives a report from the National Māori Entity under section 70, must respond to the report and its recommendations (if any),—
(a)
in the case of the Minister, as soon as practicable, but no later than 6 months of receiving the report; and
(b)
in the case of a monitored entity, within the time frame specified in the report.
(2)
Responses must demonstrate that the monitored entity has considered—
(a)
the findings and any recommendations included in the report; and
(b)
what measures it intends to take in relation to those matters.
(3)
The Minister must, as soon as practicable, present to the House of Representatives a copy of the report received by the Minister and a copy of the Minister’s response.
72 Information held by National Māori Entity
(1)
The National Māori Entity may share information with any monitored entity if the National Māori Entity is satisfied that providing the information—
(a)
is necessary to further the purpose of the Entity; and
(b)
may assist the monitored entity or the National Māori Entity to carry out their functions under this Act or other legislation.
(2)
However, subsection (1) is subject to the National Māori Entity being satisfied that—
(a)
sharing information under that provision will not have a substantial effect on the Entity’s performance of its functions; and
(b)
there are, or will be, appropriate protections in place to ensure that the confidentiality of information to be shared is maintained (in particular, information that is personal information within the meaning of the Privacy Act 2020).
Provisions relating to appointments to National Māori Entity
73 Nominating committee
(1)
The Minister must establish a nominating committee whose role is to recommend persons for appointment as members of the National Māori Entity.
(2)
The nominating committee must have 5 members who, in the opinion of the Minister, have the skills and expertise that qualify them to identify suitable candidates for membership of the Entity.
(3)
The nominating committee must—
(a)
call for expressions of interest for membership of the Entity from iwi, hapū, and Māori; and
(b)
make recommendations to the Minister after considering the expressions of interest received.
(4)
The nominating committee may only include in its recommendations persons who—
(a)
have been nominated in accordance with subsection (3)(a); and
(b)
meet the requirements for the collective skills described in section 74(3).
74 Membership
(1)
The National Māori Entity consists of 7 members appointed by the Minister.
(2)
In making appointments, the Minister—
(a)
must not appoint a person unless that person is recommended by the nominating committee (see section 73); and
(b)
must consult the Minister of Māori Development and the Minister for Māori Crown Relations: Te Arawhiti.
(3)
When appointing members from the persons recommended by the nominating committee under section 73, the Minister must be satisfied that the members, collectively, have knowledge of, and experience and capability in relation to,—
(a)
te Tiriti o Waitangi and its principles; and
(b)
tikanga Māori, te reo Māori, and mātauranga Māori; and
(c)
monitoring and reporting performance; and
(d)
knowledge of this Act and the Spatial Planning Act 2023; and
(e)
expertise in communication, particularly with iwi, hapū, Māori, and local government; and
(f)
governance.
(4)
No person may be appointed who is disqualified within the meaning of section 30(2) of the Crown Entities Act 2004.
(5)
The Minister must give public notice of all appointments.
75 Term of office of members
(1)
Members of the National Māori Entity may hold office for up to 6 years.
(2)
However, the term of office must not expire in a calendar year for more than 3 members.
76 Chairperson and deputy chairperson
The members of the National Māori Entity must appoint the chairperson and deputy chairperson of the Entity.
77 Removal and resignation of chairperson, deputy chairperson, and members
(1)
The Minister may, at any time for just cause, remove a member from the National Māori Entity, after consulting the Minister for Māori Crown Relations: Te Arawhiti and the chairperson.
(2)
The chairperson or deputy chairperson may be removed from that office by the members of the National Māori Entity, but only by a two-thirds majority vote.
(3)
The Minister must—
(a)
give written notice of the removal to the member (with a copy to the National Māori Entity); and
(b)
notify the removal in the Gazette as soon as practicable after that notice is given.
(4)
By written notice to the members, the chairperson or deputy chairperson may resign from that office, without resigning as a member.
(5)
In this section, just cause has the meaning given in section 40 of the Crown Entities Act 2004.
78 Recovery of certain costs
If the National Māori Entity provides expert advice in response to a request under section 69(3)(b), the Entity is entitled to recover its reasonable costs from the monitored entity that made the request.
Power to adopt new name
79 National Māori Entity may change name
(1)
The Governor-General may, on the recommendation of the Minister for the Environment after receiving a recommendation from the National Māori Entity, change the name of the National Māori Entity.
(2)
To avoid doubt, the National Māori Entity does not cease to be an independent statutory entity merely because its name is changed under subsection (2).
(3)
An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 2009 No 32 s 83.
| 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. | ||||
Application of Crown Entities Act 2004
80 Application of Crown Entities Act 2004 to National Māori Entity
The following provisions of the Crown Entities Act 2004 apply to the National Māori Entity, subject to this Act and all necessary modifications:
(a)
sections 14 to 24 (general provisions on an entity); and
(b)
sections 25 to 27A (role of Minister and entity); and
(c)
sections 30, 31, 32(2) and (3), 34, 35, 43, 44, 45(a) and (d), 47 to 78 (role and responsibilities of members); and
(d)
sections 105, 106, 112 to 115A (independence); and
(e)
sections 117 to 130, 132 to 135 (administrative matters); and
(f)
Part 4 (reporting and financial obligations); and
(g)
Schedule 5 (other than clauses 1, 3, and 4) (administrative procedures).
Application of other Acts
81 Application of certain other Acts
(1)
The National Māori Entity is an organisation for the purposes of the Ombudsmen Act 1975 and the Official Information Act 1982.
(2)
The National Māori Entity is a public entity as defined in section 5 of the Public Audit Act 2001, and the Auditor-General is its auditor.
(3)
The National Māori Entity is a public office for the purposes of the Public Records Act 2005.
Subpart 6—Mana Whakahono ā Rohe
82 Definitions
In this subpart,—
initiating parties has the meaning given in section 86
participating authorities means the parties referred to in section 86(5), of which at least 1 party must be—
(a)
an iwi authority or group that represents hapū; and
(b)
a local authority or regional planning committee
participating iwi authority and group that represents hapū means an iwi authority and a group that represents hapū that—
(a)
have agreed to participate in a Mana Whakahono ā Rohe; and
(b)
have agreed the order in which negotiations are to be conducted
relevant party means, in relation to section 86(2), an iwi authority, a group that represents hapū, a local authority, or a regional planning committee whose area of interest overlaps with, or is adjacent to, the area of interest of an initiating party.
83 Purpose of Mana Whakahono ā Rohe
(1)
The purpose of adopting a Mana Whakahono ā Rohe is—
(a)
to provide a mechanism for iwi authorities, groups that represent hapū, local authorities, and regional planning committees to discuss, agree on, and record ways in which the iwi and hapū parties to the Mana Whakahono ā Rohe participate in resource management and decision-making processes under this Act; and
(b)
to assist local authorities and regional planning committees to comply with their statutory duties under this Act, the Spatial Planning Act 2023, and iwi and hapū participation legislation.
(2)
The parties to a Mana Whakahono ā Rohe may be any 2 or more iwi authorities, groups representing hapū, local authorities, or regional planning committees, but at least 1 party must be an iwi authority or group representing hapū.
Compare: 1991 No 69 s 58M
84 Guiding principles
In initiating, developing, and implementing a Mana Whakahono ā Rohe, the participating authorities must use their best endeavours—
(a)
to achieve the purpose of a Mana Whakahono ā Rohe in an enduring manner:
(b)
to achieve the opportunities for collaboration amongst the participating authorities, including by promoting—
(i)
the use of integrated processes:
(ii)
co-ordination of the resources required to undertake the obligations and responsibilities of the parties to the Mana Whakahono ā Rohe:
(c)
in determining whether to proceed to negotiate a joint or multi-party Mana Whakahono ā Rohe, to achieve the most effective and efficient means of meeting the statutory obligations of the participating authorities:
(d)
to work together in good faith and in a spirit of co-operation:
(e)
to communicate with each other in an open, transparent, and honest manner:
(f)
to recognise and acknowledge the benefit of working together by sharing their respective vision and expertise:
(g)
to commit to meeting statutory time frames and minimise delays and costs associated with the statutory processes:
(h)
to recognise that a Mana Whakahono ā Rohe under this subpart does not limit the requirements of any relevant iwi and hapū participation legislation or the agreements associated with that legislation.
Compare: 1991 No 69 s 58N
85 Limitations on implementing Mana Whakahono ā Rohe arrangement
(1)
A Mana Whakahono ā Rohe arrangement cannot limit or otherwise constrain the engagement with iwi and hapū or other Māori groups with interests that is required by or under this Act or the Spatial Planning Act 2023.
(2)
A Mana Whakahono ā Rohe does not limit any relevant provision of any iwi or hapū participation legislation or any agreement under that legislation.
(3)
Unless the participating authorities agree,—
(a)
the contents of a Mana Whakahono ā Rohe must not be altered; and
(b)
a Mana Whakahono ā Rohe must not be terminated.
(4)
If 2 or more iwi authorities or groups that represent hapū have, collectively, entered into a Mana Whakahono ā Rohe with a local authority or regional planning committee, any 1 of the participating authorities, if it seeks to amend the contents of the Mana Whakahono ā Rohe, must negotiate with the other participating authorities, rather than seeking to enter into a new Mana Whakahono ā Rohe.
(5)
Local authorities and regional planning committees must not discuss or agree matters as part of a Mana Whakahono ā Rohe, unless the matters are within the scope of their functions, powers, or duties under this Act or the Spatial Planning Act 2023.
Compare: 1991 No 69 ss 58R(5), (6), 58U
86 Initiation of Mana Whakahono ā Rohe
(1)
At any time other than in the period that is 90 days before the date of a triennial election under the Local Electoral Act 2001, 1 or more iwi authorities, groups representing hapū, local authorities, or regional planning committees (the initiating parties) may invite 1 or more relevant iwi authorities, groups representing hapū, local authorities, or regional planning committees in writing to enter into a Mana Whakahono ā Rohe with the 1 or more initiating parties.
(2)
As soon as is reasonably practicable after receiving an invitation under subsection (1), the local authorities and regional planning committees—
(a)
must advise any relevant party that the invitation has been received; and
(b)
must convene a hui or meeting of the initiating parties and any relevant party identified under paragraph (a) that wishes to participate to discuss how they will work together to develop a Mana Whakahono ā Rohe under this subpart.
(3)
After an invitation has been received, local authorities and the regional planning committee must attend the hui or meeting convened under subsection (2)(b).
(4)
Iwi authorities and groups that represent hapū may attend and participate if they wish to participate in the Mana Whakahono ā Rohe arrangement but are not required to do so if they do not wish to.
(5)
The hui or meeting required by subsection (2)(b) must be held not later than 60 working days after the invitation sent under subsection (1) is received, unless the parties agree otherwise.
(6)
The purpose of the hui or meeting is to provide an opportunity for the parties concerned to discuss and agree on—
(a)
the process for negotiation of 1 or more Mana Whakahono ā Rohe; and
(b)
which parties are to be involved in the negotiations; and
(c)
the times by which specified stages of the negotiations must be concluded.
(7)
The parties that are able to agree at the hui or meeting how they will develop a Mana Whakahono ā Rohe (the participating authorities) must proceed to negotiate the terms of the Mana Whakahono ā Rohe in accordance with that agreement and this subpart.
(8)
If 1 or more participating authorities in an area are negotiating a Mana Whakahono ā Rohe and a further invitation is received under subsection (1), the participating authorities and parties that have given a further invitation may agree on the order in which they negotiate the Mana Whakahono ā Rohe.
(9)
If an iwi authority, a group representing hapū, a local authority, or a regional planning committee have at any time entered into a relationship agreement or engagement agreement, to the extent that the agreement relates to resource management matters, the parties to that agreement may, by written agreement, treat that agreement as if it were a Mana Whakahono ā Rohe entered into under this subpart.
(10)
If a Mana Whakahono ā Rohe meets the purpose and functions of an engagement agreement, the participating authorities may agree in writing that the Mana Whakahono ā Rohe properly meets the requirements and a separate engagement agreement is not required.
(11)
The participating authorities must take account of the extent to which resource management matters are included in any iwi or hapū participation legislation and seek to minimise duplication between the functions of the participating authorities under that legislation and those arising under the Mana Whakahono ā Rohe.
(12)
Nothing in this subpart prevents a local authority or regional planning committee from commencing, continuing, or completing any process under the Act while waiting for a response from, or negotiating a Mana Whakahono ā Rohe with, 1 or more iwi authorities, groups that represent hapū, local authorities, or regional planning committees.
Compare: 1991 No 69 s 58O
87 Other opportunities to initiate Mana Whakahono ā Rohe
(1)
An iwi authority, a group that represents hapū, a local authority, or a regional planning committee that, at the time of receiving an invitation to a meeting or hui under section 86(2)(b), does not wish to participate in negotiating a Mana Whakahono ā Rohe, or withdraws from negotiations before a Mana Whakahono ā Rohe is agreed, may participate in, or initiate, a Mana Whakahono ā Rohe at any later time (other than within the period that is 90 days before a triennial election under the Local Electoral Act 2001).
(2)
If a Mana Whakahono ā Rohe exists and another iwi authority, group representing hapū, or a local authority or regional planning committee in the same area as the existing Mana Whakahono ā Rohe wishes to initiate a separate Mana Whakahono ā Rohe under section 86(1), that other party must first consider joining the existing Mana Whakahono ā Rohe.
(3)
If any party that is eligible to join an existing Mana Whakahono ā Rohe declines to do so, that party must explain to the parties to the existing arrangement why joining that arrangement would not adequately provide for the intended relationship before initiating a separate Mana Whakahono ā Rohe.
(4)
Local authorities and regional planning committees must—
(a)
regularly consider any opportunities to initiate a Mana Whakahono ā Rohe; and
(b)
report annually to the National Māori Entity on how they have considered opportunities to initiate a Mana Whakahono ā Rohe.
(5)
The provisions of this subpart apply to any initiation under subsection (1).
Compare: 1991 No 69 s 58P(1)–(3)
88 Time frame for settling Mana Whakahono ā Rohe
If an invitation is initiated under section 86(1), the participating authorities must conclude a Mana Whakahono ā Rohe—
(a)
not later than 12 months after the date on which the invitation is received; or
(b)
within any other period agreed by all the participating authorities.
Compare: 1991 No 69 s 58Q
89 Contents of Mana Whakahono ā Rohe
(1)
A Mana Whakahono ā Rohe must—
(a)
be recorded in writing; and
(b)
identify the participating authorities; and
(c)
record the agreement of the participating authorities about—
(i)
how to implement the requirements of iwi and hapū participation legislation in the area of interest under the Mana Whakahono ā Rohe; and
(ii)
how the participating authorities may undertake engagement and provide for technical input and funding to participate in planning processes under this Act and in the strategy processes under the Spatial Planning Act 2023; and
(iii)
how the participating authorities may work together to develop and agree on methods for monitoring under this Act and under the Spatial Planning Act 2023; and
(iv)
how the participating authorities may work together on matters relating to climate change adaptation and natural hazards relevant to the areas of interest of the participating authorities; and
(v)
how opportunities will be created for the transfer of powers under section 57 and the establishment of joint management agreements under section 63; and
(vi)
how the participating authorities will provide support for particular regard to be taken of iwi and hapū management plans; and
(vii)
how members of iwi authorities and groups that represent hapū can access opportunities for training as commissioners; and
(viii)
how the participating authorities may enable relationships to be created with council-controlled organisations that operate within the areas of interest of the participating authorities; and
(ix)
how the participating authorities may provide for mutual capability-building (including capacity-building) in relation to cultural connections and mātauranga Māori that are specific to the areas of interest of the participating authorities; and
(x)
how opportunities may be provided for iwi authorities and groups that represent hapū jointly to manage a local authority’s powers as a heritage protection authority; and
(xi)
how the participating authorities may support the application and implementation of the national planning framework; and
(xii)
the protocols and processes that apply to support the sharing of information among the participating authorities; and
(xiii)
a process for identifying and managing conflicts of interest; and
(xiv)
the process that the parties will use for resolving disputes about the implementation of the Mana Whakahono ā Rohe, including the matters described in section 90; and
(xv)
the time frames for implementing matters that are agreed in any Mana Whakahono ā Rohe; and
(xvi)
the time frame and method applying to a regular review of the effectiveness of a Mana Whakahono ā Rohe, as required by section 95.
(2)
If the participating authorities agree, they may discuss and agree on any other matters relevant to their functions, duties, and powers under this Act or any other Act.
(3)
The agreement recorded under subsection (1) may record an agreement to take no action on a matter.
Compare: 1991 No 69 s 58R(1)
90 Dispute resolution process recorded in Mana Whakahono ā Rohe
(1)
The dispute resolution process recorded in a Mana Whakahono ā Rohe under section 89 must—
(a)
set out the extent to which the outcome of the process may amount to an agreement—
(i)
to alter or terminate a Mana Whakahono ā Rohe:
(ii)
to complete the review of the policies and processes of a local authority or regional planning committee to ensure that they are consistent with a Mana Whakahono ā Rohe at a later date:
(iii)
to conduct a joint review of the effectiveness of a Mana Whakahono ā Rohe at a later date:
(iv)
to undertake any additional reporting; and
(b)
require each participating authority to bear its own costs for any dispute resolution process undertaken.
(2)
A dispute resolution process must not require a local authority or regional planning committee to suspend commencing, continuing, or completing any process under this Act or the Spatial Planning Act 2023 while the dispute resolution process is in contemplation or is in progress.
Compare: 1991 No 69 s 58R(2), (3)
91 Resolution of disputes in course of negotiations
(1)
This section applies if a dispute arises among participating authorities in the course of negotiating a Mana Whakahono ā Rohe.
(2)
The participating authorities—
(a)
may undertake a binding process to resolve the dispute; but
(b)
if they do not agree on a binding process, must undertake a non-binding process of dispute resolution.
(3)
Whether the participating authorities choose a binding or non-binding process, each authority must—
(a)
jointly appoint an arbitrator or a mediator; and
(b)
meet its own costs.
(4)
If the dispute is not resolved after a non-binding process has been undertaken, the participating authorities may individually or jointly seek the assistance of the Minister.
(5)
The Minister, for the purpose of assisting the participating authorities to resolve the dispute and conclude a Mana Whakahono ā Rohe, may—
(a)
appoint, and meet the costs of, a Crown facilitator:
(b)
direct the participating authorities to use a specified dispute resolution process for that purpose.
Compare: 1991 No 69 s 58S
92 Further dispute resolution methods
(1)
This section applies if there is a dispute among iwi authorities and groups representing hapū, where—
(a)
the disputing parties—
(i)
have an overlapping area of interest; and
(ii)
do not wish to work collectively on developing a Mana Whakahono ā Rohe arrangement; and
(b)
the dispute would impact on the exercise of functions under this Act or any other Act that are proposed to be included in the Mana Whakahono ā Rohe.
(2)
The parties to the dispute must—
(a)
attend a hui facilitated by an independent person appointed by the Māori Land Court; and
(b)
if the dispute remains unresolved, participate in a formal mediation process with an independent panel appointed by the Chief Judge of the Māori Land Court or the Judge’s delegate.
(3)
If the dispute is not resolved under subsection (2), the Chief Judge of the Māori Land Court must make a final determination of the matter using the provisions of Te Ture Whenua Maori Act 1993 provided by section 93.
93 Jurisdiction of Māori Land Court under this Act
(1)
For the purpose of assisting to resolve a dispute of the kind described in section 92(1), the Māori Land Court has jurisdiction to hear such a dispute if resolution has not been reached under section 92.
(2)
Proceedings may be filed by or on behalf of—
(a)
any party to the dispute; or
(b)
any person bound, or materially affected, by the dispute.
(3)
Proceedings must be commenced by notice given in the form and manner prescribed not later than—
(a)
2 months after the date of the hui referred to in section 92(2)(a) or the mediation process referred to in section 92(2)(b); or
(b)
any further period that the Māori Land Court may allow.
94 Matters relevant to determination
(1)
When a dispute is referred to the Māori Land Court under this subpart, the Judge or an officer of the court on behalf of the Judge must—
(a)
consider whether the parties have attempted to resolve the dispute by attending a hui or undertaking formal mediation (see section 92(2)); and
(b)
if not satisfied that every effort was made to resolve the matter using one of those processes, direct that one of those dispute resolution measures be used before the court hears the matter.
(2)
However, the Judge may proceed to hear the matter if the Judge is satisfied that using either of those measures—
(a)
would not contribute constructively to resolving the dispute; or
(b)
would undermine the urgent or interim nature of the proceedings; or
(c)
would not, in all the circumstances, be in the public interest.
95 Notifying, reviewing, and monitoring
(1)
A local authority or regional planning committee must—
(a)
notify the Minister when—
(i)
a Mana Whakahono ā Rohe is initiated under section 86; and
(ii)
the arrangement is achieved, altered, or terminated; and
(b)
after entering into a Mana Whakahono ā Rohe, must review its policies and processes in accordance with this section to ensure that they are consistent with the Mana Whakahono ā Rohe.
(2)
The review must be completed not later than 6 months after the date of the Mana Whakahono ā Rohe, unless a later date is agreed by the parties to the Mana Whakahono ā Rohe.
(3)
Every sixth anniversary after the date of a Mana Whakahono ā Rohe, or at any other time by agreement, the parties to the Mana Whakahono ā Rohe must jointly review its effectiveness, having regard to—
(a)
the purpose of a Mana Whakahono ā Rohe; and
(b)
the guiding principles set out in section 84.
(4)
The obligations under this section are in addition to the obligations of a local authority under—
(a)
section 784 (supply of information):
(b)
section 777 (monitoring and record keeping).
Compare: 1991 No 69 s 58T
Subpart 7—Freshwater Working Group
Establishment and role of Working Group
96 Establishment of Working Group
The Minister must establish a working group to be called the Freshwater Working Group (the Working Group).
97 Purpose of Working Group
The purpose of the Working Group is to produce a report that considers and makes recommendations—
(a)
on matters relating to freshwater allocation; and
(b)
on a process for engagement between the Crown and iwi and hapū, at the regional or local level, on freshwater allocation.
98 Terms of reference for Working Group
The terms of reference for the Working Group must include the following:
(a)
the skills and expertise required by members of the Working Group; and
(b)
the process for the appointment, by the Crown and iwi and hapū, of the members of the Working Group; and
(c)
any particular matters to be considered and dealt with by the Working Group; and
(d)
any engagement that the Working Group should undertake with iwi and hapū or any other persons or groups in the course of deliberation.
99 Requirement for report and response
(1)
The Working Group must provide the required report to the Minister not later than 31 October 2024.
(2)
The Minister must make the report publicly available by whatever means the Minister considers appropriate.
(3)
Not later than 6 months after receiving the report, the Minister, on behalf of the Crown, must present a response on the report to the House of Representatives.
100 Freshwater allocation matters
(1)
After the Minister’s response has been presented to the House of Representatives, the Minister, on behalf of the Crown, must engage with iwi and hapū at the regional or local level on matters of freshwater allocation that are relevant to the plan for the region.
(2)
The outcome of the engagement undertaken under subsection (1) may be reflected in an allocation statement on the issues relevant to the allocation of freshwater, if agreed between the Minister and iwi and hapū.
(3)
An allocation statement may be developed and agreed—
(a)
at a regional, catchment, or sub-catchment level; or
(b)
over another geographic area.
(4)
The engagement required under subsection (1) must be commenced not later than 12 months after the date on which the Minister receives written notice from an iwi or hapū, or a group of iwi and hapū, in relation to an area.
(5)
The Minister must support the submission of the allocation statement to the relevant regional planning committee.
(6)
When a regional planning committee receives an allocation statement submitted under subsection (5), the regional planning committee must update the plan in accordance with Schedule 6.
(7)
The updating required by subsection (6) must be completed by whichever date is the earlier of the following:
(a)
the date of the next review of the plan; or
(b)
the date that is 5 years after the regional planning committee receives the allocation statement.
Part 4 National planning framework
Subpart 1—Requirements for national planning framework
101 National planning framework
There must at all times be a national planning framework.
102 Purpose of national planning framework
The purpose of the national planning framework is to achieve the purpose of this Act by—
(a)
providing direction on the integrated management of the environment in relation to—
(i)
matters of national significance; and
(ii)
matters for which national consistency is desirable; and
(iii)
matters for which consistency is desirable in some, but not all, parts of New Zealand; and
(b)
providing direction on the resolution of conflicts about environmental matters, including those between or among system outcomes; and
(c)
setting environmental limits and targets.
103 National planning framework to be made as regulations
(1)
The Governor-General may, by Order in Council made on the recommendation of the responsible Minister, make the national planning framework in the form of regulations.
(2)
The regulations may apply—
(a)
to any specified region or district of a local authority; or
(b)
to any specified part of New Zealand.
(3)
Regulations made under this section 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 | The maker must publish it on an Internet site maintained by or on behalf of the chief executive of the Ministry for the Environment (see Schedule 5, clause 33(1)). | LA19 s 69(1)(c) | ||
| If, pursuant to clause 33(2) of Schedule 5, the Attorney-General directs that clause 30(1) does not apply, PCO must publish it on the legislation website and notify it in the Gazette. | ||||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114, Sch 1 cl 32(1)(a) | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
104 Te Ture Whaimana
(1)
Te Ture Whaimana is intended by Parliament to be the primary direction-setting document for the Waikato and Waipā Rivers and activities within their catchments affecting the rivers (see the legislation referred to in subsection (3)).
(2)
Te Ture Whaimana—
(a)
prevails over any inconsistent provision in the national planning framework; and
(b)
in its entirety is deemed to be part of any plan made under this Act that affects the Waikato River or the Waipā River or activities within their catchments, and the remainder of the plan must give effect to Te Ture Whaimana.
(3)
In this section, Te Ture Whaimana means the vision and strategy set out in—
(a)
Schedule 2 of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010; and
(b)
Schedule 1 of the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010; and
(c)
Schedule 1 of the Nga Wai o Maniapoto (Waipa River) Act 2012.
Subpart 2—Environmental limits and targets
Purpose of environmental limits and targets
105 Purpose of environmental limits
(1)
The purpose of setting environmental limits,—
(a)
in relation to ecological integrity, is to prevent the ecological integrity of an aspect of the natural environment from degrading from the state it was in at the commencement of this Part:
(b)
in relation to human health, is to protect human health.
(2)
However, this section does not affect an environmental limit that is formed under section 112(1)(b) or (c).
106 Purpose of minimum acceptable limits
The purpose of setting a minimum acceptable limit is to drive improvement in the ecological integrity of an aspect of the natural environment—
(a)
for which an environmental limit is required; but
(b)
that is determined to be unacceptably degraded (see section 112).
107 Purpose of mandatory targets
The purpose of setting a mandatory target in relation to an aspect of the natural environment (for which an environmental limit is required) is to present a desired future state in order to—
(a)
drive improvement in ecological integrity; and
(b)
reduce risks to human health.
108 Purpose of discretionary targets
The purpose of setting a discretionary target is to drive improvement in a matter for which a target is not required but is relevant to achieving—
(a)
a system outcome (see section 6); or
(b)
a framework outcome; or
(c)
a plan outcome.
Environmental limits
109 Environmental limits
(1)
Environmental limits must be set in relation to the following aspects of the natural environment:
(a)
air:
(b)
indigenous biodiversity:
(c)
coastal water:
(d)
estuaries:
(e)
freshwater:
(f)
soil.
(2)
Environmental limits may be set for any other aspect of the natural environment in accordance with the purpose of environmental limits.
(3)
In this section,—
air means the composition of the shallow layer of gases, vapours, and particulates surrounding the earth, that is, the lower atmosphere (troposphere) in which people live
soil means a natural evolving body that—
(a)
is formed on the land surface; and
(b)
is a product of its environment; and
(c)
contains mineral and organic constituents.
110 How environmental limits are to be set
The responsible Minister must, in the national planning framework,—
(a)
set environmental limits; or
(b)
prescribe the requirements for environmental limits to be set in plans, including—
(i)
setting requirements for the process to be followed:
(ii)
setting out the substantive requirements.
111 Form of environmental limits
(1)
An environmental limit must be expressed as relating to the ecological integrity of an aspect of the natural environment or to human health.
(2)
Environmental limits must be set as—
(a)
a biophysical state for a management unit; or
(b)
the amount of harm or stress to the natural environment that may be permitted in a management unit.
(3)
An environmental limit that relates to the ecological integrity of an aspect of the natural environment must be set to reflect—
(a)
the state existing in a management unit at the commencement of this Part; or
(b)
the amount of harm or stress occurring to the natural environment in a management unit at the commencement of this Part.
(4)
An environmental limit that relates to human health must be informed by relevant health guidelines published or advised by the Ministry of Health or the Minister of Health.
(5)
An environmental limit may be—
(a)
qualitative or quantitative:
(b)
set at different levels for different management units:
(c)
set in a way that integrates more than 1 of the aspects of the natural environment listed in section 109(1).
(6)
An environmental limit must be able to be assessed.
(7)
Subsection (3) does not affect an environmental limit formed under section 112(1)(b) or (c).
112 When minimum acceptable limit must be set
(1)
If the responsible Minister is satisfied that the ecological integrity of an aspect of the natural environment for which an environmental limit is required is unacceptably degraded,—
(a)
the Minister must—
(i)
set a minimum acceptable limit for that aspect in the national planning framework; or
(ii)
require that a minimum acceptable limit for that aspect be set in a plan; and
(b)
if an environmental limit has already been set for that aspect, on the date that the minimum acceptable limit applies, the minimum acceptable limit replaces the environmental limit; and
(c)
if no environmental limit has been set for that aspect, the minimum acceptable limit is the environmental limit.
(2)
In determining whether the ecological integrity of an aspect of the natural environment is unacceptably degraded, the responsible Minister must consider only the following matters:
(a)
whether the degradation of that aspect compromises the ability of future generations to provide for their needs and well-being; and
(b)
whether and how the state of that aspect—
(i)
poses risks to human health of current and future generations; and
(ii)
increases the risk of indigenous species being displaced or made extinct; and
(iii)
increases the risk of irreversible or significant harm to ecological integrity; and
(c)
the impact of any recent disaster event on that aspect and on the matters described in paragraphs (a) and (b); and
(d)
New Zealand’s international obligations that relate to that aspect.
(3)
The responsible Minister must—
(a)
be satisfied that the minimum acceptable limit is set at a level they are satisfied will remedy the degradation of the aspect of the natural environment to which it relates; but
(b)
if satisfied that it is not possible to remedy the degradation of that aspect, set the minimum acceptable limit at a level they are satisfied will improve that aspect to the extent practicable.
(4)
The responsible Minister must, in the national planning framework, require that a minimum acceptable limit that has been achieved must be maintained or improved.
113 Time frames for achieving minimum acceptable limits
(1)
The national planning framework may require a minimum acceptable limit relating to the ecological integrity of an aspect of the natural environment—
(a)
to be achieved by a date specified in the framework or plan; or
(b)
to be achieved through a series of steps designed to achieve progressive improvement over time.
(2)
The national planning framework or a plan must, for each step referred to in subsection (1)(b), specify a start date and a date by which the step is to be achieved.
(3)
When determining any time frame under this section, the responsible Minister or the regional planning committee (as the case may be) may consider any relevant matter, including well-being considerations.
(4)
Any time frame set in the national planning framework or a plan for achieving a minimum acceptable limit must be ambitious but reasonable.
114 Lack of scientific certainty no reason to delay or not set limits
When setting an environmental limit or a minimum acceptable limit that is required to be set in the national planning framework or a plan, the responsible Minister or the regional planning committee (as the case may be)—
(a)
must not delay setting the limit for the sole reason that there is lack of scientific certainty about—
(i)
the current state of the relevant aspect of the natural environment; or
(ii)
the cause of any loss or degradation to the ecological integrity of the relevant aspect of the natural environment; and
(b)
is not subject to section 8(1)(b) to (d) and (f); and
(c)
is not subject to sections 9(3) and 10(4).
Exemptions
115 Exemptions from environmental limits or minimum acceptable limits may be directed
(1)
The responsible Minister may, on request, direct in the national planning framework an exemption from—
(a)
an environmental limit relating to ecological integrity; or
(b)
a minimum acceptable target that has been achieved.
(2)
A regional planning committee, a Crown agency, or a requiring authority (a requester) may request the Minister for an exemption during the process of preparing or reviewing the national planning framework or a plan or regional spatial strategy.
(3)
If the requester is a Crown agency or a requiring authority, it must consult the regional planning committee before requesting an exemption.
(4)
The national planning framework must prescribe a process for making requests for an exemption.
(5)
A requester must demonstrate how they have considered options for complying with the environmental limit or the minimum acceptable limit that has been achieved.
(6)
If an exemption is directed, the responsible Minister must progress the direction as a change to the national planning framework, and Schedule 5 applies.
116 Essential features of exemption
(1)
An exemption from an environmental limit or a minimum acceptable limit that has been achieved must be designed to result in the least possible net loss of ecological integrity that is compatible with providing for the activity proposed.
(2)
The activity must provide identifiable public benefits that justify the loss of ecological integrity.
(3)
An exemption must be subject to a time limit that the responsible Minister thinks appropriate in the circumstances.
(4)
If the responsible Minister imposes conditions when granting an exemption, the conditions and the time limits imposed must be published in the relevant plan or regional spatial strategy, as the case requires.
117 When exemptions not to be directed
The responsible Minister must not direct an exemption if the Minister determines, after considering the matters set out in section 112(2),—
(a)
that the current state of ecological integrity in the area where the exemption would apply is unacceptably degraded; or
(b)
that an exemption would lead to an irreversible loss of ecological integrity.
Targets
118 Form of targets
(1)
A target is a directive made in the national planning framework or in a plan.
(2)
A target—
(a)
must be able to be assessed; and
(b)
must be achieved by a specified time; and
(c)
may be expressed as a series of steps, each with a time limit, designed to achieve progressive improvement over time.
119 Mandatory targets
(1)
Mandatory targets must be set for each aspect of the natural environment for which limits are required by section 109(1).
(2)
The responsible Minister may, in the national planning framework,—
(a)
set mandatory targets; or
(b)
prescribe the substantive or process requirements for targets that are to be set in plans.
(3)
The requirements prescribed under subsection (2)(b) may include—
(a)
a requirement that targets set in plans are to be set at or better than a minimum level specified in the national planning framework:
(b)
requirements relating to the time frame over which targets are to be achieved.
(4)
Mandatory targets must,—
(a)
in all cases, be set at a level equal to or better than that of the associated environmental limit; and
(b)
for mandatory targets set in plans, comply with the relevant requirements in the national planning framework.
(5)
When determining the level of a mandatory target or the time frame over which it must be achieved, the responsible Minister or the regional planning committee (as the case may be)—
(a)
must consider any system outcome and any relevant discretionary target; and
(b)
may consider any relevant matter, including any well-being considerations.
(6)
The responsible Minister may, in the national planning framework, require a regional planning committee to consider whether a mandatory target that has been achieved should be maintained or improved.
120 Discretionary targets
(1)
Discretionary targets may be set for any matter that is not a matter for which a mandatory target is required if the matter is relevant to achieving—
(a)
a system outcome (see section 6); or
(b)
a framework outcome; or
(c)
a plan outcome.
(2)
Section 119(2) and (3) applies to discretionary targets.
(3)
A discretionary target must—
(a)
be consistent with any environmental limit or mandatory target; and
(b)
not undermine a minimum acceptable limit that has been achieved.
(4)
When determining the level of a discretionary target or the time frame in which it must be achieved, the responsible Minister or the regional planning committee (as the case may be) may consider any relevant matter, including any well-being considerations.
121 Considerations relating to customary marine title area
The responsible Minister must,—
(a)
in deciding whether to set an environmental limit or target in the national planning framework or whether to prescribe requirements for setting an environmental limit or target, consider whether the limit or target would directly affect a customary marine title group and (if they agree that it would) consider that as a factor in favour of setting the limit or target regionally; and
(b)
if they are setting in the national planning framework an environmental limit or target that applies to a management unit that includes a customary marine title area, consider any relevant planning document prepared under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011.
122 Protected customary rights may be exercised despite limit or target
A protected customary right may be exercised or continue to be exercised under the Marine and Coastal Area (Takutai Moana) Act 2011 despite any environmental limit or target set in the national planning framework or a plan.
123 Monitoring of limits and targets
The national planning framework must—
(a)
require the monitoring and reporting of environmental limits and targets; and
(b)
enable data obtained from that monitoring to be aggregated at a national level; and
(c)
enable data obtained from that monitoring to be made publicly available; and
(d)
enable iwi and hapū to be involved in monitoring of environmental limits and targets, including through the application of mātauranga Māori.
Management units
124 Management units
(1)
Management units must be set for—
(a)
every environmental limit; and
(b)
every target required under section 119(1) (which relates to mandatory targets).
(2)
Management units may be set for discretionary targets (see section 120).
(3)
The responsible Minister may, in the national planning framework,—
(a)
set management units:
(b)
prescribe substantive or procedural requirements to apply to setting management units in plans:
(c)
prescribe an environmental limit or target, but specify that the associated management unit is to be set in a plan.
(4)
A management unit may relate to more than 1 environmental limit or target.
125 Matters relevant to setting management units
(1)
In setting a management unit, the responsible Minister or a regional planning committee, as the case may be, must ensure that the size and location of the management unit—
(a)
are sufficient to enable environmental limits and their mandatory targets to meet the purposes set out in sections 105 and 107 respectively; and
(b)
are determined by reference to scientific knowledge and mātauranga Māori.
(2)
In determining what is sufficient under subsection (1)(a), the Minister or the planning committee, as the case may be, must consider the following matters:
(a)
whether areas with similar environmental pressures and characteristics could be grouped within a management unit for greater effectiveness and efficiency; and
(b)
the extent to which, in the particular location, it will be possible to measure factors such as—
(i)
the biophysical state of the natural environment; and
(ii)
the pressures on the environment; and
(iii)
any losses or gains in the health of the natural environment in the management unit.
(3)
Subject to subsection (1), the size and location of a management unit should be set to provide flexibility and to maximise opportunities for offsetting and other management approaches to be applied.
(4)
This section does not apply to management units set for environmental limits or targets relating to freshwater or air.
126 Management units for freshwater or air
The national planning framework may set management units for freshwater or air and provide direction on how they must be set or determined.
Subpart 3—Other required content
127 National planning framework must provide direction and provide for monitoring
(1)
The national planning framework must, in accordance with section 7, provide direction on—
(a)
how decision makers are to achieve the system outcomes; and
(b)
how the use and development of the environment is to promote the well-being of both present and future generations within the relevant environmental limits; and
(c)
the key long-term environmental matters and priorities and how they are to be dealt with.
(2)
The national planning framework must specify how the following will be monitored:
(a)
the implementation of the framework; and
(b)
the effectiveness of the framework.
128 National planning framework must provide for system outcomes and resolution of conflict about environmental matters
(1)
The national planning framework must, in accordance with section 7, provide—
(a)
for each system outcome; and
(b)
for the resolution of conflicts about environmental matters (including those between or among system outcomes) in a manner that is appropriate to the nature and scale of the conflict, including by—
(i)
directing how conflict is to be resolved; or
(ii)
providing criteria or guidance to decision makers under this Act.
(2)
Direction provided under subsection (1) need only be in the detail that is appropriate to the particular outcomes.
129 National planning framework must provide direction on certain matters
The national planning framework must include content that provides direction on—
(a)
the components of ecosystems that should be managed to protect—
(i)
the ecological integrity of the natural environment; and
(ii)
human health:
(b)
enabling papakāinga on Māori land:
(c)
enabling development capacity well ahead of expected demand:
(d)
enabling infrastructure and development corridors:
(e)
enabling renewable electricity generation and its transmission:
(f)
urban trees and green spaces:
(g)
enabling supply of fresh fruit and vegetables.
Subpart 4—Matters that may be provided for
130 National planning framework may direct how certain provisions must be given effect
The national planning framework may direct that certain provisions in the framework must be given effect to through plans or regional spatial strategies or both.
131 Contents of national planning framework
(1)
The national planning framework may—
(a)
state outcomes (framework outcomes) and policies (framework policies):
(b)
state rules (framework rules) and methods (other than rules) for implementing framework outcomes and policies:
(c)
set substantive or procedural requirements for regional spatial strategies and plans, including—
(i)
matters that regional planning committees must consider in preparing regional spatial strategies and plans:
(ii)
matters that regional planning committees are required to achieve or provide for in regional spatial strategies or plans:
(iii)
constraints or restrictions on the content of regional spatial strategies and plans:
(iv)
requirements relating to the structure and form of regional spatial strategies and plans:
(v)
requirements for definitions in regional spatial strategies and plans:
(d)
direct regional planning committees to insert specific provisions in their regional spatial strategies and plans:
(e)
direct regional planning committees to choose from a number of specific provisions to be included in their regional spatial strategies and plans:
(f)
direct regional planning committees and local authorities to collect or publish specified information in order to achieve the provisions of the national planning framework:
(g)
include any other matter relevant to the purpose or implementation of the national planning framework.
(2)
Without limiting subsection (1)(b), a framework rule may—
(a)
provide for any matter that a plan rule may provide for under section 186(3) and (6) to (9); and
(b)
set requirements, standards, and criteria that apply before a resource consent for an anticipated activity or a discretionary activity may be granted.
(3)
The national planning framework must clearly identify those provisions of the framework that are framework rules.
(4)
Section 186(10) applies to a framework rule made under this section.
132 National planning framework must not restrict Māori customary non-commercial fishing rights in certain secondary legislation
A provision of the national planning framework that restricts or controls the effects of fishing for the purposes of this Act must not prevent customary non-commercial fishing provided for in 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.
Subpart 5—Giving effect to national planning framework
133 Giving effect to national planning framework in plans
(1)
A regional planning committee must make any amendments required to give effect to a provision in the national planning framework in its plan by using a process in Schedule 6.
(2)
For the purpose of subsection (1), the national planning framework may specify which of the Schedule 6 processes a regional planning committee must use.
(3)
Despite subsection (1), the national planning framework may direct that regional planning committees must amend their plans without using a process in Schedule 6—
(a)
to insert specific provisions set out in the national planning framework; or
(b)
so that plan outcomes or policies in the plan give effect to framework outcomes or policies in the national planning framework; or
(c)
to make the plan consistent with any constraint or restriction set out in the national planning framework.
(4)
Amendments required under this section must be made as soon as practicable within the time, if any, specified in the national planning framework.
(5)
A regional planning committee must give public notice of any amendments made under subsection (3) within 5 working days after making them.
134 Giving effect to national planning framework in regional spatial strategies
(1)
The national planning framework may direct that regional planning committees must amend their regional spatial strategies without using a process adopted under section 28 of the Spatial Planning Act 2023 to insert specific provisions set out in the national planning framework.
(2)
Amendments required under this section or made by a regional planning committee in accordance with section 44(2) of the Spatial Planning Act 2023 must be made as soon as practicable within the time, if any, specified in the national planning framework.
(3)
See section 44 of the Spatial Planning Act 2023 (which relates to the review and amendment of regional spatial strategies for the purpose of giving effect to or maintaining consistency with the national planning framework).
135 When regional planning committees directed to choose provisions from framework
(1)
If the national planning framework directs a regional planning committee to choose from a number of specific provisions in the framework, the committee must—
(a)
choose an appropriate provision; and
(b)
use a process in Schedule 6 in order to apply the provision to the local circumstances, but not to decide the content of the provision set by the framework; and
(c)
notify any amendment required under this section within the time specified in the framework, using any process in Schedule 6; and
(d)
make any consequential amendments to its plan needed to avoid duplication or inconsistency, but without using a process in Schedule 6; and
(e)
publicly notify any amendments made under paragraph (d) not later than 5 working days after the amendments are made.
(2)
A plan is amended as from the date of the relevant public notice under subsection (1)(e).
(3)
For the purpose of subsection (1)(a), the national planning framework may specify how regional planning committees are to choose relevant provisions from the framework.
Compare: 1991 No 69 s 58(4)–(6)
136 Regional planning committee must amend plan if plan rule duplicates or conflicts with framework rule
(1)
If a plan rule duplicates a framework rule or conflicts with a framework rule, the regional planning committee must amend the plan to remove the duplication or conflict.
(2)
A plan rule conflicts with a framework rule if—
(a)
both of the following apply:
(i)
the plan rule is more stringent than the framework rule; and
(ii)
the framework rule does not expressly say that a plan rule may be more stringent than the national planning framework rule; or
(b)
both the following apply:
(i)
the plan rule is more lenient than the framework rule; and
(ii)
the framework rule does not expressly say that a plan rule may be more lenient than the framework rule.
(3)
For the purpose of subsection (1), the regional planning committee must amend the plan—
(a)
without using a process in Schedule 6; and
(b)
in accordance with any specification in the framework; and
(c)
within any time frame specified in the framework or, if none is specified, as soon as practicable after the framework rule commences.
(4)
See also section 142.
Compare: 1991 No 69 s 44A
137 Regional planning committee may amend plan to refer to provision in framework
A regional planning committee may amend a plan to include a reference to a provision of the national planning framework—
(a)
without using a process in Schedule 6; and
(b)
after the date on which the provision commences.
Compare: 1991 No 69 s 44A(6)
138 Regional planning committee or local authority must take action directed by framework
A regional planning committee or local authority must take any action that the national planning framework directs it to take.
Compare: 1991 No 69 s 55(8)
139 Identification of appropriate consent authority and person responsible for enforcing framework rule
(1)
The national planning framework must, in relation to a framework rule, state—
(a)
who is the appropriate consent authority (whether a regional council or a territorial authority); and
(b)
who is responsible for enforcing the rule.
(2)
The national planning framework may state that responsibility for enforcing the framework rule lies with a regional council, a territorial authority, another NBE regulator, or any combination of them.
Compare: 1991 No 69 s 44A(8)
Subpart 6—Resource consents
140 How activities are categorised
(1)
In this Act, activities are categorised as follows:
| Category | Description of activities | |||
|---|---|---|---|---|
| 1 | Permitted | Activities that do not require a resource consent but may be subject to other requirements, including a requirement for a permitted activity notice. | ||
| 2 | Anticipated | Activities that require a resource consent, which the consent authority may grant (with or without conditions) or decline only in accordance with the relevant provisions of the national planning framework or plan (whichever applies) and the limited discretion conferred by those provisions. | ||
| 3 | Discretionary | Activities that require a resource consent, which the consent authority may grant (with or without conditions) or decline in accordance with the relevant provisions of the national planning framework or plan (whichever applies). | ||
| 4 | Prohibited | No person is entitled to apply for a resource consent for the activity, and no consent authority has power to grant a consent for the activity. |
(2)
An activity categorised as a permitted, anticipated, or discretionary activity must be carried out in accordance with the applicable requirements of this Act, the national planning framework, regulations made under a relevant empowering provision in this Act other than the national planning framework, and the relevant plan, including any permissions granted under this Act and any conditions imposed by or under this Act.
(3)
An activity categorised as a prohibited activity must not be carried out.
Compare: 1991 No 69 s 87A
141 How to decide which activity category applies
(1)
This section applies to—
(a)
the responsible Minister when deciding which activity category applies to an activity in the national planning framework; and
(b)
the regional planning committee when deciding which activity category applies to an activity in a plan; and
(c)
the Minister responsible for aquaculture when making decisions under sections 793 and 794.
(2)
An activity is a permitted activity if the regional planning committee or the Minister is satisfied that—
(a)
the activity is consistent with the relevant outcomes; and
(b)
the effects of the activity can be identified and are well understood; and
(c)
those effects can be avoided, minimised, remedied, offset, or compensated for with environmental compensation—
(i)
with or without requirements, standards, and criteria in the national planning framework or a plan; and
(ii)
without requiring bespoke consent conditions; and
(d)
the activity does not breach a relevant environmental limit.
(3)
An activity is a permitted activity if section 143 or 222 applies.
(4)
An activity is a prohibited activity if the regional planning committee or the Minister is satisfied that—
(a)
the activity would breach a relevant environmental limit unless an exemption from the limit is directed under section 115 and applies to the activity; or
(b)
the activity is not consistent with relevant outcomes; or
(c)
the activity is of a kind described in section 224.
(5)
An activity is an anticipated activity if the regional planning committee or the Minister is satisfied that—
(a)
the activity does not breach a relevant environmental limit and is consistent with relevant outcomes; and
(b)
the effects of the activity can be identified and are generally known; but
(c)
the activity needs to be assessed to consider whether consent conditions are required to avoid, minimise, remedy, offset, or provide environmental compensation for those effects.
(6)
An activity is a discretionary activity if the regional planning committee or the Minister is satisfied that—
(a)
it is unclear or unknown whether the activity will breach a relevant environmental limit, not achieve targets, or not be consistent with relevant outcomes; or
(b)
the activity is likely to breach a relevant environmental limit, not achieve targets, or not be consistent with relevant outcomes; or
(c)
the activity needs to be assessed to consider whether consent conditions are required to avoid, minimise, remedy, offset, or provide environmental compensation for any effects of the activity.
142 Consideration to be given to statutory acknowledgements
(1)
When considering the appropriate activity category for an activity in an area, a regional planning committee must have regard to any statutory acknowledgement, if the proposed activity—
(a)
is to be carried out in a statutory area or an area adjacent to it; or
(b)
may otherwise affect the statutory area.
(2)
If a framework rule provides that an activity described in subsection (1)(a) or (b) is a permitted activity, a regional planning committee—
(a)
must assess whether the activity category is appropriate in light of statutory acknowledgements in the region; and
(b)
may, despite sections 136(1) and 159(1)(a), in a plan rule—
(i)
provide that the activity has a more stringent activity category (than that in the framework rule); or
(ii)
impose more stringent requirements, standards, or criteria (than those in the framework rule) in relation to the activity.
143 Activities may be permitted with or without requirements
(1)
The national planning framework or a plan may—
(a)
provide that an activity is a permitted activity subject to compliance with requirements, standards, or criteria in the national planning framework or a plan or without being subject to any such requirements, standards, or criteria; or
(b)
require a person who intends to carry out a permitted activity to first obtain a permitted activity notice under section 362; or
(c)
if the written approval of a person or group is required, provide that the person or group are persons who may be adversely affected by a breach of a rule relating to the activity.
(2)
If the national planning framework or a plan provides that an aquaculture activity in an area requires a permitted activity notice, the framework or plan must require written approval to be obtained from any—
(a)
protected customary group in the area; and
(b)
customary marine title group whose customary marine title order or customary marine agreement includes a wāhi tapu condition in the area; and
(c)
applicant group (within the meaning of section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011) for customary marine title in the area.
144 Direction to review resource consents
(1)
The national planning framework may direct consent authorities to review any or all of the following or a specified class of one of the following as soon as practicable or within a specified time period:
(a)
land use consent:
(b)
coastal permit:
(c)
water permit:
(d)
discharge permit.
(2)
The national planning framework may direct consent authorities to review the conditions of a resource consent relating to duration in the circumstances described in any of section 337(8)(a) to (c).
Compare: 1991 No 69 s 43A(1)(f)
145 Direction relating to conditions of resource consents
The national planning framework may include directions on conditions that may or must be imposed on resource consents or specified categories of consents, including conditions—
(a)
relating to the duration of consents; and
(b)
requiring specified categories of consents to have the same expiry date in specified circumstances.
Compare: 1991 No 69 s 43A(2)(i)
146 National planning framework or plan may set or provide for consent authority to determine notification requirements
(1)
The national planning framework must, in relation to each activity that requires a resource consent,—
(a)
state the notification status of the activity or class of activity; or
(b)
provide for the plan to determine the notification status of the activity or class of activity; or
(c)
provide for the consent authority to determine, in accordance with the national planning framework or the plan, the notification status of the activity.
(2)
If the national planning framework requires limited notification in relation to an activity, it may do any 1 or more of the following:
(a)
specify who are affected persons or groups or classes of affected persons for the purposes of limited notification:
(b)
provide for the plan to determine who are affected persons or groups or classes of affected persons and any additional affected persons or groups or classes:
(c)
provide for the plan to include requirements or methods to determine who are affected persons:
(d)
provide for the consent authority to determine who are affected persons in accordance with any requirements or methods in the national planning framework or plan.
(3)
If the national planning framework provides for a plan or the consent authority to determine the notification status of an activity, it must include requirements or methods by which regional planning committees or consent authorities are to determine—
(a)
the notification status; and
(b)
the level of adverse effects anticipated in the framework or plan.
147 How decisions about notification of activities must be made in national planning framework
(1)
When determining for the purpose of section 146(1)(a) the notification status of an activity or class of activity that requires a resource consent, the responsible Minister must—
(a)
consider—
(i)
whether there is adequate information to understand the extent to which the activity is consistent with relevant outcomes; and
(ii)
whether there is adequate information to understand the extent to which the activity complies or is likely to comply with relevant environmental limits; and
(iii)
whether the activity complies or is likely to comply with relevant environmental limits; and
(iv)
whether the effects of the activity can be identified and are well understood; and
(v)
whether there is adequate information to identify any affected persons (see section 267); and
(b)
when considering whether it is appropriate to depart from a notification presumption set out in section 268 or 269 that would otherwise apply to the activity,—
(i)
consider the preferred state of the future environment; and
(ii)
consider the purpose of notification (see section 264); and
(iii)
apply the criteria subsection (2).
(2)
For the purpose of subsection (1)(b), the responsible Minister—
Non-notification
(a)
may decide that it is appropriate to require the activity not to be notified if all of the following apply:
(i)
the activity is consistent with relevant outcomes; and
(ii)
the activity complies or is likely to comply with relevant environmental limits; and
(iii)
the effects of the activity can be identified and are well understood; and
(iv)
there are no affected persons (see section 267); or
Limited notification
(b)
may decide that the activity requires limited notification, if 1 or more of the following apply:
(i)
the activity achieves or is likely to achieve relevant outcomes:
(ii)
the activity complies or is likely to comply with relevant environmental limits:
(iii)
the effects of the activity can be identified and are well understood:
(iv)
there are identifiable affected persons; or
Public notification
(c)
may decide that the activity requires public notification if 1 or more of the following apply:
(i)
there is inadequate information to understand the extent to which the activity is or is likely to be consistent with relevant outcomes or complies with relevant environmental limits:
(ii)
the effects of the activity are not well understood:
(iii)
there is inadequate information to identify affected persons.
148 Consequences if framework rule states an activity is permitted
If a framework rule states that an activity is a permitted activity, the following provisions apply to plans:
(a)
a plan may state that the activity is a permitted activity on the terms or conditions specified in the national planning framework; and
(b)
the terms or conditions specified in the plan may deal only with effects of the activity that are different from those dealt with in the terms or conditions specified in the national planning framework; and
(c)
if a plan’s terms or conditions deal with effects of the activity that are the same as those dealt with in the terms or conditions specified in the national planning framework, the terms or conditions in the framework prevail.
Compare: 1991 No 69 s 45A(5)
149 Activity with significant adverse effects on environment must not be permitted activity
If an activity has significant adverse effects on the environment, the national planning framework must not state that the activity is a permitted activity.
Subpart 7—Other matters that national planning framework may provide for
150 Standards, methods, and requirements
(1)
The national planning framework may provide for standards, methods, or requirements in relation to—
(a)
the matters referred to in sections 21 to 26:
(b)
noise.
(2)
The standards, methods, or requirements may, without limitation, include—
(a)
qualitative or quantitative standards:
(b)
methods, processes, or technology to implement standards:
(c)
exemptions from standards.
151 Specific matters that national planning framework may prescribe
The national planning framework may—
(a)
include framework outcomes and policies relating to how decision makers must recognise and provide for—
(i)
the protection of protected customary rights; and
(ii)
the exercise of those rights:
(b)
prescribe the form and content of resource consents, including categories of resource consents:
(c)
require records to be kept by holders of resource consents for any purpose under this Act:
(d)
require records to be kept by persons who take, use, dam, or divert water—
(i)
in accordance with a framework rule, a plan rule, or a permitted activity notice (see section 25(4)(a)(i) to (iii)); or
(ii)
for the reasonable needs of their animals for drinking water (see section 25(4)(b)(ii)):
(e)
if requiring records to be kept by a person described in paragraph (c) or (d),—
(i)
require the records to be supplied to a person exercising or performing powers or functions under this Act or to the Director of Maritime New Zealand in the case of a coastal permit:
(ii)
prescribe the nature of the records, and the form, manner, and times in which the records must be kept or supplied:
(f)
provide measures for the purpose of excluding stock from water bodies, estuaries, coastal lakes and lagoons, and the margins of those water bodies, estuaries, and coastal lakes and lagoons, including measures that—
(i)
apply generally in relation to stock or to specified kinds of stock (for example, dairy cattle):
(ii)
apply generally in relation to water bodies, estuaries, coastal lakes and lagoons, and their margins or to specified kinds of water bodies, estuaries, coastal lakes and lagoons, and their margins:
(iii)
apply different measures to different kinds of stock or to different kinds of water bodies, estuaries, coastal lakes and lagoons, and their margins:
(iv)
prescribe technical requirements (for example, the minimum height and other specifications with which any required means of exclusion must comply, such as requirements for fencing or riparian planting):
(g)
prescribe procedural and technical requirements for land that is used for an activity or industry listed in the HAIL.
152 National planning framework may provide for transitional provisions
The national planning framework may include transitional provisions for any matter, including its effect on existing matters or proceedings.
Compare: 1991 No 69 s 45A
153 Monitoring and reporting by regional planning committees and local authorities
The national planning framework may give directions to regional planning committees or local authorities on monitoring and reporting on matters relevant to the framework.
Compare: 1991 No 69 s 45A
154 Incorporation by reference
(1)
The national planning framework may incorporate material by reference in accordance with the Legislation Act 2019, subject to the following modifications:
(a)
the written material to which section 64(1)(c) of that Act applies may include material relating to non-technical matters (for example, maps):
(b)
clause 1 of Schedule 2 of that Act may be satisfied if—
(i)
the Minister makes the proposed material publicly available at the same time the NPF proposal undergoes public notification under clause 9 of Schedule 5; and
(ii)
after considering any comments made and having regard to the purpose of the Legislation Act 2019, the responsible Minister is satisfied of the matters described in clause 1(d)(i) to (iii) of Schedule 2 of that Act.
(2)
To avoid doubt,—
(a)
section 66 of the Legislation Act 2019 applies with all necessary modifications; and
(b)
clause 1 of Schedule 2 of the Legislation Act 2019 may be followed without reliance on subsection (1)(b).
Subpart 8—Directions on approaches and methods
Adaptive management approach
155 Adaptive management approach
(1)
The national planning framework may direct a plan to require an adaptive management approach be adopted or the use of an adaptive management approach in an activity if the responsible Minister is satisfied that—
(a)
there is likely to be a significant adverse change in the environment; but
(b)
the timing and the magnitude of that change are uncertain.
(2)
A direction under subsection (1) may set out—
(a)
criteria; and
(b)
particular kinds of approach; and
(c)
methodology.
(3)
A direction under subsection (1) that requires the use of an adaptive management approach in an activity—
(a)
must meet the requirements of section 295(2)(a), (c), and (d); and
(b)
may include a requirement described in section 295(2)(b); and
(c)
may include any provisions described in section 295(2)(e) and (f).
Allocation method
156 Resource allocation principles
(1)
The resource allocation principles are as follows:
(a)
environmental sustainability:
(b)
efficiency:
(c)
equity.
(2)
The resource allocation principles apply only to the development of—
(a)
directions in the national planning framework in accordance with section 157 or 158; or
(b)
provisions in plans in accordance with section 194 or 196.
157 Directions on allocation method
(1)
The national planning framework may give directions that—
(a)
provide further detail on the meaning of the resource allocation principles:
(b)
require or prohibit the use of a specified allocation method or specified range of allocation methods for a specified resource or in specified circumstances:
(c)
define a particular allocation method:
(d)
direct how a regional planning committee must have regard to the allocation principles when developing an allocation method in a plan:
(e)
require a regional planning committee to specify an allocation method or methods for a resource described in section 194(3):
(f)
specify other resources for which an allocation method is required or permitted by a plan:
(g)
specify any matter that a regional planning committee must consider or adopt when providing for any allocation method in a plan (for example, a direction on any plan outcome, policy, process, or method):
(h)
provide for the frequency and duration of the required time period in clause 3 of Schedule 10:
(i)
set out criteria that decision makers must have regard to when determining the merits of affected applications under clause 11 of Schedule 10.
(2)
The Minister must have particular regard to the resource allocation principles when developing a direction that relates primarily to the allocation of resources (for example, a direction under any of paragraphs (b) to (i) of subsection (1)).
158 Use of market-based allocation method to determine right to apply for resource consent for certain activities
(1)
The national planning framework may, subject to subsection (4), require or permit the use of a market-based allocation method to determine the allocation of a right to apply for a resource consent for an activity relating to—
(a)
the taking, diverting, or use of geothermal water or coastal water (other than open coastal water):
(b)
the capacity of freshwater to assimilate a discharge of a contaminant:
(c)
the capacity of geothermal water to assimilate a discharge of a contaminant:
(d)
the taking or use of heat or energy from water:
(e)
the taking or use of heat or energy from the material surrounding geothermal water:
(f)
the capacity of coastal water (including estuaries) to assimilate a discharge of a contaminant:
(g)
the capacity of air to assimilate a discharge of a contaminant:
(h)
a resource specified in the national planning framework as a resource for which an allocation method must or may be used.
(2)
The national planning framework may impose requirements relating to the use of a market-based allocation method and processes to be followed.
(3)
Before making a direction under subsection (1) or (2), the Minister must have particular regard to the resource allocation principles.
(4)
A market-based allocation method must not be used to determine the allocation of a right to apply for a resource consent for an activity relating to—
(a)
a resource that is not described in subsection (1); or
(b)
the taking, diverting, or use of freshwater.
(5)
The prohibition in subsection (4)(b) applies also to any allocation method that uses or is modified by a market-based allocation method.
(6)
To avoid doubt, subsection (4) does not affect the transfer of any resource consent under Part 6.
Subpart 9—How framework rule relates to other instruments
159 Framework rule prevails unless exceptions apply
Framework rule prevails over plan rule subject to exceptions
(1)
A framework rule prevails over a plan rule unless—
(a)
the plan rule is more stringent than the framework rule and the framework rule expressly says that a plan rule may be more stringent than it; or
(b)
the plan rule is more lenient than the framework rule and the framework rule expressly says that a plan rule may be more lenient than it.
When plan rule more stringent
(2)
For the purpose of subsection (1)(a),—
(a)
a plan rule is more stringent than a framework rule if the plan rule classifies an activity with a more restrictive activity category than the framework rule; and
(b)
if a plan rule and a framework rule classify the same activity as permitted, the plan rule is more stringent if it imposes more restrictive conditions or requirements.
When plan rule more lenient
(3)
For the purpose of subsection (1)(b),—
(a)
a plan rule is more lenient than a framework rule if the plan rule classifies an activity with a less restrictive activity category than the framework rule; and
(b)
if a plan rule and a framework rule classify the same activity as permitted, the plan rule is more lenient if it imposes less restrictive conditions or requirements.
Certain consents and permits prevail over framework rule
(4)
A land use consent administered by a territorial authority or a subdivision consent prevails over a framework rule if it is issued before the date on which the framework rule commences.
(5)
A land use consent administered by a regional council, a coastal permit, a water permit, or a discharge permit—
(a)
prevails over a framework rule if it is issued before the date on which the framework rule commences; and
(b)
prevails over the framework rule until and to the extent that a review of the conditions of the permit or consent under section 337(1)(b) results in some or all of the framework rule prevailing over the permit or consent.
If framework rule requires resource consent for activity
(6)
If a framework rule requires a resource consent to be obtained for an activity, sections 30 to 34 apply to the activity as if the framework rule were a plan rule that had become operative.
(7)
See also section 142.
Compare: 1991 No 69 s 43B
160 Relationship between framework rule and water conservation orders
(1)
A water conservation order that is more stringent than a framework rule applying to water prevails over the framework rule.
(2)
A framework rule applying to water that is more stringent than a water conservation order prevails over the order.
Compare: 1991 No 69 s 43C
161 Relationship between framework rules and bylaws
(1)
A bylaw that is more stringent than a framework rule prevails over the framework rule if the framework rule expressly says that a bylaw may be more stringent than it.
(2)
For the purposes of subsection (1), a bylaw is more stringent than a framework rule if it prohibits or restricts an activity that the framework rule permits or authorises.
(3)
A bylaw may be more lenient than a framework rule if the framework rule expressly specifies that the bylaw may be more lenient.
(4)
For the purposes of subsection (3), a bylaw is more lenient than a framework rule if it permits or authorises an activity that the framework rule prohibits or restricts.
(5)
In this section, bylaw means a bylaw made under any enactment.
Compare: 1991 No 69 s 43E
162 Relationship between framework rules and designations
(1)
If a designation is made before a framework rule is made, work carried out under the designation is not required to comply with the framework rule until the earlier of the following occurs:
(a)
the designation lapses:
(b)
the designation is altered under section 536 by the alteration of conditions in it to which the framework rule is relevant.
(2)
If the conditions of the designation are altered as described in subsection (1)(b), the framework rule—
(a)
applies to the altered conditions; and
(b)
does not apply to the unaltered conditions.
(3)
A framework rule that is made before a designation is made prevails over the designation unless the national planning framework provides otherwise.
(4)
A use is not required to comply with a framework rule if—
(a)
the use was lawfully established by way of a designation that has lapsed; and
(b)
the effects of the use, in character, intensity, and scale, are the same as or similar to those that existed before the designation lapsed; and
(c)
the framework rule is made—
(i)
after the designation was made; and
(ii)
before or after it lapses.
(5)
Work carried out under a designation is not required to comply with a framework rule if the work has come under the designation through the following sequence of events:
(a)
the work is made; and
(b)
the framework rule is made; and
(c)
the designation is made and applied to the work.
(6)
For the purposes of this section, a designation is made—
(a)
when both of the following have occurred:
(i)
a primary CIP has been lodged under section 518(1); and
(ii)
a secondary CIP has been lodged under section 518(3) or the requirement for it has been waived under section 518(4); or
(b)
in the case of a designation to which clause 42 or 43 of Schedule 1 applies, when an outline plan of works has been lodged under the Resource Management Act 1991 or is otherwise not required in accordance with that Act.
(7)
In this section, conditions includes a condition about the physical boundaries of a designation.
Compare: 1991 No 69 s 43D
Subpart 10—Preparation, change, and review of national planning framework
163 Preparation, change, review, and publication of national planning framework
(1)
The national planning framework, and any changes to it, must be prepared in accordance with the applicable process set out in Schedule 5.
(2)
The national planning framework must be reviewed in accordance with Part 3 of Schedule 5.
(3)
The national planning framework must be published in accordance with clause 33 of Schedule 5.
(4)
Clauses 34 to 37 of Schedule 5 apply to the preparation and content of the transitional national planning framework.
164 Responsible Minister
(1)
This section applies for the purpose of the preparation, change, or review of the national planning framework.
(2)
The Minister for the Environment—
(a)
is the responsible Minister in relation to any provision that applies to both—
(i)
the coastal marine area; and
(ii)
an area outside the coastal marine area; and
(b)
must consult the Minister of Conservation before exercising or performing a power or function conferred by this Part or Schedule 5 that relates to the preparation, change, or review of that provision.
(3)
The Minister for the Environment is the responsible Minister in relation to any provision that applies only to an area outside the coastal marine area.
(4)
The Minister of Conservation—
(a)
is the responsible Minister in relation to any provision that applies only to a coastal marine area; and
(b)
must consult the Minister for the Environment before exercising or performing a power or function conferred by this Part or Schedule 5 that relates to the preparation, change, or review of that provision.
Part 5 Natural and built environment plans
Subpart 1—Preliminary matters
Purpose and scope of plans
165 Natural and built environment plans
(1)
There must at all times be a natural and built environment plan (a plan) for each region.
(2)
In the case of the Nelson and Tasman unitary authorities, there must be 1 plan that applies to both the region over which the Nelson City Council has control and the region over which the Tasman District Council has control (together the Nelson and Tasman unitary authorities).
(3)
This Act applies to those regions as if they were a combined region.
166 Purpose and scope of plans
(1)
The purpose of a plan is to achieve the purpose of this Act by providing for the integrated management of the natural and built environment in the region that the plan relates to.
(2)
A plan must—
(a)
give effect in the region to the national planning framework, as directed by that framework; and
(b)
provide for the needs of the communities of the region; and
(c)
be consistent with the relevant regional spatial strategy.
(3)
Subsection (2)(c) applies unless any of the following apply:
(a)
new information becomes available that supersedes the information used to determine the content of the regional spatial strategy:
(b)
there is a significant change in circumstances or in the physical environment since the regional spatial strategy was adopted (for example, a major environmental or economic event):
(c)
the plan would conflict with the achievement of the limits and mandatory targets set by or under the national planning framework:
(d)
the Environment Court has made a direction under section 208(1)(a) that the provisions of the plan be modified, deleted, or replaced:
(e)
a place of national importance has been identified.
Compare: 1991 No 69 s 63
167 Regional planning committee rules
(1)
A regional planning committee may make rules in plans in accordance with this Part.
(2)
Rules made under this section 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 | The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 | LA19 s 74(1)(aa) | ||
| Presentation | It is not required to be presented to the House of Representatives because an exemption applies under Schedule 3 of the Legislation Act 2019 | LA19 s 114, Sch 3 | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
168 How plans are prepared, notified, and made
(1)
The plan for a region, and any changes to it, must be made—
(a)
by that region’s planning committee; and
(b)
using the process set out in Schedule 6.
(2)
In the case of the joint plan for the Nelson and Tasman unitary authorities, the single regional planning committee appointed for the combined regions has responsibility for making a plan for the 2 unitary authorities.
169 Regional planning committees to be appointed
(1)
A regional planning committee must be appointed for each region as a statutory body that is a committee of all the local authorities in the region, in accordance with Schedule 7.
(2)
However, in the case of the Nelson and Tasman unitary authorities, 1 regional planning committee must be appointed to carry out the obligations of a planning committee under this Act and under the Spatial Planning Act 2023 for the 2 authorities.
(3)
A regional planning committee must, in performing or exercising its functions, duties, and powers under this Act and under the Spatial Planning Act 2023, act independently of the host local authority and other local authorities in its region.
(4)
A regional planning committee has separate legal standing from its constituent authorities and organisations for the purpose of commencing, or being a party to, or being heard in, legal proceedings.
(5)
Once established, a regional planning committee must not be disestablished, except by an Act.
(6)
Provisions on the membership, support, and operations of a regional planning committee are set out in section 48 and Schedule 7.
170 Schedules 6 and 7 apply
(1)
Schedule 6 applies to the process for making and changing plans.
(2)
Schedule 7 applies to the appointment of regional planning committees and to their procedures and other relevant matters.
(3)
In the case of the Nelson and Tasman unitary authorities, Schedules 6 and 7 apply as if the regions of those 2 authorities were a combined region, and each authority were a territorial authority in that region.
Subpart 2—Content of plans
171 What plans must include
(1)
Every plan must have, as its strategic content, strategic outcomes and policies which—
(a)
identify the issues of importance to a region or to one of its constituent districts; and
(b)
deal with the matters necessary to ensure consistency with the relevant regional spatial strategy; and
(c)
give effect to the national planning framework and indicate how environmental limits and targets are to be achieved.
(2)
The strategic content of a plan, however, must not include rules or methods.
(3)
A plan must—
(a)
enable the resources of the natural and built environment to be managed; and
(b)
enable the effects of using and developing the natural and built environment to be managed; and
(c)
specify how environmental limits and targets are to be achieved; and
(d)
provide for system outcomes, subject to any direction given in the national planning framework; and
(e)
assist in resolving conflicts in accordance with any direction provided in the national planning framework; and
(f)
include processes to deal with cross-boundary issues between or among adjacent regions or parts of regions, including the extent to which the plan must have regard to regional spatial strategies and plans of adjacent regions or parts of regions; and
(g)
provide for how to protect, use, or develop, as a priority, land, the coastal marine area, or any other natural resources in the region; and
(h)
give effect to any water conservation order applying to a water body within the region to which the plan applies; and
(i)
provide for the integration of infrastructure with land use; and
(j)
describe the preferred state of the future environment in the region.
(4)
The contents of a plan as described in subsection (3) may be made as outcomes, policies, rules, or other methods.
172 General: matters within the responsibility of regional councils or territorial authorities
(1)
A plan must provide plan outcomes, policies, rules, and other methods that enable a local authority to fulfil the functions for which it is responsible under sections 50 and 52.
(2)
The matters required in a plan must be included in a way that enables each relevant local authority to fulfil its functions in respect of the matters relevant to those local authorities (see sections 50 and 52).
Compare: 1991 No 69 s 30(1)(a)–(gb)
173 What plans may include
(1)
A plan may include plan outcomes and policies, rules, and methods that—
(a)
enable a local authority to respond to, or contribute to, the immediate or long-term recovery from an emergency event:
(b)
apply an adaptive management approach in accordance with section 179:
(c)
prescribe aquaculture areas in accordance with section 184:
(d)
require environmental contributions to be taken in accordance with section 181:
(e)
control the effects of fishing in the coastal marine area (but see section 192(11) and (12)):
(f)
any other matters desirable for the plan to achieve its purpose.
(2)
A plan may also—
(a)
specify a non-regulatory method for achieving plan outcomes and policies, provided the regional planning committee is satisfied that the local authority will fund and implement the method; and
(b)
specify that any part of the plan is, for administrative purposes, relevant to 1 or more particular local authorities in the region.
(3)
A regional planning committee may incorporate documents by reference in its plan, as provided for by Schedule 12.
174 Requirements when preparing and changing plans
Matters to which regional planning committee must have particular regard
(1)
In addition to the requirements for plans under sections 171, 172, and 173, when a regional planning committee is preparing or changing a plan, it must have particular regard to—
(a)
a statement of community outcomes prepared by a territorial authority or unitary authority (see section 51); and
(b)
a statement of regional environmental outcomes prepared by a regional council or unitary authority (see section 49); and
(c)
any planning document recognised by an iwi authority or groups that represent hapū; and
(d)
any statement prepared by an iwi authority or groups that represent hapū in a region to express their view on how te Oranga o te Taiao can be upheld at the regional and local levels.
Matters to which committee must have regard
(2)
When a regional planning committee is preparing or changing a plan, it must have regard to—
(a)
relevant entries on the New Zealand Heritage List/ Rārangi Kōrero made under the Heritage New Zealand Pouhere Taonga Act 2014; and
(b)
the extent to which a plan under this Act must be consistent with regulations made under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012; and
(c)
the national adaptation plan and emissions reduction plans made under the Climate Change Response Act 2002; and
(d)
any management plans or strategies prepared under other Acts; and
(e)
the Crown’s interests in the coastal marine area; and
(f)
if section 98 of the Urban Development Act 2020 applies, any relevant project area and project objectives (as defined in section 9 of that Act); and
(g)
any legislation made to ensure sustainability or the conservation or management of fisheries resources (including secondary legislation relating to taiāpure, mahinga mātaitai, or other non-commercial Māori customary fishing).
(3)
Subsections (1) and (2) apply only as far as the matters set out in those provisions have a bearing on the natural and built environment issues in the region.
175 Matters that must be disregarded when preparing or changing plans
In preparing or changing a plan, a regional planning committee must disregard the following:
(a)
trade competition and the effects of trade competition (see sections 214 to 218); and
(b)
any effect of an activity on scenic views from private properties; and
(c)
the visibility of commercial signage or advertising being obscured as an effect of an activity; and
(d)
any adverse effect, real or perceived, arising from the use of the land for housing, if that effect is attributed to—
(i)
the social or economic characteristics of residents; or
(ii)
types of residential use, such as rental housing or housing for people with disability needs or who are beneficiaries; or
(iii)
residents requiring support or supervision in their housing because of their legal status or disabilities.
176 How plans must provide for activity categories
Sections 140 to 143 apply to a regional planning committee when deciding which activity category applies to an activity in the plan.
177 How decisions about notification of activities must be made for plans
(1)
If the national planning framework gives any direction on notification of an activity or class of activity that requires a resource consent, a regional planning committee must give effect to that direction in the plan.
(2)
When determining the notification status of an activity or a class of activity in a plan, the regional planning committee must (subject to subsection (2))—
(a)
consider the matters in section 147(1)(a); and
(b)
when considering whether it is appropriate to depart from a notification presumption set out in section 268 or 269 that would otherwise apply to the activity,—
(i)
consider the preferred state of the future environment in light of information it considers relevant in the plan, the regional spatial strategy, the national planning framework, or any combination of those documents; and
(ii)
consider the purpose of notification (see section 264); and
(iii)
comply with section 147(2) (which applies with all necessary modifications).
178 How plan must set out notification requirements
(1)
A plan must, in relation to each activity that requires a resource consent,—
(a)
state the notification status of the activity; or
(b)
provide for the consent authority to determine, in accordance with the national planning framework or the plan, the notification status of the activity; and
(c)
state the level of the adverse effects anticipated in the framework or plan.
(2)
If a plan requires limited notification in relation to an activity, it may do any 1 or more of the following:
(a)
specify who are affected persons or groups or classes of affected persons for the purposes of limited notification:
(b)
provide for the consent authority to determine who are affected persons in accordance with any requirements or methods in the national planning framework or plan.
(3)
This section applies to a regional planning committee subject to any direction in the national planning framework on notification in relation to an activity or a class of activity that requires a resource consent (see section 177(1)).
179 Adaptive management approach in plan
(1)
A plan may direct an adaptive management approach to be adopted or the use of adaptive management for an activity if the Minister is satisfied that—
(a)
there is likely to be a significant change in the environment; and
(b)
the timing and the magnitude of that change are uncertain.
(2)
A direction in a plan to use an adaptive management approach—
(a)
must meet the requirements of section 296(2)(a), (c), and (d) (adaptive management approach); and
(b)
may include provisions described in section 296(2)(b), (e), and (f).
Statutory acknowledgements
180 Statutory acknowledgements to be attached to plans
(1)
Every statutory acknowledgement that applies in a region must be attached to, and treated as part of, the plan for that region.
(2)
The provisions of the legislation that provides for a statutory acknowledgement apply.
(3)
A statutory acknowledgement is not subject to the processes of review or change that apply under this Act for the preparation of a plan.
Environmental contributions
181 Specific requirements relating to environmental contributions
(1)
A regional planning committee may make rules requiring an environmental contribution for any class of activity other than a prohibited activity.
(2)
A rule requiring an environmental contribution must specify—
(a)
the purpose for which a contribution is required, which may include—
(i)
ensuring that positive outcomes as well as positive effects on the environment are achieved:
(ii)
making available a mechanism to minimise or offset adverse effects:
(iii)
providing an incentive for good environmental design and practice to be adopted:
(iv)
requiring a contribution on account of the increased cost of providing infrastructure to support development in greenfield land; and
(b)
the outcomes in the plan that the contribution supports or contributes to; and
(c)
how the amount of the contribution is to be determined; and
(d)
when the contribution will be required; and
(e)
the local authority with responsibility for administering the rule and to which the contribution is to be applied.
(3)
Rules relating to contributions—
(a)
may be applied differently in different districts of a region; and
(b)
may specify when a local authority may rebate a contribution; and
(c)
if a rebate of an environmental contribution is available, must specify—
(i)
the measures that must be undertaken to achieve good environmental practice in the context of a particular activity; and
(ii)
how a rebate is to be calculated, including what percentage of the total contribution may be reimbursed.
(4)
In making a rule for a region that will require contributions, a regional planning committee must—
(a)
have particular regard to any relevant environmental contribution policy summarised in accordance with section 106(2)(f) of the Local Government Act 2002 by 1 or more local authorities within that region; and
(b)
consult all the local authorities within the region about any rules it proposes relating to the imposition of contributions.
Compare: 1991 No 69 s 77E; 2002 No 84 s 106(2)(f)
Charges for coastal occupation
182 Coastal occupation charges
(1)
A regional planning committee must consider whether a coastal occupation charging regime applying to persons who occupy any part of the common marine and coastal area should be included in a plan (if it is not already included).
(2)
For the purpose of subsection (1), a regional planning committee must have regard to—
(a)
the extent to which public benefits from the coastal marine area are lost or gained; and
(b)
the extent to which private benefit is obtained from the occupation of the coastal marine area.
(3)
If the regional planning committee considers that a coastal occupation charging regime should not be included, a statement to that effect must be included in the plan.
(4)
If the regional planning committee considers that a coastal occupation charging regime should be included, the planning committee must specify in the plan—
(a)
the circumstances when a coastal occupation charge will be imposed; and
(b)
the circumstances when the regional planning committee will consider waiving (in whole or in part) a coastal occupation charge; and
(c)
the level of charges to be paid or the manner in which the charge will be determined; and
(d)
in accordance with subsection (7), the way the money received will be used.
(5)
No coastal occupation charge may be imposed on any person occupying the coastal marine area unless the charge is provided for in the plan.
(6)
A coastal occupation charge must not be imposed on—
(a)
a protected customary rights group exercising a protected customary right; or
(b)
a customary marine title group in relation to a customary marine title area.
(7)
Any money collected by the regional council from a coastal occupation charge must be used only for the purpose of this Act as it applies to the coastal marine area.
Compare: 1991 No 69 s 64A
Aquaculture activities
183 Permitted aquaculture activities to be registered with consent authority
(1)
To ensure that an NBEA permission right will apply, a plan must require all aquaculture activities that are permitted activities to be registered with the relevant consent authority through a permitted activity notice.
(2)
In this section, NBEA permission right means a right of the kind described in section 66 of the Marine and Coastal Area (Takutai Moana) Act 2011.
184 Aquaculture areas
(1)
A plan may prescribe aquaculture areas, including for the purposes of—
(a)
providing for, and managing, aquaculture activities in an aquaculture settlement area gazetted under the Māori Commercial Aquaculture Claims Settlement Act 2004; and
(b)
enabling requests to be made for aquaculture area decisions under section 491(1).
(2)
A plan that includes an aquaculture area may include rules under section 189 relating to that area.
(3)
A plan that contains aquaculture areas must—
(a)
specify the geographic boundaries of each aquaculture area, using geographic coordinates; and
(b)
ensure that no application (other than under an authorisation) can be made for a coastal permit to occupy space in an aquaculture area before a date to be specified in a public notice; and
(c)
ensure that an aquaculture area is used principally for aquaculture activities; and
(d)
prohibit any applications for coastal permits for aquaculture activities in parts of an aquaculture area where the chief executive of the ministry responsible for the administration of the Fisheries Act 1996 has made an aquaculture area decision that is a reservation related to customary fishing or recreational fishing or commercial fishing for stocks not subject to the quota management system.
Protection of customary marine title areas
185 Amendments to plan that affect customary marine title area
(1)
This section applies to a regional planning committee each time there is a proposed plan, or a change, variation, or review of the plan that applies to a customary marine title area.
(2)
The regional planning committee must initiate the process required by section 93(7) of the Marine and Coastal Area (Takutai Moana) Act 2011 and, for that purpose,—
(a)
recognise and provide for any matters in any planning document to the extent that they relate to a customary marine title area; and
(b)
have particular regard to any matters in any planning document to the extent that they relate to the common marine and coastal area outside the customary marine title area.
(3)
In this section, planning document means a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011.
Subpart 3—Rules in plans
186 Purpose and effect of rules
(1)
The purpose of including rules in a plan is to enable a local authority—
(a)
to carry out its functions under this Act; and
(b)
to provide for the implementation of directions given by or under the national planning framework; and
(c)
to enable the outcomes and policies specified in the plan to be achieved.
Regulatory function of rules
(2)
Rules have the force and effect of regulations, but if a rule is inconsistent with a regulation made under a relevant empowering provision in this Act other than the national planning framework, the regulation prevails.
Application of rules
(3)
A rule may—
(a)
apply through the whole of a region or district or a part only:
(b)
make different provision for different parts of the region or for different classes of effects arising from an activity:
(c)
apply all of the time or for stated periods or seasons:
(d)
be specific or general in its application.
Administration of rules
(4)
A plan must, in relation to a rule, assign responsibility for administering that rule to the regional council or to 1 or more territorial authorities, as appropriate.
(5)
Subsection (4) does not apply in a region whose plan is administered by a unitary authority.
Rules for different categories of activity
(6)
As provided for in subpart 6 of Part 4 (see section 141), rules in a plan may—
(a)
identify activities as—
(i)
permitted; or
(ii)
anticipated; or
(iii)
discretionary; or
(iv)
prohibited:
(b)
apply to 1 or more than 1 category of activity.
(7)
Rules made to restrict or control the effects of fishing for the purposes of this Act must not prevent customary non-commercial fishing provided for in regulations made under any of sections 186, 297, or 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.
Rules for protection of property
(8)
Rules may be made to protect other property from the effects of surface water, and may require persons undertaking the work to achieve performance criteria additional to, or more restrictive than, those specified in the building code.
(9)
In subsection (8), building code and other property have the meanings given in section 7(1) of the Building Act 2004.
When control must be reserved
(10)
In relation to activities classified as anticipated activities, the rules must specify the matters over which the local authorities reserve control in relation to an activity.
Compare: 1991 No 69 ss 68(1), (2), (2A), (5)(a)–(d), 77A, 77B(2)
187 Rules about discharges
(1)
A regional planning committee must be satisfied that the requirement described in subsection (2) can be met before it includes in a plan a rule that allows as a permitted activity—
(a)
a discharge of a contaminant or water into water; or
(b)
a discharge of a contaminant onto or into land in circumstances that may result in—
(i)
that contaminant entering water; or
(ii)
any other contaminant, released as a result of natural processes from that contaminant, entering water.
(2)
The requirement is that none of the following effects is likely to arise in the receiving waters, after reasonable mixing, as a result of the discharge of the contaminant (either by itself or in combination with the same, similar, or other contaminants):
(a)
conspicuous oil or grease films, scums or foams, or floatable or suspended materials:
(b)
a conspicuous change in the colour or visual clarity:
(c)
an emission of objectionable odour:
(d)
freshwater made unsuitable for farm animals to drink:
(e)
significant adverse effects on aquatic life.
(3)
Before a regional planning committee includes in a plan a rule requiring the adoption of the best practicable option to prevent or minimise any actual or likely adverse effect on the environment of any discharge of a contaminant, the planning committee—
(a)
must be satisfied that including that rule is the most efficient and effective means of preventing or minimising that adverse effect on the environment; and
(b)
must have had regard to—
(i)
the nature of the discharge and the receiving environment; and
(ii)
other alternatives, including a rule requiring the observance of minimum standards of quality of the environment.
Compare: 1991 No 69 s 70
188 Activities affecting relationship of customary marine title group with their customary marine title area
(1)
A regional planning committee must undertake an assessment of activities to identify activities that will have, or are likely to have, more than a minor adverse effect on the relationship of a customary marine title group to their customary marine title area.
(2)
A rule in the plan must provide that an activity identified under subsection (1), if carried out within a customary marine title area,—
(a)
is an activity that requires a resource consent; or
(b)
is a permitted activity that requires a permitted activity notice (unless it is an accommodated activity), so that an NBEA permission right applies (see sections 66 to 70 of the Marine and Coastal Area (Takutai Moana) Act 2011).
(3)
Subsection (2) does not limit any other conditions or requirements specified in the national planning framework or plan that apply to a permitted activity.
(4)
When developing rules under this section, a regional planning committee must engage with customary marine title groups within the region and have regard to their views.
(5)
Each time a plan is proposed to be changed in relation to an area that includes the common marine and coastal area, the regional planning committee must follow the process in subsection (1).
189 Rules relating to aquaculture areas
(1)
A plan may include rules that apply to an aquaculture area (aquaculture area rules).
(2)
Aquaculture area rules in a plan may provide for the management of aquaculture activities, or a specified class of those activities, or aquaculture-related resources in an aquaculture area.
(3)
An aquaculture area rule may be subject to an aquaculture area decision by the chief executive of the Ministry responsible for the administration of the Fisheries Act 1996. (See section 186JF(3) of that Act, which provides that a determination may state that a specified aquaculture area rule may not be changed or cancelled until the chief executive makes a further aquaculture area decision in relation to the affected area).
190 Rules relating to contaminated land
(1)
Rules may be included in a plan to exempt an area or a class of contaminated land from the rule.
(2)
However, the rule must—
(a)
state how the significant adverse effects on the environment of the contaminant that contaminated the land are to be remedied or mitigated; or
(b)
state how the reasonably likely significant adverse effects on the environment of the contaminant are to be avoided; or
(c)
treat the land as not contaminated for purposes stated in the rule.
Compare: 1991 No 69 s 76(5)
191 Rules relating to esplanade reserves
(1)
For allotments of less than 4 hectares created by the subdivision of land, a rule may provide that—
(a)
the required esplanade reserve must be of a width greater or less than 20 metres:
(b)
(c)
section 611 does not apply.
(2)
For allotments of 4 hectares or more created by the subdivision of land, a rule may provide that an esplanade reserve or esplanade strip of a specified width must be created or set aside under section 611(3).
(3)
A rule may provide—
(a)
that esplanade reserves required under section 345(3) of the Local Government Act 1974 must be more or less than 20 metres wide:
(b)
that section 345(3) of that Act does not apply.
(4)
Rules made under this section—
(a)
must provide for matters appropriate to the circumstances of the region or district where the rule is to apply; and
(b)
may apply generally, in a particular locality, or in particular circumstances.
Compare: 1991 No 69 s 77
Limitations applying to certain rules
192 Limitations applying to rules relating to coastal marine area and coastal water
Rules relating to coastal marine area and coastal waters
(1)
A plan rule that applies to the coastal marine area must not identify any of the following as permitted activities to which section 27 applies:
(a)
the dumping of waste or other matter from a ship, an aircraft, or an offshore installation in the coastal marine area:
(b)
the dumping of a ship, an aircraft, or an installation in the coastal marine area:
(c)
the incineration of waste or other matter in a marine incineration facility in the coastal marine area.
(2)
Subject to subsection (1), subsection (9) and section 187(3) apply to rules included in a plan about the dumping of waste or other matter as if a reference to a discharge of a contaminant included a reference to the dumping of waste or other matter.
(3)
Plan rules must not provide for aquaculture activities as permitted activities in the coastal marine area if the activity would occupy space that is not the subject of a coastal permit authorising aquaculture activities at the time when the plan is being developed.
Rules relating to water quality
(4)
Schedule 8 applies for the purpose of managing the quality of coastal waters.
(5)
Subsections (6) to (8) apply if a regional planning committee—
(a)
provides in a plan that certain waters must be managed for any purpose described in respect of any of the classes of water specified in Schedule 8; and
(b)
includes rules in the plan about the quality of water in those waters.
(6)
The rules must provide that the standards specified in Schedule 8 are mandatory for the appropriate class of waters in the coastal marine area.
(7)
However, if a regional planning committee considers that the standards are not adequate or appropriate to those waters, the rules may state standards that are more stringent or specific.
(8)
If a regional planning committee provides in a plan that certain waters in the coastal marine area are to be managed for a purpose for which the classes specified in Schedule 8 are not adequate or appropriate, the committee may state new classes and standards for the quality of those waters in the plan.
(9)
Standards must not be set that would, or may, result in a reduction in the quality of coastal water at the time when a proposed plan is notified, unless it is in accordance with the purpose of this Act to do so.
(10)
Subsection (9) is subject to the need to allow for reasonable mixing of a discharged contaminant or water in the coastal marine area (see section 292(2)).
Rules relating to fisheries resources in coastal marine area
(11)
Despite section 173(1)(e) but subject to subsection (12), a plan must not include rules that control taking, allocating, or enhancing fisheries resources in the coastal marine area for the purpose of managing fishing or fisheries resources controlled by or under the Fisheries Act 1996.
(12)
Despite section 173(1)(e), a plan must not include discretionary, anticipated, or permitted activity rules for fishing controlled by or under the Fisheries Act 1996.
Compare: 1991 No 69 ss 68(4), (7)–(10), 68A(1), 69(1), (2)
193 Rules relating to water and air
(1)
Subsection (2) applies if a plan includes a rule relating to any of the following:
(a)
maximum or minimum levels, flows, or rates of use of water:
(b)
minimum standards of water quality or air quality:
(c)
ranges of temperature or pressure of geothermal water.
(2)
If a plan includes a rule described in subsection (1), the plan may also state—
(a)
whether the rule affects existing resource consents for activities that contravene the rule or require new conditions (see section 339):
(b)
that the holder of a resource consent may comply with the terms of the rule in stages or over specified periods of time.
Allocation methods
194 Rules relating to allocation methods for certain resources
(1)
A plan must include rules that require 1 or more allocation methods to be used for the following (to the extent they are available in the region):
(a)
the taking, diverting, or use of freshwater:
(b)
the capacity of freshwater to assimilate a discharge of nitrogen:
(c)
a resource specified in the national planning framework as a resource for which an allocation method must be used.
(2)
A regional planning committee must, when developing rules under subsection (1), have particular regard to the resource allocation principles.
(3)
A plan may include rules that require 1 or more allocation methods to be used for any of the following:
(a)
the taking, diverting, or use of—
(i)
geothermal water; or
(ii)
coastal water (other than open coastal water):
(b)
the taking or use of heat or energy from water:
(c)
the capacity of air to assimilate a discharge of a contaminant (other than greenhouse gases):
(d)
the capacity of coastal and geothermal water (including estuaries) to assimilate a discharge of a contaminant:
(e)
the taking or use of heat or energy from the material surrounding geothermal water:
(f)
the capacity of freshwater to assimilate discharge of any contaminant other than nitrogen:
(g)
a resource specified in the national planning framework as a resource for which an allocation method may be used.
(4)
When considering the comparative consenting process or a market-based allocation method as an allocation method for a resource described in subsection (3), the regional planning committee must have particular regard to the resource allocation principles.
(5)
A rule made under subsection (1) or (3) that provides for the allocation of resources is subject to the following:
(a)
the rule may not, during the term of an existing resource consent, allocate the amount of a resource that has already been allocated to the consent; and
(b)
nothing in paragraph (a) affects section 193(1) and (2); and
(c)
the rule may allocate the resource in anticipation of the expiry of existing consents; and
(d)
in allocating the resource in anticipation of the expiry of existing consents, the rule may—
(i)
allocate all of the resource used for an activity to the same type of activity; or
(ii)
allocate some of the resource used for an activity to the same type of activity and the rest of the resource to any other type of activity or no type of activity; and
(e)
the rule may allocate the resource among competing types of activities; and
(f)
the rule may allocate water, or heat or energy from water, as long as the allocation does not affect the activities authorised by section 25(4)(a) to (c).
195 Rules may specify applications to be dealt with under comparative consenting process
(1)
This section applies only to resources described in section 194 that a plan requires, in accordance with that section, to be allocated through the comparative consenting process.
(2)
A plan may include rules that—
(a)
specify the kind of resource consent application that must be processed, heard, and determined by a consent authority in accordance with the comparative consenting process:
(b)
specify the kind of resource consent application that must not be processed, heard, and determined by a consent authority in accordance with that process.
196 How plan may require use of market-based allocation method
(1)
If the national planning framework is silent on the use of a market-based allocation method to determine the right to apply for a resource consent relating to the activities described in section 158(1), a plan may, subject to subsection (3),—
(a)
require the use of a market-based allocation method to determine the allocation of the right to apply for that resource consent:
(b)
impose requirements relating to the use of the market-based allocation method and processes to be followed:
(c)
require a person to hold a right to apply before lodging an application for a resource consent under a rule:
(d)
contain rules that prohibit the lodging of applications for a resource consent by persons who do not hold a right to apply.
(2)
A regional planning committee must have particular regard to the allocation principles before developing any provision for the purpose of subsection (1).
(3)
A market-based allocation method must not be used to determine the allocation of a right to apply for a resource consent—
(a)
for an activity that is not described in section 158(1); or
(b)
for taking, diverting, or using freshwater.
(4)
The prohibition in subsection (3)(b) applies also to any allocation method that uses or is modified by a market-based allocation method.
(5)
To avoid doubt, subsection (4) does not affect the transfer of any resource consent under Part 6.
197 Rule may allow receipt of certain applications outside required time frame in certain circumstances
(1)
A plan may include rules that enable a consent authority to—
(a)
(b)
receive resource consent applications before a local authority conducts a market-based allocation method under a plan rule.
(2)
A consent authority that receives an application under a rule described in subsection (1)(a) must hold the application without processing it until the next required time period determined under clause 3 of Schedule 10.
(3)
A consent authority that receives an application under a rule described in subsection (1)(b) must hold the application without processing it until the next market-based allocation method to determine the allocation of a right to apply for a resource consent.
(4)
In this section, required time period means the time frame in which the application may be made as set out in the national planning framework or plan.
Legal effect of rules
198 When rules have legal effect
General rule that applies
(1)
(2)
However, subsection (1) does not apply if—
(a)
the rule is given immediate legal effect under any of the circumstances described in subsection (4); or
(b)
the Environment Court makes an order under section 201 setting a different date for the rule to have legal effect; or
(c)
the regional planning committee resolves that the rule has legal effect when the proposed plan becomes operative in accordance with clause 44 of Schedule 6.
(3)
Subsection (2)(c) applies only if—
(a)
(b)
the decision is included with the notification given of the plan; and
(c)
the decision is not subsequently rescinded (in which case the rule has legal effect from a date determined in accordance with section 200).
Rules with immediate legal effect
(4)
A rule in a proposed plan has immediate legal effect if the rule—
(a)
protects, or relates to, water, air, or soil (for soil conservation):
(b)
protects areas of significant indigenous vegetation:
(c)
protects areas of significant habitats of indigenous animals:
(d)
protects cultural heritage:
(e)
protects significant individual trees, or groups of trees, that are expressly identified in the plan:
(f)
provides for, or relates to, aquaculture activities:
(g)
identifies—
(i)
a place of national importance:
(ii)
a highly vulnerable biodiversity area.
(5)
In this section,—
rescinded means, in respect of a decision, that public notice is given of a decision being rescinded, including a description of the decision and the date on which it was rescinded.
Compare: 1991 No 69 s 86B
199 Rules that have early or delayed legal effect
(1)
A regional planning committee must identify any rules in a proposed plan that have legal effect from a date other than the date that would apply under section 198(1).
(2)
That information must be clearly identified—
(b)
as soon as practicable after the date is determined, if the rule is the subject of an application under section 201 and the application is not determined before the proposed plan is notified.
(3)
A rule that subsection (1) applies to—
(a)
does not form part of the proposed plan; and
(b)
may be removed from the proposed plan by the relevant regional planning committee without further authorisation than this subsection once the plan becomes operative in accordance with clause 44 of Schedule 6.
Compare: 1991 No 69 s 86E
200 When rule has legal effect if resolution to delay rescinded
(1)
This section applies to a rule in respect of which a relevant regional planning committee has made a resolution as described in section 198(2)(c).
(2)
The rule has legal effect from the later of—
(a)
the day after the date on which the regional planning committee gives public notice that the resolution in relation to the rule is rescinded; and
Compare: 1991 No 69 s 86C
201 Environment Court may provide for legal effect of rule
(1)
(2)
An order, if granted, must specify the date from which the rule is to have legal effect, which must be not earlier than the date of the court order.
(3)
This section does not apply to a rule that section 198(4) (immediate legal effect) applies to.
Compare: 1991 No 69 s 86D
Operative effect of rules
202 When rules to be treated as operative
(1)
A rule in a proposed plan must be treated as operative if the time for making submissions or lodging appeals on the rule has expired and—
(a)
no submissions opposing the rule have been made or appeals have been lodged; or
(b)
all opposing submissions have been withdrawn; or
(c)
any appeals have been determined, withdrawn, or dismissed.
(2)
A previous rule that is replaced is to be treated as no longer operative on and after the day on which the replacement rule takes legal effect.
Compare: 1991 No 69 s 86F
203 Rule does not include rule not operative or without legal effect
Unless otherwise expressly provided by this Act, a reference to a rule in this Act or in regulations, including the national planning framework, made under a relevant empowering provision in this Act does not include a reference to a rule that has not—
(a)
taken legal effect in accordance with section 198; or
(b)
become operative under section 202.
Compare: 1991 No 69 s 86G
Subpart 4—Miscellaneous matters relevant to the making and implementation of plans
Protected customary rights
204 Rules adversely affecting protected customary rights groups
(1)
A plan must not contain a rule that describes an activity as permitted if the activity will, or is likely to, have a more than minor adverse effect on the exercise of a protected customary right.
(2)
If a protected customary rights group considers that a plan rule does not comply with subsection (1), the group may—
(a)
make a submission to the relevant regional planning committee under clause 36 of Schedule 6; or
(b)
request a change under clause 67 of Schedule 6; or
(c)
apply to the Environment Court under clause 49 of Schedule 13 for a change to the rule.
(3)
In determining whether the rule in question complies with subsection (1), the regional planning committee or the court, as the case may be, must consider the following matters:
(a)
the effects of the proposed activity on the exercise of the protected customary right; and
(b)
the area that the proposed activity would have in common with the area to which the protected customary right applies; and
(c)
the degree to which the proposed activity must be carried out to the exclusion of other activities; and
(d)
the degree to which the exercise of the protected customary right must be carried out to the exclusion of other activities; and
(e)
whether the protected customary right can be exercised only in a particular area.
205 Rules relating to wāhi tapu conditions
(1)
A rule must not describe an activity as permitted if the activity would, or would be likely to, be contrary to any wāhi tapu conditions in a customary marine title order or customary marine title agreement.
(2)
A rule that describes an activity in the common coastal marine area as permitted must—
(a)
require compliance with any wāhi tapu conditions in a customary marine title order or agreement that comes into effect after the rule is made operative; and
(b)
contain standards for measuring compliance with those conditions.
Controls over land
206 Land subject to controls
(1)
An interest in land must be treated as not being taken or injuriously affected because of a provision in a plan, unless the contrary is expressly provided for in this Act.
(2)
If a person with an interest in land considers that a provision in a plan or proposed plan applying to that person’s interest makes, or would make, the interest in the land incapable of reasonable use, that person may challenge the provision or proposed provision.
(3)
The person may do so by—
(a)
making a submission under Schedule 6 in respect of the provision or proposed provision; or
(b)
applying directly to the Environment Court to change the plan under clause 67 of Schedule 6, instead of applying to the local authority.
(4)
A reference in this section and section 207 to a provision in a plan or proposed plan does not include a designation, a heritage protection order, or a requirement for a designation or heritage protection order.
(5)
In this section and section 207, reasonable use, in relation to land, includes the use or potential use of the land for any activity if the actual or potential effects of the activity on the natural and built environment or on any person other than the applicant would not be significant.
Compare: 1991 No 69 s 85(1), (2), (6)
207 Jurisdiction of Environment Court over land subject to controls
(1)
This section applies if—
(a)
an application is made to the Environment Court to change a plan under clause 67 of Schedule 6:
(b)
an appeal is made to that court concerning a provision in a proposed plan or a change to a plan.
(2)
The grounds that the applicant or appellant must satisfy are that the provision or proposed provision of a plan—
(a)
makes the relevant land incapable of reasonable use; and
(b)
places an unfair and unreasonable burden on any person with an interest in that land.
(3)
In determining whether the grounds set out in subsection (2) are satisfied, the court may assess and take into account the risk (if any) identified as relevant to the land in question, including the likelihood of the risk increasing over time.
(4)
Section 208 applies if the court is satisfied that the grounds in subsection (2), as assessed under subsection (3) (if relevant), are met.
Compare: 1991 No 69 s 85(3), (3B)
208 Court’s determination
(1)
In determining an application or an appeal referred to in section 207(1), the Environment Court may direct the relevant regional planning committee—
(a)
to modify, delete, or replace the provision in the plan or proposed plan in the manner that the court directs; or
(b)
to notify the relevant local authority that it is required to offer to acquire all or part of the estate or interest in the land under the Public Works Act 1981, as long as doing so would not breach subsection (4).
(2)
The regional planning committee must notify the relevant local authority when it receives direction from the court under subsection (1).
(3)
Before the court gives a direction under subsection (1), it must have regard to Part 2, including the effect of section 21(2) (restrictions relating to land) and section 206(1) (land subject to controls).
(4)
The court must not give a direction under subsection (1)(b) unless—
(a)
the person with the estate or interest in the land concerned or part of it (or that person’s spouse, civil union partner, or de facto partner) had acquired the estate or interest in the land or part of it before the date on which the provision or proposed provision was first notified or included in the relevant plan or proposed plan; and
(b)
the provision or proposed provision remained in substantially the same form.
(5)
If an offer to acquire the relevant estate or interest in the land or part of it—
(a)
is accepted, the local authority is responsible for implementing the acquisition under the Public Works Act 1981, including meeting the costs of the acquisition:
(b)
is not accepted, the provision in the plan remains in force unaffected or, if not already in force, comes into force without modification.
(6)
A direction given under subsection (1) has effect as if it were given under clause 137 of Schedule 6.
(7)
This section does not limit the powers of the Environment Court.
Compare: 1991 No 69 s 85(3A), (3D), (4), (5)
209 Power to acquire land
(1)
A local authority may, by agreement made under the Public Works Act 1981, acquire land or an interest in land in its region or district if, under the operative plan, the local authority considers that the acquisition is necessary or expedient for one or both of the following purposes:
(a)
to terminate or prevent a prohibited activity in relation to the land:
(b)
to facilitate activity in relation to the land that is in accordance with the outcomes and policies specified in the plan.
(2)
A plan must not oblige a local authority to acquire land, except as provided in section 208(1)(b) or 539.
(3)
A person whose estate or interest in land is taken for a purpose authorised by subsection (1) is entitled to the compensation that the person would have been entitled to if the land had been acquired for a public work under the Public Works Act 1981.
Compare: 1991 No 69 s 86
210 Boundary adjustments
(1)
If the boundaries of a region or of a district are changed so that any part of the region or district is administered by a different local authority,—
(a)
the plan or proposed plan that applied in the area before the change to the boundaries continues to apply to the area and is to be treated as part of the plan or proposed plan of the different local authority; and
(b)
any activity that was, before the change, undertaken under section 202, may be continued as if the change to the boundaries had not taken place.
(2)
If the boundaries of a district are changed to include, within the district, an area that was not previously within the boundaries of another district, the land must not be used—
(a)
unless the use is expressly allowed by a resource consent; or
(b)
until the plan provides that the land may be used as proposed.
(3)
If the boundaries of a district are changed, the relevant territorial authority must, as soon as practicable (but not later than 2 years after the change comes into effect), request the relevant planning committee to change the plan as the committee considers necessary, and to apply the plan to the area that is administered by that territorial authority.
Compare: 1991 No 69 s 81
Obligations on local authorities
211 Plan must be updated to reflect changes to aquaculture settlement area
If a notice issued under section 12 of the Maori Commercial Aquaculture Claims Settlement Act 2004 declares space in the coastal marine area to be an aquaculture settlement area or adds or removes space from an aquaculture settlement area, a regional planning committee must—
(a)
amend any aquaculture settlement area shown on the plan to reflect any new aquaculture settlement areas, or changes to existing areas, made by the notice; and
(b)
make the amendment as soon as practicable after the notice is issued; and
(c)
make the amendment without using the process set out in Schedule 6.
212 Presumption of validity
If a regional planning committee claims that a plan is operative, the plan—
(a)
must be treated as having been prepared and approved in accordance with Schedule 6; and
(b)
must not be challenged except by an application for an enforcement order under section 643(2).
Compare: 1991 No 69 s 83
213 Duty of local authority to observe plans
(1)
While a plan is operative in a region or district, the local authority responsible for its implementation must comply with and, to the extent of its authority, enforce compliance with the plan.
(2)
A resource consent purporting to be granted under a plan, or a purported waiver from a plan, has no effect if it does not comply with subsection (1), unless that non-compliance is authorised by or under this Act.
Compare: 1991 No 69 s 84
Subpart 5—Trade competition
Trade competition not relevant consideration under this Act
214 Interpretation
In sections 215 to 218,—
person A means a person who is a trade competitor of person B
person B means a person in respect of whom person A is a trade competitor
person C means a person who has knowingly received, is knowingly receiving, or may knowingly receive direct or indirect help from person A—
(a)
to bring an appeal or be a party to an appeal against a decision under this Act in favour of person B:
(b)
to be a party to a proceeding before the Environment Court that was lodged by person B under any of the provisions listed in section 217(2).
Compare: 1991 No 69 s 308A
215 Restrictions on making submissions
(1)
Person A may make a submission about an application by person B if an effect of the proposed activity—
(a)
directly affects person A; and
(b)
adversely affects the environment; and
(c)
does not relate to trade competition or the effects of trade competition.
(2)
This subpart is contravened if the limits set for submissions in clause 70 of Schedule 10 (which relates to proposals of national significance) or in Schedule 6 are breached.
Compare: 1991 No 69 s 308B
216 Restrictions on representation at appeals
(1)
Subsection (2) applies if person A wants to be a party under clauses 53 and 54 of Schedule 13 to an appeal to the Environment Court against a decision under this Act in favour of person B.
(2)
The ground for person A’s appeal is that person A has an interest in the proceedings greater than the interest that the general public has.
(3)
Person A may be a party to the appeal, but only if directly affected by an effect of the proposed activity that—
(a)
also adversely affects the environment; and
(b)
does not relate to trade competition or the effects of trade competition.
Compare: 1991 No 69 s 308C
217 Restrictions on representation as party
(1)
This section applies if person A wants to be a party under clauses 53 and 54 of Schedule 13 to a proceeding listed in subsection (2) because person A has an interest in the proceedings greater than that of the general public.
(2)
The proceedings referred to in subsection (1) may be under any of the following provisions:
(a)
section 236, which relates to the streamlining process for determining applications (Environment Court determines applications):
(b)
clause 84 of Schedule 10 (Matter referred to Environment Court):
(c)
section 482(10)(a)(ii), which relates to combined hearings on applications for coastal permits:
(d)
sections 551 and 557, which relate to the Environment Court process for determining designations.
(3)
Person A may be a party to the proceeding if an effect of the proposed activity—
(a)
directly affects person A; and
(b)
adversely affects the environment; and
(c)
does not relate to trade competition or the effects of trade competition.
Compare: 1991 No 69 s 308CA
218 Further prohibitions
When appealing, etc, prohibited
(1)
Person A must not bring an appeal, be a party to an appeal, or become a party to a proceeding referred to in section 217(2) for the purpose of—
(a)
protecting person A from trade competition:
(b)
preventing or deterring person B from engaging in trade competition.
Using surrogate prohibited
(2)
Person A must not, for the purposes of subsection (1), directly or indirectly help person C (a surrogate)—
(a)
bring an appeal, or be a party to an appeal, against a decision under this Act in favour of person B; or
(b)
be a party to a proceeding in the Environment Court that was lodged by person B under any of the provisions referred to in section 771(2).
Surrogate must disclose status
(3)
Person C (a surrogate) must tell the court if—
(a)
person C appears before the court—
(i)
as the appellant, or as a party to an appeal against a decision under this Act in favour of person B; or
(ii)
as a party to a proceeding before the Environment Court lodged by person B under any of the provisions referred to in section 771(2); and
(b)
person C has knowingly received, is knowingly receiving, or may knowingly receive direct or indirect help from person A, for any of the purposes listed in subsection (1),—
(i)
to bring the appeal; or
(ii)
to be a party to the appeal; or
(iii)
to be a party to the proceeding.
Part 6 Resource consenting and proposals of national significance
Subpart 1—Preliminary provisions
219 Consenting processes and proposals of national significance
(1)
(2)
Provisions relating to proposals of national significance are set out in Parts 3 to 5 of Schedule 10 and apply to any of the following matters:
(a)
an application for a resource consent or an application to change or cancel its conditions:
(b)
a notice of requirement for a designation or to alter a designation:
(c)
a proposed change to a plan or a variation to a proposed plan.
(3)
By way of explanation, Parts 3 to 5 of Schedule 10 set out processes and criteria by which the Minister (on their own initiative or on request by an applicant) may—
(a)
call in a matter that is or is part of a proposal of national significance; and
(b)
refer that matter to a board of inquiry or the Environment Court for decision.
220 Types of resource consents
In this Act, resource consent means any of the following consents or permits:
(a)
a land use consent, which is a consent to do something that otherwise would contravene section 21 or 24:
(b)
a subdivision consent, which is a consent to do something that otherwise would contravene section 22:
(c)
a coastal permit, which is a consent to do something in a coastal marine area that otherwise would contravene any of sections 23, 25, 26, 27, and 28:
(d)
a water permit, which is a consent to do something (other than in a coastal marine area) that otherwise would contravene section 25:
(e)
a discharge permit, which is a consent to do something (other than in a coastal marine area) that otherwise would contravene section 26.
Compare: 1991 No 69 s 87
221 Activity categories
(1)
The national planning framework or a plan may specify the activity category that applies to an activity carried out under this Act.
(2)
A description of those activity categories (permitted, anticipated, discretionary, and prohibited) is set out in section 140.
(3)
Sections 140 to 143 provide for how decisions about activity categories must be made in the national planning framework or a plan.
(4)
This section is by way of explanation only.
222 Consent authority may permit activity by waiving compliance with certain requirements, conditions, or permissions
(1)
An activity is a permitted activity if—
(a)
the activity would be a permitted activity except for a marginal or temporary non-compliance with requirements, conditions, and permissions specified in this Act, the national planning framework, or a plan; and
(b)
any adverse environmental effects of the activity are no different in character, intensity, or scale than they would be in the absence of the marginal or temporary non-compliance referred to in paragraph (a); and
(c)
any written approval from persons from whom the plan or the national planning framework requires approval to be obtained has been obtained; and
(d)
the consent authority, in its discretion, decides to notify the person proposing to undertake the activity that the consent authority has waived the non-compliance and decided that the activity is a permitted activity.
(2)
A consent authority may give a notice under subsection (1)(d)—
(a)
after receiving an application for a resource consent for the activity; or
(b)
on its own initiative.
(3)
A consent authority may, for the purpose of subsection (1)(d), consider a compliance and enforcement strategy published under section 56.
(4)
The notice must be in writing and must include—
(a)
a description of the activity; and
(b)
details of the site at which the activity is to occur; and
(c)
the consent authority’s reasons for considering that the activity meets the criteria in subsection (1)(a) to (c), and the information relied on by the consent authority in making that decision.
(5)
If a person has submitted an application for a resource consent for an activity that is a permitted activity under this section, the application need not be further processed, considered, or decided and must be returned to the applicant.
(6)
A notice given under subsection (1)(d) lapses 5 years after the date of the notice unless the activity permitted by the notice is given effect to.
Compare: 1991 No 69 s 87BB
223 Activities that must be treated as discretionary activities
An application for a resource consent for an activity must be treated as an application for a discretionary activity if—
(a)
Part 2 requires a resource consent to be obtained for the activity and there is no plan, or no relevant rule in a plan; or
(b)
a plan requires a resource consent to be obtained for the activity but does not describe the activity as a permitted, anticipated, or discretionary activity; or
(c)
a rule in a proposed plan describes the activity as a prohibited activity and the rule has not become operative.
Compare: 1991 No 69 s 87B
224 Specified prohibited activities
(1)
The following activities are prohibited activities:
(a)
prospecting, exploring, or mining for Crown-owned minerals in the internal waters of the Coromandel Peninsula:
(b)
mining of which the main purpose is to mine mercury.
(2)
Subsection (1)(a) does not apply to prospecting, exploring, or mining activities set out in section 61(1A) of the Crown Minerals Act 1991.
Compare: 1991 No 69 s 87B
225 Description of activity category to remain the same
(1)
Subsection (2) applies if—
(a)
an application for a resource consent has been made under section 239 or clause 60 of Schedule 10; and
(b)
the category of activity (being anticipated or discretionary) for which the application was made, or for which the application was treated as being made under section 223, is altered after the application was first lodged.
(2)
The application continues to be processed, considered, and decided as an application for the category of activity that it was for, or was treated as being for, at the time the application was first lodged.
(3)
Despite subsection (1), any plan or proposed plan that exists when the application is considered must be had regard to in accordance with section 286(2)(c).
Subpart 2—Right to apply for resource consent relating to certain resources
226 When this subpart applies
(1)
This subpart applies if a right to apply for a resource consent to undertake an activity relating to a resource described in section 158(1) is issued to a person—
(a)
by a consent authority through a market-based allocation method as required or permitted by the national planning framework or required by a plan; or
(b)
by the Minister responsible for aquaculture, in accordance with this Act (other than Part 8).
(2)
In this subpart,—
relevant resource consent means the resource consent to which the right to apply relates
right to apply means an exclusive right to apply for a resource consent to undertake an activity relating to a resource described in section 158(1).
227 Right to apply may be transferred
(1)
A right to apply may be transferred by its holder to any other person.
(2)
A transfer of a right to apply does not take effect until written notice of it has been given to and received by the appropriate regional council or unitary authority.
228 Right to apply lapses in certain circumstances
(1)
A right to apply lapses on the close of 2 years after it is issued (the 2-year date) unless—
(a)
the holder of the right has within that period obtained a relevant resource consent, in which case the right to apply lapses when the consent is issued; or
(b)
the situation described in subsection (2) has occurred, in which case the right to apply lapses when the time for lodging an appeal has expired or the decision of the court in respect of any appeal has been given (as the case may be).
(2)
The situation referred to in subsection (1)(b) is as follows:
(a)
the holder of the right has lodged an application for a relevant resource consent with the consent authority before the 2-year date; and
(b)
on the 2-year date,—
(i)
no decision has been made by the consent authority; or
(ii)
the consent authority has made a decision but the time for lodging appeals to the Environment Court has not expired; or
(iii)
an appeal has been lodged but no decision has been made by the court on that appeal.
Compare: 1991 No 69 s 164
Subpart 3—Application for resource consent
229 Prior consultation not needed
The following applies to an applicant for a resource consent and the consent authority unless the national planning framework, the relevant plan, or another Act otherwise requires:
(a)
neither has a duty under this Act to consult any person about the application; and
(b)
each must comply with a duty under any other enactment to consult any person about the application; and
(c)
each may consult any person about the application.
230 Consent engagement costs
(1)
A person who applies for or holds a resource consent is liable to pay consent engagement costs if they are subject to an engagement requirement in relation to which costs have been fixed.
(2)
A person who is liable to pay consent engagement costs must pay those costs in accordance with—
(a)
any requirements made under sections 757 to 760 and regulations made under section 797; or
(b)
any agreement they have entered into with an iwi authority or group representing hapū with whom they required to fulfil an engagement requirement.
(3)
A consent authority and an iwi authority or group representing hapū may agree on how consent engagement costs are to be collected—
(a)
by the consent authority on behalf of the iwi authority or group representing hapū; and
(b)
in accordance with any requirements in regulations made under section 797.
(4)
In this section,—
consent engagement costs—
(a)
means any costs that are fixed under sections 757 to 760—
(i)
in accordance with any regulations made under section 797; and
(ii)
that relate to an engagement requirement; and
(b)
includes any costs fixed or payable under regulations made under section 797 that relate to a matter described in paragraph (a); and
(c)
includes any reasonable administration costs incurred by an iwi authority or group representing hapū and a consent authority
engagement requirement means a requirement that—
(a)
an applicant for, or holder of, a resource consent engage with an iwi authority or group representing hapū; and
(b)
is specified in the national planning framework or a plan, or as a condition of the resource consent, or in another Act.
Direct referral to Environment Court
231 Sections 232 to 238 apply to resource consent applications
(1)
Sections 232 to 238 apply when an applicant wants one of the following applications to be determined by the Environment Court instead of by a consent authority:
(a)
an application for a resource consent that has been notified:
(b)
an application to change or cancel a condition of a resource consent that has been notified.
(2)
If the application is called in under clause 55 of Schedule 10, sections 232 to 238 cease to apply to it.
Compare: 1991 No 69 s 87C
232 Request for application to go directly to Environment Court
(1)
The applicant must request the relevant consent authority to allow the application to be determined by the Environment Court instead of by the consent authority.
(2)
The applicant must make the request in the period—
(a)
starting on the day on which the application is made; and
(b)
ending 5 working days after the date on which the period for submissions on the application closes.
(3)
The applicant must make the request electronically or in writing on the prescribed form.
Compare: 1991 No 69 s 87D
233 Consent authority to return request in certain circumstances
(1)
If the consent authority determines under section 240 that the application is incomplete, it must return the request with the application without making a decision on the request.
(2)
Section 240 applies to the application returned under subsection (1).
(3)
If the consent authority receives the request after it has determined that the application will not be notified, it must return the request.
(4)
If the consent authority decides not to notify the application, it must return the request.
(5)
If the consent authority returns the request, it must give the applicant its reasons, in writing or electronically, at the same time as it gives the applicant its decision.
(6)
Subsections (3) and (4) are subject to any provision in the national planning framework or the plan relating to the notification status of the activity.
Compare: 1991 No 69 s 87E(1), (2), (4), (8)
234 Consent authority’s decision on request
(1)
If the consent authority receives the request before it has determined whether the application will be notified, it must defer its decision on the request until after it has decided whether to notify the application and then apply either section 233(4) or subsection (2).
(2)
If the consent authority decides to notify the application, it must give the applicant its decision on the request within 15 working days after the date of the decision on notification.
(3)
In any other case, the consent authority must give the applicant its decision on the request within 15 working days after receiving the request.
(4)
If regulations have been made under section 801,—
(a)
the consent authority must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by those regulations; but
(b)
that obligation to grant the request does not apply if the consent authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist.
(5)
The consent authority must assess the request against the following criteria:
(a)
the scale, significance, and complexity of the proposed activity:
(b)
whether there is any particular need for urgency:
(c)
whether participation by the public would be materially inhibited if the request were granted:
(d)
any other relevant matter.
(6)
No submitter has a right to be heard by the consent authority on a request.
(7)
If the consent authority declines the request, it must give the applicant its reasons, in writing or electronically, at the same time as it gives the applicant its decision.
(8)
If the consent authority declines the request, the applicant may object to the consent authority under section 765(1)(c).
(9)
Subsections (1) and (2) are subject to any provision in the national planning framework or the plan relating to the notification status of the activity.
Compare: 1991 No 69 s 87E(3), (5)–(9)
235 Consent authority’s subsequent processing
(1)
If the consent authority does not grant the applicant’s request under section 232, the consent authority must continue to process the application.
(2)
If the consent authority grants the applicant’s request under section 232, the consent authority must continue to process the application and must comply with subsections (3) to (7).
(3)
The consent authority must prepare a report on the application within the longer of the following periods:
(a)
the period that ends 20 working days after the date on which the period for submissions on the application closes:
(b)
the period that ends 20 working days after the date on which the authority decides to grant the request.
(4)
In the report, the consent authority must—
(a)
address issues that are set out in sections 286 to 300 to the extent that they are relevant to the application; and
(b)
suggest conditions that it considers should be imposed if the Environment Court grants the application; and
(c)
provide a summary of submissions received.
(5)
As soon as is reasonably practicable after the report is prepared, the consent authority must provide a copy to—
(a)
the applicant; and
(b)
every person who made a submission on the application.
(6)
The consent authority must ensure that it provides reasonable assistance to the Environment Court in relation to any matters raised in the authority’s report.
(7)
In providing that assistance, the consent authority—
(a)
is a party to the proceedings; and
(b)
must be available to attend hearings to—
(i)
discuss or clarify any matter in its report:
(ii)
give evidence about its report:
(iii)
discuss submissions received and address issues raised by the submissions:
(iv)
provide any other relevant information requested by the court.
Compare: 1991 No 69 s 87F
236 Environment Court determines application
(1)
Subsection (2) applies to an applicant who—
(a)
receives a report provided under section 235(5); and
(b)
continues to want the application to be determined by the Environment Court instead of by a consent authority.
(2)
The application is referred to the Environment Court by the applicant,—
(a)
within 15 working days after receiving the report, lodging with the Environment Court a notice of motion in the prescribed form applying for the grant of the resource consent (or the change or cancellation of the condition) and specifying the grounds upon which the application for the grant of the resource consent (or the change or cancellation of the condition) is made, and a supporting affidavit as to the matters giving rise to that application; and
(b)
as soon as is reasonably practicable after lodging the notice of motion, serving a copy of the notice of motion and affidavit on—
(i)
the consent authority that granted the applicant’s request under section 232; and
(ii)
every person who made a submission to the authority on the application; and
(c)
telling the Registrar of the Environment Court by written notice when the copies have been served.
(3)
A consent authority served under subsection (2)(b)(i) must, without delay, provide the Environment Court with—
(a)
the application to which the notice of motion relates; and
(b)
the authority’s report on the application; and
(c)
all the submissions on the application that the authority received; and
(d)
all the information and reports on the application that the authority was supplied with.
(4)
Clauses 53 and 54 of Schedule 13 apply to the notice of motion, and any person who has made a submission to the consent authority on the application and wishes to be heard on the matter by the Environment Court must give notice to the court in accordance with that section.
(5)
Part 4 and Schedule 13 apply to proceedings under this section.
(6)
If considering an application for a resource consent, the court must apply sections 286 to 300 and 352 as if it were a consent authority.
(7)
If considering an application for a change to or cancellation of conditions of a resource consent, the court must apply sections 296 to 300 as if—
(a)
it were a consent authority and the application were an application for a resource consent for a discretionary activity; and
(b)
every reference to a resource consent and to the effects of the activity were, respectively, a reference to the change or cancellation of a condition and the effects of the change or cancellation.
(8)
However, in the case of an application for a coastal permit for aquaculture activities, for the purposes of section 293(3)(b) or (c), the consent authority must obtain from the Environment Court any additional information, reports, or submissions not previously forwarded or sent under that section and forward or send the information, reports, and submissions to the chief executive of the Ministry responsible for the administration of the Fisheries Act 1996.
Compare: 1991 No 69 s 87G
237 Residual powers of consent authority
The consent authority that would have determined the application had the Environment Court not done so under section 236 has all the functions, duties, and powers in relation to a resource consent granted by the court as if it had granted the consent itself.
Compare: 1991 No 69 s 87H
238 When consent authority must determine application
(1)
This section applies when—
(a)
an applicant receives a report under section 235(5); and
(b)
either—
(i)
the applicant advises the consent authority that the applicant does not intend to lodge a notice of motion with the Environment Court under section 236(2); or
(ii)
the applicant does not lodge a notice of motion with the Environment Court under section 236(2).
(2)
The application must be determined by the consent authority.
Compare: 1991 No 69 s 87I
Applying for resource consent
239 How to apply for resource consent
(1)
A person may apply to the relevant consent authority for a resource consent.
(2)
A person may make a joint application for a resource consent and an exchange of recreation reserve land under section 15AA of the Reserves Act 1977 if the relevant consent authority—
(a)
is also the administering body in which the recreation reserve land is vested; and
(b)
agrees that the applications may be made jointly.
(3)
If a joint application is made under subsection (2), the application to exchange recreation reserve land must be—
(a)
processed, with the resource consent application, in accordance with sections 240 to 258, 266, and 272 to 284; then
(b)
decided under section 15AA of the Reserves Act 1977.
(4)
An application must—
(a)
be made in the prescribed form and manner; and
(b)
include the information relating to the activity, including an assessment of the activity’s effects on the environment, that is required under Schedule 9 or prescribed by regulations made under section 801 or the national planning framework.
(5)
If a person applies for a resource consent relating to an area where an applicant group seeks customary marine title,—
(a)
the person must comply with section 62A of the Marine and Coastal Area (Takutai Moana) Act 2011 (which requires the person to notify applicant groups, provide a list of the groups notified, and record their views); and
(b)
the application must be treated as incomplete if this is not done.
(6)
An application for a coastal permit to undertake an aquaculture activity must include a copy for the Ministry responsible for the administration of the Fisheries Act 1996.
(7)
Sections 764 and 771 apply to a determination that an application is incomplete.
(8)
In this section, applicant group has the meaning given to it by section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011.
Compare: 1991 No 69 s 88(1)–(2A), (5), (6)
240 Incomplete applications
(1)
A consent authority may, within 10 working days after an application is first lodged, determine that the application is incomplete if—
(a)
the application does not include the prescribed information or the information required by section 239(4)(b); or
(b)
the prescribed fee has not been paid.
(2)
The consent authority must immediately return an incomplete application to the applicant, with written reasons for the determination.
(3)
If, after an application has been returned as incomplete, the application is lodged again with the consent authority, the application is to be treated as a new application.
Compare: 1991 No 69 s 88(3)–(4)
Deferral of application
241 Deferral pending application for additional consents
(1)
A consent authority may determine to defer the processing of an application for a resource consent if it considers on reasonable grounds that—
(a)
other resource consents under this Act will also be required in respect of the proposal to which the application relates; and
(b)
it is appropriate, for the purpose of better understanding the nature of the proposal, that applications for any 1 or more of those other resource consents be made before proceeding further.
(2)
If a consent authority makes a determination under subsection (1), it must immediately notify the applicant of the determination.
(3)
The applicant may apply to the Environment Court for an order directing that any determination under this section be revoked.
Compare: 1991 No 69 s 91
Processing of application may be suspended
242 Applicant may have processing of notified application suspended
(1)
A consent authority must suspend the processing of a notified application when a request is received in accordance with this section.
(2)
The applicant may request the consent authority to suspend the processing of an application at any time in the period—
(a)
starting when the application is notified; and
(b)
ending when—
(i)
the hearing is completed, if a hearing is held for the application; or
(ii)
the consent authority gives notice to the applicant of its decision on the application, if a hearing is not held for the application.
(3)
However, a request must not be made if—
(a)
the applicant has lodged a notice of motion with the Environment Court under section 236(2)(a); or
(b)
the Minister has made a direction under clause 55 of Schedule 10 in relation to the application.
(4)
The request must be made by written or electronic notice.
(5)
If processing is suspended under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension started.
Compare: 1991 No 69 s 91A
243 When suspension of processing of notified application ceases
(1)
A consent authority must cease to suspend the processing of a notified application when—
(a)
a request is received in accordance with this section; or
(b)
the applicant lodges a notice of motion with the Environment Court under section 236(2)(a); or
(c)
the Minister makes a direction under clause 55(2) of Schedule 10 in relation to the application; or
(d)
the consent authority decides under section 244 to continue to process the application.
(2)
The applicant may, by written or electronic notice, request the consent authority to cease to suspend processing.
(3)
If a suspension is ceased under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension ceased.
Compare: 1991 No 69 s 91B
244 Application may be returned if suspended after certain period
(1)
Subsection (2) applies if—
(a)
a total of 130 or more working days have been excluded from time limits under section 254 in relation to a notified application (which, under section 257(8), includes time during which the application has been suspended); and
(b)
the application is suspended at the time.
(2)
The consent authority must decide to—
(a)
return the application to the applicant; or
(b)
continue to process the application.
(3)
If the consent authority decides to return the application,—
(a)
it must be returned together with a written explanation as to why it is being returned; but
(b)
the applicant may object to the consent authority under section 764.
(4)
If, after an application has been returned, the application is lodged again with the consent authority, the application is to be treated as a new application.
Compare: 1991 No 69 s 91C
245 Applicant may have processing of non-notified application suspended
(1)
A consent authority must suspend the processing of a non-notified application when a request is received in accordance with this section.
(2)
The applicant may request the consent authority to suspend processing at any time in the period—
(a)
starting on the date on which the application is first lodged with the authority; and
(b)
ending when—
(i)
the hearing is completed, if a hearing is held for the application; or
(ii)
the consent authority gives notice to the applicant of its decision on the application, if a hearing is not held for the application; or
(iii)
the application is notified.
(3)
However, a request must not be made if—
(a)
the applicant has lodged a notice of motion with the Environment Court under section 236(2)(a); or
(b)
the Minister has made a direction under clause 55 of Schedule 10 in relation to the application.
(4)
The request must be made by written or electronic notice.
(5)
If processing is suspended under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension started.
Compare: 1991 No 69 s 91D
246 When suspension of processing of non-notified application ceases
(1)
A consent authority must cease to suspend the processing of a non-notified application when—
(a)
a request is received in accordance with this section; or
(b)
the applicant lodges a notice of motion with the Environment Court under section 236(2)(a); or
(c)
the Minister makes a direction under clause 55 of Schedule 10 in relation to the application; or
(d)
the consent authority decides under section 247 to continue to process the application.
(2)
The applicant may, by written or electronic notice, request the consent authority to cease to suspend the processing of a non-notified application.
(3)
If a suspension is ceased under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension ceased.
Compare: 1991 No 69 s 91E
247 Non-notified application may be returned after certain period
Section 244(2) and (3) applies if the processing of a non-notified application has been suspended for a total of 130 working days in response to 1 or more requests under section 245.
Compare: 1991 No 69 s 91F
248 Withdrawal of application for resource consent
(1)
An applicant who has lodged an application for a resource consent may withdraw all or part of their application.
(2)
The applicant must give written or electronic notice to the consent authority of the withdrawal, and if only part is to be withdrawn, must identify that part.
Consent authority may require further information
249 Further information, or report, may be requested
(1)
A consent authority may, at any reasonable time before the hearing of an application for a resource consent or, if no hearing is held, before the decision to grant or refuse the application,—
(a)
request the applicant to provide further information relating to the application if the authority is satisfied that—
(i)
it requires the information to determine whether the proposed activity is consistent with relevant provisions in the plan or the national planning framework; or
(ii)
it requires the information to adequately assess the effects of the proposed activity; or
(b)
commission a person to prepare a report on a matter relating to the application, including a matter relating to information provided by the applicant in the application or under this section, if all of the following apply:
(i)
the proposed activity may, in the authority’s opinion, have a significant adverse environmental effect; and
(ii)
the applicant is notified before the authority commissions the report; and
(iii)
the applicant does not refuse, under section 251(1), to agree to the commissioning of the report.
(2)
The consent authority must notify the applicant, in writing, of its reasons for—
(a)
requesting further information under subsection (1)(a); or
(b)
wanting to commission a report under subsection (1)(b).
(3)
The information or report must be available at the office of the consent authority no later than 10 working days before the hearing of an application. This subsection does not apply if—
(a)
the applicant refuses, under section 250, to provide the further information; or
(b)
the applicant refuses, under section 251, to agree to the commissioning of the report.
(4)
The consent authority must, as soon as is reasonably practicable after receiving the information or report, give written or electronic notice to every person who made a submission on the application that the information or report is available at the authority’s office.
Compare: 1991 No 69 s 92
250 Responses to request for further information
(1)
An applicant who receives a request for further information under section 249(1)(a) must, within 15 working days of the date of the request, take one of the following options:
(a)
provide the information; or
(b)
tell the consent authority in a written notice that the applicant agrees to provide the information; or
(c)
tell the consent authority in a written notice that the applicant refuses to provide the information.
(2)
A consent authority that receives a written notice under subsection (1)(b) must—
(a)
set a reasonable time within which the applicant must provide the information; and
(b)
tell the applicant in a written notice the date by which the applicant must provide the information.
(3)
The consent authority may consider the application under section 286 even if the applicant—
(a)
agrees to provide the information under subsection (1)(b) but does not do so; or
(b)
refuses to provide the information under subsection (1)(c).
(4)
See section 252.
Compare: 1991 No 69 s 92A
251 Responses to notification
(1)
An applicant who receives a notification under section 249(2)(b) must, within 15 working days of the date of the notification, tell the consent authority in a written notice whether the applicant agrees to the commissioning of the report.
(2)
The consent authority must consider the application under section 286 even if the applicant—
(a)
does not respond in accordance with subsection (1); or
(b)
refuses to agree to the commissioning of the report.
Compare: 1991 No 69 s 92B
252 Consent authority may return application if further information not provided or administrative charges not paid
The consent authority may return an application for a resource consent after it has been accepted for processing if—
(a)
the authority receives no response from the applicant to a request for further information within the time specified in this Act or prescribed in regulations made under section 801 or agreed with the authority; or
(b)
the applicant does not pay any additional administration charges required for processing the application within the time prescribed in regulations made under section 801 or agreed with the authority.
Exclusion of various time periods
253 Processing time frames
(1)
The maximum processing time frames for applications for resource consents—
(a)
are set out in the table in subsection (2); and
(b)
are subject to other provisions of this Act.
(2)
Processing time frames for resource consents
| Type of notification | Overall time frame | Mandatory time frames within overall time frame | ||
|---|---|---|---|---|
| Non-notified consent without hearing | 20 working days | s 302(3)—If the application was not notified and a hearing is not held, notice of the decision must be given within 20 working days after the date the application was first lodged with the authority | ||
| Non-notified consent with hearing | 50 working days | s 266(1)(b)—If a consent authority needs to make a decision on notification, it has 20 working days to do so | ||
| s 302(2)—If a hearing is held, notice of the decision must be given within 15 working days after the end of the hearing | ||||
| Limited notified consent without hearing | 60 working days | s 266(1)(b)—If a consent authority needs to make a decision on notification, it has 20 working days to do so | ||
| s 274(3)—20 working days for submissions | ||||
| s 302(4)—Notice of decision given within 20 working days after closing date for submissions | ||||
| Limited notified consent with hearing | 100 working days | s 266(1)(b)—If a consent authority needs to make a decision on notification, it has 20 working days to do so | ||
| s 274(3)—20 working days for submissions | ||||
| s 302(2)—If a hearing is held, notice of the decision must be given within 15 working days after the end of the hearing | ||||
| Publicly notified consents without hearing | 60 working days | s 266(1)(b)—If a consent authority needs to make a decision on notification, it has 20 working days to do so | ||
| s 274(2)—20 working days for submissions | ||||
| s 302(4)—Notice of decision given within 20 working days after closing date for submissions | ||||
| Publicly notified consent with hearing | 130 working days | s 266(1)(b)—If a consent authority needs to make a decision on notification, it has 20 working days to do so | ||
| s 274(2)—20 working days for submissions | ||||
| s 302(2)—If a hearing is held, notice of the decision must be given within 15 working days after the end of the hearing |
254 What must be excluded from consideration of time periods
The following matters must be excluded in the calculation of the overall processing time frames:
(a)
a request for further information (section 255):
(b)
an excluded time period relating to direct referral to Environment Court (section 256):
(c)
deferral of an application pending applications for additional consents (section 257(1) and (2)):
(d)
approval sought from affected persons or groups (section 257(3) and (4)):
(e)
referral to mediation (section 257(5) and (6)):
(f)
suspension of notified applications (sections 257(7) and (8) and 259):
(g)
pre-request aquaculture agreements (section 258):
(h)
non-payment of administrative charges required for consent processing (section 260):
(i)
an excluded time period under the Urban Development Act 2020 (section 261):
(j)
preliminary meetings (section 276):
(k)
an applicant’s request to review draft conditions of consent (time period agreed between councils and applicant) (section 285):
(l)
time taken to confirm, conduct, and complete alternative dispute resolution (sections 304 to 312).
255 Excluded time periods relating to provision of further information
Request for further information
(1)
Subsection (2) applies when—
(a)
a consent authority has requested an applicant, under section 249(1), to provide further information on the applicant’s application; and
(b)
the request is the first request made by the authority to the applicant under that provision; and
(c)
the request is made before the authority decides whether to notify the application.
(2)
The period that must be excluded from the total processing time under section 253 is the period—
(a)
starting with the date of the request under section 249(1); and
(b)
ending as follows:
(i)
if the applicant provides the information within 15 working days, on the date on which the applicant provides the information:
(ii)
if the applicant agrees within 15 working days to provide the information and provides the information, on the date on which the applicant provides the information:
(iii)
if the applicant agrees within 15 working days to provide the information and does not provide the information, on the date set under section 250(2)(a):
(iv)
if the applicant does not respond to the request within 15 working days, on the date on which the period of 15 working days ends:
(v)
if the applicant refuses within 15 working days to provide the information, on the date on which the applicant refuses to provide the information.
Commissioning of report—applicant agrees
(3)
Subsection (4) applies when—
(a)
a consent authority has notified an applicant, under section 249(2)(b), of its wish to commission a report; and
(b)
the applicant agrees, under section 251(1), to the commissioning of the report.
(4)
The period that must be excluded from the total processing time under section 253 is the period—
(a)
starting with the date of the notification under section 249(2)(b); and
(b)
ending with the date on which the authority receives the report.
Commissioning of report—applicant disagrees
(5)
Subsection (6) applies when—
(a)
a consent authority has notified an applicant, under section 249(2)(b), of its wish to commission a report; and
(b)
the applicant does not agree, under section 251(1), to the commissioning of the report.
(6)
The period that must be excluded from the total processing time under section 253 is the period—
(a)
starting with the date of the notification under section 249(2)(b); and
(b)
ending with the earlier of the following:
(i)
the date on which the period of 15 working days ends; and
(ii)
the date on which the authority receives the applicant’s refusal, under section 251(1), to agree to the commissioning of the report.
Compare: 1991 No 69 s 88C
256 Excluded time periods relating to direct referral
Request for direct referral declined and no objection
(1)
Subsection (2) applies when—
(a)
an applicant makes a request under section 232(1); and
(b)
the consent authority declines the request under section 233(5) to (7); and
(c)
the applicant does not object under section 765(1)(c).
(2)
The period that must be excluded from the total processing time under section 253 is the period—
(a)
starting with the date on which the consent authority receives the request; and
(b)
ending with the date on which the period of 15 working days referred to in section 768(1) ends.
Request for direct referral declined and objection dismissed
(3)
Subsection (4) applies when—
(a)
an applicant makes a request under section 232(1); and
(b)
the consent authority declines the request under section 233(5) to (7); and
(c)
the consent authority dismisses the applicant’s objection under section 770.
(4)
The period that must be excluded from the total processing time under section 253 is the period—
(a)
starting with the date on which the consent authority receives the request; and
(b)
ending with the date on which the consent authority notifies the applicant of its decision to dismiss the objection.
Request for direct referral granted or objection upheld
(5)
Subsection (6) applies when—
(a)
an applicant makes a request under section 232(1); and
(b)
either—
(i)
the consent authority grants the request under section 233(5) to (7); or
(ii)
the consent authority declines the request under section 233(5) to (7), but upholds the applicant’s objection under section 770.
(6)
The period that must be excluded from the total processing time under section 253 is the period—
(a)
starting with the date on which the consent authority receives the request; and
(b)
ending with the earlier of the following:
(i)
the date on which the period of 15 working days referred to in section 236(2)(a) ends; and
(ii)
the date on which the applicant advises the consent authority that the applicant does not intend to lodge a notice of motion with the Environment Court under section 236(2).
Compare: 1991 No 69 s 88D
257 Excluded time periods relating to other matters
Deferral pending application for additional consents
(1)
Subsection (2) applies when a consent authority determines, under section 241(1), not to proceed with the notification or hearing of an application for a resource consent.
(2)
The period that must be excluded from the total processing time under section 253 is the period—
(a)
starting with the date of the notification of the determination to the applicant under section 241(2); and
(b)
ending with—
(i)
the date of the receipt of applications for the resource consents that the authority considers, under section 241(1)(b), should be applied for; or
(ii)
the date of an Environment Court order revoking the authority’s determination.
Approval sought from affected persons or groups
(3)
Subsection (4) applies when an applicant tries, for the purposes of any of sections 267(4) to 202, to obtain approval for an activity from any person or group that may otherwise be considered an affected person, affected protected customary rights group, or affected customary marine title group in relation to the activity.
(4)
The period that must be excluded from the total processing time under section 253 is the time taken by the applicant in trying to obtain the approvals, whether or not they are obtained.
Referral to mediation
(5)
Subsection (6) applies when a consent authority refers persons to mediation under section 277.
(6)
The period that must be excluded from the total processing time under section 253 is the period—
(a)
starting with the date of the referral; and
(b)
ending with the earlier of the following:
(i)
the date on which one of the persons referred to mediation gives the other persons referred and the mediator a written notice withdrawing the person’s consent to the mediation; and
(ii)
the date on which the mediator reports the outcome of the mediation to the authority.
Suspension of processing of notified application
(7)
Subsection (8) applies when the processing of an application is suspended under section 242.
(8)
The period that must be excluded from the total processing time under section 253 is the period—
(a)
starting with the date on which the suspension started; and
(b)
ending with the date on which the suspension ceased.
Compare: 1991 No 69 s 88E
258 Excluded time periods relating to pre-request aquaculture agreements
(1)
Subsection (2) applies when—
(a)
an application has been made for a coastal permit to undertake aquaculture activities in the coastal marine area; and
(b)
the applicant requests the consent authority to defer determining the application so that the applicant can negotiate a pre-request aquaculture agreement under section 186ZM of the Fisheries Act 1996; and
(c)
it is the first request made by the applicant for that purpose.
(2)
The period that must be excluded from the total processing time under section 253 is the period—
(a)
starting with the date on which the request is made; and
(b)
ending with the earlier of the following:
(i)
the 80th working day after the date on which the request is made:
(ii)
the date on which the applicant notifies the consent authority that the applicant wishes the consent authority to continue determining the application that the request related to.
Compare: 1991 No 69 s 88F
259 Exclusion of period when processing of non-notified application suspended
(1)
Subsection (2) applies when a non-notified application is suspended under section 245.
(2)
The period that must be excluded from the total processing time under section 253 is the period—
(a)
starting from the date on which the suspension started; and
(b)
ending on the date on which the suspension ceased.
Compare: 1991 No 69 s 88G
260 Excluded time periods relating to non-payment of administrative charges
(1)
Subsection (2) applies if—
(a)
an application for a resource consent is lodged with a consent authority; and
(b)
a charge fixed under section 757 is payable when the application is lodged or when the application is notified by the consent authority in accordance with section 266; and
(c)
the applicant does not pay the charge when it is payable.
(2)
The consent authority must exclude from the total processing time under section 253, the period—
(a)
starting from the date on which payment is due; and
(b)
ending on the date on which payment is made.
Compare: 1991 No 69 s 88H
261 Excluded time periods under Urban Development Act 2020
The period described in section 103(4) of the Urban Development Act 2020 is excluded from any time limits under this Act relating to a resource consent application received by a local authority.
Compare: 1991 No 69 s 88I
262 Applications to territorial authorities for resource consents where land is in coastal marine area
(1)
If an application for a subdivision consent is made to a territorial authority and any part, or all, of the land proposed to be subdivided is in the coastal marine area, the territorial authority must decide the application as if the whole of that land were part of the district, and the provisions of this Act apply accordingly.
(2)
Subsection (3) applies if—
(a)
an application is made to a territorial authority for a resource consent for an activity that an applicant intends to undertake within the district of that authority once the proposed location of the activity has been reclaimed; and
(b)
on the date the application is made, the proposed location of the activity is still within the coastal marine area.
(3)
If this subsection applies, the territorial authority may hear and decide the application as if the application related to an activity within its district, and the provisions of this Act apply accordingly.
(4)
Section 321 applies to every resource consent granted in accordance with subsection (3).
Compare: 1991 No 69 s 89
263 Applications affecting navigation to be referred to Maritime New Zealand
(1)
This section applies to the following applications:
(a)
an application for a coastal permit to do any of the following in the coastal marine area:
(i)
reclaim land:
(ii)
build a structure:
(iii)
do or maintain works for the improvement, management, protection, or utilisation of a harbour:
(b)
an application for a coastal permit to remove boulders, mud, sand, shell, shingle, silt, stone, or other similar material from the coastal marine area:
(c)
an application for a land use consent to enter onto or pass across the surface of water in a navigable lake or river:
(d)
an application for a land use consent to use the bed of a navigable lake or river.
(2)
The local authority must send a copy of the application to Maritime New Zealand.
(3)
Maritime New Zealand must report to the local authority on any navigation-related matters that Maritime New Zealand considers relevant to the application, including any conditions that it considers should be included in the consent for navigation-related purposes.
(4)
If Maritime New Zealand wants to report, it must do so within 15 working days after receiving a copy of the application. If it fails to report within that time limit, the local authority may take the failure as an indication that Maritime New Zealand has nothing to report.
(5)
The local authority must—
(a)
ensure that a copy of Maritime New Zealand’s report is provided to—
(i)
the applicant; and
(ii)
every person who has made a submission on the application; and
(b)
take the report into account in its consideration of the application.
Compare: 1991 No 69 s 89A
Subpart 4—Notification of applications for resource consent
Purpose of notification
264 Meaning and purpose of notification
(1)
In this subpart, unless the context otherwise requires, notification means notification by a consent authority to the public or affected persons of an application for a resource consent for an activity.
(2)
The purpose of notification is to obtain more information (whether from affected persons or the public) to enable consent authorities to be better informed in understanding whether, and the extent to which,—
(a)
the proposed activity is consistent with relevant outcomes; and
(b)
the proposed activity complies with or contributes to complying with any relevant environmental limits; and
(c)
any adverse effects of the proposed activity on the environment or on affected persons can be avoided, minimised, or remedied.
265 Notification status of activity for which resource consent required
(1)
The notification status of an activity for which a resource consent is required—
(a)
may be stated in the national planning framework (in accordance with section 146):
(b)
may be stated in the relevant plan (in accordance with any direction of the national planning framework (see section 177)):
(c)
may be determined by the consent authority in accordance with this subpart and any direction or requirement in the national planning framework or plan.
(2)
This section is by way of explanation only.
Notification requirements
266 Consent authority must comply with notification requirements or determine notification status
(1)
If a consent authority receives an application for a resource consent for an activity for which there are provisions in the national planning framework or a plan that specifies the activity’s notification status and (if applicable) identify any affected persons, the authority must make the notification decision—
(a)
in accordance with those provisions; and
(b)
no later than 15 working days after the application is lodged unless and to the extent that this Act provides otherwise.
(2)
If a consent authority receives an application for a resource consent for an activity for which the national planning framework or a plan has not specified the activity’s notification status, the authority—
(a)
has, subject to this subpart, discretion to decide the notification status of the activity and if applicable, identify any affected persons; and
(b)
must make that decision no later than 20 working days after the day on which the application is lodged.
(3)
If a consent authority receives an application for a resource consent for an activity in relation to which there is an affected customary marine title group or an affected protected customary rights group, the authority must, unless the application is to be publicly notified, notify the application to that group regardless of any notification status of the activity in the national planning framework or the plan.
(4)
The consent authority must publicly notify an application that is made jointly with an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977.
(5)
The consent authority must not notify an application that—
(a)
is for an activity identified in the national planning framework or a plan as requiring limited notification to affected persons; and
(b)
is lodged with written approvals from all affected persons.
Compare: 1991 No 69 ss 95, 95A(3)(c)
267 Determination of whether person is affected person
(1)
When determining whether a person is an affected person for the purpose of limited notification of an application for a resource consent, a decision maker must—
(a)
consider whether the person—
(i)
has an interest in the proposed activity that is greater than that of the general public; and
(ii)
is likely to experience adverse effects that are more than minor when compared to the level of adverse effects anticipated in the national planning framework or the relevant plan; and
(b)
if the proposed activity is on, is adjacent to, or may affect a statutory area, determine in accordance with subsection (2) whether a person who is associated with the relevant statutory acknowledgement is an affected person; and
(c)
determine whether there are any—
(i)
affected protected customary rights groups; or
(ii)
affected customary marine title groups (in the case of an application for a resource consent for an accommodated activity).
(2)
When making a determination under subsection (1)(b), the decision maker—
(a)
must consider whether the adverse effects of the proposed activity on the person who is associated with the statutory area are minor or more than minor; and
(b)
for that purpose, must have regard to the statutory area and any statutory acknowledgement with which the person is associated; and
(c)
must determine that the person who is associated with the statutory acknowledgement is an affected person if satisfied that the effects of the proposed activity on that person are minor or more than minor.
(3)
For the purpose of subsection (1)(c),—
(a)
a protected customary rights group is an affected protected customary rights group, in relation to an activity in the protected customary rights area relevant to that group, if—
(i)
the activity may have adverse effects on a protected customary right carried out in accordance with the requirements of Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011; and
(ii)
the protected customary rights group has not given written approval for the activity or has withdrawn approval for the activity in a written notice received by the decision maker before it has made a decision under this section:
(b)
a customary marine title group is an affected customary marine title group, in relation to an accommodated activity in the customary marine title area relevant to that group, if—
(i)
the activity may have adverse effects on the exercise of the rights applying to a customary marine title group under subpart 3 of Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011; and
(ii)
the customary marine title group has not given written approval for the activity in a written notice received by the decision maker before it has made a decision under this section.
(4)
A person is not an affected person if—
(a)
the person has given, and not withdrawn, approval for the proposed activity in a written notice received by the decision maker before they make a determination under this section; or
(b)
the decision maker is satisfied it is unreasonable in the circumstances for the applicant to seek the person’s written approval.
(5)
In this section, decision maker means a regional planning committee, the Minister, or a consent authority, as the case may be.
Compare: 1991 No 69 ss 95B(3), 95E(2)(c), (3), 95F, 95G
268 Public notification not required for anticipated activity
(1)
It is a presumption that an anticipated activity must be processed without public notification.
(2)
The presumption does not apply to an activity if a plan or the national planning framework states otherwise.
269 Public notification for discretionary activity
(1)
It is a presumption that a discretionary activity must be processed with public notification.
(2)
The presumption does not apply to an activity if a plan or the national planning framework states otherwise.
270 Notification of resource consent application by consent authority
(1)
A consent authority must not require notification of an application for a resource consent for an activity if—
(a)
either—
(i)
the notification presumption for anticipated activities (see section 268) applies to the activity; or
(ii)
the plan or the national planning framework requires no notification in relation to the activity; and
(b)
there are no affected persons identified under section 267.
(2)
A consent authority must require limited notification of an application for a resource consent for an activity if—
(a)
either—
(i)
the notification presumption for anticipated activities (see section 268) applies to the activity; or
(ii)
the plan or the national planning framework requires limited notification in relation to the activity; and
(b)
there are affected persons identified under section 267.
(3)
A consent authority must require public notification of an application for a resource consent for an activity if—
(a)
the notification presumption for discretionary activities (see section 269) applies to the activity; or
(b)
the plan or the national planning framework requires public notification in relation to the activity; or
(c)
it relates to a joint application to exchange land under the Reserves Act 1977; or
(d)
the applicant requests it.
(4)
In making a decision under this section, a consent authority must—
(a)
consider the purpose of notification (see section 264); and
(b)
comply with any requirements in the national planning framework or the plan that relate to the notification of the activity.
(5)
However, this section is subject to section 266(3).
271 Provision of relevant information to post-settlement governance entity
(1)
This section applies if—
(a)
a consent authority is or was required by legislation to provide to a post-settlement governance entity relevant information relating to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area of a post-settlement governance entity; and
(b)
the requirement to provide the relevant information no longer applies (for example, through the expiry of any period specified in the legislation).
(2)
The consent authority must provide the post-settlement governance entity with relevant information relating to an application for a resource consent. The information must be provided regardless of whether the application is made under this Act or the Resource Management Act 1991.
(3)
In this section, relevant information means the following information relating to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area of the post-settlement governance entity:
(a)
if the application is received by the consent authority, a summary of the application; or
(b)
if a notice of the application is served on the consent authority (under clause 60 of Schedule 10 of this Act or section 145(10) of the Resource Management Act 1991), a copy of the notice.
(4)
The summary must be the same as would be given to an affected person by limited notification (under section 206 of this Act or section 95B of the Resource Management Act 1991) or as may be agreed between the post-settlement governance entity and the consent authority.
(5)
A consent authority must provide the post-settlement governance entity—
(a)
with the summary—
(i)
as soon as is reasonably practicable after the consent authority receives the application for the resource consent; but
(ii)
not later than the date of notification of the activity (in accordance with section 270 of this Act or section 95 of the Resource Management Act 1991) or the date by which it must be notified had notification been required; and
(b)
with the copy of the notice not later than 10 working days after the day on which the consent authority receives the notice.
(6)
The post-settlement governance entity may, by written notice to a consent authority,—
(a)
waive the right to be provided with the summary or copy of the notice; and
(b)
state the scope of that waiver and the period it applies for.
(7)
This section does not affect the obligation of a consent authority to decide,—
(a)
under section 266(1)(b) of this Act or section 95 of the Resource Management Act 1991, whether to notify an application:
(b)
under section 267 of this Act or section 95E of the Resource Management Act 1991, whether the post-settlement governance entity are affected persons in relation to an activity.
(8)
In this section, legislation has the meaning given in section 5 of the Legislation Act 2019 and includes any enactment.
Submissions on applications
272 Who may make submissions
(1)
If an application for a resource consent undergoes public notification,—
(a)
any person may make a submission about it to the consent authority; but
(b)
the person’s right to make the submission is limited by section 215 if the person is a person A as defined in section 214 and the applicant is a person B as defined in section 214.
(2)
If an application for a resource consent undergoes limited notification,—
(a)
any person served with notice of the application may make a submission about it to the consent authority; but
(b)
the person’s right to make a submission is limited by section 215 if the person is a person A as defined in section 214 and the applicant is a person B as defined in section 214.
Compare: 1991 No 69 s 96(1)–(4)
273 Form and service of submissions
(1)
A submission must be in the prescribed form.
(2)
A submission may state whether—
(a)
it supports the application; or
(b)
it opposes the application; or
(c)
it is neutral.
(3)
A submission must be served—
(a)
on the consent authority within the time allowed by section 274; and
(b)
on the applicant as soon as is reasonably practicable after service on the consent authority.
Compare: 1991 No 69 s 96(5)–(7)
274 Time limit for submissions
(1)
This section specifies the closing date for serving submissions on a consent authority that has notified an application.
(2)
If public notification was given, the closing date is the 20th working day after the date of public notification.
(3)
If limited notification was given, the closing date is the 20th working day after the date of limited notification.
(4)
However, if limited notification was given, the consent authority may adopt as an earlier closing date the day on which the consent authority has received from all affected persons a submission, written approval for the application, or written notice that the person will not make a submission.
Compare: 1991 No 69 s 97
275 Applicant to be advised of submissions
As soon as reasonably practicable after the closing date for submissions, the consent authority must provide the applicant with a list of all submissions received by it.
Compare: 1991 No 69 s 98
276 Preliminary meetings
(1)
This section applies to an application for resource consent for which there has been public or limited notification, regardless of whether a hearing is held on the application.
(2)
A consent authority may invite or require an applicant for a resource consent and some or all submitters to attend a meeting with the following:
(a)
each other or one another; and
(b)
the authority; and
(c)
anyone else whose presence at the meeting the authority considers appropriate.
(3)
The consent authority may invite or require persons to attend a meeting—
(a)
either—
(i)
at the request of 1 or more of the persons; or
(ii)
on its own initiative; and
(b)
only for the purpose of—
(i)
clarifying a matter or issue; or
(ii)
facilitating resolution of a matter or issue.
(4)
The consent authority may require persons to attend a meeting only with the consent of the applicant.
(5)
A person who is a member, delegate, or officer of the consent authority, and who has the power to make the decision on the application that is the subject of the meeting, may attend and participate if—
(a)
the authority is satisfied that its member, delegate, or officer should be able to attend and participate; and
(b)
all the persons at the meeting agree.
(6)
The chairperson of the meeting must prepare a report that—
(a)
does not include anything communicated or made available at the meeting on a without prejudice basis; and
(b)
for the parties who attended the meeting,—
(i)
sets out the issues that were agreed; and
(ii)
sets out the issues that are outstanding; and
(c)
for all the parties,—
(i)
may set out the nature of the evidence that the parties are to call at the hearing; and
(ii)
may set out the order in which the parties are to call the evidence at the hearing; and
(iii)
may set out a proposed timetable for the hearing.
(7)
The consent authority must have regard to the report in making its decision on the application.
(8)
If a person required to attend a meeting fails to do so, and does not give a reasonable excuse, the consent authority may decline—
(a)
to process the person’s application; or
(b)
to consider the person’s submission.
(9)
If the consent authority declines, under subsection (8)(a), to process the person’s application,—
(a)
the person may not appeal under section 313 against the decision; and
(b)
the person may object under section 765 against the decision.
(10)
If the consent authority declines, under subsection (8)(b), to consider the person’s submission, the person—
(a)
may not appeal under section 313 against—
(i)
the decision to decline to consider the submission; or
(ii)
the decision on the application; and
(b)
may not become under section 765 a party to proceedings under clauses 54 and 55 of Schedule 13; and
(c)
may object under section 765 against the decision to decline to consider the submission.
Compare: 1991 No 69 s 99
Subpart 5—Hearings and decisions
Hearings
277 Mediation
(1)
This section applies to an application for a resource consent for which there has been public or limited notification regardless of whether a hearing is held on the application.
(2)
A consent authority may refer to mediation a person who has made the application and some or all submitters.
(3)
The consent authority may exercise the power in subsection (2)—
(a)
either—
(i)
at the request of one of the persons; or
(ii)
on its own initiative; and
(b)
only with the consent of all the persons being referred; and
(c)
only for the purpose of mediating between the persons on a matter or issue.
(4)
Mediation under this section must be conducted by—
(a)
a person to whom the consent authority delegates, under section 62, the power to mediate; or
(b)
a person whom the consent authority appoints to mediate, if the authority is the person who has made an application for a resource consent.
(5)
The person who conducts the mediation must report the outcome of the mediation to the consent authority, the applicant, and all submitters.
Compare: 1991 No 69 s 99A
278 Hearing of applications
(1)
A consent authority may decide not to hold a hearing on an application for a resource consent—
(a)
if it considers that it has sufficient information to make a decision on the application without a hearing; and
(b)
regardless of whether the applicant or a submitter wishes to be heard.
(2)
If a consent authority holds a hearing, it—
(a)
may invite the applicant, any person commissioned to write a report, any submitters, or any relevant persons (including technical experts) to be heard; and
(b)
must invite the applicant to be heard if the authority is hearing from submitters or any other persons wishing to be heard.
(3)
A consent authority—
(a)
may hold a hearing if it considers that it may be more effective and efficient for the issues and information to be tested at a hearing in order to assess whether they are consistent with the relevant outcomes to which the proposed activity relates; but
(b)
must hold a hearing if required by an agreement with iwi authorities and groups that represent hapū and Māori groups with interests such as under a Mana Whakahono ā Rohe or settlement legislation.
(4)
A consent authority must notify the applicant and every submitter in writing of its decision to hold or not to hold a hearing, and include reasons.
(5)
See section 284, which requires the consent authority to provide certain information regardless of whether a hearing is held on an application that is notified.
Compare: 1991 No 69 s 100
279 Hearing date and notice
(1)
If a hearing of an application for a resource consent is to be held, the consent authority must fix a commencement date and time, and the place, of the hearing.
(2)
A consent authority must, within the time limit prescribed in regulations made under section 801 (if any) or otherwise as soon as is reasonably practicable, inform an applicant and any other relevant persons (including submitters) whether the authority intends to hold a hearing.
(3)
The consent authority must give at least 10 working days’ notice of the commencement date and time, and the place, of a hearing of an application for a resource consent to—
(a)
the applicant; and
(b)
every submitter who stated their wish to be heard and who has not subsequently advised they do not wish to be heard.
(4)
If a joint hearing is to be held, the consent authorities concerned must ensure that every applicant and every submitter is aware of the joint hearing.
Compare: 1991 No 69 s 101
280 Decision by commissioner may be requested
(1)
This section applies to an application for a resource consent that is notified, regardless of whether a decision whether to hold a hearing on the application is made under section 278.
(2)
The applicant or a submitter may request that a local authority delegate its functions, powers, and duties required to hear and decide or to decide the application to a commissioner.
(3)
The request must be made in writing no later than 5 working days after the closing date for submissions on the application.
(4)
The local authority to whom the request is made must delegate, under section 62, its functions, powers, and duties required to hear and decide or to decide the application to 1 or more commissioners who are not members of the local authority.
Compare: 1991 No 69 s 100A
281 Joint hearings by 2 or more consent authorities of applications that relate to same proposal
(1)
If applications for resource consents in relation to the same proposal have been made to 2 or more consent authorities, and those consent authorities have decided to hear the applications, the consent authorities must jointly hear and consider those applications unless—
(a)
all the consent authorities agree that the applications are sufficiently unrelated that a joint hearing is unnecessary; and
(b)
the applicant agrees that a joint hearing need not be held.
(2)
When a joint hearing is to be held, the regional council for the area concerned is responsible for notifying the hearing, setting the procedure, and providing administrative services, unless the consent authorities involved in the hearing agree that another authority should be so responsible.
(3)
If 2 or more consent authorities jointly hear applications for resource consents, they must jointly decide those applications unless any of the consent authorities consider on reasonable grounds that it is not appropriate to do so.
(4)
If 2 or more consent authorities jointly decide applications for a resource consent in accordance with subsection (3),—
(a)
they must identify in their decision on those applications—
(i)
their respective responsibilities for the administration of any consents granted, including monitoring and enforcement; and
(ii)
the manner in which administrative charges will be allocated between the consent authorities; and
(b)
any consent must be issued by the relevant consent authority accordingly.
(5)
In any appeal under section 313 against a joint decision under subsection (4), the respondent is the consent authority whose consent is the subject of the appeal.
(6)
This section also applies to any other matter the consent authorities are empowered to decide or recommend on under this Act in relation to the same proposal.
(7)
If a consent authority delegates its functions, powers, and duties in relation to a matter to 1 or more hearings commissioners in accordance with section 280, and a joint hearing under this section includes the matter, then those commissioners must represent the consent authority in the joint hearing in relation to the matter.
Compare: 1991 No 69 s 102
282 Combined hearings of applications that relate to same proposal
(1)
If 2 or more applications for resource consents in relation to the same proposal have been made to a consent authority, and that consent authority has decided to hear the applications, the consent authority must hear and decide those applications together unless—
(a)
the consent authority is of the opinion that the applications are sufficiently unrelated that it is unnecessary to hold a combined hearing; and
(b)
the applicant agrees that a combined hearing need not be held.
(2)
This section also applies to any other matter the consent authority is empowered to decide or recommend on under this Act in relation to the same proposal.
(3)
If a consent authority delegates its functions, powers, and duties in relation to a matter to 1 or more hearings commissioners in accordance with section 280, and the matter is to be heard and decided together with other matters under this section, then all of the matters must be heard and decided by those commissioners.
Compare: 1991 No 69 s 103
283 Time limit for completion of hearing of notified application
The hearing of an application for a resource consent that was notified must be completed within the time prescribed by regulations made under section 801 (if any).
Compare: 1991 No 69 s 103A
284 Requirement to provide report and other evidence
(1)
This section applies to an application for a resource consent if the application is notified, regardless of whether a hearing is held on the application.
(2)
The consent authority must provide the following documentation to the applicant, and to every submitter, within the specified time limit (if any) or as soon as practicable after the closing date:
(a)
a copy of any written report prepared under clause 92 of Schedule 6; and
(b)
briefs of any other evidence to be called by the authority.
(3)
The applicant must provide briefs of evidence (the applicant’s evidence) to the consent authority within the specified time limit (if any) or as soon as practicable after the closing date.
(4)
A submitter who is intending to call expert evidence must provide briefs of the evidence (the submitter’s evidence) to the consent authority and the applicant within the specified time limit (if any) or as soon as practicable after the closing date.
(5)
The consent authority must make the following available at its office to the persons specified:
(a)
the authority’s documentation, to any person who made a submission and did not state a wish to be heard:
(b)
the applicant’s evidence, to any person who made a submission:
(c)
any submitter’s evidence, to any other person who made a submission.
(6)
The consent authority must give written or electronic notice that evidence is available at its office to each person to whom the evidence is required to be made available.
(7)
In this section,—
closing date means the closing date for submissions on the application
specified time limit means the time limit specified in regulations made under section 801 or, if regulations do not specify a time limit, means the applicable time limit specified in clauses 87 and 92(4) and (5) of Schedule 6.
Compare: 1991 No 69 s 103B
285 Technical review of draft conditions of consent
(1)
An applicant for a resource consent may request the consent authority to provide them with any draft conditions of the consent (the draft conditions) so that they can carry out, or arrange for another person to carry out, at the applicant’s expense, a technical review of the draft conditions.
(2)
A request—
(a)
must be made before the consent authority issues its decision on the application for consent; and
(b)
may be made only once by an applicant.
(3)
If the applicant requests the draft conditions under this section and the consent application has been notified, the consent authority may provide the draft conditions to submitters if the applicant agrees.
(4)
The applicant and the consent authority must agree to the time period within which feedback on the draft conditions from the applicant and any submitters must be made to the consent authority.
(5)
A consent authority—
(a)
is not obliged to adopt any feedback it has received under this section from the applicant or submitters; and
(b)
may adopt any feedback in accordance with sections 286 to 300 and 580.
(6)
The consent authority may, for the purposes of this section, suspend the processing of the consent for a period prescribed by regulations made under section 801 (if any) or otherwise agreed with the applicant.
(7)
In this section, a technical review means a review that is focused on technical matters or minor matters.
Decisions
286 Consideration of resource consent application
(1)
This section applies to a consent authority when considering an application for a resource consent.
Matters that consent authority must have regard to
(2)
The consent authority must, subject to subsection (12), have regard to—
(a)
any actual and potential effects on the environment of allowing the activity (see subsection (3)); and
(b)
any measure proposed or agreed to by the applicant—
(i)
to avoid, remedy, minimise, offset, or provide environmental compensation for any adverse effects on the environment resulting or likely to result from the activity; or
(ii)
to provide for positive effects; and
(c)
whether, and the extent to which, the activity contributes to the achievement of any relevant outcomes, targets, and policies in—
(i)
a plan:
(ii)
a regional spatial strategy:
(iii)
the national planning framework; and
(d)
the nature and extent of any inconsistency with—
(i)
any policies and rules in a plan; or
(ii)
the national planning framework; and
(e)
the preferred state of the future environment as specified in a plan, a regional spatial strategy, or the national planning framework; and
(f)
any other matter that the consent authority considers relevant and reasonably necessary to determine the application.
(3)
For the purposes of subsection (2)(a), if the activity and any adverse effect of the activity is permitted by the national planning framework or a plan, the consent authority must have regard to that adverse effect but only to the extent that doing so would be consistent with relevant outcomes.
(4)
The consent authority must, if the application is notified, have regard to any submissions other than those that have been withdrawn.
Specific considerations
(5)
The consent authority may consider any prior non-compliance by any of the following persons if the non-compliance has led to enforcement action being taken under this Act or the Resource Management Act 1991:
(a)
the applicant:
(b)
a person who will be responsible for complying with any conditions of the consent.
(6)
If the application is affected by section 328 or 487, the consent authority must have regard to the value of the existing consent holder’s investment excluding the land value.
(7)
Subsection (6) does not apply to an application that is affected by section 328 and—
(a)
that is subject to the comparative consenting process; or
(b)
for which a market-based allocation method is used to determine the allocation of the right to apply.
(8)
If the proposed activity is in an area within the scope of a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011, the consent authority—
(a)
must have regard to any matters relevant to this Act that are set out in the planning document; and
(b)
must, if it is a regional council, continue to have regard to those matters until it receives notification from the regional planning committee that it has completed its obligations in relation to its regional planning documents under section 93(5) of the Marine and Coastal Area (Takutai Moana) Act 2011.
(9)
See also section 103(3) of the Urban Development Act 2020 (which relates to resource consents in project areas in transitional periods for specified development projects (as those terms are defined in section 9 of that Act)).
Matters that must be disregarded
(10)
The consent authority must not have regard to—
(a)
trade competition or the effects of trade competition; or
(b)
any effect on a person who has given written approval to the application; or
(c)
any effect of an activity on scenic views from private properties; or
(d)
the visibility of commercial signage or advertising being obscured as an effect of an activity; or
(e)
any adverse effect, real or perceived, arising from the use of the land for housing, if that effect is attributed to—
(i)
the social or economic characteristics of residents; or
(ii)
types of residential use, such as rental housing or housing for people with disability needs or who are beneficiaries; or
(iii)
residents requiring support or supervision in their housing because of their legal status or disabilities.
(11)
Subsection (10)(b) does not apply if the person withdraws their approval by written notice received by the consent authority before the hearing or, if there is no hearing, before the application is determined.
Recourse to national planning framework and purpose of Act
(12)
For the purpose of considering any matter in the application, the consent authority—
(a)
may, unless a framework rule directly affects the matter, have regard to the national planning framework only if, and to the extent that, it is necessary—
(i)
to resolve any conflict between plan outcomes; or
(ii)
to resolve any ambiguity in the plan; or
(iii)
to address a matter that is not addressed in the plan; and
(b)
may have regard to the purpose of this Act only if, and to the extent that, it is necessary—
(i)
to resolve ambiguity in the national planning framework; or
(ii)
to resolve conflict between framework outcomes; or
(iii)
to address a matter that is not addressed in the national planning framework.
Matters for which consent must not be granted
(13)
The consent authority must not grant a resource consent if—
(a)
it is contrary to an environmental limit unless an exemption from the limit is directed under section 115 and applies to the activity:
(b)
it is contrary to a target:
(c)
it is contrary to—
(i)
a wāhi tapu condition included in a customary marine title order or agreement:
(ii)
section 55(2) of the Marine and Coastal Area (Takutai Moana) Act 2011:
(iii)
a water conservation order:
(iv)
a heritage protection order:
(v)
a restriction on the discharge permit:
(vi)
a restriction on a coastal permit:
(vii)
a wastewater environmental performance standard made under section 138 of the Water Services Act 2021; or
(d)
it should have been notified and was not; or
(e)
the activity would have more than a minimal effect on a place of national importance, unless section 420(1)(a), (b), or (c) applies.
Determination
(14)
The consent authority may grant a resource consent on the basis that the activity is an anticipated activity or a discretionary activity regardless of what type of activity the application was expressed to be for.
(15)
The consent authority may decline an application for a resource consent on the ground that it has inadequate information to determine the application.
(16)
In making an assessment on the adequacy of the information, the consent authority must have regard to whether any request made of the applicant for further information or reports resulted in further information or any report being available.
Compare: 1991 No 69 s 104
287 Determination of applications for discretionary activity
After considering an application for a resource consent for a discretionary activity, a consent authority—
(a)
may grant or refuse the application; and
(b)
if it grants the application, may impose conditions under section 294.
Compare: 1991 No 69 s 104B
288 Determination of applications for anticipated activities
(1)
When considering an application for a resource consent for an anticipated activity, a consent authority must consider only those matters over which a plan or the national planning framework has reserved control.
(2)
The consent authority may grant or refuse the application.
(3)
The consent authority may impose conditions on the resource consent but only for those matters over which a plan or the national planning framework has retained control.
Compare: 1991 No 69 s 104C
289 Consideration of activities affecting drinking water supply source water
When considering an application for a resource consent, the consent authority must have regard to—
(a)
the actual or potential effect of the proposed activity on the source of a drinking water supply that is registered under section 55 of the Water Services Act 2021; and
(b)
any risks that the proposed activity may pose to the source of a drinking water supply that are identified in a source water risk management plan prepared in accordance with the requirements of the Water Services Act 2021.
Compare: 1991 No 69 s 104G
290 Matters relevant to certain applications
(1)
If an application is for a discharge permit or coastal permit to do something that would contravene section 26 or 27, the consent authority must, in addition to the matters in section 286(2), have regard to—
(a)
the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and
(b)
the applicant’s reasons for the proposed choice (see Schedule 9); and
(c)
any possible alternative methods of discharge, including discharge into any other receiving environment; and
(d)
the best practicable option for the discharge; and
(e)
the comparative assessment undertaken to determine the best practicable option for the discharge.
(2)
If an application is for a resource consent for a reclamation, the consent authority must, in addition to the matters in section 286(2), consider whether an esplanade reserve or esplanade strip is appropriate and, if so, impose a condition under section 295(1)(h) on the resource consent.
Compare: 1991 No 69 s 105
291 Consent authority may refuse subdivision consent in certain circumstances
(1)
A consent authority may refuse to grant a subdivision consent, or may grant a subdivision consent subject to conditions, if it considers—
(a)
it is necessary to avoid, mitigate, or reduce risks arising from natural hazards:
(b)
sufficient provision has not been made for legal and physical access to each allotment to be created by the subdivision.
(2)
For the purpose of subsection (1)(a),—
(a)
the risks from natural hazards include current and future risks:
(b)
an assessment of the risks from natural hazards requires a combined assessment of—
(i)
the likelihood of natural hazards occurring (whether individually or in combination); and
(ii)
the material damage to land in respect of which the consent is sought, other land, or structures that would result from natural hazards; and
(iii)
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 subparagraph (ii).
(3)
Conditions under subsection (1) must be—
(a)
for the purposes of avoiding, mitigating, or reducing the risks referred to in subsection (1); and
(b)
of a type that could be imposed under section 294.
Compare: 1991 No 69 s 106
292 Granting of certain discharge or coastal permits restricted
(1)
This section applies to an application for a discharge permit or coastal permit for an activity that would contravene section 26 or 27 by allowing—
(a)
a contaminant or water to be discharged into water; or
(b)
a contaminant to be discharged onto or into land in circumstances which may result in that contaminant (or any other contaminant released as a result of natural processes from that contaminant) entering water; or
(c)
a contaminant to be discharged into or onto the coastal marine area from a ship, aircraft, or offshore installation.
(2)
A consent authority must not grant the permit if,—
(a)
before reasonable mixing, the contaminant or water discharged (either by itself or in combination with the same, similar, or other contaminants or water) is likely to give rise to all or any of the following effects in the receiving waters:
(i)
any significant adverse effects on aquatic life:
(ii)
significant irreversible adverse effects on the water body; or
(b)
after reasonable mixing, the contaminant or water discharged (either by itself or in combination with the same, similar, or other contaminants or water) is likely to give rise to all or any of the following effects in the receiving waters:
(i)
the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials:
(ii)
any conspicuous change in the colour or visual clarity:
(iii)
any emission of objectionable odour:
(iv)
the rendering of freshwater unsuitable for consumption by farm animals:
(v)
any significant adverse effects on aquatic life.
(3)
A consent authority may grant the permit despite subsection (2), but only if it is satisfied that one of the following applies:
(a)
exceptional circumstances justify the granting of the permit:
(b)
the discharge is of a temporary nature:
(c)
the discharge is associated with necessary maintenance.
(4)
In addition to any other conditions imposed by or under this Act, a condition of the permit may require the permit holder to undertake work in stages throughout the term of the permit to ensure that any plan rules or framework rules are met.
Compare: 1991 No 69 s 107
293 Applications to undertake aquaculture activities
(1)
This section applies to an application for a coastal permit authorising aquaculture activities to be undertaken in the coastal marine area.
(2)
However, this section does not apply to—
(a)
an application for a coastal permit by a person who already holds a coastal permit to occupy the same space in a common marine and coastal area for aquaculture activities, unless a previous aquaculture decision in relation to that area included a condition under section 186H(3) of the Fisheries Act 1996:
(b)
an application for a coastal permit in a part of an aquaculture area in respect of which a determination has been made under section 186JB of the Fisheries Act 1996 by the chief executive of the Ministry responsible for the administration of that Act (the chief executive).
(3)
The consent authority must,—
(a)
unless the application is returned under section 240(2), forward a copy of the application to the chief executive as soon as is reasonably practicable; and
(b)
forward any information or report obtained in relation to the application under section 249, clause 89 or 92 of Schedule 6, or clause 65 of Schedule 10 to the chief executive as soon as is reasonably practicable; and
(c)
if the application is notified, provide the chief executive with a copy of the submissions as soon as is reasonably practicable after the closing date for submissions.
Compare: 1991 No 69 s 107F
Conditions of resource consents
294 General requirements before conditions may be included
(1)
When granting a resource consent, the consent authority may include any condition it considers appropriate after being satisfied that—
(a)
subsection (2) is complied with; and
(b)
any requirements in section 295 for particular consents or conditions are complied with.
(2)
A consent authority must not include a condition unless—
(a)
the applicant has agreed to the condition and the condition contains measures in order to—
(i)
give rise to positive effects; or
(ii)
avoid, minimise, remedy, offset, or provide environmental compensation for, any adverse effects; or
(b)
the condition is directly connected to—
(i)
any positive or adverse effects of the activity; or
(ii)
an applicable provision in a plan or the national planning framework; or
(c)
the condition relates to administrative matters that are essential for the efficient implementation of the resource consent.
(3)
This section does not limit section 186 (purpose and effect of rules), section 291 (consent authority may refuse subdivision consent in certain circumstances), or subpart 4 of Part 10 (subdivision consent conditions and related provisions).
(4)
For the purpose of subsection (2)(b), a provision is applicable if the application of the provision to the activity is the reason, or one of the reasons, that a resource consent is required for the activity.
295 Particular conditions that may be included in resource consent
(1)
Without limiting the generality of section 294, a resource consent may include 1 or more of the following conditions:
(a)
a condition specifying the duration of the consent:
(b)
a condition requiring an environmental contribution to be made:
(c)
a condition requiring a bond to be given (and describing the terms of that bond) in accordance with section 234:
(d)
a condition requiring services or works to be provided, including (but without limitation) the protection, planting, or replanting of any tree or other vegetation or the protection, restoration, or enhancement of any natural or physical resource:
(e)
in the case of a resource consent that is not a subdivision consent, a condition requiring that a covenant be entered into, in favour of the consent authority, in respect of the performance of any condition of the resource consent (being a condition which relates to the use of land to which the consent relates):
(f)
in the case of a discharge permit or a coastal permit to do something that would otherwise contravene section 26 (relating to the discharge of contaminants) or section 28, a condition requiring the holder to adopt the best practicable option to prevent or minimise any actual or likely adverse effect on the environment of the discharge and other discharges (if any) made by the person from the same site or source:
(g)
in the case of a subdivision consent, a condition described in subpart 4 of Part 10:
(h)
in the case of a resource consent for reclamation, a condition requiring an esplanade reserve or esplanade strip of any specified width to be set aside or created under Part 10:
(i)
in the case of a coastal permit to occupy any part of the common marine and coastal area, a condition—
(i)
detailing the extent of the exclusion of other persons:
(ii)
specifying any coastal occupation charge:
(j)
a condition requiring the holder of a resource consent to supply to the consent authority information relating to the exercise of the resource consent:
(k)
a condition directly connected to a wastewater environmental performance standard made under section 138 of the Water Services Act 2021.
(2)
Without limiting subsection (1)(j), a condition made under that subsection may require the holder of the resource consent to do 1 or more of the following:
(a)
to make and record measurements:
(b)
to take and supply samples:
(c)
to carry out analyses, surveys, investigations, inspections, or other specified tests:
(d)
to carry out measurements, samples, analyses, surveys, investigations, inspections, or other specified tests in a specified manner:
(e)
to provide information to the consent authority at a specified time or times:
(f)
to provide information to the consent authority in a specified manner and, if applicable, in a manner consistent with any regulations, including the national planning framework, made under a relevant empowering provision in this Act:
(g)
to comply with the condition at the holder of the resource consent’s expense.
(3)
A consent authority must not include a condition requiring an environmental contribution unless—
(a)
the condition is imposed in accordance with the purposes specified in the plan or (including the purpose of ensuring positive effects on the environment to offset any adverse effect); and
(b)
the level of contribution is determined in the manner described in the plan.
(4)
A condition under subsection (1)(e) may, among other things, provide that the covenant may be varied or cancelled or renewed at any time by agreement between the consent holder and the consent authority.
(5)
Before including a condition under subsection (1)(f), the consent authority—
(a)
must have had regard to—
(i)
the nature of the discharge and the receiving environment; and
(ii)
other alternatives, including a condition requiring compliance with a prescribed limit; and
(b)
must be satisfied in the particular circumstances that including the condition is the most efficient and effective means of—
(i)
preventing or minimising any actual or likely adverse effect on the environment; and
(ii)
achieving environmental limits or targets.
Compare: 1991 No 69
296 Adaptive management approach
(1)
A consent authority may grant a resource consent that includes a condition that requires, or conditions that form, an adaptive management approach.
(2)
An adaptive management approach—
(a)
must allow an activity to commence on a small scale, or for a short period, or in stages, to allow its effects to be monitored; and
(b)
must require baseline information for—
(i)
monitoring and reporting; and
(ii)
setting triggers and limits (other than an environmental limit) for the purpose of monitoring and reporting; and
(c)
must require ongoing monitoring and reporting; and
(d)
may require certification and review of environmental management plans; and
(e)
may include provisions to allow for an activity to step back to a previous stage or cease temporarily where triggers are met, to allow for management practices or monitoring requirements to be adapted accordingly; and
(f)
may include provisions to allow for an activity to be discontinued permanently (in circumstances where the effects are found to be unanticipated at the time consent was granted).
(3)
In determining the use of an adaptive management approach, the consent authority must consider—
(a)
whether there is adequate evidence that using an adaptive management approach will—
(i)
sufficiently reduce uncertainty about the effects of the activity; and
(ii)
adequately manage any remaining risk; and
(b)
the extent of any environmental risk (including the consequences if the risk is realised); and
(c)
the importance of the activity for which the consent relates; and
(d)
the degree of uncertainty about the effects of the activity; and
(e)
whether and the extent to which the adaptive management approach will sufficiently diminish the risk and the uncertainty.
(4)
A consent authority may decide that an adaptive management approach sufficiently diminishes the risk and uncertainty if it is satisfied that—
(a)
there is sufficient monitoring of the receiving environment to set appropriate indicators and compliance limits; and
(b)
the conditions provide for effective monitoring of adverse effects using appropriate indicators; and
(c)
indicators are set to prompt remedial action before adverse effects occur or reach unacceptable levels; and
(d)
any effects that might arise can be remedied before they become irreversible.
297 Use of environmental contributions
A consent authority that has received a cash contribution under section 295(1)(b) must deal with that money in reasonable accordance with the purposes for which the money was received.
Compare: 1991 No 69 s 111
298 Refund of environmental contributions
(1)
Subsection (2) applies if a consent is granted with a condition requiring an environmental contribution in money or land or both, and the consent lapses under section 332, is cancelled under section 333, or the activity does not proceed.
(2)
The consent authority must refund the money, or return the land, to the consent holder.
(3)
However, the consent authority may retain a portion of the money or land to the value equivalent to the costs incurred in relation to the consenting of the activity.
Compare: 1991 No 69 s 110
299 Limits to setting environmental contributions
A consent authority must not impose a condition requiring payment of an environmental contribution under this Part in respect of an activity if, and to the extent that, a development contribution (within the meaning of the Local Government Act 2002) has been fixed and paid or is payable under the Local Government Act 2002 in relation to the same activity and for the same purpose.
Compare: 2002 No 84 s 200(1)(a)
300 Condition of certain consents to pay rent, royalties, etc
(1)
It is a condition of every coastal permit authorising the holder to remove any sand, shingle, shell, or other natural material from any land that the holder must, at all times throughout the period of the permit, pay to the relevant regional council, on behalf of the Crown,—
(a)
if the permit was permitted to be granted by virtue of an authorisation granted under section 506, the rent and royalties (if any) specified in the authorisation held by the permit holder; and
(b)
any sum of money required to be paid by any regulation made under section 790(1)(b).
(2)
It is a condition of every water permit granted to do something that would otherwise contravene section 25(3)(c) (relating to the taking or use of geothermal energy) that the holder must at all times throughout the period of the permit pay to the relevant regional council, on behalf of the Crown, any sum of money required to be paid by any regulation made under section 790(1)(b).
(3)
If an activity specified in subsection (1) or (2) is a permitted activity in a plan, it is a condition of the plan that the person undertaking the activity must at all times throughout the period during which the activity is undertaken pay to the relevant regional council, on behalf of the Crown, any sum of money required to be paid by any regulations made under section 790(1)(b).
Compare: 1991 No 69 s 112
Formal requirements about decisions
301 Decisions on applications to be in writing, etc
(1)
Every decision on an application for a resource consent that is notified must be in writing and state—
(a)
the reasons for the decision; and
(b)
the relevant statutory provisions that were considered by the consent authority; and
(c)
any relevant provisions of the following that were considered by the consent authority:
(i)
the national planning framework:
(ii)
a plan:
(iii)
a proposed plan; and
(d)
the principal issues that were in contention; and
(e)
a summary of the evidence heard; and
(f)
the main findings on the principal issues that were in contention; and
(g)
if a resource consent is granted for a shorter duration than specified in the application, the reasons for deciding on the shorter duration.
(2)
Without limiting subsection (1), if a resource consent is granted which, when exercised, is likely to allow any of the effects described in section 292(2), the consent authority must include in its decision the reasons for granting the consent.
(3)
A decision prepared under subsection (1) may,—
(a)
instead of repeating material, cross-refer to all or a part of—
(i)
the assessment of environmental effects provided by the applicant concerned:
(ii)
any report prepared under section 249 or clause 89 or 92 of Schedule 6; or
(b)
adopt all or a part of the assessment or report, and cross-refer to the material accordingly.
(4)
Every decision on an application for a resource consent that is not notified—
(a)
must be in writing and state the reasons for the decision:
(b)
may do anything mentioned in subsection (3).
Compare: 1991 No 69 s 113
302 Time limits for notification of decision
(1)
Notice of a decision on an application for a resource consent must be given under section 303 within the time limits in this section.
(2)
If a hearing is held, notice of the decision must be given within 15 working days after the end of the hearing.
(3)
If the application was not notified and a hearing is not held, notice of the decision must be given within 20 working days after the date the application was first lodged with the consent authority.
(4)
If the application was notified and a hearing is not held, notice of the decision must be given within 20 working days after the closing date for submissions on the application.
(5)
If a hearing is cancelled, notice of the decision must be given within 20 working days after the date the hearing is cancelled.
Compare: 1991 No 69 s 115
303 Notification of decision
(1)
A consent authority must ensure that a copy of a decision on an application for a resource consent and a statement of the time within which an appeal against the decision may be lodged is served on the applicant.
(2)
A consent authority must ensure that a notice of decision on an application for a resource consent and a statement of the time within which an appeal against the decision may be lodged is served on—
(a)
submitters; and
(b)
other persons and authorities that it considers appropriate.
(3)
If the consent authority serves a notice summarising a decision, it must—
(a)
make a copy of the decision available (whether physically or by electronic means) at all its offices and all public libraries in the district (if the consent authority is a territorial authority) or region (in all other cases); and
(b)
include with the notice a statement of the places where a copy of the decision is available; and
(c)
send or provide, on request, a copy of the decision within 3 working days after the request is received.
(4)
If the decision is to grant an application that section 293 applies to, the consent authority must—
(a)
send a copy of the decision, and any notice served under subsection (2), to the chief executive of the Ministry responsible for the administration of the Fisheries Act 1996 (the chief executive); and
(b)
advise the applicant that—
(i)
the decision is still subject to an aquaculture decision by the chief executive (which will be made following the determination of all appeals against the decision, if any); and
(ii)
the consent may commence only in accordance with section 324; and
(c)
if there is no appeal relating to the decision, or following completion of any such appeal,—
(i)
send a copy of the final decision to the chief executive; and
(ii)
request an aquaculture decision from the chief executive under the Fisheries Act 1996.
(5)
If a consent authority forwards, at the same time, 2 or more decisions to the chief executive under subsection (4)(c), the consent authority must indicate to the chief executive the order in which the applications to which the decisions relate were received.
(6)
Subsection (4) does not apply if—
(a)
the decision relates to an application for a change or cancellation of the conditions of a consent under section 334, a review of the conditions of a consent initiated under section 341, or an application referred to in section 487; and
(b)
that consent had conditions specified under section 186H(3) of the Fisheries Act 1996; and
(c)
the conditions are contained in the consent the decision relates to, and continue to be specified as not being able to be changed or cancelled until the chief executive makes a further aquaculture decision.
Compare: 1991 No 69 s 114
Resolution of certain disputes before application for resource consent determined
304 Purpose and overview of regional ADR
(1)
The purpose of the regional ADR process is to enable parties to resolve disputes—
(a)
relating to an activity for which an application for certain resource consents has been made but not determined:
(b)
efficiently and in a manner that is proportionate to the nature of the dispute.
(2)
(a)
provide for the use of regional ADR to resolve disputes when required by a plan (plan-directed ADR):
(b)
enable the use of regional ADR if all parties agree (voluntary regional ADR):
(c)
provide that the adjudicator’s decision in a regional ADR—
(i)
determines the matter in dispute and the consent application; and
(ii)
may not be appealed if it is voluntary regional ADR.
305 Use of regional ADR
(1)
A regional ADR process may be used to resolve disputes that—
(a)
relate to an activity that is anticipated, non-notified, or limited-notified; and
(b)
relate to matters that are discrete or confined to a particular location only.
(2)
Regional ADR may be used only if the consent authority has not determined the application for the resource consent to which the dispute relates.
(3)
Sections 276 to 285 do not apply if regional ADR is used to resolve a dispute.
306 Matter that must be considered before providing for regional ADR in plan
Before providing for the use of regional ADR in a plan, a regional planning committee must—
(a)
consider the criteria in section 305; and
(b)
consider the requirements of Part 5; and
(c)
consider any relevant Treaty settlement legislation and implications affecting iwi, hapū, or Māori, and not require the use of regional ADR where that would be inconsistent with that legislation or have implications affecting iwi, hapū, or Māori.
307 Where plan requires party to use regional ADR to resolve dispute
(1)
Parties must use plan-directed regional ADR to resolve a dispute if the plan requires it to be used in a dispute.
(2)
Subsection (1) does not apply if all the parties agree to use voluntary regional ADR to resolve the dispute.
308 Party who wishes to use regional ADR must give notice
A party who wishes to use a voluntary or plan-directed regional ADR process must—
(a)
give notice of the dispute (ADR notice)—
(i)
to every other party, each person who made a submission, and each limited-notified affected person; and
(ii)
no later than 5 working days after the closing date for submissions; but
(b)
if the matter relates to a non-notified application, give notice of the dispute to every other party at any time before the application is determined.
309 How voluntary regional ADR process confirmed
(1)
A voluntary regional ADR process may be used if—
(a)
each party gives a confirmation notice to the consent authority no later than 5 working days after they receive the ADR notice; and
(b)
the consent authority is satisfied that the process is appropriate after considering any relevant Treaty settlement legislation and implications affecting iwi, hapū, or Māori.
(2)
The consent authority must, no later than 5 working days after it has received a confirmation notice from each party,—
(a)
advise each party whether the voluntary regional ADR process may be used (in accordance with the criteria in section 305); and
(b)
give each party a list of accredited adjudicators.
(3)
If a party does not participate or respond within 5 working days after receipt of the ADR notice, the consent application must be processed in accordance with sections 276 to 284.
(4)
In this section, confirmation notice means a notice by a party confirming that they wish to use voluntary regional ADR to resolve the dispute that is the subject of the ADR notice.
310 How plan-directed regional ADR process confirmed
(1)
A consent authority must, no later than 5 working days after an ADR notice is received by all the parties,—
(a)
advise the parties whether plan-directed regional ADR may be used (in accordance with the criteria in section 305); and
(b)
if the plan-directed regional ADR is available, give each party a list of accredited adjudicators.
(2)
However, if the consent authority receives updated application information, the consent authority must confirm the availability of plan-directed regional ADR within 5 working days after the date on which the information is received.
311 Adjudication of dispute and effect of adjudicator’s decision
(1)
An adjudicator must be appointed from the consent authority’s list of accredited adjudicators,—
(a)
at the agreement of the parties, no later than 5 working days after receiving the list; or
(b)
by the consent authority, if the parties do not agree.
(2)
The ADR process must be held as soon as reasonably practicable and, for that purpose, the adjudicator must—
(a)
specify a time not exceeding 1 day for the ADR process to be completed; and
(b)
notify the parties.
(3)
During the ADR process, the adjudicator must try to help the parties to agree to an outcome.
(4)
This Part applies with all necessary modifications to the ADR process (as if the adjudicator were the consent authority) except to the extent this subpart provides otherwise.
(5)
An outcome agreed between the parties determines the matter in dispute and the consent application.
(6)
If the parties do not agree to an outcome, the adjudicator must—
(a)
decide the dispute no later than 5 working days after the ADR process is completed; and
(b)
give the decision in writing to the parties and the consent authority.
(7)
The adjudicator’s decision—
(a)
determines the matter in dispute and the consent application; and
(b)
is binding on the parties and the consent authority.
(8)
The adjudicator’s decision in a voluntary regional ADR may not be appealed.
(9)
The consent authority may correct minor mistakes or defects in the adjudicator’s decision no later than 20 working days after it is given.
312 Appeal against decision in plan-directed ADR
(1)
A party to an adjudicator’s decision in a plan-directed regional ADR may apply for leave to appeal against the decision to the Environment Court.
(2)
An application for leave must be made to the Environment Court no later than 10 working days after the date on which the party received the adjudicator’s decision.
(3)
The parties to an application for leave, and to an appeal, are the parties to the adjudication (including the consent authority).
(4)
The court must not give leave unless it is satisfied that the appeal raises a material question of law or fact, including (for example) an issue arising under te Tiriti o Waitangi.
(5)
If the court hears an appeal, the court must have regard to the adjudicator’s decision and the submissions of the parties before determining the matter under appeal.
(6)
The consent authority must take any action necessary to give effect to the court’s determination of the matter under appeal.
Appeals
313 Right to appeal
(1)
Any 1 or more of the following persons may appeal to the Environment Court in accordance with section 314 against the whole or any part of a decision of a consent authority on an application for a resource consent, or an application for a change of consent conditions, or on a review of consent conditions:
(a)
the applicant or consent holder:
(b)
any person who made a submission on the application or review of consent conditions.
(2)
A person exercising a right of appeal under subsection (1)(b) may appeal—
(a)
any matter that was raised in the person’s submission except any part of the submission that is struck out under clause 90 of Schedule 6; and
(b)
any matter that was not raised in the person’s submission.
(3)
This section is in addition to the rights provided for in sections 765, 766, 768, and 770 (which provide for objections to the consent authority).
Compare: 1991 No 69 s 120
314 Procedure for appeal
(1)
Notice of an appeal under section 313 must be in the prescribed form and—
(a)
state the reasons for the appeal and the relief sought; and
(b)
state any matters required by regulations made under section 801; and
(c)
be lodged with the Environment Court and served on the consent authority whose decision is appealed within 5 working days of notice of the decision being received in accordance with this Act.
(2)
The appellant must ensure that a copy of the notice of appeal is served on every person referred to in section 313 (other than the appellant) within 15 working days of the notice being lodged with the Environment Court.
Compare: 1991 No 69 s 121
Subpart 6—Nature of consents, review, and transfer
Nature of resource consent
315 Consents not real or personal property
(1)
A resource consent is neither real nor personal property.
(2)
Unless the conditions of a consent expressly state otherwise,—
(a)
on the death of the holder of a consent, the consent vests in the personal representative of the holder as if the consent were personal property, and the personal representative may deal with the consent to the same extent as the holder would have been able to do; and
(b)
on the bankruptcy of an individual who is the holder of a consent, the consent vests in the Official Assignee as if it were personal property, and the Official Assignee may deal with the consent to the same extent as the holder would have been able to do; and
(c)
a consent must be treated as property for the purposes of the Protection of Personal and Property Rights Act 1988.
(3)
The holder of a resource consent may grant a charge over that consent as if it were personal property, but the consent may only be transferred to the chargee, or by or on behalf of the chargee, to the same extent as it could be so transferred by the holder.
(4)
The Personal Property Securities Act 1999 applies in relation to a resource consent as if—
(a)
the resource consent were goods within the meaning of that Act; and
(b)
the resource consent were situated in the provincial district in which the activity permitted by the consent may be carried out (or, where it may be carried out in more than 1 provincial district, in those provincial districts).
(5)
Subsection (4) is subject to the provisions of this Act, and in particular to subsection (3).
Compare: 1991 No 69 s 122(1)–(4)
316 Resource consents for water-related activities does not convey property right in water
A resource consent for an activity relating to water does not convey any property rights in the water.
317 Coastal permits
(1)
No coastal permit may be regarded as—
(a)
an authority for the holder to occupy a coastal marine area to the exclusion of all or any class of persons; or
(b)
conferring on the holder the same rights in relation to the use and occupation of the area against those persons as if they were a tenant or licensee of the land.
(2)
No coastal permit may be regarded as an authority for the holder to remove sand, shingle, shell, or other natural material as if it were a licence or profit à prendre.
(3)
However, subsections (1) and (2) do not apply—
(a)
to the extent that the coastal permit expressly provides otherwise; and
(b)
to the extent that is reasonably necessary to achieve the purpose of the coastal permit.
Compare: 1991 No 69 s 122(5), (6)
Commencement of resource consents
318 When resource consent commences: generally
(1)
A resource consent that has been granted commences—
(a)
when the time for lodging appeals against the grant of the consent expires and no appeals have been lodged; or
(b)
when the Environment Court determines the appeals or all appellants withdraw their appeals; or
(c)
on a later date stated in the consent or any other date determined by the Environment Court.
(2)
However, this section is subject to sections 319 to 325.
Compare: 1991 No 69 s 116(1)
319 When resource consent commences: non-notified application
(1)
This section applies to a resource consent that has been granted—
(a)
for a non-notified application; or
(b)
for a notified application where the time for lodging submissions has expired and—
(i)
no submissions are received; or
(ii)
all submissions received are withdrawn before a decision is made.
(2)
The resource consent commences on the date on which the decision on the application is notified under section 303 or on any later date stated in the consent, unless an appeal has been lodged or an objection has been made under section 765.
(3)
If an appeal has been lodged, section 318(1) applies.
(4)
If an objection has been made, section 320 applies.
Compare: 1991 No 69 s 116(1A)
320 When resource consent commences: if objection made
If an objection has been made under section 765, the resource consent commences when the objection, and any appeal under section 771, has been decided or withdrawn.
Compare: 1991 No 69 s 116(1AB)
321 When resource consent commences: section 262(3) cases
A resource consent to which section 262(3) applies does not commence,—
(a)
in the case of a subdivision consent, until the date the land to which the consent relates is vested in the consent holder under section 747(2); or
(b)
in every other case, until the proposed location of the activity has been reclaimed and a certificate has been issued under section 605 in respect of the reclamation.
Compare: 1991 No 69 s 116(2)
322 When resource consent commences: consent granted by Environment Court or board of inquiry
(1)
Where the Environment Court grants a resource consent under section 236 or clause 85 of Schedule 10, the consent commences on the date of the decision or such later date as the court states in its decision.
(2)
Where a board of inquiry grants a resource consent under clause 81 of Schedule 10, the consent commences on the date of the decision or such later date as the board states in its decision.
Compare: 1991 No 69 s 116(4), (5)
323 When resource consent commences: common marine and coastal area
If a resource consent is granted for an activity in a part of the common marine and coastal area where a customary marine title order or agreement is in effect, section 68(1) of the Marine and Coastal Area (Takutai Moana) Act 2011 applies.
Compare: 1991 No 69 s 116(6)
324 When coastal permit for certain aquaculture activities may commence
(1)
A coastal permit to undertake aquaculture activities in the coastal marine area cannot commence other than in accordance with this section unless it is a coastal permit that does not require an aquaculture decision under the Fisheries Act 1996 (in which case section 318 applies).
(2)
If the chief executive of the Ministry responsible for the administration of the Fisheries Act 1996 (the chief executive) makes a determination in relation to the permit, and has notified the consent authority of that decision in accordance with section 186H of the Fisheries Act 1996, the consent authority must, as soon as is reasonably practicable,—
(a)
amend the permit, if necessary, to note any conditions specified under section 186H(3) of the Fisheries Act 1996 that may not be changed or cancelled until the chief executive makes a further aquaculture decision; and
(b)
notify the applicant that the permit commences in respect of the area that is the subject of the determination on the date of notification under this paragraph or, if the permit specifies a later commencement date, on that date.
(3)
If the chief executive makes a reservation in relation to recreational fishing or customary fishing or commercial fishing in relation to stocks or species not subject to the quota management system and has notified the consent authority of that decision in accordance with section 186H of the Fisheries Act 1996, the consent authority must, as soon as reasonably practicable,—
(a)
amend the permit to remove the areas affected by the reservation; and
(b)
provide the applicant with a copy of the amended permit; and
(c)
cancel the permit to the extent that it applies to the removed areas by written notice served on the applicant.
(4)
If the chief executive makes a reservation in relation to commercial fishing in relation to stocks or species subject to the quota management system and has notified the consent authority of that decision in accordance with section 186H of the Fisheries Act 1996, the consent authority must, as soon as is reasonably practicable,—
(a)
amend the permit to show the areas affected by the reservation; and
(b)
provide the applicant with a copy of the amended permit; and
(c)
notify the applicant that the permit will not commence in the area affected by the reservation, unless—
(i)
an aquaculture agreement is registered in accordance with section 186ZH of the Fisheries Act 1996; or
(ii)
a compensation declaration has been registered under section 186ZHA of the Fisheries Act 1996.
(5)
If subsection (4) applies and the chief executive has notified the consent authority that an aquaculture agreement or compensation declaration has been registered for those stocks under section 186ZH or 186ZHA of the Fisheries Act 1996 (as the case may require), the consent authority must, as soon as reasonably practicable,—
(a)
amend the permit so that it no longer shows the areas affected by the reservation; and
(b)
provide the applicant with a copy of the amended permit; and
(c)
notify the applicant that the permit (as amended) commences in respect of the area previously shown subject to the reservation on the date of notification under this paragraph, unless the permit states a later date.
(6)
If subsection (5) applies, then for the purposes of section 332, the entire permit, as amended, is to be treated as having commenced on the commencement date notified under subsection (5)(c), unless the permit states a later date.
(7)
If subsection (4) applies and the chief executive has notified the consent authority under section 186ZK of the Fisheries Act 1996 that no aquaculture agreement or compensation declaration has been registered, the consent authority must, as soon as is reasonably practicable,—
(a)
amend the permit to remove the areas affected by the reservation; and
(b)
provide the applicant with a copy of the amended permit; and
(c)
cancel the permit to the extent that it applies to the removed areas by written notice served on the applicant.
(8)
If the chief executive makes a reservation to which subsection (3) applies, for the entire permit area, the consent authority must cancel the permit by written notice served on the applicant.
(9)
Subsections (3) and (7) apply even if the permit was granted under section 286.
Compare: 1991 No 69 s 116A
325 When resource consent commences if subject to grant of application to exchange recreation reserve land
If a resource consent is subject to the grant of an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977,—
(a)
the consent authority must notify the applicant when the procedures in sections 15 and 15AA of that Act are complete; and
(b)
the resource consent commences on—
(i)
the date of the notification under paragraph (a); or
(ii)
any later date that is specified in the notification.
Compare: 1991 No 69 s 116B
Duration
326 Duration of consent
(1)
The duration of a resource consent must be determined in accordance with this section unless section 335 or 336 applies or the consent is a coastal permit to which section 327 applies.
(2)
The maximum period for which any of the following resource consents may be granted is unlimited:
(a)
coastal permit for a reclamation:
(b)
land use consent in respect of a reclamation that would otherwise contravene section 24:
(c)
other land use consent:
(d)
subdivision consent.
(3)
The maximum period for which any other resource consent may be granted is—
(a)
a period specified in the consent not exceeding 35 years from the date of the commencement of the consent; or
(b)
5 years from the date of the commencement of the consent if no period is specified.
(4)
The national planning framework or a plan may permit or require a specified type of resource consent to be granted for a specified period that does not exceed the maximum period for the consent.
(5)
If, in relation to an application for a resource consent that is before a consent authority, the national planning framework or the plan does not specify a period for the duration of the consent,—
(a)
the consent authority may specify the period for which the consent is granted; but
(b)
the period must not exceed the maximum period for the consent.
(6)
A consent authority may grant a resource consent for a period that is shorter than the maximum period for the purpose of meeting a system outcome.
(7)
If a resource consent does not specify the period for which the consent is granted, the consent is granted for the maximum period for that consent.
(8)
This section is subject to section 332 (which provides for when the consent lapses).
Compare: 1991 No 69 s 123
327 Duration of consent for aquaculture activities
(1)
A coastal permit authorising aquaculture activities to be undertaken in the coastal marine area must specify the period for which it is granted.
(2)
The specified period must be not less than 20 years from the date of commencement of the consent under section 324 unless—
(a)
the applicant has requested a shorter period; or
(b)
a shorter period is required to ensure that adverse effects on the environment are adequately managed; or
(c)
a framework rule expressly allows a shorter period.
(3)
The specified period must be not more than 35 years from the date of commencement of the consent under section 324.
(4)
This section applies subject to section 332.
Compare: 1991 No 69 s 123A
328 Exercise of resource consent while applying for new consent
(1)
Subsection (3) applies when—
(a)
a resource consent is due to expire; and
(b)
the consent holder applies for a new consent for the same activity; and
(c)
the application is made to the appropriate consent authority; and
(d)
the application is made at least 6 months before the expiry of the existing consent.
(2)
Subsection (3) also applies when—
(a)
a resource consent is due to expire; and
(b)
the consent holder applies for a new consent for the same activity; and
(c)
the application is made to the appropriate consent authority; and
(d)
the application is made in the period that—
(i)
begins 6 months before the expiry of the existing consent; and
(ii)
ends 3 months before the expiry of the existing consent; and
(e)
the consent authority, in its discretion, allows the holder to continue to operate.
(3)
The holder may continue to operate under the existing consent until—
(a)
a new consent is granted and all appeals are determined; or
(b)
a new consent is declined and all appeals are determined.
(4)
This section does not apply to an application to which section 487 applies.
Compare: 1991 No 69 s 124
329 When sections 330 and 331 apply and when they do not apply
(1)
Sections 330 and 331 apply to an application affected by section 328 if, when the application is made, the relevant plan has not allocated any of the natural resources used for the activity.
(2)
Sections 330 and 331 also apply to an application affected by section 328 as follows:
(a)
they apply if, when the application is made,—
(i)
the relevant plan has allocated some or all of the natural resources used for the activity to the same type of activity; and
(ii)
the relevant plan does not expressly say that sections 329 to 331 do not apply; and
(b)
they apply to the extent to which the amount of the resource sought by a person described in section 330(1)(a) and (b) is equal to or smaller than the amount of the resource that—
(i)
is allocated to the same type of activity; and
(ii)
is left after the deduction of every amount allocated to every other existing resource consent.
(3)
Sections 330 and 331 do not apply to an application affected by section 328 if, when the application is made, the relevant plan expressly says that sections 329 to 331 do not apply.
(4)
Sections 330 and 331 do not apply to an application that is affected by section 328 if—
(a)
it is subject to the comparative consenting process; or
(b)
a market-based allocation method is used to determine the allocation of a right to apply for a new resource consent for the same activity.
Compare: 1991 No 69 s 124A
330 Applications by existing holders of resource consents
(1)
This section applies when—
(a)
a person (person A) holds an existing resource consent to undertake an activity under any of sections 23 to 26 using a natural resource; and
(b)
person A makes an application that is affected by section 328 and is not disqualified by subsection (5); and
(c)
the consent authority receives 1 or more other applications for a resource consent that—
(i)
are to undertake an activity using some or all of the natural resource to which the existing consent relates; and
(ii)
could not be fully exercised until the expiry of the existing consent.
(2)
Person A’s application is entitled to priority over every other application.
(3)
The consent authority must determine person A’s application before it determines any other application.
(4)
The consent authority must determine person A’s application by applying all the relevant provisions of this Act and considering—
(a)
the efficiency of the person’s use of the resource; and
(b)
the use of industry good practice by the person; and
(c)
the person’s compliance history.
(5)
For the purpose of subsection (1)(b), person A’s application—
(a)
must not be subject to the comparative application consenting process; and
(b)
must not relate to a natural resource for which a market-based allocation method is used to determine a right to apply for a new resource consent for the same activity.
(6)
In this section,—
compliance history means any conviction entered or enforcement order imposed by the court under this Act or the Resource Management Act 1991
other application means an application described in subsection (1)(c)
person A’s application means the application described in subsection (1)(b).
Compare: 1991 No 69 s 124B
331 Applications by persons who are not existing holders of resource consents
(1)
This section applies when—
(a)
a person makes an application for a resource consent to undertake an activity under any of sections 23 to 26 using a natural resource; and
(b)
the person does not hold an existing consent for the same activity using some or all of the same natural resource; and
(c)
a consent granted as a result of the application could not be fully exercised until the expiry of the consent described in section 330(1)(a); and
(d)
the person makes the application more than 3 months before the expiry of the consent described in section 330(1)(a).
(2)
The consent authority must—
(a)
hold the application without processing it; and
(b)
notify the holder of the existing consent—
(i)
that the application has been received; and
(ii)
that the holder may make an application affected by section 328.
(3)
If the holder of the existing consent notifies the consent authority in writing that the holder does not propose to make an application affected by section 328, the consent authority must process and determine the application described in subsection (1)(a).
(4)
If the holder of the existing consent does not make an application affected by section 328 more than 3 months before the expiry of the consent, the consent authority must process and determine the application described in subsection (1)(a).
(5)
If the holder of the existing consent makes an application affected by section 328 more than 3 months before the expiry of the consent, the consent authority must hold the application described in subsection (1)(a) until the determination of the holder’s application and any appeal.
(6)
If the result of the determination of the holder’s application and any appeal is that the holder’s application affected by section 328 is granted, the application described in subsection (1)(a) lapses to the extent to which the use of the resource has been granted to the holder.
Compare: 1991 No 69 s 124C
332 Lapsing of consents
(1)
A resource consent lapses on the date specified in the consent or, if no date is specified, 5 years after the date of commencement of the consent.
(2)
However, a consent does not lapse under subsection (1) if, before the consent lapses,—
(a)
the consent is given effect to; or
(b)
an application is made to the consent authority to extend the period after which the consent lapses, and the consent authority decides to grant an extension after taking into account—
(i)
whether substantial progress or effort has been, and continues to be, made towards giving effect to the consent; and
(ii)
whether the applicant has obtained approval from persons who may be adversely affected by the granting of an extension; and
(iii)
the effect of the extension on the outcomes and policies in a plan.
(3)
For the purposes of this section, a subdivision consent is given effect to when a survey plan in respect of the subdivision has been submitted to the territorial authority under section 577, but lapses if the survey plan is not deposited in accordance with section 584.
Compare: 1991 No 69 s 125(1), (1A), (2), (3)
333 Cancellation of consent
(1)
A consent authority may cancel a resource consent by written notice served on the consent holder if the resource consent has been exercised in the past but has not been exercised during the preceding 5 years.
(2)
Subsection (1) does not apply if—
(a)
the resource consent expressly provides otherwise; or
(b)
within 3 months after service of the notice, the consent holder applies to the consent authority to revoke the notice and the consent authority decides to revoke the notice and state a period after which a new notice may be served under subsection (1), after taking into account—
(i)
whether the applicant has obtained approval from persons who may be adversely affected by the revocation of the notice; and
(ii)
the effect of the revocation of the notice on the outcomes and policies in a plan.
Compare: 1991 No 69 s 126(1), (2)
334 Change or cancellation of consent condition on application by consent holder
(1)
A consent holder may apply to a consent authority for a change or cancellation of a condition of the consent if—
(a)
the proposed change or cancellation—
(i)
will not result in a materially different activity (than the activity for which consent was granted); and
(ii)
does not relate to the duration of the consent; and
(b)
the application is made before the deposit of the survey plan.
(2)
Sections 239 to 314 apply, with all necessary modifications, as if—
(a)
the application were an application for a resource consent for an anticipated activity; and
(b)
the references to a resource consent and to the activity were references only to—
(i)
the change or cancellation of a condition; and
(ii)
the effects of that change or cancellation.
(3)
If the resource consent is a coastal permit authorising aquaculture activities in the coastal marine area, an aquaculture decision is not required if the application—
(a)
proposes to change or cancel a condition of the consent; but
(b)
does not propose to change or cancel a condition specified under section 186H(3) of the Fisheries Act 1996.
(4)
For the purposes of determining who is adversely affected by the change or cancellation, the consent authority must consider, in particular, every person who—
(a)
made a submission on the original application; and
(b)
may be affected by the change or cancellation.
Compare: 1991 No 69 s 127(1), (3), (4)
335 Duration of certain resource consent activities
10-year resource consent duration for certain activities
(1)
The maximum duration of a resource consent that may be issued by a consent authority for any of the following activities is 10 years:
(a)
the taking, using, damming, or diverting of freshwater excluding open coastal water and geothermal water:
(b)
the discharge of any contaminant or water into freshwater:
(c)
the discharge of any contaminant onto or into land in circumstances that may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering freshwater:
(d)
a land use activity that would otherwise contravene section 26(1)(a) and (b) (discharge relating to water).
Effect of updates to plan under section 100 on consent duration
(2)
However, if, as a result of a plan being updated under section 100, the plan specifies a resource, or a resource within a specified area, as a resource to which subsection (1) does not apply,—
(a)
subsection (1) ceases, on and from the date that the updated provisions of the plan take effect, to apply to the duration of a resource consent for an activity relating to that resource; and
(b)
the consent authority must, instead, determine the duration of the resource consent in accordance with sections 286 and 326.
(3)
Subsections (1) and (2) are subject to section 336.
336 When section 335 does not affect duration of resource consent
(1)
Section 335 does not affect the duration of a resource consent if—
(a)
an applicant for a resource consent—
(i)
seeks, as part of their resource consent application, a determination from the consent authority that section 335 does not affect the duration of the consent; and
(ii)
demonstrates that the application is primarily for an activity described in subsection (3); and
(b)
the consent authority determines that section 335 does not affect the duration of the consent after being satisfied that the application is primarily for an activity described in subsection (3).
(2)
If subsection (1)(b) applies, the consent authority must determine the duration of the resource consent in accordance with sections 296 and 326.
(3)
The activities referred to in subsection (1)(a)(ii) and (b) are—
(a)
the construction, operation, upgrading, or maintenance of local authority or community reticulated water supply networks:
(b)
the construction, operation, upgrading, and maintenance of infrastructure that forms part of a public wastewater or stormwater network:
(c)
the operation, upgrading, or maintenance of any hydro-electricity generation scheme that exists on the day after this Act receives the Royal assent:
(d)
the construction, operation, upgrading, or maintenance of any of the following infrastructure activities:
(i)
State highways:
(ii)
the high-pressure gas transmission pipeline network operating in the North Island:
(iii)
the national grid electricity transmission network or a local distribution network:
(iv)
the New Zealand rail network (including light rail):
(v)
renewable electricity generation facilities, excluding any hydro-electricity generation facility, that connect directly to the national grid electricity transmission network or that connect to a local distribution network:
(vi)
any airport used for regular air transport services by aeroplanes capable of carrying more than 30 passengers:
(vii)
port facilities of each port company referred to in item 6 of Part A of Schedule 1 of the Civil Defence Emergency Management Act 2002:
(viii)
infrastructure that forms part of a public telecommunications network:
(e)
replacement, repair, or removal activities for the purpose of an activity described in paragraphs (a) to (d):
(f)
an activity specified in an Order in Council made under subsection (5).
(4)
The activities described in subsection (3)(d)(vi) and (vii) do not include any ancillary commercial activity or facilities for that activity.
(5)
The Governor-General may, by Order in Council made on the recommendation of the Minister, specify further activities for the purpose of this section.
(6)
Before making a recommendation under subsection (5), the Minister must be satisfied that the activity is—
(a)
an infrastructure activity that has regional or national significance; or
(b)
an activity that is associated with an activity described in paragraph (a); or
(c)
the construction, operation, upgrading, and maintenance of water storage facilities for the purpose of improving outcomes related to resilience to environmental change or climate change.
(7)
An order made under this section is 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. | ||||
Review of consent conditions by consent authority
337 Circumstances when consent conditions can be reviewed
(1)
A consent authority must, in accordance with section 338, serve notice on a consent holder of its intention to review the conditions of a resource consent if—
(a)
required by an order made by the Environment Court under section 706(6)(b); or
(b)
the national planning framework or a plan requires a review of conditions of a consent (other than for a subdivision) in the circumstances described in subsection (3) or (4); or
(c)
the national planning framework or a plan requires a review of the conditions of the consent for the purpose of considering consent duration (regardless of whether a condition relating to consent duration was included when the consent was granted).
(2)
A consent authority may, in accordance with section 338, serve notice on a consent holder of its intention to review the conditions of a resource consent—
(a)
at any time or times specified in the consent for any of the following purposes:
(i)
to deal with any adverse effect on the environment which may arise from the exercise of the consent and which it is appropriate to deal with at a later stage; or
(ii)
to require a holder of a discharge permit or a coastal permit to do something that would otherwise contravene section 26 or 28 to adopt the best practicable option to remove or reduce any adverse effect on the environment; or
(iii)
for any other purpose specified in the consent; or
(b)
if the information made available to the consent authority by the applicant for the consent for the purposes of the application contained inaccuracies which materially influenced the decision made on the application and the effects of the exercise of the consent are such that it is necessary to apply more appropriate conditions; or
(c)
if the NBE regulator determines that the consent holder has breached 1 or more conditions of the consent.
(3)
A consent issued by a consent authority that is a territorial authority may also be reviewed if there are exceptional circumstances where—
(a)
it is necessary to adapt to the effects of climate change or to avoid, mitigate, or reduce risks from natural hazards; or
(b)
there is risk of significant harm or damage to human health, property, or the natural environment,—
regardless of whether a review is a requirement of the national planning framework or a plan.
(4)
A consent issued by a consent authority that is a regional council may be reviewed in any of the following circumstances regardless of whether the review is a requirement of the national planning framework or a plan:
(a)
it is necessary to ensure compliance with environmental limits and achieve targets:
(b)
it is necessary to adapt to the effects of climate change or to avoid, mitigate, or reduce risks from natural hazards:
(c)
there is new information that identifies significant harm or damage to human health, property, or the natural environment.
(5)
A consent authority must not review the conditions of a consent for the purpose of considering consent duration unless required by the national planning framework or a plan (see also section 341(2)).
(6)
A regional council must notify the chief executive of the Ministry responsible for the administration of the Fisheries Act 1996 as soon as is reasonably practicable if—
(a)
it intends to review a condition of a coastal permit authorising an aquaculture activity in the coastal marine area; and
(b)
the condition is specified under section 186H(3) of that Act as a condition that may not be changed or cancelled until the chief executive makes a further aquaculture decision.
(7)
To avoid doubt, consent authorities may review different types of consents as a group at the same time.
(8)
The national planning framework and a plan may require a review of the conditions of the consent for the purpose of considering consent duration (regardless of whether a condition relating to consent duration was included when the consent was granted),—
(a)
for a consent issued by a territorial authority, only if there are exceptional circumstances described in subsection (3); and
(b)
for a consent issued by a regional council, only in the circumstances permitted by subsection (4).
Compare: 1991 No 69 s 128
338 Notice of review
(1)
A notice of intent to review the conditions of a consent under section 337—
(a)
must advise the consent holder of the conditions of the consent which are the subject of the review; and
(b)
must state the reasons for the review; and
(c)
must specify the information which the consent authority took into account in making its decision to review the consent, unless the notice is given under section 337(1)(a) or (2)(a); and
(d)
must advise a consent holder by whom a charge is payable under section 757—
(i)
of the fact that the charge is payable; and
(ii)
of the estimated amount of the charge; and
(e)
may propose, and invite the consent holder to propose within 20 working days of service of the notice, new consent conditions; and
(f)
must, if applicable, advise if the consent authority intends to review the conditions of the resource consent together with its review of the conditions of other resource consents.
(2)
If notification of the review is required under section 339, the notification must include a summary of the notice served under this section, and the notification must be served within—
(a)
30 working days after the service of the notice (if the consent holder is invited to propose new conditions); or
(b)
10 working days after the service of the notice (if the consent holder is not invited to propose new conditions).
Compare: 1991 No 69 s 129
339 Public notification, submissions, and hearing, etc
(1)
Sections 272 to 281, with all necessary modifications, apply in respect of a review of any resource consent as if—
(a)
the notice of review under section 338 were an application for a resource consent; and
(b)
the consent holder were the applicant for the resource consent.
(2)
Sections 264 to 271 apply, with all necessary modifications, as if—
(a)
the review of consent conditions were an application for a resource consent for a discretionary activity unless the national planning framework or a plan prescribes a more lenient activity category; and
(b)
the references to a resource consent and to the activity were references only to the review of the conditions and to the effects of the change of conditions respectively.
(3)
If a plan states that a rule will affect the exercise of existing resource consents under section 173(2), a consent authority—
(a)
is not required to comply with sections 264 to 271; but
(b)
must hear submissions only from the consent holder if the consent holder requests (within 20 working days of service of the notice under section 338) to be heard.
(4)
Despite subsection (3), if a consent authority considers special circumstances exist, it may require that a review be notified and a hearing be held even if a plan expressly states that a rule affects the exercise of existing consents under section 173(2).
(5)
If the consent authority is reviewing the conditions of a coastal, water, or discharge permit, or a land use consent granted by a regional council, and since the consent was granted a relevant framework rule has been made, the consent authority must serve on the Minister notice of the review, and the Minister may—
(a)
make a submission to the consent authority; and
(b)
request to be heard.
Compare: 1991 No 69 s 130
340 Matters to be considered in review
(1)
When reviewing the conditions of a resource consent, the consent authority—
(a)
must have regard to the matters in section 286; and
(b)
must have regard to the extent and scale to which the activity can still be carried out after the change; and
(c)
in the case of a review under section 337(2)(a), must have regard to any reasons that the court provided for making the order requiring the review; and
(d)
must consider what arrangements or measures are necessary to facilitate compliance of new varied or new conditions by the consent holder; and
(e)
may have regard to the manner in which the consent has been used.
(2)
Before changing the conditions of a discharge permit or a coastal permit to do something that would otherwise contravene section 26 or 28 to include a condition requiring the holder to adopt the best practicable option to remove or reduce any adverse effect on the environment, the consent authority must be satisfied that including that condition is the most efficient and effective means of removing or reducing that adverse effect, in the particular circumstances and having regard to—
(a)
the nature of the discharge and the receiving environment; and
(b)
the financial implications for the applicant of including that condition; and
(c)
other alternatives, including a condition requiring the observance of minimum standards of quality of the receiving environment.
Compare: 1991 No 69 s 131
341 Decisions on review of consent conditions
(1)
A consent authority may change the conditions of a resource consent on a review under section 337 if 1 or more of the circumstances specified in that section applies.
(2)
However, if required by the national planning framework or a plan in accordance with section 337(8), a consent authority—
(a)
must review the conditions of the consent for the purpose of considering consent duration only to the extent authorised by the framework or plan; and
(b)
may, when making a decision on the review, change or impose a condition relating to the duration of the consent regardless of whether a condition relating to duration was included when the consent was granted.
(3)
Sections 303(4) and 324 apply with all necessary modifications if a regional consent authority decides to do a review and as a result of the review intends to change a condition of a coastal permit and it is required by section 337(6) to give notice of the intended review to the responsible chief executive under that provision.
(4)
Sections 291 to 303 and 318 to 323 (which relate to conditions, decisions, and notification) and sections 313 and 314 (which relate to appeals) apply, with all necessary modifications, to a review under section 337 as if—
(a)
the review were an application for a resource consent; and
(b)
the consent holder were an applicant for a resource consent.
(5)
A consent authority may cancel a resource consent if—
(a)
it reviews the consent under section 337(2)(b); and
(b)
the application for the consent contained inaccuracies that the authority considers materially influenced the decision made on the application; and
(c)
there are significant adverse effects on the environment resulting from the exercise of the consent.
(6)
A consent authority may also cancel a resource consent if—
(a)
it reviews the consent under section 337(1)(a); and
(b)
there are significant adverse effects on the environment resulting from the exercise of the consent.
(7)
A territorial consent authority may cancel a land use consent issued by it following a review only if the land use consent cannot comply with plan rules that—
(a)
give effect to any parts of the national planning framework relating to the natural environment; or
(b)
give effect to any parts of the national planning framework relating to—
(i)
the avoidance, reduction, or mitigation of risks associated with natural hazards; or
(ii)
contaminated land; or
(iii)
adaptation to climate change; or
(iv)
mitigation of climate change; or
(c)
avoid, mitigate, or reduce risks associated with natural hazards or climate change, or provide for adaptation to or mitigation of climate change (even if there is no national planning framework provision on those matters); or
(d)
deal with contaminated land (even if there is no national planning framework provision on the matter).
(8)
A regional consent authority may cancel a consent issued by it following a review if—
(a)
a relevant environmental limit is breached or is likely to be breached resulting in significant adverse effects on the environment; and
(b)
there are significant adverse effects on the environment that cannot be rectified through any consent condition.
Compare: 1991 No 69 s 132
342 Powers under Part 11 not affected
Nothing in sections 334 to 341 limits the power of the Environment Court to change or cancel a resource consent by an enforcement order under Part 11.
Compare: 1991 No 69 s 133
343 Minor corrections of resource consents
A consent authority that grants a resource consent may, within 20 working days of the grant, issue an amended consent that corrects minor mistakes or defects in the consent.
Compare: 1991 No 69 s 133A
Transfer of consents
344 Land use and subdivision consents attach to land
(1)
A land use consent and a subdivision consent attaches to the land to which the consent relates and accordingly may be enjoyed by the owners and occupiers of the land for the time being, unless the consent expressly provides otherwise.
(2)
Subsection (1) does not apply to a land use consent to do something that would otherwise contravene section 24.
(3)
The holder of a land use consent described in subsection (2) may transfer the whole or any part of the holder’s interest in the consent to any other person unless the consent expressly provides otherwise.
(4)
The transfer of the holder’s interest in a consent described in subsection (2) has no effect until written notice of the transfer is given to the consent authority that granted the consent.
Compare: 1991 No 69 s 134(1)–(4)
345 Transferability of coastal permits
(1)
A holder of a coastal permit—
(a)
may transfer the whole or any part of the holder’s interest in the permit to any other person:
(b)
may not transfer the whole or any part of the holder’s interest in the permit to another site—
unless the consent or a plan rule expressly provides otherwise.
(2)
The transfer of the holder’s interest in a coastal permit has no effect until written notice of the transfer is given to the consent authority that granted the permit.
Compare: 1991 No 69 s 135
346 Transferability of water permits
(1)
A holder of a water permit granted for damming or diverting water may transfer the whole of the holder’s interest in the permit to any owner or occupier of the site in respect of which the permit is granted, but may not transfer the permit to any other person or from site to site.
(2)
A holder of a water permit granted other than for damming or diverting water may transfer the whole or any part of the holder’s interest in the permit—
(a)
to any owner or occupier of the site in respect of which the permit is granted; or
(b)
to another person on another site, or to another site, if both sites are in the same catchment (either upstream or downstream), aquifer, or geothermal field, and the transfer—
(i)
is expressly allowed by a plan; or
(ii)
has been approved by the consent authority that granted the permit on an application for transfer under subsection (5).
(3)
A transfer under subsection (1) or (2) may be for a limited period.
(4)
A transfer under any of subsections (1), (2)(a), and (2)(b)(i) has no effect until written notice of the transfer is received by the consent authority that granted the permit.
(5)
An application for transfer under subsection (2)(b)(ii)—
(a)
must be in the prescribed form and be lodged jointly by the holder of the water permit and the person to whom the interest in the water permit will transfer; and
(b)
must be considered in accordance with sections 239 to 258, 302, 313, and 314 and clauses 79 to 91 of Schedule 6 as if—
(i)
the application for a transfer were an application for a resource consent; and
(ii)
the consent holder were an applicant for a resource consent.
(6)
When considering an application for transfer under subsection (2)(b)(ii), the consent authority must, in addition to the matters set out in section 286, have regard to the effects of the proposed transfer, including the effect of ceasing or changing the exercise of the permit under its current conditions, and the effects of allowing the transfer.
(7)
If the transfer of the whole or part of the holder’s interest in a water permit is notified under subsection (4), or approved by the consent authority under subsection (2)(b)(ii), and is not for a limited period, the original permit, or that part of the permit transferred, is deemed to be cancelled and the interest or part transferred is deemed to be a new permit—
(a)
on the same conditions as the original permit (if subsection (4) applies); or
(b)
on such conditions as the consent authority determines under subsection (5) (if that subsection applies).
Compare: 1991 No 69 s 136
347 Transferability of discharge permits
(1)
The holder of a discharge permit may—
(a)
transfer part or all of the holder’s interest in the permit; and
(b)
make the transfer for part or all of the remaining period of the permit.
(2)
The holder may make the transfer if it—
(a)
is for the site for which the permit is granted; and
(b)
is to—
(i)
another owner or occupier of the site for which the permit is granted; or
(ii)
a local authority.
(3)
The holder may make the transfer if it is for another site and is to any person, if a regional plan—
(a)
allows the transfer; or
(b)
allows the holder to apply to the consent authority that granted the permit to be allowed to make the transfer.
(4)
A plan may allow a transfer or a consent authority may allow a transfer if—
(a)
the transfer does not worsen the actual or potential effect of any discharges on the environment; and
(b)
the transfer does not result in any discharges that contravene a framework rule; and
(c)
if the discharge is to water, both sites are in the same catchment; and
(d)
if the discharge is to air and a framework rule applies to a discharge to air, both sites are in the same air-shed as defined in the framework rule; and
(e)
if the discharge is to air and paragraph (d) does not apply, both sites are in the same region.
(5)
An application under subsection (3)(b)—
(a)
must be in the prescribed form (if any); and
(b)
must be lodged jointly by the holder and the person to whom it is proposed to transfer the interest in the permit; and
(c)
must be considered under sections 240, 302, 313, and 314 and clauses 79 to 91 of Schedule 6 as if—
(i)
the application for a transfer were an application for a resource consent; and
(ii)
the holder were an applicant for a resource consent.
(6)
The transfer has no effect until the consent authority that granted the permit receives written notice of it.
(7)
When a consent authority receives written notice of a transfer that is made for all of the remaining period of the permit,—
(a)
the original permit, or the part of it that relates to the part of the interest transferred, is cancelled; and
(b)
the interest, or the part of it transferred, is a new permit on the same conditions as the original permit.
Compare: 1991 No 69 s 137
348 Consent authority may cancel or prevent transfer under sections 345 to 347
(1)
A consent authority may cancel or prevent a transfer under any of sections 345 to 347 if it believes on reasonable grounds that the transferee is unlikely to comply with consent conditions based on the transferee’s prior non-compliance—
(a)
with any requirements of this Act; and
(b)
for which enforcement action has been taken under this Act that has resulted in a conviction or a court order.
(2)
If a consent authority decides to cancel or prevent the transfer, it must give written notice of its decision to the transferee.
(3)
See section 765(1)(f) for a person’s right to object to the consent authority’s decision under this section.
349 Consent authority may order review of consent conditions
A consent authority may order a review of consent conditions under sections 337 to 342 if it believes on reasonable grounds that the transferee is unlikely to comply with consent conditions based on the transferee’s previous non-compliance—
(a)
with any requirements of this Act; and
(b)
for which enforcement action has been taken under this Act that has resulted in a conviction or a court order.
350 Surrender of consent
(1)
The holder of a resource consent may surrender the consent, either in whole or part, by giving written notice to the consent authority.
(2)
A consent authority may refuse to accept the surrender of part of a resource consent where it considers that the surrender of that part would—
(a)
affect the integrity of the consent; or
(b)
affect the ability of the consent holder to meet other conditions of the consent; or
(c)
lead to an adverse effect on the environment.
(3)
A person who surrenders a resource consent remains liable under this Act—
(a)
for any breach of conditions of the consent which occurred before the surrender of the consent; and
(b)
to complete any work to give effect to the consent unless the consent authority directs otherwise in its notice of acceptance of the surrender under subsection (4).
(4)
A surrender of a resource consent takes effect on receipt by the holder of a notice of acceptance of the surrender from the consent authority.
Compare: 1991 No 69 s 138
351 Person acting under resource consent with permission
(1)
A reference in this Act to activities being allowed by a consent includes a reference to a person acting under a consent with the permission (including implied permission) of the holder of the consent as if the consent had been granted to the person acting under it as well as to the holder.
(2)
Subsection (1) is subject to—
(a)
any specific conditions included in the consent; and
(b)
section 344 (which provides that consents for land use and subdivision attach to the land).
Compare: 1991 No 69 s 3A
352 Special provisions relating to coastal permits for dumping and incineration
Consideration of coastal permit for activities that would otherwise contravene section 27
(1)
When considering an application for a coastal permit to do something that would otherwise contravene section 27, a consent authority, in having regard to the actual and potential effects on the environment of allowing the activity, must have regard to—
(a)
the nature of any discharge of any contaminant which the dumping or incineration may involve, the sensitivity of the receiving environment to adverse effects, and the applicant’s reasons for making the proposed choice; and
(b)
any possible alternative methods of disposal or combustion including any involving discharge into any other receiving environment.
(2)
The consent authority may require the applicant to give further information to explain any matter referred to in subsection (1)(a) and (b). The requirement must be in writing and may be made at a reasonable time before the hearing (or, if there is no hearing, the determination) of the application.
Best practicable option condition
(3)
The consent authority may include a condition requiring the permit holder to adopt the best practicable option to prevent or minimise any actual or likely adverse effect on the environment of any discharge of any contaminant which may occur in the exercise of the permit.
(4)
A consent authority may, at any time, in accordance with section 338, serve notice on the permit holder of its intention to review the conditions of the permit for the purpose of including the best practicable option condition.
(5)
Before deciding to include the best practicable option condition (when granting the permit or a result of a review under subsection (4)), the consent authority must—
(a)
have regard to—
(i)
the nature of any discharge of a contaminant and the receiving environment; and
(ii)
the financial implications for the permit holder of including that condition; and
(iii)
other alternatives, including a condition requiring the observance of minimum standards of quality of the receiving environment; and
(b)
be satisfied, in the particular circumstances, that including the condition is the most efficient and effective means of removing or reducing any adverse effect.
Condition to comply with requirements relating to specified information
(6)
It is a condition of the permit that the permit holder must—
(a)
comply with any requirements in regulations made under section 800 to keep records of specified information; and
(b)
provide the relevant local authority each year with information specified in those regulations.
Other matters
(7)
Sections 338 to 342 apply, subject to subsection (5), to a review of a permit under subsection (4). The powers of a consent authority under subsection (4) are in addition to its powers under section 337.
(8)
This section does not limit—
(a)
sections 249 and 286:
(b)
section 294 except as provided in subsection (5).
(9)
In this section,—
best practicable option condition means the condition described in subsection (3)
permit holder means a holder of a coastal permit to do something that would otherwise contravene section 27.
Compare: 1991 No 69 s 138A
Certificates of compliance
353 Request for certificate of compliance
(1)
A person may request a consent authority to issue a certificate of compliance under section 354 or request the EPA to issue a certificate of compliance under section 357.
(2)
The consent authority may require the person to provide further information if the authority considers that the information is necessary for the purpose of applying section 354.
(3)
The person must provide the information required by the consent authority within 15 days after receiving the requirement.
(4)
The consent authority may return a request for a certificate of compliance to the person as incomplete—
(a)
within 10 working days of receipt of the request, if the relevant application fee has not been paid; or
(b)
within 10 working days after the expiry of the time period referred to in subsection (3), if insufficient information has been provided.
(5)
The consent authority must revoke a certificate of compliance if it becomes aware that information that a person provided in order to obtain the certificate contained inaccuracies that were material in satisfying the authority that it must issue the certificate.
Compare: 1991 No 69 ss 139(2), (4), 139A(8)
354 Consent authorities to issue certificate of compliance
(1)
This section and section 355 apply if a request for a certificate of compliance is made in accordance with section 353.
(2)
The consent authority must issue a certificate of compliance if—
(a)
the activity can be done lawfully in the particular location without a resource consent; and
(b)
the request complies with the requirements prescribed by regulations made under section 801 (if any); and
(c)
the person pays the appropriate administrative charge.
(3)
The consent authority must issue a certificate of compliance within 20 working days of the date on which it received the request. However, if the authority requires further information under subsection (2), the counting of the 20 working days is paused on the date of the requirement and resumes when the information is received.
(4)
A certificate of compliance issued to the person must—
(a)
describe the activity and the location; and
(b)
state that the activity can be done lawfully in the particular location without a resource consent as at the date on which the consent authority received the request.
(5)
Sections 765, 766, 768, and 771 apply to a request for a certificate of compliance.
(6)
In this section, activity includes a particular proposal.
Compare: 1991 No 69 s 139(1)–(12), (14)
355 When consent authority must not issue certificate of compliance
(1)
A consent authority must not issue a certificate of compliance if—
(a)
the request for a certificate is made after a proposed plan is notified; and
(b)
the activity could not be done lawfully in the particular location without a resource consent under the proposed plan.
(2)
The consent authority must not issue a certificate of compliance if a notice for the activity is in force under section 222(1)(d).
(3)
The consent authority must not issue a certificate of compliance for—
(a)
an activity for which a permitted activity notice is required by the national planning framework or a plan (see section 362); or
(b)
an activity for which a notice under section 222 has been given.
Compare: 1991 No 69 s 139(8), (8A)
356 Status of certificate of compliance
(1)
A certificate of compliance states that the activity can be done lawfully in a particular location without a resource consent.
(2)
A certificate of compliance is treated as if it were an appropriate resource consent that—
(a)
contains the conditions specified in an applicable framework rule; and
(b)
contains the conditions specified in an applicable plan.
(3)
A certificate of compliance treated as a resource consent is subject to sections 30, 32, and 34.
(4)
A certificate of compliance treated as a resource consent is subject to this Act as if it were a resource consent, except that the only sections in this Part that apply to it are sections 313(1) or (2), 332, and 344 to 347.
(5)
Despite subsection (4) and section 332, a certificate of compliance lapses 3 years after the date of issue.
Compare: 1991 No 69 s 139(10)–(12)
357 EPA to issue certificate of compliance for certain activities
(1)
(2)
If this section applies, a person may request a certificate of compliance from the EPA instead of from the consent authority.
(3)
Section 292 applies with the following modifications:
(a)
the EPA is treated as a consent authority; and
(b)
section 290(2)(b) does not apply; and
(c)
the EPA may recover its actual and reasonable costs of dealing with the request from the person making the request; and
(d)
if the EPA requires a person to pay costs recoverable under paragraph (c), the costs are a debt due to the Crown that is recoverable in any court of competent jurisdiction.
Compare: 1991 No 69 s 139(13)
Certificates of existing use
358 Application for certificate of existing use
(1)
A person may request a consent authority to issue a certificate of existing use that—
(a)
describes a use of land in a particular location; and
(b)
states that the use of the land was a use of land allowed by section 30 on the date on which the authority issues the certificate; and
(c)
specifies—
(i)
the character, intensity, and scale of the use on the date on which the authority issues the certificate; and
(ii)
if applicable, the reduced adverse effects on the environment or the contribution towards relevant plan outcomes in the relevant plan resulting from the effects of the use of the land.
(2)
A person may request a consent authority to issue a certificate of existing use that—
(a)
describes an activity that is an existing land use allowed by section 32 or an activity that is allowed to continue under section 34(1); and
(b)
states that the activity was an activity allowed by section 32 or 34 on the date on which the authority issues the certificate; and
(c)
specifies—
(i)
the adverse effects of the activity in terms of its character, intensity, and scale on the date on which the authority issues the certificate; and
(ii)
if applicable, the reduced adverse effects of the activity; and
(d)
describes the period for which the activity is allowed under section 32 or 34.
(3)
The consent authority may require the person to provide any further information that the authority considers it needs to determine whether it must issue the certificate of existing use.
(4)
The person must provide the information required by the consent authority within 15 days after receiving the requirement.
(5)
The consent authority may return a request for a certificate of existing use to the person as incomplete—
(a)
within 10 working days of receipt of the request, if the relevant application fee has not been paid; or
(b)
within 10 working days after the expiry of the time period referred to in subsection (4), if insufficient information has been provided.
Compare: 1991 No 69 s 139A(1)–(3)
359 Consent authorities to issue certificate of existing use
(1)
The consent authority must issue a certificate of existing use if—
(a)
it is satisfied that the use of the land is a use of land allowed by section 30 on the date on which the authority issues the certificate; and
(b)
the application complies with the requirements prescribed by regulations made under section 801 (if any); and
(c)
it receives payment of the appropriate administrative charge.
(2)
The consent authority must issue a certificate of existing use if it—
(a)
is satisfied that the activity is an activity allowed by section 32 or 34 on the date on which the authority issues the certificate; and
(b)
receives payment of the appropriate administrative charge.
(3)
A consent authority that must issue a certificate of existing use must do so within 20 working days after the latest of the following dates:
(a)
the date on which the authority receives the request; and
(b)
the date on which the authority receives the payment of the appropriate administrative charge.
(4)
However, if the consent authority requires further information under section 358(3), the counting of the 20 working days is paused on the date of the requirement and resumes when the information is received.
(5)
The consent authority must revoke a certificate of existing use if it becomes aware that information provided in order to obtain the certificate contained inaccuracies material in satisfying the authority that it must issue the certificate.
(6)
Sections 765, 766, and 768 to 771 apply in relation to the issue or revocation of a certificate of existing use.
Compare: 1991 No 69 s 139A(4)–(8), (10)
360 Status of certificate of certificate of existing use
(1)
A certificate of existing use is treated as an appropriate resource consent.
(2)
The provisions of this Act apply to a certificate of existing use, except for sections 220, 313(2), and 326 to 377.
Compare: 1991 No 69 s 139A(9)
Permitted activity notices
361 National planning framework or plan may require permitted activity notice
(1)
A permitted activity notice is required in relation to an activity only if the national planning framework or a plan states that it is required.
(2)
The national planning framework or a plan may require a permitted activity notice for the purposes of—
(a)
compliance monitoring and enforcement, including cost-recovery and plan effectiveness monitoring of permitted activities; and
(b)
ensuring any third party approval or certification is obtained as appropriate; and
(c)
requiring an environmental contribution to be made.
(3)
Without limiting the generality of subsection (2), the national planning framework or a plan may require a permitted activity notice to be issued for any of the following matters:
(a)
monitoring the activity for compliance with requirements, standards, or criteria in the national planning framework or plan:
(b)
certification by a qualified or certified person:
(c)
requiring that the activity be undertaken in accordance with a report or management plan prepared by a qualified person:
(d)
requiring work to be done by a qualified or certified person:
(e)
requiring a report or assessment prepared by an iwi within an area identified as having significant value to Māori:
(f)
requiring written approval from persons or groups who may be adversely affected by an activity.
362 Permitted activity notices
(1)
A consent authority must require a permitted activity notice for any matter or activity directed by a framework rule or a plan.
(2)
If an activity is required to be carried out under a permitted activity notice, a person must not commence the activity until—
(a)
they have provided the information required by the national planning framework or the plan for the consent authority to issue the notice; and
(b)
the authority issues the notice; and
(c)
if applicable, the requirements described in section 363(1) have been met.
(3)
If a person provides a consent authority with information in order to obtain a permitted activity notice, the consent authority—
(a)
must assess the information against any requirements, standards, or criteria in the national planning framework and the plan; and
(b)
must either—
(i)
issue the notice within 10 working days after the date on which the authority receives the information; or
(ii)
not issue the notice and return any information that is incomplete or inconsistent with the requirements within 5 working days after the date on which the authority receives the information and give reasons (in writing) for its return; but
(c)
must not seek further information.
(4)
If a permitted activity notice is issued, the activity permitted by the notice must be carried out in accordance with the information provided in the request for the notice.
(5)
If a permitted activity notice is revoked, the activity permitted by the notice must cease unless it is permitted by a new permitted activity notice or a resource consent.
(6)
The consent authority must revoke a permitted activity notice if it becomes aware that information provided in order to obtain the notice contained inaccuracies or did not comply with the prescribed requirements, and that the inaccuracies or non-compliance were material in satisfying the authority that it must issue the notice.
363 Commencement and lapsing of permitted activity notice
(1)
A permitted activity notice lapses 3 years after the date on which it is issued, unless the activity to which it relates commences.
(2)
If a permitted activity notice is for an activity in a part of the common marine and coastal area where a customary marine title order or agreement is in effect, the requirements of section 68(1) of the Marine and Coastal Area (Takutai Moana) Act 2011 apply.
Part 7 Management of particular resources and areas
Subpart 1—Water conservation orders
Purpose and meaning
364 Purpose of water conservation orders
(1)
Despite anything to the contrary in the purpose of this Act, the purpose of a water conservation order is to recognise and sustain—
(a)
the outstanding amenity or intrinsic values of waters in their natural state; and
(b)
where waters are no longer in their natural state, the amenity or intrinsic values of those waters that warrant protection because they are considered to be outstanding.
(2)
A water conservation order may provide for any of the following:
(a)
the preservation, as far as possible in its natural state, of a water body that is considered to be outstanding:
(b)
the protection of the characteristics that a water body has, or contributes to, and which are considered to be outstanding—
(i)
as a habitat for terrestrial or aquatic organisms:
(ii)
as a fishery:
(iii)
for its wild, scenic, or other natural characteristics:
(iv)
for its scientific and ecological values:
(v)
for recreational, historical, cultural, or spiritual purposes:
(c)
the protection of characteristics that a water body has, or contributes to, and that are considered to be of outstanding significance in accordance with tikanga Māori.
Compare: 1991 No 69 s 199
365 Meaning of water conservation order
(1)
A water conservation order is an order that—
(a)
is made under section 379 for any of the purposes of section 364; and
(b)
imposes restrictions or prohibitions on the powers and functions of regional planning committees under section 50(c) and (d) in relation to water.
(2)
The restrictions or prohibitions include those that relate, in particular, to—
(a)
the quality, quantity, rate of flow, or level of a water body:
(b)
the maximum and minimum levels, flow, or range of levels or flows for a water body:
(c)
the rate of change of levels or flows to be applied for or permitted for a water body:
(d)
the maximum allocation for abstraction consistent with the purposes of the order:
(e)
the maximum contaminant concentrations and loading consistent with the purposes of the order:
(f)
the ranges of temperature and pressure in a water body.
Compare: 1991 No 69 s 200
366 How to apply for water conservation order
(1)
Any person may apply to the Minister to make a water conservation order for a water body.
(2)
The application must—
(a)
identify the water body for which an order is sought; and
(b)
state the reasons for the application, referring to the matters included in sections 364, 365, and 372, as far as they are relevant.
(3)
The Minister may, by notice in writing, require the applicant to supply any further information relating to the application that the Minister considers necessary.
(4)
An application made under this section must include payment of the prescribed fee.
Compare: 1991 No 69 s 201
Appointment of, and process to be followed by, special tribunal
367 Appointment of special tribunal
(1)
When the Minister receives an application for a water conservation order, the Minister must, as soon as practicable,—
(a)
appoint a special tribunal to hear and report on the application; or
(b)
reject the application and notify the applicant of the decision, giving reasons for rejecting the application.
(2)
The Minister may delay making a decision if the Minister—
(a)
requires further information from the applicant:
(b)
considers it necessary to inquire into the application.
(3)
Before appointing a special tribunal, the Minister must, if appropriate, consult the Minister for Māori Development and the Minister of Conservation on the membership of the tribunal.
Compare: 1991 No 69 s 202
368 Administrative matters relating to special tribunal
(1)
A special tribunal appointed under section 367 must have—
(a)
no fewer than 3, and no more than 5, members; and
(b)
a chairperson appointed by the Minister or by the members, if the Minister declines to do so.
(2)
If the Minister directs, members must be paid out of money appropriated by Parliament for the purpose, in accordance with the Fees and Travelling Allowances Act 1951,—
(a)
remuneration by way of fees, salary, or allowances; and
(b)
travelling allowances and expenses in accordance with that Act for time spent travelling in the service of the tribunal.
(3)
A special tribunal is a statutory board for the purpose of the Fees and Travelling Allowances Act 1951.
(4)
A member of a special tribunal is not liable for anything the member does or omits to do in good faith in performing or exercising the functions, duties, and powers of the tribunal.
Compare: 1991 No 69 s 203
369 Public notification of application
(1)
A special tribunal must, as soon as practicable after it is appointed under section 367, ensure that—
(a)
public notice is given of the application; and
(b)
a short summary of the application is published in a daily newspaper in each of the cities of Auckland, Wellington, Christchurch, and Dunedin with details of the Internet site where the notice may be accessed; and
(c)
other public notice is given of the application that the tribunal considers appropriate; and
(d)
notice of the application is served on—
(i)
the applicant; and
(ii)
all relevant local authorities; and
(iii)
the relevant iwi authorities and groups that represent hapū; and
(iv)
persons who hold relevant resource consents; and
(v)
any other persons that the tribunal considers appropriate.
(2)
The notices required under this section must be in a form approved by the Minister, and must—
(a)
describe the application and where it and all relevant information the special tribunal holds may be viewed; and
(b)
state that any person may make a submission on the application in writing, advising as to the effect of section 370(4); and
(c)
enable the tribunal to consider wider matters than those raised in the application; and
(d)
state the closing date for submissions to be received by the tribunal, which must be the 20th working day after the application is notified or a later date if an extension of time is agreed and notified under section 787; and
(e)
state the address for service of the tribunal and each applicant.
(3)
The special tribunal may request further information from the applicant at any reasonable time before the hearing, applying the requirements of section 249 as if references to the consent authority were references to the special tribunal, and references to a consent were references to an order.
370 Submissions to special tribunal
(1)
Any person may make a submission to the special tribunal on an application notified under section 369.
(2)
Submissions must be made in a form approved by the Minister for the purpose and must be served not later than the date advised under section 369(2)(d) on—
(a)
the relevant regional planning committee and local authorities in the region; and
(b)
all applicants.
(3)
The requirements of section 275 (applicant to be advised of submissions) and section 787 (waiver and extension of time limits) apply.
(4)
A submitter may support the making of a water conservation order, but may prefer—
(a)
that an order be made over a different (but related) water body within the same catchment; or
(b)
that an order be made to protect different features and qualities of the water body from those identified in the application.
(5)
If subsection (4) applies, the submitter must endeavour, in the submission,—
(a)
to make that preference known to the special tribunal; and
(b)
to specify the reasons for that preference, having regard to the purpose of a water conservation order (see section 364) and the matters for consideration set out in section 372.
(6)
A submitter who opposes the making of an order must specify why the submitter considers the proposed order is not justified, having regard to the purpose of water conservation orders (see section 364) and the matters that must be considered (see section 372).
(7)
If a submission does not include all the matters listed in subsection (5) or, if applicable, the information required by subsection (6), the tribunal may still consider the submission.
(8)
A tribunal may, by notice in writing, require a submitter to supply further information relating to the submission that the tribunal considers necessary.
Compare: 1991 No 69 s 205
371 Hearing by special tribunal
(1)
The Minister must, without delay, provide an application and any other relevant information to the special tribunal appointed under section 367.
(2)
The provisions that apply under clauses 78 to 93 of Schedule 6 to a regional planning committee apply as if references in those provisions—
(a)
to a regional planning committee were references to a special tribunal; and
(b)
to a resource consent were references to a water conservation order.
(3)
If a special tribunal directs an applicant or submitter to provide briefs of evidence by a certain date (which must be at least 10 working days before a hearing), the hearing date must be not more than 40 working days after the closing date for submissions.
(4)
If a special tribunal does not give such direction, the hearing date must be within 25 working days after the closing date for submissions.
(5)
A hearing must be held at a place determined by the special tribunal that is near the water body to which the application relates.
Compare: 1969 No 69 s 206
372 Matters that must be considered by special tribunal
(1)
In considering an application under this subpart, a special tribunal must have particular regard to—
(a)
the purpose of a water conservation order; and
(b)
the matters set out in section 364(2).
(2)
The special tribunal must also have regard to—
(a)
the application and all submissions; and
(b)
the needs of primary and secondary industry and of the community; and
(c)
the relevant provisions of the national planning framework, and the plans for the relevant regions.
Compare: 1991 No 69 s 207
373 Special tribunal to report on application
(1)
As soon as is reasonably practicable after the close of a hearing, a special tribunal must prepare a report on the application and give notice that must include—
(a)
either a draft water conservation order or a statement that the tribunal recommends that the application be declined; and
(b)
the reasons for the tribunal’s conclusion.
(2)
The special tribunal must also provide to the relevant regional planning committee, for inclusion in the plan for the region, draft provisions that give effect to the water conservation order.
(3)
The notice required by subsection (1) must be sent to the following:
(a)
the applicant; and
(b)
the Minister; and
(c)
the relevant local authorities; and
(d)
the 1 or more relevant regional planning committees; and
(e)
iwi authorities and groups that represent hapū; and
(f)
every person who made a submission on the application.
Compare: 1991 No 69 s 208
Environment Court
374 Right to make submissions to Environment Court
(1)
The following persons may make submissions to the Environment Court in respect of the whole or any part of a report made under section 373 by a special tribunal:
(a)
the applicant for the proposed water conservation order to which the report relates:
(b)
any submitter to the special tribunal under section 370:
(c)
any other person granted leave by the Environment Court to submit on the grounds that the person could not reasonably be expected to know that the report of the special tribunal would affect that person or an aspect of the public interest which that person represents.
(2)
Submissions must be lodged with the Environment Court within 15 working days of notice of the decision being received under section 373(2).
(3)
A submitter must serve a copy of their submission on the following within 5 working days of lodging a submission with the Environment Court:
(a)
the applicant for the proposed water conservation order; and
(b)
the Minister; and
(c)
the relevant local authorities; and
(d)
the relevant iwi authorities and groups that represent hapū; and
(e)
every person who made a submission on the application; and
(f)
any other person that the submitter knows has made a submission to the Environment Court under this section.
Compare: 1991 No 69 s 209
375 Requirement to hold inquiry
If any submissions are lodged in accordance with section 374, the Environment Court must conduct a public inquiry into the report to which the submissions relate.
Compare: 1991 No 69 s 210
376 Who may be heard at inquiry
The following persons may be heard in person or be represented by another person at an inquiry conducted under section 375:
(a)
the applicant for the proposed water conservation order:
(b)
the Minister:
(c)
the local authorities whose region or district may be affected:
(d)
iwi authorities and groups that represent hapū:
(e)
every person who made a submission to the special tribunal under section 370:
(f)
any person who is granted leave to make a submission under section 374(1)(c).
Compare: 1991 No 69 s 211
377 Matters that must be considered by Environment Court
(1)
In conducting an inquiry, the Environment Court must have particular regard to the following:
(a)
the purpose of a water conservation order (see section 364(1)); and
(b)
the matters set out in section 364(2).
(2)
The Environment Court must also have regard to—
(a)
the needs of primary and secondary industry and of the community; and
(b)
the relevant provisions of the national planning framework and the relevant plan and any proposed plan for the region; and
(c)
the report of the special tribunal and any draft water conservation order; and
(d)
the application and all submissions lodged with the Environment Court; and
(e)
any other matters that the Environment Court thinks fit.
Compare: 1991 No 69 s 212
378 Report of Environment Court
(1)
When the Environment Court has completed its inquiry, it must report in writing to the Minister, recommending that the special tribunal’s report—
(a)
be rejected; or
(b)
be accepted, with or without modifications.
(2)
The Environment Court must, as appropriate,—
(a)
include a draft water conservation order; or
(b)
recommend that the application be declined.
(3)
The Environment Court must also provide to the relevant regional planning committee, for inclusion in the plan for the region, draft provisions that give effect to the water conservation order.
(4)
The Environment Court must ensure that its report is publicly notified in whatever way the Court thinks fit.
Compare: 1991 No 69 s 213
Making, and revoking or amending, water conservation order
379 Making of water conservation order
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make a water conservation order for any water body.
(2)
The Minister may make a recommendation to the Governor-General, but only in accordance with—
(a)
the report of the special tribunal prepared under section 373, if the Environment Court has not conducted an inquiry; or
(b)
the report prepared by the Environment Court under section 378, if the Environment Court has conducted an inquiry.
(3)
A water conservation order is 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. | ||||
380 Reasons for not accepting recommendation
(1)
This section applies if the Minister decides not to recommend that the Governor-General make the order, even if—
(a)
a special tribunal recommends under section 373 that an order be made; or
(b)
the Environment Court recommends under section 378 that an order be made.
(2)
The Minister must,—
(a)
within 20 sitting days after making the decision, present a written statement to the House of Representatives, setting out the reasons for that decision; and
(b)
within 20 working days after making the decision, serve a copy of that statement on—
(i)
the applicant; and
(ii)
every person who made a submission to the special tribunal or the Environment Court.
Compare: 1991 No 69 s 215
381 Revocation or amendment of water conservation order
(1)
The following apply until the expiry of 2 years after the date on which a water conservation order is made:
(a)
an application must not be made to the Minister to revoke the order; and
(b)
the Minister must reject an application made under subsection (2) to amend an order, unless the Minister is satisfied that the amendment—
(i)
will have no more than minor effect; or
(ii)
is of a technical nature and would enable the order to better achieve the purpose for which it was made; and
(c)
the Minister must not recommend to the Governor-General that an order be made—
(i)
to revoke the order; or
(ii)
to amend the order, unless the Minister is satisfied that the amendment is minor or technical in nature and would enable the order to better achieve the purpose for which it was made.
(2)
Any person may apply to the Minister to revoke or amend a water conservation order, stating the reasons for the application.
(3)
Except as provided in subsections (1) and (4), an application to revoke or amend an order must be dealt with in the same manner as an application for an order made under section 366.
(4)
If the Minister receives an application under subsection (2), the Minister may recommend that the order be amended, if—
(a)
the Minister is of the opinion that the application should not be rejected but, because the amendment would have only minor effect, there is no need to hold an inquiry; and
(b)
the original applicant for the order (if that person can be located) and the regional council agree to the amendment.
(5)
The Governor-General may by Order in Council made on the recommendation of the Minister under subsection (4), amend the order.
(6)
An order made under subsection (5) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1991 No 69 s 216
| 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. | ||||
382 Legal effect of water conservation order
(1)
A water conservation order does not affect or restrict a resource consent granted, or lawful use established, in respect of the water body before the order was made.
(2)
If a water conservation order is operative, the relevant consent authority—
(a)
must not grant a water permit, coastal permit, or discharge permit that would be inconsistent with a restriction or prohibition or other provision of the order:
(b)
must not grant a water permit, coastal permit, or discharge permit unless the grant of such a permit or the combined effect of the grant of such a permit and existing permits relating to the water body affected by the order are such that the water conservation order can remain without change or variation:
(c)
must, in granting any water permit, coastal permit, or discharge permit, impose any conditions necessary to ensure that the provisions of the water conservation order are not compromised.
Compare: 1991 No 69 s 217
383 Relationship between plans and water conservation order
(1)
Plans must give effect to a water conservation order.
(2)
When considering an application for a resource consent, a consent authority must take into account any relevant water conservation order.
(3)
Subsection (2) applies only if section 382 does not apply.
Compare: 1991 No 69 s 69
Amendments to plan if water conservation order granted
384 Plan to be amended if water conservation order granted
(1)
If a water conservation order is made under section 379, the Minister must give written notice to the relevant regional planning committees of any changes to plans recommended by the special tribunal or the Environment Court under this subpart.
(2)
When a water conservation order is made, the relevant regional planning committees for a region or district affected by the water conservation order must, as soon as practicable, and without using the process under Schedule 6, amend their plans to incorporate the changes notified by the Minister in relation to the water conservation order.
Subpart 2—Freshwater farm plans
385 Purpose
The purpose of this subpart is to better control the adverse effects of farming on freshwater and freshwater ecosystems within specified districts, regions, or parts of New Zealand through the use of certified freshwater farm plans.
Compare: 1991 No 69 s 217A
386 Interpretation
In this subpart, unless the context otherwise requires,—
auditor means a person who—
(a)
is appointed under section 395 or by an approved industry organisation; and
(b)
meets the criteria prescribed in regulations made under section 398(1)(i)
certification and audit services means the services prescribed for the purposes of section 396 in regulations (if any) prescribed under section 398
certified freshwater farm plan means a freshwater farm plan certified under section 391, or as amended from time to time in accordance with section 389(2) or (3)
certifier means a person who—
(a)
is appointed under section 395 or by an approved industry organisation; and
(b)
meets the criteria prescribed in regulations made under section 398(1)(i)
farm means a farm where all or part of the farm is—
(a)
arable land use; or
(b)
horticultural land use; or
(c)
pastoral land use; or
(d)
other agricultural land use prescribed in regulations; or
(e)
any combination of the land uses listed in this definition
farm operator means the person with ultimate responsibility for the operation of a farm
horticultural land use means the use of land to grow food or beverage crops for human consumption (other than arable crops), or flowers for commercial supply
pastoral land use means the use of land for the grazing of livestock
relevant regional council means the regional council (as defined in section 11) in whose jurisdiction the farm is located
specified instrument means any designation, regulations made under a relevant empowering provision in this Act, including the national planning framework, resource consent, rule in a plan, or water conservation order
statutory land use area threshold,—
(a)
in relation to a land use described in any of paragraphs (a), (b), (c), and (e) of section 388(1), means the area specified in that section for that land use:
(b)
in relation to the land use described in section 388(1)(d), means the area prescribed in regulations made under section 398 for that land use.
Compare: 1991 No 69 s 217B
387 Application of this subpart
(1)
This subpart applies only—
(a)
to a region, district, or part of New Zealand specified in an Order in Council under this section; and
(b)
on and from the date specified in the Order in Council.
(2)
The Governor-General may, by Order in Council, on the recommendation of the Minister, determine—
(a)
that this subpart applies to a specified district, region, or part of New Zealand; and
(b)
the date on which this subpart applies to that district, region, or part of New Zealand.
(3)
The Governor-General may, by Order in Council on the recommendation of the Minister, in relation to a region, district, or part of New Zealand to which this subpart applies,—
(a)
disapply a statutory land use area threshold; or
(b)
disapply a statutory land use area threshold and prescribe a higher land use area threshold in its place.
(4)
Before making a recommendation under subsection (2) or (3), the Minister must—
(a)
be satisfied that the order is necessary to achieve the purpose of this subpart in the specified district, region, or part of New Zealand; and
(b)
consult the Minister of Agriculture.
(5)
An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1991 No 69 s 217C
| 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. | ||||
388 Farm must have certified freshwater farm plan if it meets land use threshold
(1)
A farm must have a certified freshwater farm plan if—
(a)
20 or more hectares of the farm are under arable land use; or
(b)
5 or more hectares of the farm are under horticultural land use; or
(c)
20 or more hectares of the farm are under pastoral land use; or
(d)
a prescribed area of the farm is under other agricultural land use prescribed in regulations made under section 398; or
(e)
20 or more hectares of the farm are under a combination of any 2 or more of the land uses described above.
(2)
However,—
(a)
if an order made under section 387(3)(a) disapplies a statutory land use area threshold, a farm is not subject to that threshold; and
(b)
if an order made under section 387(3)(b) disapplies a statutory land use area threshold and prescribes a higher land use area threshold in its place, a farm is subject to the higher threshold.
(3)
A certified freshwater farm plan applies to the entire farm.
Compare: 1991 No 69 s 217D
389 Main duties of farm operators
(1)
A farm operator of a farm that is required to have a certified freshwater farm plan must—
(a)
prepare a freshwater farm plan in accordance with this subpart and regulations made under section 398; and
(b)
submit the plan to a certifier for certification; and
(c)
ensure that the farm operates in compliance with the certified freshwater farm plan; and
(d)
arrange for the farm to be audited in accordance with this subpart and regulations for compliance with the certified freshwater farm plan.
(2)
A farm operator must keep the certified freshwater farm plan fit for purpose by—
(a)
amending the plan as necessary to reflect any changes in the farm; and
(b)
amending the plan as necessary to comply with this subpart and regulations.
(3)
A farm operator must amend and recertify a certified freshwater farm plan if any circumstances prescribed by regulations made under section 398 apply.
Compare: 1991 No 69 s 217E
390 Contents of freshwater farm plan
(1)
A freshwater farm plan must—
(a)
identify any adverse effects of activities carried out on the farm on freshwater and freshwater ecosystems; and
(b)
specify requirements that—
(i)
are appropriate for the purpose of avoiding, minimising, or remedying the adverse effects of those activities on freshwater and freshwater ecosystems; and
(ii)
are clear and measurable; and
(c)
demonstrate how any freshwater farm plan outcomes prescribed in regulations made under section 398 are to be achieved; and
(d)
comply with any other requirements in regulations made under section 398.
(2)
See section 397 (which states when a specified instrument prevails over a freshwater farm plan).
Compare: 1991 No 69 s 217F
391 Certification of freshwater farm plan
(1)
The farm operator must, within the prescribed time frame, submit a freshwater farm plan to a certifier.
(2)
The certifier must certify a freshwater farm plan if the certifier is satisfied that the plan complies with the requirements in section 390.
(3)
The certifier must, as soon as practicable, notify the relevant regional council—
(a)
that the freshwater farm plan has been certified; and
(b)
of the date on which it was certified.
(4)
This section applies, with any necessary modifications, to a certified freshwater farm plan that is required by regulations made under section 398 to be amended and recertified.
Compare: 1991 No 69 s 217G
392 Audit of farm for compliance with certified freshwater farm plan
(1)
A farm operator must—
(a)
arrange, within the prescribed time frame, for an auditor to audit the farm for compliance with the certified freshwater farm plan; and
(b)
arrange for further audits to be carried out at the frequency required by regulations made under section 398.
(2)
The audit must be completed in the manner prescribed in regulations made under section 398.
(3)
The farm operator must provide the auditor with—
(a)
an up-to-date copy of the certified freshwater farm plan and any relevant information; and
(b)
any further information that the auditor reasonably requests for the purpose of the audit; and
(c)
reasonable access to the farm (or any part of it) for the purpose of any audit inspection.
(4)
After completing the audit, the auditor must—
(a)
provide the farm operator with a report of the auditor’s findings on whether the farm achieves compliance with the certified freshwater farm plan; and
(b)
if the auditor finds that the farm achieves compliance, provide that report to the relevant regional council.
(5)
If the auditor finds that the farm fails to achieve compliance with the certified freshwater farm plan,—
(a)
the auditor’s report—
(i)
must include reasons why the farm failed to achieve compliance; and
(ii)
must specify reasonable time frames by which compliance must be achieved; and
(iii)
may include recommendations on how compliance may be achieved; and
(b)
the auditor must give the farm operator a reasonable opportunity to respond to the report; and
(c)
the auditor must, after the prescribed period has expired, provide the farm operator and the relevant regional council with a final report—
(i)
setting out the auditor’s findings (including the findings of the first report); and
(ii)
stating whether compliance was achieved; and
(iii)
including any recommendations from the auditor.
Compare: 1991 No 69 s 217H
393 Functions of regional councils
(1)
For the purposes of this subpart, a regional council has the following functions:
(a)
to enforce the observance of the requirements of this subpart and regulations made under section 398 to the extent that their powers under this Act enable them to do so; and
(b)
to monitor compliance by farm operators with their duties under this subpart and with any requirements in regulations made under section 398; and
(c)
to receive notifications of freshwater farm plans that have been certified; and
(d)
to receive audit reports and related notifications from auditors; and
(e)
to approve industry organisations to provide certification and audit services; and
(f)
to appoint certifiers and auditors under section 395; and
(g)
to monitor and audit approved industry organisations for compliance with the standards issued under section 396(2).
(2)
A regional council may require a farm operator to produce a certified freshwater farm plan for inspection.
Compare: 1991 No 69 s 217I
394 Records that must be kept by regional council
A regional council must keep and maintain, in relation to each farm in its jurisdiction, a record of—
(a)
whether the farm has a certified freshwater farm plan; and
(b)
the date that the plan was last certified; and
(c)
the date that the farm was last audited for compliance with the plan; and
(d)
any other information required by regulations made under section 398.
Compare: 1991 No 69 s 217J
395 Regional council must appoint certifiers and auditors
(1)
A regional council must—
(a)
appoint 1 or more certifiers; and
(b)
appoint 1 or more auditors.
(2)
A regional council may make an appointment under this section only if satisfied that the criteria prescribed in regulations made under section 398 have been met.
Compare: 1991 No 69 s 217K
396 Regional council may approve industry organisation to provide certification or audit services
(1)
A regional council may give approval to an industry organisation that applies to the council to provide certification and audit services under this subpart if the council is satisfied that the organisation meets the standards issued under subsection (2).
(2)
The Minister may, by notice in the Gazette, issue standards by which industry organisations must be assessed for the purpose of determining their suitability to be an approved industry organisation.
(3)
Standards may also—
(a)
set out the kind of organisation eligible to be approved for the purposes of this subpart; and
(b)
include content and processes to provide for compliance with the standards, for example, by requiring the industry to run training programmes and ensuring that conflicts are appropriately managed.
(4)
A regional council may request information from an approved industry organisation that the council considers reasonably necessary for carrying out their functions under section 393(1)(e) and (g).
397 Relationship between certified freshwater farm plan and specified instruments
(1)
A certified freshwater farm plan may contain a requirement that—
(a)
relates to an activity carried out on the farm (an activity) even if there is no similar requirement relating to that activity in a provision of a specified instrument:
(b)
restricts an activity more than the activity would be restricted by the provision of a specified instrument.
(2)
However, if a provision of a specified instrument restricts an activity more than a requirement of a freshwater farm plan, the provision of the specified instrument prevails.
(3)
To avoid doubt, compliance with a requirement of a certified freshwater farm plan—
(a)
does not of itself authorise a person to undertake an activity:
(b)
may be specified or included as a requirement or condition in any specified instrument relating to an activity.
Compare: 1991 No 69 s 217L
398 Regulations relating to freshwater farm plans
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister after consulting the Minister of Agriculture, make regulations that—
(a)
prescribe crops for the purpose of the definition of arable land use in section 11:
(b)
prescribe agricultural land uses for the purpose of the definition of farm in section 386:
(c)
prescribe the area of land described in section 388(1)(d) (in relation to agricultural land use prescribed under paragraph (b)):
(d)
provide for the content of a freshwater farm plan, including specifying—
(i)
any requirements, including any actions, criteria, methods, or thresholds for the purpose of identifying, measuring, avoiding, minimising, or remedying any adverse effects of activities carried out on the farm on freshwater and freshwater ecosystems; and
(ii)
freshwater farm plan outcomes that must be achieved for the purpose of avoiding, minimising, or remedying those adverse effects on freshwater and freshwater ecosystems; and
(iii)
any other information that must be included in the plan for the purpose of this subpart:
(e)
provide for the form and manner in which a freshwater farm plan must be certified, including (without limitation) prescribing—
(i)
time frames that must be complied with by the farm operator and certifier; and
(ii)
any fees payable by the farm operator or the manner of calculating those fees:
(f)
prescribe the circumstances in which a certified freshwater farm plan must be amended and recertified:
(g)
prescribe requirements for the approval of industry organisations under section 396, including any further obligations for approved industry organisations:
(h)
for the purpose of audits of farms for compliance with certified freshwater farm plans, prescribe—
(i)
the time frame by which a farm must be audited; and
(ii)
the frequency at which those audits must be carried out; and
(iii)
the manner in which an audit must be completed; and
(iv)
the period after which the auditor must provide their final report under section 392(5)(c); and
(v)
any matters that an auditor must take into account when considering whether the farm achieves compliance with the certified freshwater farm plan; and
(vi)
any fees payable by the farm operator or the manner of calculating those fees:
(i)
prescribe criteria that apply to the appointment of a person as an auditor or certifier and their continuation in that role:
(j)
require auditors, certifiers, and farm operators to supply prescribed information to regional councils for the purpose of section 393:
(k)
prescribe information that a regional council must keep in relation to farms in its jurisdiction:
(l)
prescribe infringement offences for the contravention of, or non-compliance with, a provision of this subpart or of any regulations made under this section:
(m)
provide for any other matters that are contemplated by, or necessary for giving full effect to, this subpart and for its due administration.
(2)
Regulations under this section may apply generally or to specified districts, regions, or parts of New Zealand.
(3)
Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1991 No 69 s 217M
| 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. | ||||
Subpart 3—Effect of certain nutrients on quality and ecosystems of freshwater
399 Purpose
(1)
The purpose of this subpart is to enable better monitoring of actions taken to improve freshwater quality and freshwater ecosystems.
(2)
To inform the planning and management for freshwater under this Act, information must be collected on the sale of nitrogenous fertilisers.
Compare: 1991 No 69 s 217N
400 Meaning of nitrogenous fertiliser
In this subpart, nitrogenous fertiliser means a fertiliser containing any nitrogenous substance, whether solid or liquid in form, that—
(a)
is applied to plants or soil as a source of nitrogen nutrition for plants; and
(b)
comprises more than 5% of nitrogen weight for weight.
Compare: 1991 No 69 s 217O
401 Obligation to comply with regulations
(1)
This section applies if regulations made under section 402 are in force.
(2)
Persons of a class specified in the regulations must comply with requirements in the regulations that relate to—
(a)
the collection of information relating to or arising from the sale and purchase of nitrogenous fertiliser; and
(b)
the provision of the information to the EPA, a regional council, a specified agency, or a specified person or class of persons.
Compare: 1991 No 69 s 217P
402 Regulations
(1)
The Governor-General may, by Order in Council, make regulations that—
(a)
require persons of a specified class to collect the following information relating to or arising from the sale and purchase of nitrogenous fertiliser:
(i)
the date and place of purchase; and
(ii)
the names of the seller or both the seller and purchaser; and
(iii)
the type of fertiliser purchased; and
(iv)
the volume of fertiliser purchased; and
(v)
where the fertiliser is intended to be applied; and
(b)
prescribe how the information is to be collected; and
(c)
require the persons specified under paragraph (a) to provide the information to 1 or more of the following:
(i)
the EPA:
(ii)
a regional council:
(iii)
a specified person or class of persons:
(iv)
a specified agency; and
(d)
specify how, and the frequency at which, the information must be provided; and
(e)
allow the personal information of a purchaser to be collected only if their purchase exceeds a specified volume of nitrogenous fertiliser.
(2)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1991 No 69 s 217
| 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. | ||||
Subpart 4—Contaminated land
403 Purpose
The purpose of this subpart is to provide a framework, based on the polluter pays principle, for the management of contaminated land so that—
(a)
those who cause or allow contamination to occur bear the costs of managing the contamination in order to prevent or remedy harm to human health and the environment; and
(b)
the owner of the land is responsible for managing the contamination in accordance with this subpart; and
(c)
the land is managed—
(i)
to prevent harm to human health and the environment; and
(ii)
to minimise any further harm to human health and the environment.
404 Polluter pays principle
In this subpart, the polluter pays principle means the principle that those who produce pollution should bear the costs of managing it to prevent damage to human health and the environment.
Landowner’s obligations
405 Landowner’s obligations when land used for activity or industry listed in HAIL
(1)
If land is used for an activity or industry listed in the HAIL, the landowner must—
(a)
notify the regional council of the nature and duration of the activity or industry; and
(b)
notify the regional council of any environmental investigations undertaken on that land; and
(c)
provide the regional council with any reports of those environmental investigations; and
(d)
comply with any requirements in regulations made under section 151(g).
(2)
The landowner must comply with their obligations in subsection (1) within the prescribed time frames.
406 Landowner obligations when land is contaminated
(1)
If land is contaminated to the extent that it poses an unacceptable risk to human health or the environment, the landowner must—
(a)
notify the regional council of the contamination; and
(b)
manage, investigate, and monitor the contamination to ensure that its concentrations—
(i)
do not exceed an environmental limit; and
(ii)
do not pose an unacceptable risk to human health or the environment; and
(c)
provide the regional council with any reports of any activities described in paragraph (b); and
(d)
comply with any requirements in regulations made under section 151(g).
(2)
The landowner must comply with their obligations in subsection (1) within the prescribed time frames.
Regional council obligations
407 Obligations of regional council
(1)
A regional council must,—
(a)
identify all HAIL land within its boundaries; and
(b)
use available information to determine which land within its boundaries is contaminated land; and
(c)
inform landowners of their obligations under section 406; and
(d)
help landowners to understand their obligations under this subpart; and
(e)
keep and maintain, on a publicly available register, an up-to-date record of the following information:
(i)
all HAIL land within its boundaries; and
(ii)
all contaminated land within its boundaries; and
(iii)
the nature, extent, and severity of contamination found in contaminated land within its boundaries; and
(iv)
the management and remediation of contaminated land within its boundaries.
(2)
In this section, HAIL land means land that is, or has been, used for an activity or industry listed in the HAIL.
Territorial authority duties
408 Duties of territorial authority when considering consent application to develop, subdivide, or use contaminated land
When considering a consent application for an activity under section 286 to develop, subdivide, or use contaminated land a territorial authority must—
(a)
consider—
(i)
the environmental effects of the activity; and
(ii)
whether and how the activity will benefit the environment; and
(b)
control the use and development of the contaminated land in order to—
(i)
prevent any adverse effects or likely adverse effects on human health or the environment that result from the activity; and
(ii)
mitigate those adverse effects.
Significant contaminated land sites
409 Classification of significant contaminated land sites
(1)
The Minister may classify or declassify a site as a significant contaminated land site—
(a)
on the application of the EPA or the local authority that is the regulator in relation to the site; or
(b)
at the Minister’s own initiative.
(2)
The Minister must consult the EPA and relevant local authority before making a decision under subsection (1).
(3)
The Minister’s decision must—
(a)
be notified in writing to the local authority, the landowner of the site, and the EPA; and
(b)
include reasons; and
(c)
state the date on which the decision takes effect.
(4)
Land may be classified as a significant contaminated land site if—
(a)
the site is contaminated land; and
(b)
the site is significant because of factors that include (in order of importance)—
(i)
the scale of the contamination:
(ii)
the location of the land:
(iii)
the proximity of the site to water or a water body or to land that is culturally or environmentally sensitive.
EPA
410 EPA’s role in relation to significant contaminated land sites
(1)
If the Minister classifies a site as a significant contaminated land site under section 409,—
(a)
the EPA is the lead regulator in relation to that site; and
(b)
for that purpose, the EPA has all the functions and powers of the local authority and the regional council under this subpart.
(2)
The EPA’s role as lead regulator in relation to the site—
(a)
commences on the date on which the Minister’s decision to classify the site under section 409 takes effect; and
(b)
ends on the date on which the Minister’s decision to declassify the site under section 409 takes effect.
(3)
The EPA must ensure that, in exercising its role as lead regulator, it does not conflict with the local authority’s role as regulator in relation to the site.
(4)
The powers and functions of the EPA conferred under subsection (1)(b) are in addition to its other functions and powers under this Act.
Costs of pollution
411 Identifying the polluter
A polluter, in relation to contaminated land, means a person who has directly or indirectly, or through neglect or wilful inactivity, caused or allowed a discharge of a contaminant into the environment.
412 EPA must consult local authority before taking action
The EPA must consult with the local authority before the EPA takes action under this subpart in relation to contaminated land to—
(a)
prevent or remedy any adverse effects on the environment as a result of the polluter’s actions (in allowing or causing the discharge of a contaminated into the environment); and
(b)
carry out remediation to prevent or remedy harm to human health and the environment from the contaminated land.
413 Actual and reasonable costs may be recovered from polluter
If the identity of a polluter of contaminated land has been confirmed through the local authority’s execution of an enforcement order, a local authority or the EPA may, in accordance with Part 11, recover from the polluter the actual and reasonable costs that the authority or EPA has incurred in taking action under this subpart.
414 EPA may recover costs from local authority
(1)
If the EPA is unable to recover costs from a polluter of contaminated land,—
(a)
the EPA may recover from the local authority the actual and reasonable costs it has incurred in taking actions under this subpart for the purpose of section 412(a) and (b); and
(b)
in deciding the EPA’s proportion of costs to be recovered, the EPA must take into account any events that were outside the local authority’s control.
(2)
If the local authority disagrees with the costs claimed by the EPA, the local authority may apply to the Environment Court for a determination of the proportion of costs it should bear.
Subpart 5—Places of national importance, areas of highly vulnerable biodiversity, and effects management
415 Interpretation
In this subpart,—
closed register means a register of the kind described in section 421
conservation planning document means any of the following documents that is operative and relevant and made under the Conservation Act 1987 or an Act specified in Schedule 1 of that Act:
(a)
a conservation management strategy:
(b)
a conservation management plan:
(c)
a national park management plan
critical habitat means an area that is essential for the long-term viability of a nationally critical species, and includes areas that highly mobile animals rely on for an essential part of their life cycle
highly vulnerable biodiversity area and HVBA mean an area that is highly vulnerable because it meets 1 or more of the criteria set out in section 430
nationally critical species means a species described in the New Zealand Threat Classification System as a nationally critical species
place of national importance means any of the following:
(a)
an area of the coastal environment (including the coastal marine area and estuaries), or a wetland, or lake or river and its margins that has outstanding natural character on a national scale:
(b)
a natural feature (including geoheritage) or a natural landscape that is identified in the national planning framework as being outstanding on a national scale:
(c)
specified cultural heritage:
(d)
a significant biodiversity area
responsible Minister has the meaning given in section 164.
Places of national importance
416 Purpose of sections 417 to 426
(1)
The purpose of sections 417 to 426 is to ensure that the attributes of places of national importance are recognised, protected, and sustained for their intrinsic value and for the benefit of both present and future generations.
(2)
Subsection (1) applies despite anything in this Act that is contrary to, or inconsistent with, the purpose stated in that subsection.
417 Identification of places of national importance
(1)
The national planning framework—
(a)
must identify every place that is a natural feature (including geoheritage) or a natural landscape that is outstanding on a national scale; and
(b)
may identify other places of national importance.
(2)
Every plan must identify each place in the region that is a place of national importance in accordance with any relevant provisions in the national planning framework.
(3)
However, subsection (2) does not apply in the case of significant biodiversity areas that are—
(a)
in the coastal marine area or in a freshwater body; and
(b)
exempt from the requirement described in subsection (2) by the national planning framework.
(4)
In determining whether any part of the coastal marine area should be exempt from the requirement of subsection (2), the Minister must consider—
(a)
the cost of identifying and assessing the biodiversity in the area; and
(b)
the likelihood of any person seeking to carry out an activity in the area that could have a more than minimal adverse effect on its biodiversity values; and
(c)
whether identifying the biodiversity values in the area will improve investment certainty.
(5)
A significant biodiversity area described in subsection (3) may be identified in a plan.
(6)
The national planning framework must not exempt any area that—
(a)
is an intertidal area or land not covered by water; or
(b)
meets the criteria for the requirement described in subsection (2) (see section 418), if a consenting authority or regional planning committee has previously determined that the area is a significant biodiversity area.
(7)
A place may be identified by using maps or words (or both), as long as all affected properties are clearly identified.
(8)
The provisions that identify a place must set out the attributes or values that make it a place of national importance.
(9)
A decision that a place is specified cultural heritage does not affect the New Zealand Heritage List/Rārangi Kōrero.
(10)
A person determining whether an area is a significant biodiversity area must have regard to mātauranga Māori.
(11)
Every regional planning committee must treat its approach to identifying places of national importance as draft strategic content (see clause 20 of Schedule 6).
418 Criteria to be prescribed for identifying significant biodiversity areas
(1)
The responsible Minister must set criteria for identifying significant biodiversity areas in the national planning framework.
(2)
Before specifying criteria, the responsible Minister must seek written advice from the environmental limits and targets review panel (see clause 3 of Schedule 5), including advice on—
(a)
whether, in the opinion of the panel, the criteria proposed by the responsible Minister are scientifically robust; and
(b)
any other matter that the responsible Minister considers relevant.
419 Considerations relevant to setting criteria
(1)
The criteria specified under section 418 must be based on the following considerations:
(a)
representativeness, meaning the extent to which an indigenous ecosystem, consisting of the habitat of indigenous biota in an area, is characteristic of the indigenous biodiversity within the context and scale of the area concerned:
(b)
diversity and pattern, meaning the extent to which the expected range of diversity and pattern of biological and physical components is present in an area within the appropriate assessment scale:
(c)
rarity and distinctiveness, meaning the presence of rare or distinctive indigenous species, vegetation, ecosystems, animal communities, or habitat of indigenous biota:
(d)
ecological context, meaning the extent to which the size, shape, connectivity, and configuration of an indigenous ecosystem or habitat of indigenous biota contributes to the maintenance of indigenous biodiversity within the surrounding land-based and aquatic environments.
(2)
Despite subsection (1), the criteria for significant biodiversity areas in the coastal marine area may exclude representativeness in part or all of the coastal marine area.
420 Protection of places of national importance
(1)
Despite anything to the contrary in sections 21 to 29, a person must not carry out an activity that would have more than a minimal adverse effect on the attributes that make an area a place of national importance, unless—
(a)
the activity is expressly allowed by or under a framework rule made in accordance with the requirements set out in sections 422 to 425; or
(b)
the activity is part of a protected customary right; or
(c)
the activity is carried out under a customary marine title order or customary marine title agreement; or
(d)
the activity is described in section 43 of the Te Urewera Act 2014.
(2)
Subsection (1) applies to a place of national importance, but only if that place is—
(a)
identified in—
(i)
the national planning framework or a proposed part of the framework; or
(ii)
a plan or proposed plan; or
(iii)
in the case of a cultural heritage place, a closed register; or
(b)
a significant biodiversity area that is not identified, but only if—
(i)
substantive new information has become available to establish that the place meets the criteria (see section 418); or
(ii)
the place had not been assessed when the relevant provisions to identify significant biodiversity areas were made, and the place meets the criteria.
(3)
Subsection (1) does not apply to a significant biodiversity area that is identified if substantive new information becomes available to establish that the place does not meet the criteria (see section 418).
(4)
If there is good reason to consider that a plan is incomplete or inaccurate, a consenting authority or requiring authority, as the case may be, must make reasonable efforts to establish whether an area affected by an activity is a significant biodiversity area before the authority—
(a)
issues a permitted activity notice; or
(b)
grants a resource consent; or
(c)
makes a designation.
(5)
Subsection (4) does not apply if the activity is fishing (other than aquaculture) authorised under the Fisheries Act 1996.
421 Provision may be made for cultural heritage to be identified in closed register
(1)
A plan may provide for cultural heritage to be identified in a closed register if—
(a)
a person (the requester) makes a request to the relevant regional planning committee; and
(b)
the requester provides good reason why the precise location of the cultural heritage should not be shown in a plan.
(2)
If the request is accepted, the requester must determine that either the requester or the local authority is to hold the information provided under subsection (1)(b).
(3)
If cultural heritage is identified only in a closed register, the maps included in the plan must include—
(a)
a notation to indicate the general location of the cultural heritage, a name or unique identifier, and a description of the cultural heritage; and
(b)
information on how a requiring authority or a person wishing to apply for a consent can obtain—
(i)
confirmation as to whether the cultural heritage is within the area of the consent application; and
(ii)
information as to whether an activity may have a more than minimal effect on the attributes of any specified cultural heritage.
(4)
The person holding the information must respond within 10 working days to any request made under subsection (3)(b).
422 Activities with more than minimal adverse effects on places of national importance
(1)
The responsible Minister may include framework rules in the national planning framework to allow an activity with more than minimal adverse effects on the attributes that make an area a place of national importance, either as—
(a)
a permitted activity; or
(b)
an activity authorised by a resource consent.
(2)
However, a rule must not be made other than for a type of activity that is eligible under section 425.
(3)
A rule must be designed to diminish the adverse effects on an attribute to the greatest extent that is compatible with enabling the activity to proceed.
(4)
Subsection (3) does not apply to rules relating to—
(a)
activities with adverse effects on specified cultural heritage or significant biodiversity areas; or
(b)
activities described in section 425(1)(k) or (r).
(5)
A rule may also impose other requirements, including for monitoring and reporting purposes.
423 Application of rules to class of activities or particular activities
(1)
A rule made under section 422 may apply to a class of activity or a particular activity.
(2)
A rule that applies to a class of activity may provide that an activity or the class of activity is allowed only if 1 or more of the following circumstances applies:
(a)
the activity must be located, for functional or operational reasons, in a particular place, despite the fact that it will generate adverse effects:
(b)
there is no reasonably practicable alternative location:
(c)
the activity would, were it to be carried out in an alternative location, result in a more than minimal adverse effect on the attributes that make a place one of national importance (see section 420).
(3)
The national planning framework may specify what is required for an assessment of alternative locations under subsection (2), including limiting the scope of the assessment to—
(a)
sites within a specified region or district; or
(b)
sites within a specified distance of a particular place of national importance; or
(c)
sites with other specified attributes.
(4)
The financial cost of alternative locations or methods is a relevant consideration in determining whether there is an operational need or a reasonably practicable alternative location under subsection (2).
424 Considerations relevant to making rules
(1)
The responsible Minister must,—
(a)
when determining whether an activity will have nationally significant benefits under section 425(1)(n), have regard to any relevant matters in clause 55(3) of Schedule 10; and
(b)
before determining whether to make a rule for a fishing activity within the scope of section 425(1)(k), consult the Minister responsible for administering the Fisheries Act 1996; and
(c)
before making a rule, consider—
(i)
the purpose of sections 417 to 426; and
(ii)
the principles set out in section 8 (other than those set out in section 8(1)(b), (c), and (d)); and
(iii)
the relative costs (including the social, economic, cultural, and environmental costs) of making a rule; and
(iv)
any alternatives to making a rule that would achieve the objective of the proposed exemption; and
(v)
any other matters that the Minister considers appropriate.
(2)
This section applies instead of the considerations set out in clauses 22(3) and 24(3) of Schedule 5.
(3)
Except as provided in subsection (2), Schedule 5 applies to a framework rule made under section 422.
425 Types of eligible activity
(1)
Rules applying under section 422 may be made only for the following types of activities:
(a)
activities required to deal with a very high risk to public health or safety:
(b)
activities to maintain or restore a significant biodiversity area:
(c)
the customary use of indigenous biodiversity carried out in accordance with tikanga Māori:
(d)
activities on Māori land or on other land required to facilitate the activities on Māori land:
(e)
geothermal development where the effects of the extraction and injection of geothermal water and heat may result in adverse effects on significant biodiversity areas within areas of geothermal activity:
(f)
activities in a place identified as a significant biodiversity area solely because of the presence of a plant species listed as threatened or declining in the New Zealand Threat Classification System, unless the species is rare within the region or ecological area:
(g)
activities lawfully established immediately before the commencement of section 438:
(h)
subdivision that is necessary for another activity described in this subsection:
(i)
activities that will contribute to a system outcome described in section 6(3), including activities that will contribute to the use of renewable energy or the electrification of New Zealand’s economy:
(j)
defence facilities operated by the New Zealand Defence Force to meet its obligations under the Defence Act 1990:
(k)
activities managed under other legislation, as long as the responsible Minister is satisfied that the other legislation provides a similar level of protection to a rule made under section 422(3) or 439 (whichever is relevant):
(l)
the lines, facilities, and associated equipment used or owned by Transpower New Zealand Limited to convey electricity and for associated activities, including access tracks, tree clearance, and maintenance activities:
(m)
infrastructure operated by a lifeline utility operator (see the Civil Defence Emergency Management Act 2002) and any directly associated activity:
(n)
activities that will provide nationally significant benefits, or are part of a network that will provide nationally significant benefits, and that outweigh any adverse effects of the activity:
(o)
in the case of a specified cultural heritage place, activities required to ensure that the place and its cultural heritage values endure:
(p)
activities of the Crown on conservation land and waters that are not inconsistent with any applicable conservation planning document:
(q)
activities carried out by a customary marine title holder in a relevant customary marine title area:
(r)
fishing activities managed under the Fisheries Act 1996, if the Minister is satisfied that any adverse effects on significant biodiversity areas will be avoided, remedied, or mitigated under that Act to the extent necessary to maintain or improve the attributes that make the area a significant biodiversity area.
(2)
In subsection (1)(f), the New Zealand Threat Classification System means the system maintained by the Department of Conservation for—
(a)
assessing the risk of extinction of New Zealand species; and
(b)
classifying the species according to that risk.
426 Rules for places of national importance that may affect other requirements
(1)
A requirement to meet a limit or associated target is not removed if a person complies with a rule made under section 422.
(2)
An adverse effect managed under a rule made under section 422 must not be taken into account by any person—
(a)
in applying any other rule; or
(b)
in making decisions on a notice of requirement.
Areas of highly vulnerable biodiversity
427 Purpose of sections 428 to 436
(1)
The purpose of sections 429 to 436 is to ensure that the attributes of highly vulnerable biodiversity areas are recognised, protected, and sustained for their intrinsic value and for the benefit of both present and future generations.
(2)
Subsection (1) applies despite anything in this Act that is contrary to, or inconsistent with, the purpose stated in that subsection.
428 Identification of HVBAs
(1)
The national planning framework may identify an area as an HVBA.
(2)
Unless the area is no longer an HVBA, a regional planning committee must identify in its plan, in accordance with any relevant provisions of the national planning framework, each area in the region that—
(a)
has previously been determined to meet a criterion in section 430 by a consent authority or the regional planning committee; or
(b)
has been declared to be a critical habitat under section 436.
(3)
However, subsection (2) does not apply if the regional planning committee considers that making public the location of an area would create an undue risk of damage to, or loss of, the attributes that make the area an HVBA.
(4)
A plan may also identify as HVBAs areas other than those identified under subsection (1) or (2).
(5)
The provisions of the national planning framework or a plan that identifies an area as an HVBA must set out the attributes or values of the area that make it an HVBA.
(6)
An HVBA may be identified on a map or by words (or both), as long as the identity of all affected properties is made clear.
(7)
Each regional planning committee must treat its approach to identifying an HVBA as part of its draft strategic content (see clause 20 of Schedule 6).
429 Identification of areas recorded in closed register
(1)
If a regional planning committee does not identify an HVBA in the plan for the reason given in section 428(3), it must identify the area in the closed register held by the relevant consent authorities.
(2)
If an HVBA is identified only in a closed register, the maps provided in the plan must include notation that—
(a)
indicates the general location of the area; and
(b)
provides a name or unique identifier for the area; and
(c)
describes the area; and
(d)
sets out how a requiring authority or a person applying for a consent may obtain information as to whether a particular activity may have a more than minimal adverse effect on the attributes that make the relevant area an HVBA.
(3)
The consent authority holding the information must respond within 10 working days if information is sought under subsection (2)(d).
430 Criteria for identifying HVBAs
(1)
An area is an HVBA if it meets 1 or more of the following criteria:
(a)
the area is a critical habitat of 1 or more nationally critical species:
(b)
the area is part of a critically endangered ecosystem:
(c)
the area includes residual indigenous ecosystems in a critically threatened area of land (including both terrestrial and wetland areas):
(d)
the area includes an ecosystem that is 1 of the few and best remaining examples nationally of that type of ecosystem:
(e)
the area includes any naturally rare or threatened indigenous marine ecosystems, communities, or habitats.
(2)
Any person making a determination as to whether an area is an HVBA must have regard to mātauranga Māori.
431 Protection of HVBAs
(1)
Despite anything to the contrary in sections 21 to 29, a person must not carry out an activity that would have a more than minimal adverse effect on the attributes that make an area an HVBA, unless—
(a)
the activity is expressly allowed by or under a framework rule made under section 432; or
(b)
the activity is part of a protected customary right; or
(c)
the activity is fishing (other than aquaculture) in the coastal marine area that is authorised under the Fisheries Act 1996 and the area has not been—
(i)
identified as an HVBA in the national planning framework, an NPF proposal, or a plan, or a proposed plan; or
(ii)
identified as an HVBA in a regional spatial strategy; or
(iii)
declared to be a critical habitat under section 436; or
(iv)
determined as meeting a criterion in section 430 by a consenting authority; or
(d)
the activity is one described in section 43 of the Te Urewera Act 2014.
(2)
Subsection (1)(c)(iv) does not apply if a determination is subject to an appeal.
(3)
If there is good reason to consider that a plan is incomplete or inaccurate, a consenting authority or requiring authority, as the case may be, must make reasonable efforts to establish whether an area affected by an activity is a highly vulnerable biodiversity area before the authority—
(a)
issues a permitted activity notice; or
(b)
grants a resource consent; or
(c)
makes a designation.
(4)
An HVBA is protected whether or not it has been identified under section 423.
432 Rules to allow activities with more than minimal adverse effects on HVBAs
(1)
The responsible Minister may include rules in the national planning framework for an activity with more than minimal adverse effects on the attributes that make an area an HVBA.
(2)
A rule made under subsection (1) may—
(a)
allow the activity as a permitted activity; or
(b)
provide for the activity to be authorised by a resource consent.
(3)
However, a rule made under this section must be designed to diminish the adverse effects on an attribute to the greatest extent compatible with enabling the activity to proceed.
(4)
Rules may be made under this section only for an activity that is an eligible activity under section 434, but may impose other requirements such as for monitoring and reporting purposes.
433 Rules for highly vulnerable biodiversity areas that may affect other requirements
(1)
A requirement to meet a limit or associated target is not removed if a person complies with a rule made under section 432.
(2)
An adverse effect managed under a rule made under section 432 must not be taken into account by any person—
(a)
in applying any other rule; or
(b)
in making decisions on a notice of requirement.
434 Types of eligible activity
Rules applying under section 432 may be made only for the following types of activities:
(a)
activities on Māori land:
(b)
activities in a plantation forest, but only if the forest is managed so as to maintain, for the long term, a population of a species in the HVBA that is—
(i)
a threatened species:
(ii)
an at-risk species:
(c)
activities to maintain or restore indigenous biodiversity, including by pest control, but only if—
(i)
the activities do not involve the permanent destruction of significant habitat of indigenous biodiversity; or
(ii)
they will result in a demonstrable gain for indigenous biodiversity over the long term:
(d)
activities undertaken by or on behalf of the Crown on conservation land or waters that—
(i)
are not inconsistent with any relevant conservation planning document; and
(ii)
do not have a significant adverse effect beyond the boundaries of the conservation land or water:
(e)
research activities that have no more than minor adverse effects, but only if the scientific value of the research outweighs those effects:
(f)
activities that cannot practicably be located outside the HVBA and are reasonably necessary for constructing, operating, or maintaining a scheme that will make a nationally significant contribution to managing, in respect of the electricity industry, the risks of—
(i)
a dry year; or
(ii)
intermittent supply caused by reliance on renewable sources of energy such as wind and solar energy.
435 Considerations relevant to making rules
(1)
The responsible Minister, before making a rule, must consider—
(a)
the purpose of sections 429 to 436; and
(b)
the principles set out in section 8 (other than those set out in section 8(1)(b), (c), and (d)); and
(c)
the relative cost of making a rule, including the social, economic, cultural, and environmental costs; and
(d)
any alternatives to making a rule that would achieve the objective of the proposed exemption; and
(e)
any condition that should be imposed; and
(f)
any other matter that the responsible Minister considers relevant.
(2)
In determining rules under this section, a board of inquiry or the Minister must not, despite subsection (1)(e), consider the requirements for making rules described in clauses 22(3) and 24(3) of Schedule 5.
(3)
Otherwise, the requirements for framework rules set out in Schedule 5 apply to rules made under section 432.
436 Power to declare critical habitat
(1)
The Minister of Conservation may, by notice in the Gazette, declare an area to be a critical habitat.
(2)
A declaration must not be made unless the area is essential for the long-term viability of a nationally critical species.
(3)
An area that is a critical habitat is an HVBA whether or not it has been declared a critical habitat under this section.
Effects management
437 Effects management framework
(1)
The effects management framework is a means of managing adverse effects as follows:
(a)
adverse effects must be avoided wherever practicable:
(b)
any adverse effects that cannot be avoided must be minimised wherever practicable:
(c)
any adverse effects that cannot be avoided or minimised must be remedied wherever practicable:
(d)
any remaining adverse effects that cannot be avoided, minimised, or remedied must be offset, wherever practicable, in accordance with Schedule 3 or 4, whichever applies:
(e)
if adverse effects remain after applying the requirements of paragraphs (a) to (d), in that order, the activity must provide for compensation in accordance with Schedule 3 or 4, whichever applies.
(2)
If an activity cannot comply with the effects management framework, it must not proceed unless it is allowed by a rule in the national planning framework made under section 439.
438 When effects management framework applies
The effects management framework applies to adverse effects on significant biodiversity areas and specified cultural heritage if the adverse effects—
(a)
are allowed by a rule made under section 422; and
(b)
are not managed under a rule described in section 439.
439 Minister may make rules to replace effects management framework
(1)
In determining rules under this section, a Board of Inquiry or the Minister must apply the considerations described in section 424(1)(c) instead of those for making framework rules described in clauses 22(3) and 24(3) of Schedule 5.
(2)
The responsible Minister may include rules in the national planning framework that require more than minimal adverse effects of an activity to be managed without using the effects management framework.
(3)
In respect of the effects management framework, a rule may require—
(a)
more stringent management of any specified adverse effect; or
(b)
less stringent management of any specified adverse effect.
(4)
However, a rule may only require less stringent management of adverse effects if—
(a)
more serious or extensive adverse effects would result from applying the effects management framework; or
(b)
less serious or less extensive adverse effects would not result from applying the effects management framework; or
(c)
less stringent management is necessary to enable the attributes of the relevant place of national importance to be relocated so as to avoid a natural hazard or other risk; or
(d)
the activity is one of maintaining, repairing, or replacing existing infrastructure; or
(e)
the activity relates to the development of renewable energy generation (excluding any hydro-electricity generation facility) or electricity transmission infrastructure and cannot practicably be located so as to avoid a more than minimal effect on a place of national importance.
(5)
A rule may apply to a specified activity or a class of activities.
(6)
A rule that applies to a class of activities may provide that an activity is authorised only if 1 or more of the following circumstances applies:
(a)
the activity must be located, for functional or operational reasons, in the particular place, despite the fact that it will generate adverse effects:
(b)
there is no reasonably practicable alternative location:
(c)
the activity would, if carried out in an alternative location, result in a more than minimal adverse effect on the attributes that make the alternative location a place of national importance (see section 420).
(7)
The financial cost of alternative locations or methods is a relevant consideration in determining whether there is an operational need or a reasonably practicable alternative location under subsection (6).
(8)
Section 432 (rules to allow activities with more than minimal adverse effects) applies to rules made under this section.
440 Assessment of alternative locations
The national planning framework may specify what is required for an assessment under section 439 of alternative locations, including limiting the scope of assessment to—
(a)
sites within a specified region or district; or
(b)
sites within a specified distance of a particular place of national importance; or
(c)
sites with other specified attributes.
Part 8 Coastal matters
441 Allocation framework does not apply to matters under this Part
The allocation framework (as defined in section 11) does not apply to any application, activity, or authorisation under this Part.
Subpart 1—Occupation of common marine and coastal area
Preliminary provisions
442 Interpretation and relationship of subpart with rest of Act
(1)
In this subpart, unless the context otherwise requires,—
authorisation means the right to apply for a coastal permit to occupy space in a common marine and coastal area
tender means any form of tender (whether public or otherwise)
trustee has the same meaning as in section 4 of the Maori Commercial Aquaculture Claims Settlement Act 2004.
(2)
The provisions of this Act that relate to applications for, and the granting of, resource consents apply to applications for, and the granting of, coastal permits to occupy space in the common marine and coastal area subject to the provisions of this subpart.
Managing occupation in common marine and coastal area
443 Power of consent authorities to refuse to receive applications for coastal permits
For the purposes of this subpart, a consent authority may refuse to receive an application for a coastal permit to occupy space in the common marine and coastal area for the purpose of an activity if, within 1 year before the application is made, the consent authority has refused to grant an application for a permit for an activity of the same or a similar type for the same space or for space in close proximity to the space concerned.
Compare: 1991 No 69 s 165D
444 Applications in relation to aquaculture settlement areas
(1)
No person may apply for a coastal permit or permitted activity notice authorising occupation of space in an aquaculture settlement area for the purpose of aquaculture activities, unless the person is a holder of an authorisation that—
(a)
relates to that space and activity; and
(b)
was provided to the trustee under section 13 of the Maori Commercial Aquaculture Claims Settlement Act 2004.
(2)
A consent authority may grant a coastal permit or issue a permitted activity notice authorising any other activity in an aquaculture settlement area, but only—
(a)
to the extent that that activity is compatible with aquaculture activities; and
(b)
after consultation with the trustee and iwi in the region.
(3)
Subsection (1) does not affect any application received by a consent authority before the space became an aquaculture settlement area.
(4)
In subsection (2)(b), iwi has the same meaning as in the Maori Fisheries Act 2004.
Compare: 1991 No 69 s 165E
Provisions in plan relating to occupation of common marine and coastal area
445 Provisions about occupation of common marine and coastal area
(1)
A plan may include provisions to address the effects of occupation of a common marine and coastal area and to manage competition for the occupation of space, including rules specifying—
(a)
that no application can be made for a coastal permit to occupy space before a date to be specified in a public notice given by the regional council:
(b)
that the consent authority may process and hear together applications for coastal permits for the occupation of—
(i)
the same space in a common marine and coastal area; or
(ii)
different spaces in a common marine and coastal area that are in close proximity to each other:
(c)
that the consent authority may process and hear together with the applications referred to in paragraph (b) any applications for coastal permits related to the coastal permits referred to in paragraph (b):
(d)
limits on—
(i)
the character, intensity, or scale of activities associated with the occupation of space:
(ii)
the size of space that may be the subject of a coastal permit and the proportion of any space that may be occupied for the purpose of specified activities.
(2)
However, a rule made for the purposes of subsection (1)(a) does not apply to an application made for a coastal permit under an authorisation.
(3)
For the purposes of subsection (1), a provision in a plan may relate to an activity, 1 or more classes of activities, or all activities.
Compare: 1991 No 69 s 165F
446 Plan may specify allocation methods
A plan may provide for a rule in relation to a method of allocating space in the common marine and coastal area for the purposes of an activity, including a rule in relation to the public tender of authorisations or any other method of allocating authorisations.
Compare: 1991 No 69 s 165G
447 Matters to be considered before including allocation rule in plan
(1)
Before including a rule in a plan in relation to the allocation of space in a common marine and coastal area for the purposes of an activity, a regional planning committee must—
(a)
have regard to—
(i)
the reasons for and against including the proposed rule; and
(ii)
if the proposed rule provides for a method of allocation of space other than by a method of allocating authorisations,—
(A)
the reasons why allocation other than by a method of allocating authorisations is justified; and
(B)
how this may affect the preferential rights provided for in section 463; and
(iii)
if the proposed rule provides for a method of allocating authorisations other than by public tender,—
(A)
the reasons why allocation other than by public tender is justified; and
(B)
how this may affect the preferential rights provided for in section 463; and
(b)
be satisfied that—
(i)
a rule in relation to the allocation of space is necessary or desirable in the circumstances of the region; and
(ii)
if the proposed method of allocating space is not allocation of authorisations, or the proposed allocation of authorisations is not by public tender, the proposed method is the most appropriate for allocation of space in the circumstances of the region, having regard to its efficiency and effectiveness compared to other methods of allocating space.
(2)
The regional planning committee must—
(a)
prepare a report summarising the matters required by subsection (1); and
(b)
make the report available for public inspection at the same time, or as soon as practicable after, the rule is included in the plan or proposed plan.
(3)
Clauses 26 and 27 of Schedule 6 do not apply to the inclusion of a rule in accordance with subsection (1).
(4)
Subsection (1) applies subject to an Order in Council made under section 451.
(5)
A challenge to a rule on the ground that this section has not been complied with may be made only in a submission under Schedule 6.
(6)
Subsection (5) does not preclude a person who is hearing a submission or an appeal on a proposed plan from taking into account the matters stated in subsection (1).
Compare: 1991 No 69 s 165H
448 Offer of authorisations for activities in common marine and coastal area in accordance with plan
(1)
If a rule in an operative plan provides for public tendering or another method of allocating authorisations, the regional council must, by public notice and in accordance with the rule, offer authorisations for coastal permits for the occupation of space in the common marine and coastal area.
(2)
Subsection (1) applies subject to—
(a)
subsection (3); and
(b)
any Order in Council made under section 451.
(3)
A regional council must give the Minister of Conservation not less than 4 months’ notice before making an offer of authorisations under subsection (1).
(4)
Subsection (1) does not apply if the Minister responsible for aquaculture must offer the authorisations under section 449.
Compare: 1991 No 69 s 165I
449 Offer of authorisations by Minister responsible for aquaculture
If a rule in an operative plan provides for public tendering or another method of allocating authorisations in relation to which the Minister responsible for aquaculture is the decision maker, the Minister must, by public notice and in accordance with the rule, offer authorisations.
450 When applications not to be made unless applicant holds authorisation in accordance with plan
(1)
Subsection (2) applies to space in the common marine and coastal area if a plan rule that has legal effect provides for public tendering or another method of allocating authorisations in relation to an activity in the space.
(2)
A person must not apply for a coastal permit authorising occupation of the space for the activity unless the person is the holder of—
(a)
an authorisation that relates to the space and activity; or
(b)
a coastal permit granted under an authorisation that related to the occupation of that space and the application is for an activity that was within the scope of the authorisation.
(3)
Subsection (2) does not affect any application received by the regional council before the plan became operative or the rule in a proposed plan had legal effect.
(4)
Subsection (2) does not affect any application referred to in section 487 that is received by the regional council—
(a)
after a rule in a proposed plan has legal effect; but
(b)
before the rule becomes operative.
Compare: 1991 No 69 s 165J
451 Power to give directions relating to allocation of authorisations for space provided for in plan
(1)
This section applies if a plan rule—
(a)
provides for a method for allocating authorisations; and
(b)
provides that a regional council is responsible for the allocation of authorisations.
(2)
The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, direct the regional council—
(a)
not to proceed with a proposed allocation of authorisations for space in a common marine and coastal area; or
(b)
in proceeding with a proposed allocation of authorisations for space in a common marine and coastal area, to give effect to the matters specified in the Order in Council.
(3)
The Minister of Conservation may make a recommendation under subsection (2) only for 1 or more of the following purposes:
(a)
to give effect to Government policy in the common marine and coastal area:
(b)
to preserve the ability of the Crown to give effect to any of its obligations under any agreement in principle or deed of settlement between the Crown and any group of Māori claimants or representative of any group of Māori claimants in relation to a claim arising from, or relating to, any act or omission by or on behalf of the Crown or by or under any enactment before 21 September 1992:
(c)
to facilitate compliance with section 463:
(d)
to assist the Crown to comply with its obligations under the Maori Commercial Aquaculture Claims Settlement Act 2004.
(4)
The matters referred to in subsection (2)(b) include—
(a)
the allocation method to be used:
(b)
subject to sections 326 and 327, the maximum term of a coastal permit to which the authorisations available for allocation relate:
(c)
the allocation, at no cost, of authorisations relating to specific spaces within a common marine and coastal area to the Crown:
(d)
the allocation, at no cost, of authorisations relating to specific spaces in a common marine and coastal area, or a certain proportion of the authorisations proposed to be allocated, to the trustee that is representative of the entire space for which authorisations are to be offered under the proposed allocation.
(5)
If an Order in Council contains a direction under subsection (4)(a), the order must be made before the relevant proposed plan is notified under clause 34 of Schedule 6.
(6)
If an Order in Council contains a direction under subsection (4)(b), (c), or (d), the order must be made before the regional council publicly notifies the offer under section 448.
(7)
Subject to subsection (5), the Minister of Conservation may make a recommendation under subsection (2) only if the Minister makes the recommendation within 3 months after receiving a notice under section 448(3).
(8)
An Order in Council does not affect the following if made before the Order in Council comes into force:
(a)
a publicly notified offer of authorisations:
(b)
an application for a coastal permit.
(9)
An authorisation allocated in accordance with subsection (4)(d) is a settlement asset for the purposes of the Maori Commercial Aquaculture Claims Settlement Act 2004.
Compare: 1991 No 69 s 165K
Ministerial approval of use of method of allocating authorisations
452 Regional council or regional planning committee may request use of allocation method
(1)
This section applies if,—
(a)
in the opinion of the regional council (council) or regional planning committee (committee), it is desirable, due to actual or anticipated high demand or competing demands for coastal permits for occupation of space in the common marine and coastal area for the purpose of 1 or more activities, that a method be used to allocate authorisations for the space; and
(b)
an operative plan either—
(i)
does not provide for a rule in relation to a method of allocating authorisations for the space for the purpose of the activities; or
(ii)
does provide for a rule referred to in subparagraph (i), but the council or committee considers that the rule will not enable it to manage effectively the high demand or the competing demands for coastal permits for the occupation of space for the purpose of the activities.
(2)
The council or committee may request the Minister of Conservation to approve allocation by public tender of authorisations or another method of allocating authorisations for the space in the common marine and coastal area.
(3)
A request under subsection (2) must—
(a)
specify,—
(i)
if it does not relate to a public tender, the proposed method for allocation of authorisations; and
(ii)
the activities it is proposed the public tender or other allocation method will apply to; and
(iii)
the space in the common marine and coastal area it is proposed the public tender or other allocation method will apply to; and
(iv)
how and when the public tender or other method for allocating authorisations is proposed to be implemented in the space, including any staging of the allocation; and
(v)
the reasons for the council’s or committee’s opinion that it is desirable that an allocation method be used in relation to the space; and
(b)
if the proposed allocation method is not public tender, give reasons why the council proposes to use the alternative allocation method; and
(c)
be accompanied by information about the actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purposes of the activity or activities covered by the request.
(4)
A request under subsection (2) may relate to a single use of the proposed allocation method or its use on more than 1 occasion.
(5)
On the day a request is made under subsection (2), or as soon as practicable afterwards, a council or committee must—
(a)
give public notice of the request; and
(b)
give notice of the request to the EPA.
(6)
A public notice under subsection (5) must include—
(a)
the matters in subsection (3)(a)(i) to (iii); and
(b)
a statement to the effect of section 453(2) and (3).
Compare: 1991 No 69 s 165L
453 Stay on applications following request under section 452
(1)
Subsection (2) applies if a regional council or regional planning committee has made a request under section 452(2).
(2)
A person must not apply for a coastal permit to occupy any space that is the subject of the request for the purpose of an activity in the request during the period commencing on the day on which public notice of the request is given under section 452(5)(a), and ending on the earlier of—
(a)
the day on which the council or committee publicly notifies under section 454(8) that the request has been declined; or
(b)
the day on which the approval of an allocation method is notified in the Gazette under section 454(1)(c)(i).
(3)
If the request is approved, section 457 applies to applications from the date the approval applies.
(4)
Neither this section nor section 457 affects any application received by the council or committee before the request was made under section 452(2) or any application referred to in section 487.
Compare: 1991 No 69 s 165M
454 Minister of Conservation may approve use of allocation method
Minister of Conservation’s duties when request received under section 452(2)
(1)
If the Minister of Conservation receives a request under section 452(2) (the request), the Minister—
(a)
must consult with relevant Ministers, including the Minister responsible for aquaculture if the request relates to aquaculture activities; and
(b)
may—
(i)
consult any other person whom the Minister of Conservation considers it appropriate to consult; and
(ii)
request any further information from the regional council or regional planning committee that made the request; and
(c)
must, within 25 working days after the date of receipt of the request,—
(i)
by notice in the Gazette, approve the request—
(A)
on the terms specified by the council or committee in the request; or
(B)
on terms that, in the opinion of the Minister of Conservation, will better manage the actual or anticipated high demand or competing demands in the space; or
(ii)
decline the request.
(2)
A failure to comply with the time limit in subsection (1)(c) does not prevent the Minister of Conservation from making a decision on the request.
(3)
Any period of consultation under subsection (1)(b)(i) is excluded from the period specified in subsection (1)(c).
How request must be decided
(4)
The Minister of Conservation must not approve the request unless the Minister considers that—
(a)
there is actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purpose of the activity or activities that the request applies to; and
(b)
the method and terms of allocation specified in the request, or any modified terms determined by the Minister, will—
(i)
effectively manage the actual or anticipated high demand or competing demands identified under paragraph (a); and
(ii)
be implemented within a time frame that is, in the Minister’s opinion, reasonable.
(5)
In considering whether to approve the request, the Minister of Conservation must have regard to—
(a)
Government policy in relation to the common marine and coastal area:
(b)
the ability of the Crown to give effect to any of its obligations under any agreement in principle or deed of settlement between the Crown and any group of Māori claimants or representative of any group of Māori claimants in relation to a claim arising from, or relating to, any act or omission by or on behalf of the Crown or by or under any enactment before 21 September 1992:
(c)
the need to facilitate compliance with section 463:
(d)
the ability of the Crown to give effect to its obligations under the Maori Commercial Aquaculture Claims Settlement Act 2004.
(6)
As soon as practicable after deciding whether to approve the request, the Minister of Conservation must notify the EPA of their decision.
(7)
If the Minister of Conservation declines the request,—
(a)
the Minister must notify the council or committee of that decision; and
(b)
the council or committee must as soon as practicable after receiving notice of the decision publicly notify that—
(i)
the request was declined; and
(ii)
applications may be made for coastal permits to occupy any space for any activity that was the subject of the request.
Contents of Gazette notice
(8)
A Gazette notice approving the request under subsection (1)(c)(i)—
(a)
must specify,—
(i)
if the approval does not relate to a public tender, the other allocation method that is approved; and
(ii)
the space and activities that the public tender or other allocation method will apply to; and
(iii)
how and within what period the public tender or other allocation method must be implemented, including any staging of the allocation; and
(b)
may also specify 1 or more of the following:
(i)
whether the approval is for a single public tender, or a single use of the allocation method or is to be used on more than 1 occasion; and
(ii)
an expiry date for the approval; and
(iii)
a date by which authorisations allocated in accordance with the public tender or other allocation method will lapse, being a date that is not more than 2 years after the date on which an authorisation is granted; and
(iv)
any restrictions on transferring authorisations allocated under the public tender or other allocation method; and
(v)
that applications received in respect of authorisations allocated under the public tender or other allocation method (together with any other applications for coastal permits related to the activities to which the authorisation relates) must be processed and heard together; and
(vi)
subject to sections 326 and 327, the maximum term of a coastal permit to which the authorisations available for allocation relate; and
(vii)
that authorisations relating to specific spaces within a common marine and coastal area must be allocated to the Crown at no cost; and
(viii)
that authorisations relating to specific spaces, or a certain proportion of the authorisations that are representative of the entire space for which authorisations are to be offered in accordance with the public tender or other allocation method, must be allocated to the trustee at no cost.
Other matters
(9)
A provision in an operative plan that relates to the allocation of space to which a Gazette notice under this section relates does not apply during the period of the approval to the extent that it is inconsistent with the terms of the Gazette notice.
(10)
An authorisation allocated in accordance with subsection (7)(b)(viii) is a settlement asset for the purposes of the Maori Commercial Aquaculture Claims Settlement Act 2004.
Compare: 1991 No 69 s 165N
455 Period of approval to use public tender or other method to allocate authorisations
(1)
An approval to use a public tender or other method to allocate authorisations applies on and from the date on which the relevant Gazette notice is published until the earliest of the following dates:
(a)
the date on which it is expressed in the relevant Gazette notice to expire or any date substituted under subsection (3); or
(b)
the date it lapses under section 456(2); or
(c)
the date it is revoked by a further notice in the Gazette under subsection (2); or
(d)
the date on which a proposed plan is notified with an alternative allocation method for the space to which the Gazette notice applies.
(2)
The Minister of Conservation may, by notice in the Gazette, revoke an approval to use a public tender or other allocation method to allocate authorisations if the Minister—
(a)
is requested to do so by the regional council or regional planning committee; and
(b)
considers that—
(i)
there is no longer actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities; or
(ii)
the regional planning committee has in place other methods that will satisfactorily manage actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities.
(3)
The Minister of Conservation may, by notice in the Gazette, substitute another date in the relevant Gazette notice for the date on which the relevant Gazette notice is to expire if—
(a)
the Minister receives a request from the regional council or regional planning committee to do so; and
(b)
the Minister considers that—
(i)
there remains actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities; and
(ii)
the regional council does not have in place other methods that will satisfactorily manage the high demand or competing demands.
Compare: 1991 No 69 s 165O
456 Regional council must offer authorisations if Minister of Conservation approves
(1)
If the Minister of Conservation approves the use of a public tender or other method for allocating authorisations under section 454(1)(c), the regional council must by public notice offer authorisations for coastal permits for the occupation of space in the common marine and coastal area in accordance with the terms of that approval.
(2)
A Gazette notice under section 454(1)(c) lapses if the regional council does not carry out the public tender or implement the other approved allocation method within the period specified in the notice (or any extension of time specified by the Minister of Conservation in a further notice under subsection (3)).
(3)
The Minister of Conservation may by notice in the Gazette approve an extension of time for carrying out a public tender or implementing the other approved allocation method, but only if the Minister is satisfied that—
(a)
the regional council has taken all reasonable steps to carry out the public tender or implement the other approved allocation method; and
(b)
the regional council requires further time to carry out the public tender or implement the other approved allocation method.
Compare: 1991 No 69 s 165P
457 During period of approval, no person may apply unless they hold authorisation
(1)
Subsection (2) applies to space in the common marine and coastal area if the Minister of Conservation has approved public tendering or another method for allocating authorisations in relation to any activity in that space by a Gazette notice under section 454(1)(c)(i).
(2)
During the period of the approval, no person may apply for a coastal permit authorising occupation of the space for an activity covered by the approval unless the person is the holder of an authorisation that relates to that space and activity.
Compare: 1991 No 69 s 165Q
Authorisations
458 Authorisation does not confer right to coastal permit
(1)
The granting of an authorisation does not confer any right to the grant of a coastal permit for the space that the authorisation relates to.
(2)
However, if a coastal permit is granted to the holder of an authorisation, the permit must be within the terms of the authorisation, including not being granted for a period greater than the period specified in the authorisation.
Compare: 1991 No 69 s 165R
459 Authorisation may be transferred
(1)
An authorisation or any part of it may be transferred by its holder to any other person, but the transfer does not take effect until written notice of it has been received by the regional council concerned.
(2)
This section applies subject to any restrictions on the transfer of authorisations specified in—
(a)
the Gazette notice under section 454 under which the authorisations were allocated; and
(b)
the relevant operative plan under which the authorisations were allocated.
Compare: 1991 No 69 s 165S
460 Authorisation lapses in certain circumstances
(1)
An authorisation lapses at the close of 2 years after the day on which it is granted (or any earlier day that may be specified in the authorisation) unless subsection (3) applies.
(2)
Subsection (3) applies,—
(a)
for an authorisation for which no earlier date is specified, if,—
(i)
before the second anniversary of the date on which an authorisation is granted, its holder has applied for a coastal permit to occupy space for the activity that the authorisation relates to; and
(ii)
on the second anniversary date,—
(A)
no decision has been made by the consent authority whether to grant or decline the application; or
(B)
the consent authority has made a decision, but the time for lodging appeals to the Environment Court has not expired, or an appeal has been lodged but no decision has been made by the court on the appeal; or
(b)
for an authorisation specified to lapse on a date earlier than 2 years after the day on which it is granted, if,—
(i)
before the date specified in the authorisation, its holder has applied for a coastal permit to occupy space for the activity that the authorisation relates to; and
(ii)
on the date specified in the authorisation,—
(A)
no decision has been made by the consent authority whether to grant or decline the application; or
(B)
the consent authority has made a decision, but the time for lodging appeals to the Environment Court has not expired, or an appeal has been lodged but no decision has been made by the court on the appeal.
(3)
The authorisation does not lapse until—
(a)
the time for lodging an appeal in respect of the decision has expired and no appeal has been lodged; or
(b)
an appeal has been lodged and the court has given its decision on the appeal.
Compare: 1991 No 69 s 165T
461 Public notice of offer of authorisations
(1)
This section applies to—
(a)
a notice given by a regional council under section 448 or 456(1); and
(b)
a notice given by the Minister responsible for aquaculture when conducting an allocation process under section 449.
(2)
The notice must—
(a)
specify the activities that the authorisation will apply to after it is issued; and
(b)
describe the space in the common marine and coastal area that offers for authorisations are invited for, including the size and location of the space; and
(c)
subject to sections 326 and 327, specify the maximum term of the coastal permit; and
(d)
specify the closing date for offers; and
(e)
specify the criteria for selecting successful offers for authorisations—
(i)
that the regional council will apply; or
(ii)
that the Minister responsible for aquaculture will apply (as set out in the operative plan); and
(f)
specify the manner in which offers for authorisations must be submitted; and
(g)
specify any charge payable under section 757(1)(h); and
(h)
specify any other matter that the regional council or Minister considers appropriate in the circumstances.
(3)
If the notice is given under section 448 or 456(1), the notice must also include details of any direction given under section 451 in relation to the offer of authorisations by the regional council.
(4)
The notice may specify conditions on which the authorisation will be granted, including conditions—
(a)
requiring the authorisation to lapse on a date earlier than 2 years from the date it is granted; and
(b)
restricting the transfer of the authorisations.
(5)
If an offer of authorisations is to be by tender, the notice must also—
(a)
specify the form of remuneration required, whether all by advance payment, or by deposit and annual rental payments; and
(b)
specify whether or not there is a reserve price.
(6)
This section applies subject to an Order in Council made under section 451.
Compare: 1991 No 69 s 165U
462 Requirements for offers for authorisations
(1)
An offer for an authorisation must specify—
(a)
the activity or range of activities for which the authorisation is sought; and
(b)
the site it applies to.
(2)
In the case of a tender for authorisations, the tender must also specify—
(a)
the total remuneration offered (including any annual rental component); and
(b)
the form of payment of the remuneration.
(3)
A tender must be accompanied by—
(a)
a cash deposit (being payment in advance of part of the remuneration) or equivalent security to the satisfaction of the regional council; and
(b)
any additional information specified in the notice calling for tenders.
(4)
An offer or a tender must be accompanied by any charge payable under section 757(1)(h).
(5)
If a tender is accepted under section 464, the amount of any annual rental component of the remuneration payable under subsection (2) must be reduced by the amount of any coastal occupation charges payable under section 120 for the occupation of the area concerned.
Compare: 1991 No 69 s 165V
463 Preferential rights of iwi
(1)
A regional council or the Minister responsible for aquaculture must, when conducting a tender of authorisations under this subpart, give effect to any preferential right held by iwi to purchase a proportion of authorisations.
(2)
Subsection (1) applies to preferential rights that are conferred by—
(a)
section 316 of the Ngāi Tahu Claims Settlement Act 1998:
(b)
section 119 of the Ngati Ruanui Claims Settlement Act 2003:
(c)
section 79 of the Ngati Tama Claims Settlement Act 2003:
(d)
section 106 of the Ngaa Rauru Kiitahi Claims Settlement Act 2005:
(e)
section 118 of the Ngāti Awa Claims Settlement Act 2005:
(f)
section 92 of the Ngāti Mutunga Claims Settlement Act 2006.
(3)
For the purposes of subsection (1), the sections of the Acts referred to in subsection (2) apply as if—
(a)
the references in those sections to the Minister of Conservation were references to the regional council or the Minister responsible for aquaculture (as applicable); and
(b)
any references in those sections to subpart 4 were references were to the relevant provisions of this subpart.
Compare: 1991 No 69 s 165W
464 Acceptance of offer for authorisations
(1)
After considering the offers for authorisations in accordance with the relevant criteria referred to in section 461(2)(e), the regional council or the Minister responsible for aquaculture may—
(a)
accept any offer; or
(b)
reject all offers; or
(c)
reject all offers and call for new offers; or
(d)
negotiate with any person who made an offer with a view to reaching an agreement.
(2)
If the offer of authorisations is a tender, the regional council or the Minister responsible for aquaculture may accept any tender or negotiate with any tenderer, whether or not the tender was the highest received.
(3)
As soon as practicable after deciding to accept an offer for an authorisation or to reject all offers or after reaching an agreement, the regional council or the Minister responsible for aquaculture must give written notice of the decision and the reasons for it to every person who made an offer.
(4)
If an offer is accepted or an agreement is reached, the notice under subsection (3) must include details of the name of the person who made the offer and the nature of the activity that the offer or agreement relates to.
Compare: 1991 No 69 s 165X
465 Grant of authorisation
(1)
If the regional council accepts an offer or reaches an agreement under section 464 with a person who made an offer, the regional council must grant an authorisation to the person concerned.
(2)
If the Minister responsible for aquaculture accepts an offer, the Minister must direct the regional council to grant an authorisation to the person concerned.
Compare: 1991 No 69 s 165Y
466 Tender money
(1)
If the holder of an authorisation obtains a coastal permit authorising the holder to undertake an activity for which the authorisation was granted, the regional council must forward to the Minister of Conservation 50% of the remuneration received under the tender.
(2)
The Minister of Conservation must cause the money to be paid into a Crown Bank Account in accordance with the Public Finance Act 1989.
(3)
If an authorisation granted to a successful tenderer has lapsed under section 460, the regional council must, as soon as possible, refund the remuneration to the tenderer.
(4)
If a tenderer who has failed to obtain an authorisation forwarded a payment to the regional council under section 462(3), the regional council must, as soon as possible, refund the payment to the tenderer.
Compare: 1991 No 69 s 165Z
467 Use of tender money
The regional council must apply its share of the remuneration to achieving the purpose of this Act in the coastal marine area in its region.
Ministerial powers in relation to applications for coastal permits to undertake aquaculture activities in common marine and coastal area
468 Regional council or planning committee may request suspension of applications to occupy common marine and coastal area for purposes of aquaculture activities
(1)
A regional council or regional planning committee may request the Minister responsible for aquaculture to suspend receipt of applications for coastal permits to occupy space in a common marine and coastal area for the purpose of aquaculture activities if—
(a)
it identifies actual or anticipated high demand, or competing demands for those permits and considers that—
(i)
the provisions of the operative plan will not enable the demand to be managed effectively; and
(ii)
the suspension is desirable to enable the plan to be amended or other measures available under this Act to be used to manage the demand; or
(b)
it identifies an actual or emerging biosecurity concern relating to aquaculture activities and considers that—
(i)
the provisions of the operative plan will not enable the biosecurity concern to be managed effectively; and
(ii)
the suspension is desirable to enable the plan to be amended or other measures available under this Act or other legislation to be used to manage the biosecurity concern.
(2)
A request for a suspension must—
(a)
specify—
(i)
the space in the common marine and coastal area it is proposed the suspension will apply to; and
(ii)
the aquaculture activities that it is proposed the suspension will apply to; and
(iii)
the planning or other measure that the council or planning committee proposes to implement to manage the identified demand or biosecurity concern; and
(iv)
the proposed duration of the suspension, which must be not more than 12 months; and
(b)
be accompanied by information about—
(i)
the actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purposes of the aquaculture activities covered by the request; or
(ii)
the actual or emerging biosecurity concern.
(3)
A regional council or regional planning committee must—
(a)
give public notice of a request for suspension on the day the request is made or as soon as practicable after the request is made; and
(b)
give notice of the request to the EPA.
(4)
A public notice under subsection (3) must include—
(a)
the matters specified in subsection (2)(a); and
(b)
a statement to the effect of section 470(2) and (3).
(5)
To avoid doubt, this section may apply in relation to an aquaculture activity, 1 or more classes of aquaculture activities, or all aquaculture activities.
Compare: 1991 No 69 s 165ZB
469 Minister responsible for aquaculture may suspend receipt of applications
(1)
The Minister responsible for aquaculture may, at their own initiative, suspend receipt of applications for coastal permits to occupy space in a common marine and coastal area for the purpose of aquaculture activities if the Minister—
(a)
identifies actual or anticipated high demand or competing demands for those permits and considers that—
(i)
the provisions of the operative plan will not enable the demand to be managed effectively; and
(ii)
the suspension is desirable—
(A)
to enable the operative plan to be amended or for other measures available under this Act to be used to manage the demand; or
(B)
for the Minister to use other measures available under the Maori Commercial Aquaculture Claims Settlement Act 2004 for the purpose of upholding the Crown’s settlement obligations under that Act in the region; or
(b)
identifies an actual or emerging biosecurity concern relating to aquaculture activities and considers that—
(i)
the provisions of the operative plan will not enable the biosecurity concern to be managed effectively; and
(ii)
the suspension is desirable to enable the operative plan to be amended or other measures available under this Act or other legislation to be used to manage the biosecurity concern.
(2)
Before issuing a suspension, the Minister responsible for aquaculture—
(a)
must consult the regional planning committee and the regional council; and
(b)
must consult the Minister of Conservation; and
(c)
may consult any other person the Minister responsible for aquaculture considers appropriate.
(3)
The Minister responsible for aquaculture must issue the suspension by notice in the Gazette, which must specify—
(a)
the space and aquaculture activities that the suspension on applications will apply to; and
(b)
the date the notice expires, which must not be more than 12 months after the date of the Gazette notice.
(4)
To avoid doubt, this section may apply in relation to an aquaculture activity, 1 or more classes of aquaculture activities, or all aquaculture activities.
470 Effect on applications of request under section 468
(1)
Subsection (2) applies if a regional council or regional planning committee has made a request under section 468(1).
(2)
A person must not apply for a coastal permit to occupy any space that is the subject of the request for the purpose of an aquaculture activity in the request during the period commencing on the day on which public notice of the request is given under section 468(3)(a), and ending on,—
(a)
if the request is declined, the day on which the regional council or regional planning committee publicly notifies under section 472(6) that the request has been declined; or
(b)
if the request is granted, the date on which the Gazette notice issued by the Minister responsible for aquaculture under section 472(1)(c) in response to the request expires.
(3)
Neither this section nor section 472(6) affects—
(a)
any application received by the regional council before the request was made under section 468(1):
(b)
any application to which section 487 applies:
(c)
any application made in accordance with an authorisation.
Compare: 1991 No 69 s 165ZC
471 Effect on applications of suspension at initiative of Minister responsible for aquaculture
(1)
A person must not apply for a coastal permit to occupy any space that is the subject of a Gazette notice issued by the Minister responsible for aquaculture under section 469 for the purpose of an aquaculture activity during the period commencing on the day on which the Gazette notice was issued and ending on the date on which the Gazette notice expires.
(2)
Neither this section nor section 472 affects—
(a)
any application received by the regional council before the Gazette notice issued by the Minister responsible for aquaculture under section 469:
(b)
any application to which section 487 applies:
(c)
any application made in accordance with an authorisation.
472 Minister responsible for aquaculture may suspend applications on request under section 468
(1)
If the Minister responsible for aquaculture receives a request under section 468(1), the Minister—
(a)
must consult the Minister of Conservation; and
(b)
may—
(i)
consult any other person whom the Minister responsible for aquaculture considers it appropriate to consult; and
(ii)
request any further information from the regional council or regional planning committee that made the request; and
(c)
must, within 25 working days after receiving the request,—
(i)
approve the request by notice in the Gazette—
(A)
on the terms specified by the regional council or regional planning committee in the request; or
(B)
on terms that in the opinion of the Minister responsible for aquaculture will better manage the actual or anticipated high demand or competing demands in the space or the biosecurity concerns; or
(ii)
decline the request.
(2)
A failure to comply with the time limit in subsection (1)(c) does not prevent the Minister responsible for aquaculture from making a decision on the request.
(3)
Any period of consultation under subsection (1)(b)(i) is excluded from the period specified in subsection (1)(c).
(4)
The Minister responsible for aquaculture must not approve the request unless they consider that—
(a)
there is—
(i)
actual or likely high demand or competing demands for coastal permits for occupation of the space for the purpose of the aquaculture activities that the request applies to; or
(ii)
actual or emerging biosecurity concerns relating to the aquaculture activities; and
(b)
the planning or other measure that is proposed, or any modified terms determined by the Minister responsible for aquaculture, will—
(i)
effectively manage the high demand or competing demands or biosecurity concerns; and
(ii)
be implemented within a time frame that is, in the Minister’s opinion, reasonable.
(5)
A Gazette notice under subsection (1)(c)(i) must specify—
(a)
the space and aquaculture activities that the suspension on applications will apply to; and
(b)
the date the notice expires, which must not be more than 12 months after the date of the Gazette notice.
(6)
If the Minister responsible for aquaculture declines a request made under section 468(1),—
(a)
the Minister must notify the regional council or regional planning committee of the decision to decline the request; and
(b)
the regional council or regional planning committee must, as soon as practicable after receiving notice under paragraph (a), publicly notify that—
(i)
the request was declined; and
(ii)
applications may be made for coastal permits to occupy any space for any aquaculture activity that was the subject of the request.
(7)
The Minister responsible for aquaculture must notify the Minister of Conservation and the EPA of a decision to issue a Gazette notice, or to decline a request for a suspension on receipt of applications.
Compare: 1991 No 69 s 165ZD
473 Subsequent requests for direction in relation to suspension of receipt of applications
(1)
The Minister responsible for aquaculture may, at their own initiative or at the request of the regional council or regional planning committee under section 468, issue a further Gazette notice under section 472 before the expiry of a notice issued under that section if—
(a)
the Minister considers there remains—
(i)
actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant aquaculture activity or activities; or
(ii)
a biosecurity concern relating to aquaculture activities; and
(b)
the Minister considers there are no planning or other measures in place that will satisfactorily manage the demand or biosecurity concern; and
(c)
the Minister is satisfied that more time is needed to put in place measures to manage the demand or biosecurity concern.
(2)
Sections 468 to 472 apply with any necessary modifications to a request for a further suspension of receipt of applications.
Compare: 1991 No 69 s 165ZE
Processing and hearing together of applications for coastal permits for aquaculture activities
474 Regional council may request direction to process and hear together applications for permits for purpose of aquaculture activities
(1)
A regional council may request the Minister responsible for aquaculture to direct it to process and hear together applications for coastal permits to occupy space in a common marine and coastal area for the purpose of aquaculture activities if the council considers—
(a)
that processing and hearing together of those applications would be more efficient and would enable better assessment and management of cumulative effects of those permits; and
(b)
the plan does not provide adequately for efficient processing, assessment, and management of the cumulative effects of those permits.
(2)
The regional council’s request must—
(a)
specify—
(i)
the space in the common marine and coastal area it is proposed the direction will apply to; and
(ii)
the aquaculture activities that it is proposed the direction will apply to; and
(iii)
the applications or classes of applications for coastal permits it is proposed that the direction will apply to; and
(b)
be accompanied by information about why it would be more efficient and would enable better assessment and management of the cumulative effects of those permits if the direction were made.
Compare: 1991 No 69 s 165ZF
475 Minister responsible for aquaculture may decide at own initiative to give direction
(1)
The Minister responsible for aquaculture may, at their own initiative, decide to give a direction to the regional council to process and hear together applications for coastal permits to occupy space in a common marine and coastal area for the purpose of aquaculture activities if the Minister is of the opinion that the matters referred to in section 474(1)(a) and (b) apply.
(2)
The decision must contain the information described in section 474(2).
476 Direction to process and hear applications together
(1)
If the Minister responsible for aquaculture receives a request for a direction under section 474, the Minister—
(a)
must consult the Minister of Conservation; and
(b)
may consult any other person whom the Minister responsible for aquaculture considers it appropriate to consult; and
(c)
may request any information or further information from the regional council; and
(d)
must decide, within the 25-day period, to give a direction or decline the request; and
(e)
must notify the decision to the regional council, the Minister of Conservation, and the EPA.
(2)
If the Minister responsible for aquaculture decides under section 475 to give a direction at their own initiative,—
(a)
this section applies other than subsection (1)(d) and subsections (5) to (7); and
(b)
the Minister must consult with the affected regional council.
(3)
The Minister responsible for aquaculture must not give a direction unless—
(a)
the Minister considers it will facilitate efficient processing and better assessment and management of the cumulative effects of the applications that are the subject of the direction; and
(b)
the direction complies with section 477 (which relates to the content of the direction).
(4)
The Minister responsible for aquaculture must give the direction by Gazette notice.
(5)
A failure to comply with subsection (1)(d) within the 25-day period does not prevent the Minister responsible for aquaculture from giving a direction or declining a request.
(6)
Any period of consultation carried out under subsection (1)(b) is excluded from the 25-day period.
(7)
In this section, 25-day period means 25 working days after the Minister responsible for aquaculture receives the request from the regional council or makes a decision under section 475.
477 Content of direction
(1)
A direction given under section 476 must require the regional council to process and hear together applications for coastal permits to occupy the common marine and coastal area for the purposes of aquaculture activities (together with any other applications for coastal permits related to the aquaculture activities)—
(a)
on the terms specified by the regional council under section 474(2)(a) (in the request); or
(b)
on terms that in the opinion of the Minister responsible for aquaculture will facilitate efficient processing, assessment, and management of the cumulative effects of those permits.
(2)
The direction must specify—
(a)
the space in the common marine and coastal area that the direction applies to; and
(b)
the aquaculture activities that the direction applies to; and
(c)
the applications or classes of applications to which the direction applies.
(3)
The direction may apply to applications or classes of applications that (without limitation) include—
(a)
applications made on or after the commencement date; or
(b)
applications made but not determined before the commencement date; or
(c)
applications defined by reference to their contents (for example, by the size of the space they relate to).
(4)
The direction may not apply to applications or classes of applications—
(a)
in respect of which the regional council or the Minister responsible for aquaculture has determined, before the commencement date, to hold a hearing and the hearing has commenced or been completed; or
(b)
in respect of which the regional council or the Minister responsible for aquaculture has determined, before the commencement date, that no hearing is required; or
(c)
to which section 487 applies; or
(d)
made more than 12 months after the commencement date; or
(e)
in respect of which a notice of motion has been lodged with the Environment Court under section 236 before the commencement date; or
(f)
called in by the Minister of Conservation under clause 55 of Schedule 10 before the commencement date; or
(g)
for which a call-in request has been made by the regional council or the applicant under clause 55(1)(b) of Schedule 10 before the commencement date, unless the request is declined; or
(h)
lodged with the EPA before the commencement date, unless the application is referred to the local authority under clause 63(1)(c) of Schedule 10.
(5)
The direction may specify that an application for a coastal permit—
(a)
that is made after the commencement date; and
(b)
to which the direction does not apply—
must not be processed and heard until decisions have been made and notified on all of the applications to which the direction applies.
(6)
In this section, commencement date means the date on which the direction comes into force (as specified in the Gazette notice).
Compare: 1991 No 69 s 165ZFA
478 Regional council must comply with direction
(1)
A regional council given a direction under section 476 must comply with the direction.
(2)
The regional council must process and hear together applications to which the direction applies—
(a)
on and from the commencement date of the direction (as specified in the Gazette notice); and
(b)
in accordance with the terms of the direction (as specified in the Gazette).
Processing and hearing together of applications for coastal permits
479 Application of sections 480 to 485
Sections 480 to 485 apply if a regional council is required to process and hear together any applications or class of applications for coastal permits to occupy space in the common marine and coastal area under—
(a)
a rule in a plan (see section 445); or
(b)
a Gazette notice under section 454 (approving a request to use an allocation method); or
(c)
a Gazette notice under section 476 (given at the request of the regional council or at the initiative of the Minister responsible for aquaculture).
Compare: 1991 No 69 s 165ZFB
480 Interpretation
In this section and sections 481 to 485,—
affected application, in relation to a PHT requirement,—
(a)
means an application for a coastal permit to occupy space in the common marine and coastal area for the purpose of 1 or more activities that is required to be processed and heard together with another application or applications under the PHT requirement; and
(b)
includes any other applications for coastal permits that are related to the application referred to in paragraph (a) and that are subject to the PHT requirement
comes into force means, in relation to a rule in a proposed plan, that the rule has legal effect
PHT requirement means a requirement that an application be processed and heard together with another application or applications as provided in a rule or Gazette notice referred to in section 479.
Compare: 1991 No 69 s 165ZFC
481 Effect of requirement that applications be processed and heard together on direct referral to Environment Court under sections 232 to 238
(1)
On and from the date on which a PHT requirement comes into force, no person may request that an affected application be determined by the Environment Court under section 232.
(2)
Despite sections 234 to 236, if at the date the PHT requirement comes into force,—
(a)
the regional council is considering a request by an applicant under section 232 for an affected application, the council must not make a decision on the request, but must return the request to the applicant with a notice stating that the application is one to which a PHT requirement relates and section 482 applies:
(b)
the regional council has granted a request by an applicant under section 232 for an affected application, but the applicant had not yet lodged a notice of motion under section 236(2)(a) for the application,—
(i)
the regional council must continue to process the application in accordance with sections 482 and 483 and is not required to comply with section 235(3) to (5); and
(ii)
the applicant may not lodge a notice of motion under section 236(2)(a).
Compare: 1991 No 69 s 165ZFD
482 Processing of affected applications
(1)
Sections 239 to 275 apply in respect of each affected application that is subject to a PHT requirement.
(2)
The regional council must, as soon as practicable after the latest date on which the period for submissions closes on an affected application to which the PHT requirement relates, advise each of the applicants—
(a)
of the names and contact details of the other affected applicants; and
(b)
that if the applicant wants the affected applications to be determined by the Environment Court, the applicant has 10 working days from the date of the notice to make such a request.
(3)
The applicant must make the request under subsection (2) electronically or in writing on the form prescribed for a request under section 232.
(4)
If the regional council receives requests under subsection (2) from all the applicants for affected applications within the required period, the regional council must decide whether to grant or decline the applicants’ requests that all the affected applications be determined by the Environment Court.
(5)
Despite the discretion to grant a request under subsection (4), if regulations have been made under section 801,—
(a)
the regional council must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by those regulations; but
(b)
that obligation to grant the request does not apply if the consent authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist.
(6)
If subsection (4) applies and the regional council declines the requests, or if the regional council does not receive requests under subsection (2) from all applicants for affected applications within the required period, the regional council must continue to process and hear together the affected applications in accordance with this section and section 483.
(7)
If subsection (4) applies and the regional council grants the requests, the regional council must prepare a report on each of the affected applications within the period that ends 20 working days after the date on which the regional council decided to grant the requests.
(8)
Section 235(4) to (6) apply to a report prepared under subsection (7) on an affected application.
(9)
Each applicant for an affected application must advise the regional council within 5 working days after receipt of a report prepared under subsection (7), whether the applicant continues to want the affected application to be determined by the Environment Court instead of by the regional council.
(10)
If the regional council—
(a)
receives advice from all the applicants for affected applications that the applicants continue to want the affected applications to be determined by the Environment Court, the regional council must give notice to each applicant that—
(i)
the applicant’s affected application is to be determined by the Environment Court; and
(ii)
the applicant must lodge a notice of motion with the Environment Court that complies with section 236(2)(a) within 15 working days after the date of the regional council’s notice or the applicant’s affected application may be cancelled in accordance with subsection (12); or
(b)
does not receive advice from all the applicants for affected applications that the applicants continue to want the affected applications to be determined by the Environment Court, the regional council must—
(i)
give notice to each applicant that the applicant’s affected application is to be determined by the regional council; and
(ii)
continue to process and hear together the affected applications in accordance with this section and section 483.
(11)
Section 236(2)(b) and (c), (3), and (4) apply in relation to the notice of motion referred to in subsection (10)(a)(ii) with any necessary modifications.
(12)
If an applicant does not lodge a notice of motion with the Environment Court within 15 working days after the date of the notice under subsection (10)(a), the regional council must—
(a)
give notice to the relevant applicant that unless the applicant lodges the notice of motion within 5 working days of the date of the notice, the applicant’s affected application will be cancelled; and
(b)
if, within the period notified, or such greater period as the regional council may think reasonable in the circumstances, the applicant does not lodge the notice of motion, the regional council must cancel the applicant’s affected application.
(13)
Sections 236(5) to (7) and 237 apply in respect of the affected applications.
(14)
Sections 276 and 278 apply in respect of any affected application that the regional council is required to process and hear together with other affected applications.
Compare: 1991 No 69 s 165ZFE
483 Hearing of affected applications
The provisions of this Act that relate to the hearing and making of decisions on a coastal permit apply to the affected applications with the following modifications:
(a)
if a hearing is to be held in respect of any affected application,—
(i)
a hearing must be held for all affected applications; and
(ii)
all affected applications must be heard together; and
(b)
if an applicant or person who made a submission on an affected application makes a request under section 280(2), the regional council is not required to comply with section 280(4) but must instead consider whether to delegate under section 62(1) its functions, powers, and duties required to hear and decide all the affected applications to 1 or more hearings commissioners who are not members of the local authority; and
(c)
for the purposes of section 279(1), the date for the commencement of the hearing must be—
(i)
within 25 working days after the latest closing date for submissions on an affected application to which the PHT requirement relates, if no request is received under section 482(2); or
(ii)
within 25 working days after the date on which the council becomes subject to a requirement to continue to process and hear together affected applications under section 482(6) or (10); and
(d)
despite section 302,—
(i)
decisions on the affected applications are, subject to section 240(3), to be made in the order in which the applications were lodged; and
(ii)
notice of the decision on each affected application must be given within 30 working days after the end of the hearing or, if no hearing is held, within the period within which a hearing would have been required to be held under paragraph (c)(i) or (ii); and
(e)
paragraph (d)(i) is subject to sections 487 and 488.
Compare: 1991 No 69 s 165ZFF
484 Effect of requirement that applications be processed and heard together on power of Minister to call in applications under clause 55 of Schedule 10
(1)
Despite clause 55 or 58 of Schedule 10,—
(a)
the Minister must not make a decision as to whether to call in an affected application until all affected applications to which the relevant PHT requirement relates have been identified; and
(b)
if the Minister decides to call in an affected application by making a direction under clause 55(2) of Schedule 10, the Minister must, whether or not the Minister considers any other affected application is a proposal or part of a proposal of national significance, call in all the other affected applications under the same direction; and
(c)
in deciding whether to make the direction referred to in paragraph (b), the Minister—
(i)
may, in addition to the matters specified in clause 55(3) of Schedule 10, consider the impact that the call-in direction would have on the other affected applications, including the impact on the costs the applicants might face; and
(ii)
must have regard to the capacity of the local authority to process the affected applications and the views of—
(A)
the applicants for all the affected applications; and
(B)
the regional council; and
(C)
if the PHT requirement was made by Gazette notice under section 463, the Minister responsible for aquaculture.
(2)
Section 483(a), (d), and (e) apply if the affected applications are heard by the Environment Court or a board of inquiry and, for that purpose, the provisions of Part 6 apply in respect of the hearing and determination of the affected applications with any necessary modifications.
Compare: 1991 No 69 s 165ZFG
485 Effect of requirement that applications be processed and heard together on lodgement of applications with EPA
On and from the date on which the relevant PHT requirement comes into force, no affected application may be lodged with the EPA under clause 60 of Schedule 10.
Compare: 1991 No 69 s 165ZFH
Subpart 2—Order in which applications by existing consent holders are to be processed
486 Application
(1)
This subpart applies only to applications for coastal permits to occupy space in the common marine and coastal area for aquaculture activities.
(2)
However, this subpart does not apply to an application if, at the time the application is made, an operative plan provides for a method of allocating authorisations for the space and activity.
Compare: 1991 No 69 s 165ZG
487 Processing applications for existing permit holders
(1)
This section applies if—
(a)
a person holds a coastal permit to occupy space in the common marine and coastal area for aquaculture activities; and
(b)
the permit referred to in paragraph (a) (existing coastal permit)—
(i)
is in force at the time of any application under paragraph (c); and
(ii)
applies in relation to space in the common marine and coastal area in which aquaculture is not a prohibited activity; and
(c)
the holder of the existing coastal permit (existing permit holder) makes an application for a new coastal permit that is—
(i)
for occupation of some or all of the same space; and
(ii)
for the same or another aquaculture activity; and
(iii)
accompanied by any other applications for coastal permits related to the carrying out of the aquaculture activity; and
(d)
the application and any related applications are—
(i)
made to the appropriate consent authority; and
(ii)
made—
(A)
at least 6 months before the expiry of the existing coastal permit; or
(B)
in the period that begins 6 months before the expiry of the existing coastal permit and ends 3 months before the expiry of the existing coastal permit, and the authority, in its discretion, allows the holder to continue to operate.
(2)
If this section applies, then—
(a)
the applications must be processed and determined before any other application for a coastal permit to occupy the space that the permit applies to; and
(b)
no other application to occupy the space that the application relates to may be accepted before the determination of the application; and
(c)
the holder may continue to operate under the existing coastal permit until—
(i)
a new coastal permit is granted and all appeals are determined; or
(ii)
a new coastal permit is declined and all appeals are determined.
Compare: 1991 No 69 s 165ZH
488 Applications for space already used for aquaculture activities
(1)
This section applies to an application for a coastal permit to occupy space in the common marine and coastal area for aquaculture activities if—
(a)
the application relates to space that is subject to a permit referred to in section 487; and
(b)
the application is made by a person who is not the existing permit holder.
(2)
The application must be held by the consent authority without processing until 3 months before the expiry of the permit.
(3)
While the application is being held under subsection (2), the consent authority must not accept any other applications by persons other than the existing permit holder to occupy that space until after the application being held under subsection (2) is determined or has lapsed.
(4)
After receiving an application referred to in subsection (1), the consent authority must notify the existing permit holder—
(a)
of the application; and
(b)
that the holder can make an application in accordance with section 487(1)(c).
(5)
If an application to which section 487(1)(c) applies is made, then the application referred to in subsection (1) remains on hold until that application is determined.
(6)
If the application to which section 487(2) applies is granted, then the application referred to in subsection (1) lapses.
(7)
If no application to which section 487(2) applies is made prior to the date that is 3 months before expiry of the relevant permit, then the application being held under subsection (2) must be processed and determined in accordance with this Act.
(8)
However, the application may be processed and determined before the expiry of the 3-month period referred to in subsection (7) if the existing permit holder notifies the consent authority in writing that the holder does not propose to make an application under section 487(1)(c).
Compare: 1991 No 69 s 165ZI
489 Additional criteria for considering applications for permits for space already used for aquaculture activities
(1)
When considering an application under section 487 that relates to the same aquaculture activity, a consent authority must consider all relevant information available in relation to the existing coastal permit, including any available monitoring data.
(2)
When considering an application to which section 487 or section 488(7) or (8) applies, a consent authority must not only consider the relevant matters under this Act, but also consider the applicant’s conduct in relation to—
(a)
compliance with the relevant operative plan; and
(b)
compliance with resource consent conditions for current or previous aquaculture activities undertaken by the applicant.
(3)
In making an assessment under subsection (2)(a) and (b), the consent authority must, in relation to any successful enforcement action under Part 11, consider—
(a)
the number of any breaches that have occurred; and
(b)
the seriousness of the breach; and
(c)
how recently the breach occurred; and
(d)
the subsequent behaviour of the applicant after enforcement action.
Compare: 1991 No 69 s 165ZJ
Subpart 3—Aquaculture areas
490 Interpretation
In this subpart, unless the context otherwise requires,—
application means an application for a coastal permit to occupy space in the common marine and coastal area for aquaculture activities
aquaculture area rules means rules in a plan that provide for or relate to aquaculture activities in an aquaculture area
chief executive means the chief executive of the Ministry responsible for the administration of the Fisheries Act 1996
reservation means a decision by the chief executive under section 186JB of the Fisheries Act 1996 that they are not satisfied that the aquaculture activities provided for within the aquaculture area will not have an undue adverse effect on fishing
stock has the meaning given in section 2 of the Fisheries Act 1996.
491 Request for aquaculture area decision
(1)
If a plan prescribes aquaculture areas and provides aquaculture area rules, a person may request the chief executive to make an aquaculture area decision in respect of—
(a)
an aquaculture area; and
(b)
any aquaculture activities that may be carried out in the aquaculture area.
(2)
The request must contain the following information:
(a)
the geographic co-ordinates of the aquaculture area; and
(b)
the applicable aquaculture area rules that apply in the area; and
(c)
any other plan rules relevant to aquaculture generally (eg, limits on how close to an aquaculture area other aquaculture applications may be made); and
(d)
any technical information related to the effects of aquaculture in the aquaculture area, including—
(i)
for aquaculture areas established by the regional planning committee under Schedule 6, material related to the aquaculture area in the evaluation report and any further commissioned reports by the regional planning committee or the IHP:
(ii)
for aquaculture areas established by regulations made under section 793, material related to the aquaculture area commissioned by the Minister responsible for aquaculture (the Minister); and
(e)
any submissions made to the regional planning committee or the Minister, as the case may be, in relation to the aquaculture area and aquaculture area rules; and
(f)
any comments or advice that the regional planning committee, the IHP, or the Minister, as the case may be, has received from customary marine title groups or protected customary rights groups (see section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011).
(3)
The request must be made,—
(a)
if the plan is notified by a regional planning committee under clause 44 of Schedule 6, no later than 30 working days after—
(i)
the expiry of the appeal period in clauses 133 and 134 of Schedule 6 provided no appeals have been lodged in relation to a proposed aquaculture area rule or proposed aquaculture area; or
(ii)
the resolution of any appeal relating to the aquaculture area or aquaculture area rules; or
(b)
if the plan is amended by regulations made under section 793 recommended by the Minister, no later than 30 working days after the regulations come into force.
492 Aquaculture area subject to quota management system reservation
(1)
If the chief executive makes a reservation relating to stock that is subject to the quota management system,—
(a)
the part of the aquaculture area to which the reservation relates is closed for applications during the period (the waiting period)—
(i)
commencing on the date of the aquaculture area decision; and
(ii)
ending on the date that is 6 months later or, if an extension under section 186ZI of the Fisheries Act 1996 is granted, 9 months later; and
(b)
if an aquaculture agreement or compensation declaration relating to the reservation is registered under the Fisheries Act 1996 and the waiting period is completed,—
(i)
the terms of the agreement or declaration must be made available by the negotiator in accordance with section 186ZEA(2) of the Fisheries Act 1996; and
(ii)
each applicant must demonstrate in their application that the negotiator agrees that they have met the terms of the agreement or declaration; and
(iii)
if the application is granted, it commences in accordance with section 318; and
(c)
if no aquaculture agreement or compensation declaration relating to the reservation is so registered, the application (other than an application for an authorisation) must proceed in accordance with section 293.
(2)
In this section,—
aquaculture agreement means an aquaculture agreement registered in accordance with section 186ZH of the Fisheries Act 1996
compensation declaration means a compensation declaration registered under section 186ZHA of the Fisheries Act 1996.
493 Aquaculture area subject to reservation
An application that is granted to occupy space in an aquaculture area that is subject to a reservation must commence in accordance with section 324 if the reservation relates to—
(a)
recreational fishing or customary fishing; or
(b)
commercial fishing in relation to stocks and species not subject to the quota management system.
494 Extension of duration of aquaculture area decision
(1)
If an aquaculture area decision exists, and a regional planning committee is satisfied that a plan contains no, or minor, changes to the relevant aquaculture area and the aquaculture area rules, the regional planning committee may request the chief executive to extend the duration of the aquaculture area decision.
(2)
See section 186JI of the Fisheries Act 1996.
Subpart 4—Coastal tendering relating to certain activities
495 Application
(1)
This subpart applies to the following activities in the coastal marine area:
(a)
removing any sand, shingle, shell, or other natural material:
(b)
reclaiming or draining any foreshore or seabed.
(2)
This subpart does not apply to applications for coastal permits to authorise the occupation of a coastal marine area.
Compare: 1991 No 69 s 151AA
496 Interpretation
In this subpart, unless the context otherwise requires,—
authorisation means an authorisation granted by the Minister of Conservation under section 506
Minister means the Minister of Conservation
Order in Council means an Order in Council made under section 497.
Compare: 1991 No 69 s 151
497 Order in Council may require holding of authorisation
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, direct that a consent authority must not grant a coastal permit for a specified part of the marine and coastal area (other than for any specified freehold land) that would, if granted, authorise the permit holder to undertake an activity to which this subpart applies, unless the applicant holds an authorisation for that activity.
(2)
The Minister must not make a recommendation—
(a)
unless they consider that there is, or is likely to be, for an area to which it is proposed that the Order in Council relate, competing demands for the use of that area for all or any of the activities to which this subpart applies:
(b)
that relates to the reclamation or drainage of any foreshore or seabed in the coastal marine area of any region until a proposed plan has been prepared and notified under this Act for that region.
(3)
An Order in Council expires on the second anniversary of the date on which it came into force.
Compare: 1991 No 69 s 152
498 Application of Order in Council
An Order in Council does not apply to or affect—
(a)
any application for a coastal permit made before the date on which the Order in Council came into force:
(b)
any application, whether made before or after the date on which the Order in Council came into force, for a coastal permit to do something—
(i)
that otherwise would contravene section 25, 26, 27, or 28; or
(ii)
that otherwise would contravene section 23 (other than something described in section 495(1) that is the subject of the Order in Council):
(c)
any application for a coastal permit to which section 328 applies and any coastal permit granted as a result of any such application:
(d)
any of the following in force or being carried out on the date on which the Order in Council came into force:
(i)
any coastal permit:
(ii)
any permitted activity in the coastal marine area:
(iii)
any other lawful activity.
Compare: 1991 No 69 s 153
499 Publication, etc, of Order in Council
The Minister must, as soon as practicable,—
(a)
cause a copy of every Order in Council to be served on the appropriate regional planning committee; and
(b)
cause a notice of the making of the Order in Council and its effect to be served on—
(i)
the Minister for the Environment:
(ii)
every territorial authority whose district or any part of whose district is situated within the region to which the Order in Council relates:
(iii)
the tangata whenua of that region, through iwi authorities and groups that represent hapū.
Compare: 1991 No 69 s 154
500 Particulars of Order in Council to be endorsed on plan
On receipt of a copy of an Order in Council, the regional planning committee must endorse particulars of it on the plan, but the endorsement does not form part of the plan.
Compare: 1991 No 69 s 155
501 Effect of Order in Council
Except as otherwise provided in section 498, if an Order in Council is in force for any part of the coastal marine area, a consent authority must not grant a coastal permit authorising any activity to which this subpart applies unless—
(a)
the applicant for that permit holds an authorisation that authorises the activity; or
(b)
the Order in Council does not require such an authorisation to be held.
Compare: 1991 No 69 s 156
502 Calling of public tenders for authorisations
(1)
If an Order in Council is in force for any part of the coastal marine area, the Minister may, at any time by a publicly notified tender, offer authorisations for the whole or any portion of that part for all or any of the activities to which the Order in Council applies.
(2)
The public notice of every offer must—
(a)
specify the range of activities to which the authorisation, once issued, will apply; and
(b)
describe the area of land to which the authorisation, once issued, will apply, including the size, shape, and location of that area; and
(c)
specify the closing date for tenders, which may be any date the Minister considers appropriate; and
(d)
specify the manner in which tenders must be submitted.
(3)
The public notice may also specify—
(a)
in the case of extraction, the maximum tonnage and period (not exceeding 35 years) of extraction:
(b)
whether or not it is intended that the area will be retendered when the coastal permit to which it relates expires.
(4)
The Minister may amend, revoke, or replace any notice before the time by which tenders must be received expires.
(5)
In conducting a tender under this section, the Minister must give effect to any preferential right to which section 463(1) applies, as if they were conducting a tender under section 463.
Compare: 1991 No 69 s 157
503 Requirements of tender
(1)
Every tender for an authorisation must specify—
(a)
the activity or range of activities for which the authorisation is sought; and
(b)
for an authorisation to remove any sand, shingle, shell, or other natural material, the maximum period of any proposed coastal permit, and the maximum amount of material proposed to be extracted under the permit; and
(c)
the total remuneration offered, including—
(i)
any initial payment for the authorisation:
(ii)
any royalty for the extraction of material, and any proposed formula for adjustment of royalty.
(2)
The tender must be accompanied by—
(a)
the prescribed fee (if any) and, if an initial payment for the authorisation is offered, a cash deposit of that payment or equivalent security to the satisfaction of the Minister; and
(b)
any additional information specified in the public notice calling for tenders.
Compare: 1991 No 69 s 158
504 Acceptance of tender, etc
(1)
The Minister may, after having regard to the matters specified in subsection (2), in their discretion,—
(a)
accept any tender, whether or not it is the highest tender; or
(b)
enter into private negotiations with any tenderer, whether or not that tenderer offered the highest tender, with a view to reaching an agreement; or
(c)
reject all tenders and call for new tenders under section 502.
(2)
The matters concerned are—
(a)
the interests (including the financial interests) of the Crown in the coastal marine area; and
(b)
the financial and other circumstances of the tenderers; and
(c)
any other matters the Minister considers relevant.
(3)
If the Minister decides to accept a tender or reject all tenders, the Minister—
(a)
must without delay give written notification of the decision to the appropriate regional council and every tenderer; and
(b)
must include reasons for the decision and the details of the name of the successful tenderer and the nature of the activity to which the tender relates.
(4)
If the Minister reaches an agreement with a tenderer under subsection (1)(b), the Minister must without delay give written notification to the appropriate regional council and every other tenderer of the name of the person with whom agreement was reached and the nature of the activity to which the agreement relates.
Compare: 1991 No 69 s 159
505 Notice of acceptance of tender
(1)
Every tender accepted in accordance with section 504 must be by written notice of acceptance given by the Minister to the successful tenderer.
(2)
At the same time as giving any written notice of acceptance, the Minister must also give written notice to every other tenderer of the failure of their tender and, on request, return all documents submitted with each unsuccessful tender.
Compare: 1991 No 69 s 160
506 Grant of authorisation
(1)
If the Minister gives notice of acceptance of a tender or enters into an agreement satisfactory to the Minister under section 504(1)(b), the Minister must grant a written authorisation, in any form they think appropriate, to the successful tenderer or the person with whom the agreement was entered into.
(2)
The Minister must cause a copy of every authorisation to be given to the appropriate regional council and regional planning committee.
Compare: 1991 No 69 s 161
507 Authorisation does not confer right to coastal permit, etc
(1)
The granting of an authorisation under section 506 does not confer any right to the grant of a coastal permit for the area to which the authorisation relates.
(2)
If a coastal permit is granted to the holder of an authorisation for an area to which the authorisation relates, that permit,—
(a)
in the case of an activity to remove any sand, shingle, shell, or other natural material,—
(i)
must not be granted for a period greater than the period specified in the authorisation; and
(ii)
must not authorise the removal of any material at a rate, or of a total quantity, greater than that specified in the authorisation; and
(b)
is subject to section 300.
Compare: 1991 No 69 s 162
508 Authorisation may be transferred
Every authorisation may be transferred by its holder to any other person, but the transfer does not take effect until written notice of it has been given to and received by the Minister and the appropriate regional council and regional planning committee.
Compare: 1991 No 69 s 163
509 Authorisation to lapse in certain circumstances
(1)
An authorisation lapses unless, within 2 years after it was granted, its holder has obtained a coastal permit that includes conditions authorising the holder to undertake the activity and (if relevant) occupy the area for which the authorisation was granted.
(2)
However, the authorisation does not lapse until the time for lodging an appeal in respect of the decision has expired, or the decision of the court in respect of any appeal has been given, if—
(a)
before the second anniversary of the date an authorisation is granted, its holder has applied for a coastal permit for the activity to which the authorisation relates; and
(b)
on that second anniversary date,—
(i)
no decision has been made by the consent authority on that application; or
(ii)
the consent authority has made a decision, but the time for lodging appeals to the Environment Court has not expired, or an appeal has been lodged but no decision has been made by the court on that appeal.
Compare: 1991 No 69 s 164
510 Tender money
(1)
If a person to whom an authorisation has been granted forwarded an initial payment to the Minister under section 503(2), the money becomes the property of the Crown and, on granting the authorisation, the Minister must cause that money to be paid into a Crown Bank Account in accordance with the Public Finance Act 1989.
(2)
If an authorisation granted to a person to whom subsection (1) applies has lapsed under section 509, the Minister must cause 80% of the initial payment to be refunded to that person from a Crown Bank Account.
(3)
If any tenderer who has failed to obtain an authorisation forwarded an initial payment to the Minister under section 503(2), the Minister must as soon as practicable, cause that money to be refunded to that tenderer.
Compare: 1991 No 69 s 165
Part 9 Matters relevant to natural and built environment plans
Subpart 1—Designations
Preliminary provisions
511 Interpretation
(1)
In this Act, unless the context otherwise requires,—
CIP means a primary construction and implementation plan or secondary construction and implementation plan
identified Māori land means any of the following:
(a)
Māori customary land:
(b)
land vested in the Māori Trustee that—
(i)
is constituted as a Māori reserve by or under the Maori Reserved Land Act 1955; and
(ii)
remains subject to that Act:
(c)
land set apart as a Māori reservation under Part 17 of Te Ture Whenua Maori Act 1993:
(d)
land that forms part of a natural feature that has been declared under an Act to be a legal entity or person (including Te Urewera land within the meaning of section 7 of the Te Urewera Act 2014):
(e)
the maunga listed in section 10 of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014:
(f)
Māori freehold land:
(g)
other land held by or on behalf of an iwi or a hapū if the land was transferred from the Crown, a Crown body, or a local authority with the intention of returning the land to the holders of mana whenua over that land, but this paragraph does not apply to land transferred from or vested by the Crown, a Crown body, or a local authority under Treaty settlement legislation
natural and green infrastructure, when used in this subpart, means infrastructure that uses natural systems such as plants or soil, or mimics natural processes, to avoid, minimise, or remedy the environmental impacts of activities
primary CIP means a primary construction and implementation plan under section 518
public work includes work that relates to the construction of eligible infrastructure or natural and green infrastructure
responsible infrastructure authority has the same meaning as in section 7 of the Infrastructure Funding and Financing Act 2020
responsible special purpose vehicle has the same meaning as in section 7 of the Infrastructure Funding and Financing Act 2020
secondary CIP means a secondary construction and implementation plan under section 518
special purpose vehicle means a responsible special purpose vehicle that is identified by a levy order made under the Infrastructure Funding and Financing Act 2020 as having responsibility for the construction of eligible infrastructure.
(2)
In this Part, work relates to the construction of eligible infrastructure if the work—
(a)
involves such construction for which a special purpose vehicle has financial responsibility; or
(b)
is work—
(i)
that is required to facilitate the future construction of eligible infrastructure; and
(ii)
for which the local authority or the territorial authority giving notice of its requirement for a designation (under section 517(3)) has financial responsibility.
Compare: 1991 No 69 s 166
512 Recognition of identified Māori land as taonga tuku iho
(1)
The functions, duties, and powers conferred by this subpart must be exercised in a manner that recognises that identified Māori land is a taonga tuku iho for the owners of the land and the hapū associated with the land.
(2)
A person exercising a power or performing a function or duty under this subpart must consider the rights and interests of owners of identified Māori land to retain, control, utilise, and occupy the land for the benefit of present and future generations of owners, their whānau, and their hapū.
(3)
This section applies if the function, duty, or power is performed or exercised—
(a)
in relation to a notice of requirement for a designation, a new designation, or an existing designation:
(b)
where clause 30 of Schedule 6 applies:
(c)
under this subpart or any provision elsewhere in this Act that relates to designations.
Who may exercise designation powers
513 Application to become requiring authority
(1)
A network utility operator or an applicant other than a network utility operator (other applicant) may apply to the Minister in the prescribed form for approval as a requiring authority.
(2)
The Minister may make any inquiry into the application and request any information that the Minister considers necessary.
(3)
The Minister may, subject to section 512, approve an applicant as a requiring authority for the purposes of—
(a)
a particular project or work; or
(b)
a particular network utility operation.
(4)
The Minister may approve an application on any terms and conditions (including provision of a bond) that the Minister considers necessary.
Compare: 1991 No 69 s 167(1)–(4A)
514 Criteria for approval as requiring authority
Network utility operators
(1)
Subsections (2) and (3) apply to a network utility operator described in paragraphs (a) to (m) of the definition of that term in section 11.
(2)
The Minister must not give approval under section 513 unless the Minister is satisfied that—
(a)
the approval of the applicant as a requiring authority is appropriate for the purposes of carrying out the project, work, or network utility operation; and
(b)
the applicant is likely to satisfactorily carry out all the responsibilities (including financial responsibilities) of a requiring authority under this Act and will give proper regard to the interests of those affected and to the interests of the environment.
(3)
If the applicant is a network utility operator described in paragraph (i) of the definition of that term in section 11, the applicant need not have financial responsibility for the construction work for the purpose of the Minister being satisfied of the matters in subsection (2)(b).
Other applicants
(4)
Subsections (5) to (8) apply to any other applicant who wishes to be approved under section 513 as a requiring authority.
(5)
The Minister must not give approval under section 513 to any other applicant unless the Minister is satisfied that—
(a)
approval of the applicant as a requiring authority is appropriate for the purposes of carrying out the project or work; and
(b)
the applicant is likely to satisfactorily carry out all the responsibilities (including financial responsibilities) of a requiring authority under this Act and have proper regard to the interests of those affected and to the interests of the environment.
(6)
The Minister must not give approval under section 513 unless satisfied that—
(a)
the project or work provides a significant and identifiable public benefit necessary for the functioning of the economy, the health and safety of people, or the protection of the environment; and
(b)
the public benefit is for the general public or a sufficient section of the public; and
(c)
there are limited options for locating the project or work due to operational requirements or the project or work responds to a defined need in a specific location; and
(d)
the size and scale of the project or work is such that approval as a requiring authority is appropriate; and
(e)
the project or work is not a commercial retail activity (such as a supermarket or petrol station) or a facility to support a commercial retail activity (such as a warehousing or distribution facility).
(7)
For the purposes of subsection (6)(a), a project or work that has a significant and identifiable public benefit is not precluded just because the operator charges a fee for access or obtains a commercial benefit from it.
(8)
The Minister may have regard to—
(a)
whether the project would be more appropriately progressed using the other processes provided by this Act (such as a plan change or a resource consent); and
(b)
any other matter that the Minister considers relevant and reasonably necessary to determine the application.
515 Public notice of approval as requiring authority
(1)
The Minister’s approval under section 513 must be in writing and be notified or published in the Gazette within a reasonable time after the approval is given.
(2)
If the Minister approves any requiring authority, the Minister must also recommend that the national planning framework be amended to include the operator or other applicant in a schedule of approved requiring authorities.
(3)
Amendments to the national planning framework for the purpose of subsection (2) must be made without following any other process.
516 Revocation of approval as requiring authority
(1)
The Minister may revoke any approval given under section 513 if satisfied that—
(a)
a requiring authority is unlikely to undertake or complete a project or work for which approval as a requiring authority was given; or
(b)
a requiring authority is unlikely to satisfactorily carry out any responsibility as a requiring authority under this Act; or
(c)
a requiring authority (other than any other applicant approved as a requiring authority) is no longer a network utility operator.
(2)
The Minister’s revocation must be in writing and be notified or published in the Gazette within a reasonable time after the decision is made.
(3)
On revocation of an approval under subsection (1), all functions, powers, and duties of the former requiring authority under this Act in relation to any designation, or any requirement for a designation, must be treated as having been transferred to the Minister under section 541.
(4)
If the Minister revokes an approval of a requiring authority, the Minister must recommend that the schedule of approved requiring authorities in the national planning framework be amended to remove the requiring authority from the schedule, and section 515(3) applies with any necessary modifications.
Compare: 1991 No 69 s 167(5), (6)
Designation instruments
517 Notice of requirement for designation
(1)
A Minister of the Crown who, or a local authority which, has financial responsibility for a public work may give notice to a territorial authority of its requirement for a designation—
(a)
for a public work; or
(b)
in respect of any land, water, subsoil, or airspace where a restriction is necessary for the safe or efficient functioning or operation of a public work.
(2)
A requiring authority for a purpose approved under section 513 may give notice to a territorial authority of its requirement for a designation—
(a)
for a project or work; or
(b)
in respect of any land, water, subsoil, or airspace where a restriction is reasonably necessary for the safe or efficient functioning or operation of the project or work.
(3)
A local authority may give notice to a territorial authority of its requirement for a designation for a project or work within its district or region that relates to the construction of eligible infrastructure for which the local authority is a responsible infrastructure authority.
(4)
However, a requirement for a designation must not be made in respect of the coastal marine area.
Compare: 1991 No 69 s 168
518 Primary and secondary CIPs
(1)
A primary CIP must be lodged with the territorial authority for every notice of requirement, either at the same time or after the notice is lodged.
(2)
A primary CIP must—
(a)
identify the construction and operation activities, the associated effects, and how the requiring authority intends to manage those effects; and
(b)
list any matters that the requiring authority has decided to include in a secondary CIP; and
(c)
provide the information that is needed to enable the territorial authority and the regional planning committee (if section 526 applies) to make a recommendation under section 527.
(3)
Subject to subsection (4), the requiring authority must lodge a secondary CIP with the territorial authority to allow the territorial authority to request changes before construction is commenced.
(4)
A secondary CIP need not be lodged with the territorial authority if—
(a)
the proposed public work, project, or work has been otherwise approved under this Act; or
(b)
the details of the proposed public work, project, or work, as referred to in subsection (5), are incorporated into the designation or primary CIP; or
(c)
the territorial authority waives the requirement for a secondary CIP.
(5)
A secondary CIP must show—
(a)
the height, shape, and bulk of the public work, project, or work; and
(b)
the location on the site of the public work, project, or work; and
(c)
the likely finished contour of the site; and
(d)
the vehicular access, circulation, and provision for parking; and
(e)
the landscaping proposed; and
(f)
any other matters to avoid, minimise, or remedy any adverse effects on the environment; and
(g)
any other matter that was specified in the relevant primary CIP as being addressed in the secondary CIP.
(6)
This section applies, with all necessary modifications, to public works, projects, or works to be constructed on designated land by a territorial authority.
Compare: 1991 No 69 s 176A(1)–(3)
519 Process for confirming designation
(1)
A requiring authority may use one of the following processes to confirm a designation:
(a)
a combined process, where—
(i)
a notice of requirement and primary CIP are lodged together with the territorial authority; and
(ii)
a secondary CIP must be lodged with the territorial authority before construction commences:
(b)
a design and build process, where—
(i)
a notice of requirement and primary CIP are lodged together with the territorial authority; and
(ii)
a secondary CIP is not required:
(c)
a spatial footprint process, where—
(i)
a requiring authority gives a notice of requirement to the territorial authority and makes a decision on the notice of requirement under section 528 before a primary CIP is lodged with the territorial authority; and
(ii)
the notice of requirement includes an assessment of the effect of the restrictions on landowners and occupiers of land within or adjacent to the boundaries of the notice of requirement that will result from the designation being in place, but need not duplicate anything in the assessment of construction and operation activities required under a primary CIP; and
(iii)
before construction commences,—
(A)
a requiring authority lodges, and makes a decision on, a primary CIP; and
(B)
if required, a secondary CIP must be lodged with the territorial authority.
(2)
If the notice of requirement and primary CIP are lodged together under subsection (1)(a) or (b), those documents must include the information required by section 518(2) and subsection (1)(c)(ii).
Process for designations
520 How to give notice of requirement
(1)
A Minister of the Crown, a requiring authority, or a local authority authorised by section 517 to give a territorial authority notice of a requirement for a designation may give the notice at any time in the prescribed form.
(2)
A requiring authority may at any time withdraw a requirement by giving notice in writing to the territorial authority.
(3)
On receipt of notification under subsection (2), the territorial authority must—
(a)
publicly notify the withdrawal; and
(b)
notify all persons upon whom the requirement has been served.
Compare: 1991 No 69 s 168
521 Notification of notices of requirement and CIPs
(1)
The territorial authority must consider the notice of requirement and primary CIP together for the purpose of notification.
(2)
However, if the notice of requirement is only for a spatial footprint, the territorial authority need only consider the effects of construction and operation activities when assessing the primary CIP for the purpose of notification.
(3)
The territorial authority must publicly notify a notice of requirement or primary CIP unless subsection (4) applies.
(4)
Limited notification may be required if affected persons are identified.
(5)
When determining whether a person is an affected person for the purpose of limited notification of a notice of requirement or primary CIP, the territorial authority must consider whether the person—
(a)
has an interest in the project or work that is greater than that of the general public; or
(b)
is likely to experience adverse effects that are more than minor when compared to the level of adverse effects anticipated in the national planning framework or the relevant plan.
(6)
Despite subsection (4), if the notice of requirement or primary CIP project or work has a notification status requiring public notification under the national planning framework or the plan for the region, that notification status applies to the notice of requirement or primary CIP.
(7)
In all instances, whether public or limited notification is required, the following parties must be notified:
(a)
landowners and occupiers of land within the boundaries of the notice of requirement:
(b)
landowners and occupiers of land adjacent to the boundaries of the notice of requirement:
(c)
any relevant iwi authority and groups that represent hapū.
(8)
The territorial authority must make a determination regarding notification within 10 working days after receiving the notice of requirement or primary CIP.
522 Notice of requirement by territorial authority
(1)
This section applies if a territorial authority decides to issue a notice of requirement for a designation—
(a)
for a public work within its district and for which it has financial responsibility; or
(b)
for work within its district that relates to the construction of eligible infrastructure for which the territorial authority is a responsible infrastructure authority; or
(c)
in respect of any land, water, subsoil, or airspace where a restriction is necessary for the safe or efficient functioning or operation of a public work.
(2)
The notification requirements in section 521 apply.
(3)
Section 517 applies to the notice of requirement with all necessary modifications.
(4)
Sections 249 to 251, 272, 273, 274, 276, 277, 279, 280, 281, 282, and 524 and subpart 3 of Part 2 of Schedule 6 apply to the notice of requirement with all necessary modifications and as if—
(a)
a reference to a resource consent were a reference to the requirement; and
(b)
a reference to an application for a resource consent were a reference to the notice of requirement; and
(c)
a reference to an activity were a reference to the designation; and
(d)
a reference to an applicant or a consent authority were a reference to the territorial authority.
(5)
The date for the commencement of a hearing is as follows:
(a)
if the territorial authority gives a direction under clause 87 of Schedule 6, the date must be within 40 working days after the closing date for submissions on the notice of requirement:
(b)
section 279 applies if no direction is given under clause 87 of Schedule 6.
(6)
When considering a requirement and any submissions received, a territorial authority must not have regard to—
(a)
any effect of an activity on scenic views from private properties; or
(b)
the visibility of commercial signage or advertising being obscured as an effect of an activity; or
(c)
any adverse effect, real or perceived, arising from the use of the land for housing, if that effect is attributed to—
(i)
the social or economic characteristics of residents; or
(ii)
types of residential use, such as rental housing or housing for people with disability needs or who are beneficiaries; or
(iii)
residents requiring support or supervision in their housing because of their legal status or disabilities; or
(d)
trade competition or the effects of trade competition.
(7)
When considering a requirement and any submissions received, a territorial authority may have regard to the purpose of the Act only if, and to the extent that, it is necessary—
(a)
to resolve ambiguity in the national planning framework:
(b)
to resolve conflict between framework outcomes:
(c)
to deal with a matter that is not addressed in the national planning framework.
(8)
When considering a requirement and any submissions received, a territorial authority must consider the effects on the environment of allowing the requirement, having particular regard to—
(a)
any relevant provisions of—
(i)
the national planning framework:
(ii)
a plan or proposed plan; and
(b)
consistency with the regional spatial strategy; and
(c)
whether adequate consideration has been given to alternative sites, routes, or methods of undertaking the project or work if—
(i)
the requiring authority does not have an interest in the land sufficient for undertaking the project or work; or
(ii)
it is likely that the project or work will have a significant adverse effect on the environment; and
(d)
if the project or work concerned has not been described in a regional spatial strategy, whether the project or work, and designation, are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought; and
(e)
any other matter the territorial authority considers reasonably necessary in order to make a decision on the requirement.
(9)
However, there is no need to consider alternatives under subsection (8)(c) if the project or work concerned has been spatially identified in a regional spatial strategy and alternative sites, routes, or methods of undertaking the project or work were adequately considered by the regional planning committee in preparing the regional spatial strategy.
(10)
If the project or work concerned has been described in a regional spatial strategy, the territorial authority must not consider whether the project or work, and designation, are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought.
(11)
The effects to be considered under subsection (8) may include any positive effects on the environment to offset or take steps to provide environmental compensation for any adverse effects on the environment that will or may result from the project or work enabled by the designation, as long as those effects result from measures proposed or agreed to by the requiring authority.
(12)
The territorial authority may decide to—
(a)
confirm the requirement:
(b)
modify the requirement:
(c)
impose conditions:
(d)
withdraw the requirement.
(13)
For the purposes of this section,—
(a)
a reference to a requirement includes the different processes described in section 526(1):
(b)
if the territorial authority considers a notice of requirement or primary CIP separately, the requirements in this section apply to the extent that they are within the scope of, and are relevant to, the notice of requirement or primary CIP, as the case may be.
(14)
Sections 529, 530, and 534 apply, with all necessary modifications, in respect of a decision made under subsection (12).
Compare: 1991 No 69 s 168A
523 Secondary CIP notification, changes, and information requests
(1)
Within 20 working days after receiving a secondary CIP, the territorial authority must—
(a)
confirm that the secondary CIP addresses matters contained in the primary CIP; and
(b)
if the secondary CIP does not address matters contained in the primary CIP or addresses matters not contained in the primary CIP,—
(i)
notify the secondary CIP in accordance with the criteria set out in section 521(2) as if the secondary CIP were a primary CIP; or
(ii)
request the requiring authority to make changes to the secondary CIP within 20 working days after the territorial authority’s request is made.
(2)
Before deciding whether to notify or request changes to the secondary CIP under subsection (1)(b), the territorial authority may request further information from the requiring authority to be provided within 20 working days after the territorial authority’s request is made.
(3)
The territorial authority may extend the period specified for subsection (1)(b) if it requests the requiring authority to provide further information.
(4)
If the requiring authority does not provide the requested further information within the required time frame, the territorial authority may treat the secondary CIP as a primary CIP and, in that case, it is subject to section 521.
(5)
If the requiring authority decides not to make the changes requested under subsection (1)(b)(ii), the territorial authority may, within 15 working days after being notified of the requiring authority’s decision, appeal against the decision to the Environment Court.
(6)
In determining the appeal, the Environment Court must consider whether the changes requested by the territorial authority are in accordance with the purpose of this Act.
(7)
This section applies, with all necessary modifications, to public works, projects, or works to be constructed on designated land by a territorial authority.
Compare: 1991 No 69 s 176A(4)–(6)
524 Further information, submissions, and hearing for notice of requirement
(1)
A territorial authority need not hold a hearing in relation to a notice of requirement or primary CIP unless—
(a)
it considers that a hearing is necessary; or
(b)
either the applicant or a person who made a submission in respect of the notice of requirement or primary CIP has requested to be heard and has not subsequently advised that they do not wish to be heard.
(2)
However, the territorial authority must not waive the requirement for a hearing if—
(a)
a hearing is required by an agreement between the consent authority and an iwi authority, groups that represent hapū, or Māori groups with interests in the region or district or by Treaty settlement legislation; or
(b)
it is more effective and efficient for issues and information to be tested at a hearing.
(3)
The territorial authority may request the requiring authority and submitters to provide further information for the purpose of determining whether a hearing is necessary, including—
(a)
clarification of submissions; and
(b)
expert evidence.
(4)
The territorial authority must inform the applicant and the submitters, within 10 working days or the time prescribed by regulations made under section 801, whether a hearing will be held.
(5)
If the territorial authority holds a hearing, it—
(a)
may invite the applicant, any person commissioned to write a report, any submitters, or any relevant persons (including technical experts) to be heard:
(b)
must invite the applicant to be heard if the territorial authority is hearing from submitters or any other persons wishing to be heard.
Compare: 1991 No 69 s 169(1)–(1B)
525 Application of resource consent hearing provisions
(1)
Sections 249 to 251, 272 to 277, 279, 280 to 282, and 524 and subpart 3 of Part 2 of Schedule 6 apply in relation to the hearing of a notice of requirement or primary CIP—
(a)
as if the territorial authority were a consent authority and the notice or primary CIP were an application for a resource consent; and
(b)
with any other necessary modifications.
(2)
A person making a submission on a notice of requirement or primary CIP must provide the territorial authority with the following information when filing the submission:
(a)
details of what the submitter is seeking:
(b)
supporting material and associated information explaining their request, including copies of any expert reports relied upon in the person’s submission.
Compare: 1991 No 69 s 169(2), (3)
Further provisions relating to designations
526 Discretion to include requirement in proposed plan
(1)
Subsection (2) applies if a regional planning committee proposes to notify a proposed plan under clause 34 of Schedule 6 within 40 working days after the territorial authority receives—
(a)
a notice of requirement to be included in the plan (but without an accompanying primary CIP); or
(b)
a notice of requirement together with a primary CIP to be included in the plan; or
(c)
a primary CIP lodged after the notice of requirement is included in the plan.
(2)
The regional planning committee may, with the consent of the requiring authority and the territorial authority, include the requirement and primary CIP in its proposed plan without compliance with sections 521, 524, and 525.
Compare: 1991 No 69 s 170
527 Recommendation by territorial authority and regional planning committee
(1)
When considering a requirement and any submissions received, a territorial authority and a regional planning committee must not have regard to—
(a)
any effect of an activity on scenic views from private properties; or
(b)
the visibility of commercial signage or advertising being obscured as an effect of an activity; or
(c)
any adverse effect, real or perceived, arising from the use of the land for housing, if that effect is attributed to—
(i)
the social or economic characteristics of residents; or
(ii)
types of residential use, such as rental housing or housing for people with disability needs or who are beneficiaries; or
(iii)
residents requiring support or supervision in their housing because of their legal status or disabilities; or
(d)
trade competition or the effects of trade competition.
(2)
When considering a requirement and any submissions received, a territorial authority and a regional planning committee may have regard to the purpose of the Act only if, and to the extent that, it is necessary—
(a)
to resolve ambiguity in the national planning framework:
(b)
to resolve conflict between framework outcomes:
(c)
to deal with a matter that is not addressed in the national planning framework.
(3)
When considering a requirement and any submissions received, a territorial authority and a regional planning committee must consider the effects on the environment of allowing the requirement, having particular regard to—
(a)
any relevant provisions of—
(i)
the national planning framework:
(ii)
a plan or proposed plan; and
(b)
consistency with the regional spatial strategy; and
(c)
whether adequate consideration has been given to alternative sites, routes, or methods of undertaking the project or work if—
(i)
the requiring authority does not have an interest in the land sufficient for undertaking the project or work; or
(ii)
it is likely that the project or work will have a significant adverse effect on the environment; and
(d)
if the project or work concerned has not been described in a regional spatial strategy, whether the project or work, and designation, are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought; and
(e)
any other matter the territorial authority or regional planning committee considers reasonably necessary in order to make a recommendation on the requirement.
(4)
However, there is no need to consider alternatives under subsection (3)(c) if the project or work concerned has been spatially identified in a regional spatial strategy and alternative sites, routes, or methods of undertaking the project or work were adequately considered by the regional planning committee in preparing the regional spatial strategy.
(5)
If the project or work concerned has been described in a regional spatial strategy, the territorial authority and the regional planning committee must not consider whether the project or work, and designation, are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought.
(6)
The effects to be considered under subsection (3) may include any positive effects on the environment to offset or take steps to provide environmental compensation for any adverse effects on the environment that will or may result from the project or work enabled by the designation, as long as those effects result from measures proposed or agreed to by the requiring authority.
(7)
The territorial authority and the regional planning committee may recommend to the requiring authority that it—
(a)
confirm the requirement:
(b)
modify the requirement:
(c)
impose conditions:
(d)
withdraw the requirement.
(8)
However, if the requiring authority is the Minister of Education or the Minister of Defence, the territorial authority and the regional planning committee may not recommend imposing a condition requiring an environmental contribution.
(9)
The territorial authority and the regional planning committee must give reasons for their recommendation under subsection (7) and make any recommendation within the time prescribed by regulations made under section 801 (if any) after finalising its recommendation (regardless of whether a hearing was held).
(10)
For the purposes of this section,—
(a)
a reference to a requirement includes the different processes described in section 526(1):
(b)
a reference to a regional planning committee relates to the circumstances where section 526 applies:
(c)
if the territorial authority or regional planning committee considers a notice of requirement or primary CIP separately, the requirements in this section apply to the extent that they are within the scope of, and are relevant to, the notice of requirement or primary CIP, as the case may be.
Compare: 1991 No 69 s 171
528 Decision of requiring authority
(1)
Within 30 working days after the day on which it receives a territorial authority’s recommendation under section 527, a requiring authority must advise the territorial authority whether the requiring authority accepts or rejects the recommendation in whole or in part.
(2)
A requiring authority may modify a requirement if, and only if, that modification is recommended by the territorial authority or is not inconsistent with the requirement as notified.
(3)
If a requiring authority rejects the recommendation in whole or in part, or modifies the requirement, the authority must give reasons for its decision.
(4)
For the purposes of this section, a reference to a requirement includes the different processes described in section 526(1).
Compare: 1991 No 69 s 172
529 Notification of decision on designation
(1)
The territorial authority must ensure that, within 15 working days after it receives a decision made under section 528, a notice of decision and a statement of the time within which an appeal against the decision may be lodged is served on—
(a)
persons who made a submission on the requirement; and
(b)
owners and occupiers of land to which the designation applies.
(2)
If the territorial authority gives a notice summarising a decision, it must—
(a)
make a copy of the decision available (whether physically or by electronic means) at all its offices and all public libraries in the region; and
(b)
include with the notice a statement of the places where a copy of the decision is available; and
(c)
send or provide, on request, a copy of the decision within 3 working days after the request is received.
530 Designation to be provided for in plan
(1)
Subsection (2) applies to a territorial authority if—
(a)
a requiring authority makes a decision under section 528 and one of the following applies:
(i)
no appeal is lodged against the requiring authority’s decision within the time permitted by section 534(3)(c); or
(ii)
an appeal is lodged against the requiring authority’s decision under section 534 but is withdrawn or dismissed; or
(iii)
an appeal is lodged against the requiring authority’s decision and the Environment Court confirms or modifies the requirement; or
(b)
a board of inquiry decides to confirm a requirement with or without modifications under clause 80(4) of Schedule 10; or
(c)
the Environment Court decides to confirm a requirement with or without modifications under section 551 or 557 or clause 85(4) of Schedule 10.
(2)
The territorial authority must request the regional planning committee to, as soon as practicable and without using Schedule 6,—
(a)
include the designation in its plan and any proposed plan (as if it were a rule) in accordance with the requirement as issued or modified in accordance with this Act; and
(b)
state in its plan and in any proposed plan the name of the requiring authority that has the benefit of the designation.
Compare: 1991 No 69 s 175
531 Effect of designation
(1)
If a designation is included in a plan, then—
(a)
section 21(1), to the extent that it applies to a plan rule administered by a territorial authority, does not apply to a public work or project or work undertaken by a requiring authority under the designation; and
(b)
no person may, without the prior written consent of that requiring authority, do anything in relation to the land that is subject to the designation that would prevent or hinder a public work or project or work to which the designation relates, including—
(i)
undertaking any use of the land; and
(ii)
subdividing the land; and
(iii)
changing the character, intensity, or scale of the use of the land.
(2)
A designation in a plan must comply with environmental limits set under section 110 unless an exemption to that limit has been directed under section 115.
(3)
The provisions of a plan or proposed plan apply in relation to any land that is subject to a designation only to the extent that the land is used for a purpose other than the designated purpose.
(4)
This section is subject to section 532.
Compare: 1991 No 69 s 176
532 Land subject to existing designation
(1)
If a designation is included in a plan, and the land that is the subject of the designation is already the subject of an earlier designation,—
(a)
the requiring authority responsible for the later designation may do anything that is in accordance with that designation only if that authority has first obtained the written consent of the authority responsible for the earlier designation; and
(b)
the authority responsible for the earlier designation may, despite section 531(1)(b) and without obtaining the prior written consent of the later requiring authority, do anything that is in accordance with the earlier designation.
(2)
The authority responsible for the earlier designation may withhold its consent under subsection (1) only if that authority is satisfied that the thing to be done would prevent or hinder the public work or project or work to which the designation relates.
(3)
This section is subject to section 21(1) (except to the extent that it applies to a plan rule administered by a territorial authority) and sections 22 to 26.
Compare: 1991 No 69 s 177
533 Interim effect of requirements for designations
(1)
This section applies when—
(a)
(b)
a requiring authority gives notice of a requirement for a designation to a territorial authority under section 517:
(c)
a requiring authority gives notice of a requirement for a modified designation under clause 30 of Schedule 6:
(d)
a regional planning committee decides to include a requirement for a designation in its proposed plan under clause 30 of Schedule 6:
(e)
a territorial authority decides to issue a notice of requirement for a designation within its own district under section 522.
(2)
In the period that starts as described in subsection (3) and ends as described in subsection (4), no person may do anything that would prevent or hinder the public work, project, or work to which the designation relates unless the person has the prior written consent of the requiring authority.
(3)
The period starts,—
(a)
for the purposes of subsection (1)(a), on the day on which the requiring authority gives notice under clause 60(2) of Schedule 10:
(b)
for the purposes of subsection (1)(b), on the day on which the requiring authority gives notice of the requirement under section 517:
(c)
for the purposes of subsection (1)(c), on the day on which the requiring authority gives notice of the requirement for the modified designation under clause 30 of Schedule 6:
(d)
for the purposes of subsection (1)(d), on the day on which the regional planning committee decides to include a requirement for a designation in its proposed plan under clause 30 of Schedule 6:
(e)
for the purposes of subsection (1)(e), on the day on which the territorial authority decides whether to notify the notice of requirement under section 522.
(4)
The period ends on the earliest of the following days:
(a)
the day on which the requirement is withdrawn:
(b)
the day on which the requirement is cancelled:
(c)
the day on which the designation is included in a plan:
(d)
if the territorial authority makes a recommendation in relation to the designation, but the requiring authority does not make its decision on the designation within the 30 working days specified in section 528(1), 6 months after the expiry of those 30 working days.
(5)
A person who contravenes subsection (2) does not commit an offence against this Act unless the person knew, or could reasonably be expected to have known, of the existence of the requirement.
(6)
This section does not prevent an authority responsible for an earlier designation from doing anything that is in accordance with the earlier designation.
Compare: 1991 No 69 s 178
534 Appeal to Environment Court
(1)
This section applies if the process in sections 517 to 523 (but not the process under section 526) for designations is followed (see clause 135 of Schedule 6 for appeals where the plan process is followed).
(2)
Any 1 or more of the following persons may appeal to the Environment Court in accordance with this section against the whole or any part of a decision of a requiring authority under section 528:
(a)
the territorial authority concerned:
(b)
any person who made a submission on the requirement.
(3)
Notice of an appeal under this section must—
(a)
state the reasons for the appeal and the relief sought; and
(b)
state any matters required to be stated by regulations made under section 801; and
(c)
be lodged with the Environment Court and be served on the requiring authority whose decision is appealed against within 15 working days after the date on which notice of the decision is given in accordance with section 529.
(4)
The appellant must ensure that a copy of the notice of appeal is served on every person referred to in subsection (2) (other than the appellant) within 5 working days after the notice is lodged with the court.
(5)
In determining an appeal, the Environment Court must have regard to the matters set out in section 527(3) and comply with section 527(1) as if it were a territorial authority, and may—
(a)
cancel a requirement; or
(b)
confirm a requirement; or
(c)
confirm a requirement, but modify it or impose conditions on it as the court thinks fit.
(6)
However, if the requiring authority is the Minister of Education or the Minister of Defence, the court may not impose a condition under subsection (5)(c) requiring an environmental contribution.
Compare: 1991 No 69 s 174
535 Appeals relating to sections 531(1)(b), 532(2), and 533(2)
(1)
Any person who has been refused consent by a requiring authority under section 531(1)(b), 532(2), or 533(2), or who has been granted consent under any of those provisions subject to conditions, may appeal to the Environment Court against the refusal or the conditions.
(2)
Notice of an appeal under this section must—
(a)
state the reasons for the appeal and the relief sought; and
(b)
state any matters required to be stated by regulations made under section 801; and
(c)
be lodged with the Environment Court and served on the requiring authority whose decision is appealed against within 15 working days of receiving the requiring authority’s decision under section 531(1)(b), 532(2), or 533(2).
(3)
In considering an appeal under this section, the court must have regard to—
(a)
whether the decision appealed against has caused or is likely to cause serious hardship to the appellant; and
(b)
whether the decision appealed against would render the land that is subject to the designation or requirement incapable of reasonable use; and
(c)
the extent to which the decision may be modified without wholly or partly nullifying the effect of the requirement or designation.
(4)
The Environment Court may confirm or reverse the decision appealed against or modify the decision in any manner that the court thinks fit.
Compare: 1991 No 69 s 179
536 Alteration of designation
(1)
A requiring authority that is responsible for a designation may at any time give notice to the territorial authority of its requirement to alter the designation.
(2)
Subject to subsection (3), sections 253 to 257 and 517 to 530, with all necessary modifications, apply to a requirement referred to in subsection (1) as if it were a requirement for a new designation.
(3)
A territorial authority may request the regional planning committee at any time to alter a designation in its plan or proposed plan if—
(a)
the alteration—
(i)
involves no more than a minor change to the effects on the environment associated with the use or proposed use of land or any water concerned; or
(ii)
involves only minor changes or adjustments to the boundaries of the designation or requirement; and
(b)
written notice of the proposed alteration has been given to every owner or occupier of the land directly affected and those owners or occupiers agree with the alteration; and
(c)
the requiring authority agrees with the alteration.
(4)
Sections 253 to 257 and 517 to 530 do not apply to an alteration under subsection (3).
(5)
If a plan provision becomes more permissive,—
(a)
the requiring authority may give notice in writing to the regional planning committee to alter the notice of requirement or CIP (or both) to align the document or documents with the more permissive provision; and
(b)
the regional planning committee must alter the relevant documents in the manner provided in section 530(2).
(6)
This section applies, with all necessary modifications, to a requirement by a territorial authority to alter its own designation or requirement within its own district.
Compare: 1991 No 69 s 181
537 Removal of designation
(1)
If a requiring authority no longer wants a designation or part of a designation, it must give notice in the prescribed form to—
(a)
the regional planning committee concerned; and
(b)
every person who is known by the requiring authority to be the owner or occupier of any land to which the designation relates; and
(c)
every other person who, in the opinion of the requiring authority, is likely to be affected by the designation.
(2)
As soon as is reasonably practicable after receiving a notice under subsection (1), the regional planning committee must, without using the process in Schedule 6, amend its plan accordingly.
(3)
The provisions of Schedule 6 do not apply to any removal of a designation or part of a designation under this section.
(4)
However, if a regional planning committee considers the effect of the removal of part of a designation on the remaining designation is more than minor, it may, within 20 working days of receipt of the notice under subsection (1), decline to remove that part of the designation.
(5)
A requiring authority may object, under section 764, to any decision to decline removal of part of a designation under subsection (4).
Compare: 1991 No 69 s 182
538 Lapsing of designations that have not been given effect to
(1)
A designation lapses on the expiry of 10 years after the date on which it is included in a plan unless—
(a)
it is given effect to before the end of that period; or
(b)
the territorial authority determines, on an application made within 3 months before the expiry of that period, that substantial progress or effort has been made towards giving effect to the designation, and is continuing to be made, and fixes a longer period for the purposes of this subsection; or
(c)
the designation specified a different period when incorporated in the plan.
(2)
If subsection (1)(b) or (c) applies in respect of a designation, the designation lapses on the expiry of the period referred to in that paragraph unless—
(a)
it is given effect to before the end of that period; or
(b)
the territorial authority determines, on an application made within 3 months before the expiry of that period, that substantial progress or effort has been made towards giving effect to the designation, and is continuing to be made, and fixes a longer period for the purposes of this subsection.
(3)
A requiring authority may object, under section 764, to a decision not to fix a longer period for the purposes of subsection (1).
Compare: 1991 No 69 s 184
539 Environment Court may order taking of land
(1)
An owner of an estate or interest in land (including a leasehold estate or interest) that is subject to a designation or requirement under this Part may apply at any time to the Environment Court for an order obliging the requiring authority responsible for the designation or requirement to acquire or lease all or part of the owner’s estate or interest in the land under the Public Works Act 1981.
(2)
An application under subsection (1) must be in the prescribed form and the applicant must serve a copy of the application on the requiring authority and the regional planning committee.
(3)
The Environment Court may make an order applied for under subsection (1) if it is satisfied that—
(a)
the owner has tried, but been unable, to enter into an agreement for the sale of the estate or interest in the land subject to the designation or requirement at a price not less than the market value that the land would have had if it had not been subject to the designation or requirement; and
(b)
either—
(i)
the designation or requirement prevents reasonable use of the owner’s estate or interest in the land; or
(ii)
the applicant was the owner, or the spouse, civil union partner, or de facto partner of the owner, of the estate or interest in the land when the designation or requirement was created.
(4)
Before making an order under subsection (1), the court may direct the owner to take further action to try to sell the estate or interest in the land.
(5)
If the Environment Court makes an order to take an estate or interest in land under the Public Works Act 1981, the owner of that estate or interest must be treated as having entered into an agreement with the requiring authority responsible for the designation or requirement for the purposes of section 17 of the Public Works Act 1981.
(6)
If subsection (5) applies in respect of a requiring authority that is a network utility operator approved under section 513,—
(a)
any agreement must be treated as having been entered into with the Minister for Land Information on behalf of the network utility operator as if the land were required for a government work; and
(b)
all costs and expenses incurred by the Minister for Land Information in respect of the acquisition of the land are recoverable from the network utility operator as a debt due to the Crown.
(7)
The amount of compensation payable for an estate or interest in land ordered to be taken under this section must be assessed as if the designation or requirement had not been created.
Compare: 1991 No 69 s 185
540 Compulsory acquisition powers
(1)
A network utility operator or other applicant that is a requiring authority may apply to the Minister for Land Information to have land required for a project or work acquired or taken under Part 2 of the Public Works Act 1981 as if the project or work were a government work within the meaning of that Act and, if the Minister for Land Information agrees, that land may be taken or acquired.
(2)
A Proclamation taking land for the purposes of subsection (1) vests the land in the network utility operator or other applicant that is a requiring authority instead of the Crown.
(3)
Any land held under any enactment or in any other manner by the Crown or a local authority may, with the consent of the Crown or that authority and on any terms and conditions (including price) that may be agreed, be set apart for a project or work of a network utility operator or other applicant that is a requiring authority in the manner provided in sections 50 and 52 of the Public Works Act 1981 (with the necessary modifications), but the setting apart is not be subject to sections 40 and 41 of that Act and any land so set apart vests in the network utility operator or other applicant that is a requiring authority.
(4)
Any claim for compensation under the Public Works Act 1981 in respect of land acquired or taken in accordance with this section must be made against the Minister for Land Information.
(5)
All costs and expenses incurred by the Minister for Land Information in respect of the acquisition or taking of land in accordance with this section (including any compensation payable by the Minister) are recoverable from the network utility operator or other applicant that is a requiring authority as a debt due to the Crown.
(6)
Sections 40 and 41 of the Public Works Act 1981 apply to land acquired or taken in accordance with this section as if the network utility operator or other applicant that is a requiring authority concerned were the Crown.
(7)
This section does not apply if—
(a)
the network utility operator or other applicant that is a requiring authority is a responsible special purpose vehicle; and
(b)
the land is protected Māori land as defined in section 11 of the Infrastructure Funding and Financing Act 2020.
(8)
For the purposes of this section, an interest in land, including a leasehold interest, may be acquired or taken as if references to land were references to an interest in land.
Compare: 1991 No 69 s 186
541 Transfer of rights and responsibilities for designations
(1)
If the financial responsibility for a project or work or network utility operation is transferred from one requiring authority to another, responsibility for any relevant designation must also be transferred and the requiring authority transferring responsibility must advise the regional planning committee of the transfer.
(2)
A requiring authority responsible for a designation (the former requiring authority) may temporarily transfer responsibility for its designation to another requiring authority (the new requiring authority) to enable the new requiring authority to relocate infrastructure for that designation and, in that case,—
(a)
the new requiring authority must give the regional planning committee and the relevant territorial authority written notice of the transfer that—
(i)
includes the former requiring authority’s consent to the transfer; and
(ii)
indicates the intention to relocate the infrastructure within the footprint of the designation; and
(b)
the territorial authority may—
(i)
require the new requiring authority to lodge a secondary CIP to make any changes to the former requiring authority’s CIP that the territorial authority thinks necessary; or
(ii)
waive the requirement for a secondary CIP so that the relocation can proceed within the terms of the designation.
(3)
The regional planning committee must advise the Minister and the relevant territorial authority of the transfer of financial responsibility, the transfer of responsibility for the designation, and any temporary transfer of responsibility for the designation to enable the relocation of infrastructure.
(4)
For the purposes of section 530(2)(b), the transfers must, without using the process in Schedule 6, be noted in the plan and have effect on their terms.
Compare: 1991 No 69 s 180
542 When financial responsibility is transferred to responsible special purpose vehicle
(1)
This section applies if—
(a)
a local authority or territorial authority holds a designation for work that relates to the construction of eligible infrastructure within the meaning of paragraph (b) of the definition of relates to the construction of eligible infrastructure in section 511(2); and
(b)
a responsible special purpose vehicle has taken over, or proposes to take over, the construction; and
(c)
a designation continues to be required for the construction; and
(d)
the responsible special purpose vehicle is not a requiring authority; and
(e)
the authority is the responsible infrastructure authority in relation to the construction.
(2)
The designation continues to apply to the construction work.
(3)
The responsible infrastructure authority may, by written notice, delegate to the responsible special purpose vehicle those functions, duties, and powers in relation to the designation that relate to the construction of eligible infrastructure.
(4)
The responsible special purpose vehicle must perform those delegated functions and duties and exercise those delegated powers in accordance with any conditions attached to the designation.
(5)
A delegation does not affect the performance or exercise of any function, duty, or power by the responsible infrastructure authority.
Compare: 1991 No 69 s 180A
Time limits from which time periods are excluded in relation to designations
543 Time limits from which time periods are excluded in relation to designations
(1)
This section provides for the deferral of certain time limits relating to designations.
(2)
The first column of the table lists the provisions specifying time limits from which certain time periods must be excluded.
(3)
The second column lists the provisions describing time periods that must be excluded from the corresponding time limits.
| Provisions specifying time limits | Provisions describing time periods to be excluded | |
|---|---|---|
| Section 521(8) (which relates to the time limit for a territorial authority to make a determination regarding notification after receiving the notice of requirement or primary CIP) | ||
| Section 522(5) (which relates to the time limit for commencement of a hearing of a notified notice of requirement given by a territorial authority) | ||
| Section 525(1) (which relates to the time limit for commencement of a hearing of a notified notice of requirement given to a territorial authority) | ||
| Section 550(3) (which relates to the time limit for a territorial authority report on a notice of requirement, given to a territorial authority, to be directly referred to the Environment Court) | ||
| Section 556(2) (which relates to the time limit for a territorial authority report on a notice of requirement, given by a territorial authority, to be directly referred to the Environment Court) |
Compare: 1991 No 69 s 198AA
544 Excluded time periods relating to provision of further information
Request for further information
(1)
Subsection (2) applies when—
(a)
a territorial authority has requested a requiring authority, under section 249(1), to provide further information on a notice of requirement; and
(b)
the request is the first request made by the territorial authority to the requiring authority under that provision—
(i)
at all; or
(ii)
after the closing date for submissions.
(2)
The period that must be excluded from every applicable time limit under section 543 is the period—
(a)
starting with the date of the request under section 249(1); and
(b)
ending as follows:
(i)
if the requiring authority provides the information within 15 working days, the date on which it provides the information:
(ii)
if the requiring authority agrees within 15 working days to provide the information and provides the information, the date on which it provides the information:
(iii)
if the requiring authority agrees within 15 working days to provide the information and does not provide the information, the date set under section 250(2)(a):
(iv)
if the requiring authority does not respond to the request within 15 working days, the date on which the period of 15 working days ends:
(v)
if the requiring authority refuses within 15 working days to provide the information, the date on which it refuses to provide the information.
Commissioning of report—other authority agrees
(3)
Subsection (4) applies when—
(a)
a territorial authority has notified a requiring authority, under section 249(2)(b), of its wish to commission a report; and
(b)
the requiring authority agrees, under section 251(1), to the commissioning of the report.
(4)
The period that must be excluded from every applicable time limit under section 543 is the period—
(a)
starting with the date of the notification under section 249(2)(b); and
(b)
ending with the date on which the territorial authority receives the report.
Commissioning of report—other authority disagrees
(5)
Subsection (6) applies when—
(a)
a territorial authority has notified a requiring authority, under section 249(2)(b), of its wish to commission a report; and
(b)
the requiring authority does not agree, under section 251(1), to the commissioning of the report.
(6)
The period that must be excluded from every applicable time limit under section 543 is the period—
(a)
starting with the date of the notification under section 249(2)(b); and
(b)
ending with the earlier of the following:
(i)
the date on which the period of 15 working days ends; and
(ii)
the date on which the territorial authority receives the requiring authority’s refusal, under section 251(1), to agree to the commissioning of the report.
Compare: 1991 No 69 s 198AB
545 Excluded time periods relating to direct referral
Request for direct referral declined and no objection
(1)
Subsection (2) applies when—
(a)
a requiring authority makes a request under section 548(1); and
(b)
the territorial authority declines the request under section 549(4) to (2); and
(c)
the requiring authority does not object under section 764.
(2)
The period that must be excluded from every applicable time limit under section 543 is the period—
(a)
starting with the date on which the territorial authority receives the request; and
(b)
ending with the date on which the 15 working days referred to in section 768(1) end.
Request for direct referral declined and objection dismissed
(3)
Subsection (4) applies when—
(a)
a requiring authority makes a request under section 548(1); and
(b)
the territorial authority declines the request under section 549(4) to (2); and
(c)
the territorial authority dismisses the requiring authority’s objection under section 770.
(4)
The period that must be excluded from every applicable time limit under section 543 is the period—
(a)
starting with the date on which the territorial authority receives the request; and
(b)
ending with the date on which the territorial authority notifies the requiring authority of its decision to dismiss the objection.
Request for direct referral granted or objection upheld
(5)
Subsection (6) applies when—
(a)
a requiring authority makes a request under section 548(1); and
(b)
either—
(i)
the territorial authority grants the request under section 549(4) to (2); or
(ii)
the territorial authority declines the request under section 549(4) to (2), but upholds the requiring authority’s objection under section 770.
(6)
The period that must be excluded from every applicable time limit under section 543 is the period—
(a)
starting with the date on which the territorial authority receives the request; and
(b)
ending with the earlier of the following:
(i)
the date on which the 15 working days referred to in section 551(2)(a) end; and
(ii)
the date on which the requiring authority advises the territorial authority that it does not intend to lodge a notice of motion with the Environment Court under section 551(2).
Decision to make direct referral to Environment Court
(7)
Subsection (8) applies when a territorial authority makes a decision under section 554(1).
(8)
The period that must be excluded from every applicable time limit under section 543 is the period—
(a)
starting with the date on which the territorial authority makes the decision; and
(b)
ending with the earlier of the following:
(i)
the date on which the 15 working days referred to in section 557(1)(a) end; and
(ii)
the date on which the territorial authority decides not to lodge a notice of motion with the Environment Court under section 557(1).
Compare: 1991 No 69 s 198AC
546 Excluded time periods relating to other matters
Approval sought from affected persons or groups
(1)
Subsection (2) applies when a requiring authority tries, for the purposes of section 267, to obtain approval for an activity from any person or group that may otherwise be considered an affected person, affected protected customary rights group, or affected customary marine title group in relation to the activity.
(2)
The period that must be excluded from every applicable time limit under section 543 is the time taken by the requiring authority in trying to obtain the approvals, whether or not they are obtained.
Referral to mediation
(3)
Subsection (4) applies when a territorial authority refers persons to mediation under section 277.
(4)
The period that must be excluded from every applicable time limit under section 543 is the period—
(a)
starting with the date of the reference; and
(b)
ending with the earlier of the following:
(i)
the date on which one of the persons referred to mediation gives the other persons referred and the mediator a written notice withdrawing the person’s consent to the mediation; and
(ii)
the date on which the mediator reports the outcome of the mediation to the territorial authority.
Compare: 1991 No 69 s 198AD
Streamlining decision making on designations
547 Sections 548 to 553 apply to requirements under section 517 or 536
(1)
Sections 548 to 553 apply when a requiring authority wants one of the following requirements to be the subject of a decision by the Environment Court instead of a recommendation by a territorial authority and a decision by the requiring authority:
(a)
a requirement for a designation under section 517 that has been notified:
(b)
a requirement under section 536 (other than a notice to which section 536(3) applies) for an alteration to a designation to which section 517 applied that has been notified:
(2)
If the notice of requirement is called in under clause 55(2) of Schedule 10, sections 548 to 559 cease to apply to it.
Compare: 1991 No 69 s 198A
548 Requiring authority’s request
(1)
The requiring authority must request the territorial authority to allow the requirement to be the subject of a decision by the Environment Court instead of a recommendation by the territorial authority and a decision by the requiring authority.
(2)
The requiring authority must make the request in the period—
(a)
starting on the date on which the requiring authority gives notice under section 517; and
(b)
ending 5 working days after the date on which the period for submissions on the requirement closes.
(3)
The requiring authority must make the request electronically or in writing on the prescribed form.
Compare: 1991 No 69 s 198B
549 Territorial authority’s decision on request
(1)
The territorial authority must give the requiring authority its decision on the request within 15 working days after receiving the request.
(2)
If regulations have been made under section 801,—
(a)
the territorial authority must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by regulations made under section 801; but
(b)
that obligation to grant the request does not apply if the territorial authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist.
(3)
No submitter has a right to be heard by the territorial authority on a request.
(4)
If the territorial authority returns or declines the request, it must give the requiring authority its reasons, in writing or electronically, at the same time as it gives the authority its decision.
(5)
If the territorial authority declines the request, the requiring authority may object to the territorial authority under section 764.
Compare: 1991 No 69 s 198C
550 Territorial authority’s subsequent processing
(1)
If the territorial authority does not grant the request under section 548, it must continue to process the requirement.
(2)
If the territorial authority decides to grant the request under section 548, it must continue to process the requirement and must comply with subsections (3) to (7).
(3)
The territorial authority must prepare a report on the requirement within the longer of the following periods:
(a)
the period that ends 20 working days after the date on which the period for submissions on the requirement closes:
(b)
the period that ends 20 working days after the date on which the territorial authority decides to grant the request.
(4)
In the report, the territorial authority must—
(a)
address issues that are set out in section 527 to the extent that they are relevant to the requirement; and
(b)
suggest conditions that it considers should be imposed if the Environment Court confirms the requirement (with or without modifications); and
(c)
provide a summary of submissions received.
(5)
As soon as is reasonably practicable after the report is prepared, the territorial authority must provide a copy to—
(a)
the requiring authority; and
(b)
every person who made a submission on the requirement.
(6)
The territorial authority must ensure that it provides reasonable assistance to the Environment Court in relation to any matters raised in the territorial authority’s report.
(7)
In providing that assistance, the territorial authority—
(a)
is a party to the proceedings; and
(b)
must be available to attend hearings to—
(i)
discuss or clarify any matter in its report:
(ii)
give evidence about its report:
(iii)
discuss submissions received and address issues raised by the submissions:
(iv)
provide any other relevant information requested by the court.
Compare: 1991 No 69 s 198D
551 Environment Court decides
(1)
Subsection (2) applies to a requiring authority who—
(a)
receives a report under section 550(5); and
(b)
continues to want the requirement to be the subject of a decision by the Environment Court instead of a recommendation by the territorial authority and a decision by the requiring authority.
(2)
The requirement is referred to the Environment Court by the requiring authority,—
(a)
within 15 working days after receiving the report, lodging with the Environment Court a notice of motion in the prescribed form applying for confirmation of the requirement and specifying the grounds upon which the application for confirmation is made, and a supporting affidavit as to the matters giving rise to that application; and
(b)
as soon as is reasonably practicable after lodging the notice of motion, serving a copy of the notice of motion and affidavit on—
(i)
the territorial authority that granted the requiring authority’s request under section 548; and
(ii)
every person who made a submission to the territorial authority on the requirement; and
(c)
telling the Registrar of the Environment Court by written notice when the copies have been served.
(3)
A territorial authority served under subsection (2)(b)(i) must, without delay, provide the Environment Court with—
(a)
the requirement to which the notice of motion relates; and
(b)
the territorial authority’s report on the requirement; and
(c)
all the submissions on the requirement that the territorial authority received; and
(d)
all the information and reports on the requirement that the territorial authority was supplied with.
(4)
Clause 53 of Schedule 13 applies to the notice of motion, and any person who has made a submission to the territorial authority on the requirement and wishes to be heard on the matter by the Environment Court must give notice to the court in accordance with that section.
(5)
Sections 214 to 218 and Schedule 13 apply to proceedings under this section.
(6)
If considering a matter that is a notice of requirement for a designation or to alter a designation, the court—
(a)
must have regard to the matters set out in section 527(3) and comply with section 527(1) as if it were a territorial authority; and
(b)
may—
(i)
cancel the requirement; or
(ii)
confirm the requirement; or
(iii)
confirm the requirement, but modify it or impose conditions on it as the court thinks fit; and
(c)
may waive the requirement for a secondary CIP to be submitted under section 518(3).
(7)
However, if the requiring authority is the Minister of Education or the Minister of Defence, the court may not impose a condition under subsection (6)(b)(iii) requiring an environmental contribution.
Compare: 1991 No 69 s 198E
552 Residual powers of territorial authority
The territorial authority that would have dealt with the requirement had the Environment Court not done so under section 551 has all the functions, duties, and powers in relation to the designation resulting from the requirement as if it had dealt with the requirement itself.
Compare: 1991 No 69 s 198F
553 When territorial authority must deal with requirement
(1)
This section applies when—
(a)
a requiring authority receives a report under section 550(5); and
(b)
either—
(i)
the requiring authority advises the territorial authority that it does not intend to lodge a notice of motion with the Environment Court under section 551(2); or
(ii)
the requiring authority does not lodge a notice of motion with the Environment Court under section 551(2).
(2)
The territorial authority must deal with the requirement.
Compare: 1991 No 69 s 198G
554 Sections 555 to 559 apply to certain requirements
(1)
Sections 555 to 559 apply when a territorial authority makes a decision that one of the following requirements is to be the subject of a decision by the Environment Court instead of a decision by the territorial authority:
(a)
a requirement for a designation by a territorial authority under section 522 that has been notified:
(b)
a requirement under section 536 (other than a notice to which section 536(3) applies) for an alteration to a designation to which section 522 applied that has been notified.
(2)
If the notice of requirement is called in under clause 55(2) of Schedule 10, sections 555 to 559 cease to apply to it.
Compare: 1991 No 69 s 198H
555 Territorial authority’s decision
(1)
The territorial authority must make its decision in the period—
(a)
starting on the date on which the territorial authority decides to notify the requirement under section 529; and
(b)
ending 5 working days after the date on which the period for submissions on the requirement closes.
(2)
No submitter has a right to be heard by the territorial authority on a decision under section 554.
Compare: 1991 No 69 s 198I
556 Territorial authority’s subsequent processing
(1)
The territorial authority must continue to process the requirement and must comply with subsections (2) to (6).
(2)
The territorial authority must prepare a report on the requirement within the longer of the following periods:
(a)
the period that ends 20 working days after the date on which the period for submissions on the requirement closes:
(b)
the period that ends 20 working days after the date on which the territorial authority makes its decision under section 554(1).
(3)
In the report, the territorial authority must—
(a)
address issues that are set out in section 522(8) to the extent that they are relevant to the requirement; and
(b)
suggest conditions that it considers should be imposed if the Environment Court confirms the requirement (with or without modifications); and
(c)
provide a summary of submissions received.
(4)
As soon as is reasonably practicable after the report is prepared, the territorial authority must provide a copy to every person who made a submission on the requirement.
(5)
The territorial authority must ensure that it provides reasonable assistance to the Environment Court in relation to any matters raised in the territorial authority’s report.
(6)
In providing that assistance, the territorial authority—
(a)
is a party to the proceedings; and
(b)
must be available to attend hearings to—
(i)
discuss or clarify any matter in its report:
(ii)
give evidence about its report:
(iii)
discuss submissions received and address issues raised by the submissions:
(iv)
provide any other relevant information requested by the court.
Compare: 1991 No 69 s 198J
557 Environment Court decides
(1)
If the territorial authority continues to want the requirement to be determined by the Environment Court, the requirement is referred to the court by the territorial authority—
(a)
within 15 working days after preparing the report, lodging with the Environment Court a notice of motion in the prescribed form applying for confirmation of the requirement and specifying the grounds upon which the application for confirmation is made, and a supporting affidavit as to the matters giving rise to that application; and
(b)
as soon as is reasonably practicable after lodging the notice of motion, serving a copy of the notice of motion and affidavit on every person who made a submission to the territorial authority on the requirement; and
(c)
telling the Registrar of the Environment Court by written notice when the copies have been served.
(2)
The territorial authority must, without delay, provide the Environment Court with—
(a)
the requirement to which the notice of motion relates; and
(b)
the territorial authority’s report on the requirement; and
(c)
all the submissions on the requirement that the territorial authority received; and
(d)
all the information and reports on the requirement that the territorial authority was supplied with.
(3)
Clause 53 of Schedule 13 applies to the notice of motion, and any person who has made a submission to the territorial authority on the requirement and wishes to be heard on the matter by the Environment Court must give notice to the court in accordance with that section.
(4)
Sections 214 to 218 and Schedule 13 apply to proceedings under this section.
(5)
If considering a matter that is a notice of requirement for a designation or to alter a designation, the court—
(a)
must have regard to the matters set out in section 527(3) and comply with section 527(1) as if it were a territorial authority; and
(b)
may—
(i)
cancel the requirement; or
(ii)
confirm the requirement; or
(iii)
confirm the requirement, but modify it or impose conditions on it as the court thinks fit; and
(c)
may waive the requirement for a secondary CIP to be submitted.
(6)
However, if the requiring authority is the Minister of Education or the Minister of Defence, the court may not impose a condition under subsection (5)(b)(iii) requiring an environmental contribution.
Compare: 1991 No 69 s 198K
558 Residual powers of territorial authority
The territorial authority that would have dealt with the requirement had the Environment Court not done so under section 557 has all the functions, duties, and powers in relation to the designation resulting from the requirement as if it had dealt with the requirement itself.
Compare: 1991 No 69 s 198L
559 When territorial authority must deal with requirement
(1)
This section applies when—
(a)
a territorial authority prepares a report under section 556; and
(b)
the territorial authority does not lodge a notice of motion with the Environment Court under section 557(1).
(2)
The territorial authority must deal with the requirement.
Compare: 1991 No 69 s 198M
Subpart 2—Heritage protection orders
560 Application to become heritage protection authority
(1)
Any iwi authority, group that represents hapū, or Māori group with interests in relation to a place, and any body corporate having an interest in the protection of any place, may apply to the Minister in the prescribed form for approval as a heritage protection authority for the purpose of protecting that place.
(2)
The applicant must also provide in or with their application any additional information required by regulations made under section 801.
(3)
The Minister may make any inquiry into the application and request any information that they consider necessary and the Minister may have regard to whether the place is managed appropriately by other legislation and any other matter that the Minister considers relevant and reasonably necessary to determine the application.
(4)
The Minister may, by notice in the Gazette, approve an applicant under subsection (1) as a heritage protection authority for the purpose of protecting the place and on any terms and conditions (including provision of a bond) that are specified in the notice.
(5)
The Minister must not give notice under subsection (4) unless they are satisfied that—
(a)
the approval of the applicant as a heritage protection authority is appropriate for the protection of the place that is the subject of the application; and
(b)
the applicant is likely to satisfactorily carry out all the responsibilities (including financial responsibilities) of a heritage protection authority under this Act.
(6)
The Minister must, by notice in the Gazette, revoke an approval given under subsection (4) if they consider that—
(a)
a heritage protection authority is unlikely to continue to satisfactorily protect the place for which approval as a heritage protection authority was given; or
(b)
a heritage protection authority is unlikely to satisfactorily carry out any responsibility as a heritage protection authority under this Act.
(7)
All functions, powers, and duties that any heritage protection authority approved under subsection (4) has under this Act in relation to any heritage protection order, or notice for a heritage protection order, must be treated as having been transferred to the Minister on—
(a)
the revocation of the approval of the heritage protection authority under subsection (6); or
(b)
the dissolution of the heritage protection authority approved as a heritage protection authority under subsection (4).
Compare: 1991 No 69 s 188
561 Consent of owners of Māori land
A heritage protection authority must obtain the written consent of the owners of Māori land (as defined in section 4 of Te Ture Whenua Maori Act 1993) before it gives notice to a territorial authority of a heritage protection order affecting that land, except when the authority is the landowner.
562 Notice to territorial authority
(1)
A heritage protection authority may give notice in the prescribed form to a territorial authority of a heritage protection order for the purpose of protecting any place, land on which the place is situated, and area of land (if any) surrounding that place that is reasonably necessary for the purpose of ensuring the protection and reasonable enjoyment of that place.
(2)
Any notice given under subsection (1) only affects uses of land within an area administered by a territorial authority.
(3)
Any heritage protection authority approved under section 560 may not give notice of a heritage protection order in respect of any place or area of land that is private land, unless they own the land or the landowner agrees to the heritage protection order being placed over the place or land.
(4)
A notice given under subsection (1) must support at least 1 of the following outcomes:
(a)
the protection of cultural heritage:
(b)
recognising and providing for the relationship of iwi and hapū with the exercise of the local kawa, tikanga Māori, and mātauranga Māori of the iwi and hapū of the region in relation to their ancestral lands, water, sites, wāhi tapu, wāhi tūpuna, and other taonga, and indigenous biodiversity:
(c)
the protection of any outstanding geoheritage natural feature.
(5)
A notice given under subsection (1) must contain the following information:
(a)
the location of the place and the area proposed to be subject to the order:
(b)
an assessment of how the order meets the requirements of subsection (1) and 1 or more of the outcomes specified in subsection (4), including—
(i)
an assessment of the significance of the place undertaken by a suitably qualified person which demonstrates whether protection by a heritage protection order is warranted; and
(ii)
the outcomes from consultation with mana whenua and Heritage New Zealand Pouhere Taonga, and the outcomes of any assessments or advice obtained from a suitably qualified person:
(c)
an explanation of any imminent risks to the place:
(d)
a description of the relevant new or existing protection provisions that the heritage protection authority proposes be applied to the place in the relevant plan:
(e)
any additional information required by regulations made under section 801.
(6)
A heritage protection authority may withdraw a notice under this section for a heritage protection order by notice in writing to the territorial authority affected.
(7)
On receiving notification under subsection (6), the territorial authority must—
(a)
publicly notify the withdrawal; and
(b)
notify all persons upon whom the notice for a heritage protection order has been served.
(8)
A heritage protection authority must not give notice, and a territorial authority must not act on a notice, under subsection (1)—
(a)
for a heritage protection order to be placed on the same place within 5 years of a decision being made on a heritage protection authority’s proposal in relation to that place (including a plan, plan change, or review); or
(b)
if the substance of the matter for which heritage protection is being sought has been considered and determined within the previous 5 years.
(9)
A heritage protection order must not be made over any place or land that is already subject to a heritage order in force under the Resource Management Act 1991 or a heritage protection order in force under this Act.
(10)
In this section,—
Crown has the same meaning as in section 571(7)
private land—
(a)
means any land held in fee simple by any person other than the Crown; and
(b)
includes land held by a person under a lease or licence granted to the person by the Crown.
Compare: 1991 No 69 s 189
563 When heritage protection order takes effect
(1)
A heritage protection order has legal effect once it has been accepted as complete and the affected landowners and relevant regional planning committee have been notified in accordance with section 565(b).
(2)
A heritage protection order ceases to have effect on the day the regional planning committee notifies its decision on the plan change in accordance with Schedule 6.
564 Effect of heritage protection order
(1)
While a heritage protection order is in force, regardless of the provisions of any plan or resource consent, no person may, except in accordance with the prior written consent of the relevant heritage protection authority, do anything that would wholly or partly nullify the effect of the heritage protection order, including—
(a)
undertaking any use of land; and
(b)
subdividing any land; and
(c)
changing the character, intensity, or scale of the use of any land.
(2)
Information provided in accordance with section 562(5) may be used to determine whether anything will wholly or partly nullify the effect of the heritage protection order.
(3)
The heritage protection authority may give consent with or without conditions.
(4)
A heritage protection order—
(a)
takes effect as provided in section 563:
(b)
ceases to have effect on the earliest of the following days:
(i)
the day on which the notice for a heritage protection order is withdrawn:
(ii)
the day on which the notice is cancelled:
(iii)
the close of the day stated in section 563(2).
(5)
A person who contravenes subsection (1) does not commit an offence against this Act unless the person knew, or could reasonably be expected to have known, of the existence of the order.
Compare: 1991 No 69 s 193
565 Territorial authority to act on notice
(1)
A territorial authority must, as soon as practicable after receiving notice under section 562,—
(a)
accept the notice and the information provided with it as complete; and
(b)
notify the affected landowners, affected occupiers, and relevant regional planning committee that the heritage protection order has effect; and
(c)
if the notice relates to an area that is subject to a designation or notice of requirement, also notify the affected requiring authorities that the heritage protection order has effect; and
(d)
make the notice (and the information provided with the notice) publicly available; and
(e)
request the regional planning committee to commence the necessary plan change.
(2)
If a heritage protection authority notifies a territorial authority of any amendment to the information provided under section 562, the territorial authority must take the steps set out in subsection (1)(a) to (e) in relation to the amendment.
(3)
If a heritage protection authority notifies a territorial authority of the removal of a heritage protection order, the territorial authority must take the steps set out in subsection (1)(a) to (e) in relation to the removal of the order.
(4)
If the Minister transfers responsibility for a heritage protection order to another heritage protection authority, the territorial authority notified under section 571(4)(d) must notify the affected landowners, affected occupiers, and relevant regional planning committee about the transfer.
566 Territorial authority or regional planning committee may request further information from heritage protection authority
(1)
The territorial authority or regional planning committee may, by written notice, request the heritage protection authority to provide further information relating to its notice under section 562.
(2)
The heritage protection authority may amend the information provided with its notice or provide further information at any time before the plan change is notified.
(3)
If the heritage protection authority does not provide the information before the deadline concerned or refuses to provide the information, the regional planning committee must still notify the plan change.
567 Plan change process following notification of heritage protection order
The regional planning committee is responsible for processing a plan change in relation to the place or area affected by a heritage protection order.
568 Land subject to existing heritage protection order or designation
(1)
If land subject to a heritage protection order is already subject to a heritage protection order, notice of requirement, or designation under the Resource Management Act 1991,—
(a)
the heritage protection authority responsible for the heritage protection order may do anything that is in accordance with that heritage protection order only if that authority has first obtained the written consent of the authority responsible for the earlier order, notice of requirement, or designation; and
(b)
the authority responsible for the earlier order, notice of requirement, or designation may, despite section 564 and without obtaining the prior written consent of the later heritage protection authority, do anything that is in accordance with the earlier order, notice of requirement, or designation.
(2)
The authority responsible for the earlier order, notice of requirement, or designation may withhold its consent under subsection (1) only if that authority is satisfied—
(a)
that, in the case of an earlier designation, the thing to be done would prevent or hinder the public work or project or work to which the designation relates; or
(b)
that, in the case of an earlier heritage protection order or notice of requirement, the thing to be done would wholly or partly nullify the effect of the order or notice of requirement.
(3)
This section is subject to sections 21(1) and (2) and 22 to 26.
Compare: 1991 No 69 s 193A
569 Appeals relating to section 564
(1)
This section applies if a person—
(a)
proposes to do anything in relation to land that is subject to a heritage protection order for a purpose that, but for the heritage protection order, would be lawful; and
(b)
has been refused consent to undertake that use by a heritage protection authority under section 564, or has been granted consent subject to conditions.
(2)
The person may appeal to the Environment Court against the heritage protection authority’s refusal to consent or the conditions.
(3)
Notice of an appeal under this section must—
(a)
state the reasons for the appeal and the relief sought; and
(b)
state any matters required to be stated by regulations made under section 801; and
(c)
be lodged with the Environment Court and served on the heritage protection authority whose decision is appealed against, within 15 working days of receiving the heritage protection authority’s decision under section 564.
(4)
In considering an appeal under this section, the court must have regard to—
(a)
whether the decision appealed against has caused or is likely to cause serious hardship to the appellant; and
(b)
whether the decision appealed against would render the land concerned incapable of reasonable use; and
(c)
the extent to which the decision may be modified without wholly or partly nullifying the effect of the heritage protection order.
(5)
The court may—
(a)
confirm the decision under appeal; or
(b)
reverse the decision and approve the activity with conditions; or
(c)
modify the heritage protection order; or
(d)
cancel the heritage protection order.
Compare: 1991 No 69 s 195
570 Alteration of heritage protection order
(1)
A heritage protection authority that is responsible for a heritage protection order may at any time give notice to the relevant territorial authority of its intention to alter the heritage protection order.
(2)
For the purposes of this subpart, a notice to alter a heritage protection order must be treated as if it were a notice for a new heritage protection order.
Compare: 1991 No 69 s 195A
571 Transfer of heritage protection order
(1)
The Minister may, on the Minister’s own initiative, transfer responsibility for an existing heritage protection order to another heritage protection authority.
(2)
However, the Minister must not exercise the power under subsection (1) if—
(a)
the heritage protection order relates to private land:
(b)
the transfer of the order is to a heritage protection authority approved under section 560(4) and the heritage protection order is in respect of a place or an area that is private land (unless the heritage protection authority owns the land or the landowner agrees to the transfer):
(c)
the heritage protection order is in respect of a place or an area that is Māori land (as defined in section 4 of Te Ture Whenua Maori Act 1993).
(3)
In determining whether to transfer responsibility for an order under subsection (1), the Minister must take into account—
(a)
the reasons why it is no longer appropriate for the current heritage protection authority to have responsibility for the order being proposed for transfer; and
(b)
whether the heritage protection authority to which the Minister proposes to transfer the heritage protection order to protect the place or area is—
(i)
appropriate for the protection of the place that is subject to an HPA; and
(ii)
likely to satisfactorily carry out all the responsibilities (including financial responsibilities) of a heritage protection authority under this Act.
(4)
Before the Minister transfers responsibility for a heritage protection order under this section, the Minister must serve written notice of the Minister’s intention to do so on—
(a)
the heritage protection authority currently responsible for the heritage protection order; and
(b)
the heritage protection authority to which the Minister proposes to transfer that responsibility; and
(c)
the owner and occupier (if any) of the place or area subject to the heritage protection order and any other person with a registered interest in that place or area; and
(d)
the territorial authority in whose district the place or area subject to the order is located.
(5)
The persons or organisations served with a notice under subsection (4) may, within 20 working days after being served, make a written objection or submission to the Minister on the Minister’s proposal.
(6)
The Minister must take into account all objections and submissions received within the specified time before making a final determination.
(7)
In this section, Crown includes—
(a)
the Sovereign in right of New Zealand; and
(b)
departments of State; and
(c)
State enterprises named in Schedule 1 of the State-Owned Enterprises Act 1986; and
(d)
Crown entities within the meaning of section 7 of the Crown Entities Act 2004; and
(e)
the mixed ownership model companies named in Schedule 5 of the Public Finance Act 1989; and
(f)
local authorities within the meaning of the Local Government Act 2002.
Compare: 1991 No 69 s 195B
572 Notice of determination
The Minister must publish a notice in the Gazette of the Minister’s determination under section 571.
Compare: 1991 No 69 s 195C
Part 10 Subdivision and reclamation
573 Interpretation
In this Part,—
certificate of approval,—
(a)
in relation to a survey plan, means a certificate of approval issued by a territorial authority under section 579; and
(b)
in relation to a reclamation plan, means a certificate of approval issued by a regional council under section 605
certificate of completion, in relation to a subdivision consent, means a certificate issued under section 632
certificate that consent conditions are complied with, in relation to a subdivision consent, means a certificate described in section 587
conservation area means a conservation area within the meaning of the Conservation Act 1987
deposit requirements,—
(a)
in relation to a survey plan, means the requirements set out in sections 585 to 589; and
(b)
in relation to a reclamation plan, means the requirements set out in section 607
notice of ongoing requirements means a notice issued under section 633
reclamation plan has the meaning set out in section 602(2)(a)
subdivision of land has the meaning set out in section 574
unit—
(a)
has the same meaning as in section 5(1) of the Unit Titles Act 2010; and
(b)
includes a future development unit (as defined in section 5(1) of the Unit Titles Act 2010)
unit plan has the same meaning as in section 5(1) of the Unit Titles Act 2010
wildlife sanctuary or wildlife refuge means a wildlife sanctuary or wildlife refuge under the Wildlife Act 1953.
Subpart 1—Subdivision of land
Interpretation
574 Meaning of subdivision of land
For the purpose of this Act, subdivision of land means—
(a)
the division of an allotment by any of the following:
(i)
an application to the Registrar-General of Land for the issue of a separate record of title for any part of the allotment:
(ii)
the disposition, by way of sale or offer for sale, of the fee simple to part of the allotment:
(iii)
a lease of part of the allotment that, including renewals, is or could be for a term of more than 35 years:
(iv)
the grant of a company lease or cross lease in respect of any part of the allotment:
(v)
the deposit of a unit plan:
(vi)
an application to the Registrar-General of Land for the issue of a separate record of title for any part of a unit on a unit plan; or
(b)
an application to the Registrar-General of Land for the issue of a separate record of title in any case where the issue of that record of title is restricted by section 591(2).
Compare: 1991 No 69 s 218(1)
575 Meaning of allotment
(1)
In this Act, allotment means any of the following:
(a)
a parcel of land under the Land Transfer Act 2017 that is a continuous area and whose boundaries are shown separately on a survey plan, whether or not—
(i)
the subdivision shown on the survey plan has been allowed, or subdivision approval has been granted, under another Act; or
(ii)
a subdivision consent for the subdivision shown on the survey plan has been granted under this Act:
(b)
a parcel of land, or a building or part of a building, that is shown or identified separately—
(i)
on a survey plan; or
(ii)
on a licence within the meaning of subpart 6 of Part 3 of the Land Transfer Act 2017:
(c)
a unit on a unit plan:
(d)
any parcel of land that is not subject to the Land Transfer Act 2017.
(2)
For the purpose of this section,—
(a)
if an allotment is being or has been subdivided from any land, the balance of that land is deemed to be an allotment; and
(b)
if part of a single allotment is physically separated from any other part of the allotment by a road or in any other manner, the allotment must be treated as a continuous area of land unless the division of the allotment into those parts has been allowed—
(i)
by a subdivision consent granted under this Act; or
(ii)
by a subdivision approval under any former enactment that relates to the subdivision of land.
(3)
In subsection (2)(b), single allotment means—
(a)
an allotment that is subject to the Land Transfer Act 2017 and comprised in 1 record of title or for which 1 record of title could be issued under that Act; or
(b)
an allotment that is not subject to that Act and was acquired by its owner under 1 instrument of conveyance.
Compare: 1991 No 69 s 218(2)–(4)
576 Meaning of survey plan
(1)
In this Act, survey plan—
(a)
means a survey dataset—
(i)
of a subdivision of land, or a building or part of a building, prepared in a form suitable for deposit under the Land Transfer Act 2017; or
(ii)
of a subdivision by or on behalf of a Minister of the Crown of land not subject to the Land Transfer Act 2017:
(b)
includes—
(i)
a unit plan; and
(ii)
a cadastral survey dataset to give effect to the grant of a cross lease or company lease.
(2)
In this section, cadastral survey dataset has the same meaning as in section 4 of the Cadastral Survey Act 2002.
Compare: 1991 No 69 s 2(1)
How survey plans for subdivisions are approved
577 Requirements for approval of survey plans
(1)
Any person may submit a survey plan for a subdivision of land to a territorial authority for its approval.
(2)
There must be a subdivision consent or certificate of compliance for any subdivision of land that a survey plan relates to.
(3)
The territorial authority must be satisfied that, as the case may be,—
(a)
the consent or certificate has not lapsed; or
(b)
the survey plan conforms with the consent or certificate (see section 578).
(4)
Within 10 working days after receiving the survey plan, the territorial authority must,—
(a)
if satisfied, approve the survey plan and issue a certificate of approval; or
(b)
if not satisfied, decline the survey plan and notify the owner of that decision and the reasons for it.
Compare: 1991 No 69 s 223(1), (1A)
578 Approval of survey plan
(1)
A territorial authority must approve a survey plan submitted in accordance with section 577 if it is satisfied that—
(a)
the survey plan conforms with the subdivision consent; and
(b)
if a certificate of compliance has been obtained, the survey plan conforms with the certificate of compliance.
(2)
This section is subject to sections 580, 581, 583, 627, and 628.
Compare: 1991 No 69 s 223(2)
579 Certificate of approval by territorial authority
(1)
If a territorial authority approves a survey plan under section 578, the chief executive or an authorised officer of the territorial authority (the responsible person) must issue a certificate of approval.
(2)
The certificate is conclusive evidence that all roads, private roads, reserves, land vested in the territorial authority in lieu of reserves, and private ways shown on the survey plan have been authorised and accepted by the territorial authority under this Act and under the Local Government Act 1974.
(3)
The certificate must include the following information:
(a)
a statement that the territorial authority has approved the survey plan; and
(b)
the date of approval; and
(c)
the name of the responsible person; and
(d)
the link between the certificate of approval and the survey plan; and
(e)
if applicable,—
(i)
conditions requiring easements to be granted or reserved (see section 622):
(ii)
conditions requiring amalgamated land to be held in 1 record of title:
(iii)
a requirement to show esplanade reserves and esplanade strips on a survey plan.
(4)
The certificate must be lodged with the Registrar-General of Land before the survey plan is deposited.
(5)
The certificate does not affect any obligation of the subdividing owner under any condition of a subdivision consent or bond entered into relating to the subdivision.
Compare: 1991 No 69 ss 223(3)–(6), 224(c)
580 Requirements relating to conditions of subdivision consent
(1)
This section applies to a survey plan for a subdivision of land, but only if a subdivision consent is obtained for that subdivision.
(2)
If the consent includes a condition described in section 622 (condition requiring easement to be granted or reserved), a memorandum must be included in the survey plan that shows, in respect of the easements required by the condition,—
(a)
which is the benefited land and which is the burdened land; or
(b)
in the case of an easement in gross, the name of the proposed grantee and which is the burdened land.
(3)
If the consent includes a condition described in section 627 (condition requiring amalgamated land to be held in 1 record of title), the condition must be specified in the survey plan.
(4)
If the consent includes a condition described in section 628 (condition requiring covenant against transfer of allotments for amalgamated land),—
(a)
the owner of the land must enter into the covenant required by that condition; and
(b)
a certificate to that effect must be included in the survey plan by the territorial authority.
(5)
If, before the survey plan is approved, the territorial authority cancels any part of a condition or covenant referred to in this section,—
(a)
a licensed surveyor must amend or delete the condition or covenant specified on the survey plan; and
(b)
if the survey plan has already been approved under section 578, the territorial authority must issue a new approval.
(6)
Subsections (2) to (5) are for the purpose of section 577.
Compare: 1991 No 69 ss 221(1), 240(1), (5)(a), 241(1), (4)(a), 243(b), (f)(i)
581 Approval if esplanade reserves or esplanade strips required
(1)
A territorial authority must not approve a survey plan unless any esplanade reserve or esplanade strip required under this subpart is shown on the survey plan.
(2)
However, subsection (1) is subject to subsection (3).
(3)
A territorial authority must not approve a primary survey plan until a separate survey plan (a secondary survey plan) showing the esplanade reserve or esplanade strip has been prepared and submitted to the territorial authority for approval under this section.
(4)
Subsection (3) applies if—
(a)
an esplanade reserve or esplanade strip is required under this subpart for a subdivision to be effected by—
(i)
the grant of a cross lease or company lease; or
(ii)
the deposit of a unit plan; and
(b)
it is not practical to show the esplanade reserve or esplanade strip on the survey plan submitted for approval under section 577 (the primary survey plan).
(5)
Despite anything in the Land Transfer Act 2017,—
(a)
an esplanade strip must not be required to be surveyed; but
(b)
if an esplanade strip is shown on a survey plan, it must be clearly identified in any way the chief executive of Land Information New Zealand considers appropriate.
Compare: 1991 No 69 s 237(1)–(3)
582 If separate survey plan approved
(1)
If a territorial authority approves a secondary survey plan under section 581, a memorandum to that effect must be endorsed on both the primary survey plan and the secondary survey plan.
(2)
Unless the secondary survey plan showing the esplanade reserve or esplanade strip is deposited before or at the same time as the primary survey plan, the Registrar-General of Land must not—
(a)
deposit the primary survey plan; or
(b)
in respect of a subdivision by the Crown, issue a record of title for any separate allotment on the primary survey plan approved by the chief executive of Land Information New Zealand.
(3)
Subject to this section, nothing in section 22 or this subpart applies to a secondary survey plan approved by a territorial authority under this section.
Compare: 1991 No 69 s 237(4), (5)
583 Requirements if subdivided land includes river bed or lake bed or is in coastal marine area
(1)
This section applies to a survey plan for a subdivision of land if any part of an allotment created by the subdivision—
(a)
is within the coastal marine area; or
(b)
is within the bed of a river or lake.
(2)
The survey plan must show the land described in subsection (1)(a) as part of the common marine and coastal area.
(3)
The survey plan must show as vesting in the territorial authority any part of the land described in subsection (1)(b) that—
(a)
adjoins an esplanade reserve that the survey plan shows as vesting in the territorial authority; or
(b)
is required to be vested in the territorial authority as a condition of a subdivision consent.
(4)
Subsections (2) and (3) are for the purpose of section 578.
Compare: 1991 No 69 s 237A
How survey plans for subdivisions are deposited
584 Depositing survey plans for subdivisions
(1)
After a territorial authority approves the survey plan for a subdivision of land under this Act, the person subdividing the land may provide the approved survey plan—
(a)
to the Registrar-General of Land for deposit, if the land is subject to the Land Transfer Act 2017; or
(b)
to the chief executive of Land Information New Zealand for approval, if the land is not subject to the Land Transfer Act 2017 and is being subdivided by or on behalf of a Minister of the Crown.
(2)
The Registrar-General of Land must, after receiving a survey plan provided to them under this section,—
(a)
deposit the survey plan, but only if the deposit requirements are satisfied; or
(b)
if any of the deposit requirements are not satisfied, decline to deposit the survey plan and notify the owner of that decision and the reasons for it.
(3)
The chief executive of Land Information New Zealand must, after receiving a survey plan provided under this section,—
(a)
approve the survey plan, but only if the deposit requirements are satisfied; or
(b)
if any of the deposit requirements are not satisfied, decline to approve the survey plan and notify the owner of that decision and the reasons for it.
(4)
If the chief executive of Land Information New Zealand approves a survey plan for a subdivision of land under this section,—
(a)
the approval is to be treated as, and has the same legal effect as, the deposit of a survey plan by the Registrar-General of Land; and
(b)
the land becomes subject to the Land Transfer Act 2017.
Compare: 1991 No 69 ss 224, 228(1)(a), (2)
Deposit requirements
585 Requirements for depositing survey plans
(1)
A survey plan for a subdivision may be deposited no later than 3 years after it is approved by the territorial authority under section 577.
(2)
The survey plan, if it is a unit plan, must comply with the requirements of the Unit Titles Act 2010 that relate to the deposit of a unit plan.
(3)
If the survey plan (the primary survey plan) includes an approval, by the territorial authority, of a secondary survey plan under section 581 (approval if esplanade reserves or esplanade strips required), the secondary survey plan must be deposited before, or at the same time as, the primary survey plan.
(4)
Subsections (1) to (3) are deposit requirements for the purpose of section 584.
Compare: 1991 No 69 ss 224(e), (h), 237(4)
586 Requirements to lodge documents with Registrar-General of Land
(1)
Any requirement under the following sections to lodge a document with the Registrar-General of Land before a survey plan is deposited is a deposit requirement for the purpose of section 584:
(a)
section 579 (certificate of approval by territorial authority):
(b)
section 617 (how strips are created):
(c)
section 633 (consent notice for subdivision consent with ongoing requirements).
(2)
See the following sections, which also set deposit requirements for documents to be lodged with the Registrar-General of Land:
(a)
section 587 (requirement for certificate that consent conditions are complied with):
(b)
section 588 (requirement for consent if land will vest in territorial authority or the Crown):
(c)
section 589 (requirement for certificate that building code requirements are complied with).
Compare: 1991 No 69 s 224(c)
587 Requirement for certificate that consent conditions are complied with
(1)
This section applies to a survey plan for a subdivision of land, but only if there is a subdivision consent for that subdivision.
(2)
A certificate that consent conditions are complied with must be lodged with the Registrar-General of Land.
(3)
Subsection (2) is a deposit requirement for the purpose of section 584.
(4)
A territorial authority may issue a certificate that consent conditions are complied with only if it is satisfied that,—
(a)
for any condition of the subdivision consent that has not been complied with,—
(i)
a certificate of completion has been issued; or
(ii)
a notice of ongoing requirements has been issued; or
(iii)
a bond has been entered into by the person subdividing the land in compliance with a condition of a subdivision consent imposed under section 295(1)(c); and
(b)
all other conditions of the subdivision consent have been complied with.
(5)
The certificate must be signed by a person authorised by the territorial authority to sign certificates issued under this section.
Compare: 1991 No 69 s 224(c)
588 Requirement for consent if land will vest in territorial authority or the Crown
(1)
A survey plan must not be deposited for the purposes of section 22 unless the requirements of this section are met.
(2)
This section applies to a survey plan for a subdivision only if land shown on the survey plan will vest in the Crown or a territorial authority.
(3)
Written consent to the subdivision must be given by the following persons:
(a)
in the case of land subject to the Land Transfer Act 2017, every registered owner of an interest in the land, including any encumbrance; or
(b)
in the case of land not subject to that Act, every person who has an interest in the land, including any encumbrance, as evidenced by an instrument registered under the Deeds Registration Act 1908.
(4)
Subsection (3) is a deposit requirement for the purpose of section 584.
Compare: 1991 No 69 s 224(b)
589 Requirement for certificate that building code requirements are complied with
(1)
This section applies to a survey plan, but only if it is for a subdivision of land that is to be effected by—
(a)
the grant of a cross lease or company lease; or
(b)
the deposit of a unit plan.
(2)
A certificate must be lodged with the Registrar-General of Land certifying, for every building or part of a building (even if under construction) to which the cross lease, company lease, or unit plan relates, that they comply, or will comply, with the provisions of the building code described in section 116A of the Building Act 2004.
(3)
Subsection (2) is a deposit requirement for the purpose of section 584.
(4)
The certificate must be signed by a person authorised by the territorial authority to sign certificates issued under this section.
Compare: 1991 No 69 s 224(f)
Conditions
590 Requirements relating to conditions of subdivision consent
(1)
This section applies to a survey plan for a subdivision of land, but only if the subdivision is authorised by a subdivision consent.
(2)
If the consent includes a condition described in section 627 (condition requiring amalgamated land to be held in 1 record of title), the Registrar-General of Land must be satisfied that the land will be held in 1 record of title.
(3)
Subsection (4) applies if—
(a)
the consent includes a condition described in section 628 (condition requiring covenant against transfer of allotments for amalgamated land); and
(b)
a certificate to the effect that the covenant has been entered into is included in the survey plan (as required by section 580(4)).
(4)
The covenant entered into must be lodged with the Registrar-General of Land for registration.
(5)
Subsections (2) and (4) are deposit requirements for the purpose of section 584.
Compare: 1991 No 69 ss 240(2), 241(1)(b), (c)
Effect of deposit of survey plans for subdivisions
591 When records of title may be issued
(1)
The Registrar-General of Land may, under the Land Transfer Act 2017, issue a record of title for any land that is shown as a separate allotment on a survey plan (being a record of title issued to give effect to the subdivision of land shown on that survey plan).
(2)
However, the Registrar-General of Land must not issue the record of title unless they are satisfied that—
(a)
the survey plan has been deposited under section 584(2); or
(b)
the survey plan has been approved by the chief executive of Land Information New Zealand under section 584(3); or
(c)
the territorial authority has given a certificate, signed by the principal administrative officer or other authorised officer, to the effect that—
(i)
there is no plan for the area to which the survey plan relates, and that the allotment is in accordance with the requirements and provisions of the proposed plan; or
(ii)
the allotment is in accordance with the requirements and provisions of the natural and built environment plan (meaning a plan as defined in section 11) for the area to which the survey plan relates; or
(d)
one of the transitional criteria in subsection (3) applies.
(3)
The transitional criteria are as follows:
(a)
the record of title is issued to enable effect to be given to any agreement for sale and purchase, agreement to lease, or other contract to create an interest in land or a building or part of a building made before the commencement of the Resource Management Act 1991:
(b)
the plan—
(i)
has been deposited in accordance with section 306 of the Local Government Act 1974; or
(ii)
was a Crown plan to which section 306(7) of the Local Government Act 1974 applied:
(c)
the plan has been approved under Part 25 of the Municipal Corporations Act 1954:
(d)
the plan—
(i)
has been approved under Part 2 of the Counties Amendment Act 1961; or
(ii)
did not require the approval of the Council under that Part and was deposited under the Land Transfer Act 2017 after that Part came into force:
(e)
the territorial authority has given a certificate, signed by the principal administrative officer or other authorised officer, to the effect that the allotment is in accordance with a permission or permissions granted under Part 2 or Part 4 of the Town and Country Planning Act 1977.
(4)
Subsection (5) applies if—
(a)
land that is not subject to the Land Transfer Act 2017 is subdivided by or on behalf of a Minister of the Crown; and
(b)
the survey plan to which the subdivision relates is deposited by way of the chief executive of Land Information New Zealand approving the survey plan (see section 584(4)(a)).
(5)
Either of the following may ask the Registrar-General of Land to issue a record of title for the land in the name of His Majesty the King:
(a)
the Director-General of Conservation, if the land is a conservation area, reserve, national park, wildlife sanctuary, or wildlife refuge; or
(b)
the Surveyor-General, or another officer authorised in writing by the Surveyor-General, in every other case.
(6)
In the case of land to which subsection (4) applies, the Registrar-General of Land must not issue a record of title for land shown on separate allotments on an approved survey plan unless the requirements of section 584 are complied with.
Compare: 1991 No 69 ss 226(1), 228(1)(b), (2)
592 Vesting of roads
(1)
This section applies if—
(a)
a survey plan for a subdivision is deposited in accordance with this subpart; and
(b)
any land on the survey plan is shown as road to be vested in a local authority or the Crown.
(2)
When the plan is deposited, the land shown as road vests as follows:
(a)
a regional road vests in the territorial authority or regional council, as required by the relevant subdivision consent:
(b)
a road declared as a government road under any Act vests in the Crown:
(c)
a State highway vests in the Crown or the territorial authority, as the case may be:
(d)
any other road vests in the territorial authority.
(3)
Land vests under this section free from all interests in land including any encumbrances (without the necessity of any instrument of release or discharge or otherwise).
Compare: 1991 No 69 s 238
593 Vesting of reserves or other land
(1)
This section applies if—
(a)
a survey plan for a subdivision is deposited in accordance with this subpart; and
(b)
the plan—
(i)
shows any land to be vested in the territorial authority or the Crown as a reserve or in lieu of reserves; or
(ii)
shows any land, or any part of the bed of a river (not being part of the coastal marine area) or bed of a lake, as land to be vested in the territorial authority or the Crown.
(2)
When the plan is deposited,—
(a)
any land that is shown as a reserve to be vested in the territorial authority or the Crown vests in the territorial authority or the Crown for the purposes shown on the survey plan and subject to the Reserves Act 1977; and
(b)
any land that is shown as land to be vested in the territorial authority or in the Crown in lieu of reserves vests in the territorial authority or in the Crown; and
(c)
any land, or any part of the bed of a river (not being part of the coastal marine area) or bed of a lake, that is shown as land to be vested in the territorial authority or the Crown vests in the territorial authority or the Crown.
(3)
Land vests under subsection (2)—
(a)
subject to any specified interest in the land that the territorial authority has certified, on the survey plan, must remain with the land; and
(b)
otherwise free from all interests in land, including any encumbrances (without the necessity of any instrument of release or discharge or otherwise).
(4)
Any land vested in the Crown vests under the Land Act 1948 unless this Act provides otherwise.
Compare: 1991 No 69 s 239
594 Land shown on survey plan as coastal marine area becomes part of common marine and coastal area
(1)
This section applies if—
(a)
a survey plan for a subdivision is deposited in accordance with this subpart; and
(b)
any land is shown on the survey plan as land in the coastal marine area.
(2)
When the plan is deposited, the land becomes part of the common marine and coastal area.
Compensation
595 Compensation when esplanade reserve taken from allotment of less than 4 hectares
(1)
This section applies if, when land is subdivided under this Act,—
(a)
an allotment of less than 4 hectares is created; and
(b)
section 611 or 612 requires an esplanade reserve to be set aside from that allotment.
(2)
The registered owner of the allotment—
(a)
is not entitled to compensation for any of the reserve that is within 20 metres of the mark of mean high-water springs of the sea, the bank of a river, or the margin of a lake; but
(b)
if the reserve is wider than 20 metres, is entitled to compensation for the area of land taken for the reserve.
(3)
The territorial authority must pay the compensation to the registered owner of the allotment, unless the owner agrees otherwise.
Compare: 1991 No 69 s 237E
596 Compensation when esplanade reserve or strip taken from allotment of 4 hectares or more
(1)
This section applies if, when land is subdivided under this Act,—
(a)
an allotment of 4 hectares or more is created; and
(b)
section 611 or 612 requires, for that allotment, an esplanade reserve to be set aside or an esplanade strip to be created.
(2)
The registered owner of the allotment is entitled to compensation for—
(a)
the area of the esplanade reserve taken; or
(b)
the interest in land taken for the esplanade strip.
(3)
The territorial authority must pay the compensation to the registered owner of the allotment, unless the owner agrees otherwise.
Compare: 1991 No 69 s 237F
597 Compensation when bed of river or bed of lake vests in Crown
(1)
This section applies if, when land is subdivided under this Act,—
(a)
any part of an allotment that is within the bed of a river or lake vests in the territorial authority (see section 593); and
(b)
that part adjoins, or would adjoin if it were not for an esplanade reserve, any allotment of 4 hectares or more that is created by the subdivision.
(2)
The Crown or territorial authority, as the case may be, must pay compensation to the registered owner of that land, unless the registered owner agrees otherwise.
Compare: 1991 No 69 s 237G(1)(a), (2)
598 Compensation when land becomes part of common marine and coastal area
(1)
This section applies if, when land is subdivided under this Act,—
(a)
any part of an allotment is in the coastal marine area; and
(b)
section 594 requires that part to become part of the common marine and coastal area; and
(c)
that part adjoins, or would adjoin if it were not for an esplanade reserve, any allotment of 4 hectares or more that is created by the subdivision.
(2)
The Crown must pay compensation to the registered owner of the allotment, unless the registered owner agrees otherwise.
Compare: 1991 No 69 s 237G(1)(b), (3)
599 Amount of compensation
(1)
For the purposes of sections 595 to 598, the amount of compensation must be equal to—
(a)
the value of the land set aside (in the case of an esplanade reserve) or the interest in land created (in the case of an esplanade strip); and
(b)
any additional survey costs incurred by reason of the esplanade reserve or esplanade strip, as the case may be, as at the date of the deposit of the survey plan.
(2)
If the territorial authority or the Crown cannot agree with the registered owner on the amount of the compensation that is payable, that amount must be determined by a registered valuer who is—
(a)
agreed on by the parties; or
(b)
if the parties cannot agree, nominated by the president of the New Zealand Institute of Valuers (as constituted under the Valuers Act 1948).
(3)
The valuer must provide a copy of their valuation to all parties.
(4)
If a party is dissatisfied with the determination, they may object to the determination under section 600.
Compare: 1991 No 69 s 237H(1), (4)
600 How to object to determinations of amount of compensation
(1)
Any objection to a valuer’s determination under section 599(2)—
(a)
must be made to the registered valuer within 20 working days after the determination is provided; and
(b)
must state the grounds of objection; and
(c)
must be in writing.
(2)
Sections 34 to 36 and 38 of the Rating Valuations Act 1998 (and any regulations made under that Act relating to reviews and objections), as far as they are applicable and with all necessary modifications, apply to the objection as if—
(a)
the registered valuer were appointed by a territorial authority to review the objection; and
(b)
the review were made under section 34 of that Act; and
(c)
the references to a territorial authority in sections 34(4), 35, and 36 of that Act were references to the registered valuer.
Compare: 1991 No 69 s 237H(2), (3)
Miscellaneous
601 Agreement to sell land or building before deposit of survey plan
(1)
This section applies if—
(a)
there is an agreement to sell any land, building, or part of a building that constitutes a subdivision of land; and
(b)
the agreement is made before the survey plan for the subdivision is approved under section 578.
(2)
The agreement is not illegal or void by reason only that it was entered into before the survey plan is deposited.
(3)
The agreement must be treated as if it were made subject to the following conditions:
(a)
the purchaser may, by notice in writing to the vendor, cancel the agreement at any time before the expiry of 14 days after the date the agreement is made:
(b)
the purchaser may, at any time after the applicable date, by notice in writing to the vendor, rescind the contract if the vendor—
(i)
has not made reasonable progress towards submitting a survey plan to the territorial authority for its approval; or
(ii)
has not complied with the deposit requirements within a reasonable time after the date on which the survey plan is approved by the territorial authority.
(4)
An agreement may be rescinded under subsection (3)(b) even if the parties cannot be restored to the position that they were in immediately before the agreement was made.
(5)
However, if an agreement is rescinded and the parties cannot be restored to their pre-agreement position, the rights and obligations of each party must, in the absence of agreement between the parties, be the rights and obligations determined by a court of competent jurisdiction.
(6)
In subsection (3)(b), applicable date means the later of—
(a)
the date that is 5 years after the date on which the subdivision consent was granted; and
(b)
the date that is 1 year after the date of the agreement.
Compare: 1991 No 69 s 225
Subpart 2—Reclamations
602 Requirement for approval and deposit of reclamation plans after reclamation
(1)
This section applies to any person who is granted a resource consent for a reclamation.
(2)
As soon as is reasonably practicable after completing the reclamation, the person must—
(a)
prepare a plan of survey in respect of the land that has been reclaimed (the reclamation plan); and
(b)
submit the plan to the relevant regional council (as consent authority) for its approval.
Compare: 1991 No 69 s 245(1)
Approval of reclamation plans
603 Regional council may approve reclamation plans
After receiving a reclamation plan under section 602, a regional council must,—
(a)
if it is satisfied, approve the plan and issue a certificate of approval; or
(b)
if any of the requirements in section 604 are not met, decline the reclamation plan and notify that decision and the reasons for it to the person who submitted the plan.
Compare: 1991 No 69 s 245
604 Requirements for reclamation plans
(1)
The requirements for a reclamation plan are as follows:
(a)
the reclamation must conform with the natural and built environment plan (meaning a plan as defined in section 11); and
(b)
the reclamation and the reclamation plan must conform with the resource consent; and
(c)
in respect of any condition of the resource consent that has not been complied with,—
(i)
a bond must have been given under section 295(1)(c); or
(ii)
a covenant must have been entered into under section 295(1)(e); and
(d)
the reclamation plan must comply with subsection (2).
(2)
The reclamation plan—
(a)
must be prepared in accordance with regulations made under the Cadastral Survey Act 2002; and
(b)
must show and define—
(i)
the area reclaimed, including its location and the position of all new boundaries; and
(ii)
the location and size of any area that section 613 requires to be set aside as an esplanade reserve or created as an esplanade strip.
Compare: 1991 No 69 s 245(2), (4)
605 Certificate of approval by regional council
(1)
This section applies if a regional council approves a reclamation plan under section 603.
(2)
The chief executive of the regional council must issue a certificate of approval.
(3)
The certificate is issued—
(a)
by the chief executive signing the reclamation plan or a copy of the reclamation plan; or
(b)
by any other means that—
(i)
identifies the chief executive and links the certificate to the reclamation plan; and
(ii)
is as reliable as is appropriate to the purposes of this section.
(4)
The certificate must include the following information:
(a)
a statement that the regional council has approved the reclamation plan; and
(b)
the date of approval; and
(c)
a statement that the reclamation conforms with—
(i)
the natural and built environment plan (meaning a plan as defined in section 11); and
(ii)
the resource consent for the reclamation; and
(d)
a statement that, for any condition of the resource consent that has not been complied with,—
(i)
a bond has been given under section 295(1)(c); or
(ii)
a covenant has been entered into under section 295(1)(e).
(5)
The regional council must provide the reclamation plan and certificate to the relevant territorial authority.
(6)
The certificate must be lodged with the Registrar-General of Land before the reclamation plan is deposited.
Compare: 1991 No 69 s 245(5), (6)
How reclamation plans are deposited
606 How reclamation plans are deposited by Registrar-General of Land
(1)
As soon as is reasonably practicable after a regional council approves the reclamation plan for a reclamation of land under section 603, the holder of the resource consent for the reclamation must provide the approved reclamation plan to the Registrar-General of Land for deposit.
(2)
The Registrar-General of Land must, after receiving a reclamation plan provided under this section,—
(a)
if the deposit requirements are satisfied, deposit the plan; or
(b)
if any of the deposit requirements are not satisfied, decline to deposit the plan and notify the resource consent holder of that decision and the reasons for it.
(3)
However, a reclamation plan must not be deposited under the Land Transfer Act 2017 unless—
(a)
the relevant consent authority has approved the plan within the previous 3 years; and
(b)
a copy of the certificate issued under section 605(2) is lodged with the Registrar-General of Land.
Compare: 1991 No 69 s 246(1), (2)
607 Deposit requirements for reclamation plans
(1)
The Registrar-General of Land may deposit a reclamation plan after the plan is approved under section 603.
(2)
Subsection (1) is a deposit requirement for the purpose of section 606.
(3)
Any requirement under the following sections to lodge a document with the Registrar-General of Land before a reclamation plan is deposited is also a deposit requirement for the purpose of section 606:
(a)
section 617 (how strips are created):
(b)
section 605 (certificate of approval by regional council).
Compare: 1991 No 69 s 246(1), (2)
608 Effect of deposit of reclamation plans
(1)
When a reclamation plan is deposited, any land shown on the plan as an esplanade reserve—
(a)
vests in the Crown; and
(b)
is classified, for the purposes described in section 609, as a local purpose reserve that is subject to section 23 of the Reserves Act 1977.
(2)
This section prevails over section 167 of the Land Act 1948.
Compare: 1991 No 69 s 246(3), (4)
Subpart 3—Esplanade reserves, esplanade strips, and access strips
Purposes
609 Purposes of esplanade reserves and esplanade strips
An esplanade reserve or an esplanade strip has 1 or more of the following purposes:
(a)
to contribute to the protection of conservation values by, in particular,—
(i)
maintaining or enhancing the natural functioning of the adjacent sea, river, or lake:
(ii)
maintaining or enhancing water quality:
(iii)
maintaining or enhancing aquatic or riparian habitats:
(iv)
protecting the natural values associated with the esplanade reserve or esplanade strip:
(b)
mitigating or reducing natural hazards or any risks of natural hazards:
(c)
to enable public access to or along the sea, a river, or a lake:
(d)
to enable public recreational use of the esplanade reserve or esplanade strip and adjacent sea, river, or lake, where the use is compatible with conservation values.
Compare: 1991 No 69 s 229
610 Purpose of access strip
(1)
The purpose of an access strip is to allow public access—
(a)
to or along a river or lake or the coast; or
(b)
to an esplanade reserve, esplanade strip, or other reserve; or
(c)
to land that is owned by the local authority or by the Crown.
(2)
However, subsection (1)(c) does not include any land that is held for a public work, unless it is held, administered, or managed under the Conservation Act 1987 and the Acts named in Schedule 1 of that Act.
Compare: 1991 No 69 s 2(1)
Requirements to create reserves and strips when land is subdivided
611 New reserves and strips required when land is subdivided
(1)
This section applies if, when land is subdivided under this Act, any allotment is created that—
(a)
is adjacent to the sea or a lake; or
(b)
is adjacent to a river or has a river flowing through it.
Reserves and strips required
(2)
If the allotment is less than 4 hectares in area, an esplanade reserve must be set aside from it under section 616 unless—
(a)
a plan provides otherwise; or
(b)
a resource consent waives the requirement for the reserve.
(3)
If the allotment is 4 hectares or more in area,—
(a)
an esplanade reserve must be set aside from it under section 616, but only if—
(i)
the plan requires the reserve to be set aside; and
(ii)
the requirement is not waived by a resource consent; and
(b)
an esplanade strip must be created under section 617, but only if—
(i)
the plan requires the strip to be created; and
(ii)
the requirement is not waived by a resource consent.
(4)
For the purpose of subsections (2) and (3), the size of an allotment (that is, whether it is less than, equal to, or more than 4 hectares in area) must be determined before any esplanade reserve is set side from it under this section.
(5)
The registered owner of the allotment may be entitled to compensation (see sections 595 and 596).
Location and width
(6)
A reserve or strip required by this section must be set aside from the allotment (in the case of a reserve) or created (in the case of a strip) along the bank of the river, margin of the lake, or mark of mean high-water springs of the sea.
(7)
A reserve or strip required by this section must be,—
(a)
if required for an allotment of less than 4 hectares, either—
(i)
the width that is required by a plan; or
(ii)
if there is no such requirement, 20 metres in width; or
(b)
if required for an allotment of 4 hectares or more, the width that is required by the plan; or
(c)
in either case, any lesser width that is specified as a condition of the subdivision consent.
Interpretation
(8)
In this section,—
lake means a lake whose bed has an area of 8 hectares or more
river means a river whose bed has an average width of 3 metres or more where the river flows through or adjoins an allotment.
Compare: 1991 No 69 s 230
612 Reserves required to supplement land previously set aside or reserved
(1)
This section applies if, when land is subdivided under this Act,—
(a)
any of the land is adjacent to esplanade land that was previously set aside or reserved; and
(b)
in relation to any allotment created by the subdivision, the width of the land previously set aside or reserved is less than the required width.
Reserves required
(2)
An esplanade reserve must be set aside from the allotment under section 616, but only if—
(a)
a condition of the subdivision consent requires it; or
(b)
a plan rule requires it.
(3)
The registered owner of the allotment may be entitled to compensation (see sections 595 and 596).
Location and width
(4)
A reserve required by this section—
(a)
must be set aside from the allotment where it adjoins the esplanade land previously set aside or reserved; and
(b)
must be the width that is the difference between the width of the land previously set aside and the required width.
Interpretation
(5)
In this section,—
esplanade land means any land that is alongside the bank of a river, margin of a lake, or mark of mean high-water springs of the sea
previously set aside or reserved, in relation to esplanade land, means land that—
(a)
has been set aside as an esplanade reserve under the Resource Management Act 1991 or any earlier legislation replaced by that Act; or
(b)
has been reserved—
(i)
for the purpose specified in section 289 of the Local Government Act 1974; or
(ii)
for public purposes under section 29(1) of the Counties Amendment Act 1961 or section 11 of the Land Subdivision in Counties Act 1946; or
(c)
has been set aside or reserved for public recreation purposes under any other enactment (whether passed before or after the commencement of this Act and whether or not in force at the commencement of this Act); or
(d)
has been reserved from sale or other disposition under—
(i)
section 24 of the Conservation Act 1987; or
(ii)
section 58 of the Land Act 1948; or
(iii)
the corresponding provisions of any former Act
required width, in relation to the esplanade reserve required for an allotment, means the width of the esplanade reserve or strip that would be required to be set aside from the allotment under section 611, if no esplanade land had been previously set aside from it.
(6)
For the purpose of the definition of required width in subsection (5), section 611 must be read as if it required the size of the allotment to be determined—
(a)
without including any esplanade land previously set aside or reserved from the allotment; but
(b)
before any additional esplanade reserve is set aside from it under this section.
Compare: 1991 No 69 s 236
Requirements to create reserves and strips when land is reclaimed
613 New reserves and strips required when land is reclaimed
(1)
This section applies if, when land is reclaimed under this Act, any allotment is created that—
(a)
is adjacent to the sea or a lake; or
(b)
is adjacent to a river or has a river flowing through it.
(2)
An esplanade reserve must be set aside from the allotment under section 616, or an esplanade strip created under section 617, but only if it is required as a condition of the resource consent for the reclamation.
Agreements to create strips
614 Esplanade strips created by agreement
A local authority may agree with the registered owner of land to create an esplanade strip under section 617 for any of the purposes specified in section 609.
615 Access strips created by agreement
A local authority may agree with the registered owner of land—
(a)
to acquire an easement over the land to create an access strip under clause 6 of Schedule 11 for a purpose specified in section 610; and
(b)
on the conditions on which the easement may be enjoyed.
Compare: 1991 No 69 s 237B(1)
How reserves are set aside and strips created
616 How reserves are set aside
(1)
This section applies if,—
(a)
section 611 or 612 requires an esplanade reserve to be set aside from an allotment when land is subdivided under this Act; or
(b)
section 613 requires an esplanade reserve to be set aside from an allotment when land is reclaimed under this Act.
(2)
After a survey plan for the subdivision, or reclamation plan for the reclamation, is deposited, the land that the plan identifies as an esplanade reserve—
(a)
is set aside and held under the Reserves Act 1977 as a local purpose reserve for esplanade purposes; and
(b)
vests in the territorial authority under section 593.
(3)
For the purpose of the Reserves Act 1977, the territorial authority is the reserve’s administering body.
(4)
Nothing in this subpart prevents the change of classification or purpose of an esplanade reserve in accordance with the Reserves Act 1977 or the exercise of any other power under that Act.
Compare: 1991 No 69 s 231
617 How strips are created
(1)
An esplanade strip is created by the registration under the Land Transfer Act 2017 of an instrument that complies with the requirements of Schedule 11.
(2)
If an esplanade strip is required by this subpart, the instrument must be lodged with the Registrar-General of Land before the survey plan for the subdivision is deposited.
(3)
Schedule 11 also sets out—
(a)
how a strip may be varied or cancelled; and
(b)
other provisions about strips.
Compare: 1991 No 69 s 232(1)
Closure of strips to public
618 Closure of strips to public
(1)
An esplanade strip or access strip may be closed to the public—
(a)
for the times and periods specified in the instrument or easement under Schedule 11; or
(b)
by the local authority during periods of emergency or public risk that are likely to cause loss of life, injury, or serious damage to property.
(2)
The local authority must ensure, where practicable, that the closure is adequately notified (including notification to the public that it is an offence to enter the strip during the period of closure) by signs erected at all entry points to the strip.
(3)
However, subsection (2) does not apply if the instrument or easement provides that another person is responsible for that notification.
Compare: 1991 No 69 s 237C
Miscellaneous
619 Vesting in the Crown or regional council
(1)
The Minister of Conservation or a regional council may declare that all or any part of an esplanade reserve, or the bed of any river or lake,—
(a)
will cease to be vested in and administered by the territorial authority; and
(b)
will vest instead in the Crown or the regional council.
(2)
The declaration—
(a)
is made by notice in the Gazette; and
(b)
may be made only with the agreement of the territorial authority; and
(c)
must be registered in the office of the Registrar-General of Land.
(3)
Any esplanade reserve vested under this section may be included in an existing reserve.
(4)
If subsection (3) does not apply, the reserve has the classification specified in the declaration and must be administered under the Reserves Act 1977 in accordance with that classification.
(5)
Subsection (1) applies despite anything to the contrary in the Reserves Act 1977.
Compare: 1991 No 69 s 237D
Subpart 4—Subdivision consent conditions and related provisions
620 Purpose of this subpart
This subpart—
(a)
sets out the consent conditions and related provisions that are specific to subdivision consents; but
(b)
does not prevent a consent authority from including any other condition in a subdivision consent that is authorised by or under this Act.
Esplanade reserves and esplanade strips
621 Conditions about esplanade reserves and esplanade strips
A subdivision consent may include 1 or more of the following conditions:
(a)
for the purpose of section 611 (new reserves and strips required when land is subdivided),—
(i)
a condition that waives the requirement for an esplanade reserve or esplanade strip under that section:
(ii)
a condition that reduces the width of the reserve or strip that is required under that section:
(b)
for the purpose of section 612 (reserves required to supplement land previously set aside or reserved),—
(i)
a condition that requires an additional esplanade reserve to be set aside in accordance with that section:
(ii)
a condition that reduces the width of the additional reserve that is required under that section:
(c)
if an esplanade strip is required, a condition that specifies what must be included in the instrument that creates the strip (see clause 5 of Schedule 11).
Compare: 1991 No 69 s 220(1)(a), (aa), (ac)
Easements
622 Condition requiring easement to be granted or reserved
(1)
A subdivision consent may include a condition that requires a specified easement to be granted or reserved.
(2)
After the easement is granted or reserved, it must not, except with the written consent of the territorial authority,—
(a)
be surrendered by the owner of the benefited land or, if it is an easement in gross, by the grantee of the easement; or
(b)
be merged by transfer to the owner of the benefited land or the burdened land; or
(c)
be varied.
(3)
Subsection (4) applies—
(a)
to any allotment that is benefited land or burdened land under the easement; and
(b)
to any instrument of transfer, conveyance, lease, or other disposition of that allotment.
(4)
The Registrar-General of Land must refuse to register the instrument unless they are satisfied that the easement has been granted or reserved or will be granted or reserved by the time that the instrument is registered.
(5)
The Registrar-General of Land must note on any relevant records of title a memorial that the easement is subject to the provisions of this section.
Compare: 1991 No 69 ss 220(1)(f), 243(a), (c), (d)
623 Condition requiring easement to be extinguished
A subdivision consent may include a condition that—
(a)
applies to an existing easement for which the land is the dominant tenement, but which the territorial authority considers to be redundant; and
(b)
requires that the easement be extinguished entirely or in relation to 1 or more specified allotments.
Compare: 1991 No 69 s 220(1)(g)
624 Revocation of conditions about easements
(1)
This section applies if a subdivision consent includes a condition described in—
(a)
section 622 (condition requiring easement to be granted or reserved); or
(b)
section 623 (condition requiring easement to be extinguished).
(2)
The territorial authority may at any time, whether before or after the survey plan is deposited, revoke the condition in whole or in part.
(3)
If the territorial authority revokes the condition, it must,—
(a)
if it has not yet approved the survey plan under section 578, endorse the revocation on the survey plan; and
(b)
in any other case, forward to the Registrar-General of Land a certificate to the effect that the condition has been revoked in whole or in part.
(4)
The certificate referred to in subsection (3)(b) must be signed by the chief executive or other authorised officer of the territorial authority.
(5)
The Registrar-General of Land must note the records accordingly.
Compare: 1991 No 69 s 243(e), (f)
Amalgamation of land
625 Requirement to consult Registrar-General of Land before imposing condition about amalgamation
(1)
Before granting a subdivision consent that includes a condition described in any of sections 626 to 628, the consent authority must consult the Registrar-General of Land about the practicality of the condition.
(2)
If the Registrar-General of Land advises that it is not practical to impose a particular condition, the consent authority—
(a)
must not grant a subdivision consent subject to that condition; but
(b)
may, if it thinks fit, grant a subdivision consent that is subject to any other condition described in those sections that the Registrar-General of Land advises is practical in the circumstances.
Compare: 1991 No 69 s 220(3)
626 Conditions with requirements for amalgamation
(1)
A condition described in this section may be imposed in respect of—
(a)
any part or parts of land being subdivided:
(b)
any other adjoining land of the subdividing owner.
(2)
A subdivision consent may include a condition requiring that specified land be—
(a)
transferred to the owner of any other adjoining land and amalgamated with that land or part of that land; or
(b)
amalgamated, where the specified parts are adjoining; or
(c)
amalgamated, whether the specified parts are adjoining or not, for any purpose that is—
(i)
specified in a plan; or
(ii)
necessary to comply with the plan; or
(d)
held in the same ownership, or by tenancy-in-common in the same ownership, for the purpose of providing legal access or part of the legal access to any proposed allotments in the subdivision.
(3)
A condition requiring that land be amalgamated must also include—
(a)
a condition described in section 627 that the land be held in 1 record of title; or
(b)
a condition described in section 628 that the land be subject to a covenant restricting a disposal of allotments by any means.
(4)
For the purpose of this section, adjoining land includes land that is separated from other land only by a road, railway, drain, water race, river, or stream.
Compare: 1991 No 69 s 220(1)(b), (2)
627 Condition requiring that amalgamated land be held in 1 record of title
(1)
A subdivision consent may, to comply with section 626(3), include a condition requiring that the amalgamated land be held in 1 record of title.
(2)
When the condition, or a similar one under a corresponding provision of any former enactment, has been complied with,—
(a)
the separate parcels of land included in the record of title in accordance with the condition must not be capable of being disposed of individually, or of again being held under separate records of title, except with the approval of the territorial authority; and
(b)
on the issue of the record of title, the Registrar-General of Land must enter on the record of title a memorandum that the land is subject to this section.
(3)
The territorial authority may cancel the condition, in whole or in part,—
(a)
whether it was included under section 626(3) or a corresponding provision of any former enactment; and
(b)
at any time before or after the survey plan has been deposited.
(4)
If the territorial authority cancels the condition after it approves the survey plan under section 578, it must forward to the Registrar-General of Land a certificate to the effect that the condition has been cancelled in whole or in part.
(5)
If the territorial authority cancels the condition, it must,—
(a)
if it has not yet approved the survey plan under section 578, note the cancellation on the survey plan; and
(b)
in any other case, forward to the Registrar-General of Land a certificate to the effect that the condition has been cancelled in whole or in part.
(6)
The certificate referred to in subsection (5)(b) must be signed by the chief executive or other authorised officer of the territorial authority.
(7)
The Registrar-General of Land must note the records accordingly.
(8)
See section 580(5), which sets out what is required if the territorial authority cancels the condition before it approves the survey plan.
Compare: 1991 No 69 s 241(2)–(4)
628 Condition requiring covenant against transfer of allotments
(1)
A subdivision consent may, to comply with section 626(3), include a condition requiring that the amalgamated land be made subject to a covenant against the disposal of allotments by any means.
(2)
A covenant against the disposal of allotments is a covenant that any specified part or parts of the land must not, without the consent of the territorial authority, be disposed of except in conjunction with other land.
(3)
The covenant—
(a)
must be in writing; and
(b)
must be signed by the owner of the land and the chief executive or other authorised officer of the territorial authority; and
(c)
must be treated—
(i)
as an instrument capable of registration under the Land Transfer Act 2017 that, when registered, creates in favour of the territorial authority an interest in the land in respect of which it is registered, within the meaning of section 51 of that Act; and
(ii)
as if it runs with the land and binds subsequent owners.
(4)
The territorial authority may cancel the covenant, in whole or in part,—
(a)
whether it was required by a condition included under section 626(3) or a corresponding provision of any former enactment; and
(b)
at any time, whether before or after the survey plan is deposited.
(5)
If the territorial authority cancels the covenant after it approves the survey plan under section 578, it must forward to the Registrar-General of Land a certificate to the effect that the covenant has been cancelled in whole or in part.
(6)
The certificate must be signed by the chief executive or other authorised officer of the territorial authority.
(7)
The Registrar-General of Land must note the records accordingly.
(8)
See section 580(5), which sets out what is required if the territorial authority cancels the covenant before it approves the survey plan.
Compare: 1991 No 69 s 240(3)–(5)
629 Prior registered instruments protected
(1)
This section applies if—
(a)
either—
(i)
specified land is amalgamated in 1 record of title with other land in accordance with a condition imposed under section 627; or
(ii)
a covenant against transfer of allotments is registered over land in accordance with a condition imposed under section 628 to the effect that specified land must not be disposed of except in conjunction with other land; and
(b)
that other land is already subject to a registered instrument under which a power to sell, a right of renewal, or a right or obligation to purchase is lawfully conferred or imposed; and
(c)
that power, right, or obligation becomes exercisable but is not able to be exercised or fully exercised because of section 626 or 628.
(2)
The specified land must be treated as if it were, and had always been, part of the other land that is subject to that instrument.
(3)
All rights and obligations in respect of, or encumbrances on, that other land are deemed also to be rights and obligations in respect of, or encumbrances on, the specified land.
(4)
If the instrument referred to in subsection (1)(b) is a mortgage, charge, or lien, it must be treated as having priority over any mortgage, charge, or lien against the specified land that is registered after, as the case may be,—
(a)
the issue of the record of title in accordance with section 627; or
(b)
the registration of the covenant in accordance with section 628.
(5)
If subsection (2), (3), or (4) apply, the Registrar-General of Land must enter, on all the records of title for the land, a memorial to the effect that the land in that title is subject to subsection (4).
(6)
If a memorial has been entered on a record of title under this section, and the Registrar-General of Land is notified about a cancellation of all or part of a condition or covenant to which this section applies, the Registrar-General of Land must alter the memorial accordingly.
Compare: 1991 No 69 s 242
Protection against natural hazards
630 Condition requiring protection against natural hazards
A subdivision consent may include a condition requiring that provision be made, to the satisfaction of the consent authority, for either or both of the following purposes:
(a)
to protect land that forms part of the subdivision against natural hazards, or any risks of natural hazards, from any source:
(b)
to protect any other land against natural hazards, or any risks of natural hazards, that arise, or are likely to arise, as a result of the subdivision.
Compare: 1991 No 69 s 220(1)(d)
631 Other conditions relevant to subdivision consents
A subdivision consent may include 1 or more conditions imposing the following requirements:
Land to vest in territorial authority
(a)
a requirement that land in the coastal marine area or the bed of a lake or river be vested in a territorial authority in accordance with section 583:
Structures on allotments
(b)
a requirement that sets the bulk, height, location, foundations, or height of floor levels of any structure on an allotment:
Necessary works
(c)
a requirement that filling and compaction of the land and earthworks be carried out to the satisfaction of the territorial authority.
Compare: 1991 No 69 s 220(1)(ab), (c)–(e)
Certificates of completion
632 Issue of certificates of completion
(1)
This section applies if compliance with a condition of a subdivision consent depends on—
(a)
the completion by the owner of any work required by the territorial authority; or
(b)
the making of an environmental contribution.
(2)
The territorial authority may, for the purpose of section 587(4), issue a certificate (a certificate of completion) to the effect that the owner has entered into a bond binding the owner to carry out and complete the work or make the environmental contribution (as the case may be)—
(a)
to the satisfaction of the territorial authority; and
(b)
within the period specified by the territorial authority (the specified completion period).
(3)
The territorial authority may from time to time extend the specified completion period, but the extension does not affect any security given for the performance of the bond.
(4)
The territorial authority may exercise all of the powers conferred upon a consent authority by section 676 as if the bond entered into under this section were a condition of a subdivision consent.
(5)
The provisions of section 677 apply as if the bond entered into under this section were a condition of a subdivision consent.
(6)
In this section, work—
(a)
includes anything, whether in the nature of works or otherwise, required by the territorial authority to be done by the owner as a condition of a subdivision consent; but
(b)
does not include contributions of money or land (including esplanade reserves and esplanade strips) as a condition of a subdivision consent.
Compare: 1991 No 69 s 222
Notices of ongoing requirements
633 Consent notice for subdivision consent with ongoing requirements
(1)
This section applies if a subdivision consent includes an ongoing requirement.
(2)
The consent authority must issue a consent notice that—
(a)
specifies the ongoing requirements; and
(b)
is signed by a person authorised by the territorial authority to sign notices of ongoing requirements; and
(c)
is to be lodged with the Registrar-General of Land before the survey plan for the subdivision is deposited; and
(d)
is to be treated as an instrument creating an interest in the land within the meaning of section 51 of the Land Transfer Act 2017, and may be registered under that Act accordingly; and
(e)
is to be treated as a covenant running with the land when registered under the Land Transfer Act 2017 and must, despite anything to the contrary in section 103 of that Act, bind all subsequent owners of the land.
(3)
Subsection (4) applies if, after a survey plan has been deposited under section 584, it is found that the notice of ongoing requirements was defective in respect of the requirements to apply to the subdivision.
(4)
The Registrar-General of Land may accept and register a revised notice of ongoing requirements, if that is necessary to correctly reflect the requirement of the subdivision consent.
(5)
For the purpose of this section and section 634, ongoing requirement—
(a)
means any condition imposing a requirement that the subdividing owner and subsequent owners must comply with on a continuing basis after the deposit of a survey plan; but
(b)
does not include a condition imposing a requirement in respect of which—
(i)
a bond is required to be entered into by the subdividing owner; or
(ii)
a completion certificate is capable of being, or has been, issued.
Compare: 1991 No 69 s 221
634 How notices of ongoing requirements are varied or cancelled
(1)
This section applies if a consent notice is issued under section 633 with ongoing requirements.
(2)
At any time after the related survey plan is deposited by the Registrar-General of Land,—
(a)
the current owner of the subdivided land may apply to a territorial authority to vary or cancel any requirement specified in the notice; and
(b)
the territorial authority may, whether or not an application is made under paragraph (a), review any requirement specified in a notice of ongoing requirements and vary or cancel the requirement.
(3)
Sections 239 to 314 and 337 to 341 apply, with the necessary modifications, to an application made, or review conducted, under subsection (2).
(4)
Subsection (5) applies if—
(a)
the notice of ongoing requirements is registered under the Land Transfer Act 2017; and
(b)
the Registrar-General of Land is satisfied that a requirement specified in the notice—
(i)
has been varied or cancelled after an application is made or review is conducted under this section; or
(ii)
has expired.
(5)
The Registrar-General of Land must make an entry in the register, and on any relevant instrument of title, noting that the notice of ongoing requirements has been varied or cancelled or has expired (as applicable).
(6)
The requirement in the notice of ongoing requirements then takes effect as varied, or ceases to have effect, as the case may be.
Compare: 1991 No 69 s 221(3), (5)
Part 11 Compliance and enforcement
635 Interpretation
In this Part, NBE regulator—
(a)
means a local authority and the EPA, when acting under this Act; and
(b)
includes any public service agency empowered under any Act to exercise or perform any functions, powers, or duties of an NBE regulator under this Act.
Subpart 1—Compliance and enforcement measures ordered by Environment Court
How certain proceedings to be heard
636 Proceedings to be heard by Environment Judge
(1)
All proceedings under this subpart must be heard by an Environment Judge sitting alone or by the Environment Court, except as provided in subsections (2) and (3).
(2)
Proceedings under section 647 (which relates to interim enforcement orders) must be heard either by an Environment Judge sitting alone or—
(a)
in the District Court; and
(b)
except where otherwise directed by the Chief District Court Judge, by a District Court Judge who is an Environment Judge.
(3)
Proceedings under section 652 or 653 (which relate to appeals against abatement notices and power to stay an order) that may be heard by an Environment Judge may also be heard by an Environment Commissioner.
(4)
All proceedings under section 701 (which relates to offences) must be heard—
(a)
in the District Court; and
(b)
except where otherwise directed by the Chief District Court Judge, by a District Court Judge who is also an Environment Judge.
(5)
An Environment Judge may transfer to the District Court any proceedings under this Part for enforcement action if the action is associated with proceedings under section 701 for an offence and the Judge considers that the proceedings for enforcement action should be heard together with the proceedings in the District Court for the offence.
(6)
This Part does not apply to a protected customary right.
(7)
However, sections 637 to 640 and 692 to 697 apply to the exercise of a protected customary right.
Compare: 1991 No 69 s 309
Declarations
637 Scope and effect of declaration
(1)
A declaration may declare—
(a)
the existence or extent of any function, power, right, or duty under this Act, including (but, except as expressly provided, without limitation)—
(i)
any duty under this Act to prepare and have particular regard to an evaluation report imposed by clause 68 of Schedule 6 (other than any duty in relation to a plan or proposed plan or any provision of a plan or proposed plan); and
(ii)
any duty imposed by section 133 or 134; or
(b)
whether a provision or proposed provision of a plan,—
(i)
contrary to section 167, does not, or is not likely to, give effect to a provision or proposed provision in the national planning framework; or
(ii)
contrary to section 384, is, or is likely to be, inconsistent with a water conservation order or a plan for any matter specified in section 393; or
(c)
whether or not an act or omission, or a proposed act or omission, contravenes or is likely to contravene this Act, regulations made under a relevant empowering provision in this Act, including the national planning framework, or a plan rule or proposed plan, a requirement for a designation or for a heritage protection order, or a resource consent; or
(d)
whether or not an act or omission, or a proposed act or omission, is a permitted activity, anticipated activity, discretionary activity, or prohibited activity, or breaches section 30 or 34; or
(e)
the point at which the landward boundary of the coastal marine area crosses any river; or
(f)
whether or not a territorial authority has made and is continuing to make substantial progress or effort towards giving effect to a designation as required by section 538; or
(g)
any issue or matter relating to notification status of an activity determined under section 200(1)(b); or
(h)
the existence or extent of any function, duty, right, or power under the Spatial Planning Act 2023; or
(i)
any other issue or matter relating to the interpretation or administration under the Spatial Planning Act 2023; or
(j)
any other issue or matter relating to the interpretation, administration, or enforcement under this Act.
(2)
In the course of any proceedings, the Environment Court may make a declaration referred to in subsection (1) on its own initiative without an application from any party to the proceedings.
Compare: 1991 No 69 s 310
638 Application for declaration
(1)
Any person may at any time apply to the Environment Court in the prescribed form for a declaration, except as provided in subsections (2) and (3).
(2)
No person (other than the consent authority, the EPA, or the Minister) may apply to the Environment Court for a declaration that a consent holder or any other person is contravening any condition of a resource consent or a plan rule or proposed plan that requires the holder to adopt the best practicable option to avoid or minimise any adverse effect of the discharge to which the consent or rule relates.
(3)
No person (other than a local authority, a consent authority, or the Minister of Conservation) may apply to the Environment Court for a declaration under section 637(e).
Compare: 1991 No 69 s 311
639 Notification of application
(1)
The applicant for a declaration must serve notice of the application in the prescribed form on every person directly affected by the application.
(2)
Every notice required to be served under this section must be served within 5 working days after the application is made to the Environment Court.
Compare: 1991 No 69 s 312
640 Decision on application
(1)
After hearing the applicant, any person served with notice of the application, and any other person who has the right to be represented at proceedings under section 53 of Schedule 13, who wishes to be heard, the Environment Court may—
(a)
make the declaration sought by an application, with or without modification; or
(b)
make any other declaration that it considers necessary or desirable; or
(c)
decline to make a declaration.
(2)
If the Environment Court makes a declaration on any issue or matter regarding the notification status of an activity determined under section 200(1)(b), the court may—
(a)
make any interim order it considers necessary for the purpose of preserving the position of any party to the application for a declaration:
(b)
make an order setting aside a part or the whole of the decision of the consent authority and—
(i)
referring a part or the whole of the decision back to the consent authority to reconsider:
(ii)
giving the consent authority any directions it thinks just as to the reconsideration of a part or the whole of its decision:
(c)
despite section 646(2), make an order to prevent the exercise of a resource consent until a decision has been made by the consent authority in accordance with an order of the court made under paragraph (a).
(3)
If the Environment Court gives directions under subsection (2)(b)(ii),—
(a)
the court must give reasons for those directions; and
(b)
the consent authority must, in reconsidering its decision in accordance with the directions of the court, have regard to the reasons of the court.
Enforcement orders
641 Scope of enforcement order
(1)
An enforcement order is an order made under section 646 by the Environment Court that may do any 1 or more of the following:
(a)
require a person to cease, or prohibit a person from commencing, anything done or to be done by or on behalf of that person, that, in the opinion of the court,—
(i)
contravenes or is likely to contravene this Act, any regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150, 151(c), 151(d), 151(e), 151(f), or 151(g) but not including any other provision in the national planning framework), a rule in a plan, a rule in a proposed plan, a requirement for a designation or for a heritage protection order, or a resource consent, or section 30 or 34; or
(ii)
is or is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have an adverse effect on the environment:
(b)
require a person to do something that, in the opinion of the court, is necessary in order to—
(i)
ensure compliance by or on behalf of that person with this Act, any regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150, 151(c), 151(d), 151(e), 151(f), or 151(g) but not including any other provision in the national planning framework), a rule in a plan, a rule in a proposed plan, or a requirement for a designation or heritage protection order, or a resource consent; or
(ii)
avoid, minimise, or remedy any actual or likely adverse effect on the environment caused by or on behalf of that person:
(c)
require a person to remedy or mitigate any adverse effect on the environment caused by or on behalf of that person:
(d)
require a person to pay money to or reimburse any other person for any actual and reasonable costs and expenses that that other person has incurred or is likely to incur in avoiding, minimising, or remedying any adverse effect on the environment, where the person against whom the order is sought fails to comply with—
(i)
an order under any other paragraph of this subsection; or
(ii)
an abatement notice; or
(iii)
a plan rule, a proposed plan, or a resource consent; or
(iv)
any of that person’s other obligations under this Act:
(e)
require a polluter of contaminated land (within the meaning of Part 7) to pay money to or reimburse the local authority or EPA for any actual and reasonable costs it has incurred for actions taken under Part 7 to prevent or remedy any adverse effects to the environment or to carry out remediation:
(f)
require a person to do something that, in the opinion of the court, is necessary in order to avoid, minimise, or remedy any actual or likely adverse effect on the environment relating to any land of which the person is the owner or occupier:
(g)
change or cancel a resource consent if, in the opinion of the court, the information made available to the consent authority by the applicant contained inaccuracies relevant to the enforcement order sought which materially influenced the decision to grant the consent:
(h)
where the court determines that any 1 or more of the requirements of Schedule 6 have not been observed in respect of a plan, do any 1 or more of the following:
(i)
grant a dispensation from the need to comply with those requirements:
(ii)
direct compliance with any of those requirements:
(iii)
suspend the whole or any part of a plan from a particular date (which may be on or after the date of the order, but does not affect any court order made before the date of the suspension order):
(i)
require a person to take or refrain from taking any specified action so as to comply with any consent notice or covenant issued or entered into under a condition of a resource consent:
(j)
make an order under—
(i)
section 660 (a monetary benefit order); or
(ii)
section 673 (an adverse publicity order); or
(iii)
section 717 (a pecuniary penalty order).
(2)
For the purposes of subsection (1)(d), actual and reasonable costs include the costs of investigation, supervision, and monitoring of the adverse effect on the environment, and the costs of any actions required to avoid, minimise, or remedy the adverse effect.
(3)
An enforcement order may be made on any terms and conditions that the Environment Court thinks fit (including the payment of any administrative charge under section 757, the provision of security, or the entry into a bond for performance), except as provided in section 646(2).
(4)
Without limiting subsections (1) to (3), an enforcement order may require the restoration of any natural and physical resource to the state it was in before the adverse effect occurred (including the planting or replanting of any tree or other vegetation).
(5)
An enforcement order, if the court so states, applies to the personal representatives, successors, and assigns of a person to the same extent as it applies to that person.
(6)
The power to make an enforcement order under this section is not limited by section 18(2).
Compare: 1991 No 69 s 314
642 Compliance with enforcement order
(1)
If an enforcement order is made against a person, and that enforcement order is served on that person, that person must—
(a)
comply with the order; and
(b)
unless the order directs otherwise, pay all the costs and expenses of complying with the order.
(2)
If a person against whom an enforcement order is made fails to comply with the order, any person may, with the consent of the Environment Court,—
(a)
comply with the order on behalf of the person who fails to comply with the order and, for this purpose, enter upon any land or enter any structure (with a constable if the structure is a dwelling house); and
(b)
sell or otherwise dispose of any structure or materials salvaged in complying with the order; and
(c)
after allowing for any moneys received under paragraph (b), if any, recover the costs and expenses of doing so as a debt due from that person.
(3)
Any costs or expenses which remain unpaid under subsection (2)(c) may be registered under subpart 5 of Part 3 of the Land Transfer Act 2017 as a charge on any land in respect of which an enforcement order is made.
(4)
Failure to comply with an enforcement order is an offence under section 701.
Compare: 1991 No 69 s 315
643 Application for enforcement order
(1)
Any person may at any time apply to the Environment Court in the prescribed form for an enforcement order of a kind specified in section 641(1)(a) to (d) or (2).
(2)
An application may at any time be made in the prescribed form to the Environment Court by—
(a)
an NBE regulator for an enforcement order of the kind specified in section 641(1)(e) or (h); and
(b)
a local authority or consent authority for an enforcement order of the kind specified in section 641(1)(f).
(3)
An application for an enforcement order under section 641(1)(g) or (i) may be lodged—
(a)
by a local authority (or the Minister of Conservation if the application concerns the coastal marine area) at any time; or
(b)
by any other person, no later than 3 months after the date on which the policy statement or plan becomes operative.
(4)
Any person who applies for an enforcement order under any provision of this section may request that the enforcement order be made on any terms and conditions permitted by section 641(3) or (4).
(5)
No person (other than the consent authority, the EPA, or the Minister) may apply to the Environment Court for an enforcement order to enforce any condition of a resource consent or a plan rule or proposed plan that requires the holder to adopt the best practicable option to avoid or minimise any adverse effect of the discharge to which the consent or rule relates.
Compare: 1991 No 69 s 316
644 Notification of application
(1)
If an application for an enforcement order is made, the applicant must serve notice of the application in the prescribed form on every person directly affected by the application.
(2)
Every notice required to be served under this section must be served within 5 working days after the application is made to the Environment Court.
(3)
However, this section is subject to section 647 (which relates to interim enforcement orders).
Compare: 1991 No 69 s 317
645 Right to be heard
(1)
Before deciding an application for an enforcement order, the Environment Court must—
(a)
hear the applicant; and
(b)
hear any person against whom the order is sought who wishes to be heard, but only if that person notifies the Registrar that the person wishes to be heard within 15 working days after the date on which they were notified of the application.
(2)
However, this section is subject to section 647 (which relates to interim enforcement orders).
Compare: 1991 No 69 s 318
646 Decision on application
(1)
After considering an application for an enforcement order, the Environment Court may—
(a)
make any appropriate order under section 641; or
(b)
refuse the application.
(2)
The Environment Court must not make an enforcement order under section 641(1)(a)(ii), (b)(ii), (c), (d)(iv), or (f) against a person (except under subsection (3)) if—
(a)
that person is acting in accordance with—
(i)
a rule in a plan; or
(ii)
a resource consent; or
(iii)
a designation; and
(b)
the adverse effects in respect of which the order is sought were expressly recognised by the person who approved the plan, or granted the resource consent, or approved the designation, at the time of the approval or granting, as the case may be.
(3)
The Environment Court may make an enforcement order if—
(a)
the court considers it appropriate after having regard to the time that has elapsed and any change in circumstances since the approval or granting, as the case may be; or
(b)
the person was acting in accordance with a resource consent that has been changed or cancelled under section 641(1)(g).
Compare: 1991 No 69 s 319
647 Interim enforcement order
(1)
Sections 641 to 646 apply to the application for, and determination of, an interim enforcement order in the manner provided in this section.
(2)
If an Environment Judge or a District Court Judge considers it necessary to do so, the Judge may make an interim enforcement order—
(a)
without requiring service of notice in accordance with section 644; and
(b)
without holding a hearing.
(3)
Before making an interim enforcement order, the Environment Judge or the District Court Judge must consider—
(a)
what the effect of not making the order would be on the environment; and
(b)
whether the applicant has given an appropriate undertaking as to damages; and
(c)
whether the Judge should hear the applicant or any person against whom the interim order is sought; and
(d)
such other matters as the Judge thinks fit.
(4)
The Judge must direct the applicant or another person to serve a copy of the interim enforcement order on the person against whom the order is made, and the order takes effect from when it is served or any later date that the order directs.
(5)
Subsections (6) and (7) apply to a person against whom an interim enforcement order has been made if that person was not heard by a Judge before the order was made.
(6)
The person may apply, as soon as practicable after the service of the order, to an Environment Judge or a District Court Judge to change or cancel the order.
(7)
After hearing from the person against whom the interim enforcement order was made, the applicant, and any other person the Judge thinks fit, the Environment Judge or the District Court Judge may confirm, change, or cancel the interim enforcement order.
(8)
An interim enforcement order stays in force until—
(a)
an application for an enforcement order under section 643 is determined; or
(b)
the order is cancelled by an Environment Judge or a District Court Judge under subsection (7) or by the Environment Court under section 648.
Compare: 1991 No 69 s 320
648 Change or cancellation of enforcement order
(1)
Any person directly affected by an enforcement order may at any time apply to the Environment Court in the prescribed form to change or cancel the order.
(2)
Sections 644 to 646 (which relate to notification, hearing, and decision) apply to every application under subsection (1) as if it were an application for an enforcement order.
(3)
This section does not limit section 647(5).
Compare: 1991 No 69 s 321
Abatement notices
649 Scope of abatement notice
(1)
An abatement notice may be served on any person by an enforcement officer—
(a)
requiring the person to cease, or prohibiting that person from starting, anything done or to be done by or on behalf of that person that, in the opinion of the enforcement officer,—
(i)
contravenes or is likely to contravene this Act, any regulations, a rule in a plan, or a resource consent; or
(ii)
is or is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have an adverse effect on the environment:
(b)
requiring the person to do something that, in the opinion of the enforcement officer, is necessary to ensure compliance by or on behalf of that person with this Act, any regulations, a plan rule or a proposed plan, or a resource consent, and also necessary to avoid, minimise, or remedy any actual or likely adverse effect on the environment—
(i)
caused by or on behalf of the person; or
(ii)
relating to any land of which the person is the owner or occupier:
(c)
requiring a person who is contravening section 19 (which relates to unreasonable noise) to adopt the best practicable option of ensuring that the emission of noise from that land or water does not exceed a reasonable level, if that person is—
(i)
an occupier of any land; or
(ii)
a person carrying out any activity in, on, under, or over a water body or the water within the coastal marine area:
(d)
requiring the person to take or refrain from taking any specified action so as to comply with any consent notice or covenant issued or entered into under a condition of a resource consent:
(e)
requiring the person to take preventative action to avoid actual or likely adverse effects on the environment:
(f)
requiring the person to cease, or prohibit a person from starting, anything specified in the abatement notice to avoid the risk of imminent harm.
(2)
If any person is under a duty not to contravene a rule in a proposed plan under sections 21, 23(4), 25(3), or 26(3), an abatement notice may be issued to require a person—
(a)
to cease, or prohibit that person from starting, anything done or to be done by or on behalf of that person that, in the opinion of the enforcement officer, contravenes or is likely to contravene a rule in a proposed plan; or
(b)
to do something that, in the opinion of the enforcement officer, is necessary in order to ensure compliance by or on behalf of that person with a rule in a proposed plan.
(3)
An abatement notice may be made subject to such conditions as the enforcement officer serving it thinks fit.
(4)
An abatement notice must not be served unless the enforcement officer has reasonable grounds for believing that any of the circumstances in subsection (1) or (2) exist.
(5)
The power to make an abatement notice under this section is not limited by section 18(2).
Compare: 1991 No 69 s 322
650 Compliance with abatement notice
(1)
A person on whom an abatement notice is served must—
(a)
comply with the notice within the period specified in the notice; and
(b)
unless the notice directs otherwise, pay all the costs and expenses of complying with the notice.
(2)
If a person against whom an abatement notice is made under section 649(1)(c) (which relates to the emission of noise) fails to comply with the notice, an enforcement officer may, without further notice, enter the place where the noise source is situated (with a constable if the place is a dwelling house) and—
(a)
take all any reasonable steps as they consider necessary to cause the noise to be reduced to a reasonable level; and
(b)
when accompanied by a constable, seize and impound the noise source.
(3)
This section is subject to the rights of appeal in section 652.
Compare: 1991 No 69 s 323
651 Form and content of abatement notice
(1)
An abatement notice must be in the prescribed form and must state—
(a)
the name of the person to whom it is addressed; and
(b)
the reasons for the notice; and
(c)
the action required to be taken or ceased or not undertaken; and
(d)
the period within which the action must be taken or cease, having regard to the circumstances giving rise to the abatement notice; and
(e)
the consequences of not complying with the notice or lodging a notice of appeal; and
(f)
the rights of appeal under section 652; and
(g)
in the case of a notice under section 649(1)(c), the rights of an enforcement officer under section 650(2) on failure of the recipient to comply with the notice within the time specified in the notice; and
(h)
the name and address of the NBE regulator whose enforcement officer issued the notice.
(2)
In stating the matters required by subsection (1)(d),—
(a)
regard must be had to the circumstances that gave rise to the abatement notice; and
(b)
a reasonable period, not less than 7 days after the date on which the notice is served, must be allowed to take the action required or cease the action if the abatement notice is within the scope of section 649(1)(a)(ii) and the person on whom the notice is served is complying with this Act, any regulation, a rule in a plan, or a resource consent.
Compare: 1991 No 69 s 324
652 Appeals
(1)
Any person on whom an abatement notice is served may appeal to the Environment Court against the whole or any part of the notice.
(2)
Notice of an appeal must be in the prescribed form and must—
(a)
state the reasons for the appeal and the relief sought; and
(b)
state any matters required by regulations made under section 801; and
(c)
be lodged with the Environment Court and served on the NBE regulator (whose abatement notice is appealed against) within 15 working days after service of the abatement notice on the appellant.
(3)
Any powers which may be exercised by an Environment Judge under this section or section 653 may be exercised by an Environment Commissioner.
(4)
The Environment Court must not confirm an abatement notice that is the subject of an appeal if—
(a)
the person served with the abatement notice was acting in accordance with—
(i)
a rule in a plan; or
(ii)
a resource consent; or
(iii)
a designation; and
(b)
the adverse effects in respect of which the notice was served were expressly recognised by the person who approved the plan, notified the proposed plan, granted the resource consent, or approved the designation at the time of the approval, notification, or granting, as the case may be.
(5)
However, the Environment Court may confirm an abatement notice under appeal in any case if the court considers it appropriate after having regard to the time that has elapsed and any change in circumstances since the approval, notification, or granting, as the case may be.
Compare: 1991 No 69 s 325
653 Environment Court may order stay of abatement notice
(1)
An appeal against an abatement notice does not operate as a stay of the notice unless—
(a)
the abatement notice is within the scope of section 649(1)(a)(ii) and the person against whom the notice is served is complying with this Act, any regulation made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150, 151(c), 151(d), 151(e), 151(f), or 151(g) but not including any other provision in the national planning framework), a rule in a plan, or a resource consent; or
(b)
a stay is granted by an Environment Judge under subsection (6).
(2)
Any person who appeals under section 652(1) may also apply to an Environment Judge for a stay of the abatement notice pending the Environment Court’s decision on the appeal.
(3)
An application for a stay must be in the prescribed form and must—
(a)
state the reasons why the person considers it is unreasonable for the person to comply with the abatement notice; and
(b)
state the likely effect on the environment if the stay is granted; and
(c)
be lodged with the Environment Court and served immediately on the relevant authority whose abatement notice is appealed against.
(4)
If a person applies for a stay, an Environment Judge must consider the application for a stay as soon as practicable after the application has been lodged.
(5)
Before granting a stay, an Environment Judge must consider—
(a)
what the likely effect of granting a stay would be on the environment; and
(b)
whether it is unreasonable for the person to comply with the abatement notice pending the decision on the appeal; and
(c)
whether to hear—
(i)
the applicant:
(ii)
the relevant authority whose abatement notice is appealed against; and
(d)
such other matters as the Judge thinks fit.
(6)
An Environment Judge may grant or refuse a stay and may impose any terms and conditions the Judge thinks fit.
(7)
Any person to whom a stay is granted must serve a copy of it on the NBE regulator whose abatement notice is appealed against, and the stay has no legal effect until served.
(8)
Any stay remains in force until an order is made otherwise by the Environment Court.
654 Cancellation of abatement notice
(1)
If the NBE regulator on whose behalf an abatement notice is issued considers that the abatement notice is no longer required, the regulator may cancel the abatement notice at any time.
(2)
The NBE regulator must give written notice of its decision to cancel an abatement notice to any person subject to that abatement notice.
(3)
Any person who is directly affected by an abatement notice may apply in writing to the NBE regulator to change or cancel the abatement notice.
(4)
The NBE regulator must, as soon as practicable, consider the application having regard to the purpose for which the abatement notice was given, the effect of a change or cancellation on that purpose, and any other matter the relevant authority thinks fit, and the relevant authority may confirm, change, or cancel the abatement notice.
(5)
The relevant authority must give written notice of its decision to the person who applied under subsection (4).
(6)
If the NBE regulator, after considering an application made under subsection (4) by a person who is directly affected by an abatement notice, confirms that abatement notice or changes it in a way other than that sought by that person, that person may appeal to the Environment Court in accordance with section 652 against the whole or any part of the abatement notice.
(7)
If an abatement notice is issued on behalf of the Minister of Conservation, that Minister is an NBE regulator for the purposes of this section.
Compare: 1991 No 69 s 325A
Excessive noise
655 Meaning of excessive noise
(1)
In this Act, the term excessive noise means any noise that is under human control and of such a nature as to unreasonably interfere with the peace, comfort, and convenience of any person (other than a person in or at the place from which the noise is being emitted), but does not include any noise emitted by any—
(a)
aircraft being operated during, or immediately before or after, flight; or
(b)
vehicle being driven on a road (within the meaning of section 2(1) of the Land Transport Act 1998); or
(c)
train, other than when being tested (when stationary), maintained, loaded, or unloaded.
(2)
Without limiting subsection (1), excessive noise—
(a)
includes noise that exceeds a standard for noise prescribed by the national planning framework; and
(b)
may include noise emitted by—
(i)
a musical instrument; or
(ii)
an electrical appliance; or
(iii)
a machine, however powered; or
(iv)
a person or group of persons; or
(v)
an explosion or vibration.
Compare: 1991 No 69 s 326
656 Issue and effect of excessive noise direction
(1)
This section applies if an enforcement officer, or any constable acting on the request of an enforcement officer,—
(a)
has received a complaint that excessive noise is being emitted from any place; and
(b)
upon investigation of the complaint, is of the opinion that the noise is excessive.
(2)
An enforcement officer, or any constable acting on the request of an enforcement officer, may direct the occupier of the place from which the sound is being emitted, or any other person who appears to be responsible for causing the excessive noise, to immediately reduce the noise to a reasonable level.
(3)
A direction under subsection (2) may be given in writing or orally.
(4)
Every direction under subsection (2) must prohibit the person to whom it is given, and every other person bound by the direction, from causing or contributing to the emission of excessive noise from or within the vicinity of the place at any time during the period of 8 days or any shorter period that the enforcement officer or constable specifies, commencing at the time the direction is given.
(5)
The powers under this section are in addition to the powers under sections 649 to 652 to issue abatement notices relating to unreasonable noise and to seek an enforcement order under section 643.
Compare: 1991 No 69 s 327
657 Compliance with excessive noise direction
(1)
Every person who is given a direction under section 656 must immediately comply with the direction.
(2)
Every person who knows or ought to know that a direction under section 656 has been given in respect of a particular place must comply with that direction as if they were the recipient of it, while on or in the vicinity of that place.
(3)
If a person against whom an excessive noise direction is made fails to comply immediately with the notice, an enforcement officer (accompanied by a constable) or a constable may enter the place without further notice and—
(a)
seize and remove from the place any instrument, appliance, vehicle, aircraft, train, or machine (the item) that is producing or contributing to the excessive noise; or
(b)
render the item inoperable by the removal of any part from; or
(c)
lock or seal the item so as to make unusable.
(4)
If a direction under section 656 is unable to be given because there is no person occupying the place from which the sound is being emitted or the occupier of the place cannot reasonably be identified, and there is no other person who appears to be responsible for causing the excessive noise, an enforcement officer (accompanied by a constable) or a constable may enter the place without notice and—
(a)
seize and remove the item from the place; or
(b)
render the item inoperable by the removal of any part from; or
(c)
lock or seal the item so as to make unusable.
(5)
Where any enforcement officer or constable enters any place under subsection (4), they must leave in that place, in a prominent position,—
(a)
a copy of the relevant written excessive noise direction issued under section 656; and
(b)
a written notice stating—
(i)
the date and time of the entry:
(ii)
the name of the person in charge of the entry:
(iii)
the actions taken to ensure compliance with the excessive noise direction:
(iv)
the address of the office at which inquiries may be made in relation to the entry.
(6)
Any enforcement officer or constable exercising any power under this section may use such assistance as is reasonably necessary.
(7)
Any constable may, in exercising any power under this section, use such force as is reasonable in the circumstances.
Compare: 1991 No 69 s 328
Water shortage
658 Water shortage direction
(1)
If a regional council considers that at any time there is a serious temporary shortage of water in its region or any part of its region, the regional council may issue a direction for either or both of the following:
(a)
that the taking, use, damming, or diversion of water is to be apportioned, restricted, or suspended to the extent and in the manner set out in the direction:
(b)
that the discharge of any contaminant into water is to be apportioned, restricted, or suspended to the extent and in the manner set out in the direction.
(2)
A direction may relate to any specified water, to water in any specified area, or to water in any specified water body.
(3)
A direction may not last for more than 14 days but may be amended, revoked, or renewed by the regional council by a subsequent direction.
(4)
A direction comes into force on its issue and continues in force until it expires or is revoked.
(5)
A direction may be issued by any means the regional council thinks appropriate, but notice of the particulars of the direction shall be given to all persons required to apportion, restrict, or suspend—
(a)
the taking, use, damming, or diversion of water as far as they can be ascertained, as soon as practicable after its issue; or
(b)
the discharge of any contaminant into water as far as they can be ascertained, as soon as practicable after its issue.
(6)
For the purpose of this section, notice may be given to a person by serving it on the person or by publishing the notice in 1 or more daily newspapers circulating in the area where the person takes, uses, dams, or diverts the water, or discharges a contaminant into water.
Compare: 1991 No 69 s 329
Restrictions relating to enforcement orders and abatement orders
659 Restrictions on certain applications for enforcement orders and abatement notices
(1)
No person may apply to the Environment Court for an enforcement order of a kind specified in any of section 641(1)(a) to (d), and no abatement notice may be served on any person, in respect of anything done or to be done,—
(a)
by or on behalf of the Director of Maritime New Zealand under section 248 or 249 of the Maritime Transport Act 1994; or
(b)
by or on behalf of any person in accordance with any instructions issued under either of those sections of that Act; or
(c)
by or on behalf of any on-scene commander under section 305 or 311 of that Act or in accordance with a direction given under section 310 of that Act; or
(d)
by or on behalf of the master or owner of any ship, or the owner or operator of any oil transfer site or offshore installation, or any other person, in accordance with a direction given under section 305 or 311 of that Act.
(2)
No person (other than the Minister, the Director of Maritime New Zealand, or an NBE regulator) may apply to the Environment Court for an enforcement order to require any person to comply with or cease contravening section 28 (which imposes restrictions on discharges of harmful substances, contaminants, and water from ships and offshore installations).
(3)
No person may apply for an enforcement order of a kind specified in section 641(1)(d) in respect of any actual or reasonable costs and expenses, where the costs and expenses that a person has incurred or is likely to incur constitute pollution damage (as defined in section 342 of the Maritime Transport Act 1994) in respect of which the owner of a CLC ship (as so defined) is liable in damages under Part 25 of that Act, and no order relating to such damage may be made by the Environment Court or any other court in any proceedings (including prosecutions for offences) under this Act.
(4)
An enforcement order or abatement notice may be served on a person to require a person—
(a)
to cease, or prohibit a person from doing, any activity that, in the opinion of the Environment Court or an enforcement officer is, or is likely to be, noxious, dangerous, offensive, or objectionable to the extent that it has or is likely to have an adverse effect on the environment; or
(b)
to do something that, in the opinion of the Environment Court or an enforcement officer, is necessary to avoid, minimise, or remedy an actual or likely adverse effect on the environment caused by or on behalf of that person.
(5)
Subsection (1) is subject to section 646(2) (which specifies limits to the jurisdiction of the Environment Court to make enforcement orders).
Compare: 1991 No 69 ss 17(3), (4), 325B
Monetary benefit orders
660 Monetary benefit orders
(1)
The Environment Court (in any case) or the District Court (if proceedings for an offence are taken in that court) may order a person to pay an amount not exceeding the amount that the court is satisfied, on the balance of probabilities, represents the amount of any monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence or contravention under this Act in relation to which the order is made.
(2)
When determining an amount that the person must pay under an order under subsection (1), the court may take into account—
(a)
the person’s financial circumstances; and
(b)
any amount submitted to the court by the NBE regulator under subsection (3) or the person under subsection (4).
(3)
The NBE regulator may submit to the court the amount the regulator considers to be a reasonable estimate of the monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence or contravention in relation to which the order under subsection (1) is sought, as determined in accordance with—
(a)
a prescribed guideline, method, or protocol; or
(b)
any other method the regulator considers appropriate.
(4)
The person has a right of reply to the NBE regulator’s submission under subsection (3).
(5)
For the purposes of subsection (1), the court may assume that an amount represents any monetary benefits acquired by a person, or accrued or accruing to the person, as a result of the commission of an offence or contravention if—
(a)
the NBE regulator submits that amount to the court under subsection (3); and
(b)
the regulator determined that amount in accordance with a prescribed guideline, method, or protocol.
(6)
Any amount received as the payment of an order made under subsection (1) must be paid to the NBE regulator unless otherwise directed by the court.
(7)
In this section, monetary benefits—
(a)
means monetary, financial, or economic benefits; and
(b)
includes any monetary, financial, or economic benefit the person acquires or accrues by avoiding or delaying the person’s compliance with the provision, condition, or duty to which the person’s offence or contravention relates.
Compare: Environmental Protection Act 2017 s 329 (Victoria)
Revocation or suspension of resource consent for non-compliance with legislation
661 Environment Court may revoke or suspend resource consent
(1)
If an NBE regulator is satisfied that there has been ongoing, significant, or repeated non-compliance with this Act or the Resource Management Act 1991 in relation to a resource consent, the regulator may apply to the Environment Court (in any case) or the District Court (if proceedings for an offence are taken in that court) for an order—
(a)
revoking the resource consent in whole or in part; or
(b)
suspending the resource consent in whole or in part for a specified period.
(2)
The NBE regulator must demonstrate in their application that, on the balance of probabilities, the revocation or suspension is in the best interests of the public and will not result in any adverse effects on the environment.
(3)
The NBE regulator must, within 5 working days after the application is made to the court, serve notice of the application in the prescribed form on every person directly affected by the application.
(4)
The court may, having regard to the nature of the non-compliance,—
(a)
revoke the resource consent with effect on a specified date; or
(b)
suspend the resource consent for a specified period unconditionally or subject to any conditions the court thinks fit.
(5)
Subsection (4) does not apply until the person to whom an order, if made, will apply has been given an opportunity to be heard.
(6)
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 this section.
Declaration if certain restrictions contravened
662 Declaration relating to trade competition
(1)
Proceedings may be brought in the Environment Court under subpart 5 of Part 5 (restrictions relating to trade competition) seeking a declaration that person A or person C—
(a)
has contravened any of the provisions of that subpart:
(b)
aided, abetted, counselled, induced, procured, or conspired with a person to contravene any of the provisions of that subpart:
(c)
was in any other way knowingly concerned about any of the provisions of that subpart being contravened.
(2)
The proceedings may be brought by any person other than person A or person C who was—
(a)
a party to an appeal against a decision under this Act in favour of person B; or
(b)
a party to a proceeding in the Environment Court lodged by person B under any of the provisions referred to in section 217(2).
(3)
Proceedings under this section—
(a)
must not be commenced until the appeal or proceedings referred to in subsection (2) have been determined; but
(b)
must be commenced not later than 6 years after the action occurred that contravened that subpart.
(4)
The Environment Court may make the declaration.
(5)
Terms used in this section and defined in section 214 have the meanings given in section 214.
Compare: 1991 No 69 s 308G
663 Costs if declaration made
(1)
This section applies if the Environment Court makes a declaration under section 662.
(2)
The Environment Court must make an order that the party against whom the declaration is made must pay any other party an amount for costs and expenses, calculated by—
(a)
totalling the costs and expenses (including witness expenses) that the other party incurred because the party against whom the declaration is made contravened subpart 5 of Part 5; and
(b)
deducting from the total under paragraph (a) any amount paid by the party against whom the declaration is made to the other party in previous proceedings on the same matter.
(3)
The Environment Court must also make an order that the party against whom the declaration is made must pay to the Crown an amount for costs and expenses, calculated by—
(a)
totalling the costs and expenses incurred by the court because the party against whom the declaration is made contravened subpart 5 of Part 5; and
(b)
deducting from the total under paragraph (a) any amount paid by the party against whom the declaration is made to the other party in previous proceedings on the same matter.
(4)
The court may decline to make an order under subsection (2) or (3), but only if it considers that an order should not be made because of exceptional circumstances relevant to the matter.
(5)
If the court declines to make an order under subsection (2) or (3), it may make an order under clause 91(1) or (3) of Schedule 13 (which relates to awarding costs).
(6)
If the court makes a declaration against person C, it must also make an order that person A must not, directly or indirectly, reimburse person C for the costs and expenses that the court has ordered person C to pay.
Compare: 1991 No 69 s 308G
664 Proceedings for damages in High Court
(1)
A person who obtains a declaration under section 662 may bring proceedings in the High Court for damages against the person against whom the declaration was made by the Environment Court.
(2)
The proceedings must—
(a)
be commenced within 6 years of the declaration being made under section 662; and
(b)
be brought in accordance with the High Court Rules 2016.
(3)
The High Court must order the payment of damages for loss suffered by the plaintiff because of the conduct of the defendant that gave rise to the making of the declaration.
Subpart 2—Enforceable undertakings
665 NBE regulator may accept enforceable undertakings
(1)
An NBE regulator may accept an enforceable undertaking given by a person in writing in connection with a matter relating to a contravention or an alleged contravention by the person of this Act or regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150, 151(c), 151(d), 151(e), 151(f), or 151(g) but not including any other provision in the national planning framework).
(2)
The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.
Compare: 2015 No 70 s 123
666 Undertaking may include requirements as to compensation or penalties
(1)
An undertaking under section 665 may include—
(a)
an undertaking to pay compensation to any person or otherwise take action to avoid, minimise, or remedy any actual or likely adverse effects arising from a contravention, involvement in a contravention, or possible contravention or involvement in a contravention of any provision of this Act or regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150, 151(c), 151(d), 151(e), 151(f), or 151(g) but not including any other provision in the national planning framework):
(b)
an undertaking to pay to the NBE regulator an amount in compensation for the remediation of any actual or likely adverse effects arising from the contravention, involvement in a contravention, or possible contravention or involvement.
(2)
The NBE regulator must apply the amount collected under subsection (1)(b) to the purpose for which the amount was collected.
(3)
If an undertaking referred to in subsection (1) is given, the NBE regulator must give notice of that undertaking on its Internet site (whether or not it gives notification of other undertakings given in relation to the same matter).
(4)
The notice under subsection (3) must include—
(a)
notice of the decision to accept an enforceable undertaking and the reasons for that decision; and
(b)
a statement of the amount of compensation to be paid or action to be taken to avoid, minimise, or remedy any actual or likely effects arising; and
(c)
the name of the person providing the undertaking; and
(d)
a brief description of the circumstances and nature of the alleged contravention to which the undertaking relates.
(5)
This section does not limit section 665.
Compare: 2011 No 5 s 46A
667 Notice of decision and reasons for decision
The NBE regulator must, within 15 working days after receiving a proposed enforceable undertaking, give the person seeking to make the enforceable undertaking written notice of—
(a)
its decision to accept or reject the undertaking; and
(b)
the reasons for the decision.
Compare: 2015 No 70 s 124
668 When enforceable undertaking is enforceable
An enforceable undertaking takes effect and becomes enforceable when the NBE regulator’s decision to accept the undertaking is given to the person who made the undertaking, or at any later date specified by the regulator.
Compare: 2015 No 70 s 125
669 Compliance with enforceable undertaking
A person must not contravene an enforceable undertaking given by that person that is in force.
Compare: 2015 No 70 s 126
670 Contravention of enforceable undertaking
(1)
The NBE regulator may apply to the District Court for an order if a person contravenes an enforceable undertaking.
(2)
If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court may make either or both of the following orders:
(a)
an order directing the person to comply with the undertaking:
(b)
an order discharging the undertaking.
(3)
In addition to the orders referred to in subsection (2), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the person to pay to the NBE regulator—
(a)
the costs of the proceedings; and
(b)
the reasonable costs of the regulator in monitoring compliance with the enforceable undertaking in the future.
(4)
This section does not prevent proceedings being brought for the contravention or alleged contravention of this Act or regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150, 151(c), 151(d), 151(e), 151(f), or 151(g) but not including any other provision in the national planning framework), being a contravention or alleged contravention to which the enforceable undertaking relates if the undertaking is not complied with.
Compare: 2015 No 70 s 127
671 Withdrawal or variation of enforceable undertaking
(1)
A person who has given an enforceable undertaking may at any time, with the written agreement of the NBE regulator,—
(a)
withdraw the undertaking; or
(b)
vary the undertaking.
(2)
However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of this Act or regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150, 151(c), 151(d), 151(e), 151(f), or 151(g) but not including any other provision in the national planning framework).
(3)
The NBE regulator must publish, on an Internet site maintained by or on behalf of the regulator, notice of the withdrawal or variation of an enforceable undertaking.
Compare: 2015 No 70 s 128
672 Proceedings for alleged contravention
(1)
No proceedings (whether civil or criminal) for a contravention or an alleged contravention of this Act or regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150, 151(c), 151(d), 151(e), 151(f), or 151(g) but not including any other provision in the national planning framework) may be brought against a person if an enforceable undertaking is in effect in relation to that contravention unless the undertaking has not been complied with.
(2)
No proceedings may be brought for a contravention or an alleged contravention of this Act or regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150, 151(c), 151(d), 151(e), 151(f), or 151(g) but not including any other provision in the national planning framework) against a person who—
(a)
has made an enforceable undertaking in relation to that contravention; and
(b)
has completely discharged the enforceable undertaking.
(3)
The NBE regulator may accept an enforceable undertaking in relation to a contravention or an alleged contravention before proceedings in relation to that contravention have been completed.
(4)
If the NBE regulator accepts an enforceable undertaking before the proceedings are completed, the regulator must take all reasonable steps to have the proceedings discontinued as soon as practicable.
Compare: 2015 No 70 s 129
Adverse publicity orders
673 Adverse publicity orders
(1)
An order under this section (an adverse publicity order) to address non-compliance with this Act may—
(a)
be made by the Environment Court in enforcement proceedings on application by the NBE regulator; or
(b)
be made by the District Court in proceedings in that court for an offence under this Act on application by the prosecutor; or
(c)
be offered by the consent holder as part of an enforceable undertaking.
(2)
An adverse publicity order may require the consent holder or another person involved in the commission of the non-compliance to do 1 or more of the following:
(a)
take any specified action to publicise—
(i)
the non-compliance:
(ii)
any impacts on human health or the environment or other consequences arising or resulting from the non-compliance:
(iii)
if applicable, any penalties imposed, or other orders made, by the court as a result of the commission of the non-compliance:
(iv)
any specified additional information:
(b)
take any specified action to notify a specified person or class of persons of the matters listed in paragraph (a).
(3)
Any person against whom an adverse publicity order is made by the Environment Court or District Court may appeal to the High Court against the whole or any part of the order.
(4)
Notice of an appeal must be in the prescribed form and must—
(a)
state the reasons for the appeal and the relief sought; and
(b)
state any matters required by regulations made under section 801; and
(c)
be lodged with the Environment Court and served on the consent holder and the NBE regulator within 15 working days after service of the order on the appellant.
(5)
The High Court may confirm or reverse the order appealed against or modify the order in any manner that the court thinks fit.
(6)
If any question arises as to whether non-compliance with this Act has been established, the question must be determined on the balance of probabilities.
(7)
If an appeal is lodged against an adverse publicity order, the order is stayed until the appeal is determined.
(8)
In this section, non-compliance includes alleged non-compliance in the case of an enforceable undertaking.
Compare: Environmental Protection Act 2017 s 330 (Victoria)
Subpart 3—Financial assurances
674 NBE regulator may require financial assurance
(1)
An NBE regulator may require a person undertaking a particular activity to provide a financial assurance.
(2)
A consent authority may include a condition in a resource consent that requires a person undertaking a particular activity to provide a financial assurance.
(3)
The purpose of a financial assurance is to provide security for the costs and expenses of remediation or clean-up in connection with a particular activity.
(4)
If the NBE regulator requires a person to provide a financial assurance, the regulator must notify the person in writing of the form and amount of the financial assurance.
(5)
If a person is given notice under subsection (4), the person must provide the financial assurance within a period, not less than 30 working days, to be specified by the NBE regulator.
675 Form of financial assurance
(1)
An NBE regulator may require a financial assurance to be provided—
(a)
as a bond; or
(b)
as a form of insurance; or
(c)
in any other form specified by the regulator.
(2)
Sections 676 and 677 apply in relation to bonds under this section.
676 Bonds
(1)
A bond may be given for the performance of any 1 or more conditions the NBE regulator considers appropriate and may continue after the expiry of the resource consent or other permission to secure the ongoing performance of conditions relating to long-term effects, including—
(a)
a condition relating to the alteration or removal of structures:
(b)
a condition relating to remedial, restoration, or maintenance work:
(c)
a condition providing for ongoing monitoring of long-term effects.
(2)
A condition describing the terms of the bond to be entered into may—
(a)
require that the bond be given before the resource consent or permission is exercised or at any other time:
(b)
require that section 677 apply to the bond:
(c)
provide that the liability of the holder of the resource consent or permission be not limited to the amount of the bond:
(d)
require the bond to be given to secure performance of conditions of the consent, including conditions relating to any adverse effects on the environment that become apparent during or after the expiry of the consent or permission:
(e)
require the holder of the resource consent or permission to provide any security that the NBE regulator thinks fit for the performance of any condition of the bond:
(f)
require the holder of the resource consent or permission to provide a guarantor (acceptable to the NBE regulator) to bind itself to pay for the carrying out of a condition in the event of a default by the holder or the occurrence of an adverse environmental effect requiring remedy:
(g)
provide that the bond may be varied or cancelled or renewed at any time by agreement between the holder and the NBE regulator.
(3)
If an NBE regulator considers that an adverse effect may continue or arise at any time after the expiration of a resource consent or permission granted by it, the NBE regulator may require that a bond continue for a specified period that the regulator thinks fit.
Compare: 1991 No 69 s 108A
677 Special provisions in respect of bonds
(1)
A bond given under section 676 in respect of a land use consent or subdivision consent, and any other bond to which this subsection is applied as a condition of the consent,—
(a)
is to be treated as an instrument creating an interest in the land within the meaning of section 51 of the Land Transfer Act 2017, and may be registered accordingly; and
(b)
when registered under the Land Transfer Act 2017, is a covenant running with the land and, despite anything to the contrary in section 103 of the Land Transfer Act 2017, binds all subsequent owners of the land.
(2)
If the registered bond is varied, cancelled, or expires, the Registrar-General of Land must make an appropriate entry in the register and on any relevant instrument of title noting that the bond has been varied or cancelled or has expired, and the bond takes effect as so varied or ceases to have any effect, as the case may be.
(3)
If the bond has been given in respect of the completion of any work, or for the purposes of ascertaining whether the work has been completed to the satisfaction of the consent authority, the NBE regulator may from time to time, under section 171 of the Local Government Act 2002, enter on the land where the work is required to be, is being, or has been carried out.
(4)
If the holder fails, within the period prescribed by the resource consent or other permission (or within any further period that the NBE regulator may allow), to complete, to the satisfaction of the NBE regulator, any work in respect of which any bond is given (including completion of any interim monitoring required),—
(a)
the regulator may enter on the land and complete the work and recover the cost of the work from the holder out of any money or securities deposited with the regulator or money paid by a guarantor, so far as the money or securities will extend; and
(b)
on completion of the work to the satisfaction of the regulator, any money or securities remaining in the hands of the regulator after payment of the cost of the works must be returned to the holder or the guarantor, as the case may be.
(5)
If the cost of any work done by the NBE regulator under subsection (4) exceeds the amount recovered by the regulator under that subsection, the amount of that excess is a debt due to the regulator by the holder, and becomes a charge on the land.
(6)
The provisions of this Part continue to apply despite the entry into, or subsequent variation or cancellation of, any bond.
Compare: 1991 No 69 s 109
678 Amount of financial assurance
The NBE regulator may determine the amount of a financial assurance, having regard to—
(a)
a reasonable estimate of the costs and expenses of remediation or clean-up activities for the particular activity; and
(b)
any method for calculating the amount of financial assurances published by the regulator; and
(c)
any independent assessment obtained by the regulator; and
(d)
any guidance issued by the chief executive of the Ministry for the Environment.
679 Independent assessment of amount of financial assurance
(1)
For the purpose of determining the amount of a financial assurance, the NBE regulator may require a person to provide an independent assessment of a matter within a period specified by the regulator.
(2)
If the NBE regulator requires a person to provide an independent assessment under subsection (1), the person must pay any costs associated with obtaining the independent assessment.
(3)
An independent assessment required by the NBE regulator under subsection (1) must be conducted by a suitably qualified person.
680 Method for calculating financial assurance amount
(1)
The NBE regulator may publish a method for calculating financial assurance amounts.
(2)
The method takes effect on the day notice is published or on any later day if specified in the notice.
(3)
The NBE regulator must publish the method on the regulator’s Internet site.
681 Costs associated with financial assurance
A person who is required to provide a financial assurance is responsible for all reasonable costs incurred by the NBE regulator that are associated with—
(a)
providing the financial assurance; and
(b)
determining the form and amount of a financial assurance.
682 NBE regulator may review financial assurance
(1)
The NBE regulator may review—
(a)
the requirement for a person to provide a financial assurance:
(b)
the amount of a financial assurance:
(c)
the form of a financial assurance.
(2)
The NBE regulator may review a financial assurance in any case or class of cases prescribed by the national planning framework.
683 NBE regulator may amend financial assurance
(1)
The NBE regulator may, subject to subsection (2), amend—
(a)
the form of a financial assurance:
(b)
the amount of a financial assurance:
(c)
the form and the amount of a financial assurance.
(2)
If following a review, the NBE regulator proposes to amend a financial assurance, the regulator must—
(a)
notify the person who provided the financial assurance in writing; and
(b)
invite the person who provided the financial assurance to make a submission on the proposed amendment, within 20 working days after the date of notice; and
(c)
consider any submissions from the person who provided the financial assurance.
(3)
If the NBE regulator decides to amend a financial assurance, the regulator must notify the person in writing of the decision.
(4)
On amending a financial assurance, the NBE regulator—
(a)
may make any changes the regulator considers necessary to implement that amendment in an instrument or document; and
(b)
despite anything to the contrary in this Act or the national planning framework, may make any changes the regulator considers necessary to implement the amendment in a resource consent or other permission under this Act by complying only with this section.
(5)
If a person is given notice under subsection (3) and is required to provide a further form, amount, or form and amount of a financial assurance, the person must provide the further requirement within a period, not less than 30 working days, to be specified by the NBE regulator.
684 NBE regulator may make a claim on financial assurance
(1)
This section applies if—
(a)
the NBE regulator determines that the person who provided a financial assurance has failed to conduct the remediation or clean-up activities required by this Act or regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150, 151(c), 151(d), 151(e), 151(f), or 151(g) but not including any other provision in the national planning framework); or
(b)
the regulator has exercised clean-up powers in connection with the particular activity that the financial assurance was provided in relation to.
(2)
The NBE regulator may make a claim on a financial assurance for any reasonable costs incurred, or that the regulator considers are likely to be incurred, by the regulator in conducting the remediation or clean-up activities.
(3)
The NBE regulator may make a claim on a financial assurance with respect to a power specified in subsection (1)(b) whether or not any costs incurred by the NBE regulator in conducting the remediation or clean-up activities are the result of an act or omission before the financial assurance was provided.
(4)
If the NBE regulator makes a claim under this section and the costs incurred by the regulator in conducting the remediation or clean-up activities exceed the amount of the financial assurance, the regulator may recover as a debt due to the Crown in a court of competent jurisdiction any reasonable costs incurred by the regulator in conducting the remediation or clean-up activities.
(5)
If the NBE regulator makes a claim under this section, nothing in this Part prevents the regulator from making a further claim for reasonable costs incurred, or that the regulator considers are likely to be incurred, in conducting clean-up or remediation activities.
(6)
Any money recovered under this section is to be paid to the NBE regulator.
685 Procedure for claim on financial assurance in the event of person’s failure to remediate or clean up
(1)
Before the NBE regulator makes a claim on a financial assurance for a matter specified in section 684, the regulator must—
(a)
notify the person who provided the financial assurance in writing; and
(b)
invite the person who provided the financial assurance to make a submission on the regulator’s intention to make a claim within 20 working days of the date of the notice; and
(c)
consider any submissions made within the period specified in paragraph (b).
(2)
The NBE regulator may proceed with the claim 10 working days after the day the regulator receives any submissions or within the period specified in subsection (1)(b), whichever occurs first.
(3)
The NBE regulator must notify the person who provided the financial assurance of a decision under subsection (2) in writing within 5 working days after the day of the decision.
686 Procedure for claim on financial assurance in the event of immediate or serious risk
If the NBE regulator makes a claim on a financial assurance for a matter specified in section 684 that involves an immediate or serious risk to life or the environment, the regulator must—
(a)
notify the person who provided the financial assurance in writing within 10 working days of the date of the claim; and
(b)
give reasons for making the claim.
687 Notice to replenish financial assurance
(1)
If the NBE regulator makes a claim on a financial assurance, the regulator may require the person who provided the financial assurance to replenish the amount of the financial assurance by giving notice in writing.
(2)
A notice under subsection (1) must set out the amount the person is required to provide to replenish the amount of the financial assurance consequent to the claim.
(3)
If a person is given notice under subsection (1), the person must provide the amount required to replenish the financial assurance within a period, not less than 30 working days, to be specified by the NBE regulator.
688 Specified conditions for release of financial assurance
(1)
The NBE regulator must release all or part of a financial assurance (as the case requires) in any case or class of cases prescribed by the national planning framework.
(2)
If the NBE regulator releases all or part of a financial assurance, the regulator must notify the person who provided the financial assurance in writing.
689 Application for release of financial assurance
(1)
A person who provides a financial assurance under this subpart may apply at any time to the NBE regulator for the release of all or part of the financial assurance.
(2)
In considering an application under subsection (1), the NBE regulator must—
(a)
have regard to the prescribed risk-assessment criteria (if any); and
(b)
notify the person of the regulator’s decision within 40 working days after the date the application is received.
(3)
If, in considering an application under subsection (1), the NBE regulator determines further information is required, the NBE regulator may—
(a)
request the person to provide further information; and
(b)
extend the period specified in subsection (2)(b).
690 Transfer of financial assurance
(1)
The NBE regulator may transfer a financial assurance if—
(a)
a person is required to provide a financial assurance under section 674; and
(b)
that financial assurance may be released or partly released to the person under section 688 or 689; and
(c)
the person is required to provide another financial assurance under section 674.
(2)
The NBE regulator must notify the person in writing of a decision to transfer a financial assurance.
(3)
On transferring a financial assurance, the NBE regulator may make any changes the regulator considers necessary to implement the transfer in an instrument or document.
(4)
If a person is given notice under subsection (2) and is required to provide a further amount as a financial assurance, the person must provide the further amount of the financial assurance within a period, not less than 30 working days, to be specified by the NBE regulator.
691 Enforcement of financial assurance
(1)
A person must not refuse or fail to do any of the following within the specified period:
(a)
provide a financial assurance:
(b)
provide a further amount as a financial assurance following amendment by the NBE regulator:
(c)
replenish the amount of a financial assurance consequent to a claim on the financial assurance.
(2)
If a person refuses or fails to fulfil a requirement specified in subsection (1) when it is due, the NBE regulator may suspend the relevant resource consent or other permission until the person fulfils the requirement.
Subpart 4—Miscellaneous provisions relating to compliance and enforcement action
Emergency works
692 Exclusion of certain provisions where emergency works or remedial action necessary
(1)
This section applies to an adverse effect or sudden event described in subsection (2) if the person, authority, network utility operator, or lifeline utility concerned considers the following is affected by or likely to be affected by it:
(a)
any public work for which any person has financial responsibility:
(b)
any natural and physical resource or area for which a local authority or consent authority has jurisdiction under this Act:
(c)
any project or work or network utility operation for which any network utility operator is approved as a requiring authority under section 513(3):
(d)
any service or system that any lifeline utility operates or provides.
(2)
The adverse events or sudden events are—
(a)
an adverse effect on the environment that requires immediate preventive measures:
(b)
an adverse effect on the environment that requires immediate remedial measures:
(c)
any sudden event causing or likely to cause loss of life, injury, or serious damage to property.
(3)
Sections 21 and 23 to 26 do not apply to any activity undertaken by or on behalf of that person, authority, network utility operator, or lifeline utility to remove the cause of, or mitigate any actual or likely adverse effect of, the emergency, whether or not the adverse effect or sudden event was foreseeable.
(4)
In this section and section 695, lifeline utility means a lifeline utility within the meaning of section 4 of the Civil Defence Emergency Management Act 2002 other than a lifeline utility that is a network utility operator to which subsection (1)(c) applies.
Compare: 1991 No 69 s 330(1), (1A), (5)
693 Defence in case of unforeseen emergency
(1)
A person who is prosecuted under section 701 for breaching any of sections 21 to 26 may raise any applicable defence provided for in sections 703 and 704.
(2)
No person may be prosecuted for acting in accordance with section 694 (which relates to actions undertaken in an emergency).
Compare: 1991 No 69 s 18
694 Power to take preventive or remedial action
(1)
Subsection (2) applies if—
(a)
a local authority or consent authority has—
(i)
financial responsibility for any public work; or
(ii)
jurisdiction under this Act in respect of any natural and physical resource or area; and
(b)
in the reasonable opinion of that local authority or consent authority, that work, resource, or area is likely to be affected by any of the conditions described in section 692(2).
(2)
The local authority or consent authority by its employees or agents may, without prior notice, enter any place (including a dwelling house when accompanied by a constable) and may take any action, or direct the occupier to take any action, that is immediately necessary and sufficient to remove the cause of, or mitigate any actual or likely adverse effect of, the emergency.
(3)
Sections 21 and 23 to 26 do not apply to any action taken under subsection (2).
(4)
As soon as practicable after entering any place under this section, a person entering must identify themselves and inform the occupier of the place of the entry and the reasons for it.
(5)
Nothing in this section authorises any person to do anything in relation to an emergency involving a marine oil spill or suspected marine oil spill within the meaning of section 281 of the Maritime Transport Act 1994.
Compare: 1991 No 69 s 330(2)–(4)
695 Resource consents for emergency works
(1)
If an activity is undertaken under section 692 or 694, the person (other than the occupier), authority, network utility operator, or lifeline utility who or which undertook the activity must advise the appropriate consent authority, within 7 days, that the activity has been undertaken.
(2)
The person (other than the occupier), authority, network utility operator, or lifeline utility who or which undertook the activity must, within 30 working days of the notification under subsection (1), apply in writing to the appropriate consent authority for any necessary resource consents required in respect of the activity (that would breach this Act but for section 692 or 694).
(3)
Subsection (2) applies only if the adverse effects of the activity continue.
(4)
In its consideration of retrospective consent applications, the consent authority may direct those who have undertaken the emergency works or activity that requires a consent to remediate any ongoing adverse environmental effects.
(5)
If the application is made within the time stated in subsection (2), the activity may continue until the application for a resource consent and any appeals have been finally determined.
Compare: 1991 No 69 s 330A
696 Emergency works under Civil Defence Emergency Management Act 2002
(1)
If any activity is undertaken by any person exercising emergency powers during a state of emergency declared, or transition period notified, under the Civil Defence Emergency Management Act 2002, sections 21 and 23 to 26 do not apply to any activity undertaken by or on behalf of that person to remove the cause of, or mitigate any actual or adverse effect of, the emergency.
(2)
If an activity is undertaken to which subsection (1) applies, the person who authorised the activity must advise the appropriate consent authority, within 7 days, that the activity has been undertaken.
(3)
The person who authorised the activity must, within 60 working days of the notification under subsection (2), apply in writing to the appropriate consent authority for any necessary resource consents required in respect of the activity (that would breach this Act but for this section).
(4)
Subsection (3) applies only if the adverse effects of the activity continue.
(5)
In its consideration of retrospective consent applications, the consent authority may direct those who have undertaken the emergency works or activity that requires a retrospective consent to remediate any ongoing adverse environmental effects.
(6)
If the application is made within the time stated in subsection (3), the activity may continue until the application for a resource consent and any appeals have been finally determined.
(7)
A person does not commit an offence under section 701(1)(a) by acting in accordance with this section.
Compare: 1991 No 69 s 330B
697 Reimbursement or compensation for emergency works
(1)
If a local authority or consent authority takes action under section 694(2) because of the default of any person, the authority may require reimbursement from that person of its actual and reasonable costs (as defined in section 641(2)).
(2)
If the costs required to be paid under subsection (1) are not duly paid within 20 working days of being required, the authority may seek an enforcement order under section 641(1).
(3)
Subsection (4) applies to—
(a)
every person having an estate or interest in land that is injuriously affected by the exercise of any power under section 694(2); and
(b)
every other person suffering any damage as a result of the exercise of that power.
(4)
The person is entitled to compensation from the authority in respect of any damage which did not arise from any failure of that person to abide by their duties under the Act.
(5)
Any compensation under subsection (4) must be claimed and determined in accordance with Part 5 of the Public Works Act 1981 and the provisions of that Act, so far as they apply and with all necessary modifications, apply accordingly.
Compare: 1991 No 69 s 331
698 Protection against imprisonment for dumping and discharge offences involving foreign ships
(1)
No person may be imprisoned for any offence of contravening or permitting a contravention of section 27 or 28 involving a foreign ship unless the court is satisfied that—
(a)
either—
(i)
the person intended to commit the offence; or
(ii)
the offence occurred as a consequence of any reckless act or omission by that person with the knowledge that that act or omission would, or would be likely to, cause a significant or irreversible adverse effect on the coastal marine area; and
(b)
the commission of the offence has had, or is likely to have, a significant or irreversible adverse effect on the coastal marine area.
(2)
In this section, foreign ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994.
Compare: 1991 No 69 s 339A
699 Amount of fine or other monetary penalty recoverable by distress and sale of ship or from agent
(1)
The court may order that the amount of an unpaid fine be levied by distress and sale of the ship and its equipment if—
(a)
the master or owner of a ship is convicted of an offence against section 701 in respect of any contravention of section 27, 28, or 29; and
(b)
any fine or other monetary penalty imposed by a court under section 706 or 717 in respect of that offence is not paid on time.
(2)
Without limiting subsection (1), subsection (3) applies if any master or owner of a ship—
(a)
is convicted of an offence against section 701 in respect of any contravention of section 27, 28, or 29; and
(b)
fails to pay the full amount of any fine or other monetary penalty imposed by the court under section 706 or 717.
(3)
The agent of the ship is civilly liable to pay to the Crown or, if the proceedings in relation to the offence were commenced by or on behalf of a local authority, to that local authority, any amount of that fine or monetary penalty that remains unpaid and the Crown or that local authority may recover that amount from that agent as a debt.
(4)
For the purpose of subsection (2), any proceedings in relation to the offence that were commenced by or on behalf of a local authority include any proceedings in which the EPA was assisting the local authority (see section 733(b)).
(5)
Every agent of a ship who, under this section, pays the whole or part of any fine or other monetary penalty imposed on the master or owner of the ship is entitled to recover the amount so paid from that master or owner as a debt or deduct that amount out of or from any money that is or becomes payable by that agent to that master or owner, and any amount so paid by the agent is, for the purposes of section 4(1)(p) of the Admiralty Act 1973, deemed to be a disbursement made on account of the ship.
(6)
The District Court has jurisdiction to hear and determine proceedings for the recovery, in accordance with this section, of any money from any agent, master, or owner of a ship whatever the amount of money involved.
(7)
This section applies despite any enactment or rule of law.
Compare: 1991 No 69 s 339C
Subpart 5—Offences, penalties, and related provisions
Limitation periods
700 Limitation period for offences or civil penalties under this Act
Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of—
(a)
an offence against this Act ends on the date that is 2 years after the date on which the contravention giving rise to the charge first became known, or should have become known, to the person on whose behalf the charge was filed:
(b)
the imposition of a pecuniary penalty, an enforceable undertaking, a monetary benefit order, or an adverse publicity order under this subpart is 6 years after the date on which the contravention giving rise to the liability for the penalty first became known, or should have become known, to the person on whose behalf the penalty was imposed.
Offences
701 Offences against this Act
(1)
A person commits an offence against this Act if the person contravenes, or permits a contravention of, any of the following:
(a)
sections 21 to 26 (which impose duties and restrictions in relation to land, subdivision, the coastal marine area, the beds of certain rivers and lakes, water, and discharges of contaminants):
(b)
any enforcement order:
(c)
any condition of a resource consent:
(d)
any abatement notice, other than a notice under section 649(1)(c):
(e)
any monetary benefit order made under section 660:
(f)
section 669 (which imposes a duty to comply with an enforceable undertaking):
(g)
any adverse publicity order made by a court under section 673:
(h)
any requirement or duty in regulations made under section 796 (emergency response regulations) that the person must comply with.
(2)
A person commits an offence against this Act if the person contravenes, or permits a contravention of, section 27 or 29 (which impose restrictions in relation to waste or other matter).
(3)
If any harmful substance or contaminant or water is discharged in the coastal marine area in breach of section 28, the following persons each commit an offence:
(a)
if the discharge is from a ship, the master and the owner of the ship:
(b)
if the discharge is from an offshore installation, the owner of the installation.
(4)
A person commits an offence against this Act if the person contravenes, or permits a contravention of, any of the following:
(a)
section 726, which relates to failure to provide certain information to an enforcement officer:
(c)
any direction under section 656:
(d)
any abatement notice for unreasonable noise under section 649(1)(c):
(e)
any order (other than an enforcement order) made by the Environment Court.
(5)
A person commits an offence against this Act if the person—
(a)
wilfully obstructs, hinders, resists, or deceives any person in the execution of any powers conferred on that person by or under this Act:
(b)
(c)
without sufficient cause, contravenes, or permits a contravention of, any provision (as provided in Schedule 11) specified in an instrument for the creation of an esplanade strip or in an easement for an access strip, or enters a strip that is closed under section 618.
Compare: 1991 No 69 s 338
702 Liability of principal for acts of agents
(1)
Subsection (2) applies if an offence is committed against this Act by a person (person A) acting as the agent or employee of another (person B).
(2)
Person B is liable for the offence as if person B had personally committed it, if it is proved that person B—
(a)
authorised or consented to the act constituting the offence; or
(b)
knew the offence was, or was to be, committed and failed to take all reasonable steps to prevent or stop it.
(3)
Subsection (2) does not prejudice the liability of person A.
(4)
If proceedings are brought against person B under subsection (2), person B has a good defence if—
(a)
person B proves,—
(i)
in the case of a natural person (including a partner in a firm),—
(A)
that person B did not know, and could not reasonably be expected to have known, that the offence was to be or was being committed; or
(B)
that person B took all reasonable steps to prevent the commission of the offence; or
(ii)
in the case of a person other than a natural person,—
(A)
that neither the directors (if any) nor any person involved in the management of person B knew, or could reasonably be expected to have known, that the offence was to be or was being committed; or
(B)
that person B took all reasonable steps to prevent the commission of the offence; and
(b)
person B proves that they took all reasonable steps to remedy any effects of the act or omission giving rise to the offence.
(5)
If a person other than a natural person is convicted of an offence against this Act, a director of the defendant (if any), or a person involved in the management of the defendant, is guilty of the same offence if it is proved—
(a)
that the act or omission that constituted the offence took place with the person’s authority, permission, or consent; and
(b)
that the person knew, or could reasonably be expected to have known, that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.
Compare: 1991 No 69 s 340
703 Strict liability and defences
(1)
In any prosecution for an offence of contravening or permitting a contravention of any of sections 21 to 26, it is not necessary to prove that the defendant intended to commit the offence.
(2)
It is a defence to prosecution of the kind referred to in subsection (1) if the defendant proves—
(a)
that—
(i)
the action or event to which the prosecution relates was necessary for the purposes of saving or protecting life or health, preventing serious damage to property, or avoiding an actual or likely adverse effect on the environment; and
(ii)
the conduct of the defendant was reasonable in the circumstances; and
(iii)
the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred; or
(b)
that the action or event to which the prosecution relates was due to an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case—
(i)
the action or event could not reasonably have been foreseen or been provided against by the defendant; and
(ii)
the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred.
(3)
Except with the leave of the court, subsection (2) does not apply unless, within 7 days after the service of the summons or within such further time as the court may allow, the defendant delivers to the prosecutor a written notice—
(a)
stating that the defendant intends to rely on subsection (2); and
(b)
specifying the facts that support the defendant’s reliance on subsection (2).
Compare: 1991 No 69 s 341
704 Liability and defences for discharging harmful substances
(1)
In any prosecution for an offence against section 701(3) (which relates to the discharge of harmful substances, contaminants, or water, in breach of section 28) it is not necessary to prove that the defendant intended to commit the offence.
(2)
It is a defence to prosecution for an offence against section 701(3) if the defendant proves that—
(a)
the harmful substance or contaminant or water was discharged for the purpose of securing the safety of a ship or an offshore installation, or for the purpose of saving life and that the discharge was a reasonable step to effect that purpose; or
(b)
the harmful substance or contaminant or water escaped as a consequence of damage to a ship or its equipment or to an offshore installation or its equipment; and—
(i)
such damage occurred without the negligence or deliberate act of the defendant; and
(ii)
as soon as practicable after that damage occurred, all reasonable steps were taken to prevent the escape of the harmful substance or contaminant or water or, if any such escape could not be prevented, to minimise any escape.
Compare: 1991 No 69 s 341B
705 Burden of proving defences
Despite anything to the contrary in the Criminal Procedure Act 2011, the burden of proving that a defence in section 703 or 704 applies lies on the defendant.
Penalties
706 Penalties
(1)
A person who commits an offence against section 701(1), (2), or (3) is liable on conviction,—
(a)
in the case of a natural person, to imprisonment for a term not exceeding 18 months or a fine not exceeding $1,000,000:
(b)
in the case of a person other than a natural person, to a fine not exceeding $10,000,000.
(2)
A person who commits an offence against section 701(1), (2), or (3) is also liable on conviction, if the offence is a continuing one,—
(a)
in the case of an individual, to a fine not exceeding $10,000 for every day or part of a day during which the offence continues:
(b)
in any other case, to a fine not exceeding $50,000 for every day or part of a day during which the offence continues.
(3)
A person who commits an offence against section 701(4) is liable on conviction to a fine not exceeding $15,000, and, if the offence is a continuing one, to a further fine not exceeding $1,500 for every day or part of a day during which the offence continues.
(4)
A person who commits an offence against section 701(5) is liable on conviction to a fine not exceeding $5,000.
(5)
A court may sentence any person who commits an offence against this Act to a sentence of community work, and the provisions of Part 2 of the Sentencing Act 2002, with all necessary modifications, apply accordingly.
(6)
If a person is convicted of an offence against section 701, the court may, instead of or in addition to imposing a fine or a term of imprisonment, make 1 or more of the following orders:
(a)
the orders specified in section 641:
(b)
an order requiring a consent authority to serve notice, under section 337, of the review of a resource consent held by the person, but only if the offence involves an act or omission that contravenes the consent.
(7)
The continued existence of anything, or the intermittent repetition of any actions, contrary to any provision of this Act is to be treated as a continuing offence.
Compare: 1991 No 69 s 339
707 Fines to be paid to NBE regulator instituting prosecution
(1)
If a person is convicted of an offence under section 701 and the court imposes a fine, the court must, if the proceedings in relation to the offence were commenced by or on behalf of an NBE regulator, order that the fine be paid to the regulator.
(2)
There must be deducted from every amount payable to a regulator under subsection (1) a sum equal to 10% of that amount, and that sum must be credited to a Crown Bank Account.
(3)
Despite anything in subsection (2), if any money awarded by a court in respect of any loss or damage is recovered as a fine, and that fine is ordered to be paid to a regulator under subsection (1), no deduction may be made under subsection (2) in respect of that money.
(4)
Subject to subsection (2), an order of the court made under subsection (1) is sufficient authority for the Registrar receiving the fine to pay that fine to the regulator entitled to it under the order.
(5)
Nothing in section 73 of the Public Finance Act 1989 applies to any fine ordered to be paid to a regulator under subsection (1).
Compare: 1991 No 69 s 342
708 Insurance against fines unlawful
(1)
To the extent that an insurance policy or a contract of insurance indemnifies or purports to indemnify a person for the person’s liability to pay a fine, infringement fee, or pecuniary penalty under this Act,—
(a)
the policy or contract is of no effect; and
(b)
no court or tribunal has jurisdiction to grant relief in respect of the policy or 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 policy or contract described in subsection (1); or
(b)
indemnify, or offer to indemnify, another person for the other person’s liability to pay a fine, infringement fee, or pecuniary penalty under this Act; or
(c)
be indemnified, or agree to be indemnified, by another person for that person’s liability to pay a fine, infringement fee, or pecuniary penalty under this Act; or
(d)
pay to another person, or receive from another person, an indemnity for a fine, infringement fee, or pecuniary penalty under this Act.
(3)
Nothing in this section prevents parties to a contract or arrangement from apportioning their liability in relation to an activity by means of indemnities or otherwise, as long as the apportionment of liability is not in respect of liability to pay a fine, infringement fee, or pecuniary penalty under this Act.
(4)
The prohibition in this section against insurance does not apply to legal costs or remediation work connected with an activity under this Act.
Compare: 2015 No 70 s 29
Infringement offences
709 Infringement offences
(1)
A person who is alleged to have committed an infringement offence may—
(a)
be proceeded against by the filing of a charging document under section 14 of the Criminal Procedure Act 2011; or
(b)
be issued with an infringement notice under section 711.
(2)
Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a) of the Summary Proceedings Act 1957.
(3)
See section 21 of the Summary Proceedings Act 1957 for the procedure that applies if an infringement notice is issued.
(4)
However, despite section 21(8)(d) of the Summary Proceedings Act 1957, if a notice of hearing is filed in a court within the 2-year limitation period specified in section 700, proceedings in respect of the offence to which the infringement notice relates may be commenced in accordance with section 21 of that Act.
Compare: 1991 No 69 s 343B
710 Who may issue infringement notices
An enforcement officer may issue infringement notices under this Act.
Compare: 1991 No 69 s 343C(1)
711 When infringement notice may be issued
An enforcement officer may issue an infringement notice to a person if the enforcement officer believes on reasonable grounds that the person is committing, or has committed, an infringement offence.
Compare: 1991 No 69 s 343C(1)
712 Revocation of infringement notice before payment made
(1)
The enforcement officer may revoke an infringement notice before—
(a)
the infringement fee is paid; or
(b)
an order for payment of a fine is made or deemed to be made by a court under section 21 of the Summary Proceedings Act 1957.
(2)
The enforcement officer must take reasonable steps to ensure that the person to whom the notice was issued is made aware of the revocation of the notice.
(3)
The revocation of an infringement notice before the infringement fee is paid is not a bar to any further action as described in section 709(1)(a) or (b) against the person to whom the notice was issued in respect of the same matter.
713 What infringement notice must contain
An infringement notice must be in the form prescribed in regulations made under section 776 and must contain the following particulars:
(a)
details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence:
(b)
the amount of the infringement fee:
(c)
the address of the NBE regulator:
(d)
how the infringement fee may be paid:
(e)
the time within which the infringement fee must be paid:
(f)
a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957:
(g)
a statement that the person served with the notice has a right to request a hearing:
(h)
a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:
(i)
any other matters prescribed in regulations made under section 776.
Compare: 1991 No 69 s 343C(3)
714 How infringement notice may be served
(1)
An infringement notice may be served on the person who the enforcement officer believes is committing or has committed the infringement offence by—
(a)
delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or
(b)
leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 14 years; or
(c)
leaving it for the person at the person’s place of working or work with another person; or
(d)
sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business or work; or
(e)
sending it to an electronic address of the person in any case where the person does not have a known place of residence or business in New Zealand.
(2)
Unless the contrary is shown,—
(a)
an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1) is to be treated as having been served on that person on the fifth working day after the date on which it was posted; and
(b)
an infringement notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first entered an information system that is outside the control of the enforcement authority.
Compare: 1991 No 69 s 343C(2)
715 Payment of infringement fees
(1)
A local authority is entitled to retain all infringement fees received by it in respect of infringement offences where the infringement notice was issued by an enforcement officer of that authority.
(2)
However, any infringement fee relating to an infringement notice issued by an enforcement officer appointed by the EPA must be paid into a Crown Bank Account.
Compare: 1991 No 69 s 343D
716 Reminder notices
A reminder notice must be in the form prescribed in regulations made under section 776 and must include the same particulars, or substantially the same particulars, as the infringement notice.
Compare: 1991 No 69 s 343C(4)
Pecuniary penalties
717 Pecuniary penalty order
(1)
The Environment Court, on application by an NBE regulator, may order a person to pay a pecuniary penalty to the Crown or any other person specified by the court if the court is satisfied that the person has contravened or permitted a contravention of this Act or regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150, 151(c), 151(d), 151(e), 151(f), or 151(g) but not including any other provision in the national planning framework).
(2)
The court must not make the order if the person satisfies the court—
(a)
that—
(i)
the contravention was necessary for the purpose of saving or protecting life or health, preventing serious damage to property, or avoiding an actual or likely adverse effect on human health or a natural and physical resource; and
(ii)
the person’s conduct was reasonable in all the circumstances; and
(iii)
the person took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the contravention after it occurred; or
(b)
that the action or event to which the contravention relates was due to an event beyond the person’s control, including natural disaster, mechanical failure, or sabotage, and in each case—
(i)
the action or event could not reasonably have been foreseen or been provided against by the person; and
(ii)
the effects of the action or event were adequately mitigated or remedied by the person after it occurred; or
(c)
that the person did not know, and could not reasonably have known, of the contravention.
(3)
The standard of proof in proceedings under this section is the standard of proof that applies in civil proceedings.
(4)
The regulator may apply for an order of the court to obtain discovery and administer interrogatories.
Compare: 1993 No 95 s 154H
718 Liability of principals and employers
(1)
Subsections (2) and (3) apply if the person who is liable under section 717 (person A) was acting as the agent or employee of another person (person B) at the time of the non-compliance.
(2)
Person B is liable under section 717 in the same manner and to the same extent as if they had personally failed to comply, if it is proved—
(a)
that the act or omission that constituted the non-compliance took place with their authority, permission, or consent; or
(b)
that they knew that the non-compliance was occurring or was to occur and failed to take all reasonable steps to prevent or stop it.
(3)
The liability described in subsection (2) does not affect the liability described in subsection (1).
(4)
If the Environment Court makes an order under section 717 against a body corporate, the court may also make an order against every director or person concerned in the management of the body corporate if it is proved—
(a)
that the act or omission that constituted the non-compliance took place with the director or person’s authority, permission, or consent; or
(b)
that the director or person knew that the non-compliance was occurring or was to occur and failed to take all reasonable steps to prevent or stop it.
Compare: 1993 No 95 s 154I
719 Amount
(1)
In determining the appropriate amount of a pecuniary penalty under section 717, the court must have regard to all relevant matters, including—
(a)
the nature and extent of the contravention:
(b)
the nature and extent of loss or damage caused to a person, human health, the natural environment, and natural and physical resources as a result of the contravention:
(c)
the circumstances in which the contravention took place:
(d)
whether or not the person has been found in previous proceedings under this Act to have engaged in similar conduct:
(e)
the steps taken by the person to bring the contravention to the attention of the appropriate authority:
(f)
the steps taken by the person to avoid, minimise, or remedy the effects of the contravention.
(2)
Subsections (3) to (7) state the limits on the amounts of pecuniary penalty that the court may order.
(3)
For a natural person, the limit is $1,000,000.
(4)
For a body corporate,—
(a)
subsection (5) states the limit that applies if—
(i)
the court is satisfied that the contravention occurred in the course of producing a commercial gain; and
(ii)
the commercial gain can be readily ascertained:
(b)
subsection (6) states the limit that applies if—
(i)
the court is satisfied that the contravention occurred in the course of producing a commercial gain; and
(ii)
the commercial gain cannot be readily ascertained:
(c)
subsection (7) states the limit that applies if the court is not satisfied that the contravention occurred in the course of producing a commercial gain.
(5)
For the purposes of subsection (4)(a), the limit is the greater of—
(a)
$10,000,000; and
(b)
3 times the value of the commercial gain resulting from the contravention.
(6)
For the purposes of subsection (4)(b), the limit is the greater of—
(a)
$10,000,000; and
(b)
10% of the turnover of the body corporate and all of its interconnected bodies corporate (if any) (interconnected and turnover having the meanings they have in the Commerce Act 1986).
(7)
For the purposes of subsection (4)(c), the limit is $10,000,000.
Compare: 1993 No 95 s 154J
720 Other orders instead of or in addition to pecuniary penalty order
The Environment Court may, instead of or in addition to making a pecuniary penalty order, make—
(a)
an order that the person mitigate or remedy any adverse effects, on persons, the natural environment, and natural and physical resources, that are caused by or on behalf of the person:
(b)
an order that the person mitigate or remedy any adverse effects, on persons, the natural environment, and natural and physical resources, that relate to land owned or occupied by the person:
(c)
an order that the person pay the costs of mitigating or remedying the adverse effects referred to in paragraph (a) or (b).
Compare: 1993 No 95 s 154K
721 Person not liable for fine and pecuniary penalty for same conduct
A person must not, for the same conduct,—
(a)
be convicted of an offence under this Act; and
(b)
be ordered to pay a pecuniary penalty under this Act.
Compare: 2021 No 13 s 139
Cost recovery under this Part
722 Cost recovery
(1)
An NBE regulator may require a person to pay any reasonable costs incurred by the regulator in, or incidental to, taking any action in connection with monitoring or enforcing the person’s compliance with this Act.
(2)
The costs that are recoverable under subsection (1) include (without limitation) the costs of or incidental to action taken by the NBE regulator in respect of—
(a)
any enforcement action referred to in subsection (3):
(b)
any investigation, supervision, and monitoring of the adverse effect on the environment, and the costs of any actions required to avoid, minimise, or remedy the adverse effect:
(c)
any consent and permitted activity monitoring and taking related enforcement action, including any investigations or monitoring related to that enforcement action:
(d)
a statutory notice:
(e)
an enforcement order:
(f)
an abatement notice:
(g)
a monetary benefit order made under section 660:
(h)
an enforceable undertaking under section 665:
(i)
an adverse publicity order made by a court under section 673:
(j)
a prosecution for a breach of this Act or regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150, 151(c), 151(d), 151(e), 151(f), or 151(g) but not including any other provision in the national planning framework), including reasonable legal costs:
(k)
any prescribed action.
(3)
In subsection (2)(a), enforcement action means—
(a)
an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of determining whether there is or has been—
(i)
a contravention of a provision of this Act, a rule in a plan, a rule in a proposed plan that has legal effect, a resource consent, or any regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150, 151(c), 151(d), 151(e), 151(f), or 151(g) but not including any other provision in the national planning framework); or
(ii)
a failure to comply with a requirement of a statutory notice, an enforcement order, or an abatement notice; or
(b)
an application for an enforcement order under section 641; or
(c)
an application for an interim enforcement order under section 647; or
(d)
the service of an abatement notice under section 649; or
(e)
an application for a monetary benefit order made under section 660; or
(f)
accepting an enforceable undertaking under section 665; or
(g)
an application to a court for an adverse publicity order under section 673; or
(h)
the filing of a charging document relating to an offence described in section 701; or
(i)
the issuing of an infringement notice under section 711; or
(j)
an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of an enforcement action described in paragraphs (b) to (i).
(4)
For the purposes of subsection (1), reasonable costs include the costs of investigation, supervision, and monitoring of the adverse effect on the environment, and the costs of any actions required to avoid, minimise, or remedy the adverse effect.
(5)
An NBE regulator may recover the costs in any court of competent jurisdiction as a debt due to the regulator.
(6)
A person required to pay costs under this section may appeal against the requirement to the Environment Court or the District Court, and the court may confirm, modify, or revoke the requirement to pay costs as it thinks fit.
Compare: 1991 No 69 s 42CA
Subpart 6—Provisions relating to monitoring, etc
723 NBE regulators to publish information about their functions, duties, and powers
NBE regulators must publish on an Internet site maintained by or on their behalf that is accessible to the public free of charge—
(a)
information about their functions, duties, and powers; and
(b)
a register of all their enforcement activities that result in a conviction or court order; and
(c)
all decisions to accept enforceable undertakings, including the content of each enforceable undertaking and a summary of the reasons for the decision to accept it.
724 Functions, duties, and powers of Ministry
The chief executive must ensure that the Ministry prepares and issues guidance to assist NBE regulators in the exercise of their enforcement functions, duties, and powers under this Act.
Enforcement and other powers
725 Authorisation and responsibilities of enforcement officers
(1)
A local authority may authorise any of the following persons to carry out all or any of the functions and powers as an enforcement officer under this Act:
(a)
any of its officers:
(b)
any of the officers of any other local authority, or of the Ministry for Primary Industries, or the Department of Conservation, or Maritime New Zealand, subject to such terms and conditions as to payment of salary and expenses and as to appointment of their duties as may be agreed upon between the relevant authorities.
(2)
A local authority may authorise any of the followings persons to exercise or carry out all or any of the functions and powers of an enforcement officer under sections 656 and 657 (which relate to excessive noise):
(a)
the holder of a licence as a property guard issued under section 34 of the Private Security Personnel and Private Investigators Act 2010:
(b)
a person who is employed by a person authorised under paragraph (a) and who is—
(i)
the holder of a certificate of approval issued under section 40 of that Act; or
(ii)
a person in respect of whom permission granted under section 37 of that Act is in force.
(3)
The Minister of Conservation may authorise any officers of the Department of Conservation or of a local authority to exercise and carry out the functions and powers of an enforcement officer under this Act in relation to—
(a)
compliance with a resource consent issued by that Minister under section 55:
(b)
the coastal marine areas of the Kermadec Islands, the Snares Islands, the Bounty Islands, the Antipodes Islands, the Auckland Islands, Campbell Island, and the islands adjacent to Campbell Island.
(4)
Any authorisation under subsection (3) to an officer of a local authority is subject to such terms and conditions as to payment of salary and expenses, and as to appointment of their duties, as may be agreed between the Minister and the local authority.
(5)
The local authority or Minister must supply every enforcement officer authorised under this section with a warrant, and that warrant must clearly state the functions and powers that the person concerned has been authorised to exercise and carry out under this Act.
(6)
Every enforcement officer authorised under this section who exercises or purports to exercise any power conferred on the person by this Act must have with them, and produce if required to do so, their warrant and evidence of their identity.
(7)
Every enforcement officer who holds a warrant issued under this section must, on the termination of their appointment as such, surrender the warrant to the local authority or Minister, as the case may be.
Compare: 1991 No 69 s 38
726 Duty to give certain information
(1)
This section applies if an enforcement officer has reasonable grounds to believe that a person (person A) is breaching, or has breached, an obligation under or provision of this Act or the regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150, 151(c), 151(d), 151(e), 151(f), or 151(g) but not including any other provision in the national planning framework).
(2)
The enforcement officer may direct person A to give—
(a)
their full name, address, and date of birth (if that person is a natural person); or
(b)
their full name and address (if that person is not a natural person).
(3)
If person A is breaching, or has breached, the obligation or provision on behalf of another person (person B), the enforcement officer may also direct person A to give the officer the following information about person B:
(a)
their full name, address, and date of birth (if that person is a natural person); or
(b)
their full name and address (if that person is not a natural person).
(4)
In the situation described in subsection (3), the enforcement officer may also direct person B give the officer the following information about person A:
(a)
their full name, address, and date of birth (if that person is a natural person); or
(b)
their full name and address (if that person is not a natural person).
Powers of entry and search
727 Power of entry for inspection
(1)
Any enforcement officer, specifically authorised in writing by an NBE regulator to do so, may at all reasonable times go on, into, under, or over any place or structure, except a dwelling house or marae, for the purpose of inspection to determine whether—
(a)
this Act, any regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150, 151(c), 151(d), 151(e), 151(f), or 151(g) but not including any other provision in the national planning framework), a rule of a plan, a resource consent, section 30 (certain existing uses protected), section 32 (certain existing activities allowed), or section 34 (certain existing lawful activities allowed) is being complied with; or
(b)
an enforcement order, interim enforcement order, abatement notice, or water shortage direction is being complied with; or
(c)
any person is contravening a rule in a proposed plan in a manner prohibited by any of sections 21, 23(4), 25(1), and 26.
(2)
For the purposes of subsection (1), an enforcement officer may take samples of water, air, soil, or organic matter.
(3)
If a sample is taken under subsection (2), an enforcement officer may also take a sample of any substance that the enforcement officer has reasonable cause to suspect is a contaminant of any water, air, soil, or organic matter.
(4)
Every enforcement officer who exercises any power of entry under this section must produce for inspection their warrant of appointment and written authorisation upon initial entry and in response to any later reasonable request.
(5)
If the owner or occupier of a place subject to inspection is not present at the time of the inspection, the enforcement officer must leave, in a prominent position at the place or attached to the structure, a written notice showing the date and time of the inspection and the name of the officer carrying out the inspection.
(6)
An enforcement officer may not enter land without the permission of the landowner if permission to enter the land is required by any other Act.
(7)
An enforcement officer exercising any power under this section may use any assistance that is reasonably necessary.
Compare: 1991 No 69 s 332
728 Power of entry for survey
(1)
For the purposes of this Act, any enforcement officer specifically authorised in writing by any local authority or consent authority to do so may do all or any of the following:
(a)
carry out surveys, investigations, tests, or measurements:
(b)
take samples of any water, air, soil, or vegetation:
(c)
enter or re-enter land (except a dwelling house or marae).
(2)
The powers conferred by subsection (1) are exercisable at any reasonable time, with or without such assistance (including expert or technical assistance on the matter concerned), vehicles, appliances, machinery, and equipment as is reasonably necessary for that purpose.
(3)
Reasonable written notice must be given to the occupier of land to be entered under subsection (1)—
(a)
that entry on to the land is authorised under this section:
(b)
of the purpose for which entry is required:
(c)
of how and when entry is to be made.
(4)
Every enforcement officer who exercises any power of entry under this section must produce for inspection their warrant of appointment and written authorisation upon initial entry and in response to any later reasonable request.
Compare: 1991 No 69 s 333
729 Application for warrant for entry for search
An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided in subpart 3 of Part 4 of that Act, may issue a warrant authorising the entry and search of any place or vehicle if satisfied that there is reasonable ground for believing that there is in, on, under, or over any place or vehicle anything—
(a)
in respect of which an offence has been or is suspected of having been committed against this Act or regulations made under this Act that is punishable by imprisonment; or
(b)
that there is reasonable ground to believe will be evidence of an offence against this Act or regulations that is punishable by imprisonment; or
(c)
anything that there is reasonable ground to believe is intended to be used for the purpose of committing an offence against this Act or regulations that is punishable by imprisonment.
Compare: 1991 No 69 s 334(1)
730 Application of Search and Surveillance Act 2012
(1)
The provisions of Part 4 of the Search and Surveillance Act 2012 apply for the purposes of section 729.
(2)
Despite subsection (1), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.
Compare: 1991 No 69 s 334(2), (3)
731 Direction and execution of warrant for entry for search
Every warrant under section 729 must be directed to and executed by—
(a)
any specified constable; or
(b)
any specified enforcement officer when accompanied by a constable; or
(c)
generally, every constable; or
(d)
generally, every enforcement officer when accompanied by a constable.
Compare: 1991 No 69 s 335
Subpart 7—Enforcement functions of EPA
732 Interpretation
(1)
In this Part,—
enforcement action means—
(a)
an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of determining whether there is or has been—
(i)
a contravention of a provision of this Act, a rule in a plan, a rule in a proposed plan that has legal effect, a resource consent or any regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150, 151(c), 151(d), 151(e), 151(f), or 151(g) but not including any other provision in the national planning framework); or
(ii)
a failure to comply with a requirement of an enforcement order or abatement notice; or
(b)
an application for an enforcement order under section 643; or
(c)
an application for an interim enforcement order under section 647; or
(d)
the service of an abatement notice under section 649; or
(e)
the filing of a charging document relating to an offence described in section 701; or
(f)
the issuing of an infringement notice under section 711; or
(g)
an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of an enforcement action described in paragraphs (b) to (f)
enforcement function means a function of the EPA described in section 733
incident means an occurrence that may, directly or indirectly, be linked to—
(a)
a contravention or possible contravention of a provision of this Act, a rule in a plan, a resource consent, or any regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150, 151(c), 151(d), 151(e), 151(f), or 151(g) but not including any other provision in the national planning framework); or
(b)
a failure or possible failure to comply with a requirement of an enforcement order or an abatement notice
subsequent action—
(a)
means a prosecution, proceeding, application, or other activity that the EPA or a local authority may carry out under this Act in relation to an enforcement action that has been executed; and
(b)
includes an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of an activity described in paragraph (a).
(2)
In paragraph (a) of the definition of enforcement action in subsection (1), other activity includes (without limitation) an application for a declaration under section 638.
(3)
In this Part, an enforcement action is executed when, as the case may be, the application for the enforcement order or interim order is made, the abatement notice is served, the charge is laid, or the infringement notice is issued.
Compare: 1991 No 69 s 343E
733 Enforcement functions of EPA
The EPA may perform any of the following enforcement functions if satisfied that the performance of the function is necessary or desirable to promote the purpose of this Act:
(a)
the EPA may take an enforcement action and any subsequent action in relation to an incident if the local authority has not commenced taking any enforcement action in relation to the same incident:
(b)
the EPA may, with the agreement of a local authority, assist the local authority with an enforcement action in relation to an incident and any subsequent action:
(c)
the EPA may intervene in an enforcement action of a local authority in relation to an incident by taking over the enforcement action and taking any subsequent action:
(d)
the EPA may take enforcement action against a regional council in relation to an alleged breach of this Act by the council.
Compare: 1991 No 69 s 343F
734 Intervention by EPA
(1)
If the EPA intervenes in an enforcement action of a local authority in relation to an incident,—
(a)
the EPA must notify the chief executive of the local authority in writing of the incident to which the intervention relates and the date on which the intervention takes effect; and
(b)
the local authority must,—
(i)
on receipt of the notice, cease any enforcement action in relation to the incident, except for an enforcement action described in paragraph (a) or (g) of the definition of enforcement action in section 732(1); and
(ii)
from the date specified in the notice, cease all enforcement action in relation to the incident; and
(c)
the EPA takes over all enforcement action in relation to the incident from the date specified in the notice; and
(d)
only the EPA may take any enforcement action or subsequent action in relation to the incident unless subsection (3) applies.
(2)
When intervening in an enforcement action of a local authority, the EPA must not intervene in relation to an enforcement action that the local authority has already executed in respect of a person.
(3)
If the EPA decides to cease its intervention,—
(a)
it must notify the chief executive of the local authority in writing of its decision and the date on which it takes effect; and
(b)
it must specify in the notice the date on which the intervention will cease; and
(c)
the local authority may, from the date referred to in paragraph (b),—
(i)
take an enforcement action or subsequent action in relation to the incident; or
(ii)
resume any enforcement action that it had commenced before the intervention.
(4)
To avoid doubt, subsection (2) does not prevent the EPA from taking an enforcement action in relation to another incident in respect of the same person.
Compare: 1991 No 69 s 343G
735 EPA may change enforcement functions
(1)
The EPA may change its enforcement function in relation to an incident to another function described in section 733 if the EPA considers that the circumstances require it.
(2)
If the EPA decides to change to an intervention function described in section 733(c), it must include its reasons for the change in the notice required under section 734(1).
Compare: 1991 No 69 s 343H
736 EPA enforcement officers
(1)
The EPA may authorise a person described in subsection (2) to be an enforcement officer for the purpose of carrying out its enforcement functions under this Act.
(2)
A person may be authorised as an enforcement officer if the person—
(a)
has appropriate experience, technical competence, and qualifications relevant to the area of responsibilities proposed to be allocated to the person; or
(b)
is an employee of the EPA who is suitably qualified and trained.
(3)
The EPA must supply each enforcement officer with a warrant that—
(a)
states the full name of the person; and
(b)
includes a summary of the powers conferred on the person under this Act.
(4)
An enforcement officer may exercise the powers under this Act, in accordance with their warrant, only for the purposes for which they were appointed.
(5)
An enforcement officer exercising a power under this Act must have with them, and must produce if required to do so, their warrant and evidence of their identity.
(6)
An enforcement officer who holds a warrant issued under this section must, on the termination of the officer’s appointment, surrender the warrant to the EPA.
Compare: 1991 No 69 s 343I
737 EPA may require information from local authority
(1)
The EPA may require a local authority to provide information that the EPA requires for taking an enforcement action in relation to an incident.
(2)
The EPA must notify the chief executive of the local authority in writing and specify the incident for which information is required.
(3)
A local authority must provide the required information to the EPA as soon as is reasonably practicable, but no later than 10 working days after the chief executive is notified.
Compare: 1991 No 69 s 343J
738 Additional reporting requirements
(1)
The annual report of the EPA under section 150 of the Crown Entities Act 2004 must include information about the performance of the EPA’s enforcement functions, including the number and type of enforcement actions executed by the EPA.
(2)
The EPA is not required to provide information under subsection (1) that would prejudice the maintenance of law, including the prevention, investigation, or detection of offences, or the right to a fair trial.
Compare: 1991 No 69 s 343K
739 Order for payment of EPA’s costs in bringing a prosecution
(1)
On the application of the EPA, the court may order a person convicted of an offence under this Act to pay to the EPA a sum that the court thinks just and reasonable towards the costs of the prosecution (including the costs of investigating the offence and any associated costs).
(2)
If the court makes an order under subsection (1), it must not make an order under section 4 of the Costs in Criminal Cases Act 1967.
(3)
If the court makes an order under subsection (1) in respect of a Crown organisation, any costs and fees awarded must be paid from the funds of that organisation.
Compare: 1991 No 69 s 343L
Part 12 General provisions
Environment Court
740 Provisions relating to Environment Court
Schedule 13 applies in relation to the Environment Court and its proceedings.
Application of Act to courts performing relevant judicial functions
741 Application of certain provisions of this Act to courts
(1)
To avoid doubt, references in sections 5 and 8 to 10 to all persons exercising powers and performing functions and duties under this Act do not include a court.
(2)
However, before a court exercises a power, function, or duty under this Act of a kind that may be exercised by a person other than a court, the court must be satisfied that sections 5 and 8 to 10 have, where relevant, been complied with.
(3)
In this section, court includes, where relevant, a person exercising a judicial power or performing a judicial function or duty.
Service of documents
742 Service of documents
(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; 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 801.
(2)
Subsection (1) does not—
(a)
apply if a court, whether expressly or in its rules or practices, requires a different method of service; or
(b)
override the Electronic Courts and Tribunals Act 2016.
(3)
If a notice or other document is to be served on a Minister of the Crown for the purposes of this Act, service on the chief executive of the appropriate department of the public service in accordance with subsection (1) is to be treated as service on the Minister.
(4)
If a notice or other document is to be served on a body (whether incorporated or not) for the purposes of this Act, service on an officer of the body, or on the registered office of the body, in accordance with subsection (1) is to be treated as service on the body.
(5)
If a notice or other document is to be served on a partnership for the purposes of this Act, service on any one of the partners in accordance with subsections (1) and (4) is to be treated as service on the partnership.
(6)
However, in relation to any partnership that is a firm under the Partnership Law Act 2019, section 30 of that Act applies in relation to service of notices under this section.
(7)
Despite subsection (1), if a notice or other document is to be served on a Crown organisation for the purposes of this Act, it may be served—
(a)
by delivering it at the organisation’s head office or principal place of business; or
(b)
by sending it to the electronic address that the organisation has specified for its head office or principal place of business; or
(c)
by a method agreed between the organisation and the person serving the notice or document.
(8)
If a notice or other document is sent by post to a person in accordance with this section, it is to be treated, in the absence of proof to the contrary, as having been received by the person at the time when the letter would have been delivered in the ordinary course of the post.
743 Mode of service of summons on master or owner of ship
(1)
If the master or owner of a ship is a defendant in a prosecution for an offence against section 701 for contravening section 27, 28, or 29, service on the defendant of a summons or other document is effected for the purposes of the Criminal Procedure Act 2011—
(a)
if it is delivered personally to the agent of the ship on behalf of the defendant or is brought to the notice of the agent if the agent refuses to accept it on behalf of the defendant; or
(b)
if it is sent to the agent of the ship by registered letter addressed to that agent on behalf of the defendant at the agent’s last known or usual place of residence or the agent’s place of business.
(2)
Subsection (1) applies despite any other enactment.
(3)
However, a District Court Judge or Justice or Community Magistrate or the Registrar may direct that the summons or other document be served on the defendant in accordance with rules made under the Criminal Procedure Act 2011, where they are satisfied that it would not be impracticable to do so in the particular circumstances.
(4)
Unless the contrary is shown, the time at which service is treated as having been effected on the defendant is,—
(a)
for service effected in accordance with subsection (1)(a), the time when the summons or other document is personally delivered to the agent of the ship or brought to that agent’s attention, as the case may be; or
(b)
for service effected in accordance with subsection (1)(b), the time when the letter would have been delivered to the agent of the ship in the ordinary course of post.
(5)
In this section,—
District Court Judge means a District Court Judge appointed under the District Court Act 2016
Justice has the same meaning as in section 2 of the Justices of the Peace Act 1957
Registrar has the same meaning as in section 5 of the Criminal Procedure Act 2011.
Compare: 1991 No 69 s 352A
744 Notices and consents in relation to Māori land
Part 10 of Te Ture Whenua Maori Act 1993 applies to the service of notices under this Act on owners of Māori land, except that in no case may the period fixed for anything to be done by the owners be extended by more than 20 working days under section 181(4) of that Act, unless otherwise provided by the local authority or the EPA.
Compare: 1991 No 69 s 353
745 Availability of documents by electronic and other means
(1)
In this section, document includes the following if they are required to be made available for inspection to the public, a class of members of the public, a person, or a class of persons, whether free of charge or at a reasonable cost:
(a)
information of any kind; and
(b)
public notices of any kind; and
(c)
reports and evidence of any kind; and
(d)
policy statements and plans of any kind, together with any changes or variations of those documents.
(2)
This section applies if a document must be made available to the public, for inspection in physical form by members of the public, a class of members of the public, or a person or class of persons, at a specified place such as council offices or a library.
(3)
The requirement described in subsection (1) is met if the person responsible for making the document available—
(a)
makes it available in electronic form free of charge on an Internet site; and
(b)
provides advice on how the document may be obtained or accessed.
(4)
The person responsible for making a document available may also—
(a)
make it available in physical form for inspection; and
(b)
upon request, make a physical copy of the document available at a reasonable cost.
Compare: 1991 No 69 s 2AC
Existing rights
746 Crown’s existing rights to resources to continue
(1)
This section applies to the rights, interests, and titles to any land or water acquired, accrued, or established by, or vested in, the Crown that were continued by section 354 of the Resource Management Act 1991.
(2)
Those rights, interests, and titles are continued in effect on the same terms by this section.
(3)
Any person may take, use, dam, or divert, or discharge into, any water in which the Crown has an interest, without obtaining the consent of the Crown, if the taking, use, damming, diversion, or discharge by that person does not contravene this Act or regulations made under a relevant empowering provision in this Act (including a framework rule or a provision made under section 150, 151(c), 151(d), 151(e), 151(f), or 151(g) but not including any other provision in the national planning framework).
(4)
Any person may use or occupy any part of the common marine and coastal area without obtaining consent, unless consent must be obtained under—
(a)
this Act; or
(b)
any other enactment; or
(c)
any instrument or order made under an enactment.
Compare: 1991 No 69 s 354
747 Vesting of reclaimed land
(1)
Any person may apply to the Minister for Land Information for any right, title, or interest in any land to be vested in that person, if the land—
(a)
forms part of a riverbed or lakebed that is land of the Crown; and
(b)
has been reclaimed or is proposed to be reclaimed.
(2)
The Minister for Land Information may, if they think fit, by notice in the Gazette, vest in the applicant any right, title, or interest in any area of reclaimed land that forms part of a riverbed or lakebed that is not within the coastal marine area and that is land of the Crown after—
(a)
determining an appropriate price (if any) to be paid by the applicant; and
(b)
ensuring that the consent authority has issued a certificate under section 605.
(3)
Every Gazette notice published under subsection (2) must—
(a)
state the name of the person or local authority in whom or which the right, title, or interest is vested, and accurately describe the position and extent of the reclaimed land; and
(b)
describe the right, title, or interest vested; and
(c)
refer to any encumbrances or restrictions imposed on the applicant’s right, title, or interest in the land; and
(d)
be sent by the relevant Minister to the Registrar-General of Land, with a request that a record of title be issued accordingly; and
(e)
be registered, without fee, by the Registrar-General of Land as soon as practicable after receipt from the Minister.
(4)
The Registrar-General of Land must, in accordance with a request made under subsection (3)(d), issue an appropriate record of title in respect of the right, title, or interest in the land vested by the Gazette notice.
(5)
For the purposes of this section, references to land that forms part of a riverbed or lakebed include land that was part of that bed before it was reclaimed.
Compare: 1991 No 69 s 355
748 Application for consent to unlawful reclamation
(1)
If land has at any time (whether before or after the commencement of this Act) been reclaimed from the coastal marine area unlawfully, any person may apply under section 239 to the relevant consent authority for, and the consent authority may grant to that person, a coastal permit consenting to that reclamation, as if the land were still situated within the coastal marine area.
(2)
The provisions of Part 6 apply in respect of any application made under subsection (1).
Compare: 1991 No 69 s 355A
749 Enforcement powers against unlawful reclamations
(1)
If, since the commencement of this Act, any land has been unlawfully reclaimed from the coastal marine area, the powers of the Minister of Conservation, a regional council, and the EPA under Part 11 apply to that reclaimed land as if the land were still situated within the coastal marine area.
(2)
If any land has been unlawfully reclaimed from the coastal marine area before the commencement of this Act, the Minister of Conservation, a regional council, or the EPA may seek an enforcement order against the person who reclaimed the land, or the occupier of the reclaimed land, requiring that person to take any action that, in the opinion of the Environment Court, is necessary in order to avoid, minimise, or remedy any actual or likely adverse effect on the environment caused by the carrying out of the reclamation or by the reclaimed land, and, in that case, Part 11 applies with all necessary modifications.
(3)
Whether or not an enforcement order has been sought or granted under subsection (2), the Minister of Conservation, a regional council, and the EPA, either jointly or severally, may take any necessary action to remove the unlawfully reclaimed land from the coastal marine area.
(4)
To avoid doubt, any action taken under subsection (3) to remove any reclaimed land requires a resource consent unless expressly allowed by a plan rule or proposed plan.
Compare: 1991 No 69 s 355B
Protection of rights or interests in freshwater and geothermal resources
750 Rights or interests in freshwater and geothermal resources preserved
Purpose
(1)
The purpose of this section is to achieve both of the following outcomes:
(a)
any rights or interests in freshwater or geothermal resources are preserved, consistent with assurances given by the Crown to the High Court in 2012, and recorded in New Zealand Māori Council v Attorney-General [2013] NZSC 6, [2013] 3 NZLR 31 at [145]:
(b)
this Act, and duties, functions, and powers under this Act, operate effectively.
Act does not create, transfer, extinguish, or determine rights or interests
(2)
This Act, and legislation made under it, does not—
(a)
create or transfer any proprietary right or interest in freshwater or geothermal resources:
(b)
extinguish or determine any customary right or interest (for example, one founded on, or arising from, aboriginal title or customary law) that may exist in freshwater or geothermal resources.
Nothing in section affects duties, functions, and powers under Act
(3)
Nothing in this section affects, or affects the lawfulness or validity of the performance or exercise by any person of, any duty, function, or power under this Act.
Compare: 2010 No 24 s 90(1)(a); 2014 No 74 s 15(5)(a); 2017 No 7 s 46(1), (2)(b)
Arbitration
751 Matters may be determined by arbitration
(1)
Two or more persons may apply to the Environment Court for an order authorising a matter to be determined by arbitration, under the Arbitration Act 1996, on any terms and conditions that the court considers appropriate, if—
(a)
those persons are unable to agree about any matter in respect of which any of those persons has a right of appeal under this Act; and
(b)
every person who has that right of appeal agrees to the application being made.
(2)
However, no person may apply to the Environment Court for an order under subsection (1) in relation to any of the following matters:
(a)
any matter relating to a requirement, designation, or heritage protection order:
(b)
the strategic content of a plan or any matter that relates to the coastal marine area.
(3)
If an order under subsection (1) is made, no person may, in relation to the matter to which the order relates, lodge or proceed with any appeal without the leave of the court.
(4)
Subject to the terms of any order made under subsection (1), the arbitrator has the same powers, duties, and discretions in respect of any decision to which the order relates as the consent authority who made that decision, and may, in their award, confirm, amend, or cancel the decision accordingly.
(5)
Except as otherwise expressly provided, nothing in this section limits the right of any persons to refer to arbitration any disputed matter arising under this Act.
Compare: 1991 No 69 s 356
Obligations relating to gathering and sharing information
752 Duty to gather information and keep records
(1)
Every local authority must—
(a)
gather the information, and undertake or commission research, as necessary to enable the local authority to carry out its functions effectively under this Act; and
(b)
keep the information described in subsection (2), to the extent that it relates to the region or district of the authority, reasonably available to the public at its principal office and, where possible, available free of charge on an Internet site.
(2)
Subsection (1) requires information relevant to the administration of—
(a)
the national planning framework; and
(b)
operative and proposed plans; and
(c)
the monitoring of resource consents; and
(d)
the current resource management issues of the area relating to a function of a local authority and any matters for which local authorities are responsible under this Act.
(3)
The purpose of the requirement under subsection (1) is to enable the public—
(a)
to exercise their right to access the information; and
(b)
to be better informed of their duties and of the functions, powers, and duties of the local authority; and
(c)
to participate effectively under this Act.
(4)
In particular, local authorities must keep information that includes—
(a)
copies of the operative and any proposed plan, and any national planning framework proposals; and
(b)
copies of requirements for designations and heritage protection orders; and
(c)
copies of material incorporated in plans or proposed plans by reference under this Act; and
(d)
submissions made by the local authority on plans not yet operative; and
(e)
in the case of a regional council, copies of any Order in Council served on the council under section 499(a); and
(f)
records of all applications for resource consents, certificates of compliance, existing use certificates, and permitted action notices received by the local authority and decisions on those applications; and
(g)
records of all decisions made in relation to waivers, extension of time, and notification; and
(h)
records of the transfer of any resource consents; and
(i)
a summary of all written complaints received by the local authority within the previous 5 years relating to alleged breaches of this Act, the national planning framework, or a plan, and information on how each complaint was dealt with; and
(j)
records of all natural hazards, to the extent that the local authority thinks appropriate for the effective discharge of its functions; and
(k)
in the case of a territorial authority, the location and area of all esplanade reserves, esplanade strips, and in the district; and
(l)
in the case of a regional council (including the Chatham Islands Council), records of every protected customary rights order or agreement relating to a part of the common marine and coastal area within its region; and
(m)
any other information gathered under subsection (1).
Compare: 1991 No 69 s 35(1), (3), (4), (5)
753 Regional councils must share records of protected customary rights with regional planning committee
A regional council must, in accordance with regulations made under section 801 and at the request of the regional planning committee, share records of protected customary rights within its region with the regional planning committee.
754 Local authority Māori participation policies
(1)
Each local authority must develop a policy relating to Māori participation in the functions, duties, and powers exercised by the local authority under this Act and under the Spatial Planning Act 2023 (a local authority Māori participation policy).
(2)
A local authority Māori participation policy must be developed in collaboration with iwi authorities, groups that represent hapū, and Māori groups with interests in their region or district.
(3)
A local authority Māori participation policy must include—
(a)
the priorities of Māori within the relevant area to participate in the exercise of the functions, duties, and powers exercised by the local authority, as provided to the local authority by iwi authorities and groups that represent hapū; and
(b)
how the local authority will work with Māori on each of the priority areas; and
(c)
a budget for the reasonable costs for iwi, hapū, and Māori groups with interests in the region or district to participate in the priority roles and activities included in the participation policy, taking into account the timeliness, adequacy, and spread of funding amongst the groups, within the constraints of available funding; and
(d)
any other matters that, by agreement of the council, iwi, hapū, and Māori groups with interests in the region or district are considered necessary.
(4)
A local authority Māori participation policy must be consistent with any applicable Mana Whakahono ā Rohe entered into by the local authority.
755 Duty to keep records relating to iwi, hapū, and Māori groups
(1)
For the purposes of this Act and regulations made under this Act, each local authority must keep and maintain the following records for the iwi authorities, groups that represent hapū, and Māori groups with interests in their region or district:
(a)
the contact details for each of them; and
(b)
the engagement undertaken with them; and
(c)
the planning documents that are recognised by them and lodged with the local authority; and
(d)
any area of the region or district over which 1 or more iwi or hapū exercise kaitiakitanga; and
(e)
any Mana Whakahono ā Rohe applying within the region or district entered into under subpart 6 of Part 3.
(2)
For the purposes of subsection (1)(a) and (d), the Crown must maintain and provide to each local authority information (including updated information) on—
(a)
the iwi authorities in the region or district of that local authority and the area over which 1 or more iwi authorities exercise kaitiakitanga within that region or district; and
(b)
any groups that represent hapū for the purposes of this Act or regulations within the region or district of the local authority and the area over which the hapū exercise kaitiakitanga; and
(c)
the Māori groups with interests in their region or district for the purposes of this Act or the regulations; and
(d)
the matters referred to in paragraphs (a), (b), and (c) that the local authority has advised to the Crown.
(3)
The Minister must ensure that the information kept under subsection (2) is published in the Gazette.
(4)
Local authorities must—
(a)
include in their records all the information provided to them by the Crown; and
(b)
share with the Crown the information maintained under subsection (1).
(5)
A local authority may also keep a record of information relevant to its region or district—
(a)
on the iwi of that region or district, as provided directly to the local authority by the iwi; and
(b)
on the hapū of that region or district, as provided directly to the local authority by the group representing the hapū for the purposes of this Act; and
(c)
on the Māori groups with interests who hold resource management interests in that region, as directly provided to the local authority by those Māori groups.
(6)
If information recorded under subsection (1) conflicts with a provision of another enactment, advice given under the other enactment, or a determination made under the other enactment, as the case may be,—
(a)
the provision of the other enactment prevails; or
(b)
the advice given under the other enactment prevails; or
(c)
the determination made under the other enactment prevails.
(7)
Information kept and maintained under this section must be provided in accordance with any prescribed requirements.
Compare: 1991 No 69 s 35A
756 Purpose of records
(1)
Subject to section 755(7), the records kept and maintained under section 755 must be made available, on request, including to a relevant regional planning committee and the Local Government Commission.
(2)
The records referred to in subsection (1) are intended to support local authorities and those who need to operate within this Act and the Spatial Planning Act 2023, including local authorities, private persons, and representative groups.
(3)
However, the records are not intended to determine, presume, or imply the mana whenua status of any person or group or that any group has a mandate to represent any iwi, hapū, or Māori group with interests.
(4)
Information kept and maintained under section 755 may be used by the local authority only for the purposes of this Act.
(5)
Local authorities and others who are required under this Act or the Spatial Planning Act 2023 to contact any iwi authority, group that represents hapū, or Māori group with interests must be treated as having satisfied the requirement if they have used their best endeavours to contact the entity or group listed on the central record maintained under section 755(2) in relation to the relevant region, district, or other area as at the date on which the information is relied on.
How administrative charges to be set
757 Administrative charges and additional charges
Administrative charges
(1)
A local authority must fix fees or charges (administrative charges) payable in respect of the following functions performed under this Act:
(a)
receiving, processing, and granting any certificate, authority, approval, permit, or consent:
(b)
carrying out any inspection, monitoring (other than monitoring referred to in section 722), supervision, or administration:
(c)
issuing permitted activity notices under section 362:
(d)
processing notices of requirement and construction implementation plans:
(e)
processing objections under section 766(1):
(f)
the hearing of objections by commissioners under sections 481 and 766(1):
(g)
the functions undertaken by a regional council under section 393:
(h)
granting authorisations under Part 6:
(i)
supplying documents:
(j)
any other function that the local authority is required to perform.
(2)
In the case of private plan changes under Part 2 of Schedule 6,—
(a)
local authorities must fix fees or charges in respect of their functions relating to processing private plan change requests; and
(b)
regional planning committees must fix fees or charges in respect of processing private plan change requests that have been accepted.
(3)
Administrative charges are payable by—
(a)
a person applying for the certificate, authority, approval, permit, or consent:
(b)
a submitter who makes a request to the local authority in relation to an application for a certificate, authority, approval, permit, or consent:
(c)
a holder of a consent that is reviewed:
(d)
a freshwater farm operator in respect of whom functions are performed:
(e)
an objector, if the objection is to be considered by a hearings commissioner under section 766(1):
(f)
a person carrying out the activity to which the inspection, monitoring, or other function relates:
(g)
a person who requests a document or information about a plan, certificate, authority, approval, permit, or consent:
(h)
any other person in respect of whom the function is performed.
(4)
Administrative charges must be either specific amounts or determined by reference to scales of charges or other formulas fixed by the local authority or regional planning committee.
(5)
Administrative charges may be fixed under this section only—
(a)
in the manner set out in section 150 of the Local Government Act 2002; and
(b)
after using the special consultative procedure set out in section 83 of the Local Government Act 2002; and
(c)
in accordance with section 758.
(6)
A local authority must fix an administrative charge if required to do so by regulations made under section 797.
Additional charges
(7)
Except where regulations are made under section 797, if a charge fixed under this section is, in any particular case, inadequate to enable a local authority or regional planning committee to recover its actual and reasonable costs in respect of the matter concerned, the local authority or committee may require the person who is liable to pay the charge to also pay an additional amount (an additional charge) to the local authority.
(8)
A local authority or regional planning committee must, on request by any person liable to pay a charge under this section, provide an estimate of any additional charge likely to be imposed.
(9)
Sections 764 to 771 (which deal with rights of objection and appeal against certain decisions) apply in respect of the requirement by a local authority or regional planning committee to pay an additional charge.
Compare: 1991 No 69 s 36
758 Criteria for fixing administrative charges
(1)
The sole purpose of a charge is to recover the actual and reasonable costs incurred by the local authority or regional planning committee in respect of the activity to which the charge relates.
(2)
The local authority or regional planning committee may fix different charges for different costs it incurs in the performance of its various functions, powers, and duties under this Act—
(a)
in relation to different areas or different classes of applicant, consent holder, requiring authority, or heritage protection authority; or
(b)
where any activity undertaken by the persons liable to pay any charge reduces the cost to the local authority or regional planning committee of carrying out any of its functions, powers, and duties.
Compare: 1991 No 69 s 36AAA
759 Other matters relating to administrative charges
(1)
A local authority or regional planning committee may, in any particular case, remit the whole or any part of an administrative charge or additional charge that would otherwise be payable if—
(a)
it is administratively inefficient to allocate and recover costs from users; or
(b)
charging full cost may lead to an activity being undertaken at a scale that would undermine achievement of plan outcomes or not being undertaken; or
(c)
charging may provide an incentive for non-compliance.
(2)
The local authority or regional planning committee need not perform an action for which the charge is payable until the charge has been paid to it in full.
(3)
However, subsection (2) does not apply to a charge relating to independent hearings commissioners requested by submitters or reviews required by a court order.
(4)
A local authority or regional planning committee must publish and maintain, on an Internet site to which the public has free access, an up-to-date list of administrative charges.
Compare: 1991 No 69 s 36AAB
760 Local authority policy on discounting administrative charges
(1)
A local authority or regional planning committee must adopt a policy for discounting administrative charges.
(2)
A local authority must adopt a policy in accordance with the special consultative procedure set out in section 83 of the Local Government Act 2002 that provides for discounts—
(a)
when local authorities are responsible for applications for a resource consent and do not process an application within the time frame required under this Act:
(b)
for applications to change or cancel conditions under section 334 and do not process an application within the time frame required under this Act:
(c)
for applications made under an allocation rule that has been included in a plan under section 446, and processing certificates of compliance, existing use certificates, and permitted activity notices.
(3)
The policy must specify—
(a)
the discount, or the method for determining the discount, that would be given for any application fees or charges paid or owing; and
(b)
the procedure an applicant must follow to obtain the discount.
(4)
The policy is subject to any regulations under section 797 relating to discounting administrative charges.
Compare: 1991 No 69 s 36AA
761 Money obtained through market-based allocation method
Any money that is obtained through the use of a market-based allocation method to determine the allocation of a right to apply for a resource consent—
(a)
may be collected by a local authority; but
(b)
must be spent by a local authority only in accordance with regulations made under section 763.
762 How money collected from market-based allocation methods must be applied
(1)
Money that is collected under section 761 must be applied to meet the costs of any 1 or more of the following, subject to any requirements in regulations made under section 763:
(a)
restoration of ecosystems:
(b)
improving resilience to the effects of climate change or natural hazard events:
(c)
reducing the environmental impact of the use of resources:
(d)
improving public amenities relating to resources:
(e)
managing resources:
(f)
increasing the capability and capacity of Māori, iwi and hapū, and local government:
(g)
providing solutions (including research and development) to—
(i)
manage increased demand for resources; and
(ii)
enable more equitable and efficient use of resources:
(h)
addressing Māori rights and interests.
(2)
In this section, resources is not limited to resources specified in section 194.
763 Regulations relating to market-based allocation method
(1)
The Governor-General may, by Order in Council, make regulations relating to—
(a)
the use of market-based allocation method under the national planning framework or a plan; and
(b)
the collection and spending of money from their use.
(2)
The regulations may—
(a)
state the proportion of the money for which—
(i)
the Secretary for the Environment is responsible for administering; and
(ii)
the regional councils are responsible for administering; and
(iii)
unitary authorities are responsible for administering; and
(b)
require regional councils and unitary authorities to pay all or part of the money to the Crown; and
(c)
provide criteria or procedures that apply to how the money is to be used for the purposes specified in section 762, including—
(i)
providing for the involvement of iwi and hapū in decision making about the use of the money; and
(ii)
specifying the proportion of the money to be returned to regional councils and unitary authorities to be used for a purpose specified in section 762; and
(d)
impose requirements (including any requirements as to payment) that apply to those who use or participate in a market-based allocation method under the national planning framework or a plan; and
(e)
require rebates of payments in specified circumstances; and
(f)
prescribe interest on any amount for which interest is required to be paid.
(3)
In this section, money—
(a)
means money collected from the use of a market-based allocation method that is required or permitted under the national planning framework or required under a plan; and
(b)
includes money that is collected through the imposition of interest by regulations made under this section.
(4)
Regulations made under this section 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. | ||||
Rights of objection
764 Rights of objection against certain decisions
Rights of objection conferred by this Act are listed in the following table:
| Provision conferring right | Decision subject to objection | Who hears objection | ||
|---|---|---|---|---|
| Section 31(2) | Territorial authority declines application for extension of existing use | Territorial authority | ||
| Clause 90 of Schedule 6 | Authority strikes out person’s submission | Authority conducting hearing on matter described in clause 78 | ||
| Section 240(1) | Consent authority decides person’s application incomplete | Consent authority | ||
| Section 244(2) or 247(2) | Consent authority returns person’s application | Consent authority | ||
| Section 276(8) | Board of inquiry exercising powers of consent authority declines to process or consider person’s application or submission | Board of inquiry | ||
| Section 357 | EPA declines person’s request for certificate of compliance | EPA | ||
| Section 537(4) | Regional planning committee declines requiring authority’s notice to remove part of designation | Regional planning committee | ||
| Section 538 | Regional planning committee declines requiring authority’s application to fix longer period for designation | Regional planning committee | ||
| Section 549(4) to (2) | Regional planning committee declines requiring authority’s or heritage protection authority’s request for requirement to be decided by Environment Court | Regional planning committee |
Compare: 1991 No 69 s 357
765 Right of objection to consent authority against certain decisions or requirements
(1)
A person has a right of objection to a consent authority—
(a)
against its decision on an application by the person under—
(i)
section 328(2) (which relates to the exercise of a resource consent while applying for a new resource consent):
(ii)
section 332(2)(b) (which relates to the lapsing of consents):
(iii)
section 333(2)(b) (which relates to the cancellation of consents):
(iv)
section 353 (which relates to certificates of compliance):
(v)
section 358 (which relates to existing use certificates):
(b)
against its decision to decline to process or to consider an application or a submission made by the person, as provided for by section 276(8):
(c)
against its decision under section 234 on the person’s request under section 232:
(d)
against its decision on the person’s application or review described in subsections (2) to (6), if the person is an applicant or consent holder, and—
(i)
the application or review was notified; and
(ii)
either no submissions were received or any submissions received were withdrawn:
(e)
against its decision on the person’s application or review described in subsections (2) to (6), if the person is an applicant or consent holder, and the application or review was not notified:
(f)
against its decision under section 348 to cancel or prevent a transfer under any of sections 345 to 347.
(2)
Subsection (1)(d) and (e)—
(a)
applies to an application made under section 239 for a resource consent:
(b)
applies if an officer of the consent authority exercising delegated authority under section 62 declines the resource consent under sections 287 and 288:
(c)
does not apply if the consent authority declines the resource consent under sections 287 and 288.
(3)
Subsection (1)(d) and (e) applies to an application made under section 334 for a change or cancellation of a condition of a resource consent.
(4)
Subsection (1)(d) and (e) applies to a determination by a consent authority under section 336 that an application by the person for a resource consent is not primarily for an activity described in section 336(3).
(5)
Subsection (1)(d) and (e) applies to a review of the conditions of a resource consent under section 337 to 341.
(6)
Subsection (1)(d) and (e) applies to an application made under section 634 to vary or cancel a condition specified in a consent notice.
Compare: 1991 No 69 s 357A
766 Objection under section 765(1)(d) or (e) may be considered by hearings commissioner
(1)
An applicant for a resource consent who has a right of objection under section 765(1)(d) or (e) (as applied by section 765(2) to (6)) may, when making the objection, request that the objection be considered by a hearings commissioner.
(2)
If a consent authority receives a request under this section, the authority must, under section 62, delegate its functions, powers, and duties under sections 768 and 770 to 1 or more hearings commissioners who are not members of the consent authority.
Compare: 1991 No 69 s 357AB
767 Right of objection in relation to imposition of additional charges or recovery of costs
A person has a right of objection—
(a)
to a local authority against its requirement to pay an additional charge under section 757(7) or costs under clause 94(1) of Schedule 10:
(b)
to the EPA against its requirement to pay costs under clause 94(2) or (3) of Schedule 10:
(c)
to the Minister against the Minister’s requirement to pay costs under clause 97(4) of Schedule 10.
Compare: 1991 No 69 s 357B
768 Procedure for making and hearing objection under sections 764 to 767
(1)
An objection under section 764, 765, or 767 must be made by notice in writing not later than 15 working days after the decision or requirement is notified to the objector, or within any longer time allowed by the person or body to which the objection is made.
(2)
A notice of objection must set out the reasons for the objection.
(3)
A notice of an objection made under section 765(1)(d) or (e) may include a request that the objection be considered by a hearings commissioner instead of by the consent authority.
(4)
In the case of an objection made under section 764 or 765, the person or body to which the objection is made must—
(a)
consider the objection within 20 working days; and
(b)
if the objection has not been resolved, give at least 5 working days’ written notice to the objector of the date, time, and place for a hearing of the objection.
(5)
In the case of an objection made under section 767, the person or body to which the objection is made must—
(a)
consider the objection as soon as is reasonably practicable; and
(b)
if the objection has not been resolved, give at least 5 working days’ written notice to the objector of the date, time, and place for a hearing of the objection.
Compare: 1991 No 69 s 357C
769 Powers of hearings commissioner considering objection under section 765(1)(d) or (e)
(1)
This section applies if a hearings commissioner is considering an objection made under section 765(1)(d) or (e).
(2)
The hearings commissioner may do 1 or more of the following:
(a)
require the person or body making the objection to provide further information:
(b)
require the consent authority to provide further information:
(c)
commission a report on any matter raised in the objection.
(3)
However, the hearings commissioner must not require further information or commission a report unless they consider that the information or report will assist the hearings commissioner to make a decision on the objection.
Compare: 1991 No 69 s 357CA
770 Decision on objections made under sections 764 to 767
(1)
The person or body to which an objection is made under sections 764 to 767 may—
(a)
dismiss the objection; or
(b)
uphold the objection in whole or in part; or
(c)
in the case of an objection under section 767(a), as it relates to an additional charge under section 757(7), remit the whole or any part of the additional charge over which the objection was made.
(2)
The person or body to which the objection is made must, within 15 working days after making its decision on the objection, give to the objector, and to every person whom the person or body considers appropriate, notice in writing of its decision on the objection and the reasons for it.
(3)
In the case of an objection made under section 765(1)(c), if the consent authority upholds the objection in whole or in part, that decision replaces the part of the earlier decision to which the objection relates.
Compare: 1991 No 69 s 357D
771 Appeals against certain decisions or objections
(1)
Any person who has made an objection under section 764, 765(1)(a), (b), (d), or (e), or 767 may appeal to the Environment Court against the decision on the objection.
(2)
However, an appeal against a decision on any of the following objections is excluded:
(a)
an objection against a decision under clause 90 of Schedule 6 to strike out a submission, if the submission relates to an application for a resource consent, a review of a resource consent, or an application to change or cancel a condition of a resource consent:
(b)
an objection against a decision under section 244(2) or 247(2) to return an application:
(c)
an objection against a decision under section 549(4) to (2) to decline a request:
(d)
an objection against a decision of a board of inquiry under clause 90 of Schedule 6 or section 276(8) to decline an application.
(3)
Notice of an appeal under this section must be in the prescribed form, stating the reasons for the appeal, and be lodged with the court within 15 working days after the decision on the objection being notified to that person under section 770(2) or within any further time that the Environment Court may in any case allow.
(4)
Any person lodging an appeal under this section must ensure that a copy of the notice of appeal is served on the consent authority or local authority at the same time as the notice is lodged with the Environment Court.
(5)
This section does not apply to any person who has already exercised a right of appeal in respect of the same matter under section 313.
Compare: 1991 No 69 s 358
System performance and monitoring
772 Evaluation framework
(1)
The chief executives of the responsible departments must prepare, publish, and maintain an integrated monitoring, reporting, and evaluation framework (the evaluation framework) for the operation and effectiveness of this Act and the Spatial Planning Act 2023.
(2)
The purpose of the framework is to support the ongoing operation and effectiveness of the system under this Act and the Spatial Planning Act 2023.
(3)
When preparing or updating the framework, the chief executives must engage with relevant government agencies and local government, regional planning committees, the Parliamentary Commissioner for the Environment, the National Māori Entity, iwi, hapū, and Māori.
773 Reporting
(1)
The chief executives of the responsible departments must report annually on the monitoring of system performance in a form that is easily accessible to the public.
(2)
The chief executives must submit to the responsible Ministers, at least every 6 years, a system evaluation report that evaluates the operation and effectiveness of this Act and the Spatial Planning Act 2023.
(3)
The chief executives must co-ordinate and consolidate reporting on monitoring and evaluation for both Acts to enable an integrated view of overall system performance, unless it is impracticable.
(4)
The chief executives must publish evaluation reports and the Minister for the Environment must present the reports to the House of Representatives.
(5)
Reporting under this section must comply with any requirements prescribed by regulations made under section 776.
774 Parliamentary Commissioner for Environment may review evaluation reports
(1)
The Parliamentary Commissioner for the Environment may, at their discretion and in accordance with their functions and powers under the Environment Act 1986, review the evaluation report published under section 773.
(2)
The responsible Ministers must respond in writing to any review carried out by the Commissioner.
775 Local authorities to report on costs of functions under this Act and Spatial Planning Act 2023
(1)
A local authority must each year prepare an annual report on the costs, drivers, and funding associated with discharging its functions, duties, and powers under this Act and the Spatial Planning Act 2023.
(2)
The report must include the costs and funding associated with Māori participation under both Acts and participation of all parties in the regional planning committee.
(3)
The local authority must provide the report to the chief executives of the departments responsible for the administration of those Acts.
776 Regulations relating to compliance and monitoring activities
(1)
The Governor-General may, by Order in Council, make regulations for 1 or more of the following purposes:
(a)
prescribing the manner or content of applications, notices, or any other documentation or information as may be required under Part 11 or this Part:
(b)
prescribing, for the purposes of section 777,—
(i)
indicators or other matters by reference to which a local authority is required to monitor the state of the environment of its region or district:
(ii)
matters by reference to which monitoring must be carried out:
(iii)
standards, methods, or requirements applying to the monitoring, which may differ depending on what is being monitored:
(c)
requiring local authorities to provide information gathered under sections 755 and 777 to the Minister, and prescribing the content of the information to be provided and the manner in which, and time limits by which, it must be provided:
(d)
providing for any matters necessary or desirable for the efficient operation of this Part.
(2)
Regulations made under this section 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. | ||||
777 Local authorities to monitor to effectively carry out their functions and duties under this Act
(1)
A local authority must monitor—
(a)
the state of the whole or any part of the environment of its region or district—
(i)
to the extent that is appropriate to enable the local authority to effectively carry out its functions and duties under this Act; and
(ii)
in addition, by reference to any indicators or other matters prescribed by regulations made under section 776, and in accordance with the national planning framework or regulations; and
(b)
the efficiency and effectiveness of policies, rules, or other methods in its plan in—
(i)
upholding any environmental limits and targets that apply in its region; and
(ii)
promoting the system outcomes under subpart 1 of Part 1; and
(iii)
addressing or managing other matters of regional or local significance that have been identified within its plan; and
(c)
the exercise of any functions, powers, or duties delegated or transferred by it; and
(d)
the efficiency and effectiveness of processes used by the local authority in exercising its powers or performing its functions or duties (including those delegated or transferred by it), including matters such as timeliness, cost, and the overall satisfaction of those persons or bodies in respect of whom the powers, functions, or duties are exercised or performed; and
(e)
the exercise of the resource consents that have effect in its region or district, as the case may be; and
(f)
in the case of a regional council, the exercise of a protected customary right in its region, including any controls imposed on the exercise of that right under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011; and
(g)
permitted activities that have effect in the region or district, where monitoring of those permitted activities is required by the national planning framework or the relevant plan.
(2)
Monitoring required by this section must be undertaken in accordance with any regulations.
(3)
For the purpose of subsection (1)(a), the local authority must prioritise monitoring of environmental limits and targets, other matters identified in the national planning framework, and regionally significant matters identified in its plan.
(4)
The local authority must take appropriate action (having regard to the methods available to it under this Act) where monitoring shows this to be necessary.
(5)
The local authorities in the region must provide iwi authorities and groups that represent hapū within the region with opportunities, in relation to the state of environmental monitoring under subsection (1)(a) and plan effectiveness monitoring under subsection (1)(b), to—
(a)
be involved in the development and implementation of mātauranga Māori, tikanga Māori, and other monitoring methods and approaches; and
(b)
be involved with the development of policy and guidance on the detailed ways in which the regional monitoring and reporting strategy is to be operationalised; and
(c)
carry out the actual monitoring work where agreed with the relevant local authority.
(6)
The local authority must make available or accessible to the public the results of its state of environment monitoring activities under subsection (1)(a) to enable the public to be informed and participate under this Act.
(7)
The regional planning committee must, every 6 years, publish an assessment of the state of the environment conducted under subsection (1)(a) in its region that demonstrates the environmental changes, trends, pressures, emerging risks, and outlooks within the region.
Compare: 1991 No 61 s 35(2)–(3)
778 Regional monitoring and reporting strategies
(1)
A regional planning committee must prepare a regional monitoring and reporting strategy to describe how the local authorities in its region are to carry out their monitoring functions under this Part.
(2)
A regional monitoring and reporting strategy must—
(a)
ensure that monitoring and reporting is comprehensive and well co-ordinated; and
(b)
describe the monitoring responsibilities of each local authority in the region; and
(c)
describe when and how iwi authorities and groups that represent hapū (if agreed) are to be involved in local authority monitoring activities.
(3)
The regional planning committee must—
(a)
develop the strategy in collaboration with local authorities and have particular regard to their input; and
(b)
publish the regional monitoring and reporting strategy within the 4-year time frame for plan making; and
(c)
keep the strategy up to date and review the strategy when the full plan review evaluation is conducted.
Plan reviews
779 Duty of local authorities to report to relevant planning committee
(1)
Each local authority must report to its relevant regional planning committee every 3 years (a 3-yearly reporting cycle).
(2)
The first 3-yearly report must be made in accordance with the date specified in the regional monitoring and reporting strategies made under section 778.
780 Purpose of reports
(1)
The purpose of a 3-yearly report is to provide the relevant regional planning committee with information required to plan and initiate a programme of work for the next 3 years in relation to plan changes needed to ensure continuing compliance of the plan with the requirements of this Act.
(2)
Any regional planning committee may initiate plan changes that it adds to the programme of work for the next 3 years.
781 Contents of reports
A 3-yearly report must include the following matters:
(a)
a consideration of the results from monitoring under section 777, including the state of the environment and the effectiveness and efficiency of the relevant plan; and
(b)
recommendations on any matters that the plan should include; and
(c)
any plan changes that the local authority requests.
782 9-yearly review of plans
(1)
Each regional planning committee must undertake a review of its plan for the region at least every 9 years (a 9-yearly review).
(2)
A 9-yearly review period starts as soon as a plan becomes operative and continues in successive 9-year periods.
(3)
However, if a regional planning committee resolves to undertake a full plan review, the 9-year cycle ceases, beginning again when the new plan becomes operative.
(4)
A 9-yearly review must cover the following matters:
(a)
whether the strategic content of the plan is still appropriate; and
(b)
whether the plan gives effect to the national planning framework; and
(c)
whether the plan continues to be consistent with the regional spatial strategy for the region; and
(d)
whether there is a need to change or retain plan provisions that have not been reviewed in the previous 9 years; and
(e)
any other matter that the regional planning committee considers appropriate.
(5)
Each regional planning committee must, after completing its 9-yearly review, publish the results of that review, stating how it intends to respond to any matters requiring further consideration that are identified in it.
(6)
A regional planning committee must respond to its review, as appropriate, by—
(a)
making plan changes; or
(b)
notifying a wholly new plan; or
(c)
any other method that the committee considers appropriate.
Additional powers of Minister for Environment and Minister of Conservation
783 Minister may make grants and loans
(1)
The Minister for the Environment may make grants or loans to any person to assist in achieving the purpose of this Act.
(2)
The Minister may impose terms and conditions on a grant or loan as the Minister thinks fit.
(3)
Money spent or advanced by the Minister under this section must be paid out of money appropriated by Parliament for the purpose.
(4)
Money received by the Minister under this Act must be paid into a Crown Bank Account or other account approved by the Minister of Finance.
Compare: 1991 No 69 s 26
784 Supply of information
(1)
The Minister for the Environment may give written and dated notice requiring information to be supplied by the following bodies:
(a)
a regional planning committee:
(b)
a local authority:
(c)
a requiring authority:
(d)
a heritage protection authority.
(2)
The information that may be required is information that—
(a)
is about the body’s exercise or performance of any of its functions, powers, or duties under this Act; and
(b)
is held by the body or can reasonably be produced by the body; and
(c)
may reasonably be required by the Minister.
(3)
The body must supply the information to the Minister within—
(a)
20 working days after the date of the notice; or
(b)
a longer time set by the Minister.
(4)
The body must not charge the Minister for supplying the information.
Compare: 1991 No 69 s 27
785 Information must be supplied to Minister of Conservation
(1)
The Minister of Conservation may, if it is reasonable to do so, require a local authority to supply information about the local authority’s monitoring of—
(a)
a coastal permit; or
(b)
provisions of a plan that relate to the coastal marine area; or
(c)
the exercise of protected customary rights.
(2)
The Minister of Conservation must request the required information by giving a written and dated notice to the local authority.
(3)
The local authority must supply the information to the Minister of Conservation within—
(a)
20 working days after the date of the notice; or
(b)
a longer time set by the Minister of Conservation.
(4)
The local authority must not charge for supplying the information.
(5)
The Minister must notify the Minister for the Environment of the making of the requirement.
Compare: 1991 No 69 s 28A
Miscellaneous matters
786 Regional councils to pay rents, royalties, and other money received into Crown Bank Account
All rents, royalties, and other sums of money that the holders of resource consents are, by virtue of any authorisation granted under section 465 or any regulations made under section 790(1)(b), required to pay are the property of the Crown and every regional council must—
(a)
collect and receive from the holders of such resource consents in its region all such rents, royalties, and other sums of money on behalf of the Crown; and
(b)
pay that money into a Crown Bank Account in accordance with the Public Finance Act 1989.
Compare: 1991 No 69 s 359
787 Power of waiver and extension of time limits
(1)
A regional planning committee, consent authority, or local authority may, in any particular case,—
(a)
extend a time period specified in this Act or in regulations made under a relevant empowering provision in this Act other than the national planning framework, whether or not the time period has expired; or
(b)
waive a failure to comply with a requirement under this Act, regulations made under a relevant empowering provision in this Act other than the national planning framework, or a plan for the time or method of service of documents.
(2)
However, a consent authority must not, under subsection (1), waive or extend a time period for the purpose of providing more time for a pre-request aquaculture agreement to be negotiated under section 186ZM of the Fisheries Act 1996.
(3)
If a person is required to provide information under this Act, regulations made under a relevant empowering provision in this Act, including the national planning framework, or a plan and the information is inaccurate or omitted, or a procedural requirement is omitted, the consent authority or local authority may—
(a)
waive compliance with the requirement; or
(b)
direct that the omission or inaccuracy be rectified on such terms as the consent authority or local authority thinks fit.
Compare: 1991 No 69 s 37
788 Requirements for waivers and extensions
(1)
A consent authority or local authority must not extend a time limit or waive compliance with a time limit, a method of service, or the service of a document in accordance with section 787 unless it has taken into account—
(a)
the interests of any person who, in its opinion, may be directly affected by the extension or waiver; and
(b)
the interests of the community in achieving adequate assessment of the effects of a proposal, policy statement, or plan; and
(c)
its duty under section 804 to act promptly; and
(d)
whether the extension or waiver will support the consent authority’s assessment of the application, to ensure that a decision to grant or decline the application aligns with plan outcomes.
(2)
A time period may be extended under section 787 for—
(a)
a time not exceeding twice the maximum time period specified in this Act; or
(b)
a time exceeding twice the maximum time period specified in this Act if the applicant or requiring authority requests or agrees.
(3)
Instead of subsections (1) and (2), subsection (4) applies to an extension of a time limit imposed on a consent authority in respect of—
(a)
an application for a resource consent; or
(b)
an application to change or cancel a condition of a resource consent; or
(c)
a review of a resource consent.
(4)
A consent authority may extend a time period under section 787 only if—
(a)
the time period as extended does not exceed twice the maximum time period specified in this Act; and
(b)
either—
(i)
special circumstances apply (which includes special circumstances existing by reason of the scale or complexity of the matter, but does not include a lack of staffing capacity or expertise); or
(ii)
the applicant agrees to the extension; and
(c)
the authority has taken into account the matters specified in subsection (1).
(5)
A consent authority or a local authority must ensure that every person who, in its opinion, is directly affected by the extension of a time limit or the waiver of compliance with a time limit, a method of service, or the service of a document is notified of the extension or waiver.
Compare: 1991 No 69 s 37A
789 Persons to have powers of consent authority for purposes of sections 787 and 788
The following bodies have the powers of a consent authority under sections 787 and 788 for the following matters:
(a)
the Minister, while carrying out any of their functions under Part 3 of Schedule 10:
(b)
(c)
the EPA, while carrying out its functions under Part 3 of Schedule 10, except in respect of the time periods and requirements under clause 62(1) of Schedule 10:
(d)
a special tribunal appointed under section 367, for all matters while carrying out its functions.
Compare: 1991 No 69 s 37B
Regulations
790 Regulations relating to payment of fees and charges
(1)
The Governor-General may from time to time, by Order in Council, make regulations for 1 or more of the following purposes:
(a)
prescribing, for the purpose of the Registrar deciding whether to waive, reduce, or postpone the payment of a fee under clause 90 of Schedule 13, the criteria that the Registrar must apply to—
(i)
assess a person’s ability to pay a fee; and
(ii)
identify proceedings that concern matters of public interest:
(b)
prescribing the amount, methods for calculating the amount, and circumstances and manner in which holders of resource consents are liable to pay for—
(i)
the occupation of the coastal marine area, to the extent that it is within the common marine and coastal area; and
(ii)
the occupation of the bed of any river or lake that is land of the Crown; and
(iii)
the extraction of any sand, shingle, shell, and other natural materials from an area described in subparagraph (i) or (ii); and
(iv)
the use of geothermal energy.
(2)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1991 No 69 s 360(a), (aa), (ac), (b), (baa), (c), (d), (da), (he), (hk)
| 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. | ||||
791 Regulations relating to network utility operations
(1)
The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister for the Environment, make regulations providing for any project or work to be a network utility operation for the purpose of paragraph (j) of the definition of network utility operator in section 11.
(2)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1991 No 69 s 360(e)
| 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. | ||||
792 Regulations relating to local authority functions under this Act or Spatial Planning Act 2023
(1)
The Governor-General may from time to time, by Order in Council, make regulations for 1 or more of the following purposes:
(a)
prescribing requirements that apply to the use of models (being simplified representations of systems, for example, farms, catchments, and regions) under this Act by—
(i)
local authorities:
(ii)
the holders of resource consents:
(iii)
other persons:
(b)
authorising the Minister or responsible Ministers to specify requirements that local authorities must meet when reporting on the costs of functions under this Act and the Spatial Planning Act 2023.
(2)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1991 No 69 s 360(1)(hp)
| 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. | ||||
793 Regulations amending plans in relation to aquaculture activities and allocation processes
(1)
The Governor-General may, by Order in Council, on the recommendation of the Minister responsible for aquaculture,—
(a)
amend provisions in an operative plan that relate to the management of aquaculture activities in the coastal marine area; and
(b)
amend an operative plan to establish rules for the allocation of specified aquaculture-related authorisations.
(2)
Regulations made under subsection (1) may amend more than one plan at the same time, including plans that relate to different regions.
(3)
An amendment made under subsection (1)—
(a)
becomes part of the operative plan as if it had been notified under clause 44 of Schedule 6; and
(b)
must not be inconsistent with, and is subject to, the other provisions of this Act; and
(c)
may be amended—
(i)
under this section; or
(ii)
in accordance with Schedule 6; or
(iii)
under any other provision of this Act.
(4)
Regulations establishing a process for the allocation of specified aquaculture-related authorisations—
(a)
must provide for how allocation offers for those authorisations are to be decided; and
(b)
must specify the aquaculture-related authorisations (or class of authorisations) to which the process applies; and
(c)
may specify—
(i)
that the Minister responsible for aquaculture is the decision maker for allocation offers made under the process; and
(ii)
the circumstances in which, and the criteria by which, the Minister must make those decisions; and
(d)
must specify the unit of measurement for a specified aquaculture-related resource or class of resource (for example, based on volume, meterage, or percentage); and
(e)
may provide for any other matter necessary for establishing or giving effect to the process.
(5)
If a regional planning committee makes changes to the plan or develops a new plan, the committee may specify that the Minister responsible for aquaculture is the decision maker for allocation offers made under an allocation process, but only if—
(a)
the plan has been amended by regulations establishing an allocation process and specifying the matters referred to in subsection (4)(c); and
(b)
either—
(i)
the allocation process proposed in the changes or the new plan is the same as that made under the regulations; or
(ii)
the Minister responsible for aquaculture agrees to the changes to the plan or the new plan before it is notified.
(6)
In this section and sections 794 and 795,—
amend provisions includes—
(a)
omitting provisions (whether other provisions are substituted or not):
(b)
adding provisions
aquaculture-related authorisation means the exclusive right to apply for a resource consent for an aquaculture-related resource, within the meaning of the definition of right to apply in section 226(2) and the definition of authorisation in section 442
aquaculture-related resource means—
(a)
the occupation of space in a common marine and coastal area for aquaculture activities:
(b)
the capacity of coastal water (including estuaries) to assimilate a discharge of a contaminant from an aquaculture activity:
(c)
any other resource related to aquaculture identified in the national planning framework under section 158(1)(h):
(d)
any other resource related to aquaculture.
(7)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1991 No 69 s 360A
| 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. | ||||
794 Conditions to be satisfied before regulations made under section 793
Ministerial considerations
(1)
The Minister responsible for aquaculture must not recommend the making of regulations under section 793, unless the Minister—
(a)
has first had regard to the provisions of the plan that will be affected by the proposed regulations; and
(b)
has carried out consultation on the proposed regulations in accordance with this section; and
(c)
is satisfied that—
(i)
the proposed regulations are necessary or desirable for the management of aquaculture activities in accordance with the Government’s policy for aquaculture in the coastal marine area; and
(ii)
the matters to be addressed by the proposed regulations are of regional or national significance; and
(iii)
the proposed regulations do not result in a rule in the plan that contravenes section 204; and
(iv)
the plan (as amended by the proposed regulations) continues to give effect to the national planning framework and does not conflict with or duplicate it; and
(v)
the plan (as amended by the proposed regulations) is consistent with the regional spatial strategy; and
(d)
has prepared an evaluation report under clause 27 of Schedule 6 for the proposed regulations and had particular regard to that report when deciding whether to recommend the making of the regulations.
(2)
When deciding whether to recommend the making of regulations that directly affect a customary marine title area, the Minister responsible for aquaculture must consider any content in a relevant planning document—
(a)
that has been lodged with the Minister under section 91A of the Marine and Coastal Area (Takutai Moana) Act 2011 or lodged with the regional council under section 86 of that Act; and
(b)
that the Minister considers relevant to their decision.
(3)
When deciding whether to recommend the making of regulations that relate to the allocation of coastal space, the Minister responsible for aquaculture must consider how the proposed regulations affect any preferential rights described in section 463.
(4)
When deciding whether to recommend the making of regulations that relate to paragraphs (b) to (d) of the definition of aquaculture-related resource in section 793(6), the Minister must have particular regard to the allocation principles.
Consultation requirements
(5)
The Minister responsible for aquaculture must consult on the proposed regulations with—
(a)
the Minister of Conservation; and
(b)
other Ministers that the Minister responsible for aquaculture considers relevant to the proposed regulations; and
(c)
any regional council that will be affected by the proposed regulations as well as the relevant regional planning committee; and
(d)
any customary marine title group in the area covered by the plan; and
(e)
any applicant group (within the meaning of section 9 of the Marine and Coastal Area (Takutai Moana) Act 2011) in the area covered by the plan; and
(f)
the public, the relevant iwi authorities, and groups that represent hapū within the relevant region.
(6)
When consulting organisations, people, and groups under subsection (5)(d) to (f), the Minister responsible for aquaculture—
(a)
must notify them of the proposed regulations; and
(b)
must establish a process that—
(i)
the Minister responsible for aquaculture considers gives them adequate time and opportunity to comment on the proposed regulations; and
(ii)
requires a report and recommendation to be made to the Minister on those comments and the proposed regulations; and
(c)
must publicly notify the report and recommendation; and
(d)
is not required to consult on matters that have already been the subject of consultation if the Minister is satisfied that the previous consultation related to subject matter that is in substance the same as that proposed in the regulations.
(7)
A single consultation process may be used if—
(a)
the proposed regulations amend 2 or more plans at the same time; and
(b)
the requirements of subsections (5) and (6) are met in respect of each plan.
Compare: 1991 No 69 s 360B
795 Regional planning committee obligations
(1)
As soon as practicable after regulations are made under section 793, the regional planning committee whose plan is or will be amended by the regulations must—
(a)
give public notice that the regulations have been made, of the date on which the regulations come into force, and that provides a general description of the nature and effect of the regulations; and
(b)
amend the plan in accordance with the regulations—
(i)
without using the process in Schedule 6; 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)
To avoid doubt, section 447 does not apply to any amendments to a plan that have been made in accordance with regulations made under section 793.
Compare: 1991 No 69 s 360C
796 Emergency response regulations
(1)
The Governor-General, by Order in Council, may, 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)
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 order is necessary or desirable for the purpose of this Act:
(b)
be satisfied that the order is not broader than is reasonably necessary:
(c)
consult the Minister for Emergency Management before recommending any emergency response regulations:
(d)
consult with any affected councils and regional planning committees, and invite them to provide written comments about the proposed regulations:
(e)
provide a draft of the regulations to the committee of the House of Representatives that is responsible for the review of disallowable instruments:
(f)
have regard to comments, if any, from the Committee of the House of Representatives responsible for the review of disallowable instruments.
(3)
Before recommending emergency response regulations, the Minister may invite any other persons or representatives of persons that the Minister considers appropriate (including local Māori and local community groups), or the public generally, to provide written comments about the proposed regulations.
(4)
Written comments provided in response to an invitation from the Minister must be provided within 5 working days unless the Minister extends that period.
(5)
Emergency response regulations—
(a)
may apply only to an area where a state of national or local emergency, or a local or national transition period, has been declared under the Civil Defence Emergency Management Act 2002; and
(b)
may continue to apply to that area after the declaration ceases to have effect; and
(c)
expire on the date that is 3 years after the first declaration is made or any earlier date specified in the regulations.
(6)
Emergency response regulations may—
(a)
permit, authorise, or prohibit specific activities, noting that this will not give long-term existing use rights to these activities:
(b)
modify or alter the plan development processes:
(c)
apply a temporary stay to types or categories of applications (processing and granting of consents):
(d)
extend or shorten consent processing time frames.
(7)
Regulations made under this section 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. | ||||
797 Regulations relating to administrative charges and other amounts
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for the purpose of prescribing or providing for fees and charges payable under this Act and specifying the charges that a local authority is required to fix under section 757.
(2)
Regulations made under this section—
(a)
may prescribe the fees payable or the methods for calculating fees and recovering costs in respect of consent applications, applications under an allocation method in a plan, tenders, or other matters under this Act that require an application:
(b)
may require local authorities—
(i)
to fix charges for hearings commissioners determining resource consent applications, in accordance with a delegation from the local authority under section 62, where a hearing is held:
(ii)
before a hearing commences, to set the overall charge payable by the applicant for a plan change or resource consent hearing:
(c)
may require regional planning committees—
(i)
to fix charges for processing private plan change requests under Part 2 of Schedule 6:
(ii)
before a hearing commences, to set the overall charge payable by the applicant for a plan change:
(d)
may require local authorities to fix charges for resource consents, for the carrying out by the local authority of any 1 or more of its functions in relation to the receiving, processing, and granting of resource consents (including certificates of compliance, existing use certificates and permitted activity notices) and applications made under an allocation rule that has been included in a plan under section 446:
(e)
providing for discounts on administrative charges imposed under section 757—
(i)
when local authorities are responsible for applications for a resource consent:
(ii)
for applications to change or cancel conditions under section 334:
(iii)
for processing certificates of compliance, existing use certificates, and permitted activity notices.
(3)
Regulations that relate to a function referred to in subsection (2)(d)—
(a)
must specify the class or classes of application in respect of which each charge is to be fixed; and
(b)
must include a schedule of charges to be applied by local authorities, fixed on the basis of—
(i)
the class of application; and
(ii)
the complexity of the class of application to which the charges apply; and
(c)
may specify a class or classes of additional charges that may apply.
(4)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1991 No 69 s 360F
| 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. | ||||
798 Regulations relating to fast-track consenting process
(1)
The Governor-General may, by Order in Council, for the purpose of Part 2 of Schedule 10, make regulations that—
(a)
impose requirements in relation to a referral application (including the manner in which the application must be made):
(b)
enable limited suspension of the processing of a resource consent application or notice of requirement by a panel in specified circumstances or if specified criteria apply:
(c)
provide for procedural and administrative matters for the purpose of Part 2 of Schedule 10:
(d)
provide for any other matters contemplated by Part 2 of Schedule 10, necessary for its administration, or necessary for giving it full effect.
(2)
A term that is used in this section and is defined in Part 2 of Schedule 10 has the meaning given in that Part.
(3)
Regulations made under this section 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. | ||||
799 Regulations relating to infringement offences
(1)
The Governor-General may, by Order in Council, make regulations for 1 or more of the following purposes:
(a)
specifying the offences in this Act that are infringement offences:
(b)
specifying infringement offences for the breach of regulations:
(c)
prescribing infringement fees (which may be different fees for different offences)—
(i)
not exceeding $2,000, in the case of a natural person, for an infringement offence prescribed under this subsection:
(ii)
not exceeding $4,000, in the case of a person other than a natural person, for an infringement offence prescribed under this subsection:
(iii)
not exceeding $100 per stock unit for each infringement offence that is differentiated on the basis of the number of stock units, to a maximum fee of—
(A)
$2,000 for each infringement offence in the case of a natural person; and
(B)
$4,000 for each infringement offence in the case of a person other than a natural person.
(2)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1991 No 69 s 360(1)(ba), (bb)
| 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. | ||||
800 Regulations relating to dumping and incineration in coastal marine area
(1)
The Governor-General may, by Order in Council, make regulations for 1 or more of the following purposes:
(a)
deeming to be included in any plan, rules that may apply generally or specifically and that may do all or any of the following:
(i)
specify as anticipated activities or discretionary activities any activities to which section 27 applies:
(ii)
specify criteria to be considered on—
(A)
an application under section 239 for a coastal permit to do something that otherwise would contravene section 27:
(B)
an application under section 334 to change or cancel any conditions of the permit:
(C)
a review of the conditions of the permit under section 337:
(b)
prescribing any substance to be a harmful substance for the purposes of section 11(1):
(c)
prescribing any waste or other matter to be toxic or hazardous waste for the purposes of section 29:
(d)
in relation to any coastal permit to do something that otherwise would contravene section 27,—
(i)
requiring the holder of the permit to keep records and furnish to the Director of Maritime New Zealand information and returns as to any matters in relation to any activity carried out under the permit; and
(ii)
prescribing the nature of the records, information, and returns, and the form, manner, and times in or at which they must be kept or furnished:
(e)
prohibiting, permitting, or controlling a discharge to which section 28 applies, by prescribing conditions or limitations, or by other means, including describing the discharge by referring to the circumstances, quantities, components, or sources of the discharge:
(f)
prohibiting or permitting with or without conditions the making of a plan rule or the granting of a resource consent for a discharge to which section 28 applies, including describing the discharge by referring to the circumstances, quantities, components, or sources of the discharge:
(g)
prescribing any operations of a ship, aircraft, or offshore installation as a normal operation.
(2)
No regulation may be made under any of paragraphs (a) to (d) of subsection (1), except on the recommendation of the Minister after consultation with the Minister of Transport and the Minister of Conservation.
(3)
The Minister must not recommend the making of any regulation under any of paragraphs (a) to (c) of subsection (1) unless, after having consulted with the Minister of Transport and the Minister of Conservation, the Minister is of the opinion that—
(a)
it is necessary or desirable to do so for all or any of the following purposes:
(i)
to implement New Zealand’s obligations under any international convention, protocol, or agreement relating to the protection of the marine environment and to which New Zealand is a party:
(ii)
to enable New Zealand to become a party to any international convention, protocol, or agreement relating to the protection of the marine environment:
(iii)
to implement such international practices or standards relating to the protection of the marine environment as may, from time to time, be recommended by the International Maritime Organization; or
(b)
it is not inconsistent with any such purpose to do so.
(4)
The Minister may, by notice in the Gazette, amend any schedule of any regulations made under subsection (1)(b) or (c) by omitting or inserting the name or a description of any waste or other matter or harmful substance to make that schedule comply with the provisions of an international convention relating to the pollution of the marine environment.
(5)
Regulations made under subsection (1)(e) or (f) may apply—
(a)
generally within New Zealand or to specified areas of New Zealand:
(b)
generally to plan rules or resource consents or to plan rules or resource consents of a specified description.
Effect of regulations made under this section on plan rules and resource consents
(6)
If regulations made under this section permit or control a discharge to which section 28(1) or (3) applies, unless the regulations provide otherwise,—
(a)
no rule can be included in a plan that permits or controls the discharge; and
(b)
no resource consent may be granted that relates to that discharge.
(7)
Regulations made under this section 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. | ||||
801 Regulations relating to general matters
(1)
The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister for the Environment, make regulations for all or any of the following purposes:
(a)
the form or content of applications, notices, or any other documentation or information that may be required under this Act, including the use of templates:
(b)
the form and content of, and the procedure for, assessments of environmental effects:
(c)
the manner in which applications, notices, information, or any other documentation that may be required under this Act are to be processed, including—
(i)
procedural steps and time limits relating to the resource consent process:
(ii)
requirements that apply to specific consents or activities:
(iii)
service requirements and related administrative matters:
(iv)
the ways in which local authorities must make information gathered under sections 752 and 777 available to the public:
(d)
templates for reports required to be prepared under this Act, including notification reports, decision reports, and reports that a local authority may require under this Act, which may apply to specific consents or activities:
(e)
the practice and procedure of the Environment Court and the form of proceedings, both under this Act and in relation to the exercise of any jurisdiction conferred on the court by any other Act:
(f)
procedural steps that apply when the Environment Court or a board of inquiry determines an affected application, including the disapplication of provisions in Part 6:
(g)
prescribing criteria for the exercise, in a particular hearing or class of hearing, of any of the powers specified in clauses 87 to 90 of Schedule 6:
(h)
prescribing, for the purposes of sections 168, 469, and 530,—
(i)
threshold amounts, which may differ for proposals of different types or in different locations; and
(ii)
matters to which an authority is required to have regard in determining whether exceptional circumstances exist:
(i)
setting criteria or methodologies for determining the bed of a braided or other wandering river:
(j)
prescribing exemptions from any provision of section 26, either absolutely or subject to any prescribed conditions, and either generally or specifically or in relation to particular descriptions of contaminants or to the discharge of contaminants in particular circumstances or from particular sources, or in relation to any area of land, air, or water specified in the regulations:
(k)
prescribing how the consent engagement costs payable by consent applicants or holders, either locally or nationally, are to be determined:
(l)
providing transitional and savings provisions concerning the coming into force of this Act that may be in addition to, or in substitution for, the transitional and savings provisions in Schedule 1:
(m)
providing that (subject to any conditions specified in the regulations), during a specified transitional period,—
(i)
specified provisions of this Act (including definitions or transitional and savings provisions) do not apply (or apply with modifications or additions) either generally or in respect of a specified region or area:
(ii)
specified provisions repealed, revoked, or amended by this Act continue to apply (or continue to apply with modifications or additions):
(iii)
regulations, Orders in Council, notices, schemes, rights, licences, permits, approvals, authorisations, or consents made or given under the Resource Management Act 1991 continue to apply:
(iv)
specified terms have the meanings given to them by regulations:
(n)
providing for any other matters necessary for facilitating or ensuring an orderly transition from the legislative regime under the Resource Management Act 1991 to the legislative regime that applies when this Act comes fully into force:
(o)
providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
(2)
Any regulations may apply generally or may apply or be applied from time to time by the Minister for the Environment by notice in the Gazette, 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.
(3)
The Minister must not recommend the making of regulations under subsection (1)(a) to (d) without consulting the affected consent authorities.
(4)
The Minister must not recommend the making of regulations under this Act other than the national planning framework that impact on the Environment Court without the concurrence of the Chief Environment Court Judge.
(5)
Regulations may be made under subsection (1)(h) only on the recommendation of the Minister for the Environment after having regard to the intent of the regulations, which is to require requests for direct referral to be granted for proposals of a significant economic scale.
(6)
Regulations may be made under subsection (1)(j) only on the recommendation of the Minister after being satisfied that affected persons have been consulted.
(7)
Regulations under subsection (1)(c) may prescribe or provide for—
(a)
additional procedural steps and matters (including the form and content of notices served on parties):
(b)
additional time limits for procedural steps that do not alter time limits established by this Act:
(c)
additional procedural steps and time limits that will not be counted towards time limits established by this Act.
(8)
On the close of the day that is 5 years after the date of their commencement,—
(a)
subsection (1)(l), (m), and (n) are repealed; and
(b)
any regulations made under any of those provisions are revoked.
(9)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1991 No 69 s 360
| 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. | ||||
802 Power of Secretary for Environment to approve forms and templates
(1)
The Secretary for the Environment may approve forms and templates for any applications, certificates, and notices under Part 6, unless a regulation requires the use of a prescribed form or template under that Part.
(2)
The Secretary for the Environment must publish the approved forms and templates on an Internet site maintained by the Ministry for the Environment.
Special Acts
803 Conflicts with special Acts
Every local authority or other public body must be guided, in the exercise of any function, power, or duty in relation to natural or physical resources imposed or conferred by any of the Acts specified in Schedule 15 or any Act passed in substitution for any of those Acts, by the provisions of this Act, and where any conflict arises between any of those enactments and this Act, the provisions of this Act prevail.
Compare: 1991 No 69 s 363
Repeals, revocations, and amendments
805 Consequential amendments
(1)
Amend the Acts specified in Part 1 of Schedule 16 as set out in that Part.
(2)
Amend the Fisheries Act 1996 (1996 No 88) as set out in Part 2 of Schedule 16.
(3)
Amend the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3) as set out in Part 3 of Schedule 16.
(4)
Amend the Resource Management Act 1991 (1991 No 69) as set out in Part 4 of Schedule 16.
(5)
Amend the secondary legislation as set out in Part 5 of Schedule 16.
Compare: 1991 No 69 s 362
Schedule 1 Transitional, savings, and related provisions
Contents
Part 1 Provisions relating to this Act as enacted
Subpart 1—Preliminary matters
1 Interpretation
In this Part, unless the context otherwise requires,—
decisions version means the plan that a regional planning committee must publish under clause 128(5)(b) of Schedule 6 after having made decisions on the recommendations of the IHP
national direction instrument means any of the following under Part 5 of the RMA:
(a)
a national environmental standard:
(b)
a national policy statement:
(c)
a New Zealand coastal policy statement:
(d)
a national planning standard
NBE plan means a natural and built environment plan
notification of the decisions version of the NBE plan means a regional planning committee’s notification of its first NBE plan for its region under clause 128 of Schedule 6
notification of the proposed first NBE plan means a regional planning committee’s notification of its proposed first NBE plan for its region for public submissions under clause 34 of Schedule 6
region’s NBEA date means the date that the decisions version of the first plan for a region is treated as operative under clause 6(5), being 10 working days after the date the plan is published under clause 128(5)(b) of Schedule 6
RMA means the Resource Management Act 1991
RMA document means any of the following documents made or granted, or deemed to have been made or granted, under the RMA:
(a)
a national environmental standard:
(b)
a national planning standard:
(c)
a national policy statement:
(d)
a New Zealand coastal policy statement:
(e)
a regional policy statement:
(f)
a resource consent:
(g)
a district plan:
(h)
any plan change, variation, or notice of requirement:
(i)
a regional plan:
(j)
a regional coastal plan:
(k)
a combined document:
(l)
a heritage order:
(m)
an intensification planning instrument:
(n)
a certificate of compliance:
(o)
any secondary legislation made under the RMA, including a water conservation order
RMA instrument means any secondary legislation made under the RMA, including—
(a)
any proposed or operative regional policy statement, regional plan, regional coastal plan, or district plan; and
(b)
any change or variation to a regional policy statement, regional plan, regional coastal plan, or district plan requested under Part 2 of Schedule 1 of the RMA; and
(c)
any national direction instrument; and
(d)
any water conservation order
RMA plan includes any regional plan or district plan under the RMA
RSS adoption date means the date that the first regional spatial strategy is adopted for a region in accordance with clause 7 of Schedule 4 of the Spatial Planning Act 2023
RSS notification date means the date that the first regional spatial strategy is notified for a region in accordance with clause 7 of Schedule 4 of the Spatial Planning Act 2023
transition period means, in relation to a region, the period that—
(a)
starts on the day after the day on which this Act receives the Royal assent; and
(b)
ends on the region’s NBEA date.
Subpart 2—National planning framework
2 National planning framework provisions that apply immediately
On the commencement of the national planning framework, the following provisions of the framework apply in all regions unless and to the extent that the framework provides otherwise:
(a)
provisions that the framework identifies as a provision that a regional planning committee must give effect to when preparing a plan:
(b)
provisions that the framework identifies as a provision that a regional planning committee must give effect to when preparing a regional spatial strategy:
(c)
any other provisions except those described in clause 3.
3 National planning framework provisions that apply on region’s NBEA date
(1)
On a region’s NBEA date, the following provisions of the national planning framework apply in that region:
(a)
framework rules:
(b)
a provision identified in the national planning framework as a provision made under any of the following sections:
(i)
(ii)
(2)
However, the national planning framework may require a provision described in subclause (1) to commence on a date later than the region’s NBEA date.
4 National planning framework must not be considered in exercise of power or function under RMA
(1)
A person who exercises a power or performs a function under the RMA must not, except as provided in subpart 4, consider the national planning framework when exercising the power or performing the function.
(2)
In subclause (1), national planning framework includes an NPF proposal, the transitional national planning framework, and a transitional NPF proposal.
Subpart 3—Planning
5 When Parts 3 and 5 of RMA and RMA instruments cease to apply in region
(1)
(2)
If a district plan covers 2 or more regions (or parts of those regions), this clause only affects those regions in which the region’s NBEA date has occurred.
6 Preparation and effect of first natural and built environment plan
(1)
A regional planning committee must prepare the first natural and built environment plan for the region in accordance with Schedule 6 but subject to the modifications in this clause and other provisions of this schedule.
(2)
A regional planning committee may use the information and science that informed RMA policy statements and plans to develop the plan if,—
(a)
in doing so, it complies with any applicable requirements of this Act; and
(b)
the information or science—
(i)
represents the best information on the effectiveness of the RMA policy statement or plan; and
(ii)
has been consulted on through a process prescribed under the RMA or the Local Government Act 2002.
(3)
See also clause 48(4).
Legal effect of rules in first plan
(4)
A rule in the first plan for the region—
(a)
does not have legal effect while the plan is a proposed plan; and
(b)
has legal effect only when the plan is treated (in accordance with subclause (7)) as operative unless subclause (9) applies to the rule.
(5)
Subclause (4) applies despite sections 198 to 201.
Publication of decisions version of plan
(6)
When the regional planning committee publishes the decisions version of the plan under clause 128(5)(b) of Schedule 6, the committee must—
(a)
make the decisions version available in the manner described in clause 45(1) of Schedule 6; and
(b)
publicly notify by notice in the Gazette and by notice on its Internet site—
(i)
that the decisions version is available and how it is available; and
(ii)
the effect of subclause (7) and clause 7; and
(c)
provide a copy of the decisions version to the persons and groups listed in clause 45(2) of Schedule 6.
Decisions version of plan treated as operative 10 days after publication
(7)
The decisions version of the plan, except for the rules described in subclause (9), is treated as operative on the date that is 10 working days after the date it is published under clause 128(5)(b) of Schedule 6.
(8)
Certain rules in decisions version of plan not to be treated as operative
(9)
The following kinds of rule in the decisions version of the plan must not be treated as operative until section 202 applies to the rule:
(a)
a rule described in section 30(2) that requires an existing use of land to comply with it:
(b)
a rule that relates to the use of the affected application consenting process:
(c)
a rule that relates to the use of a market-based allocation method.
Designations under RMA
(10)
Clause 30 of Schedule 6 applies with the following modifications:
(a)
a designation means a designation made under the RMA that—
(i)
has not lapsed during the preparation of the proposed plan; and
(ii)
affects the region; and
(b)
in clause 30(1)(b) of Schedule 6, an associated primary CIP is not relevant for an existing designation in a district plan under the RMA.
7 Region’s NBEA date
The date on which the decisions version of the plan for a region is treated as operative is the region’s NBEA date (see clause 6(7)).
8 Part 2 applies in region on region’s NBEA date
Part 2 of this Act applies in a region on the region’s NBEA date.
RMA plan and policy statement changes after regional spatial strategy is notified
9 How regional spatial strategy affects preparation of plans and policy statements under RMA
(1)
The following must not be inconsistent with any notified or adopted regional spatial strategy:
(a)
a regional plan prepared or changed by a regional council on or after the region’s RSS notification:
(b)
a district plan prepared or changed by a territorial authority on or after the region’s RSS notification date:
(c)
a regional policy statement prepared or changed by a regional council on or after the region’s RSS notification date.
(2)
Subclause (1) is in addition to the matters referred to in sections 62(3), 67(4), and 74(2) of the RMA (as applicable).
RMA plan changes after regional spatial strategy adopted
10 Restrictions on changes to policy statements and plans after regional spatial strategy adopted
Key event: regional spatial strategy adopted
(1)
This clause applies to a local authority—
(a)
whose region is covered by a regional spatial strategy that has been—
(i)
adopted by a regional planning committee; and
(ii)
publicly notified in accordance with clause 7 of Schedule 4 of the Spatial Planning Act 2023; and
(b)
on and from the date that the regional spatial strategy is adopted.
Amendments to policy statement or plan
(2)
The local authority must not commence the preparation of any amendment to its policy statement or plan under Part 1 of Schedule 1 of the RMA unless—
(a)
the local authority is satisfied that the amendment is needed to—
(i)
address an emerging or urgent issue; or
(ii)
recognise a national environmental standard under section 44A of the RMA or a national policy statement under section 55 of the RMA; or
(b)
clause 20A of Schedule 1 of the RMA applies.
Request for changes to policy statement or plan
(3)
The local authority must not accept a request made under clause 21 of Schedule 1 of the RMA to change a district plan, regional plan, or regional coastal plan unless it is satisfied that the change is needed to—
(a)
fix an error in the plan or policy statement; or
(b)
address an emerging or urgent issue; or
(c)
implement a requirement in a national direction instrument.
Applications under section 80C of RMA limited
(4)
The Minister must not accept a request made by a local authority under section 80C of the RMA to use the streamlined planning process to prepare a planning instrument unless the Minister is satisfied that the direction is needed to—
(a)
address an emerging or urgent issue; or
(b)
implement a national direction instrument.
Restrictions on Minister’s ability to call in proposal of national significance
(5)
If section 142(1) of the RMA applies and the matter lodged with the local authority is a planning matter, the Minister must not consider the matter unless satisfied that a direction under that section is needed to—
(a)
address an emerging or urgent issue; or
(b)
implement a national direction instrument.
(6)
If a district plan covers 2 or more regions (or parts of those regions), this clause only affects those regions in which a regional spatial strategy has been notified or adopted.
(7)
In this clause,—
amendment includes any change or variation to a policy statement or plan, including any replacement of it
planning matter means a matter described in any of paragraphs (c) to (f) and (j) to (l) of the definition of matter in section 141 of the RMA.
11 Notification of intensification planning instrument
Key event: notification of draft strategic content
(1)
This clause applies to a territorial authority of a region on and from the date that the region’s draft strategic content are publicly notified under clause 22 of Schedule 6.
Territorial authority must not notify intensification planning instrument
(2)
The territorial authority must not notify any intensification planning instrument (within the meaning of section 80E of the RMA) that covers the region (whether wholly or in part).
12 Review of regional policy statements or plans
If, before a region’s NBEA date, a local authority has commenced but not completed a review of a regional policy statement, regional plan, or district plan,—
(a)
the local authority may continue to complete the review and fulfil its obligations under section 79 of the RMA; but
(b)
any review that is not completed by the region’s NBEA date ceases to have effect.
Subpart 4—Provisions relating to national direction
13 National direction instruments may be amended or issued during transition period
(1)
During any transition period, the Minister for the Environment (or the Minister of Conservation, in the case of amendments to the New Zealand coastal policy statement or provisions of the national planning standards that relate to the coastal marine area) may amend an existing national direction instrument or issue a new national direction instrument under—
(a)
Part 5 of the RMA; or
(b)
a combined process, where the same board of inquiry that is hearing a proposed national planning framework or a change to a national planning framework hears public submissions, and reports its recommendations to the Minister, on the proposed national direction instrument.
(2)
For the purpose of subclause (1)(a), the relevant requirements of Part 5 of the RMA apply with the modifications provided in subclauses (3) and (4).
(3)
If the instrument proposes to amend or issue a national environmental standard or national policy statement (including the New Zealand coastal policy statement),—
(a)
in addition to the matters that must be considered under section 46A(4)(d) or 51(1) of the RMA (as the case requires), the person making the report and recommendations or board of inquiry must also consider the desirability of consistency with this Act:
(b)
in addition to the matters that the Minister must consider under section 44(2)(a) or 52(1)(a) of the RMA (as the case requires), the Minister must also consider the desirability of consistency with this Act.
(4)
If the instrument is a national planning standard,—
(a)
when preparing the report referred to in section 58D(3)(d)(ii) of the RMA, the person making the report must consider the desirability of consistency with this Act:
(b)
in addition to the matters that the Minister must consider under section 58E(1)(a) of the RMA, the Minister must also consider the desirability of consistency with this Act.
(5)
For the purposes of subclause (1)(b), a board of inquiry that conducts a hearing into a proposed national direction instrument and the Minister must follow the relevant requirements of Part 5 of the RMA, with the modifications provided in subclauses (6) and (7).
(6)
If the instrument proposes to amend or issue a national environmental standard or national policy statement (including the New Zealand coastal policy statement),—
(a)
the Minister may establish a process under section 46A(3)(b) of the RMA that involves a board of inquiry appointed under Schedule 5 of this Act making the report and recommendations referred to in section 46A(4)(c) of the RMA:
(b)
in addition to the matters that the board of inquiry must consider under section 46A(4)(d) of the RMA, the board must also consider the desirability of consistency with this Act:
(c)
in addition to the matters that the Minister must consider under section 44(2)(a) or 52(1)(a) of the RMA (as the case requires), the Minister must also consider the desirability of consistency with this Act:
(d)
section 32AA of the RMA does not apply.
(7)
If the instrument is a national planning standard,—
(a)
the Minister may establish a process under section 58D(3)(d) of the RMA that involves a board of inquiry appointed under Schedule 5 of this Act making the report and recommendations referred to in section 58D(3)(d)(ii) of the RMA:
(b)
when preparing the report referred to in section 58D(3)(d)(ii) of the RMA, the board of inquiry must consider the desirability of consistency with this Act:
(c)
in addition to the matters that the Minister must consider under section 58E(1)(a) of the RMA, the Minister must also consider the desirability of consistency with this Act:
(d)
sections 32AA and 58E(1)(b) of the RMA do not apply.
14 Amendment of national direction instruments to remove redundant or duplicative provisions
During any transition period, the Minister for the Environment (or the Minister of Conservation, in the case of amendments to the New Zealand coastal policy statement or provisions of the national planning standards that relate to the coastal marine area) may amend a national direction instrument as if section 44(3), 53(2)(a), or 58H(2) of the RMA applied, if the Minister is satisfied that—
(a)
the content would be more efficiently addressed through the processes in this Act or the Spatial Planning Act 2023; or
(b)
the content is redundant because of the transition from the RMA to this Act and the Spatial Planning Act 2023.
15 Application of clauses 13 and 14
Clauses 13 and 14 of this schedule apply until the decisions versions of the first NBE plans for all regions are treated as operative under clause 6(7).
Subpart 5—Provisions relating to proposals of national significance
16 Restriction on using call-in processes in Part 6AA of RMA
(1)
Subject to clause 10(5), during any transition period,—
(a)
the Minister, at their own initiative, may apply section 142 of the RMA to a matter lodged with a local authority; or
(b)
an applicant or a local authority may request the Minister to apply section 142 of the RMA to a matter; or
(c)
a person may lodge a matter directly with the EPA under section 145 of the RMA.
(2)
If—
(a)
the matter that is the subject of the Minister’s decision, the request, or lodgement is not finally determined before the region’s NBEA date; and
(b)
the matter is not a planning matter,—
Part 6AA of the RMA continues to apply to the matter until it is finally determined.
(3)
(4)
In this clause,—
matter has the meaning given by section 142 of the RMA
planning matter has the meaning given by clause 10(7).
Subpart 6—Consenting
17 When RMA ceases to apply to resource consents in region and when this Act applies
(1)
On a region’s NBEA date, the RMA ceases, except as provided in this subpart, to apply to resource consents and resource consent applications lodged in the region.
(2)
On a region’s NBEA date, this Act applies to—
(a)
resource consent applications lodged with the relevant local authority on or after that date; and
(b)
resource consents granted under the RMA that are treated under clause 18 as resource consents granted under this Act.
18 Resource consents granted under RMA treated as resource consents under this Act
(1)
This clause applies to a resource consent granted under the RMA for an activity in a region if the consent—
(a)
commences on or after the region’s NBEA date; or
(b)
has commenced before the region’s NBEA date and has not expired or lapsed by that date.
(2)
The resource consent is treated as a resource consent granted under this Act—
(a)
on the region’s NBEA date, if it commences before or on that date; or
(b)
on the date that it commences, if it commences after the region’s NBEA date.
(3)
If the resource consent commenced before the region’s NBEA date, the terms and conditions of the consent that applied immediately before that date continue to apply after that date.
(4)
The commencement of the region’s NBEA date does not affect any calculation of time in relation to the resource consent.
(5)
Subclause (2) does not affect the completion of any RMA process that relates to the resource consent and that was initiated before the region’s NBEA date. Any such process must be completed in accordance with Part 6 of the RMA and, to avoid doubt, may result in changes to the conditions of the resource consent.
(6)
In this clause, RMA process means a process under Part 6 of the RMA.
19 Resource consent applications under RMA not determined by region’s NBEA date
(1)
This clause applies to an application under the RMA for a resource consent for an activity in a region if the application—
(a)
was lodged before the region’s NBEA date; but
(b)
has not been determined by or on that date.
(2)
The application must, despite the region’s NBEA date having occurred, continue to be processed and determined under the RMA.
(3)
If the application is granted, clause 18(2) to (6) applies to the resource consent when it commences in accordance with section 116 or 116A of the RMA.
20 Review of conditions or duration of transitioned consent
(1)
A requirement in a plan to review the conditions or duration of a resource consent does not apply to a transitioned consent until all appeals in relation to that requirement have been determined, withdrawn, or dismissed.
(2)
In this clause, a transitioned consent means a resource consent that is treated under clause 18 as a resource consent under this Act.
(3)
See section 243(7).
21 Certain notices under RMA treated as permitted activity notice under this Act
(1)
On a region’s NBEA date, a notice given under section 87BA or 87BB of the RMA (for an activity in the region) before that date is treated as a permitted activity notice given under this Act (see sections 222 and 362).
(2)
Subclause (3) applies to a consent authority if it—
(a)
receives a proposal for an activity under section 87BA of the RMA before the region’s NBEA date but has not made a decision under section 87BA(2)(a) or (b) by that date; or
(b)
commences consideration of whether a particular activity is a permitted activity under section 87BB of the RMA but has not made a decision under section 87BB(1)(d) by that date.
(3)
If this subclause applies,—
(a)
the consent authority must continue to make the decision under section 87BA(2)(a) or (b) or, if applicable, under section 87BB(1)(d) of the RMA; and
(b)
if the consent authority decides to give a notice under section 87BA or 87BB of the RMA, on the date the notice is given, the notice is treated as a permitted activity notice given under section 222 or 362 of this Act.
(4)
The commencement of the region’s NBEA date does not affect any calculation of time in relation to the notice.
22 Certificates of compliance
(1)
On the region’s NBEA date, the RMA ceases to apply to the processing and determination of any request made on or after that date for a certificate of compliance under section 139 of the RMA for an activity in the region.
(2)
No request made on or after the region’s NBEA date for a certificate of compliance under the RMA may be processed.
(3)
If a certificate of compliance under the RMA is issued for an activity in a region and is in force on the region’s NBEA date, the certificate—
(a)
is, on that date, treated as being issued under this Act; and
(b)
lapses on the date it would have lapsed under the RMA.
(4)
If a certificate of compliance under the RMA is issued on or after the region’s NBEA date,—
(a)
on the date that the certificate is issued, the certificate is treated as a certificate of compliance issued under this Act; and
(b)
the certificate lapses on the date it would have lapsed under the RMA.
23 Existing use certificates
(1)
On the region’s NBEA date, the RMA ceases to apply to the processing and determination of any request made on or after that date for a certificate of existing use under section 139A of the RMA relating to land in the region.
(2)
No request made on or after the region’s NBEA date for a certificate of existing use under the RMA relating to land in the region may be processed.
(3)
If a certificate of existing use relating to land in a region is issued under the RMA and is in force on the region’s NBEA date, the certificate—
(a)
is treated as being issued under this Act; and
(b)
lapses on the date it would have lapsed under the RMA.
(4)
If a certificate of existing use under the RMA is issued on or after the region’s NBEA date,—
(a)
on the date that the certificate is issued, the certificate is treated as a certificate of existing use issued under this Act; and
(b)
the certificate lapses on the date it would have lapsed under the RMA.
24 Affected resource consents under RMA
(1)
In this clause,—
affected resource consent has the meaning given in clause 38 of Part 6 of Schedule 12 of the RMA
Part 6 of Schedule 12 of the RMA means Part 6 of Schedule 12 of the RMA as inserted by section 805 and Part 4 of Schedule 16 of this Act.
(2)
If an application for a resource consent is lodged with a consent authority before Part 6 of Schedule 12 of the RMA comes into force and the application would otherwise have been an affected resource consent,—
(a)
the application must be processed and determined under the RMA as if this Act had not been enacted; and
(b)
clauses 17 and 18 of this schedule apply accordingly.
25 Financial contributions made under RMA
If a consent granted under the RMA is treated as a consent granted under this Act, an environmental contribution cannot be required for the activity (to which the consent relates) if a financial contribution has already been made in accordance with the RMA.
26 Original activity category applies despite changes to plan
(1)
If a resource consent application is lodged on or after a region’s NBEA date and the plan is later altered in a way that affects the activity category for the rule to which the activity relates, the consent authority must—
(a)
process, consider, and decide the application in accordance with the activity category that applied when the application was first lodged; but
(b)
for the purpose of section 286(2)(c)(i), (2)(d)(i), and (2)(e), have regard to the plan that exists at the time it considers the application.
(2)
In this clause, resource consent application means an application for resource consent for an activity in a region made under section 239 or clause 60 of Schedule 10.
Subpart 7—Provisions relating to fast-track consenting
Matters started or completed before region’s NBEA date
27 Application of clauses 28 to 33
Clauses 28 to 33 apply in relation to any of the following if it is made or lodged under Part 2 of Schedule 10 for an activity in a region before the region’s NBEA date:
(a)
a referral application:
(b)
an application for a resource consent:
(c)
a notice of requirement for, or to alter, a designation.
28 Modifications to Part 2 of Schedule 10
(1)
Part 2 of Schedule 10 applies to the referral application, resource consent application, or notice of requirement with all necessary modifications, including those set out in subclause (2).
(2)
The clauses specified in the first column of the following table are modified as set out in the second column:
| Clause of Schedule 10 | Modification | |
|---|---|---|
| 13 | Read the definition of usual consenting pathway as if it were replaced with: usual consenting pathway means the standard processes under the Resource Management Act 1991 for processing a resource consent application or notice of requirement. |
|
| 16(3)(a) | Read this clause as if it were replaced with: (a)support a well-functioning urban environment as defined in the National Policy Statement on Urban Development 2023; and |
|
| 18(7)(b)(iii) | Read the reference to this Act as a reference to the Resource Management Act 1991 |
|
| 22(2)(c)(i) | Read the reference to section 239 of this Act as a reference to section 88 of the Resource Management Act 1991 |
|
| 22(2)(c)(ii) | Read the reference to sections 517 to 520 of this Act as a reference to sections 168, 168A, and 176A of the Resource Management Act 1991 |
|
| 25(2) | Read the reference to section 354 of this Act as a reference to section 139 of the Resource Management Act 1991 |
|
| 26(2)(b)(ii) | Read this clause as if it were replaced with: (ii)for whom the panel considers the activity is relevant. |
|
| 33 and 34 | Read these clauses as if they were replaced with: 28 Consideration of resource consent application or notice of requirement and imposition of conditions(1) If the panel is considering a resource consent application,— (a)section 149P(2) of the Resource Management Act 1991 applies as if the panel were a board of inquiry; and (b)section 220 of that Act applies with the necessary modifications. (2) If the panel is considering a notice of requirement, section 149P(4) and (4A) of the Resource Management Act 1991 applies as if the panel were a board of inquiry. |
|
| 35 | Read the reference to sections 326, 335, and 336 of this Act as a reference to section 123 of the Resource Management Act 1991 |
|
| 39(3)(a) | Read the reference to the territorial authority’s plan as a reference to its district plan and any proposed district plan | |
| 40(2) | Read this clause as if it were replaced with: (2) The territorial authority must, as soon as practicable and without using Schedule 1 of the Resource Management Act 1991,— (a)include the designation in its district plan and any proposed district plan as if it were a rule in accordance with the requirement as issued or modified in accordance with the RMA; and (b)state in its district plan and in any proposed district plan the name of the requiring authority that has the benefit of the designation. |
|
| 42(2) | Read the reference to clauses 80 to 87 of Schedule 13 of this Act as a reference to sections 300 to 307 of the Resource Management Act 1991 |
29 Referral applications not decided by region’s NBEA date
If the Minister has not decided a referral application before the relevant region’s NBEA date,—
(a)
Part 2 of Schedule 10 as modified by this subpart continues to apply to the referral application until notice of the decision on the application is given:
(b)
the modifications set out in this subpart do not apply in relation to any resource consent application or notice of requirement that is lodged for all or part of the activity covered by the referral application.
30 Resource consent applications not decided before region’s NBEA date
If a panel has not decided a resource consent application before the relevant region’s NBEA date,—
(a)
Part 2 of Schedule 10 as modified by this subpart continues to apply to the application until notice of the panel’s decision is given:
(b)
clause 31 does not apply to any resource consent that is granted as a result of the decision.
31 Resource consents granted before region’s NBEA date
(1)
If a panel grants a resource consent before the relevant region’s NBEA date, the consent is deemed to be a resource consent granted under the RMA.
(2)
This clause is subject to clause 18.
32 Notices of requirement not decided before region’s NBEA date
If a panel has not decided a notice of requirement before the relevant region’s NBEA date,—
(a)
Part 2 of Schedule 10 as modified by this subpart continues to apply to the notice of requirement until notice of the panel’s decision is given:
(b)
the modifications in clause 32 to clauses 39(3)(a) and 40(2) of Schedule 10 do not apply to any designation that is confirmed as a result of the decision.
33 Designations not included in district plan before region’s NBEA date
If a panel confirms a designation but it is not included in a district plan or proposed district plan before the relevant region’s NBEA date, the modifications in clause 32 to clauses 39(3)(a) and 40(2) of Schedule 10 stop applying in relation to the designation on that date.
Resource consent applications lodged during applicable interim period
34 Applications for affected resource consents
(1)
This clause applies to an application for an affected resource consent that is lodged under clause 22 of Schedule 10 during the applicable interim period.
(2)
Before an authorised person lodges the application,—
(a)
the person must provide a copy of the application to the relevant consent authority; and
(b)
the consent authority must provide the person with the authority’s assessment of—
(i)
whether the application is for an affected resource consent; and
(ii)
if it is, whether clause 40 of Schedule 12 of the RMA applies.
(3)
The authorised person must include the assessment in the application that they lodge with the EPA (and clause 23 of Schedule 10 applies as if this were required by clause 22(2) of that schedule).
(4)
The panel that considers the application must determine the duration of the consent in accordance with clause 39(2) of Schedule 12 of the RMA if—
(a)
the consent authority’s assessment is that—
(i)
the application is for an affected resource consent; and
(ii)
clause 40 of Schedule 12 of the RMA does not apply; and
(b)
the panel grants the consent before the end of the applicable interim period.
(5)
To avoid doubt, this clause applies to an application described in subclause (1) regardless of whether any of clauses 28 to 33 also apply in relation to the application.
(6)
In this clause, affected resource consent and applicable interim period have the meanings given in clause 38 of Schedule 12 of the RMA.
Procedural and administrative matters
35 Nomination of panel members by regional planning committees
Clause 46(3)(b) of Schedule 10 does not apply in relation to an activity in a region until the region’s regional planning committee is appointed.
36 Conduct of hearings and other procedural matters in context of Treaty settlements and other arrangements
(1)
This clause applies if any Treaty settlement Act, iwi participation legislation, Mana Whakahono ā Rohe, or joint management agreement includes procedural arrangements relating to the appointment of a decision-making body for hearings and other procedural matters, such as the following:
(a)
a requirement for iwi or hapū to participate in the appointment of hearing commissioners to decide resource consent applications or notices of requirement lodged under the Resource Management Act 1991:
(b)
a requirement that notice be given to any person or specified class of person of any steps in a resource management process:
(c)
any consultation requirements with iwi or hapū:
(d)
any other matter of procedure for deciding resource consent applications or notices of requirement lodged under the Resource Management Act 1991.
(2)
The Chief Environment Court Judge or panel must either—
(a)
comply with the arrangements in the Treaty settlement Act, iwi participation legislation, or agreements referred to in subclause (1) as if they were a local authority; or
(b)
obtain the agreement of the relevant Treaty settlement entity or iwi authority to adopt a modified arrangement that is consistent with achieving the purpose of this Act, the Treaty settlement Act, iwi participation legislation, or agreements.
(3)
The relevant Treaty settlement entity or iwi authority may not unreasonably withhold their agreement to a modified arrangement (as described in subclause (2)(b)).
(4)
If the Chief Environment Court Judge or panel are unable to obtain agreement under subclause (2)(b) (in circumstances where that agreement is not unreasonably withheld), they must immediately—
(a)
stop processing the resource consent application or notice of requirement; and
(b)
return the application or notice to the authorised person who lodged it.
(5)
In this clause, iwi participation legislation, Mana Whakahono ā Rohe, and joint management agreement have the meanings given in section 2(1) of the Resource Management Act 1991.
Subpart 8—Provisions relating to designations
37 Application of subpart 1 of Part 9 of this Act in regions
(1)
Despite section 2(2), subpart 1 of Part 9 (except sections 513 to 515) of this Act applies in relation to a region only on and after the region’s NBEA date.
(2)
Sections 513 to 515 of this Act apply generally from the time they come into force under section 2(2) (which is 3 months after Royal assent).
(3)
Sections 166 to 186 of the RMA continue to apply to the extent provided in this subpart.
38 Meaning of requiring authority under section 166 of RMA
For the purposes of applying the RMA under this subpart, on the commencement of sections 513 to 515 of this Act, the definition of requiring authority in section 166 of the RMA must be treated as including a requiring authority approved under this Act and a council-controlled organisation (as defined in the Local Government Act 2002).
39 Status of existing requiring authorities and applications under RMA to become requiring authorities
(1)
Every person or entity that is a requiring authority under Part 8 of the RMA immediately before the commencement of sections 513 to 515 must be treated as a requiring authority for the purposes of this Act.
(2)
An application to become a requiring authority under Part 8 of the RMA may be made at any time before the commencement of sections 513 to 515.
(3)
An application to become a requiring authority under Part 8 of the RMA that is lodged before the commencement of sections 513 to 515 but not determined by or on that commencement date must continue to be processed in accordance with section 167 of the RMA.
(4)
Until subpart 1 of Part 9 of this Act applies in relation to a region, sections 167(5) and (6) and 180 of the RMA apply in relation to the revocation and transfer of any approval of a requiring authority in the region given under the RMA or this Act during that period, except that—
(a)
section 167(5)(c) of the RMA does not apply to an applicant that is not a network utility operator; and
(b)
section 516(4) of this Act applies from the time the transitional national planning framework is made under section 103.
40 Application of section 515(2) and (3)
(1)
Section 515(2) and (3) does not apply until the transitional national planning framework is made under section 103.
(2)
From the commencement of sections 513 to 515 until the transitional national planning framework is made under section 103, the Minister must publish on an Internet site to which the public has free access a list of—
(a)
requiring authorities approved under Part 8 of the RMA; and
(b)
requiring authorities approved under section 513.
(3)
The published requiring authority list must be updated whenever requiring authorities are approved or an approval is revoked.
(4)
The transitional national planning framework must include a schedule of requiring authorities that lists—
(a)
all requiring authorities approved under Part 8 of the RMA that have not been revoked; and
(b)
all requiring authorities that have been approved under section 513 that have not been revoked.
41 Requirement to consider regional spatial strategy when RMA process applies
(1)
In addition to the provisions in sections 168A and 171 of the RMA that apply to a territorial authority when considering a notice of requirement and any submissions received, a territorial authority must also consider the relevant provisions of the regional spatial strategy adopted for the region (if any) (as if sections 168A(3)(a) and 171(1)(a) of the RMA expressly required its consideration).
(2)
Subclause (1) applies from the commencement of sections 513 to 515.
42 Continued application of Part 8 of RMA to notices of requirement
(1)
If a notice of requirement for a designation is lodged but not confirmed before the region’s NBEA date, the notice of requirement must continue to be processed under Part 8 of the RMA, and that Part applies accordingly.
(2)
Section 178 of the RMA (which relates to the interim effect of requirements for designations) applies to the notice of requirement and the designation to which the notice relates, except that, where the notice of requirement is confirmed after the notification of the decisions version of the NBE plan, section 178(4)(c) applies as if it referred to the day on which the designation is included in the NBE plan.
43 Transition to Part 9 of this Act
(1)
If a notice of requirement is lodged with a territorial authority under the RMA but not confirmed before the region’s NBEA date, and the notice is lodged within the 40 days preceding the regional planning committee’s notification of its proposed first NBE plan, the following modifications apply to the RMA provisions:
(a)
the regional planning committee may invite the requiring authority to agree to include the notice of requirement in the proposed first NBE plan:
(b)
if the requiring authority agrees that the notice of requirement should be included in the proposed first NBE plan, the territorial authority must transfer the notice of requirement to the regional planning committee for processing:
(c)
if the requiring authority declines the invitation and instead proceeds with confirming the notice of requirement separately from the plan development process, the territorial authority must continue to process the notice of requirement under Part 8 of the RMA.
(2)
Unless clause 30 of Schedule 6 applies, if a notice of requirement is processed under Part 8 of the RMA and confirmed before the region’s NBEA date,—
(a)
the designation must be included in the district plan under the RMA; and
(b)
the regional planning committee must, without following the relevant process set out in subpart 1 of Part 9 of this Act, include the designation in the decisions version of its NBE plan on notification.
(3)
(4)
A requiring authority may continue to submit outline plans for an RMA designation existing in a district plan until the region’s NBEA date.
(5)
Sections 184 and 184A of the RMA (which relate to the lapsing of designations after 5 years if not given effect to) continue to apply to district plan designations in effect immediately before the region’s NBEA date; however, the designation lapsing provisions in this Act (after 10 years if not given effect to) apply to new designations confirmed after the region’s NBEA date.
(6)
From the region’s NBEA date,—
(a)
the RMA provisions relating to designations cease to apply in relation to the region, except as provided in subclause (5):
(b)
subpart 1 of Part 9 of this Act applies in relation to the region:
(c)
any process commenced under section 167(5) of the RMA to revoke an approval of a requiring authority but not completed before the commencement of subpart 1 of Part 9 of this Act may be completed under section 516 of this Act:
(d)
secondary CIPs must be submitted to the territorial authority instead of outline plans under the RMA.
(7)
For a secondary CIP submitted in relation to a notice of requirement processed and confirmed under the RMA, and included in a regional planning committee’s NBE plan, section 523 of this Act applies as if—
(a)
for subsections (1) and (2) of that section there were substituted the following provision:
“Within 20 working days after receiving the secondary CIP, the territorial authority may request the requiring authority to make changes to the secondary CIP”
:
(b)
in subsection (5) of that section, the reference to subsection (1)(b)(ii) of that section were a reference to the substituted provision set out in paragraph (a) of this subclause.
Subpart 9—Provisions relating to heritage orders under RMA
44 Application
(1)
Subpart 2 of Part 9 of this Act (sections 560 to 554) applies in a region on and after the region’s NBEA date.
(2)
Sections 187 to 198 of the RMA, as far as they are applicable, continue to apply in the manner provided in this subpart to applications for heritage protection authority status and notices of requirement under any of those provisions that are made or given before the region’s NBEA date.
45 Status of existing heritage protection authorities and authorities subsequently confirmed under RMA
(1)
Every heritage protection authority approval under section 188 of the RMA that is in force immediately before the commencement of subpart 2 of Part 9 of this Act must be treated as an approval given under section 560 of this Act for the purposes of heritage orders for which the authority is responsible under the RMA and on the same terms as approved under section 188 of the RMA.
(2)
Subclauses (3) and (4) apply if an application under section 188 of the RMA by a body corporate to be approved as a heritage protection authority is made but not determined before the region’s NBEA date.
(3)
The application must continue to be processed and determined under section 188 of the RMA.
(4)
If approved under section 188 of the RMA, the applicant must be treated as a heritage protection authority approved under section 560 of this Act for the purposes of heritage orders for which the authority is responsible under the RMA and on the same terms as approved under section 188 of the RMA.
46 Notices of requirement for heritage order under RMA: notification decision made before first NBE plan notified
(1)
This clause applies if, before the region’s NBEA date,—
(a)
a notice of a requirement for a heritage order has been given under section 189 or 189A of the RMA; and
(b)
the territorial authority has decided whether to give public or limited notification of the notice.
(2)
The territorial authority must continue to process and confirm the notice of requirement under the RMA heritage order processes as if the relevant provisions of Part 9 of this Act had not taken effect.
(3)
If the heritage order is confirmed under the RMA heritage order processes, clause 47 applies.
47 Transitioning heritage orders into NBE plans
(1)
This clause applies to heritage orders in force on notification of the proposed first NBE plan and heritage orders subsequently confirmed under the RMA heritage order processes.
(2)
A heritage protection authority responsible for a heritage order must decide to transition the order into the heritage protection order regime in this Act either by means of option 1 or option 2 set out in this clause, and different orders may be transitioned by different means.
Option 1—transition without submissions and hearing process
(3)
If the heritage protection authority decides to adopt this option, it continues to be the approval authority for the heritage order, it must notify the regional planning committee of its decision, and the following provisions apply:
(a)
the regional planning committee must include provisions in its proposed first NBE plan that give effect to the protection proposed by the heritage protection authority, with the same effect as the heritage order had under the RMA:
(b)
despite anything in Schedule 6 of this Act, no submissions may be heard on the protection proposed by the heritage protection authority and no hearing under that schedule may consider the proposed protection:
(c)
a proportionate plan change process under section 567 of this Act is not required if the process in this subclause is followed:
(d)
until the NBE plan has effect, the heritage order must be treated as having legal effect as a heritage protection order for the purposes of sections 563, 564, and 569 of this Act:
(e)
sections 197 and 198 of the RMA (which relate to compulsory acquisition powers) continue to apply in relation to heritage orders being transitioned into an NBE plan under this subclause.
Option 2—transition with submissions and hearing process
(4)
If the heritage protection authority decides to adopt this option, it must notify the regional planning committee of its decision and the following provisions apply:
(a)
the heritage protection authority must provide to the regional planning committee the information required by section 562(5) of this Act within 4 months after the first NBE plan is notified:
(b)
the regional planning committee must follow the process set out in sections 566 and 567 of this Act, during which time the heritage protection authority may amend its proposed protection outlined in the information provided under section 562(5)(d) and any other relevant information provided by it:
(c)
a proportionate plan change process under section 567 of this Act is not required if the process in this subclause is followed:
(d)
until the protection proposed by the heritage protection authority is notified in the proposed first NBE plan, the heritage order must be treated as having legal effect as a heritage protection order for the purposes of sections 563, 564, and 569 of this Act:
(e)
sections 197 and 198 of the RMA (which relate to compulsory acquisition powers) do not apply in relation to heritage orders being transitioned into an NBE plan under this subclause:
(f)
once the protection proposed by the heritage protection authority is notified in the proposed first NBE plan,—
(i)
that protection has legal effect and, as part of the proposed plan, is subject to the submissions, hearings, and approval process in Schedule 6 of this Act:
(ii)
the written approval of the heritage protection authority is required for any relevant non-notified resource consent application or permitted activity notice:
(iii)
the heritage protection authority must be notified of any relevant notified or limited notified resource consent, or of any relevant plan provisions proposed through the plan-making process.
Subpart 10—Provisions relating to water conservation orders
48 Water conservation orders made under Part 9 of RMA
(1)
Part 9 of the RMA continues to apply in a region until the region’s NBEA date.
(2)
Subpart 1 of Part 7 applies in a region on and from the region’s NBEA date.
(3)
On the region’s NBEA date, water conservation orders made under the RMA—
(a)
are recognised, and treated as having been made, under this Act; and
(b)
must be given effect to in the relevant region by the regional planning committee in making its plan (see section 171(2)(h)).
(4)
A provision of a proposed plan that gives effect to a water conservation order granted under the RMA cannot be submitted on or considered during the hearings process for the plan.
49 Applications for orders made, but not completed, under Part 9 of RMA
(1)
This subclause applies to an application for a water conservation order, or to revoke or amend a water conservation order, that has not proceeded to the point where there is no further right of appeal.
(2)
The application must proceed and be determined in accordance with the RMA, as if this Act had not been enacted.
Subpart 11—Provisions relating to joint management agreements and Mana Whakahono ā Rohe
Joint management agreements
50 Saving of joint management agreements made under RMA
(1)
A joint management agreement made under any provision of the RMA and in existence immediately before the day on which this Act receives Royal assent continues to exist in accordance with its terms on and after that day.
(2)
If the process to set up a joint management agreement has been initiated under the RMA but not finalised before the day on which this Act receives Royal assent, the parties to the process—
(a)
may continue under the RMA until an agreement is made final; or
(b)
may discontinue the process in favour of setting up a new agreement under this Act.
(3)
No person may initiate a joint management agreement under the RMA on or after the day on which this Act receives Royal assent.
(4)
Joint management agreements saved or finalised and saved under this clause must be transitioned in accordance with clause 51 of Schedule 1, and with the provisions of Schedule 2 and any regulations made under clause 5 of Schedule 2.
51 Transitioning of joint management agreements
(1)
The iwi, hapū, or post-settlement governance entities that are parties to a joint management agreement described in clause 50(1) and the Crown must—
(a)
enter into an agreement to transition from the joint management agreement to the arrangement provided for by this Act; and
(b)
agree the transitioned joint management agreement; and
(c)
comply with the provisions of Schedule 2 and any regulations made under clause 5 of Schedule 2.
(2)
Before an agreement is entered into, however, the Minister must consult the local authority party to the joint management agreement on the agreement proposed to apply under this Act, including decisions on how the joint management functions will be split between the local authority and the regional planning committee.
(3)
The parties to a proposed joint management agreement described in clause 50(2) must agree either—
(a)
to follow the process set out in subclause (1); or
(b)
to discontinue the process.
(4)
Any joint management agreement made under this Act or transitioned from an agreement under the RMA to one under this Act may provide for the exercise and performance of functions, powers, and duties under the RMA relevant to the agreement until the earlier of the following:
(a)
the date on which a function, power, or duty is transitioned for a region from the RMA system to the system under this Act; and
(b)
the region’s NBEA date.
(5)
The Minister may assign a joint management agreement, or parts of such an agreement, to the extent that it relates to the functions of the regional planning committee, to the relevant regional planning committee (rather than to the relevant local authority) under an agreement with iwi, hapū, or a post settlement governance entity.
(6)
A joint management agreement reached under subclause (1)(a) is a joint management agreement under this Act.
52 Transfer of functions, powers, and duties
(1)
Before the NBEA date in a region, a local authority may transfer under section 650(1) any of the functions, powers, or duties under the RMA that—
(a)
it could exercise or perform at the time of the transfer; or
(b)
it could transfer under section 33 of the Resource Management Act 1991; or
(c)
is an equivalent function, power, or duty that it will hold under this Act from the NBEA date for the region.
(2)
On the NBEA date for a region, a transfer that was previously made under section 33 of the Resource Management Act 1991 must be treated as having been made under section 57 of this Act.
(3)
Subclause (2) applies only if the local authority that made the transfer under section 33 of the Resource Management Act 1991 still holds the equivalent function, power, or duty under this Act.
Mana Whakahono ā Rohe arrangements
53 Saving of Mana Whakahono ā Rohe arrangements entered into under RMA
(1)
A Mana Whakahono ā Rohe arrangement entered into under subpart 2 of Part 5 of the RMA and in existence immediately before the day on which this Act receives Royal assent continues to exist in accordance with its terms on and after that day.
(2)
If the process to set up a Mana Whakahono ā Rohe has been initiated under the RMA but not finalised before the day on which this Act receives Royal assent, the parties to the process—
(a)
may continue under the RMA until a Mana Whakahono ā Rohe arrangement is made final under that Act; or
(b)
may discontinue the process in favour of setting up a new Mana Whakahono ā Rohe under this Act.
(3)
Mana Whakahono ā Rohe arrangements saved, or finalised and saved, under this clause must be transitioned in accordance with clause 54 of Schedule 1 and with the provisions of Schedule 2 and any regulations made under clause 5 of Schedule 2.
(4)
No person may initiate a Mana Whakahono ā Rohe under the RMA on or after the day on which this Act receives Royal assent.
54 Transition of Mana Whakahono ā Rohe arrangements
(1)
The iwi, hapū, or post-settlement governance entities that are parties to a Mana Whakahono ā Rohe described in clause 53(1) and the Crown must—
(a)
enter into an agreement to transition from the Mana Whakahono ā Rohe to the arrangement provided for by this Act; and
(b)
agree the transitioned Mana Whakahono ā Rohe; and
(c)
comply with the provisions of Schedule 2 and any regulations made under clause 5 of Schedule 2.
(2)
Before an agreement is entered into, however, the Minister must consult the local authority party to the Mana Whakahono ā Rohe on the arrangement proposed to apply under this Act, including decisions on how the responsibilities for the Mana Whakahono ā Rohe will be split between the local authority and the regional planning committee.
(3)
The parties to a proposed Mana Whakahono ā Rohe described in clause 53(2) must agree either—
(a)
to follow the process set out in subclause (1); or
(b)
to discontinue the process.
(4)
A Mana Whakahono ā Rohe made under this Act or transitioned from an arrangement under the RMA to an arrangement under this Act may require, as part of the contents of the transitioned arrangement, that the exercise of functions, powers, and duties relevant to the arrangement be continued under the RMA until the earlier of—
(a)
the date on which a function, power, or duty is transitioned from the RMA system to the system under this Act; and
(b)
the region’s NBEA date.
(5)
The Minister may assign, under an agreement with iwi, hapū, or post-settlement governance entities, as relevant, a Mana Whakahono ā Rohe, or parts of one, to the relevant regional planning committee rather than to the relevant local authority, but only to the extent that the Mana Whakahono ā Rohe, or any part of it, relates to the functions of the regional planning committee.
(6)
An agreement reached under subclause (1)(a) is an agreement for the purposes of this Act.
Subpart 12—Provisions relating to contaminated land
55 How provisions in subpart 4 of Part 7 take effect
(1)
Section 407(1)(a), (e)(i), and (2) apply on and after commencement.
(2)
Sections 409 to 414 apply on and after commencement.
(3)
The balance of subpart 4 of Part 7 applies in relation to a region on and after the region’s NBEA date.
56 Powers of EPA in relation to significant contaminated land sites
If before a region’s NBEA date, the Minister classifies a site in the region as a significant contaminated land site, the EPA’s role in section 410 as lead regulator in relation to that site is subject to the following modifications:
(a)
until the region’s NBEA date occurs, the EPA has only the functions and powers of a local authority and regional council under the RMA as if the site were contaminated land under the RMA; and
(b)
when the region’s NBEA date occurs, the EPA ceases to have those functions and powers and instead has the functions and powers of a local authority and regional council described in section 410.
Subpart 13—Provisions relating to freshwater farm plans
57 Relevant date defined
In this subpart, relevant date means, in relation to a region to which Part 9A of the RMA applies (by virtue of an Order in Council made under section 217C of the RMA), that region’s NBEA date.
58 Effect of Order in Council made under section 217C of RMA
If Part 9A of the RMA applies to a region by virtue of an Order in Council made under section 217C of the RMA,—
(a)
that region is, on the relevant date, treated as a region to which subpart 2 of Part 7 applies; and
(b)
the Order in Council made under section 217 of the RMA continues as if it were an Order in Council made under section 387.
59 Freshwater farm plans
A freshwater farm plan that has been certified in accordance with regulations made under section 217M of the RMA is, on the relevant date, treated as if it were a freshwater farm plan certified in accordance with regulations made under section 398 of this Act.
60 Certifiers and auditors appointed under RMA
A certifier or auditor appointed by a regional council under section 217K of the RMA is, on the relevant date, treated as if they were a certifier or auditor appointed under section 395 of this Act.
Subpart 14—Provisions relating to subdivision of land
61 Application of Part 10 and Schedule 11 of this Act in regions
(1)
Despite section 2(2), Part 10 and Schedule 11 of this Act apply in relation to a region only on and from the region’s NBEA date.
(2)
Until Part 10 and Schedule 11 apply in relation to a region, sections 355 and 355A, Part 10, and Schedule 10 of the RMA apply in relation to the region, subject to any modifications in this subpart.
62 Transitional arrangements for deemed subdivision consents and consents for reclamation
(1)
On and from the date when resource consents granted under the RMA are treated as resource consents under this Act (see clause 18), the provisions of this Act relevant to a subdivision consent or to a consent for a reclamation apply in place of the provisions of the RMA for the process and any action that has not commenced under the RMA.
(2)
If a process has begun under the RMA in relation to a subdivision consent or consent for a reclamation before the decisions version of a relevant plan has been notified, that process continues in accordance with the RMA.
(3)
If a provision under this Act relating to survey plan requirements has been complied with under the equivalent provision of the RMA, any reference to another provision in this Act must be read as including a reference to the equivalent provision in the RMA.
(4)
If a survey plan for a subdivision or reclamation has been approved under section 223 or 245 of the RMA before the decisions version of the plan is notified under this Act, the 3-year period provided for under section 585(1) or 606(3) of this Act lapses at the same time as it would have lapsed under section 224H or 246(2) of the RMA.
(5)
In the case of a consent for a reclamation obtained under the RMA, the requirement of section 604(1)(a) is replaced by a requirement that the reclamation must conform with the relevant provisions of the regional plan made under the RMA.
(6)
Any condition imposed in relation to a subdivision consent or consent for reclamation granted under the RMA, including any bond or covenant imposed by a condition, must be treated as the equivalent of a condition imposed, or bond or covenant entered into, under this Act.
Subpart 15—Provisions relating to compliance and enforcement
63 Interpretation
In this subpart, commencement means the start of the day after the day on which this Act receives the Royal assent.
64 Application of Part 4 of RMA and part of Part 3 of this Act during transition period
(1)
If there is any inconsistency arising between the operation of section 30 of the RMA (regional councils) and sections 49 and 50 (regional councils and unitary authorities) of this Act during the transition period in any region,—
(a)
section 30 of the RMA prevails in relation to actions of the local authority taken under Part 4 of the RMA; and
(b)
sections 49 and 50 prevail in relation to actions taken under Part 3 of this Act.
(2)
If there is any inconsistency arising between the operation of section 31 of the RMA (territorial authorities) and sections 51 and 52 of this Act (territorial authorities and unitary authorities) during the transition period in any region,—
(a)
section 31 of the RMA prevails in relation to actions of the local authority taken under Part 4 of the RMA; and
(b)
sections 51 and 52 prevail in relation to actions taken under Part 3 of this Act.
65 Enforcement action for breaches of RMA available on commencement
Breaches of RMA committed before commencement
(1)
All proceedings, abatement notices, enforcement orders, and infringement notices pending or in progress at commencement in respect of a breach or alleged breach of the RMA may be continued, completed, and enforced under the RMA as if this Act had not been passed.
(2)
An abatement notice under section 322 of the RMA may include a requirement that a person take preventative action to avoid actual or likely adverse effects on the environment, as if that section included section 649(1)(d) and (e) of this Act.
(3)
An enforcement officer authorised under section 38 of the RMA may continue to carry out all or any of the functions and powers of an enforcement officer under that Act in any case to which this clause applies.
(4)
In addition, the enforcement officer must be treated as if authorised as an enforcement officer under section 725 of this Act and may carry out all or any of the functions and powers of an enforcement officer under this Act as if this Act applied to the breach or alleged breach.
(5)
An enforcement officer who holds a warrant issued under section 725 of this Act may carry out all or any of the functions and powers of an enforcement officer under the RMA or this Act in any case to which this clause applies.
Enforcement action available for any breach of RMA available on commencement
(6)
Subclauses (7) to (10) apply to any breach or alleged breach of the RMA committed before or on or after commencement.
(7)
Subpart 3 of Part 11 of this Act (sections 674 to 691) applies as if—
(a)
the relevant consent authority under the RMA were an NBE regulator; and
(b)
the relevant consent authority under the RMA may impose a condition on a resource consent that requires a person undertaking an activity to provide a financial assurance.
(8)
A consent authority may, when considering an application for a resource consent under the RMA, consider any prior non-compliance by the applicant in relation to the RMA and for which enforcement action has been taken under that Act, as if section 104(1) of the RMA included section 286(5) of this Act.
(9)
Section 327(3) of the RMA applies as if for “72 hours”
there were substituted “8 days”
.
(10)
Section 636 of this Act applies to proceedings for any breach or alleged breach of the RMA as if the RMA included that section.
66 Enforcement action for breach of RMA available on commencement, where breach committed on or after commencement
(1)
Subclauses (2) to (6) apply to any breach or alleged breach of the RMA committed on or after commencement.
(2)
A breach of a condition of a resource consent must be treated as an offence against section 338(1) of the RMA, as if that provision included section 701(1)(c) of this Act.
(3)
For the purposes of applying the provisions of the RMA in any case to which this clause applies,—
(a)
section 338(4) of the RMA applies as if for “12 months”
there were substituted “2 years”
:
(b)
section 339(1) of the RMA applies as if—
(i)
for “2 years”
there were substituted “18 months”
:
(ii)
for “$300,000”
there were substituted “$1,000,000”
:
(iii)
for “$600,000”
there were substituted “$10,000,000”
:
(c)
section 339(1A) of the RMA applies as if, after “$10,000”
, there were substituted “in the case of an individual and $50,000 in any other case”
:
(d)
section 339(2) of the RMA applies as if—
(i)
for “$10,000”
there were substituted “$15,000”
:
(ii)
for “$1,000”
there were substituted “$1,500”
:
(e)
section 339(3) of the RMA applies as if for “$1,500”
there were substituted “$5,000”
.
(4)
Section 343C of the RMA applies in relation to an infringement offence against the RMA as if it included section 709(4) of this Act.
(5)
If the consent authority is satisfied that the breach or alleged breach is an ongoing and severe non-compliance with the RMA in relation to a resource consent, the consent authority may apply to the Environment Court for an order under section 661 of this Act, which applies as if the RMA included that section and applies whether the resource consent was issued before or on or after commencement.
(6)
A consent authority may require a person to pay any reasonable costs incurred on or after commencement by the consent authority in, or incidental to, taking any action in connection with monitoring or enforcing the person’s compliance with the RMA, and section 722 of this Act applies as if the RMA included that section and applies whether the consent authority became aware of the breach or alleged breach before or on or after commencement.
67 Enforcement action for breach of RMA that is available 6 months after commencement
(1)
This clause applies to any breach or alleged breach of the RMA committed on or after the day that is 6 months after commencement.
(2)
Section 314(1) of the RMA applies in relation to any breach or alleged breach in relation to a resource consent as if it included power to make an adverse publicity order under section 673 and accept an enforceable undertaking under section 665 of this Act.
(3)
From the start of the day that is 6 months after commencement, the relevant enforcement authority may perform or exercise the functions or powers in any of the following provisions of this Act in relation to the breach or alleged breach:
(a)
sections 665 to 672 (enforceable undertakings):
(b)
section 673 (adverse publicity orders).
(4)
Those provisions apply in addition to the relevant provisions of the RMA that apply in relation to the breach or alleged breach.
68 Enforcement action for breach of RMA that is available 2 years after commencement
(1)
This clause applies to any breach or alleged breach of the RMA committed on or after the day that is 2 years after commencement.
(2)
Section 314(1) of the RMA applies in relation to any breach or alleged breach as if it included power to make a monetary benefit order under section 660 and impose a pecuniary penalty under section 717 of this Act.
(3)
From the start of the day that is 2 years after commencement, the relevant enforcement authority may perform or exercise the functions or powers in any of the following provisions of this Act in relation to the breach or alleged breach:
(a)
section 660 (monetary benefit orders):
(b)
sections 717 to 721 (pecuniary penalties).
(4)
Those provisions apply in addition to the relevant provisions of the RMA that apply in relation to the breach or alleged breach.
69 When first NBE plan able to be enforced
On the region’s NBEA date, the plan becomes enforceable under this Act and must be treated as the region’s operative plan for the purposes of Part 11 of this Act.
70 Regulations relating to this subpart
(1)
Without limiting section 801(1)(l) to (n), the Governor-General may from time to time, by Order in Council, make regulations that—
(a)
impose constraints or limitations on the use or application of the new enforcement measures available under this Act that are specified in this subpart for the purpose of enforcing breaches or alleged breaches of the RMA during the transition period:
(b)
impose different constraints or limitations for different cases on any differential basis (for example, for different geographical areas, activities, or breaches or alleged breaches of the RMA).
(2)
The Resource Management (Infringement Offences) Regulations 1999 apply as if a reference in those regulations to an offence under the RMA included the corresponding offence (if any) under this Act.
(3)
When a regional planning committee notifies its first plan under clause 128 of Schedule 6 or regulations made under section 775 of this Act take effect, whichever is the later, the Resource Management (Infringement Offences) Regulations 1999 cease to apply in relation to that region.
(4)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this clause | ||||
| 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. | ||||
71 Application and expiry of transitional measures
(1)
This subpart and regulations made under clause 70 cease to apply in relation to a region on the region’s NBEA date.
(2)
This subpart expires and is repealed on a date to be appointed by the Governor-General by Order in Council made on the recommendation of the Minister for the Environment.
(3)
Regulations made under clause 70 expire and are revoked on the expiry of this subpart.
Subpart 16—Provisions relating to Environment Court
72 Continuation of Environment Court
(1)
A person who is a Judge of the Environment Court, an Environment Commissioner, a Deputy Environment Commissioner, a Registrar, or other officer of the court immediately before the commencement of this clause continues to hold their office subject to this Act.
(2)
All proceedings pending or in progress in the Environment Court operating under the RMA immediately before the commencement of this clause must be continued, completed, and enforced under that Act.
(3)
All jurisdictions, offices, appointments, Orders in Council, orders, warrants, rules, regulations, seals, forms, books, records, and instruments that relate to the Environment Court and originated under the RMA, and that are subsisting or in force on the commencement of this clause, have full effect as if they had originated under the corresponding provisions of this Act and, where necessary, must be treated as having originated under this Act.
Subpart 17—Provisions relating to RMA documents, leases, and approvals
73 RMA documents and first generation natural and built environment plans
(1)
Every RMA document in force immediately before the commencement of this clause continues in force according to its terms subject to this Act.
(2)
The first plan prepared in accordance with Schedule 6 for a region applies from the time the regional planning committee notifies its decisions on IHP recommendations.
(3)
However, subclause (2) does not apply if any rules contained within the plan—
(a)
affect any existing use of land, and meet the requirements set out in section 30(2) of this Act; or
(b)
specify the use of an allocation method or methods for a resource, as allowed under section 194 of this Act.
(4)
The regional planning committee must publicly notify the date on which the plan applies at least 5 working days before the date on which it is intended to apply.
(5)
Any parts of a district plan, regional plan, regional coastal plan, or regional policy statement that apply to the relevant region or part of the relevant region to which the regional planning committee’s first plan applies cease to have any further legal effect as from the notification of the committee’s decision on its plan under this Act.
74 Savings in respect of cross leases, company leases, and retirement village leases
Nothing in section 22 or Part 10 applies—
(a)
to the registration of a memorandum of cross lease or company lease, in renewal or in substitution for a cross lease or company lease, and the issue of a record of title for the lease in respect of a building or part of a building shown on a plan—
(i)
deposited or lodged in the land registry office for cross lease or company lease purposes before the commencement of this clause; or
(ii)
that relates to units, cross lease developments, or company lease developments that are ready to be registered on the commencement of this clause; or
(b)
to the renewal or substitution of a company lease in respect of a building or part of a building if the original company lease was in existence before the commencement of this clause (whether or not the renewal or substitution is part of the original company lease or a subsequent company lease).
Compare: 1991 No 69 s 226A
75 Cancellation of prior approvals
(1)
This section applies if,—
(a)
before or after the date of commencement of this clause, a survey plan (Plan A) has been deposited under the Land Transfer Act 2017, under any other authority, or in the Deeds Register Office; and
(b)
a survey plan (Plan B) of the same land is deposited in accordance with section 584.
(2)
If approval is given to Plan A on or before the date of deposit of Plan B, the approval given to Plan A—
(a)
is to be treated as being cancelled; or
(b)
if the land in Plan B is part only of the land in Plan A, is to be treated as being cancelled to the extent that it relates to the land in Plan B.
(3)
Subclause (2) does not apply to the deposit of a unit plan, or to a survey plan, that gives effect to—
(a)
the grant of a lease to which section 574(a)(iii) applies; or
(b)
a cross lease; or
(c)
a company lease.
Compare: 1991 No 69 s 227
Subpart 18—Provisions relating to coastal matters
76 Application of Part 8 in region
77 Authorisations issued under RMA
(1)
If a region’s NBEA date has occurred in a region, the holder of an authorisation issued under the RMA may, within the specified period, use their authorisation to apply for a coastal permit under the relevant rule in the plan for the region.
(2)
In this clause, specified period means the period that—
(a)
commences on the region’s NBEA date; and
(b)
ends on the date that the authorisation lapses or would have lapsed under section 164 of the RMA.
78 Suspension of coastal permit applications for aquaculture activities
(1)
If, before the region’s NBEA date, a notice has been issued under section 165ZD or 165ZDA of the RMA suspending coastal permit applications for aquaculture activities in the region, the notice—
(a)
continues to have effect after the region’s NBEA date; and
(b)
must be treated as if it were a notice issued under section 469 or 472 (subject to any necessary modifications); and
(c)
ceases to have effect when the notice expires or on the expiry of any further notice referred to in section 473(1).
(2)
If, before a region’s NBEA date, a request has been made under section 165ZB(2) of the RMA to suspend coastal permit applications for aquaculture activities in the region, the request—
(a)
continues to have effect after the region’s NBEA date; and
(b)
must be treated as if it were a request under section 468 (subject to any necessary modifications).
(3)
In this section, coastal permit applications for aquaculture activities means applications for coastal permits to occupy space in a common marine and coastal area for the purpose of aquaculture activities.
79 Subpart 4 of Part 7A of RMA
Subpart 4 of Part 7A of the RMA remains in force in a region until the region’s NBEA date.
80 Sections 360A to 360C of RMA
Sections 360A to 360C of the RMA remain in force in a region until the region’s NBEA date.
81 Continued application of Fisheries Act 1996 to aquaculture decisions relevant to coastal permit applications
(1)
This clause applies if an application under the RMA for a coastal permit for aquaculture activities in a region—
(a)
is made before the region’s NBEA date but not determined by that date; and
(b)
is subject to an aquaculture decision by the chief executive of the Ministry responsible for the administration of the Fisheries Act 1996.
(2)
The Fisheries Act 1996 (as it was immediately before the commencement of this Act) continues to apply in respect of the aquaculture decision until the decision is made and any judicial review under section 186J of that Act has concluded.
82 Authorisations under section 13 of Maori Commercial Aquaculture Claims Settlement Act 2004
(1)
This clause applies to an authorisation for space in an aquaculture settlement area in a region that is provided under section 13 of the Maori Commercial Aquaculture Claims Settlement Act 2004 before the region’s NBEA date.
(2)
The holder of the authorisation may use the authorisation to apply for a coastal permit under this Act on or after the region’s NBEA date.
83 Application of Marine and Coastal Area (Takutai Moana) Act 2011
(1)
If a matter is carried out in a region under the RMA, the provisions of the Marine and Coastal Area (Takutai Moana) Act 2011 (if any) that apply to that matter are the provisions of that Act as it was immediately before the commencement of this Act.
(2)
If a matter is carried out in a region under this Act, the provisions of the Marine and Coastal Area (Takutai Moana) Act 2011 (if any) that apply to that matter are the provisions of that Act as amended by this Act.
(3)
This clause is subject to clause 84(9).
84 Processes relating to Marine and Coastal Area (Takutai Moana) Act 2011 commenced before region’s NBEA date
(1)
Subclause (2) applies if an applicant makes a request under section 67 of the Marine and Coastal Area (Takutai Moana) Act 2011 in respect of a resource consent that—
(a)
has been applied for under the RMA before the region’s NBEA date but has not been determined by that date; or
(b)
has been granted under the RMA but has not commenced by the region’s NBEA date.
(2)
The 40-working-day time period in which a customary marine title group must notify its decision to the applicant under section 67 of the Marine and Coastal Area (Takutai Moana) Act 2011 is not affected by the occurrence of the region’s NBEA date.
(3)
If, before a region’s NBEA date, a customary marine title group notifies its decision in writing on a request for permission under section 67 of the Marine and Coastal Area (Takutai Moana) Act 2011, the exercise of the RMA permission right by the group is treated as an exercise of an NBEA permission right.
(4)
A written approval given before a region’s NBEA date by a protected customary rights group under section 55(2)(a) of the Marine and Coastal Area (Takutai Moana) Act 2011 continues to have effect after the region’s NBEA date.
(5)
If,—
(a)
before a region’s NBEA date, an applicant for a resource consent notifies applicant groups about their application and seeks their views under sections 62(2) and (3) and 62A of the Marine and Coastal Area (Takutai Moana) Act 2011; and
(b)
after the region’s NBEA date, the applicant lodges the application for the resource consent,—
the process commenced under those sections must be completed by the applicant regardless of the occurrence of the region’s NBEA date and any views obtained from applicant groups under that process continue to have effect after that date.
(6)
If a resource consent granted under the RMA for an activity in a region has not commenced by the region’s NBEA date, any process relating to the resource consent that is commenced under the RMA in relation to Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011 but is not completed by that date must continue in accordance with Part 3 of that Act as it was immediately before commencement.
(7)
The occurrence of a region’s NBEA date does not affect the obligations of an applicant for a resource consent under section 62A of the Marine and Coastal Area (Takutai Moana) Act 2011 in respect of an activity in the region.
(8)
The requirement that a request for permission be in writing in section 67(1)(a) of the Marine and Coastal Area (Takutai Moana) Act 2011 applies on commencement.
(9)
Despite clause 83,—
(a)
section 85(3A) of the Marine and Coastal Area (Takutai Moana) Act 2011, as amended by this Act,—
(i)
applies in a region on commencement; and
(ii)
until the region’s NBEA date, the reference in that section to section 793 of this Act must be read as a reference to section 360A of the RMA; and
(b)
section 91A of the Marine and Coastal Area (Takutai Moana) Act 2011, as amended by this Act, applies in a region on commencement; and
(c)
section 86(1)(b) of the Marine and Coastal Area (Takutai Moana) Act 2011, as amended by this Act, applies in a region on commencement.
(10)
In this clause, commencement means the day after the date on which this Act receives the Royal assent.
Subpart 19—Miscellaneous provisions
85 Application of amendments in Schedule 16
(1)
This clause applies to amendments made by Schedule 16 to a provision of another enactment (the amended provision) where—
(a)
the amended provision is amended to refer to, apply, or modify the application of any provisions in this Act; and
(b)
any relevant provision in this Act—
(i)
is not in force; or
(ii)
does not yet apply in relation to a region (for example, because an NBE plan for the region has not been made or does not yet have effect).
(2)
Until the relevant provision in this Act is in force or applies in relation to the relevant region, the amended provision must be read as if the amendment had not been made.
(3)
An amended provision includes (without limitation) a provision that—
(a)
refers to an authorisation under this Act (such as a resource consent or permit):
(b)
refers to a natural and built environment plan or other document under this Act:
(c)
applies this Act or any provision of this Act:
(d)
requires consultation before taking action.
(4)
This clause is subject to express provisions to the contrary elsewhere in this Act or in regulations made under this Act.
86 Regulations may make consequential amendments to other secondary legislation
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that amend any secondary legislation (as defined in section 5(1) of the Legislation Act 2019) to make amendments that are consequential on the passing of this Act or the Spatial Planning Act 2023.
(2)
The same set of regulations made under this clause may amend 1 or more instruments that are secondary legislation.
(3)
Regulations made under this clause may make transitional and savings provisions as necessary to reflect in the secondary legislation the transition from the RMA to this Act.
(4)
This clause does not limit section 41 of the Legislation Act 2019.
(5)
Regulations made under this section 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. | ||||
87 Action taken by EPA under RMA and not completed
Any action taken by the EPA under the RMA that, on the commencement of this clause, has not proceeded to the stage at which no further appeal is possible in respect of the action must continue to be processed and determined in accordance with the RMA.
Schedule 2 Transitional, savings, and related provisions for upholding Treaty settlements, NHNP Act, and other arrangements
1 Purpose of this schedule
The purpose of this schedule is to ensure that the integrity, intent, and effect of Treaty settlements, the NHNP Act, and other arrangements relating to the Resource Management Act 1991 are upheld in relation to this Act.
2 Interpretation
In this schedule,—
claimant group means a group of Māori with Treaty of Waitangi claims against the Crown, whether or not those claims have been lodged with, or heard by, the Waitangi Tribunal under the Treaty of Waitangi Act 1975
joint management agreement means a joint management agreement made under any provision of the Resource Management Act 1991 and in force on the day after this Act receives Royal assent
Mana Whakahono ā Rohe means an arrangement entered into under subpart 2 of Part 5 of the Resource Management Act 1991 and in force on the day after this Act receives Royal assent
other arrangements means Mana Whakahono ā Rohe and joint management agreements
post-settlement governance entity—
(a)
means a body corporate or the trustees of a trust established by a claimant group for the purposes of receiving redress or participating in arrangements established under a Treaty settlement Act; and
(b)
includes an entity established to represent a collective or combination of claimant groups
relevant party means,—
(a)
in relation to a Treaty settlement, the post-settlement governance entity for the Treaty settlement:
(b)
in relation to the NHNP Act, ngā hapū o Ngāti Porou:
(c)
in relation to other arrangements, each iwi authority or group that represents hapū that is party to that arrangement
Treaty of Waitangi claim means a claim within the meaning of section 6 of the Treaty of Waitangi Act 1975, whether that claim was submitted or not to the Waitangi Tribunal
Treaty settlement means provisions of a Treaty settlement Act or Treaty settlement deed that relate to the exercise of a power or the performance of a function or duty under the Resource Management Act 1991
Treaty settlement Act—
(a)
means—
(i)
an Act listed in Schedule 3 of the Treaty of Waitangi Act 1975 by an Act that was enacted on or before the day on which this Act receives Royal assent; and
(ii)
any other Act that was enacted on or before the day on which this Act receives Royal assent and that provides redress for Treaty of Waitangi claims, including—
(A)
an Act that provides collective redress or participation arrangements for claimant groups whose claims are, or are to be, settled by another Act; and
(B)
to avoid doubt, the Hawke’s Bay Regional Planning Committee Act 2015; but
(b)
does not include the Maori Commercial Aquaculture Claims Settlement Act 2004
Treaty settlement deed—
(a)
means a deed or other agreement that—
(i)
is signed, on or before the day on which this Act receives Royal assent, for and on behalf of the Crown by 1 or more Ministers of the Crown and by representatives of a claimant group; and
(ii)
is in settlement of the Treaty of Waitangi claims of the members of that group, or in express anticipation, or on account, of that settlement; but
(b)
does not include an agreement in principle or any document that is preliminary to a signed and ratified deed.
3 Treaty settlements, NHNP Act, and other arrangements to be given same or equivalent effect
(1)
A person exercising a power or performing a function or duty under this Act must give a Treaty settlement, the NHNP Act, or an other arrangement an effect that is the same as, or equivalent to, the effect that it has in relation to the Resource Management Act 1991.
(2)
Subclause (1) applies to the extent that the power, function, or duty being exercised or performed under this Act is generally the same or equivalent to a power, function, or duty under the Resource Management Act 1991 that is affected by the Treaty settlement, NHNP Act, or other arrangement.
(3)
For the purpose of complying with subclause (1) and despite any other provision of this Act,—
(a)
a person or regional planning committee may act in accordance with any applicable regulations made under clause 6; and
(b)
a regional planning committee may delegate its power to make decisions on a plan or a regional spatial strategy if the delegation is necessary to give effect to a Mana Whakahono ā Rohe or joint management agreement.
(4)
This clause ceases to apply in relation to a Treaty settlement, the NHNP Act, or an other arrangement when,—
(a)
(b)
in the case of an other arrangement, it has been transitioned to the arrangements under this Act in accordance with subpart 11 of Part 1 of Schedule 1.
4 Process for upholding Treaty settlements, NHNP Act, and other arrangements
(1)
The Crown must uphold the integrity, intent, and effect of Treaty settlements, the NHNP Act, and other arrangements in accordance with this clause.
(2)
The Crown must, unless otherwise agreed with the relevant party,—
(a)
discuss with each relevant party, for the purpose of agreeing, how the integrity, intent, and effect of the Treaty settlement, the NHNP Act, or the other arrangement will be upheld in relation to this Act; and
(b)
support the capacity of the relevant party to participate effectively in those discussions, including by providing appropriate resources; and
(c)
enter into any agreements with the relevant party that are necessary to uphold the Treaty settlement, the NHNP Act, or the other arrangement, including by entering into a deed to amend the entity’s Treaty settlement deed.
(3)
If necessary to give effect to an agreement relating to a Treaty settlement or the NHNP Act, the Crown must—
(a)
take all necessary steps within the Crown’s authority to introduce a Bill to the House of Representatives that—
(i)
amends the relevant party’s Treaty settlement Act or the NHNP Act; and
(ii)
is in a form that has been agreed by the relevant party; and
(b)
use the Crown’s best endeavours to promote the enactment of the Bill no later than 18 months after the enactment of this Act.
(4)
The Crown must also—
(a)
monitor progress of the matters set out in subclauses (2) and (3); and
(b)
every 3 months, make a report on the progress available to the relevant party.
5 Regulations to uphold other arrangements
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for a process for giving effect to Mana Whakahono ā Rohe and joint management agreements in relation to this Act.
(2)
The regulations may (without limitation) provide for terms of Mana Whakahono ā Rohe and joint management agreements to be modified, but only with the agreement of every iwi authority or group that represents hapū that is party to the Mana Whakahono ā Rohe or joint management agreement.
(3)
The Minister must not recommend the making of regulations under this clause unless the Minister is satisfied that the regulations are consistent with the purpose of this schedule.
(4)
Regulations made under this clause are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this clause | ||||
| 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. | ||||
6 Regulations to modify regional planning committee processes
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that modify how any provisions of Schedule 7 apply to a regional planning committee or a class of regional planning committees.
(2)
The Minister must not recommend the making of regulations under this clause unless the Minister is satisfied that the regulations are consistent with the purpose of this schedule.
(3)
Regulations made under this clause are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this clause | ||||
| 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. | ||||
Schedule 3 Principles for biodiversity offsetting and biodiversity compensation
Contents
Part 1 Biodiversity offsetting
This Part sets out a framework of principles for use in biodiversity offsetting. These principles provide a standard for biodiversity offsetting and all must be complied with for an action to qualify as a biodiversity offset.
1 Adherence to effects management framework
A biodiversity offset is a commitment to provide a measurable conservation outcome in accordance with the principles set out in this schedule to deal with more than minimal residual adverse effects. It should be contemplated only after steps to avoid, minimise, and remedy adverse effects have been demonstrated to have been sequentially exhausted and thus applies only to residual indigenous biodiversity impacts.
2 When biodiversity offsetting not appropriate
(1)
Many biodiversity values cannot be offset and they will be permanently lost if they are adversely affected. These situations include where—
(a)
residual adverse effects cannot be offset because the indigenous biodiversity affected is vulnerable or irreplaceable:
(b)
there are no technically feasible or socially acceptable options for securing gains within acceptable time frames:
(c)
the effects on indigenous biodiversity are uncertain, unknown, or little understood but potential effects are significantly adverse or irreversible.
(2)
This principle reflects a standard of acceptability for offsetting and requires a proposed offset to be assessed against subclause (1)(a), (b), and (c).
(3)
In this clause and in clauses 15 and 21, vulnerable, in relation to biodiversity, means biodiversity that is listed as threatened or at risk in the New Zealand Threat Classification System.
3 No net loss and preferably net gain
The adverse effects of an activity to which the offset applies should be counterbalanced by the proposed offsetting activity so that the overall result is no net loss of, and preferably a net gain in, biodiversity. Net loss and net gain are measured by ecosystem type, number or amount, and condition of biodiversity species at the impact and offset site and require an explicit loss and gain calculation.
4 Gains must be additional
(1)
A biodiversity offset must achieve gains in indigenous biodiversity that are greater than the gains that would have occurred in the absence of the offsetting action, including gains that are additional to any avoidance, minimisation, or remediation undertaken in relation to the adverse effects of the activity.
(2)
A biodiversity offset must be designed and implemented to avoid displacing to other locations activities harmful to indigenous biodiversity.
5 Like-for-like
The ecological values being gained at the offset site must be the same as those being lost at the impact site across types of indigenous biodiversity, amount of indigenous biodiversity (including condition), over time and spatial context.
6 Landscape context
(1)
Biodiversity offset actions must be undertaken where this will result in the best ecological outcome, preferably close to the location of development or within the same ecological district.
(2)
The landscape context of both the impact site and the offset site, taking into account interactions between species, habitats, and ecosystems, spatial connections, and ecosystem functions, must be considered when biodiversity offset actions are taken.
7 Long-term outcomes
The biodiversity offset must be managed to secure long-term biodiversity outcomes that last as least as long as the impacts, and preferably in perpetuity.
8 Time lags
The delay between the loss of indigenous biodiversity at the impact site and the gain or maturity of indigenous biodiversity at the offset site—
(a)
must be the least that is necessary to achieve offset goals; and
(b)
must not exceed the consent period or 35 years, whichever is the shorter.
9 Offsets in advance of resource consent applications
A biodiversity offset developed in advance of an application for a resource consent must provide a clear link between the offset and the future effect of the resource consent, showing that the offset—
(a)
was created or commenced in anticipation of the specific effect of the proposed activity; and
(b)
would not have been created or commenced if that effect were not anticipated.
10 Proposing biodiversity offset
A proposed biodiversity offset must include a specific biodiversity offset management plan that must include a specified time limit to assist in ensuring the long-term biodiversity outcomes required under clause 7 are achieved.
11 Science and mātauranga Māori
The design and implementation of a biodiversity offset must be a documented process informed by science, including an appropriate consideration of mātauranga Māori.
12 Stakeholder participation
Opportunity for the effective and early participation of stakeholders must be demonstrated when planning for biodiversity offsets, including their evaluation, selection, design, implementation, and monitoring.
13 Transparency
The design and implementation of a biodiversity offset and communication of its results to the public must be undertaken in a transparent and timely manner. This includes transparency of the loss and gain calculation and the data that informs a biodiversity offset.
Part 2 Biodiversity compensation
This Part sets out a framework of principles for use in biodiversity compensation. These principles must all be complied with for an action to qualify as biodiversity compensation.
14 Adherence to effects management framework
Biodiversity compensation is a commitment to compensate for any more than minimal residual adverse effects. It should be contemplated only after steps to avoid, minimise, remedy, and offset adverse effects are demonstrated to have been sequentially exhausted.
15 When biodiversity compensation is not appropriate
(1)
Many biodiversity values cannot be compensated for so, if they are adversely affected, compensation will be inappropriate, including—
(a)
if residual adverse effects cannot be compensated for because the indigenous biodiversity affected is irreplaceable or vulnerable:
(b)
if there are no technically feasible or socially acceptable options for securing gains within an acceptable time frame:
(c)
if effects on indigenous biodiversity are uncertain, unknown, or little understood, but potential effects are significantly adverse (or would be irreversible).
(2)
This principle reflects an acceptable standard for compensation and requires proposed compensation to be assessed against subclause (1)(a), (b), and (c).
16 Scale of biodiversity compensation
The values lost through the activity to which the biodiversity compensation applies must be addressed by positive effects to indigenous biodiversity that are proportionate to the adverse effects on indigenous biodiversity.
17 Additionality
(1)
Biodiversity compensation must achieve gains in indigenous biodiversity that are greater than the gains that would have occurred in the absence of the compensation, including gains that are additional to any avoidance, minimisation, or remediation undertaken in relation to the adverse effects of the activity.
(2)
The design and implementation of compensation must avoid displacing to other locations activities that would be harmful to indigenous biodiversity.
18 Landscape context
(1)
Biodiversity compensation actions must be undertaken where this will result in the best ecological outcome, preferably as close as possible to the location of development or within the same ecological district.
(2)
The landscape context of both the impact site and the compensation site, taking into account interactions between species, habitats, and ecosystems, spatial connections, and ecosystem functions, must be considered when biodiversity compensation actions are taken.
19 Long-term outcomes
Biodiversity compensation must be managed to secure biodiversity outcomes that last as least as long as the impacts, and preferably in perpetuity.
20 Time lags
The delay between the loss of indigenous biodiversity at the impact site and the gain or maturity of indigenous biodiversity at the compensation site—
(a)
must be the least necessary to achieve compensation goals; and
(b)
must not exceed the consent period or 35 years, whichever is the shorter.
21 Trading up
If trading up forms part of biodiversity compensation, the proposal must demonstrate that—
(a)
the indigenous biodiversity values gained are of higher indigenous biodiversity value than those lost; and
(b)
the values lost are not indigenous taxa that are listed as threatened, at risk, or data-deficient in the New Zealand Threat Classification System lists, or considered vulnerable or irreplaceable.
22 Environmental contributions
Environmental contributions must be considered only when there is no effective option available for delivering indigenous biodiversity gains in practice. Any contributions related to the indigenous biodiversity impact must be directly linked to an intended indigenous biodiversity gain or benefit.
23 Biodiversity compensation in advance of resource consent application
Biodiversity compensation developed in advance of an application for a resource consent must provide a clear link between the compensation and the future effect, showing that the compensation—
(a)
was created or commenced in anticipation of the specific effect; and
(b)
would not have been created or commenced if that effect were not anticipated.
24 Science and mātauranga Māori
The design and implementation of biodiversity compensation must be a documented process informed by science, including an appropriate consideration of mātauranga Māori.
25 Stakeholder participation
Opportunity for the effective and early participation of stakeholders must be demonstrated when planning for biodiversity compensation, including its evaluation, selection, design, implementation, and monitoring.
26 Transparency
The design and implementation of biodiversity compensation and communication of its results to the public must be undertaken in a transparent and timely manner.
Schedule 4 Principles for cultural heritage offsetting and cultural heritage compensation
Contents
Part 1 Cultural heritage offsetting
This Part sets out a framework of principles for use in cultural heritage offsetting. These principles provide a standard for cultural heritage offsetting and all must be complied with for an action to qualify as a cultural heritage offset.
1 Adherence to effects management framework
A cultural heritage offset is a commitment to provide a measurable cultural heritage outcome in accordance with the principles set out in this schedule to deal with more than minimal adverse effects. It should be contemplated only after steps to avoid, minimise, and remedy adverse effects have been demonstrated to have been sequentially exhausted.
2 When cultural heritage offsetting is not appropriate
(1)
Cultural heritage offsetting is not appropriate if cultural heritage values cannot be offset to achieve a net enhancement of outcome for cultural heritage. These situations include where—
(a)
residual adverse effects cannot be offset because the cultural heritage affected is irreplaceable or vulnerable:
(b)
there are no technically feasible or socially acceptable options for securing enhancement within acceptable time frames:
(c)
the effects on cultural heritage are uncertain, unknown, or little understood but there is a potential for significant adverse effects to occur.
(2)
This principle reflects an acceptable standard for offsetting and requires that a proposed offset be assessed against subclause (1)(a), (b), and (c).
3 Net enhancement
The cultural heritage values that would be lost through the activity to which the offset would apply should be counterbalanced and exceeded by the proposed offsetting activity, making the result a net enhancement.
4 Enhancements must be additional
(1)
A cultural heritage offset must achieve enhancements in cultural heritage that are greater than the enhancements that would have been achieved without the offsetting, including enhancements that are additional to any that would be achieved by avoiding, minimising, or remedying the adverse effects of the activity.
(2)
A cultural heritage offset must be designed and implemented to avoid displacing to other locations activities that are harmful to cultural heritage.
5 Like-for-like
Enhancements gained at an offset site must, where practicable, be the same or similar to the cultural heritage values lost at the impact site.
6 Landscape context
(1)
Cultural heritage offset actions must be undertaken where this will result in the best heritage outcome, as close as possible to the impact site and within the same district.
(2)
The landscape context of both the impact site and the offset site must be considered when cultural heritage offset actions are taken.
7 Long-term outcomes
Cultural heritage offsetting must be managed to secure cultural heritage outcomes that last at least as long as the impacts, and preferably in perpetuity.
8 Time lags
The delay between the loss of cultural heritage at the impact site and the enhancement of cultural heritage at the offset site—
(a)
must be the least that is necessary to achieve the offset goals; and
(b)
must not exceed the consent period or 35 years, whichever is the shorter.
9 Offsets in advance of resource consent applications
A cultural heritage offset developed in advance of an application for a resource consent must provide a clear link between the offset and the future effect of the proposed resource consent, showing that the offset—
(a)
was created or commenced in anticipation of the specific effect of the proposed activity; and
(b)
would not have been created or commenced if that effect were not anticipated.
10 Proposing cultural heritage offset
A proposed cultural heritage offset must include a specific cultural heritage offset management plan that must include timing requirements to assist in ensuring that the long-term outcomes required by clause 7 are achieved.
11 Heritage conservation principles and mātauranga Māori
The design and implementation of a cultural heritage offset must be a documented process informed by heritage conservation principles, including an appropriate consideration of mātauranga Māori.
12 Stakeholder participation
(1)
Opportunity for the effective and early participation of stakeholders must be demonstrated when planning a cultural heritage offset, including its evaluation, selection, design, implementation, and monitoring.
(2)
In particular, when planning a cultural heritage offset, there must be engagement—
(a)
with Māori in respect of any relevant site of significance to Māori; and
(b)
with Heritage New Zealand Pouhere Taonga in respect of—
(i)
a national historic landmark in the National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu (the Landmarks List); or
(ii)
a place on the New Zealand Heritage List/Rārangi Kōrero.
13 Transparency
The design and implementation of a cultural heritage offset and communication of its results to the public must be undertaken in a transparent and timely manner.
Part 2 Cultural heritage compensation
This Part sets out a framework of principles for use in cultural heritage compensation. These principles provide a standard for cultural heritage compensation. All must be complied with for an action to qualify as cultural heritage compensation.
14 Adherence to effects management framework
Cultural heritage compensation is a commitment to compensate for any more than minimal residual adverse impact. It should be contemplated only after steps to avoid, minimise, remedy, and offset adverse effects are demonstrated to have been sequentially exhausted.
15 When cultural heritage compensation is not appropriate
Cultural heritage compensation is not appropriate where cultural heritage values cannot be compensated for because, for example,—
(a)
the affected cultural heritage is irreplaceable or vulnerable:
(b)
the effects on the cultural heritage are uncertain, unknown, or little understood, but potential effects are significantly adverse:
(c)
there are no technically feasible options for securing proposed enhancements within an acceptable time frame.
16 Scale of cultural heritage compensation
The values lost through the activity to which the cultural heritage compensation applies must be addressed by positive effects to the cultural heritage that are proportionate to the adverse effects on the cultural heritage.
17 Additionality
(1)
Cultural heritage compensation must achieve enhancements in cultural heritage that are greater than would have occurred in the absence of compensation, including that enhancements are additional to any avoidance, minimisation, remediation, or offsetting undertaken in relation to the adverse effects of the activity.
(2)
The design and implementation of compensation must avoid displacing to other locations activities that would be harmful to cultural heritage.
18 Landscape context
(1)
Cultural heritage compensation actions must be undertaken where this will result in the best heritage outcome, preferably as close as possible to the impact site or within the same district.
(2)
The landscape context of both the impact site and the compensation site must be considered when cultural heritage compensation actions are undertaken.
19 Long-term outcomes
Cultural heritage compensation must be managed to secure cultural heritage outcomes that last at least as long as the impacts, and preferably in perpetuity.
20 Time lags
The delay between the loss of cultural heritage at the impact site and enhancement at the compensation site—
(a)
must be the least that is necessary to achieve the compensation goals; and
(b)
must not exceed the consent period or 35 years, whichever is the shorter.
21 Trading up
If trading up forms part of cultural heritage compensation, the proposal must demonstrate that—
(a)
the cultural heritage values enhanced are greater than those lost; and
(b)
the values lost are not considered vulnerable or irreplaceable.
22 Financial contributions
Financial contributions must be considered only when there is no effective option available for delivering cultural heritage enhancements. Any contributions related to the cultural heritage impacts must be directly linked to an intended cultural heritage enhancement or benefit.
23 Cultural heritage compensation in advance of resource consent application
Cultural heritage compensation developed in advance of an application for a resource consent must provide a clear link between the compensation and the future effect, showing that the compensation—
(a)
was created or commenced in anticipation of the specific effect; and
(b)
would not have been created or commenced if that effect were not anticipated.
24 Heritage conservation principles and mātauranga Māori
The design and implementation of cultural heritage compensation must be a documented process informed by heritage conservation principles, including an appropriate consideration of mātauranga Māori.
25 Stakeholder participation
(1)
Opportunity for the effective and early participation of stakeholders must be demonstrated when planning cultural heritage compensation, including its evaluation, selection, design, implementation, and monitoring.
(2)
In particular, when planning cultural heritage compensation, there must be early engagement—
(a)
with Māori in respect of any relevant site of significance to Māori; and
(b)
with Heritage New Zealand Pouhere Taonga in respect of—
(i)
a national historic landmark in the National Historic Landmarks/Ngā Manawhenua o Aotearoa me ōna Kōrero Tūturu (the Landmarks list); or
(ii)
a place on the New Zealand Heritage List/Rārangi Kōrero.
26 Transparency
The design and implementation of cultural heritage compensation and communication of its results to the public must be undertaken in a transparent and timely manner.
Schedule 5 Preparation, change, and review of national planning framework
Contents
1 Overview
(1)
This schedule sets out requirements for preparing, changing, or reviewing the national planning framework.
(2)
Section 103 requires that the national planning framework must be made in the form of regulations. Before those regulations may be made, the applicable processes set out in this schedule must be completed.
(3)
The national planning framework (and any replacement or revocation of it) must be prepared in accordance with the standard process, which involves, among other things, pre-notification engagement, the appointment of a limits review panel (if limits are set or required to be set) and a board of inquiry, the preparation of an evaluation report, public notification, and the hearing of submissions (see Part 1).
(4)
Changes to the national planning framework must be prepared in accordance with any of the following processes (as applicable):
(a)
the standard process (as described above):
(b)
the streamlined process, which modifies aspects of the standard process and may be used only if certain criteria are satisfied (see clauses 26 and 27):
(c)
on the recommendation of the responsible Minister if satisfied that the change is of a kind described in clause 29 (for example, changes for minor or technical amendments, changes relating to Treaty settlements, and updates required by certain legislation).
(5)
A transitional national planning framework must be prepared in accordance with the standard process subject to the modifications and requirements in clauses 34 to 37.
(6)
The national planning framework is to be reviewed at least every 9 years.
Part 1 Standard process for preparing and amending national planning framework
What must occur before NPF proposal publicly notified
2 Pre-notification engagement
(1)
The responsible Minister must, when developing an NPF proposal, engage with—
(a)
the National Māori Entity; and
(b)
iwi authorities, groups that represent hapū, and groups that represent Māori (other than iwi and hapū); and
(c)
individuals or organisations that the Minister considers representative of the local government sector.
(2)
The responsible Minister may, when developing an NPF proposal, engage with any other person that the responsible Minister considers appropriate before public notification of the proposal.
3 Limits review panel
(1)
The responsible Minister must appoint a limits review panel if an NPF proposal sets or includes requirements for environmental limits or minimum acceptable limits.
(2)
The functions of the panel are to—
(a)
provide a report on the matters requested by the responsible Minister under clause 4 in relation to an NPF proposal that sets or includes requirements for limits; and
(b)
provide advice sought by the responsible Minister on any request made under section 115 for an exemption from a limit; and
(c)
provide advice sought by the responsible Minister under section 418(2) relating to criteria for identifying significant biodiversity areas; and
(d)
provide advice sought by the responsible Minister when acting under section 112(2), 112(3), or 113 relating to the setting of minimum acceptable limits.
(3)
When appointing members of the panel, the responsible Minister must be satisfied that the panel, collectively, has knowledge and expertise in relation to—
(a)
ecological integrity:
(b)
the interplay between the natural environment and human health:
(c)
mātauranga Māori:
(d)
environmental science:
(e)
environmental and natural resource management.
(4)
The responsible Minister may set terms of reference for the panel.
4 Advice of limits review panel
(1)
If an NPF proposal sets or includes requirements for environmental limits or minimum acceptable limits, the responsible Minister must request that the limits review panel—
(a)
consider the extent to which the limits—
(i)
provide effective, reliable, and sufficient measures to protect human health and the ecological integrity of the natural environment; and
(ii)
can be monitored, reported on, and evaluated; and
(iii)
are underpinned by evidence that is inclusive, rigorous, transparent, and accessible; and
(b)
assess, in light of the relevant provisions of subpart 2 of Part 4 of the Act, the overall sufficiency and comprehensiveness of—
(i)
the limits proposed in an NPF proposal:
(ii)
the limits (if any) in the current national planning framework; and
(c)
provide advice on the matters described in paragraphs (a) and (b).
(2)
The responsible Minister must consider the panel’s advice before public notification of the NPF proposal.
5 NPF proposal relating to coastal marine area
If the NPF proposal contains provisions that apply to the whole or part of the coastal marine area, the responsible Minister must seek and consider the views of the customary marine title groups on the register.
6 Evaluation report
The responsible Minister must prepare an evaluation report of the NPF proposal.
7 Contents of evaluation report on NPF proposal
(1)
An evaluation report must examine the extent to which an NPF proposal presents the most appropriate way to achieve the purpose of the Act.
(2)
An evaluation report must include consideration of the following matters:
(a)
the effectiveness of the NPF proposal to achieve the system outcomes; and
(b)
how the decision-making principles have been used to determine how to provide most appropriately for the system outcomes; and
(c)
the impact on the environment and on the economy (whether adverse or beneficial) whether to regulate or not to regulate; and
(d)
how the implementation of the NPF proposal will be monitored.
(3)
In reporting on the matters required under subclause (2), the report must contain—
(a)
the reasonably practicable alternative options in the proposal for achieving the purpose of the Act; and
(b)
the reasons for preferring the selected option.
(4)
The analysis for an evaluation report must begin early in the process of developing an NPF proposal.
(5)
An evaluation report must be prepared and presented in a way that—
(a)
is cost-effective; and
(b)
provides a level of detail that is proportionate to the scale and significance of the proposal; and
(c)
is succinct and plainly expressed; and
(d)
optimises the usefulness of the evaluation to decision makers and the public.
(6)
The evaluation report must respond to any matters raised in the advice of the limits review panel provided to the Minister under clause 4.
8 NPF proposal may be challenged on failure of evaluation report
(1)
(2)
Subclause (1) does not limit any consideration of the evaluation report by the board of inquiry.
Public notice of NPF proposal
9 Minister must give public notice of NPF proposal and invite submissions
(1)
The responsible Minister must give public notice of—
(a)
the NPF proposal; and
(b)
an overview of the policy intent of the proposal; and
(c)
the evaluation report of the proposal.
(2)
The public notice must—
(a)
provide the details of the Internet site on which the documents referred to in subclause (1) may be accessed:
(b)
invite submissions on the proposal from any person:
(c)
state the closing date for submissions (which must not be earlier than 40 working days after the date the public notice is given).
10 Submissions on NPF proposal
(1)
Any person may make a submission on an NPF proposal that is notified in accordance with clause 9.
(2)
If a submitter wishes to be heard in respect of the submission, they must say so in their submission.
(3)
A submission must also state any other matter or be in a form required by regulations made under section 801 (if any).
Appointment of board of inquiry
11 Board of inquiry
(1)
The responsible Minister must establish a board of inquiry to—
(a)
enquire into an NPF proposal; and
(b)
make recommendations on the proposal.
(2)
The responsible Minister may—
(a)
appoint the members of the board; or
(b)
decide that a convenor appoint the members of the board.
(3)
Before appointing the board, the responsible Minister or convenor (as the case may be) must—
(a)
request nominations to the board from the National Māori Entity; and
(b)
consider nominations (if any) made within 20 working days after the request.
(4)
When appointing members of the board, the responsible Minister or convenor (as the case may be) must be satisfied that the board, collectively, has knowledge and expertise in relation to—
(a)
resource management issues and processes; and
(b)
te Tiriti o Waitangi and its principles; and
(c)
tikanga Māori and mātauranga Māori.
12 Appointment of convenor
(1)
The responsible Minister may appoint a convenor for the purpose of appointing members of a board of inquiry.
(2)
A convenor must be—
(a)
a current or former (including retired) Environment Judge; or
(b)
a person—
(i)
who meets the requirements of section 15 of the District Court Act 2016; and
(ii)
who the Minister considers to have appropriate skills, knowledge, and experience to perform the role of convenor.
(3)
A convenor may be appointed for a term specified by the responsible Minister.
(4)
The responsible Minister must, as soon as practicable after giving public notice of an NPF proposal, provide the convenor with the NPF proposal.
(5)
The convenor must, subject to clause 13(4) to (6), appoint the board of inquiry as soon as practicable after receiving the proposal.
(6)
The responsible Minister may remove a convenor for just cause (which includes misconduct, inability to perform the functions of office, neglect of duty, and breach of duty).
13 Board of inquiry membership and appointment of chairperson
(1)
A board of inquiry must have at least 4 members including the chairperson.
(2)
A member of the board of inquiry is not liable for anything the member does, or omits to do, in good faith in performing or exercising the functions, duties, and powers of the board.
(3)
Board members are entitled to be—
(a)
paid fees at a rate set by the responsible Minister:
(b)
reimbursed for actual and reasonable travelling and other expenses.
(4)
A chairperson must be—
(a)
a current or former (including retired) Environment Judge; or
(b)
a person—
(i)
who meets the requirements of section 15 of the District Court Act 2016; and
(ii)
who the Minister considers to have appropriate skills, knowledge, and experience to perform the role of chairperson.
(5)
The Minister—
(a)
may appoint the chairperson or require the convenor to appoint the chairperson; but
(b)
the criteria in subclause (4) must be met in either case.
(6)
A convenor may appoint themselves as chairperson if they meet the criteria in subclause (4).
14 Minister may set terms of reference
The responsible Minister may set terms of reference for a board of inquiry.
15 Due date for Board of inquiry report
The responsible Minister may—
(a)
specify a date by which a board of inquiry must provide its report on the NPF proposal; and
(b)
change that date before the board provides its report.
16 Chairperson has casting vote
If there is an equality of votes between members of a board of inquiry, the chairperson has the casting vote.
17 Powers of chairperson
The chairperson of the board of inquiry has the following powers:
(a)
to conduct, and maintain order at, the hearing:
(b)
to decide how many, and which, members of the board are to be present at each hearing session:
(c)
to direct that the board hold 2 or more hearing sessions concurrently:
(d)
to appoint another member to act as chairperson for the purposes of any hearing session at which the chairperson of the board will not be present for any reason:
(e)
to appoint a friend of the submitter for the purpose of providing support to the submitter in relation to a hearing:
(f)
to appoint as a special advisor a person who is able to assist the board in any hearing:
(g)
to deal with any complaints in respect of the board or any member of the board.
Hearing of submissions
18 Conduct of hearing
(1)
Subpart 3 of Part 2 of Schedule 6 applies, with all necessary modifications, in respect of an inquiry by a board into the NPF proposal as if every reference in that subpart to an authority or regional planning committee were a reference to a board of inquiry.
(2)
A board of inquiry must give at least 10 working days’ notice of the dates, times, and place of the hearing of the inquiry.
(3)
At each hearing session, no fewer than 2 board members must be present.
19 Responsible Minister and National Māori Entity may be heard
The responsible Minister and the National Māori Entity each have a right to be heard at a board of inquiry hearing (regardless of whether they made a submission).
Suspension of board’s consideration
20 Board of inquiry to suspend consideration or consider additional material
(1)
The responsible Minister may do either or both of the following:
(a)
direct a board of inquiry to suspend its inquiry for a specified period or until a specified event occurs (for example, until the Minister provides the board with additional material):
(b)
provide the board with additional material to consider.
(2)
The responsible Minister must give public notice of any direction to the board to suspend its inquiry and include reasons for the direction.
(3)
The board must suspend its inquiry in accordance with the direction.
Withdrawal of NPF proposal
21 How NPF proposal may be withdrawn
(1)
The responsible Minister may withdraw all or part of an NPF proposal before it is approved.
(2)
The responsible Minister must give public notice of the withdrawal together with reasons.
(3)
If the responsible Minister withdraws all of the proposal before the board has reported under clause 23, the board is discharged on and from the date of the public notice.
(4)
If the responsible Minister withdraws part of the proposal before the board has reported, the board must inquire into and report on only the matters that are not withdrawn.
Consideration by board of inquiry
22 What the board must consider
(1)
The board of inquiry must—
(a)
have particular regard to the evaluation report that is notified with the NPF proposal; and
(b)
have regard to—
(i)
the submissions; and
(ii)
any evidence received; and
(iii)
any recommendations in the most recent report (if any) on any review of the national planning framework; and
(iv)
any other matter the board considers relevant.
(2)
In making its recommendations, the board must not have regard to—
(a)
any effect of an activity on scenic views from private properties; or
(b)
the visibility of commercial signage or advertising being obscured as an effect of an activity; or
(c)
any adverse effect, real or perceived, arising from the use of the land for housing, if that effect is attributed to—
(i)
the social or economic characteristics of residents; or
(ii)
types of residential use, such as rental housing or housing for people with disability needs or who are beneficiaries; or
(iii)
residents requiring support or supervision in their housing because of their legal status or disabilities.
(3)
The board must ensure its recommendations on the NPF proposal are—
(a)
in accordance with—
(i)
the purpose of this Act; and
(ii)
the purpose of the national planning framework set out in section 102; and
(iii)
the purpose of environmental limits, minimum acceptable limits, mandatory targets, and discretionary targets set out in sections 105, 106, 107, and 108; and
(b)
are not inconsistent with any provisions in an emissions reduction plan or national adaptation plan identified as relevant to this Act or the Spatial Planning Act 2023.
23 Board of inquiry report and recommendations
(1)
After completing its inquiry, the board of inquiry must arrange for a report to be made to the responsible Minister in accordance with any terms of reference set by the Minister.
(2)
The report must set out the board’s recommendations together with reasons.
(3)
The board is not limited in making recommendations only within the scope of submissions made on the NPF proposal.
(4)
The responsible Minister must publish the report on an Internet site to which the public has free access.
Minister’s decision
24 Minister’s decision
(1)
The responsible Minister must make a decision on the final content of the NPF proposal.
(2)
Before making the decision, the responsible Minister must—
(a)
have particular regard to the evaluation report that is notified with the NPF proposal; and
(b)
have regard to—
(i)
the board of inquiry’s report; and
(ii)
any recommendations in the most recent report (if any) on any review of the national planning framework; and
(iii)
any other matter the Minister considers relevant.
(3)
The responsible Minister must ensure that their decision on the NPF proposal is—
(a)
in accordance with—
(i)
the purpose of this Act; and
(ii)
the purpose of the national planning framework set out in section 102; and
(iii)
the purpose of environmental limits, minimum acceptable limits, mandatory targets, and discretionary targets set out in sections 105, 106, 107, and 108; and
(b)
not inconsistent with any provisions in an emissions reduction plan or national adaptation plan identified as relevant to this Act or the Spatial Planning Act 2023.
(4)
The responsible Minister must also ensure that their decision on the NPF proposal is in accordance with—
(a)
(b)
clause 3 of Schedule 2, to the extent it relates to the effect to be given to Treaty settlements and the NHNP Act; and
(c)
agreements made under clause 4 of Schedule 2 relating to Treaty settlements and the NHNP Act; and
(d)
the deed of agreement defined in section 9 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019.
(5)
The responsible Minister may—
(a)
make any changes, or no changes, to the NPF proposal; and
(b)
withdraw all or part of the NPF proposal.
(6)
After deciding the final content of the NPF proposal in accordance with this clause, the responsible Minister may recommend that the NPF proposal be made in the form of regulations made under section 103.
25 Minister must publish decision
The responsible Minister’s decision on the NPF proposal—
(a)
must be published on an Internet site that is freely available to the public; and
(b)
must include a statement of reasons in relation to any of the board’s recommendations that the Minister does not adopt.
Part 2 Other processes for amending national planning framework
Streamlined process
26 When streamlined process may be used
The national planning framework may be amended in accordance with the streamlined process if—
(a)
the responsible Minister is satisfied that—
(i)
the proposed amendment does not represent a significant departure from any existing direction in the framework; and
(ii)
it is appropriate to use the streamlined process after considering—
(A)
the advantages and disadvantages of amending the framework quickly, including the consequences of not acting:
(B)
the extent and timing of any public debate and consultation that has taken place on the matter:
(C)
any other matter the Minister considers relevant; and
(b)
the responsible Minister can demonstrate compliance with paragraph (a) in the evaluation report that is notified with the NPF proposal.
27 What streamlined process involves
The streamlined process is the standard process with the following modifications:
(a)
the board of inquiry has a minimum of three members including the chairperson:
(b)
the closing date for public submissions must not be earlier than 20 working days (instead of 40 working days):
(c)
the board of inquiry must not hold a hearing but instead consider submissions on the papers:
(d)
there is no hearing of public submissions and submitters are not required to indicate in their submissions whether or not they wish to be heard:
(e)
the responsible Minister and National Māori Entity are not entitled to appear before the board but they may each provide information to the board:
(f)
the board of inquiry must provide its report on the NPF proposal on a date specified by the Minister that is no earlier than 30 working days after the closing date for public submissions.
Other amendments
28 National planning framework may be amended by regulations for certain matters
(1)
The national planning framework may be amended by regulations made under section 103, on the recommendation of the responsible Minister made in accordance with clause 29.
(2)
To avoid doubt, the responsible Minister is not required to complete the standard process or the streamlined process before making a recommendation.
29 Criteria for recommending amendments
The responsible Minister may make a recommendation under clause 28 if satisfied that the proposed amendment—
(a)
has no more than a minor effect, corrects errors, or makes similar technical alterations; or
(b)
is necessary to ensure that the national planning framework is not inconsistent with any provisions in any emissions reduction plan or national adaptation plan identified as relevant to this Act or the Spatial Planning Act 2023; or
(c)
is necessary to ensure that the national planning framework complies with—
(i)
clause 3 of Schedule 2, to the extent it relates to the effect to be given to Treaty settlements and the NHNP Act; and
(ii)
agreements made under clause 4 of Schedule 2 relating to Treaty settlements and the NHNP Act; and
(iii)
the deed of agreement defined in section 9 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019.
Part 3 Review of national planning framework
30 National planning framework must be reviewed at least every 9 years
(1)
The responsible Minister must review the national planning framework at least once every 9 years.
(2)
The first review must be completed no later than 9 years after the commencement of the transitional national planning framework.
(3)
The responsible Minister must review the national planning framework by—
(a)
assessing the extent to which the framework (as a whole) is meeting its purpose; and
(b)
reviewing the effectiveness of each provision of the framework that has not been reviewed or amended in the last 9 years; and
(c)
reviewing the effectiveness of any other provision of the framework that the Minister considers appropriate; and
(d)
considering whether any changes to the framework are appropriate.
(4)
The responsible Minister must engage with the National Māori Entity on any review of the national planning framework.
31 Minister must consider need for review when emissions reduction plan or national adaptation plan presented
The Minister for the Environment must consider whether it is necessary to review the national planning framework as soon as reasonably practicable after an emissions reduction plan or a national adaptation plan or an amendment to either plan is presented to the House of Representatives under section 5ZI or 5ZT of the Climate Change Response Act 2002.
32 Report on review
(1)
After completing a review of the national planning framework, the responsible Minister must prepare a report that sets out—
(a)
the findings of the review; and
(b)
any recommendations.
(2)
If the review recommends amendments to the national planning framework, the responsible Minister must prepare those amendments in accordance with the appropriate process in this schedule.
Part 4 Other matters
Publication
33 Publication of national planning framework
(1)
The national planning framework must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry for the Environment.
(2)
Subclause (1) applies despite section 69(1)(c) and (d) of the Legislation Act 2019, unless the Attorney-General directs otherwise.
Transitional national planning framework
34 Transitional NPF proposal must be notified within 8 months
(1)
(2)
The Minister for the Environment will not, if they comply with subclause (1), be in breach of section 101 during the period—
(a)
starting from the date of commencement of this Act; and
(b)
ending on the date that the transitional national planning framework becomes operative.
35 Required content of transitional national planning framework
(1)
In order to facilitate a smooth transition from the Resource Management Act 1991 to this Act and to enable the development of the first regional spatial strategies, the transitional national planning framework must include content that—
(a)
carries over the policy of the RMA national direction (as defined in clause 37(2)) to the extent that it is compatible with the requirements of this Act:
(b)
provides direction for the development of regional spatial strategies.
(2)
The requirements of this Act relating to the content and purpose of the national planning framework apply to the transitional national planning framework only to the extent that those requirements are relevant to the content required by subclause (1).
(3)
(4)
Content that, but for subclauses (2) and (3), would otherwise be required by this Act to be included in the transitional national planning framework—
(a)
may be included in the transitional national planning framework; and
(b)
may be included in any changes to or any review of the national planning framework before 1 January 2028.
(5)
Content that is required by this Act to be included in the national planning framework but has not been included because of subclauses (2) and (3) must be included in an NPF proposal notified by 1 January 2028.
36 Preparation of transitional national planning framework
The transitional national planning framework must be prepared in accordance with the standard process subject to the following modifications:
(a)
for the purpose of carrying out their obligations under clause 2(1)(b) and (c) and clause 5, the responsible Minister—
(i)
must prepare an engagement draft of the transitional NPF proposal; and
(ii)
must provide the draft to persons and groups described in clause 2(1)(b) and (c) and clause 5; and
(iii)
may provide the draft to any other person or group that the Minister considers appropriate; and
(b)
the transitional NPF proposal notified under clause 34(1) must be informed by the engagement draft and any feedback given on the draft by persons and groups referred to in paragraph (a); and
(c)
(d)
the responsible Minister is not required to appoint a limits review panel; and
(e)
clauses 2(1)(a), 3, and 11(3) do not apply.
37 Relationship with RMA national direction
(1)
For the purpose of facilitating a smooth transition from the Resource Management Act 1991 (the RMA) to this Act,—
(a)
the content of the transitional national planning framework must be prepared on the basis of the RMA national direction to the extent it is compatible with the requirements of this Act; and
(b)
the board of inquiry must, when considering the matters specified in clause 22, also have particular regard to maintaining consistency with the policy of the RMA national direction to the extent it is compatible with the requirements of this Act; and
(c)
the responsible Minister must, when considering the matters specified in clause 24, also have particular regard to maintaining consistency with the policy of the RMA national direction to the extent it is compatible with the requirements of this Act.
(2)
In this clause, RMA national direction means—
(a)
the national direction prepared under the RMA and finalised under the relevant process in that Act as at 31 May 2023 but excluding—
(i)
(ii)
(iii)
the National Planning Standards 2019; and
(iv)
the National Policy Statement for Renewable Electricity Generation 2011; and
(v)
the National Policy Statement on Electricity Transmission 2008:
(b)
the medium-density residential standards set out in Schedule 3A of the Resource Management Act 1991:
(3)
Nothing in this clause prevents any of the following from being included in the transitional NPF proposal to the extent it is compatible with the requirements of this Act:
(a)
the national direction prepared under the RMA and finalised under the relevant process in that Act after 31 May 2023:
(b)
the instruments described in subclause (2)(a)(i) to (v).
Schedule 6 Preparation, change, and review of natural and built environment plans
Contents
Preliminary matters
1 Interpretation and application
(1)
In this schedule, unless the context otherwise requires, proposal means—
(a)
a proposed plan or plan change or variation; and
(b)
includes—
(i)
consideration of the plan outcomes; and
(ii)
in light of those outcomes, evaluation of the policies and rules or methods that deal with the same resource management matter or issue.
(2)
In this schedule, supporting information—
(a)
must include all the information that a submitter intends to rely on in support of their submission; and
(b)
may also include technical and non-technical information, including expert advice.
(3)
Parts 1 and 2 of this schedule apply to—
(a)
the initial development of plans under this Act and to the full review of plans; and
(b)
the process, including the time frames, for each of the plan change processes (standard, proportionate, and urgent), unless Part 2 of this schedule directs otherwise.
(4)
Part 3 of this schedule relates to—
(a)
the requirements and processes relating to an independent hearing panel (IHP); and
(b)
appeal rights.
(5)
In this schedule, a reference to a plan change includes, as the context requires, a plan variation if the regional planning committee has varied a proposed plan or a plan change after it has been notified.
2 Overview of time frames for development of first plans or full review
(1)
The first plan in each region must be prepared within 4 years and 4 months, in accordance with the following time frame:
(a)
a plan must be notified within 2 years of a resolution by the regional planning committee to begin drafting a new plan; and
(b)
the committee must, in that resolution, determine to begin drafting its plan no later than 40 working days after deciding to adopt the applicable spatial strategy under Schedule 4 of the Spatial Planning Act 2023; and
(c)
the submission, hearing, and recommendation processes that enable the regional planning committee to meet its obligations under clause 128 within the remainder of the time frame.
(2)
If a regional planning committee undertakes a full review of an existing plan, the development of the plan must follow the same time frame as the development of the first plan, except that subclause (1)(b) does not apply.
3 Forms to be approved by Secretary for the Environment
The Secretary for the Environment may approve forms or templates, and publish them on the Internet site of the Ministry for the Environment (unless a form or template has been prescribed by regulations made under section 801(1) or clause 43 of this schedule for the same purpose).
Part 1 Plan development
Subpart 1—Principles applying to making and changing plans
4 Plans and plan changes to be prepared in accordance with Mana Whakahono ā Rohe and relevant legislation
A regional planning committee must prepare its plans in accordance with—
(a)
any applicable Mana Whakahono ā Rohe; and
(b)
any relevant engagement agreement; and
(c)
any relevant iwi and hapū participation legislation or agreement under that legislation; and
(d)
this schedule.
Programme of work
5 Plan changes must be added to programme of work of regional planning committee
(1)
A regional planning committee may initiate any plan change it has added to its programme of work.
(2)
Plan changes are added to a programme of work either after—
(a)
the regional planning committee has considered its own request or a request of a local authority or of more than 1 local authority jointly; or
(b)
after a local authority forwards to the regional planning committee a private plan change request under subpart 2 of Part 2 of this schedule.
(3)
However, the strategic content of a plan may be changed only by the regional planning committee for the region, including—
(a)
by request of the constituent local authorities of the region; or
(b)
by direction of the Minister for the Environment; or
(c)
if a change is initiated under the national planning framework.
(4)
The following kinds of change do not need to be included in the programme of work of a regional planning committee:
(a)
any plan change that meets the criteria for the urgent process:
(b)
any change directed by the national planning framework or the Minister for the Environment:
(c)
any variation to a proposed plan or plan change.
6 Notification of programme of works
(1)
At the beginning of each 3-yearly planning cycle, a regional planning committee must give public notice of its planned programme of work.
(2)
The first programme of work must not be notified until the committee has received its first 3-yearly report from the relevant local authorities under section 779.
(3)
The committee may notify further programmes of work in successive 3-yearly cycles.
Plan change processes
7 Processes for making plan changes
(1)
This clause describes the following 3 processes available for changing plans under this Act:
(a)
the standard plan change process (see clause 9):
(b)
the proportionate process (see clauses 47 to 49), which may use limited notification:
(c)
the urgent process, which provides for a shortened process (see clauses 50 to 52).
(2)
The regional planning committee must determine which of the 3 processes is to be applied in any given case.
8 Principles guiding which process is to apply
Standard process
(1)
The standard process as described in this Part—
(a)
must be used for the first plan prepared under this Act for a region and any subsequent reviews of the full plan; and
(b)
must also be used for any plan change in any circumstance where it is proposed to amend the strategic content of a plan (see clause 9), unless the criteria for an urgent plan change apply.
Proportionate process
(2)
The proportionate process may be used if—
(a)
the regional planning committee identifies all those affected by the proposed change; or
(b)
the proposed change does not meet the criteria for the standard or the urgent processes.
Urgent process
(3)
The urgent process may be used if urgent environmental issues arise (see clause 50) but is only available for plan changes arising outside the programme or work.
9 Standard plan change process
(1)
If a regional planning committee is satisfied that a standard process is appropriate for a plan change, the committee must follow the requirements for the standard plan development process in subpart 2 of this Part, except in respect of the following matters:
(a)
matters for consultation do not need to be identified or notified (see clause 20):
(b)
an engagement register is not required (see clause 21):
(c)
an engagement policy need not be prepared (see clause 17):
(d)
provision is not needed for enduring submissions (see clause 24), but may be lodged any time after the intended programme of work is notified by the regional planning committee but not after the proposed plan change is notified:
(e)
the review requirements set out in clause 33.
(2)
Twenty working days before notifying a proposed plan change, the regional planning committee must submit a report prepared under clause 31 to the Secretary for the Environment and (if relevant) the Director-General of Conservation.
(3)
Notification of a standard plan change must be in accordance with clauses 34 and 35, except that—
(a)
the closing date for primary submissions on a proposed plan change must be not less than 40 working days after the date on which public notice is given; and
(b)
the regional planning committee may set a later closing date.
(4)
The regional planning committee must give public notice if it decides to accept or reject recommendations on a standard plan change within 2 years after the plan change is notified.
10 When multiple plan changes may be dealt with together
If a regional planning committee has multiple requests for plan changes that are all to be dealt with under the same process, these may be processed together and heard together.
11 Withdrawal of proposals to prepare, change, or vary plans
(1)
A regional planning committee may withdraw a proposal to prepare, change, or vary a plan.
(2)
If a local authority, or more than 1 local authority jointly, has requested a plan change, they may ask the regional planning committee to withdraw the proposed plan change, and the regional planning committee must do so.
(3)
The power to withdraw under this clause may be exercised at any time if an appeal has not been lodged, or has been withdrawn, before the plan has been approved by the regional planning committee,—
(a)
in the case of a proposed plan or plan change, using the standard process under subpart 6 of Part 3 of this schedule; or
(b)
in the case of a proposed plan or plan change, using a proportionate or urgent process under clause 65.
(4)
In the event of an appeal being lodged but not withdrawn, a regional planning committee may withdraw a plan change, but only if it does so before the hearing of the appeal commences.
(5)
The regional planning committee must give notice if it withdraws a proposal under subclause (1) or (4), with the reasons for that withdrawal.
Compare: 1991 No 69 Schedule 1 cl 8D
Subpart 2—Preparation of plans and standard plan changes
Engagement agreements
12 Purpose of engagement agreements
The purpose of an engagement agreement is to provide a mechanism for a regional planning committee and 1 or more Māori groups with interests in the region to—
(a)
agree and record how the groups are to participate in preparing a plan or plan change for the region; and
(b)
agree how the groups’ combined participation is to be funded by the committee from the committee’s budget as determined by its statement of intent (see clause 40 of Schedule 7).
13 When engagement agreements must or may be initiated
Plan making
(1)
A regional planning committee must initiate engagement agreements under clause 14,—
(a)
for its first plan, as soon as practicable after the committee is established; and
(b)
for subsequent reviews of the full plan, as soon as practicable after the regional planning committee has resolved to prepare a new plan.
Plan changes
(2)
As soon as practicable after the committee gives public notice of its intended programme of work for the next 3 years, a regional planning committee—
(a)
may initiate engagement agreements when using a proportionate or urgent plan change process; and
(b)
must initiate engagement agreements when using the standard process for making plan changes.
(3)
If the regional planning committee notifies draft strategic content, it must conclude any engagement agreement within 30 working days of giving that notice, but if the parties cannot agree the content of an engagement agreement by that date, the process ceases.
Limits to application of this clause
(4)
A regional planning committee does not need to initiate an engagement agreement for its first plan or for subsequent plan changes if an existing engagement agreement has been reached that also applies to subsequent plan changes.
14 Initiation and formation of engagement agreements
(1)
A regional planning committee must initiate engagement agreements by inviting the following Māori groups with interests in the region to enter into 1 or more agreements:
(a)
iwi authorities, and groups that represent hapū, whose area of interest includes any part of the region:
(b)
customary marine title groups whose customary marine title area includes any part of the region:
(c)
other Māori groups with interests in the region, if the committee considers that entering into engagement agreements with those groups is desirable to ensure that the views of all Māori groups with interests in the region are properly considered in preparing the region’s plan.
(2)
In initiating and developing an engagement agreement, the regional planning committee must use its best endeavours to—
(a)
achieve the purpose of an engagement agreement; and
(b)
negotiate the terms of the agreement in good faith and in a timely manner to achieve participation in preparing a plan for the region.
(3)
However, no Māori group with interests in the region and invited to enter into an engagement agreement is required to respond to an invitation under subclause (1).
(4)
Despite subclause (1), a regional planning committee is not required to initiate an engagement agreement with a Māori group with interests in the region if the committee and the Māori group—
(a)
are party to a Mana Whakahono ā Rohe; and
(b)
agree that the Mana Whakahono ā Rohe achieves the purpose of an engagement agreement.
(5)
A single engagement agreement may—
(a)
be entered into with 1 or more Māori groups in the region:
(b)
deal with both the preparation of a plan or plan change and a regional spatial strategy.
15 Form and content of engagement agreements
(1)
If an engagement agreement is reached, the agreement must—
(a)
be in writing; and
(b)
identify the parties to the agreement; and
(c)
record the agreement of the parties as to—
(i)
how the parties will participate in preparing or amending the plan or plan change for the region; and
(ii)
how each party will be resourced to participate.
(2)
If the parties cannot agree the content of an engagement agreement at least 60 working days before the plan change is notified, the process ceases.
16 When engagement agreements end
(1)
An engagement agreement may remain in place as long as the parties wish, but it ceases to apply after the plan or plan change is notified under clause 34.
(2)
However, if the parties agree, even if the agreement no longer applies in accordance with subclause (1), they may leave the engagement agreement in place, or amend it, for future use in processes relating to the relevant plan.
17 Planning committees to have engagement policy
(1)
Each regional planning committee must prepare an engagement policy within 3 months of a resolution being made—
(a)
to begin drafting a new plan; or
(b)
to undertake a full review of an existing plan (see clause 2(1)(a)).
(2)
An engagement policy must state, at a minimum,—
(a)
how the committee will ensure that it engages with the constituents of each district of its region on the approach to the draft strategic content; and
(b)
the different forms, methods, or techniques of engagement to be used by the committee (such as online methods or hui) to reach the constituents in innovative and effective ways and obtain the views of the committee’s wider communities; and
(c)
how the committee will collect and record feedback and enduring submissions made under clause 24.
(3)
The purpose of an engagement policy is to ensure that the regional planning committee—
(a)
hears a diverse range of views on the draft strategic content; and
(b)
ensures that the constituents of each district of its region can be heard and easily provide feedback on the draft strategic content; and
(c)
identifies the degree of significance attached to particular issues or decisions set out on the draft strategic content.
18 Consultation during preparation of plan
(1)
Before the draft strategic content has been notified in accordance with clause 22, a regional planning committee must begin to consult the following parties relevant to the region:
(a)
the Minister for the Environment; and
(b)
the Minister of Conservation and each relevant regional conservator; and
(c)
other Ministers of the Crown whose responsibilities may be affected by the plan or plan change; and
(d)
the constituent local authorities; and
(e)
any adjacent local authorities; and
(f)
requiring authorities; and
(g)
iwi authorities.
(2)
If a proposed plan or plan change relates to the coastal marine area, the regional planning committee—
(a)
must consult with—
(i)
the Minister responsible for aquaculture in relation to the management of aquaculture activities; and
(ii)
the Minister responsible for fisheries in relation to fisheries management; and
(b)
must consult with customary marine title groups in the area.
Compare: 1991 No 69 Schedule 1 cl 3(1), (3)
19 Previous consultation under other legislation
(1)
A regional planning committee need not consult as required by clause 18 to the extent that the matter in the proposed plan or plan change has been the subject of consultation with the same person or group of persons, or their representative or agent, under other legislation.
(2)
The exemption under subclause (1) applies only if—
(a)
the previous consultation took place within the 36 months before public notice was given of the proposed plan or plan change that the matter relates to; and
(b)
the person, group of persons, or their representative or agent was advised that the information obtained from that consultation would also apply to matters under this Act.
Compare: 1991 No 69 Schedule 1 cl 3C
20 Identification of draft strategic content
(1)
A regional planning committee must identify—
(a)
the draft strategic content that must be notified in accordance with clause 22; and
(b)
if practicable, the plan outcomes that the committee wishes to achieve through its approach to those matters.
(2)
For the purposes of this clause, the matters that the regional planning committee must identify and notify include—
(a)
draft strategic content that—
(i)
reflects the environmental issues of importance to a region or its constituent districts; and
(ii)
outlines the requirements that must be met so that the plan—
(A)
is consistent with the regional spatial strategy; and
(B)
gives effect to the national planning framework; and
(b)
the draft zoning for the region; and
(c)
the matters relevant to the protection of places of national importance (see section 417); and
(d)
any other matters that are significant to the region or its constituent districts.
Engagement register
21 Engagement register
(1)
A regional planning committee must—
(a)
establish and maintain an engagement register for the purpose of identifying any person who is interested in providing feedback to the regional planning committee in the plan development process; and
(b)
as far as practicable, seek feedback from any party that has registered an interest in a topic, also allowing time for responses to those parties.
(2)
The planning committee is not obliged to consult the persons identified in the register, but must act in good faith when considering matters known to be of interest to particular persons.
(3)
The following persons and groups relevant to the region, however, do not need to register as they have a right to be consulted on plan preparation under clause 18:
(a)
the Minister for the Environment; and
(b)
the Minister of Conservation and each relevant regional conservator; and
(c)
the constituent local authorities; and
(d)
requiring authorities; and
(e)
iwi authorities; and
(f)
customary marine title groups; and
(g)
hapū with an engagement agreement.
(4)
Except as provided in subclause (3), a regional planning committee is not obliged to consult persons who are not registered under this clause.
Notification of engagement register and draft strategic content
22 How engagement register and draft strategic content to be notified
(1)
Within 12 months of a resolution being made by the regional planning committee referred to in clause 2(1)(a), the committee must publicly notify—
(a)
how persons can register to engage in the plan development process and how the engagement register works; and
(b)
the draft strategic content as required by clause 20.
(2)
The public notification of the register and those issues must be given—
(a)
concurrently; and
(b)
in the same manner as the public notification of a proposed plan under clauses 34 and 35, which apply with the necessary modifications.
(3)
Persons who register under this clause must identify the topics or issues that they are interested in.
23 Time frame for registration of engagement register
Registration of the engagement register—
(a)
opens when the regional planning committee notifies the draft strategic content; and
(b)
closes 30 days after the date of notification of the engagement register.
Enduring submissions and consultation requirements
24 Enduring submissions
(1)
Once public notice of the draft strategic content is given under clause 22, any persons may make an enduring submission, but must do so not later than 90 working days after the matters for consultation have been notified.
(2)
Local authorities, including the regional council of a region and every territorial authority whose district is wholly or partly in the region, may make enduring submissions.
(3)
Any other person may make an enduring submission but, if the person could gain an advantage in trade competition through the submission, the person’s right to make a submission is limited by subclause (4).
(4)
A person who could gain an advantage in trade competition through a submission may make the submission only if directly affected by an effect that—
(a)
adversely affects the environment; and
(b)
does not relate to trade competition or the effects of trade competition.
(5)
An enduring submission must be in the prescribed form, and may be updated, withdrawn, carried over, or replaced with a primary submission by the submitter.
(6)
An enduring submission has the same status under this Act as a primary submission.
25 Supporting information to be provided with enduring submissions
Persons making an enduring submission must provide all supporting information that they are going to rely on, either—
(a)
with the submission; or
(b)
during the primary submission period.
Evaluation reports
26 Requirement to prepare evaluation report
(1)
A regional planning committee that has prepared a proposal or plan change must—
(a)
prepare an evaluation report in accordance with clause 27; and
(b)
have particular regard to that report when deciding whether to proceed with the plan or plan change.
(2)
If the proposal is included as part of a request for a private plan change (see subpart 2 of Part 2), an evaluation report must be prepared by—
(a)
the requester or their representative; and
(b)
the relevant local authority, if the local authority has recommended alternative provisions to those proposed by the requester.
(3)
The local authority’s obligation under subclause (2)(b) applies only in respect of the part of the proposal that the local authority’s recommendations for change apply to.
(4)
The regional planning committee or any person preparing an evaluation report on a proposal may consider together, for evaluation purposes, the components of the proposal such as the plan outcomes, and its policies, rules, and methods.
(5)
The power to consider the components of a proposal together under subclause (4) applies only if, and to the extent that, the components relate to the same plan outcome or deal with the same resource management matter or issue.
Compare: 1991 No 69 Schedule 1 cl 5(1)(a)
27 Contents of evaluation report on proposal for plan or plan change
(1)
An evaluation report must examine the extent to which the proposal presents the most appropriate way to achieve the purpose of this Act.
(2)
An evaluation report must include consideration of the following matters:
(a)
the effectiveness of the proposal to achieve the system outcomes; and
(b)
how the decision-making principles have been used to determine how to provide most appropriately for the system outcomes; and
(c)
the impact on the environment and on the economy (whether adverse or beneficial) when proposing whether to regulate or not to regulate; and
(d)
how the implementation of the proposal can be monitored.
(3)
In reporting on the matters required under subclause (2), the report must contain—
(a)
the reasonably practicable alternative options in the proposal for achieving the purpose of this Act; and
(b)
the reasons for preferring the selected option.
(4)
The analysis for an evaluation report must begin early in the process of developing a plan.
(5)
Evaluation reports must be made in the form prescribed by regulations made under clause 141 of this schedule.
(6)
An evaluation report must be prepared and presented in a way that—
(a)
is cost-effective; and
(b)
provides a level of detail that is proportionate to the scale and significance of the proposal; and
(c)
is succinct and plainly expressed; and
(d)
optimises the usefulness of the evaluation to decision makers and the public.
(7)
An evaluation report may be limited to referring to provisions in the national planning framework, if the provisions of the plan are intended to give effect, wholly or largely, to those provisions of the framework.
(8)
A regional planning committee must include in its evaluation report a statement as to how, if at all, it has responded in its plan to the matters specified in section 174(1).
28 Amending proposal
(1)
If a proposal includes amending an existing proposal, consideration of whether the amending proposal is the most appropriate way to achieve the purpose of the Act must relate to—
(a)
the provisions of the amending proposal; and
(b)
the existing proposal, as far as its provisions—
(i)
are relevant to the provisions of the amending proposal; and
(ii)
would remain if the amending proposal takes effect.
(2)
If an amending proposal would impose a greater or lesser restriction on an activity than the existing restriction imposed by the national planning framework, the evaluation report must examine whether the restriction is justified in the circumstances of the region where the restriction would have effect.
29 Challenges to evaluation report
A plan proposal—
(a)
may be challenged on the grounds that an evaluation has not been prepared or undertaken, or has not been regarded or complied with; but
(b)
may only be challenged in a submission made under this schedule.
Designations included in the preparation of plans
30 Requirements relating to designations
(1)
The regional planning committee must give written notice of the matters specified in subclause (2) to any requiring authority with a designation that affects the region and has not lapsed, if the committee is intending to develop or review the plan.
(2)
The written notice required by subclause (1) must—
(a)
invite the requiring authority to state in writing whether the requiring authority needs the designation and the associated primary CIP, as relevant, to be included, with or without modification, in the proposed plan; and
(b)
specify the final date by which the requiring authority must provide its response (which must be not less than 30 working days after the notice given under subclause (1)).
(3)
If a requiring authority does not notify the regional planning committee as required by subclause (1), the planning committee must not include the designation in the proposed plan.
(4)
The regional planning committee must include in the proposed plan any designation or requirement for a designation notified to it if section 526 applies.
(5)
If a regional planning committee includes a requirement, or a modified requirement, in the proposed plan, the committee must make all the information required for the notice publicly available.
(6)
A requiring authority may withdraw a requirement for a designation by giving written notice to the relevant regional planning committee in accordance with section 537.
Compare: 1991 No 69 Schedule 1 cl 4
Reporting and reviewing plans
31 Regional planning committee to report to Secretary for Environment on compliance with NPF
(1)
A regional planning committee must submit a report to the Secretary for the Environment (or the Director-General of Conservation in the case of plan provisions relating to the coastal marine area) with details about how the plan will—
(a)
give effect to the national planning framework; and
(b)
set and apply environmental limits.
(2)
The regional planning committee must submit the report at least 3 months before the date on which the plan must be notified, but may submit the report earlier.
(3)
Subclause (2) applies only in relation to the development of a full plan or a full review of a plan.
(4)
The Secretary for the Environment or the Director-General of Conservation, as the case requires,—
(a)
must review the report and may take any action under this Act in respect of the report that they think appropriate; and
(b)
may identify alternative provisions for the regional planning committee to consider.
(5)
The report must be in the form prescribed by regulations (if any) made under clause 141(1)(d) of this schedule.
32 Review by appointing body
(1)
This clause applies only to a review by an appointing body (see clause 1 of Schedule 7) in respect of the development or review of a full plan.
(2)
Before the regional planning committee decides to proceed with a proposed plan, an appointing body for the region must be given an opportunity to review the proposed plan for the purpose of—
(a)
familiarising themselves with the content of the proposed plan; and
(b)
identifying any errors; and
(c)
identifying any risks in the implementation or operation of the plan.
(3)
The regional planning committee must—
(a)
provide the appointing body with the most recent copy of the proposed plan for that purpose; and
(b)
specify a 3-month time frame for the review; and
(c)
ensure that the review has the same time frame as the report required by clause 31.
(4)
The appointing body must provide any comments on the proposed plan to the regional planning committee within the time frame for the review.
(5)
The regional planning committee may amend the proposed plan in response to those comments.
33 Review of proposed plan
(1)
Before a regional planning committee decides to proceed with a proposed plan, each regional planning committee must provide, to the constituent local authorities of its region, an opportunity to review that proposed plan to the extent that the plan deals with the following matters:
(a)
how the plan provides for—
(i)
statements of community outcomes; and
(ii)
statements of regional environmental outcomes (see section 174(1)(a)); and
(b)
the financial and operational implications for the local authorities of implementing the plan.
(2)
The regional planning committee must—
(a)
provide the relevant local authorities with the most recent copy of the proposed plan for that purpose; and
(b)
specify a 3-month time frame for the review; and
(c)
ensure that the review has the same time frame as the report required by clause 31.
(3)
The local authority must provide any comments on the proposed plan to the regional planning committee within the time frame for the review.
(4)
The regional planning committee may amend the proposed plan in response to those comments.
Notification of proposed plans
34 Planning committee to notify proposed plan
(1)
If a regional planning committee decides to proceed with a proposed plan, it must provide a copy of the proposed plan and the associated evaluation report to—
(a)
the Minister for the Environment; and
(b)
the Minister of Conservation and each appropriate regional conservator in the Department of Conservation; and
(c)
the constituent local authorities of the region and any adjacent local authorities; and
(d)
the regional councils adjacent to the affected region, and any constituent local authorities in an adjacent region; and
(e)
iwi authorities in the region.
(2)
The plan and its associated evaluation report must be publicly notified across the whole region including, at least, by giving public notice—
(a)
on an Internet site of the regional planning committee that is open and free to the public; and
(b)
on the public Internet sites of the constituent local authorities of the region; and
(c)
access to a copy in the library of each constituent local authority.
(3)
Regional planning committees may, but are not obliged to, give written notice to directly affected ratepayers under this clause when notifying—
(a)
a proposed plan:
(b)
a plan change.
(4)
However, there is an obligation to serve written notice on directly affected ratepayers—
(a)
if the regional planning committee is undertaking a proportionate plan change that is given limited notification (see clause 48):
(b)
in the case of land that is subject to a requirement for, or modification of, a designation if the regional planning committee is notifying land owners and occupiers likely to be directly affected.
(5)
The version of the proposed plan that is publicly notified must state which rules in the plan are intended to have immediate legal effect under section 198.
35 Form and time frame of public notice
(1)
Public notice under clause 34 must—
(a)
set out the following matters:
(i)
where the proposed plan and its associated evaluation report may be inspected; and
(ii)
that any person may make a primary submission on the proposed plan; and
(iii)
the process for public participation in the consideration of the proposed plan; and
(iv)
the closing date for submissions; and
(v)
an address for service for—
(A)
written submissions; and
(B)
electronic submissions; and
(b)
include any further information prescribed by regulations made under clause 141(1)(e) of this schedule.
(2)
The public notice must—
(a)
also identify the rules that are intended to affect any existing land uses (see section 30); and
(b)
be in the form prescribed for the purpose by regulations made under clause 141(1)(e) (if any); and
(c)
specify that, for primary submissions on the proposed plan,—
(i)
a submission must be submitted to the regional planning committee not later than 40 working days after the public notification of the proposed plan; and
(ii)
supporting information identified in the submission must be provided—
(A)
not later than 80 working days after the closing date under subparagraph (i); and
(B)
to the regional planning committee.
Primary and secondary submissions
36 Who may make primary submissions
(1)
Once a proposed plan is publicly notified under clause 34, the persons described in subclause (2) may make a submission (a primary submission) on it to the regional planning committee.
(2)
The persons are—
(a)
affected local authorities, including the constituent local authorities of a region; and
(b)
the relevant regional planning committee; and
(c)
any other person.
(3)
Clause 24(4) applies under this clause.
37 Contents of primary submissions
(1)
A primary submission must—
(a)
be in a form (if any) approved for the purpose by the Secretary for the Environment; and
(b)
identify each provision of the plan being submitted on; and
(c)
include all the supporting information that the submitter intends to rely on in support of the submission or, where the supporting information is not provided at the time of the submission, the submission must identify the type of supporting information that will be provided by the closing date provided for in clause 35(2)(c)(ii)(A); and
(d)
specify the relief that is sought; and
(e)
identify the type of supporting information that will be provided, as by supplying a list.
(2)
All supporting information identified under subclause (1)(e) and that the submitter will rely on must be lodged with the primary submission not later than 80 working days after public notification (see clause 35(2)(c)).
38 Public notice of submissions
Primary submissions received
(1)
Not later than 10 working days after the closing of the final period for primary submissions lodged under clause 35(2)(c)(ii)(A), a regional planning committee must give public notice, in the same manner as the public notification is given of a proposed plan under clause 34, of—
(a)
all primary submissions it receives (including enduring submissions that must be treated as primary submissions); and
(b)
where submissions relating to a proposed plan can be inspected; and
(c)
where the summary of submissions based on information lodged under clause 35(2)(c)(i) can be inspected; and
(d)
where the supporting information lodged under clause 35(2)(c)(ii) can be inspected; and
(e)
the last day for making secondary submissions, which must be at least 40 working days after the notice is given under this subclause; and
(f)
the limitations on the content and form of a secondary submission.
(2)
The public notice required by subclause (1) must be served on every person who made a primary submission.
(3)
A summary made under subclause (1)(c) must—
(a)
identify the provisions of the proposed plan that the submission relates to; and
(b)
identify whether or not the submitter agrees with the provisions or seeks to amend the provisions; and
(c)
be made in the prescribed form (if any).
(4)
Not later than 10 working days after the closing period for secondary submissions to be lodged, the regional planning committee must give public notice, in the same manner as for public notification of a proposed plan under clause 34, as to where secondary submissions and relevant supporting information can be inspected.
(5)
A regional planning committee may, but is not obliged to, prepare a summary of submissions based on the supporting information received with the submissions under clause 35(3).
Accessibility of submissions
(6)
Every local authority in the region must make—
(a)
a copy of the notice available on its website and in every public library in its area; and
(b)
a copy of every primary, secondary, and enduring submission available on its website in a searchable format.
Compare: 1991 No 69 Schedule 1 cl 7
39 Certain persons may make secondary submissions
(1)
The following persons may make a secondary submission in the prescribed form (secondary submission) on a proposed plan to the relevant planning committee in response to a primary submission or an enduring submission:
(a)
any person directly affected by the subject matter dealt with in an enduring or a primary submission:
(b)
any person representing a relevant aspect of the public interest, including the regional planning committee on its own plan:
(c)
a constituent local authority of the region:
(d)
any Minister of the Crown.
(2)
A secondary submission must—
(a)
be limited to a matter in support of or in opposition to a primary submission made under clauses 24 and 36; and
(b)
include all the supporting information that the submitter intends to submit in support of the submission; and
(c)
explain how the submitter is directly affected by the content of a primary or enduring submission.
(3)
Not later than 40 working days after notice is given under clause 38(1), any secondary submission and any supporting information must be submitted to the regional planning committee.
(4)
A person who makes a secondary submission must serve all supporting information that the person intends to rely on as soon as practicable on the person who made the enduring or primary submission to which the secondary submission relates.
(5)
Clause 24(4) applies under this clause.
Compare: 1991 No 69 Schedule 1 cl 8
40 Planning committee may request further information and commission reports
A regional planning committee may,—
(a)
by written notice, request a submitter to provide further information relating to the person’s submission:
(b)
commission any person to prepare a report on any issue relating to a matter in the submission.
41 Power to strike out submissions
(1)
A regional planning committee has the power to strike out the whole or a part of a submission in accordance with this clause.
(2)
Before a regional planning committee provides any information to an IHP or commissioners for the purposes of a hearing, the regional planning committee may direct that the whole, or a part, of a submission be struck out if the regional planning committee considers that—
(a)
the whole submission, or the part, is frivolous or vexatious; or
(b)
the whole submission, or the part, discloses no reasonable or relevant case; or
(c)
it would otherwise be an abuse of the hearing process to allow the whole submission, or the part, to be taken further; or
(d)
supporting information provided with the submission, though purporting to be prepared by a person with specialised knowledge or expertise, has been prepared by a person who is not independent or who does not have specialised knowledge or expertise; or
(e)
it contains offensive language; or
(f)
in the case of a primary submission, that it does not identify the plan provision that is being submitted on; or
(g)
it seeks relief that the IHP or commissioners do not have jurisdiction to grant.
(3)
If a regional planning committee makes a direction under subclause (1), it must provide the reasons for making the direction to—
(a)
the submitter; and
(b)
the IHP or commissioners, as relevant.
(4)
A person whose submission is struck out, in whole or in part, has a right of objection under clause 64.
Compare: 1991 No 69 Schedule 1 cl 8
42 Regional planning committee to provide information to IHP
(1)
A regional planning committee must provide copies in electronic form of the following to an IHP (in the case of a plan or plan change using the standard process) or commissioners (in the case of a plan change using a proportionate or an urgent process):
(a)
the proposed plan or proposed plan change:
(b)
any notices about designations, or notices of requirement for designations, including the responses of requiring authorities:
(c)
the relevant evaluation report (if prepared by an entity other than by the committee) and any relevant evaluation report prepared by a relevant local authority:
(d)
the report prepared under clause 31:
(e)
the primary, secondary, and enduring submissions, together with all supporting information received by the closing date for submissions to be received:
(f)
any other relevant information held by the committee that is requested by the IHP or commissioners.
(2)
The copies required by subclause (1) must be provided as soon as practicable, but not later than 40 working days after the date on which the secondary submissions are notified under clause 38(4).
43 Amendment of proposed plans
Without using the processes provided in this schedule, the planning committee must amend a proposed plan if directed to do so—
(a)
by the Environment Court under clause 48 of Schedule 13; or
(b)
in the national planning framework.
Compare: 1991 No 69 Schedule 1 cl 16
44 When plan becomes operative
(1)
(2)
The regional planning committee must not approve a proposed plan or proposed plan change, or part of a proposed plan or proposed plan change, unless all submissions and appeals relating to that part of the plan or plan change have been withdrawn or finally determined.
(3)
An approval of a proposed plan or proposed plan change is made effective by resolution of the regional planning committee.
(4)
The regional planning committee must notify an approval—
(a)
to the Minister; and
(b)
publicly by notice in the Gazette; and
(c)
on the regional planning committee’s Internet site; and
(d)
by notice to the relevant local authorities within the region.
(5)
A proposed plan or proposed plan change becomes operative on the date specified in the notification given under subclause (4), which must be at least 5 working days after notice is given under that subclause.
45 Availability of operative plan
(1)
The regional planning committee must make a copy of its plan, once operative, on its Internet site and in every public library in its region.
(2)
The regional planning committee must also provide a copy of the operative plan to—
(a)
the Minister for the Environment; and
(b)
the Minister of Conservation; and
(c)
any affected local authorities, including—
(i)
the regional council of the region; and
(ii)
the territorial authority of every constituent district; and
(d)
the adjacent local authorities; and
(e)
iwi authorities in the region.
46 Correction and change of plans
(1)
A regional planning committee may, without using any of the processes in this schedule, amend an operative or a proposed plan if the amendment is of minor effect or is made to correct minor errors.
(2)
A regional planning committee may remove a scheduled item from a proposed or an operative plan if the scheduled item—
(a)
has been partly or wholly destroyed by a natural hazard; or
(b)
has been removed or demolished as a result of the grant of a resource consent or notice of requirement for the activity.
Compare: 1991 No 69 Schedule 1 cl 20A
Part 2 Other plan change processes
Subpart 1—Proportionate and urgent processes for making plan changes
Proportionate plan change process
47 Application of proportionate process for plan changes
(1)
If a regional planning committee is satisfied that a proportionate process is appropriate for a plan change (see clause 8(2)), the committee must follow the requirements for the standard process, except as varied by this clause.
(2)
The regional planning committee must not—
(a)
identify, or give public notice of, the draft strategic content (see clauses 20 and 22); or
(b)
prepare an engagement policy (see clause 17); or
(c)
give notice of an engagement register (see clause 22); or
(d)
provide for enduring or secondary submissions (see clauses 24 and 39).
(3)
A regional planning committee may, at its discretion,—
(a)
enter into engagement agreements:
(b)
send the proposed plan change to any adjacent (non-constituent) local authorities.
(4)
A proportionate plan change process must not be used to change the strategic content of a plan.
(5)
If the regional planning committee is using the proportionate process, it must undertake consultation with the following groups if the committee considers that they are affected by the matters covered by the proposed plan change:
(a)
iwi authorities and groups representing hapū within the region; and
(b)
constituent local authorities; and
(c)
Ministers of the Crown who may be affected by the plan change; and
(d)
requiring authorities.
(6)
Twenty working days before the regional planning committee notifies the proposed plan change, it must submit a report prepared under clause 31 to the Secretary for the Environment and (if relevant) the Director-General of Conservation.
(7)
Clause 42 applies to the proportionate plan change process, except that submissions will be heard by commissioners, not by the IHP.
(8)
A regional planning committee must give public notice of its decision to accept or reject the recommendations on a proportionate plan change within 2 years after the plan change is notified.
48 Proportionate process may use targeted or limited notification
(1)
(2)
If a regional planning committee is unable to identify all the persons directly affected by a plan change, the committee must, as an alternative to limited notification, give targeted notice, in order to avoid region-wide public notice being given where there is no legitimate public interest in the change.
(3)
If either limited or targeted notification is given, the regional planning committee—
(a)
must provide a copy of the proposed change, without charge, to—
(i)
the Minister for the Environment; and
(ii)
the Minister of Conservation and the Director-General of Conservation, in the case of a change that relates to the coastal marine area; and
(iii)
each local authority responsible for the plan or part of the plan to which the change relates; and
(iv)
iwi authorities and groups representing hapū and customary marine title groups affected by the matters that the change relates to; and
(b)
may provide any further information on the proposed change that it considers appropriate.
(4)
If a regional planning committee has given targeted notice, any person may make a primary submission.
(5)
Targeted notice must be given—
(a)
in a way that targets persons and communities that have an interest in the subject area to which the change relates, including those likely to be directly affected by the change; and
(b)
on Internet sites of both the regional planning committee and the local authority to whose jurisdiction the plan change relates.
(6)
Clauses 34 and 35 apply with any necessary modifications to the public notice required by subclause (5), except that the following may be extended by the regional planning committee:
(a)
the closing date for primary submissions on a proposed plan change must be at least 20 working days after the targeted notification is given; or
(b)
the regional planning committee may set a later closing date.
Compare: 1991 No 69 Schedule 1 cl 5A
49 Limited notification and submissions if proportionate process used
The regional planning committee must serve limited notification on the persons identified as being directly affected, stating—
(a)
where the proposed change or variation can be viewed; and
(b)
that only those given limited notification may make a submission on the change; and
(c)
how those persons may participate in the consideration of the proposed change; and
(d)
the closing date for submissions, which—
(i)
must be at least 20 working days after limited notification is given under this clause (though the regional planning committee may set a later date); or
(ii)
may be set, as an earlier closing date, as the last day on which the regional planning committee receives, from all the directly affected persons, a submission or written notice that no submission will be made; and
(e)
the address for service for a submission or notice on the planning committee.
Urgent plan change process
50 Initiation of urgent process for making plan change
(1)
This section applies—
(a)
if a regional planning committee receives a request for an urgent plan change; or
(b)
if the committee itself identifies the need for an urgent plan change.
(2)
The regional planning committee must assess whether the plan change requested or identified, or part of it, meets 1 of the reasons set out in subclause (3) for applying the urgent process to a plan change.
(3)
The regional planning committee may initiate an urgent plan change process, including a process that is outside the 3-yearly reporting cycle for 1 of the following reasons:
(a)
the Minister has directed a plan change or a review of a matter; or
(b)
the national planning framework has directed a plan change or a review of a matter; or
(c)
a plan change is required to avoid significant harm to the environment or to human health; or
(d)
it would be inappropriate to delay dealing with an environmental issue until the next 3-yearly reporting cycle, as long as making the plan change does not interfere with the 3-yearly programme of work; or
(e)
the regional planning committee agrees that there are exceptional circumstances that warrant the use of the urgent process.
(4)
If the regional planning committee considers that none of the reasons for granting an urgent process applies, it must advise the requester accordingly.
(5)
If the Minister directs a plan change that affects the strategic content of a plan, the standard plan change process must be used.
(6)
A regional planning committee may accept a request in full or in part, but must not, because the full scope of the request does not come within the reasons set out in subclause (3), decline changes—
(a)
requested by the Minister; or
(b)
directed by the national planning framework.
(7)
If a regional planning committee proceeds with an urgent plan change,—
(a)
it is not required to give public notice that an urgent plan change has been included in the programme of work; but
(b)
it must change the programme of work to accommodate the urgent plan change.
51 Application of urgent process for plan changes
(1)
If a regional planning committee is satisfied that an urgent process is appropriate for a plan change, the committee must follow the requirements for the standard process, except as varied by this clause.
(2)
The regional planning committee must not include the following steps:
(a)
identifying and giving public notice of the draft strategic content (see clauses 20 and 22); or
(b)
preparing an engagement policy (see clause 17); or
(c)
giving notice of an engagement register (see clause 22); or
(d)
providing for enduring submissions (see clause 24); or
(e)
providing for secondary submissions (see clause 39).
(3)
A regional planning committee may, at its discretion,—
(a)
enter into engagement agreements:
(b)
send the proposed plan change to any adjacent (non-constituent) local authorities:
(c)
decide whether commissioners are to hold hearings of submissions forwarded to the commissioners under clause 42.
(4)
The urgent plan change process must not be used to change the strategic content of a plan, unless that course is directed by the national planning framework.
(5)
If the regional planning committee is using the urgent process, it must undertake early consultation with the following groups if the committee considers that they are affected by the matters covered by the proposed plan change:
(a)
iwi authorities and groups representing hapū within the region; and
(b)
constituent local authorities; and
(c)
Ministers of the Crown whose responsibilities may be affected by the plan change; and
(d)
government departments and ministries; and
(e)
requiring authorities.
(6)
Twenty days before a regional planning committee notifies a proposed plan change, it must submit a report prepared under clause 31 to the Secretary for the Environment and (if relevant) to the Director-General of Conservation.
(7)
Clause 42 (regional planning committee to provide information to IHP) applies to urgent plan change processes, except that submissions will be heard (subject to subclause (3)(c)) by commissioners and not by the IHP.
(8)
Within 1 year of an urgent plan change being notified, the regional planning committee must give public notice of a decision to accept or reject the recommendations relating to the urgent plan change.
52 Notification and submissions if urgent process applied
(1)
A regional planning committee must publicly notify a plan change being undertaken under the urgent process in the same manner as a plan is notified (see clauses 34 and 35).
(2)
Any person may make a primary submission on a plan change to which an urgent process is applied.
(3)
The closing date for primary submissions under the urgent process must be at least 20 working days after the date on which the plan change is notified, but the regional planning committee may extend the notification period for an urgent plan change process.
Hearings for proportionate and urgent plan changes
53 Appointment of commissioners
(1)
A regional planning committee must appoint 1 or more accredited commissioners (hearing commissioners) to hear submissions and make recommendations to the committee on any proportionate or urgent plan changes.
(2)
In considering appointments of persons to be commissioners, the regional planning committee must—
(a)
consult iwi and groups representing hapū of the region; and
(b)
appoint at least 1 person with an understanding of te Tiriti o Waitangi and its principles, tikanga Māori, and the mātauranga of the iwi and hapū of the region.
(3)
If a regional planning committee does not, for any reason, choose to hold a hearing in the course of applying an urgent plan change process, the committee must appoint 1 or more accredited hearing commissioners—
(a)
to consider any submissions received; and
(b)
to make recommendations to the regional planning committee.
(4)
A hearing commissioner—
(a)
is not liable for anything done, reported, stated, or omitted in the exercise or intended exercise of the powers and performance or intended performance of the duties of the hearing commissioner, unless the person acted in bad faith:
(b)
must not be compelled to give evidence in court or in any proceedings of a judicial nature in relation to the commissioner, unless leave of the court is granted to bring proceedings relating to an allegation of bad faith against the hearing commissioner.
54 Functions and powers of commissioners
(1)
The principal function of hearing commissioners is to hear submissions and make recommendations on a proposed plan change, following the proportionate or urgent plan change process.
(2)
Hearing commissioners must—
(a)
hold hearings (except in the case of an urgent plan change, if the regional planning committee determines that no hearing is to be held); and
(b)
make recommendations on submissions received on a proposed plan change to the regional planning committee.
(3)
For the purposes of subclause (2)(a), hearing commissioners may—
(a)
hold or authorise pre-hearing meetings and conferences of experts, and conduct or authorise alternative dispute resolution processes; and
(b)
commission reports.
55 Hearings conducted by commissioners
(1)
Commissioners must hold hearings of submissions on a proposed plan change, subject to the requirements of the plan change process.
(2)
Hearings must be held in public, unless an exception is permitted to protect sensitive information as required by—
(a)
(b)
section 48 of the Local Government Official Information and Meetings Act 1987.
(3)
Commissioners may, except as expressly provided otherwise by or under this Act, regulate as they see fit how they conduct their proceedings.
(4)
However, commissioners must not accept late submissions.
(5)
If more than 1 commissioner is hearing a proceeding, the commissioners must select 1 of their number to chair the proceeding.
(6)
The commissioner acting as chairperson has the powers necessary to—
(a)
conduct the hearing; and
(b)
maintain order at the hearing; and
(c)
permit a submitter to have a supporter at the hearing.
56 Recommendations by commissioners
(1)
Commissioners who have heard submissions on a proposed plan change must make their recommendations in written reports to the relevant regional planning committee not later than 40 working days after the close of the hearing.
(2)
Recommendations made under subclause (1) may include recommended changes to the provisions of the proposed plan change.
(3)
If no hearing is held, commissioners must make their recommendations in written reports to the relevant regional planning committee within 40 working days after the closing date for submissions.
(4)
Commissioners may make recommendations on matters within the scope of the submissions, but may also make recommendations on any matters outside the scope of the submissions, if necessary or desirable to preserve the policy and coherence of the plan.
57 Reports on recommendations
(1)
The reports that must be provided to the regional planning committee under section 129 must include—
(a)
the recommendations of the commissioner on the topics covered by the report; and
(b)
any recommendations that are outside the scope of the submissions; and
(c)
the recommendations on particular provisions of the proposed plan change as they relate to particular topics of the report; and
(d)
the reasons why the commissioner has accepted or rejected submissions.
(2)
Each report may include—
(a)
matters relating to changes to the proposed plan change that are needed as a consequence of matters raised in the submissions:
(b)
any other matter that the commissioner considers to be relevant to the proposed plan change as a result of matters raised in the submissions.
(3)
The commissioner may deal with the submissions by grouping them according to topics or in accordance with the provisions to which they relate.
(4)
The commissioner is not required to make recommendations that deal with each submission individually.
58 Matters that affect recommendations
When formulating their recommendations, the hearing commissioners must apply the requirements of clause 127 with any necessary modifications.
59 Consideration of recommendations
(1)
When a regional planning committee receives a report of a commissioner in relation to a hearing on a plan change, the committee—
(a)
must decide whether to accept or reject each recommendation in the report:
(b)
may, if it rejects a recommendation, decide on an alternative to that recommendation:
(c)
may accept a recommendation but make a minor alteration to it or correct a minor error:
(d)
may accept a recommendation of the commissioner that is outside the scope of the submissions.
(2)
An alternative proposed under subclause (1)(b) may (but need not) include in part the proposed plan change and in part the commissioner’s recommendations, as long as the alternative is within the scope of the submissions.
(3)
When making its decisions under subclause (1), a regional planning committee—
(a)
is not required to consult any person or consider submissions of other supporting information from any person; but
(b)
must not consider any submission or other supporting information unless the commissioner had access to the submission or other supporting information before they completed the report required by clause 56.
60 Decisions of regional planning committee
(1)
The regional planning committee must—
(a)
make its decisions within 40 working days after it receives the reports with the recommendations of the commissioner; and
(b)
give public notice of its decisions across the region and on an Internet site maintained by the local authorities of the region concerned, including the recommendations of the commissioner that the committee accepted and those it rejected, with reasons in each case, and, if relevant, any alternative provided by the committee for a rejected recommendation; and
(c)
at the same time as it gives public notice of its decisions,—
(i)
make the commissioner’s report publicly available with advice as to where it may be inspected; and
(ii)
serve a copy of the public notice on every person who made a submission, with advice as to the time frame within which an appeal to the Environment Court may be lodged.
(2)
However, if a proportionate process is being used and only limited notification has been provided, the regional planning committee only gives notice of its decisions to the persons notified of the plan change for the purpose of making submissions.
61 Plan change must be amended
The regional planning committee must amend the proposed plan change in accordance with its decisions notified under clause 60.
62 Variation and merger
(1)
The regional planning committee may use any of the processes described in clause 8 to vary a proposed plan or proposed plan change at any time after the proposed plan or proposed plan change is notified but before the plan or change is approved.
(2)
A variation must be merged in, and become part of, the proposed plan or proposed plan change when the variation reaches the same procedural stage as the proposed plan or plan change.
(3)
If a variation includes a provision that is to be substituted in the proposed plan or plan change, and a submission or appeal has been lodged against that provision, the submission or appeal must be treated as a submission or appeal against the variation.
(4)
On and after the date that the variation is notified, the proposed plan or plan change has effect as if it had been varied.
(5)
Subclause (4) does not apply to a proposed plan or proposed plan change if the regional planning committee approved the proposed plan or proposed plan change for which it has initiated a variation.
(6)
The provisions of this schedule apply, with any necessary modifications, to a variation as if it were a plan change.
63 Extension of deadlines
(1)
A regional planning committee may extend the deadline referred to in clause 60(1)(a) to allow more time to finalise decisions on recommendations.
(2)
Any extension must be no longer than 20 working days.
Compare: 1991 No 69 Schedule 1 cl 10A
64 Objection rights
(1)
(2)
The right of objection must be exercised in writing, giving reasons for the objection, within 15 working days after a recommendation or decision is notified to the person.
(3)
A commissioner must—
(a)
consider the objection as soon as practicable; and
(b)
give the objector not less than 5 working days’ notice of the date, time, and place for a hearing on the objection.
(4)
After the hearing, the commissioner must—
(a)
either dismiss the objection or uphold it in whole or in part; and
(b)
advise the objector in writing of the decision and the reasons for it.
(5)
The decision of the commissioner under this clause is final.
Appeal rights relating to use of proportionate and urgent processes
65 Appeals
(1)
If a regional planning committee has used either the proportionate or the urgent process to determine a proposed plan change, there is a right to appeal to the Environment Court for persons who made submissions on the proposed plan change.
(2)
Appeals may be made in respect of any of the following:
(a)
a provision included in the proposed plan change:
(b)
a matter not included in the proposed plan change:
(c)
a provision arising from a submission that is proposed to be—
(i)
included in the plan change:
(ii)
excluded from the plan change.
(3)
An appeal is permitted only if the submitter referred to the provision or matter in the person’s submission on the proposed plan change.
(4)
Appeals must be lodged, in the prescribed form, not later than 30 working days after the regional planning committee’s notice of its decision is served.
(5)
The appellant must serve a copy of the notice of appeal in the prescribed manner.
(6)
In the case of an appeal in relation to a private plan change request, the requester has the same rights as a submitter.
Environment Court hearing
66 Environment Court hearing
(1)
The Environment Court must hold a public hearing on any provision or matter referred to it.
(2)
If the Environment Court, in a hearing on any provision of a proposed plan, directs a regional planning committee on any matter under clause 48 of Schedule 13, the committee must comply with the direction.
Compare: 1991 No 69 Schedule 1 cl 15(1), (2)
Subpart 2—Private plan changes
Private plan change requests
67 Private plan change requests
(1)
Any person (other than a local authority) may request a plan change under this subpart (private plan change), unless excluded by subclause (4).
(2)
Despite subsection (1), the local authority of an adjacent region may request a private plan change.
(3)
A request under subclause (1) or (2) may be made—
(a)
to the local authority or more than 1 local authorities acting jointly that—
(i)
is responsible for the region or district to which the request relates; and
(ii)
has the functions and duties relevant to administering the part of the plan that the requested plan change relates to; or
(b)
directly to the Environment Court if section 206(3)(b) applies.
(4)
No person may request a private plan change that affects the strategic content of a plan.
(5)
If the requested plan change affects more than 1 local authority, the request must be made to the relevant local authorities acting jointly.
Compare: 1991 No 69 Schedule 1 cl 21
68 Form of private plan change requests
(1)
A person making a request for a private plan change must—
(a)
make the request in writing to 1 or more relevant local authorities; and
(b)
explain the purpose of, and the reasons for, the requested plan change; and
(c)
include an evaluation report, as provided for in clause 26 (requirement to prepare evaluation report); and
(d)
describe the actual and potential effects on the environment of allowing the request; and
(e)
set out whether, and to what extent, the request, if granted, would contribute to the relevant outcomes and policies, and respond to, environmental limits and targets identified in—
(i)
the relevant operative or proposed plan; and
(ii)
a regional spatial strategy; and
(iii)
the national planning framework.
(2)
A request must also include a draft report to the Secretary for the Environment, with details about how the private plan change request—
(a)
will give effect to the national planning framework; and
(b)
will comply with the environmental limits.
Compare: 1991 No 69 Schedule 1 cl 22
69 Information and report may be required
(1)
A local authority that receives a request for a private plan change under clause 68 may, within 20 working days of receiving the request, give written notice to the person making the request (the requester) to advise that further information is required to enable the local authority to better understand—
(a)
the nature of the request and the effects on the environment likely to arise from the private plan change requested; and
(b)
how adverse effects on the environment may be managed; and
(c)
the benefits and costs, including effectiveness and efficiency likely to arise from the private plan change requested; and
(d)
any possible alternatives to the private plan change requested; and
(e)
the nature of any consultation undertaken or to be undertaken; and
(f)
whether, and to what extent, the private plan change requested would, if granted, contribute to the relevant outcomes, environmental limits, targets, and policies identified in—
(i)
any relevant operative or proposed plan:
(ii)
a regional spatial strategy:
(iii)
the national planning framework.
(2)
Information required under this clause must be appropriate to the scale and significance of the anticipated effects of the requested plan change.
(3)
A local authority may require a requester to provide additional information on the request within 15 working days of information being received from the requester in response to a notice given under subclause (1).
(4)
A local authority may commission an independent report on the requested plan change—
(a)
within 20 working days of receiving a request under clause 68; or
(b)
within 15 working days of receiving additional information under subclause (3).
(5)
The local authority must notify the requester in writing if a report is commissioned under subclause (4).
(6)
A requester may—
(a)
decline to provide further or additional information:
(b)
disagree with the commissioning of a report:
(c)
require the local authority to proceed with considering the request.
(7)
A local authority—
(a)
must specify reasons for requiring information, or commissioning a report, under this clause; and
(b)
may, with the requester’s agreement, modify the request as a result of information received or other matters relevant to the request.
Compare: 1991 No 69 Schedule 1 cls 23, 24
Consideration of private plan change requests
70 When request must be considered
(1)
The local authority must,—
(a)
30 working days after receiving all the information under clause 69(1), (3), or (4) or modifying the request in accordance with clause 69(7)(b),—
(i)
pay particular regard to the information received under clauses 68 and 69; and
(ii)
decide how to deal with the request; and
(b)
within 10 working days of making a decision under this clause, notify the requester of its decision and the reasons for that decision.
(2)
A local authority that receives a request under clause 67(1) for a private plan change may, after having particular regard to all the information provided under clause 68(1),—
(a)
accept the request, in whole or in part; or
(b)
deal with the request as if it were an application for a resource consent (and the provisions of Part 6 will apply); or
(c)
recommend alternative provisions; or
(d)
reject the request.
(3)
If subclause (1)(b) applies, the applicant must lodge a formal resource consent application.
Compare: 1991 No 69 Schedule 1 cl 25(1), (1A), (3), (5)
71 Plan change request to more than 1 local authority
(1)
This clause applies if a request is made for a plan change to more than 1 local authority, and those local authorities cannot agree on how to progress the request.
(2)
The local authorities that received the request must, within 30 working days of receiving it, forward the request and all information received to the regional planning committee.
(3)
Within 30 working days after receiving the request, those local authorities must notify the requester that the request has been forwarded to the regional planning committee and the reasons for that decision.
(4)
After receiving the request and information from the local authorities, the regional planning committee must—
(a)
within 30 working days of receiving the request and information from the local authorities, decide how to deal with the request in accordance with clause 70(1); and
(b)
within 10 working days of making that decision, notify the requester with the reasons for the decision it has made.
(5)
Clauses 70 and 73 to 77 apply to the processing of the request and provide for a right of appeal if a request is rejected by the regional planning committee.
72 Plan change request applying to whole of region
(1)
If a private plan change request applies to a land use or subdivision across all the districts of a region, the regional planning committee is responsible for processing the request.
(2)
Clauses 70 to 77 apply to the processing of a request and provide a right of appeal if a request is rejected by the regional planning committee.
73 Grounds for rejecting request
(1)
In considering a request for a private plan change under clause 70, a local authority may reject the request on any of the following grounds:
(a)
the request—
(i)
was considered in the previous 3-yearly reporting cycle:
(ii)
is to be considered in the regional planning committee’s current programme of work (see section 780):
(iii)
would result in there being insufficient infrastructure capacity or funding available to support the development of infrastructure, unless the requester has an agreement with the relevant infrastructure provider:
(b)
the request is frivolous or vexatious:
(c)
the request, if granted, would mean that—
(i)
the plan would be non-compliant with Part 5:
(ii)
the plan would be inconsistent with the relevant regional spatial strategy:
(iii)
the plan would be inconsistent with its strategic content:
(d)
the request proposes to amend the strategic content of the plan.
(2)
A local authority must reject a request if the request—
(a)
relates to a plan that has been operative for less than 2 years; or
(b)
would mean that the plan cannot give effect to the national planning framework.
(3)
If the local authority rejects a request for a private plan change on any of the grounds set out in subclause (1), the request must not be progressed further.
74 Right of appeal
(1)
Within 15 working days of receiving a decision of the local authority under clause 70(2), a requester for a private plan change under clause 67 may appeal to the Environment Court against any of the following decisions:
(a)
a decision to deal with the request as if it were an application for a resource consent:
(b)
a decision to reject the request in part or as a whole.
(2)
To avoid doubt, there is no right of appeal to the Environment Court against the decision of the regional planning committee as to which of the 3 plan change processes is to be used in relation to a private plan change request.
Compare: 1991 No 69 Schedule 1 cl 27
75 Process if request is not rejected
(1)
If a local authority does not reject a request for a private plan change on any of the grounds set out in clause 73(1), the local authority must proceed as follows:
(a)
the local authority must forward the request to the relevant regional planning committee immediately; or
(b)
the local authority may recommend alternative provisions that are to be notified with the request.
(2)
Any provisions recommended under subclause (1)(b) must be within the scope of the original plan change request.
(3)
If a local authority recommends alternative provisions for a private plan change, the local authority must—
(a)
within 40 working days of making that recommendation, undertake an additional evaluation report; and
(b)
submit that report to the regional planning committee together with the request for a private plan change.
76 How regional planning committee is to proceed
(1)
Once a local authority has accepted a request for a private plan change, the regional planning committee must—
(a)
select which of the 3 plan change processes is to be used in respect of the request for a private plan change; and
(b)
apply that process in accordance with this schedule.
(2)
If a regional planning committee receives more than 1 request for a plan change to proceed using the same plan change process, it may manage them together and give joint public notice of them.
Request may be withdrawn
77 Withdrawal of request
(1)
A requester may withdraw a request for a private plan change at any time—
(a)
before the relevant plan change becomes operative in accordance with clause 44(5); or
(b)
before the relevant regional planning committee notifies its decision under clause 60.
(2)
If a regional planning committee or local authority (as relevant) has reasonable ground to consider that a requester does not wish to continue with the request for a private plan change, the committee or local authority may send a notice to the requester’s last known address, stating that the request will be treated as having been withdrawn if the requester does not advise the committee or authority otherwise within 30 working days.
(3)
The regional planning committee or local authority (as relevant) may treat the request as being withdrawn if a response is not received in accordance with subclause (2).
(4)
If the requester gives notice of withdrawal under subclause (1) or is treated as having withdrawn the request under subclause (2), the regional planning committee must—
(a)
cease to prepare the private plan change; and
(b)
if the request has been notified, ensure that public notice, with reasons, is given of the withdrawal within 15 working days of—
(i)
receiving a notice of withdrawal under subclause (1); or
(ii)
treating the request as being withdrawn under subclause (3).
Compare: 1991 No 69 Schedule 1 cl 28
Subpart 3—General hearings provisions
78 Application of this subpart
(1)
This subpart applies, with any necessary modifications, to hearings in relation to each of the following matters:
(a)
an application for a resource consent:
(b)
a review of a resource consent:
(c)
an application to change or cancel a condition of a resource consent:
(d)
a notice of requirement for, or to alter, a designation or heritage protection order:
(e)
a plan change or plan variation, when either a proportionate or an urgent process under this schedule is used:
(f)
a proposal of national significance that is referred to a board of inquiry:
(g)
an NPF proposal that is referred to a board of inquiry.
(2)
Unless otherwise provided in this Act, this schedule does not apply to a hearing of an IHP.
(3)
In this subpart, authority means the body or person that conducts hearings to which this subpart relates.
79 Hearings to be public and without unnecessary formality
(1)
The authority must hold the hearing in public (unless permitted to do otherwise by clause 119 of this schedule (which relates to the protection of sensitive information) or the Local Government Official Information and Meetings Act 1987), and must establish a procedure that is appropriate and fair in the circumstances.
(2)
In determining an appropriate procedure, the authority must—
(a)
avoid unnecessary formality; and
(b)
recognise tikanga Māori where appropriate; and
(c)
subject to Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016, receive evidence or supporting information in te reo Māori, written or spoken, as applicable; and
(d)
not permit any person other than the chairperson or other member of the authority to question any party or witness; and
(e)
not permit cross-examination.
Compare: 1991 No 69 s 39
80 Hearing using remote access facilities
Interpretation
(1)
In this clause,—
audio link means a facility (such as a telephone facility) that enables audio communication between an authority and 1 or more persons with a right to be heard at a hearing
audio-visual link means a facility that enables both audio and visual communication between an authority and 1 or more persons with a right to be heard at a hearing
remote access facility means any of the following:
(a)
audio link:
(b)
audio-visual link:
(c)
any other similar facility.
Direction to use remote access facilities
(2)
An authority may direct that a hearing or part of a hearing may be conducted using 1 or more remote access facilities.
(3)
A direction may be made under subclause (2)—
(a)
on the initiative of the authority itself; or
(b)
at the request of any person with a right to be heard at the hearing.
(4)
An authority may make a direction under subclause (2) if the authority—
(a)
considers it appropriate and fair to do so; and
(b)
is satisfied that the necessary remote access facilities are available.
(5)
If a hearing is conducted in full or in part using a remote access facility, the authority must,—
(a)
if it is reasonably practicable to do so, enable access to the hearing by making the hearing available live and free of charge to the public, for example, on an Internet site; or
(b)
as soon as practicable after the hearing closes, make available free of charge on its Internet site—
(i)
an audio or a video recording of the hearing; or
(ii)
a written transcript of the hearing.
Exclusions
(6)
This clause does not apply—
(a)
to a public hearing if the authority is represented by 1 or more persons appearing in person at the hearing and 1 or more persons make submissions or give evidence or supporting information by means of a remote access facility; or
(b)
to a hearing to which section 47A of the Local Government Official Information and Meetings Act 1987 applies.
Compare: 1991 No 69 s 39AA
81 When no hearing needed
If submissions are provided but no person wishes to be heard, or a request to be heard is withdrawn, the authority must consider the submissions along with the other relevant matters but is not required to hold a hearing.
Compare: 1991 No 69 Schedule 1 cl 8C
82 Accreditation
(1)
The Minister must—
(a)
approve a qualification or qualifications establishing a person’s accreditation; and
(b)
notify each qualification in the Gazette.
(2)
An accreditation that is valid on the day that this clause comes into force continues to be valid until it expires on the terms of the accreditation.
Compare: 1991 No 69 s 39A
83 Persons who may be given hearing authority
(1)
This clause applies if a local authority authorises a person to conduct a hearing under section 62 on any of the following matters:
(a)
an application for a resource consent:
(b)
a review of a resource consent:
(c)
an application to change or cancel a condition of a resource consent:
(d)
a notice of requirement for, or to alter, a designation:
(e)
an objection under section 768 to any matter within the scope of that section.
(2)
If the authority wants to authorise 1 person to conduct a hearing, it may do so only if the person is accredited.
(3)
If the authority wants to authorise a group of persons that has a chairperson to conduct a hearing, it may do so only if—
(a)
all persons in the group, including the chairperson, are accredited; or
(b)
the authority is satisfied that special circumstances apply and over half of the persons in the group are accredited.
(4)
If the authority wants to give authority to a group of persons that does not have a chairperson, it may do so only if—
(a)
all the persons in the group are accredited; or
(b)
over half of all the persons in the group are accredited and there are special circumstances.
Compare: 1991 No 69 s 39B
84 Effect of lack of accreditation
(1)
This clause applies if—
(a)
a local authority purports to delegate authority to a person or group of persons under clause 83 but no delegation occurs because the requirement for accreditation is not met; or
(b)
a regional planning committee appoints a commissioner to hear submissions on a plan change or variation, using the urgent or proportionate process under clause 53 of this schedule, but the appointment fails because the requirement for accreditation is not met.
Compare: 1991 No 69 s 39C
85 Persons who may be heard at hearings
(1)
At any hearing described in clause 78 of this schedule, the applicant, and every person who has made a submission and stated that they wish to be heard at the hearing, may speak (either personally or through a representative) and call evidence or speak to their supporting information, as applicable.
(2)
Despite subclause (1), the authority may, if it considers that there is likely to be excessive repetition, limit the circumstances in which parties having the same interest in a matter may speak or call evidence in support or speak to their supporting information, as applicable, but must do so with caution.
(3)
Subclause (4) applies if any of the following fail to appear at the hearing:
(a)
the applicant:
(b)
any person who made a submission and stated they wished to be heard at the hearing.
(4)
If this subclause applies, the authority may proceed with the hearing if it considers it fair and reasonable to do so.
Compare: 1991 No 69 s 40
86 Control of hearings
An authority conducting a hearing on a matter described in clause 78(1) may exercise a power under any of clauses 87 to 93 of this schedule after considering whether the scale and significance of the hearing makes the exercise of the power appropriate.
Compare: 1991 No 69 s 41A
87 Directions to provide evidence within time limits
(1)
This clause applies to the matters listed in clause 78(1) (except paragraph (e)) (a plan change using either a proportionate or urgent process).
(2)
The authority may direct the applicant to provide briefs of evidence in writing or electronically to the authority before a hearing.
(3)
The applicant must provide the briefs of evidence at least 10 working days before the hearing.
(4)
The authority may direct a person who has made a submission and who is intending to call expert evidence to provide briefs of the evidence to the authority before the hearing.
(5)
The person must provide the briefs of evidence at least 5 working days before the hearing.
Compare: 1991 No 69 s 41B
88 Hearings conducted under proportionate or urgent process
(1)
This clause applies to a hearing on a plan change or variation if either a proportionate or urgent process is used.
(2)
The authority may direct a person who has made a submission and who is intending to call an expert to provide briefs of that supporting information to the authority before the hearing or at a time other than that specified in subclause (4).
(3)
Unless the authority makes a direction under subclause (2), the time frames provided in subclause (4) must be adhered to.
(4)
If a proportionate or urgent process is being used,—
(a)
all supporting information, including any supporting information of an expert, must be provided with the submission; and
(b)
the chairperson of the authority may, at the chairperson’s discretion, require legal submissions to be circulated before the hearing.
89 Directions and requests before or at hearings
(1)
This clause applies to the matters listed in clause 78(1) (except paragraph (e) of that clause) (a plan change or variation using either a proportionate or urgent process).
(2)
Before or at a hearing, the authority may—
(a)
direct the order of business at the hearing, including the order in which evidence and submissions are presented; or
(b)
direct that evidence and submissions be—
(i)
recorded; or
(ii)
taken as read; or
(iii)
limited to matters in dispute; or
(c)
direct the applicant, when presenting evidence or a submission, to present it within a time limit; or
(d)
direct a person who has made a submission, when presenting evidence or the submission, to present it within a time limit.
(3)
Before or at the hearing, the authority may—
(a)
request a person who has made a submission to provide further information:
(b)
request the applicant to provide further information:
(c)
commission a consultant or any other person engaged for the purpose to prepare a report on any matter on which the authority requires further information, if both of the following apply:
(i)
the activity that is the subject of the hearing may, in the authority’s opinion, have a significant adverse environmental effect; and
(ii)
the applicant agrees to a report being commissioned.
(4)
The authority must provide a copy of any further information requested under subclause (3)(a), and received before the hearing, to the applicant and every person who made a submission.
(5)
Subclause (7) applies to—
(a)
any further information that—
(i)
is requested under subclause (3); and
(ii)
is received in writing or electronically after the start of the hearing; but
(iii)
is not given as evidence at the hearing; and
(b)
any report that is commissioned under subclause (3).
(6)
In the case of a notified consent application, the consent authority may require a report from a consultant on the information provided by the applicant or by submitters.
(7)
The authority must—
(a)
provide a copy of the further information or report to the applicant and every person who made a submission and stated a wish to be heard; and
(b)
make the further information or report available at its office to any person who made a submission and did not state a wish to be heard.
(8)
However, the authority does not need to provide further information to the applicant or submitter who provided the information.
(9)
At the hearing, the authority may direct a person presenting a submission not to present—
(a)
the whole submission, if all of it is irrelevant or not in dispute; or
(b)
any part of it that is irrelevant or not in dispute.
Compare: 1991 No 69 s 41C
90 Power to strike out submissions
(1)
An authority conducting a hearing on a matter described in clause 78(1) may direct that a submission or part of a submission be struck out if the authority is satisfied that at least 1 of the following applies to the submission or the part:
(a)
it is frivolous or vexatious:
(b)
it discloses no reasonable or relevant case:
(c)
it would be an abuse of the hearing process to allow the submission or the part to be taken further:
(d)
it is supported only by evidence or supporting information that, though purporting to be prepared by an independent person with specialised knowledge or expertise, has been prepared by a person who is not independent or who does not have expertise or specialised knowledge:
(e)
it contains offensive language:
(f)
it seeks relief that the authority does not have jurisdiction to grant.
(2)
An authority—
(a)
may make a direction under this clause before, at, or after the hearing; and
(b)
must record its reasons for any direction made.
(3)
A person whose submission is struck out, in whole or in part, has a right of objection—
(a)
under section 764; or
(b)
if the objection relates to a plan change, under clause 64.
Compare: 1991 No 69 s 41D
91 Protection of sensitive information
(1)
A submitter, or an authority on its own behalf, may apply for an order described in subclause (3) to protect sensitive information.
(2)
An authority may make an order described in subclause (3) if it is satisfied—
(a)
that the order is necessary to avoid—
(i)
serious offence to tikanga Māori or the disclosure of the location of wāhi tapu; or
(ii)
the disclosure of a trade secret or unreasonable prejudice to the commercial position of the person who supplied, or is the subject of, the information; and
(b)
that in the circumstances of the particular case, the importance of avoiding the offence, disclosure, or prejudice outweighs the public interest in making that information available.
(3)
An order may—
(a)
require that the whole or part of a hearing session or class of hearing sessions at which the information is likely to be referred to must be held with the public excluded:
(b)
prohibit or restrict the publication or communication of any information supplied to, or obtained by, the authority in the course of any proceedings, whether or not the information may be material to any proposal, application, or requirement.
(4)
An order made under subclause (3)(a) is to be treated as a resolution passed under section 48 of the Local Government Official Information and Meetings Act 1987.
(5)
A party to the proceedings may apply to the Environment Court for an order cancelling or varying an order made by the authority under this clause.
(6)
On an application made under subclause (5), an Environment Judge sitting alone may, having regard to the matters to which the authority had regard and to any other matters that the Environment Judge thinks fit,—
(a)
make an order cancelling or varying any order made under the authority of this clause on any terms that the Judge thinks fit; or
(b)
decline to make an order.
(7)
A party to an application for an order described in subclause (3) may, if that order is declined, apply to the Environment Court for an order under clause 15 of Schedule 13.
Compare: 1991 No 69 s 42
92 Reports to authority
(1)
An authority may require a report to be prepared on any information provided in relation to any matter raised in evidence or supporting information provided to the authority—
(a)
at any reasonable time before a hearing; or
(b)
if no hearing is to be held, before a decision is made by the authority.
(2)
A report, if required, may—
(a)
be prepared by an officer of the authority; or
(b)
be commissioned from a consultant or other person engaged for the purpose of preparing the report.
(3)
If a written report is prepared, the authority must—
(a)
provide a copy to the applicant and all submitters wishing to be heard—
(i)
at least 15 working days before the hearing, if a direction is given under clause 87; or
(ii)
at least 5 working days before the hearing if no direction is given under that clause; and
(b)
make the report available at its office to any submitter not stating that they wish to be heard; and
(c)
advise those submitters by written or electronic notice where they may see the report.
(4)
An authority may waive compliance with the following requirements if it is satisfied that there is not material prejudice, or it is unaware of material prejudice, to any person who should have been provided with a copy or a notice of the report under this clause:
(a)
the time frames set out in subclause (3)(a):
(b)
the requirement for notice under subclause (3)(c).
(5)
A report prepared under this clause—
(a)
does not need to repeat information included in the applicant’s initial application; but
(b)
may adopt—
(i)
all the information; or
(ii)
any part of it, by reference to the part adopted.
(6)
A report prepared under this clause may be considered at any hearing.
Compare: 1991 No 69 s 42A
93 Other procedural matters
(1)
The following provisions of the Inquiries Act 2013 apply to hearings under this schedule held by an authority, an IHP, or a regional planning committee, as if each hearing were an inquiry under that Act:
(a)
section 19 (evidence):
(b)
section 23 (power to summon witnesses):
(c)
section 24 (service of summons):
(d)
section 25 (expenses of witnesses and other participants):
(e)
section 27 (other immunities and privileges of participants).
(2)
A summons to a witness to appear at a hearing session must be in the prescribed form and be signed by the chairperson.
(3)
All expenses of a witness must be paid by the party on whose behalf the witness is called.
(4)
However, if the authority calls a witness, that body must pay the expenses of that witness.
(5)
The authority, IHP, or regional planning committee, as the case may be, may request and receive, from a person who is heard by the authority or panel or who is represented at a hearing session, any information and advice that is relevant and reasonably necessary for the authority or panel to make its recommendations.
Part 3 Independent hearings panels process
Subpart 1—Establishment of IHPs and members
94 IHPs established for each region
(1)
An IHP is established for each region, and each IHP comprises—
(a)
a chairperson appointed by the Chief Environment Court Judge; and
(b)
3 to 6 other members appointed by the Chief Environment Court Judge from the regional pool of IHP candidates, after consulting iwi authorities and groups representing hapū; and
(c)
up to 2 additional other members from the regional candidate pool who are approved by the Minister under subclause (4) and appointed by the Chief Environment Court Judge.
(2)
The Chief Environment Court Judge must appoint members in each region who collectively have skills, knowledge, and experience of—
(a)
relevant legislation and legal processes, planning, and cultural heritage; and
(b)
te Tiriti o Waitangi and its principles; and
(c)
local kawa and tikanga Māori, and the mātauranga Māori of the iwi and hapū in the region; and
(d)
the local community and local government; and
(e)
environmental science, including freshwater quality, quantity, and ecology; and
(f)
the built environment and infrastructure; and
(g)
any other skills, knowledge, and experience that the Chief Environment Court Judge considers appropriate for the region.
(3)
The chairperson must be—
(a)
an Environment Judge; or
(b)
a person, other than an Environment Judge, who—
(i)
has previous experience of chairing hearings panels (but is not required to be accredited); and
(ii)
meets the requirements of section 15 of the District Court Act 2016; and
(iii)
meets all of the other requirements for appointment as an IHP member; and
(iv)
is considered by the Chief Environment Court Judge to have the appropriate skills, knowledge, and experience to undertake the role of chairperson.
(4)
The Minister may approve the appointment of up to 2 additional members in excess of the 6 members allowed by subclause (1)(b) where necessary to ensure that the IHP can fulfil its statutory functions in the region in a timely manner.
(5)
The Chief Environment Court Judge has a discretion to decide the total number of other appointed members referred to in subclause (1)(b) and (c).
(6)
The Chief Environment Court Judge must appoint all members of an IHP (other than Environment Judges and alternate Environment Judges) from the regional pool of IHP candidates, after consulting iwi authorities and groups representing hapū.
(7)
The Chief Environment Court Judge may appoint a member to replace a member who ceases to hold office.
Compare: 2010 No 37 s 161
95 Regional pool of IHP candidates
(1)
The Chief Environment Court Judge must compile and maintain the regional pool of IHP candidates.
(2)
The regional pool comprises—
(a)
all Environment Court commissioners in New Zealand:
(b)
all iwi-approved commissioners in the relevant region:
(c)
candidates nominated by iwi authorities and groups that represent hapū in the relevant region:
(d)
candidates nominated by the relevant regional planning committee and local authorities within the relevant region.
(3)
Iwi authorities and groups representing hapū may determine who makes nominations on their behalf.
(4)
There is no limit on the number of nominations that can be made for the regional candidate pool for any year.
(5)
The Chief Environment Court Judge must, by public notice, invite written nominations annually.
(6)
The Chief Environment Court Judge may proceed to appoint members of an IHP once the specified period for nominations closes, whether or not any nominations of candidates referred to in subclause (2)(c) have been received within the specified period.
(7)
Once a person is nominated for the regional pool, the person remains in the regional candidate pool until removed by the nominator or until the person advises that they are no longer available.
(8)
A person may be removed from the regional candidate pool on any relevant ground specified for the removal of an IHP member in clause 101.
(9)
Local authorities, iwi authorities, and groups representing hapū may nominate candidates for more than 1 regional candidate pool.
(10)
In this schedule, iwi-approved commissioners means commissioners indicated by iwi and hapū to be suitable appointees to serve where statutory provision is made for iwi participation, as in an IHP or joint management agreement.
96 Nominations for IHP for particular region
(1)
At the time when a proposed plan or plan change is notified, the Chief Environment Court Judge must establish, as required, an IHP for each region from the regional candidate pool by inviting written nominations.
(2)
Nominations must close 10 working days after the primary submissions are notified under clause 38.
97 Requirement relating to nomination of IHP candidates
(1)
A person, group, or body nominating an IHP candidate must provide the Chief Environment Court Judge with the following information:
(a)
whether the candidate knows they have been nominated as an IHP member:
(b)
if the candidate knows they have been nominated as an IHP member, how the opportunity to be nominated was made known to the candidate:
(c)
the reasons why the candidate is considered suitable for the role of an IHP member:
(d)
whether the candidate is accredited:
(e)
the relevant skills, knowledge, and experience of the candidate.
(2)
The nomination must be in the form (if any) approved by the Secretary for the Environment.
98 Accreditation
(1)
All members of an IHP must be accredited, except—
(a)
an Environment Judge:
(b)
an Environment Commissioner:
(c)
any other person, if the Chief Environment Court Judge (or their delegate under clause 100) considers that there are special circumstances that apply and exempts the person from compliance with the requirement.
(2)
The Minister may prescribe accreditation requirements by notice in the Gazette.
99 How members are appointed
(1)
The Chief Environment Court Judge must give a person appointed as a member of an IHP (other than the chairperson) a written notice of the appointment.
(2)
The notice of appointment must—
(a)
state the date on which the appointment takes effect; and
(b)
state the duration of the appointment.
(3)
The manner of appointment of members is the same for all IHPs, in either the plan development stage or in a standard plan change process.
Compare: 2010 No 37 s 162
100 Chief Environment Court Judge may delegate power to appoint IHP members
The Chief Environment Court Judge may delegate to another Environment Judge or alternate Environment Judge the powers in clause 94(1)(b) and (c) and (7) to appoint IHP members (other than the chairperson) where necessary to enable the efficient appointment of IHPs.
101 When member ceases to hold office
(1)
A member of an IHP remains a member until the earliest of the following:
(a)
their term of office ends:
(b)
they die:
(c)
they resign by giving 20 working days’ written notice to the Chief Environment Court Judge:
(d)
they are removed under subclause (2):
(e)
the IHP ceases to exist.
(2)
The Chief Environment Court Judge may, at any time for just cause, remove a member by written notice to the member.
(3)
The notice must state—
(a)
the date on which the removal takes effect, which must not be earlier than the date on which the notice is received by the member; and
(b)
the reasons for the removal.
(4)
A member of an IHP is not entitled to any compensation or other payment or benefit relating to their ceasing, for any reason, to hold office as a member.
(5)
In subclause (2), just cause includes misconduct, inability to perform the functions of office, neglect of duty, and breach of the collective duties of the IHP or the individual duties of members.
Compare: 2010 No 37 s 163
102 Immunity of members of IHP
A member of an IHP—
(a)
is not liable for anything done, reported, stated, or omitted in the exercise or intended exercise of the powers and performance or intended performance of the duties of the IHP, unless the IHP or person acted in bad faith:
(b)
may not be compelled to give evidence in court or in any proceedings of a judicial nature in relation to the IHP, unless leave of the court is granted to bring proceedings relating to an allegation of bad faith against the IHP or any member of the IHP.
103 Functions of IHP
(1)
The principal function of an IHP is to hear submissions on a proposed plan.
(2)
For the purpose of subclause (1), an IHP has the following functions and powers:
(a)
to hold hearing sessions:
(b)
for the purposes of paragraph (a),—
(i)
to hold or authorise the holding of pre-hearing session meetings, conferences of experts, and alternative dispute resolution processes; and
(ii)
to commission reports:
(iii)
to hear any objections made in accordance with clause 124:
(c)
to make recommendations to the regional planning committee on the proposed plan:
(d)
except as expressly provided by this Act, to regulate its own proceedings in the manner it thinks fit:
(e)
to perform or exercise any other functions or powers conferred by this Act or that are incidental and related to, or consequential upon, any of its functions and powers under this Act.
Compare: 2010 No 37 s 164
104 Term of IHP
(1)
An IHP exists until it has completed the performance or exercise of its functions and powers in relation to the hearing, including any appeals in relation to the hearing that are filed in any court.
(2)
However, if an IHP is reconvened for a further hearing, but not all of its members are available for the further hearing, the members who are available may hear and determine the matter.
Compare: 2010 No 37 s 166
105 Application of Local Government Official Information and Meetings Act 1987
The Local Government Official Information and Meetings Act 1987 applies, with any necessary modifications, to an IHP as if it were a board of inquiry given authority to conduct a hearing under clause 75 of Schedule 10.
Compare: 2010 No 37 s 167
Subpart 2—Pre-hearings, expert conferences, and alternative dispute resolution
106 Pre-hearing session meetings
(1)
Before a hearing session, the IHP may invite or require the persons listed in subclause (2) to attend a meeting for the purpose of—
(a)
clarifying a matter or an issue relating to the proposed plan; or
(b)
facilitating resolution of a matter or an issue relating to the proposed plan.
(2)
The persons are—
(a)
1 or more submitters; and
(b)
the regional planning committee; and
(c)
any other persons that the IHP considers appropriate, including 1 or more experts.
(3)
A meeting may be chaired by the chairperson of the IHP or a person appointed by the chairperson.
(4)
If so required by the chairperson of the meeting, submitters and the regional planning committee must, at least 5 working days before the meeting, provide a written statement of their position in relation to the matters or issues to be addressed at the meeting.
(5)
The chairperson of the meeting must, after a meeting, prepare a report that—
(a)
sets out any clarification or resolution of a matter or an issue agreed between the persons who attended the meeting; and
(b)
sets out any outstanding matter or issue between them; and
(c)
addresses any matter or issue identified to the chairperson by the IHP.
(6)
The chairperson of the meeting must provide the report in writing or electronically to the IHP and the persons who attended the meeting no less than 5 working days before the hearing session to which the meeting relates.
(7)
A report prepared under subclause (5) must not, without a person’s consent, include any material that the person communicated or made available at the meeting on a without-prejudice basis.
Compare: 2010 No 37 s 131
107 Consequences of submitter not attending pre-hearing session meeting
(1)
This clause applies if a submitter fails, without reasonable excuse,—
(a)
to attend a meeting when required under clause 106:
(b)
to provide a written statement of their position when required by clause 106(4).
(2)
The IHP may decline to consider the person’s submission.
(3)
If the IHP acts under subclause (2), the person—
(a)
has no rights of appeal under clause 133 or 134; and
(b)
may not become, under clause 53 of Schedule 13, a party to proceedings as the result of any appeal right exercised by another person under clause 133 or 134.
(4)
However, the person may object under clause 124.
Compare: 2010 No 37 s 132
108 Conference of experts
(1)
The IHP may, at any time during the hearing, direct that a conference of experts be held for the purpose of—
(a)
clarifying a matter or an issue relating to the proposed plan; or
(b)
facilitating resolution of a matter or an issue relating to the proposed plan.
(2)
A conference may be facilitated by a member of the IHP or a person appointed by the IHP.
(3)
The facilitator of a conference must, after the conference, prepare a report on the conference and provide it in writing or electronically to—
(a)
the IHP; and
(b)
the persons who attended the conference.
(4)
A facilitator must act under subclause (3)(a) or (b) only if the IHP requires them to do so.
(5)
A report prepared under subclause (3) must not, without a person’s consent, include any material that the person communicated or made available at the conference on a without-prejudice basis.
(6)
To avoid doubt, the regional planning committee may attend a conference under this clause only if authorised to do so by the IHP.
Compare: 2010 No 37 s 133
109 Alternative dispute resolution
(1)
The IHP may, at any time during the hearing, refer to mediation or any other alternative dispute resolution process the persons listed in subclause (2) if—
(a)
the IHP considers that it is—
(i)
appropriate to do so; and
(ii)
likely to resolve issues between the parties that relate to the proposed plan; and
(b)
each person has consented (other than the members of the regional planning committee, but the committee must participate if referred by the IHP).
(2)
The persons are—
(a)
1 or more submitters; and
(b)
the members of the regional planning committee; and
(c)
any other person that the IHP considers appropriate.
(3)
The director of the regional planning committee secretariat must appoint sufficient skilled and experienced persons to facilitate the mediation or other process (the mediator).
(4)
The mediator may, but need not, be an accredited person.
(5)
The person who conducts the mediation or other process must report the outcome to the IHP.
(6)
In reporting the result under subclause (5), material must not be included without a person’s consent if the material was communicated or made available by the person at the mediation or other process on a without-prejudice basis.
Compare: 2010 No 37 s 134
Subpart 3—Hearing by IHP
110 Hearing by panel
(1)
An IHP must hold a hearing into submissions on a proposed plan.
(2)
The IHP must hold each hearing session in public unless permitted to do otherwise by—
(a)
clause 119 (which relates to the protection of sensitive information); or
(b)
section 122 of the Local Government Official Information and Meetings Act 1987 (as that Act applies in accordance with clause 105).
Compare: 2010 No 37 s 128
111 Powers of chairperson
The chairperson of the IHP has the following powers:
(a)
to conduct, and maintain order at, the hearing:
(b)
to decide how many, and which, members of the IHP are to be present at each hearing session:
(c)
to direct that the IHP hold 2 or more hearing sessions concurrently:
(d)
to appoint another member to act as chairperson for the purposes of any hearing session at which the chairperson of the IHP will not be present for any reason:
(e)
to appoint a friend of the submitter for the purpose of providing support to the submitter in relation to a hearing:
(f)
to appoint as a special advisor a person who is able to assist the panel in any hearing:
(g)
to deal with any complaints in respect of the IHP or any member of the IHP.
Compare: 2010 No 37 s 165
112 Who may be heard
(1)
Every person who has made a submission and stated that they wish to be heard at the hearing, either personally or through a representative, may—
(a)
speak on the matters raised in the submission at a hearing; and
(b)
speak to their supporting information.
(2)
Despite subclause (1), if the IHP considers that there is likely to be excessive repetition, it may limit the circumstances in which parties with the same interest in a matter may speak or speak to their supporting information, as relevant, but must do so with caution.
(3)
Subclause (4) applies if a person who has made a submission and stated that they wish to be heard fails to appear, or any representative of the person fails to appear, at the relevant hearing session.
(4)
The IHP may proceed with the hearing session if it considers it fair and reasonable to do so.
Compare: 2010 No 37 s 129
113 Notice of hearing sessions
The IHP must give no less than 10 working days’ notice of the dates, times, and places of the hearing sessions to—
(a)
every person who made a submission and who requested to be heard (and has not since withdrawn the request); and
(b)
every requiring authority that has a designation included in the proposed plan.
Compare: 2010 No 37 s 130
114 Hearing procedure
(1)
At each hearing session, no fewer than 3 members of the IHP must be present.
(2)
If the IHP is divided into 2 or more panels and the chairperson is not present at a hearing, the chairperson must appoint another member as chairperson for the purposes of the hearing session.
(3)
At the hearing session,—
(a)
a party may cross-examine any other party or witness only by leave granted by the chairperson and only after the members have had an opportunity to question the party or witness; and
(b)
the IHP must receive supporting information, written or spoken, in Māori; in which case Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 applies as if the hearing session were legal proceedings before a tribunal named in Schedule 2 of that Act.
(4)
Otherwise, the IHP must establish a procedure for hearing sessions that—
(a)
is appropriate and fair in the circumstances (including in respect of the granting to a person of any waiver of the requirements of the IHP); and
(b)
avoids unnecessary formality; and
(c)
recognises tikanga Māori where appropriate.
(5)
No chairperson or member of an IHP or hearing session may accept late submissions for any hearing.
(6)
The director of the regional planning committee secretariat must ensure that a full record of the hearing session (which may be in the form of a full written transcript or an audio or video recording) and any other proceedings is retained, including on the committee’s publicly available Internet site.
Compare: 2010 No 37 s 136
115 Regional planning committee must be represented at hearing sessions
(1)
A representative of the regional planning committee must attend the hearing sessions to assist the IHP in 1 or more of the following ways:
(a)
to clarify or discuss matters in the proposed plan:
(b)
to give supporting information:
(c)
to speak to submissions or address issues raised by them:
(d)
to provide any other relevant information as requested by the IHP.
(2)
However, the IHP may excuse a regional planning committee representative from attending or remaining at any particular hearing session.
(3)
A failure by the regional planning committee or the IHP to comply with this clause does not invalidate the hearing or the hearing sessions.
(4)
To avoid doubt, this clause does not limit or prevent the regional planning committee from—
(a)
making a submission on the proposed plan; or
(b)
being heard on that submission.
Compare: 2010 No 37 s 137
116 Directions to provide supporting information
(1)
The IHP may direct a submitter or the regional planning committee to provide briefs of supporting information in writing or electronically to the IHP before a hearing session.
(2)
The IHP may direct a submitter or the committee, if the submitter or the committee is intending to call for supporting information from an expert, to provide briefs of that information in writing or electronically to the IHP before a hearing session.
(3)
If updated information is required in response to a report commissioned under clause 120, the IHP may direct a submitter or the regional planning committee to provide, in writing or electronically to the IHP, updated briefs of that supporting information.
(4)
The submitter or the regional planning committee must provide briefs of supporting information under this clause in the time frame specified by the IHP.
(5)
The IHP must give electronic notice to any relevant submitters of briefs of supporting information that are made available under clause 121.
Compare: 2010 No 37 s 139
117 Hearing using remote access facilities
Clause 80(1) to (5) applies with all necessary modifications to a hearing under clause 112.
Compare: 1991 No 69 s 39AA(1)–(5)
118 Directions and requests before or at hearing session
(1)
Before or at a hearing session, the IHP may do 1 or more of the following:
(a)
direct the order of business at the hearing session, including the order in which submissions and supporting information are presented:
(b)
direct that submissions and supporting information be recorded, taken as read, or limited to matters in dispute:
(c)
direct a submitter, when presenting a submission or supporting information, to present it within a time limit:
(d)
request a submitter to provide further information.
(2)
Before or at a hearing session, the IHP may direct that the whole, or a part, of a submission be struck out if the IHP considers that—
(a)
the whole submission, or the part, is frivolous or vexatious; or
(b)
the whole submission, or the part, discloses no reasonable or relevant case; or
(c)
it would otherwise be an abuse of the hearing process to allow the whole submission, or the part, to be taken further; or
(d)
it is supported only by information that, though purporting to be prepared by an independent person with specialised knowledge or expertise, has been prepared by a person who is not independent or who does not have expertise or specialised knowledge; or
(e)
it contains offensive language; or
(f)
it is on the whole of the plan; or
(g)
in the case of a primary submission, it does not identify the plan provision that is being submitted on; or
(h)
it seeks relief that the IHP does not have jurisdiction to grant.
(3)
At a hearing session, the IHP may direct a submitter not to present—
(a)
the whole submission, if all of it is irrelevant or not in dispute; or
(b)
any part of the submission that is irrelevant or not in dispute; or
(c)
any part of the submission that does not relate to that part of the proposed plan being addressed at the hearing session.
(4)
If the IHP gives a direction under subclause (2), it must record its reasons for the direction.
(5)
A person whose submission, in whole or in part, is struck out has a right of objection under clause 124.
119 Protection of sensitive information
(1)
The IHP may, on its own motion or on the application of any submitter, make an order described in subclause (2) where it is satisfied—
(a)
that the order is necessary to avoid—
(i)
serious offence to tikanga Māori or to avoid the disclosure of the location of wāhi tapu; or
(ii)
the disclosure of a trade secret or unreasonable prejudice to the commercial position of the person who supplied, or is the subject of, the information; and
(b)
that in the circumstances of the particular case, the importance of avoiding the offence, disclosure, or prejudice outweighs the public interest in making that information available.
(2)
An order may—
(a)
require that the whole or part of a hearing session or class of hearing sessions at which the information is likely to be referred to must be held with the public excluded:
(b)
prohibit or restrict the publication or communication of any information supplied to, or obtained by, the IHP in the course of any proceedings, whether or not the information may be material to any proposal, application, or requirement.
(3)
An order of the kind described in subclause (2)(a)—
(a)
must be treated, for the purposes of section 48(3) of the Local Government Official Information and Meetings Act 1987, as a resolution passed under that section; and
(b)
must be made available on the Internet site of the IHP.
(4)
On an application made under subclause (3), an Environment Judge sitting alone may, having regard to the matters to which the IHP had regard and to any other matters that the Environment Judge thinks fit,—
(a)
make an order cancelling or varying any order made by the IHP under this clause on any terms that the Judge thinks fit; or
(b)
decline to make an order.
(5)
A party to a hearing session or class of hearing sessions may apply to the Environment Court for an order cancelling or varying an order made by the IHP under this clause.
(6)
If a party applies for an order of a kind described in subclause (2), but the application is declined, the party may apply to the Environment Court under clause 15 of Schedule 13.
Compare: 2010 No 37 s 141
120 IHP may commission reports
(1)
The IHP may, at any time before or during the hearing, require the regional planning committee, or commission a consultant or any other person, to prepare a report on—
(a)
1 or more submissions; or
(b)
any matter arising from a hearing session; or
(c)
any other matter that the IHP considers necessary for the purposes of the IHP making its recommendations.
(2)
The report does not need to repeat information included in any submission.
(3)
Instead, the report may—
(a)
adopt all of the information; or
(b)
adopt any part of the information by referring to the part adopted.
(4)
The IHP—
(a)
may consider a report prepared under subclause (1) at the hearing session or when making its recommendations, or both; and
(b)
must require the regional planning committee to make the report available for inspection on their Internet sites and offices.
(5)
The IHP may request and receive, from a person who makes a report under this clause, any information and advice that is relevant and reasonably necessary for the IHP to make its recommendations under clause 125.
Compare: 2010 No 37 s 142
121 Supporting information and reports must be made available
(1)
The secretariat, on behalf of the IHP, must require the regional planning committee to make available for inspection, on its Internet site,—
(a)
any written or electronic supporting or other information received by the IHP during the hearing; and
(b)
any written or electronic report provided to the IHP.
(2)
However, this clause does not apply to any supporting information or part of a report or information that the IHP considers it is not reasonable to make available for inspection.
Compare: 2010 No 37 s 143
122 Restriction on amendments or variations
(1)
The IHP may direct the regional planning committee to vary the proposed plan if the IHP is satisfied that—
(a)
the variation is required—
(i)
to give effect, in the provisions of the proposed plan, to the provisions of the NPF; or
(ii)
to correct a substantial error in the proposed plan; and
(b)
the IHP is able to deal with the variation as provided in subclause (3) before the deadline for providing its report or reports under clause 125(1).
(2)
The regional planning committee must vary the proposed plan in accordance with the direction of the IHP and deal with the variation under clause 123.
(3)
The IHP must deal with the variation under clauses 110 to 126 as if the variation were the proposed plan.
(4)
Clause 123 applies to the variation, and the variation must be merged in and become part of the proposed plan in time for the IHP to provide, in a report under clause 126, recommendations on the proposed plan as varied.
Compare: 2010 No 37 s 124(4)–(8)
123 Merger with proposed plan
(1)
Every variation initiated under clause 122 is merged in and becomes part of the proposed plan as soon as the variation and the proposed plan are both at the same procedural stage; but, if the variation includes a provision to be substituted for a provision in the proposed plan against which a submission or an appeal has been lodged, that submission or appeal must be treated as a submission or appeal against the variation.
(2)
From the date of notification of a variation, the proposed plan has effect as if it had been so varied.
Compare: 1991 No 69 Schedule 1 cl 16B(1), (2)
124 Objection rights
(1)
A person who made a submission on the proposed plan has the following rights of objection to the IHP:
(a)
a decision of the IHP under clause 107(2) to decline to consider the person’s submission:
(b)
a decision of the IHP under clause 118(2) to strike out the whole or a part of the person’s submission.
(2)
An objection must be made by notice in writing, setting out the reasons for the objection, no later than 15 working days after the decision is notified to the person or any longer time allowed by the IHP.
(3)
The chairperson of the hearing and at least 2 other members of the IHP must—
(a)
consider the objection as soon as practicable; and
(b)
hold a hearing on the objection, having given the objector no less than 5 working days’ notice of the date, time, and place of hearing.
(4)
After the hearing, the IHP must—
(a)
dismiss the objection or uphold the objection in whole or in part; and
(b)
inform the objector in writing of the IHP’s decision and the reasons for it.
(5)
A decision of the IHP under this clause is final and there is no right of appeal against it.
Compare: 2010 No 37 s 154
Subpart 4—Recommendations and decisions on proposed plan
IHP recommendations
125 IHP must make recommendations on proposed plan
(1)
The IHP must make recommendations on the proposed plan, including any recommended changes to the proposed plan, within 40 working days after the close of the hearings.
(2)
The IHP may make recommendations in respect of a particular topic after it has finished hearing submissions on that topic.
(3)
The IHP must make any remaining recommendations after it has finished hearing all of the submissions that will be heard on the proposed plan.
(4)
The IHP must make recommendations on any provision included in the proposed plan that relates to designations.
(5)
However, the IHP—
(a)
is not limited to making recommendations only within the scope of the submissions made on the proposed plan; and
(b)
may make recommendations on any matters beyond the scope of submissions, where necessary or desirable to preserve the policy structure and coherence of the plan.
(6)
In formulating its recommendations, the IHP must ensure that any substantive requirements for making decisions will be complied with, if the recommendations were accepted.
(7)
The IHP must not make a recommendation on any existing designations that are included in the proposed plan without modification and on which no submissions are received.
Compare: 1991 No 69 Schedule 1 cl 9; 2010 No 37 s 144(1)–(6)
126 Recommendations must be provided in reports
(1)
The IHP must provide its recommendations to the regional planning committee in 1 or more reports.
(2)
Each report must include—
(a)
the IHP’s recommendations on the topic or topics covered by the report, and identify any recommendations that are beyond the scope of the submissions made in respect of that topic or those topics; and
(b)
the IHP’s recommendations on the provisions and matters raised in submissions made in respect of the topic or topics covered by the report; and
(c)
the reasons for accepting or rejecting submissions and, for this purpose, may address the submissions by grouping them according to—
(i)
the provisions of the proposed plan to which they relate; or
(ii)
the matters to which they relate.
(3)
Each report may also include—
(a)
matters relating to any consequential alterations necessary to the proposed plan arising from submissions; and
(b)
any other matter that the IHP considers relevant to the proposed plan that arises from submissions or otherwise.
Compare: 2010 No 37 s 144(7)–(10)
127 Matters that affect recommendations of IHP
(1)
The IHP, in formulating its recommendations, must—
(a)
have regard to any reports prepared under clauses 106(5) and 108(3); and
(b)
take account of any results reported under clause 109(5); and
(c)
have particular regard to the planning committee’s evaluation report under clause 27; and
(d)
have regard to the report prepared on the proposed plan under clause 31; and
(e)
disregard trade competition and the effects of trade competition; and
(f)
ensure that, were the regional planning committee to accept the recommendations, section 527 would be complied with.
(2)
However, the IHP, in formulating its recommendations, must not have regard to—
(a)
any effect on scenic views from private properties; or
(b)
the visibility of commercial signage or advertising being obscured as an effect of an activity; or
(c)
any adverse effect, real or perceived, arising from the use of the land for housing, if that effect is attributed to—
(i)
the social or economic characteristics of residents; or
(ii)
types of residential use, such as rental housing or housing for people with disability needs or who are beneficiaries; or
(iii)
residents who require support or supervision in their housing because of their legal status or disabilities.
Compare: 2010 No 37 s 145
Subpart 5—Decisions
128 Regional planning committees to consider recommendations and notify decisions on them
(1)
A regional planning committee must—
(a)
decide whether to accept or reject each recommendation of the IHP; and
(b)
for each rejected recommendation, decide an alternative solution, which—
(i)
may or may not include elements of both the proposed plan as notified and the IHP’s recommendation in respect of that part of the proposed plan; but
(ii)
must be within the scope of the submissions; and
(c)
identify any decisions made on the basis of an exception to the requirement for consistency with the relevant regional spatial strategy.
(2)
A regional planning committee must make its decision within 40 working days after it receives the recommendations of the IHP under clause 126.
(3)
When making decisions under subclause (1),—
(a)
a committee is not required to consult any person or consider submissions or other supporting information from any person; and
(b)
a committee must not consider any submission or other supporting information unless it was made available to the IHP before the IHP made the recommendation that is the subject of the committee’s decision.
(4)
To avoid doubt, a committee may accept recommendations of the IHP that are beyond the scope of the submissions made on the proposed plan.
(5)
A committee must, no later than 40 working days after it is provided with the report (or, if there is more than 1 report, the last of the reports) under clause 126,—
(a)
publicly notify its decisions under subclause (1), on an Internet site maintained by the relevant local authorities in a way that sets out the following information:
(i)
each recommendation of the IHP that it accepts; and
(ii)
each recommendation of the IHP that it rejects and the reasons for doing so; and
(iii)
the alternative solution for each rejected recommendation; and
(b)
publish on its Internet site a copy of the plan that incorporates changes required to reflect the committee’s decisions; and
(c)
electronically notify each requiring authority affected by the decisions of the committee under subclause (1) of the information referred to in paragraph (a) that specifically relates to the decision recommending that the authority confirm, modify, impose conditions on, or withdraw the designation.
Compare: 2010 No 37 s 148(1)–(4), (8)
129 Regional planning committee may accept recommendation with minor alteration
(1)
The regional planning committee may accept a recommendation of the IHP but alter the recommendation in a way that has a minor effect or to correct a minor error.
(2)
The committee may notify the recommendation as accepted, but only if, when complying with clause 128(5)(b), it sets out the alterations to the recommendation.
(3)
The recommendation must, for all purposes, be treated as a recommendation of the IHP accepted by the committee.
Compare: 2010 No 37 s 148(5)–(7)
130 Regional planning committees to release IHP report
At the same time as the regional planning committee publicly notifies its decisions under clause 128, the committee must make the report or reports provided by the IHP under clause 126 available on an Internet site maintained by the relevant local authorities.
Compare: 2010 No 37 s 150
131 Designations
(1)
If a notice of requirement is included in a proposed plan, the relevant regional planning committee must notify the requiring authority of the regional planning committee’s recommendation to confirm, modify, impose conditions, or withdraw the designation.
(2)
The notice required by subclause (1) must be given within 40 working days after the regional planning committee receives the IHP’s recommendations.
(3)
The relevant requiring authority must notify the regional planning committee as to whether it accepts or rejects the recommendations, in whole or in part, not later than 30 working days after the committee has given notice under subclause (1).
(4)
A requiring authority may modify a requirement, but only if that modification is recommended by the regional planning committee or is not inconsistent with the requirement as notified.
(5)
If the requiring authority rejects the recommendation in whole or in part, or modifies the requirement, the authority must give reasons for its decision.
(6)
Within 15 working days after the regional planning committee receives the decision of the requiring authority, the regional planning committee must serve, on all submitters and on landowners and occupiers directly affected by the decision,—
(a)
the notice of the requiring authority’s decision; and
(b)
the date by which any appeal may be lodged with the Environment Court or the High Court.
132 Extension of deadlines for decisions
(1)
A regional planning committee may extend the deadline referred to in clause 128(2) to allow more time to finalise decisions on its recommendations.
(2)
Any extension must be not longer than 20 working days.
Subpart 6—Appeals
Appeals against planning committee decisions
133 Right of appeal to Environment Court if regional planning committee rejects IHP recommendation and makes alternative decision
(1)
This clause applies if—
(a)
the regional planning committee rejects an IHP recommendation on the proposed plan; and
(b)
the committee makes an alternative decision to that recommended by the IHP that results in the inclusion of a provision in, or exclusion of a matter from, the proposed plan that is within the scope of submissions; and
(c)
any person made a submission in respect of the provision or matter recommended by the IHP.
(2)
Once the committee notifies its decisions on the proposed plan, the person may appeal to the Environment Court in respect of the differences between the alternative decision and the recommendation.
(3)
The appeal is limited to the effect of the differences between the alternative decision and the recommendation.
(4)
Notice of the appeal must be in the form (if any) approved by the Secretary for the Environment, lodged with the Environment Court, and served on the regional planning committee not later than 30 working days after the committee notifies the matters under clause 128.
(5)
If the subject matter of the notice of appeal relates to the coastal marine area, the person must also serve a copy of the notice on the Minister of Conservation no later than 5 working days after the person complies with subclause (4).
Compare: 2010 No 37 s 156
134 Right of appeal to Environment Court if regional planning committee accepts IHP recommendation beyond scope of submissions
(1)
This clause applies if—
(a)
the regional planning committee accepts an IHP recommendation on the proposed plan that results in the inclusion of a provision in, or exclusion of a matter from, the proposed plan; and
(b)
the IHP identified the recommendation as being beyond the scope of the submissions made on the proposed plan; and
(c)
any person is, was, or will be unduly prejudiced by the inclusion of the provision or exclusion of the matter.
(2)
Once the committee notifies its decisions on the proposed plan, the person may appeal to the Environment Court in respect of the inclusion of the provision or exclusion of the matter.
(3)
Notice of the appeal must be in the prescribed form and lodged with the Environment Court, and served on the regional planning committee, no later than 30 working days after the committee notifies the matters under clause 128.
(4)
If the subject matter of the notice of appeal relates to the coastal marine area, the person must also serve a copy of the notice on the Minister of Conservation no later than 5 working days after the person complies with subclause (3).
Compare: 2010 No 37 s 156
Appeals against requiring authority decisions on designations
135 Right of appeal to Environment Court on designations
(1)
This clause applies if an existing designation or a requirement for a designation is included in a proposed plan under clause 131.
(2)
A person may appeal to the Environment Court in accordance with this clause against any aspect of a decision of a requiring authority under clause 131, where an existing designation or notice of requirement was included in the proposed plan if—
(a)
the person is an owner or occupier of land to which the designation applies; and
(b)
the person made a submission on the requirement that referred to that aspect of the decision.
(3)
A person may appeal to the Environment Court in accordance with this clause against any aspect of a decision of a requiring authority under clause 131, if an existing designation or notice of requirement was included in the proposed plan, if—
(a)
the person is not an owner or occupier of land to which the designation applies; and
(b)
the person made a submission on the requirement that referred to that aspect of the decision; and
(c)
in that aspect of the decision, the requiring authority rejected the planning committee’s recommendation on the matter.
(4)
The regional planning committee may appeal to the Environment Court in accordance with this clause against any aspect of a decision of a requiring authority under clause 131, where an existing designation or notice of requirement was included in the proposed plan.
(5)
Within 30 working days after the regional planning committee notifies the matter under clause 131(1), notice of the appeal must be—
(a)
lodged in the prescribed form with the Environment Court; and
(b)
served on the regional planning committee and affected requiring authority.
Compare: 2010 No 37 s 157
136 Appeal to High Court on point of law
(1)
A person may appeal to the High Court against any aspect of a decision of a requiring authority under clause 131 if—
(a)
the person is not an owner or occupier of land to which the designation applies; and
(b)
the person made a submission on the requirement that referred to that aspect of the decision; and
(c)
in that aspect of the decision, the requiring authority accepted the regional planning committee’s recommendation on the matter.
(2)
However, an appeal under this clause may only be on a question of law.
(3)
Except as otherwise provided in this clause, clauses 79 to 93 apply, with all necessary modifications, to an appeal under this clause.
(4)
Notice of the appeal must be filed with the High Court, and served on the requiring authority, no later than 20 working days after the requiring authority notifies its decision to accept the committee’s recommendation.
Compare: 2010 No 37 s 158
Environment Court hearings
137 Environment Court hearings
(1)
The Environment Court must hold a public hearing into any provision or matter referred to it under clauses 133 to 135.
(2)
The Environment Court must hear the appeals by way of a new hearing, subject to subclauses (3) and (4).
(3)
In an appeal under clauses 133 and 135, the Environment Court—
(a)
must consider only the full record (as described in clause 114(6)) of the IHP proceedings (including all supporting information or other material that was before the IHP) unless it allows fresh supporting information under paragraph (b):
(b)
may consider fresh supporting information if it considers that—
(i)
the record of the IHP is incomplete in a material way; or
(ii)
any supporting information needs to be updated to properly reflect events or circumstances that have changed or arisen after the IHP hearing; or
(iii)
the interests of justice require that the additional supporting information be admitted.
(4)
In an appeal under clause 134, the Environment Court—
(a)
is not limited to the record of the IHP proceedings or the matters raised in submissions made to the IHP; but
(b)
may consider fresh supporting information on the same basis as that provided in subclause (3)(b).
(5)
The limits described in subclause (3)(b) on the supporting information that may be brought in an appeal under clause 134 do not apply, unless the appellant made a submission.
(6)
The limits in subclauses (3) and (4) on fresh supporting information do not prevent parties from amending their position during any rehearing process.
(7)
If the Environment Court directs a regional planning committee under clause 48 of Schedule 13, the committee must comply with the court’s directions.
Compare: 1991 No 69 Schedule 1 cl 15
Appeal to High Court on point of law
138 Right of appeal to High Court on question of law if regional planning committee accepts IHP recommendation within scope of submissions
(1)
This clause applies if—
(a)
the regional planning committee accepts an IHP recommendation on the proposed plan that results in the inclusion of a provision in, or exclusion of a matter from, the proposed plan; and
(b)
the IHP has not identified the recommendation as being beyond the scope of the submissions made on the proposed plan; and
(c)
any person made a submission in respect of the provision or matter recommended by the IHP.
(2)
Once the committee notifies its decisions on the proposed plan, the person may appeal to the High Court in respect of the inclusion of that provision or exclusion of that matter.
(3)
An appeal under this clause may only be on a question of law.
(4)
Except as otherwise provided in this clause, clauses 79(2) and 80 to 87 of Schedule 13 apply, with all necessary modifications, to an appeal under this clause.
(5)
Notice of the appeal must be filed in the High Court, and served on the regional planning committee, no later than 20 working days after the committee notifies the matters under clause 128.
(6)
If the subject matter of the notice of appeal relates to the coastal marine area, the person must also serve a copy of the notice on the Minister of Conservation no later than 5 working days after the person complies with subclause (5).
Compare: 2010 No 37 s 158
139 Judicial review
(1)
This Part does not limit or affect any right of judicial review a person may have in respect of a matter to which this Part applies.
(2)
However, a person must not apply for both judicial review of a decision made under this Part and appeal to the High Court under clause 136 or 138 unless the person lodges the application for judicial review and the appeal together.
(3)
If an application for judicial review and an appeal are lodged together, the High Court must try to hear the judicial review and appeal proceedings together, unless the court considers it is impracticable to do so in the circumstances of the particular case.
140 Rehearing directed by High Court
(1)
This clause applies if the High Court directs a regional planning committee to rehear any matter raised in a point of law appeal under clause 136 or 138.
(2)
The regional planning committee may request the IHP convenor to ensure that any rehearings by the IHP are conducted efficiently, such as by scheduling any rehearings together or reconvening only some of the IHP members.
141 Regulations
(1)
The Governor-General may, by Order in Council, on the advice of the Minister, make regulations to prescribe or provide for—
(a)
methods to assist in developing a process for making plans:
(b)
the form and manner of assessment methods and evaluation reports:
(c)
the methodology to be used in preparing the assessments required for the purpose of those evaluation reports:
(d)
the form of reports required by clause 31 of this schedule:
(e)
the form for notifying plans under clause 34 of this schedule and any information required for that process:
(f)
anything incidental that is necessary for carrying out, or giving full effect to, this Act.
(2)
Regulations made under this clause are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this clause | ||||
| 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. | ||||
Schedule 7 Provisions relating to membership, support, and operations of regional planning committees
Contents
Part 1 Appointment of members
1 Interpretation
In this schedule, unless the context otherwise requires,—
appointing body means—
(a)
a local authority that appoints, or 1 or more local authorities acting jointly that appoint, a member of a regional planning committee:
(b)
any Māori appointing body:
(c)
the Minister responsible for the Spatial Planning Act 2023, for the appointment of a member for the purposes of participating as a voting member in any process, committee business, and decision making under that Act
iwi and hapū committee means a committee set up under clause 3(1)
Māori appointing body means—
(a)
any Māori individual, group, or collective of groups identified by the iwi and hapū committee:
(b)
an existing body (such as an iwi authority or existing Māori organisation) or a body established specifically for undertaking the functions described in this schedule:
(c)
an iwi and hapū committee
2 Members
(1)
A regional planning committee must comprise at least 6 members, but there is no limit on the total number of members.
(2)
Each local authority in the region of the regional planning committee may appoint at least 1 member.
(3)
Members appointed by a local authority must be appointed in accordance with a composition arrangement in accordance with this schedule.
(4)
At least 2 members must be appointed by 1 or more Māori appointing bodies of the region.
(5)
The Minister responsible for the Spatial Planning Act 2023 must appoint 1 member, in addition to the 6 members required by subclause (1), to participate in the functions of the regional planning committee under that Act.
3 Composition arrangement
(1)
Iwi authorities and groups that represent hapū in a region must, by a process they determine themselves, set up an iwi and hapū committee to be the sole iwi and hapū committee for the region for the purpose of—
(a)
agreeing the composition arrangement for the region with local authorities; and
(b)
determining the Māori appointing body or bodies.
(2)
The local authorities and the iwi and hapū committee in the region of a regional planning committee must reach agreement on a composition arrangement (being the number of members and the appointing bodies) as follows:
(a)
the local authorities and the iwi and hapū committee must reach agreement on the total number of members of the regional planning committee, how many members will be appointed by 1 or more local authority appointing bodies, and how many will be appointed by the Māori appointing body or bodies:
(b)
the local authorities must determine the local authority appointing bodies:
(c)
the iwi and hapū committee must determine the Māori appointing bodies.
(3)
The composition arrangement must ensure that, having regard to the purpose of this Act and the purpose of the Spatial Planning Act 2023,—
(a)
the size of the regional planning committee supports effective decision making and efficient functioning; and
(b)
regional, district, urban, rural, and Māori interests are effectively represented; and
(c)
consideration has been given to the extent to which the composition arrangement will enable the regional planning committee to fulfil its role under section 48; and
(d)
in the case of a region with multiple local authorities, the local authority membership of the regional planning committees has been agreed with consideration of the different populations of the individual local authorities and the desirability of applying some weighting in respect of that.
(4)
When agreeing on a composition arrangement, the local authorities and the iwi and hapū committee must ensure that consideration is given to any existing arrangements between—
(a)
iwi authorities, groups that represent hapū, and Māori groups with interests in the region; and
(b)
those groups and local authorities in the region.
(5)
A composition arrangement must be treated as agreed when the Local Government Commission receives from the regional council or unitary authority in the region, no later than 8 months after the council or authority receives the notification given under clause 7(1)(a),—
(a)
a written outline of the agreed composition arrangement for the regional planning committee in their region; and
(b)
a written statement of how the composition arrangement meets the requirements in clause 2 and gives consideration to the matters listed in subclause (3).
(6)
The Māori appointing body or bodies for a region must be treated as having been agreed when the Local Government Commission receives the notification from the iwi and hapū committee under subclause (7) or (8).
(7)
If the composition arrangement is agreed within the same time frame specified in subclause (5), the iwi and hapū committee must notify the Local Government Commission of the names of the Māori appointing body or bodies within that time frame.
(8)
If the composition arrangement is determined under clause 7(5), the iwi and hapū committee must notify the Local Government Commission of the names of the Māori appointing body or bodies within 6 months following the Local Government Commission’s publication of the final determination on composition.
(9)
If the local authorities and the iwi and hapū committee cannot reach agreement on a composition arrangement, the regional council or unitary authority must, no later than 8 months after the council or authority receives the notification given under clause 7(1)(a), provide to the Local Government Commission a proposed composition arrangement with dissenting views.
(10)
The information required by subclause (9) must be sufficient to enable the Local Government Commission to understand the substance of any disagreement on composition and the views of the local authorities and the iwi and hapū committee on their disagreement.
(11)
The regional council or unitary authority acts on behalf of the local authorities and iwi and hapū committee when writing to the Local Government Commission under subclause (5) or (9).
4 Application of section 85 of Local Government (Auckland Council) Act 2009
(1)
Section 85 of the Local Government (Auckland Council) Act 2009 does not confer on the board referred to in that section any right to appoint members of a regional planning committee.
(2)
However, subclause (1) does not prevent the board from undertaking any role in the appointment process under this schedule (including making an appointment) if the role is determined to be appropriate by the iwi and hapū committee or a Māori appointing body or bodies.
5 Te Runanga o Ngai Tahu to represent Ngāi Tahu Whanui
For all purposes of this schedule relating to composition discussions and appointment processes in respect of the regional planning committees, Ngāi Tahu Whanui, as defined in section 2 of Te Runanga o Ngai Tahu Act 1996, must be represented by Te Runanga o Ngāi Tahu in accordance with that Act.
6 Participation of iwi and hapū and other Māori groups
(1)
Before agreeing to a composition arrangement and determining the Māori appointing body or bodies, the iwi and hapū committee must engage with iwi and hapū and other Māori groups with interests in the region.
(2)
In order to meet the obligation under subclause (1), the iwi and hapū committee must—
(a)
hold 1 or more hui to discuss—
(i)
the composition arrangement; and
(ii)
the Māori appointing body or bodies; and
(iii)
disputes resolution processes set out in clauses 11 and 12 that are available to participants and may be followed in the event of a dispute in relation to the matters under subclause (1); and
(b)
so as to ensure as far as possible that those attending the hui are properly informed, by—
(i)
providing not less than 30 days’ notice of the date of the hui; and
(ii)
giving details in the notice of the date, place, time, and agenda of the hui.
(3)
The iwi and hapū committee must—
(a)
keep records as to what hui were held, who attended, and the agreed outcomes of those hui; and
(b)
make the records available, if requested, to persons or groups who did attend, or could have attended, the hui.
7 Role of Local Government Commission
(1)
The Local Government Commission must,—
(a)
as soon as possible after the date specified in the Order in Council under section 2(9) for a region, notify the local authorities, iwi authorities, and groups representing hapū in the region of the time frames for the composition and appointment process under this schedule; and
(b)
if requested by the local authorities or the iwi and hapū committee, facilitate the process between any of them, where appropriate, to assist in reaching agreement.
(2)
The Local Government Commission may rely on relevant information kept under section 755(2) for the purpose of notifying iwi authorities and groups representing hapū.
(3)
On being advised that the local authorities and iwi and hapū committee have agreed the composition arrangements for the regional planning committee, the Local Government Commission must—
(a)
confirm that the composition arrangement complies with this Part; and
(b)
make both the composition arrangement and the Commission’s confirmation of it publicly available by notice in the Gazette.
(4)
Subclause (5) applies if—
(a)
neither the regional council nor the unitary authority in the region complies with clause 3(5); or
(b)
the regional council or the unitary authority advises that the local authorities and the iwi and hapū committee have been unable to agree the composition arrangement; or
(c)
the regional council or the unitary authority provides a composition arrangement that does not meet the requirements of this schedule and relevant arrangements in Treaty settlement legislation.
(5)
If this subclause applies, the Local Government Commission must determine—
(a)
the total number of members on the regional planning committee; and
(b)
the local authority appointing bodies and the number of members to be appointed by those bodies; and
(c)
the number of members to be appointed by the Māori appointing body or bodies (but not to determine the Māori appointing bodies).
(6)
The Local Government Commission, when determining a regional planning committee’s composition, must—
(a)
comply with clauses 2 and 3(3) and (4); and
(b)
provide a draft determination to the local authorities and the iwi and hapū committee as soon as possible; and
(c)
take account of written submissions from the local authorities and the iwi and hapū committee, and any other relevant information provided as a result of facilitation or mediation (such as reports from a Crown facilitator); and
(d)
if requested, convene 1 joint meeting with the local authorities and iwi and hapū committee to discuss a draft determination; and
(e)
as soon as possible, but within 4 months after receiving the proposed composition arrangement from the regional council or unitary authority under clause 3(9), publish a final determination.
(7)
Section 35 and Schedules 4 and 5 of the Local Government Act 2002 apply with any necessary modifications to proceedings of the Local Government Commission under this schedule.
8 Temporary appointments to Local Government Commission
(1)
The Local Government Commission may request the Minister of Local Government, under clause 5 of Schedule 4 of the Local Government Act 2002, to appoint a temporary member of the Local Government Commission to assist the Commission in its role under clause 7 (for example, where the Commission is unable to determine a matter referred to it under clause 7).
(2)
Before making an appointment under subclause (1), the Minister of Local Government must be satisfied that the temporary member has—
(a)
knowledge of the region in question; and
(b)
expertise in—
(i)
te Tiriti o Waitangi and its principles; and
(ii)
local kawa and tikanga Māori and mātauranga Māori of the iwi and hapū in the region.
9 Particular requirements for Nelson and Tasman unitary authorities
Despite anything in clause 3, in the case of the Nelson and Tasman unitary authorities, they must agree which of them is to carry out the requirements in relation to information required by clause 3(5) and (9).
10 Facilitation to support composition and appointment process
(1)
The local authorities, iwi and hapū committee, or Local Government Commission may request the Minister to appoint a facilitator to support the process for reaching agreement on a composition arrangement for a period not exceeding 6 weeks.
(2)
The Crown must pay the reasonable costs and expenses of the facilitator under subclause (1) for a period not exceeding 6 weeks.
(3)
If, at the end of their appointment, an agreement on a composition arrangement has not been reached, the facilitator must prepare a report to assist the Commission to make a determination on the composition arrangement.
(4)
An iwi and hapū committee or the Māori appointing body or bodies may engage an independent facilitator to assist with their roles under this schedule.
(5)
The Crown must pay the reasonable costs and expenses of the facilitator under subclause (4).
11 Dispute resolution process for iwi, hapū, and other Māori groups
(1)
The purpose of this clause is to provide a process to support the resolution of disputes, if required, for the Māori appointment process under this schedule.
(2)
The Māori appointment process applies only to the first time the process is undertaken.
(3)
A dispute may (without limitation) be resolved by means of—
(a)
optional tikanga Māori-based facilitated hui:
(b)
optional tikanga Māori-based mediation:
(c)
if necessary to assist the parties to resolve any remaining disputes to ensure Māori members are appointed by the time the regional planning committee is established, arbitration.
(4)
To ensure that arbitration is available throughout the Māori appointment process, iwi authorities and groups that represent hapū must appoint an arbitrator within 3 months of notification by the Local Government Commission that the regional planning committee composition process has begun.
(5)
If an arbitrator is not appointed by agreement within 3 months after the notification by the Local Government Commission under clause 7(1)(a), the Secretary for the Environment must, on application, request the Māori Land Court to appoint an arbitrator.
(6)
A dispute must be referred to arbitration if—
(a)
there is no agreement on the composition of the iwi and hapū committee by the statutory deadline in clause 3(5); or
(b)
by the time the regional planning committee is established (as provided in clause 16(1)), there is no agreement on the Māori appointing body or bodies, or the Māori appointing body or bodies have yet to appoint members to the regional planning committee.
(7)
Any party entitled to participate at any stage in the Māori appointment process may commence arbitration relating to that stage at an earlier time by giving notice to the other parties.
(8)
Arbitration must be conducted by an arbitrator appointed in accordance with this clause.
(9)
The terms of appointment of an arbitrator must provide that—
(a)
the arbitrator’s determination must be in writing and incorporate the matters agreed between the parties, if any, and the arbitrator’s determination of any outstanding matters; and
(b)
the determination be made within 20 working days after the arbitrator is notified of the parties’ intention to enter into arbitration; and
(c)
the arbitrator must immediately notify the parties of the determination; and
(d)
the arbitrator must not disclose confidential information provided to the arbitrator in the course of the arbitration.
12 Appeals against arbitrator’s determination
(1)
Any party to an arbitrator’s determination may appeal to the Māori Land Court on any question of law arising out of the determination—
(a)
if the parties have so agreed before the making of that determination; or
(b)
with the consent of every other party given after the making of that determination; or
(c)
with the leave of the Māori Land Court.
(2)
The Māori Land Court must not grant leave under subclause (1)(c) unless it considers that, having regard to all the circumstances, the determination of the question of law concerned could substantially affect the rights of 1 or more of the parties.
(3)
The Māori Land Court may grant leave under subclause (1)(c) on any conditions that it sees fit.
(4)
On the determination of an appeal under this clause, the Māori Land Court may, by order,—
(a)
confirm, vary, or set aside the determination; or
(b)
remit the determination, together with the Māori Land Court’s opinion on the question of law which was the subject of the appeal, to the arbitrator for reconsideration.
(5)
If the determination is remitted under subclause (4)(b), the arbitrator must, unless the order otherwise directs, make the determination not later than 3 months after the date of the order.
(6)
With the leave of the Māori Land Court, any party may appeal to the Māori Appellate Court from any refusal of the Māori Land Court to grant leave or from any determination of the Māori Land Court under this clause.
(7)
If the Māori Land Court refuses to grant leave to appeal under subclause (3), the Māori Appellate Court may grant special leave to appeal, and section 56 of Te Ture Whenua Maori Act 1993 applies.
(8)
If the arbitrator’s determination is varied on an appeal under this clause, the determination as varied has effect (except for the purposes of this clause) as if it were the arbitrator’s determination, and the party relying on the determination must supply the duly authenticated original order of the Māori Land Court varying the award or a duly certified copy.
(9)
The Māori Land Court and the Māori Appellate Court may give any directions under Part 3 of Te Ture Whenua Maori Act 1993 that it considers appropriate in any proceedings before the court under this clause.
(10)
For the purposes of this clause, question of law—
(a)
includes an error of law that involves an incorrect interpretation of the applicable law (whether or not the error appears on the record of the determination); but
(b)
does not include any question as to whether—
(i)
the determination or any part of the determination was supported by any evidence or any sufficient or substantial evidence; and
(ii)
the arbitrator drew the correct factual inferences from the relevant primary facts.
13 Review of composition arrangement
(1)
The Local Government Commission may undertake a review of regional planning committee composition for a region if—
(a)
it finds there has been significant reform or reorganisation of local government that affects the operation of the regional planning committee; or
(b)
a local authority, iwi authority, or a group that represents hapū requests a review, and the Commission determines that a review is warranted because changes have occurred in relation to the matters listed in clause 3(3) or other reasonable circumstances warrant a review.
(2)
The Local Government Commission must not undertake a review for a region unless—
(a)
the first regional spatial strategy has been published; and
(b)
all appeals relating to the first plan have been determined; and
(c)
at least 3 years have elapsed since any former review under this clause has been completed.
(3)
However, subclause (2) does not apply to a review undertaken under subclause (1)(a).
(4)
The processes in clauses 3 to 12 apply to the review with any necessary modifications, except that the Commission may, in accordance with this Act, set the time frames for conducting the review.
14 Change of appointing body
(1)
Appointing bodies may be changed at any time as long as the change does not impact the overall number of members on the regional planning committee or the balance of Māori and local government members.
(2)
A local authority appointing body must be changed if the existing appointing body notifies the Local Government Commission of a change of the appointing body.
(3)
A Māori appointing body must be changed if the iwi and hapū committee notifies the Local Government Commission of a change of the Māori appointing body.
(4)
The Local Government Commission must make any change to appointing bodies publicly available by the same means used to make the relevant composition arrangement publicly available under clause 7(3).
(5)
If a change of an appointing body impacts on the overall number of members or the balance of Māori and local government members, the Local Government Commission must treat the change as requiring a review under clause 13(1)(b).
15 Process for appointing members of regional planning committees
(1)
An appointing body must establish an appointment policy that sets out—
(a)
the process for appointing its members of a regional planning committee; and
(b)
the criteria or considerations that will inform appointment decisions; and
(c)
the process for appointing replacements or substitutes in the event of the resignation of a member; and
(d)
the circumstances when appointees may be removed and replaced, including under subclause (2).
(2)
A person is disqualified from holding office as member of a regional planning committee if the person is convicted of an offence punishable by a term of imprisonment of 2 years or more.
(3)
An appointing body may remove or replace any of its members on the regional planning committee, at any time, in accordance with its appointment policy.
(4)
An appointing body must make the appointment policy publicly available.
(5)
If an appointment is to be made by a local authority or by 2 or more local authorities, the voting system for making appointments set out in clause 25 of Schedule 7 of the Local Government Act 2002 applies to the appointment.
(6)
The host local authority must make the appointment public by publishing it on its website.
(7)
The appointing bodies must make their appointments and give notice to the host local authority,—
(a)
if there is agreement between the local authorities and the iwi and hapū committee on the composition arrangement, within 4 months after the confirmation of the composition arrangement:
(b)
if the Local Government Commission is determining the composition arrangement, within 6 months after the Local Government Commission publishes the final determination.
(8)
The appointment policy of a local authority appointing body must be consistent with relevant requirements in the Local Government Act 2002, including—
(a)
the purpose of local government (see section 10 of the Local Government Act 2002); and
(b)
the principles relating to local authorities (see section 14 of that Act).
(9)
The appointing body may change its appointment policy when making replacement appointments, and it must make the changed policy publicly available.
16 When regional planning committees treated as established
(1)
A regional planning committee must be treated as established and may commence operating on the earliest of the following:
(a)
at the end of the time periods specified in clause 15(7):
(b)
any time before those periods end when all members have been appointed.
(2)
Any change to the composition arrangement arising from an appeal under Schedule 5 of the Local Government Act 2002 does not of itself invalidate the regional planning committee or its actions and decisions.
(3)
An unfilled appointment on a regional planning committee must be treated as a vacancy until filled by the appointing body.
(4)
A failure to identify an appointing body or a failure of an appointing body to make an appointment does not of itself invalidate the regional planning committee or its actions and decisions.
17 Duty to act collectively
The members of a regional planning committee and members of subcommittees and cross-regional planning committees must work collectively and collaboratively to achieve the purpose of this Act and the Spatial Planning Act 2023 across the region of the regional planning committee.
18 Member appointed for role under Spatial Planning Act 2023
(1)
The key role of the member of a regional planning committee appointed by the Minister responsible for the Spatial Planning Act 2023 is to communicate to the other members of the committee the Government’s strategic priorities in relation to that Act.
(2)
That Minister must ensure that relevant central government strategic priorities in relation to the Spatial Planning Act 2023 are provided to the regional planning committee in a co-ordinated way.
(3)
A member appointed by that Minister is entitled to participate and vote on matters arising under the Spatial Planning Act 2023, and on matters relating to the operation of the regional planning committee (including appointment of the director of the secretariat, the establishment of subcommittees, standing orders, codes of conduct, and other operational matters set out in this schedule), but not on other matters arising under this Act.
Part 2 Procedural provisions
19 Decisions of regional planning committees
(1)
The members of the regional planning committee may, subject to clause 18(3), participate fully in the committee’s decision making without the appointing body’s prior authority.
(2)
Decisions of the regional planning committee do not need to be ratified by the appointing bodies.
20 Procedure generally
A regional planning committee may regulate its own procedure in accordance with its standing orders, except as otherwise provided by this Act or the Local Government Act 2002.
21 Consensus decision making
(1)
The regional planning committee must do all things reasonably possible to achieve consensus in its decision making under this Act and the Spatial Planning Act 2023 on—
(a)
the regional spatial strategy; and
(b)
the plan; and
(c)
the appointment of the director of the secretariat under clause 34; and
(d)
the establishment of subcommittees under clause 33 or 45 and cross-regional committees under section 39 of the Spatial Planning Act 2023.
(2)
The chairperson must determine whether a consensus can be achieved on an issue.
(3)
If the chairperson determines that a consensus cannot be achieved, the chairperson must convene a vote under clause 24(1).
(4)
In this clause, consensus means—
(a)
unanimity; or
(b)
general agreement characterised by the absence of sustained opposition on any substantial issue.
22 Appointment of chairperson
(1)
The members of a regional planning committee may appoint—
(a)
a member to be the single chairperson:
(b)
co-chairpersons:
(c)
a person who is not a member to be a non-voting independent chairperson:
(d)
members to be alternative chairpersons (in addition to chairpersons under paragraphs (a) to (c)).
(2)
The members of a regional planning committee must ensure that, at all times, there is at least 1 appointed chairperson.
23 Quorum
A regional planning committee may set in its standing orders its own quorum for the transaction of business that is at least 50% plus 1 of all members.
24 Voting
If a vote must be convened under clause 21(3), the matter must be decided by a majority (50% plus 1) of all members of the regional planning committee and not just 50% plus 1 of the members present at the meeting when the vote is taken, except as otherwise provided by this Act.
25 Mediation
(1)
This clause applies if the members of a regional planning committee are unable to agree on a matter that needs to be resolved and the chairperson considers that a mediator should be appointed to resolve the dispute.
(2)
The chairperson may appoint a suitably qualified person to act as mediator.
(3)
The regional planning committee is responsible for meeting the mediator’s costs and related expenses.
26 Minority reports
A regional planning committee may include in its decision on a matter a minority report by any member who has a substantial dissenting view.
27 Chairperson to refer matter to Minister if no decision achievable
(1)
This clause applies if—
(a)
a regional planning committee needs to decide a matter in order to fulfil its responsibilities under this Act or the Spatial Planning Act 2023; and
(b)
a consensus is not reached on the matter; and
(c)
a vote under clause 24(1) fails to resolve the matter; and
(d)
a mediator fails to resolve the matter through mediation.
(2)
The chairperson must advise the Minister or the Minister responsible for the Spatial Planning Act 2023, as the case may be, that a decision is required on the matter.
(3)
The Minister responsible for the Spatial Planning Act 2023 may, in the case of a regional spatial strategy,—
(a)
review and determine the matter; or
(b)
appoint an independent person to review and determine the matter.
(4)
The Minister may, in the case of a plan, appoint an independent person with resource management experience to review and determine the matter.
(5)
The regional planning committee must comply with information requests from the Minister or person making the determination that are relevant to the matter requiring decision.
(6)
The Minister or person making the determination must consider any relevant information provided to them by the committee and provide a determination within a reasonable time frame.
(7)
The Minister or the Minister responsible for the Spatial Planning Act 2023, as the case may be, must advise the committee of the determination and the committee must make the determination publicly available.
(8)
The determination is binding on the regional planning committee.
28 Intervention by Minister
(1)
This clause applies if a regional planning committee is unable to effectively fulfil its responsibilities under this Act.
(2)
The Minister may appoint a Crown observer to assist the regional planning committee if the Minister—
(a)
reasonably believes that a significant problem is preventing the committee from performing its statutory functions and dispute resolution mechanisms have failed to resolve the problem; or
(b)
has received a written request from the chairperson or the committee to do so.
(3)
The Crown observer must assist the regional planning committee to address the problem and make recommendations to the Minister.
(4)
The regional planning committee may respond to the recommendations made by the Crown observer.
(5)
The Minister may appoint as a Crown observer only a person who, in the Minister’s opinion, has the appropriate knowledge, skills, and experience to address the problem and make recommendations to the Minister.
(6)
The Minister may dissolve a regional planning committee and replace it with a commission on the recommendation of a Crown observer if the Minister considers that further dispute resolution mechanisms are unlikely to resolve the problem.
(7)
The Minister must notify the appointment of a commission—
(a)
to the appointing bodies of that regional planning committee; and
(b)
to the committee, in writing; and
(c)
by notice in the Gazette and by public notice.
(8)
The Minister’s notification must include the details required for a notification under section 258S of the Local Government Act 2002.
(9)
The commission has all the powers of a regional planning committee.
(10)
At the end of the commission’s term, the regional planning committee’s membership reverts to that specified in the composition arrangement that was in place at the time when the commission was appointed.
(11)
However, at the end of the commission’s term, if recommended by the Commission, the Minister may require the appointing bodies to make new appointments.
29 Standing orders and code of conduct
(1)
A regional planning committee must adopt, abide by, and maintain a set of standing orders that provides for the conduct of its meetings and a code of conduct for its members, as soon as practicable after the committee is established.
(2)
The regional planning committee must adopt the host local authority’s standing orders and code of conduct, if it decides not to develop its own standing orders and code of conduct.
(3)
The members must comply with the standing orders and code of conduct.
(4)
The adoption or amendment of the standing orders and of the code of conduct requires a vote in support of not less than 75% of the members present.
30 Application of Local Government Official Information and Meetings Act 1987 and Public Records Act 2005
(1)
The Local Government Official Information and Meetings Act 1987 and the Public Records Act 2005 apply to regional planning committees and their members, subject to this schedule.
(2)
Section 7(2) of the Local Government Official Information and Meetings Act 1987 must be read as if the following paragraphs were added:
(k)
avoid serious offence to tikanga Māori; or
(l)
avoid the disclosure of the location of wāhi tapu of significant interest.
(3)
Parts 1 to 6 of the Local Government Official Information and Meetings Act 1987 apply with any necessary modifications to a regional planning committee and its director.
(4)
Part 7 of the Local Government Official Information and Meetings Act 1987 applies as if—
(a)
every reference to a local authority includes a reference to a regional planning committee; and
(b)
every reference to the chief executive includes a reference to the director of a secretariat of a regional planning committee.
31 Application of Local Authorities (Members’ Interests) Act 1968
(1)
The Local Authorities (Members’ Interests) Act 1968 applies to regional planning committees and their members, subject to this schedule.
(2)
A member of a regional planning committee is not precluded from discussing or voting on a matter just because of their iwi and hapū membership or related cultural factors.
(3)
However,—
(a)
a person is disqualified from being appointed as a member of a regional planning committee if the total of all payments made or to be made by or on behalf of the secretariat in respect of all contracts made by it in which that person is concerned or interested exceeds $25,000 in any financial year:
(b)
a person is not disqualified from being a member of a regional planning committee if they are over that financial limit for work undertaken for a local authority, including the host authority:
(c)
despite anything in the Local Authorities (Members’ Interests) Act 1968, a person employed by the director in order to undertake business of a regional planning committee is disqualified from being a member of the committee.
32 Regional planning committees may delegate functions, duties, or powers
(1)
A regional planning committee may not delegate its power to make decisions on a plan under this Act or a regional spatial strategy, except as otherwise provided in this Act, the Spatial Planning Act 2023, or any Treaty settlement legislation.
(2)
Nothing in subclause (1) prevents a joint management agreement or Mana Whakahono ā Rohe being completed or transitioned under Schedule 1.
(3)
A regional planning committee may delegate its functions, duties, and other powers to a subcommittee or any other person or organisation, subject to subclause (1).
(4)
In exercising its functions, duties, or powers, a regional planning committee may seek advice from any subcommittee or any other person or organisation.
33 Subcommittees of regional planning committees
(1)
A regional planning committee may establish subcommittees to provide advice as it sees fit, including joint subcommittees that include members of other planning committees.
(2)
A regional planning committee may seek views from appointing bodies when establishing subcommittees.
(3)
A regional planning committee may appoint any member of the committee, and any other person, to be members of a subcommittee.
Part 3 Hosting and support of regional planning committee
34 Secretariat arrangements
(1)
A regional planning committee must appoint a director of the secretariat to support it in carrying out its functions, duties, and powers.
(2)
An existing employee of a local authority or other person may be appointed as the director.
(3)
The director must consult the regional planning committee on a resourcing plan for staffing the secretariat, and in preparing that plan must consider the expertise and skills available across all the groups represented on the committee.
(4)
The director must also consult the appointing bodies about the draft resourcing plan and collaborate with the local authorities in the region when the director proposes to draw on the skills and expertise of their staff.
(5)
In preparing the resourcing plan, the director must consider the desirability of seconding existing local authority staff to work in the secretariat, rather than employing or contracting new staff.
(6)
The director may, but is not required to, appoint any employees necessary for carrying out its functions, duties, and powers.
(7)
The director and employees appointed under subclause (6) are employees of the regional planning committee.
(8)
The director has all the rights, powers, and duties that are reasonably necessary to enable the regional planning committee to carry out its responsibilities and to enable the secretariat to operate efficiently and effectively, including—
(a)
the power to enter contracts, leases, and other agreements; and
(b)
with the approval of the committee, the power to enter multi-year contracts or agreements that commit expenditure outside that agreed under clause 38(4) or (5) or determined under clause 39(2) or (3).
(9)
See clause 35 if the host local authority is a unitary authority (other than the Nelson City Council or the Tasman District Council).
35 Secretariat arrangements where host local authority is unitary authority
(1)
This clause applies if the host local authority is a unitary authority (other than the Nelson City Council or the Tasman District Council).
(2)
The unitary authority must employ a director of the secretariat on the direction of the regional planning committee given after consulting the chief executive of the unitary authority.
(3)
The unitary authority must provide staff (whether employed, contracted, or seconded) in accordance with the resourcing plan prepared under clause 34(3) to (5) to support the regional planning committee and enable the director to meet their responsibilities under clauses 34(1) and 36(1) (which apply with any necessary modifications).
(4)
Clause 34(6) and (7) does not apply to a unitary authority other than the Nelson City Council or the Tasman District Council.
36 Responsibilities of director of secretariat
The director of the secretariat of a regional planning committee is responsible for—
(a)
providing technical advice and administrative support to the committee:
(b)
establishing and facilitating collaborative working arrangements with and between local authorities and Māori in the region for the purposes of plan making:
(c)
ensuring that the secretariat has the technical expertise and skills in local kawa, tikanga Māori, and mātauranga Māori of the iwi and hapū in the region:
(d)
providing administrative support to independent hearings panels in a way that maintains the independence of panels.
37 Host local authority
(1)
The host local authority must provide administrative support to the regional planning committee and the secretariat, and manage the committee’s finances on behalf of the committee.
(2)
The local authorities in a region, after consultation with the iwi and hapū committee, must endeavour to appoint 1 of the local authorities to act as the host of the regional planning committee in accordance with the relevant composition decision process.
(3)
The appointment of a host local authority—
(a)
must be made no later than 8 months after the local authorities receive the notification given under clause 7(1)(a); and
(b)
may be decided by a simple majority of the local authorities in the region.
(4)
However, if the local authorities are unable to decide the matter under subclause (3), the regional council must act as the host local authority.
(5)
Subclause (3)(b) does not apply to the Nelson and Tasman unitary authorities, and they must agree which of them is to be the host local authority.
(6)
The local authorities may change the host local authority by unanimous agreement after consulting the iwi and hapū committee.
(7)
A reference in this schedule to a host local authority must be read as including a unitary authority (other than the Nelson City Council or the Tasman District Council).
38 Funding and resourcing for regional planning committees
(1)
The local authorities in the region of a regional planning committee must jointly fund and provide resources sufficient to enable the committee and the secretariat to perform or exercise their functions, duties, and powers.
(2)
The remuneration and expenses of a member appointed by the Minister responsible for the Spatial Planning Act 2023 must be paid out of money appropriated by Parliament.
(3)
A member of a regional planning committee (other than a member appointed by the Minister responsible for the Spatial Planning Act 2023) is entitled to receive remuneration for services as a member at a rate and of a kind determined by the Remuneration Authority in accordance with clauses 6 to 9 of Schedule 7 of the Local Government Act 2002, which apply with the necessary modifications.
(4)
If multiple local authorities are required to contribute funding for a regional planning committee, those local authorities must, having regard to the draft statement of intent under clause 40(1), work together in good faith to agree the amount of funding to be provided to the committee and the share of funding to be provided by each authority.
(5)
In the case of a region with a unitary authority, the authority must, having regard to the draft statement of intent under clause 40(1), determine the amount of funding to be provided to the regional planning committee.
(6)
The local authorities must not—
(a)
direct the regional planning committee as to the use of the funding; or
(b)
alter the amount of the funding without the consent of the committee.
(7)
The funding and resourcing of a regional planning committee must be treated as being within the functions and duties of a local authority for the purposes of the Local Government Act 2002.
(8)
The regional planning committee must pay any Remuneration Authority levy for a determination made under this clause by the Remuneration Authority.
39 Funding disputes
(1)
If any dispute exists regarding the amount of funding to be provided to a regional planning committee, or the share of funding to be provided by each local authority in the region, the committee or any of the local authorities may apply to the Minister to appoint a suitably qualified, independent person to investigate and resolve the dispute.
(2)
The appointee may, having regard to the draft statement of intent under clause 40(1), determine the funding to be provided or the respective contributions to be made by the local authorities, or both (as the case requires).
(3)
The Minister may, having regard to the draft statement of intent under clause 40(1), set a provisional funding contribution to be provided by each local authority if the Minister considers it necessary.
(4)
The Minister must consult the Minister of Local Government when taking action under this clause.
(5)
Decisions made under subclause (2) or (3) are binding on the local authorities.
40 Statement of intent
(1)
A regional planning committee must prepare and make publicly available an annual draft statement of intent for the next financial year and submit it to the appointing bodies within a time frame agreed by the local authorities.
(2)
The regional planning committee must prepare and make publicly available a final statement of intent for that financial year that reflects the agreed final amount of funding.
(3)
Draft and final statements of intent must include the information prescribed by regulations under clause 44(1)(c) (if any).
(4)
The statement of intent must include—
(a)
(b)
provision of funding for Māori participation in the development, implementation, and monitoring of plans, in accordance with Parts 3 and 5 and Schedule 6 of this Act and the regional spatial strategy in accordance with the Spatial Planning Act 2023.
(5)
The regional planning committee must take into account the views of appointing bodies when finalising the statement of intent.
(6)
(7)
If the host local authority is a unitary authority (other than the Nelson City Council or the Tasman District Council), a statement of intent is not required but the unitary authority must include the matters specified in subclause (4)(a) and (b) in its annual plan or long-term plan in accordance with the Local Government Act 2002.
41 Annual reports
(1)
A regional planning committee must prepare and make publicly available an annual report for each financial year and provide it to the appointing bodies within 3 months after the end of the financial year to which it relates.
(2)
A regional planning committee’s annual report must include the information prescribed by regulations under clause 44(1)(d) (if any).
(3)
A regional planning committee’s annual report is not an annual report for the purposes of section 67 or 98 of the Local Government Act 2002.
(4)
An annual report is not required if the host local authority is a unitary authority (other than the Nelson City Council or the Tasman District Council).
42 Transitional provisions relating to establishment of regional planning committees
(1)
A host local authority may commit expenditure for the purpose of the establishment or operation of the regional planning committee for the period from the establishment of the committee until the committee’s first statement of intent takes effect.
(2)
That expenditure incurred under subclause (1) must be reimbursed by the regional planning committee.
(3)
The host local authority may appoint an interim director of the committee until the regional planning committee appoints a permanent director, and the interim director has all the powers of a director under this schedule.
Part 4 Miscellaneous provisions
43 Relationship between this schedule and legislation relating to local government
(1)
The following provisions of the Local Government Act 2002 apply (with any necessary modifications) as if a regional planning committee were a local authority, and as if the references to a chief executive were references to a director of a committee secretariat:
(b)
(c)
section 81, as if section 81(2)(a) referred to the role of the committee:
(d)
(2)
A host local authority’s significance policy applies to decision making by the regional planning committee (with any necessary modifications), unless the committee adopts its own significance policy.
(3)
A regional planning committee must hold the meetings that are necessary to fulfil its role.
(4)
Clause 19(3) of Schedule 7 of the Local Government Act 2002 applies as if a meeting must be called and conducted by the regional planning committee in accordance with this Act and the Spatial Planning Act 2023.
(5)
The first meeting of a regional planning committee must be convened as soon as practicable after the committee is established to—
(a)
elect a chairperson or chairpersons; and
(b)
receive a general explanation from the director of the relevant legislation that applies to the members and their proceedings; and
(c)
fix a date and time for their first meeting, or adopt a schedule of meetings.
(6)
Nothing in the Local Government (Auckland Council) Act 2009 overrides the decision-making framework that applies under this Act to a regional planning committee operating in the Auckland region.
(7)
A regional planning committee is not a separate public entity for the purpose of the Public Audit Act 2001.
(8)
In the event of a conflict between a provision in this Act or the Spatial Planning Act 2023, and a provision in any other enactment relating to local government functions, duties, or powers that affects the operation of a regional planning committee, the provision in this Act or the Spatial Planning Act 2023 prevails.
44 Secondary legislation relating to regional planning committees
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, after consultation with the Minister responsible for the Spatial Planning Act 2023 and the Minister for Local Government, make regulations for 1 or more of the following purposes:
(a)
prescribing the processes the Local Government Commission must follow in making determinations on a composition arrangement:
(b)
prescribing procedures and processes to be followed by regional planning committees, and their subcommittees, in performing or exercising their functions, duties, or powers under this Act or the Spatial Planning Act 2023, and requiring regional planning committees to establish subcommittees for any particular purpose specified in the regulations or by the Minister:
(c)
prescribing information that must be included in any statement of intent required under clause 40:
(d)
prescribing information that must be included in any annual report under clause 41.
(2)
The Minister may extend any time frames specified in this schedule after—
(a)
considering whether the extension would assist in reaching an agreement on a matter that must be agreed to support the timely formation of a regional planning committee; and
(b)
considering whether anyone would be disadvantaged by the extension and whether that impact can be mitigated; and
(c)
considering any other matters that the Minister considers relevant; and
(d)
consulting the relevant local authorities and the iwi and hapū committee on the proposed extension.
(3)
The Minister may grant an extension more than once in relation to the same matter, but may not extend a time frame by more than 6 months in total at any point in the process.
(4)
Regulations under this clause are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
(5)
An instrument by which the Minister sets or varies, or alters for a region, any statutory deadlines is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation referred to in subclause (4) | ||||
| 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. | ||||
| Legislation Act 2019 requirements for secondary legislation referred to in subclause (5) | ||||
| Publication | The maker must publish it in accordance with the Legislation (Publication) Regulations 2021, unless it is published by PCO | LA19 ss 69, 73, 74(1)(aa) | ||
| 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. | ||||
45 Transitional provisions relating to subcommittees
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister,—
(a)
direct a regional planning committee to establish a subcommittee for the purpose of providing advice and recommendations on—
(i)
the matters for which regional councils are responsible under section 50:
(ii)
any particular matters under section 50 that are specified in the order:
(b)
specify membership requirements in addition to those in subclauses (2) and (3):
(c)
specify processes that relate to the establishment or operation of a subcommittee in addition to those in subclauses (4) and (5):
(d)
provide for the subcommittee to be established for a specified period or on an ongoing basis until disestablished in accordance with the order.
(2)
A regional planning committee to which an order under subclause (1) applies must establish a subcommittee from a pool of people nominated by—
(a)
the regional council or unitary authority (as applicable) and, in the case of the Nelson and Tasman unitary authorities, by each unitary authority; and
(b)
the Māori appointing bodies in the region.
(3)
Membership of a subcommittee may include, but is not limited to, members of the regional planning committee (if nominated by all the relevant parties referred to in subclause (2)).
(4)
A subcommittee must, before the regional planning committee notifies its plan, provide advice and recommendations to the regional planning committee on the provisions of the plan that relate to matters for which regional councils and unitary authorities are responsible under section 50.
(5)
The subcommittee must comply with the standing orders of the regional planning committee, and clauses 20 to 26, 30, and 31 of this schedule apply to its proceedings with any necessary modifications.
(6)
Only one subcommittee may be established by a regional planning committee under the direction of an Order in Council made under this section.
(7)
An Order in Council must not be made under this clause in respect of a region after the regional planning committee notifies its first plan under this Act.
(8)
An Order in Council under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this clause | ||||
| 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. | ||||
46 Committee of unitary authority may become regional planning committee
(1)
A unitary authority (other than the Nelson City Council and Tasman District Council) may, in accordance with this clause, determine for efficiency reasons that an existing committee of the unitary authority (the existing committee), with a composition agreed under this clause, be the regional planning committee for the relevant region.
(2)
The existing committee has all the functions, powers, and duties of a regional planning committee under this Act and the Spatial Planning Act 2023.
(3)
Once the unitary authority makes the determination under subclause (1), the provisions of this Act (including this schedule) apply in the same way as they apply to a regional planning committee appointed for the relevant region of a unitary authority (other than the Nelson District Council and Tasman District Council).
(4)
The provisions of this schedule apply to the existing committee.
(5)
In agreeing composition, the unitary authority and the iwi and hapū committee, in addition to the considerations in clauses 2 and 3, must have particular regard to the desirability of continuing existing arrangements that enable participation in decision making of the unitary authority by iwi authorities, groups that represent hapū, and other Māori groups with interests in the region.
(6)
To ensure Treaty settlement arrangements are provided for, a unitary authority may make a determination under subclause (1) only after the Order in Council provided for in section 2(9) has been made for the region.
(7)
The existing committee must be treated as being established as the regional planning committee once the requirements of clause 16 have been met.
Schedule 8 Water quality classes
Note: The standards listed for each class apply after reasonable mixing of any contaminant or water with the receiving water and disregard the effect of any natural perturbations that may affect the water body.
1 Class AE Water (being water managed for aquatic ecosystem purposes)
(1)
The natural temperature of the water must not be changed by more than 3° Celsius.
(2)
The following must not be allowed if they have an adverse effect on aquatic life:
(a)
any pH change:
(b)
any increase in the deposition of matter on the bed of the water body or coastal water:
(c)
any discharge of a contaminant into the water.
(3)
The concentration of dissolved oxygen must exceed 80% of saturation concentration.
(4)
There must be no undesirable biological growths as a result of any discharge of a contaminant into the water.
2 Class F Water (being water managed for fishery purposes)
(1)
The natural temperature of the water—
(a)
must not be changed by more than 3° Celsius; and
(b)
must not exceed 25° Celsius.
(2)
The concentration of dissolved oxygen must exceed 80% of saturation concentration.
(3)
Fish must not be rendered unsuitable for human consumption by the presence of contaminants.
3 Class FS Water (being water managed for fish spawning purposes)
(1)
The natural temperature of the water must not be changed by more than 3° Celsius. The temperature of the water must not adversely affect the spawning of the specified fish species during the spawning season.
(2)
The concentration of dissolved oxygen must exceed 80% of saturation concentration.
(3)
There must be no undesirable biological growths as a result of any discharge of a contaminant into the water.
4 Class SG Water (being water managed for the gathering or cultivating of shellfish for human consumption)
(1)
The natural temperature of the water must not be changed by more than 3° Celsius.
(2)
The concentration of dissolved oxygen must exceed 80% of saturation concentration.
(3)
Aquatic organisms must not be rendered unsuitable for human consumption by the presence of contaminants.
5 Class CR Water (being water managed for contact recreation purposes)
(1)
The visual clarity of the water must not be so low as to be unsuitable for bathing.
(2)
The water must not be rendered unsuitable for bathing by the presence of contaminants.
(3)
There must be no undesirable biological growths as a result of any discharge of a contaminant into the water.
6 Class IA Water (being water managed for industrial abstraction)
(1)
The quality of the water must not be altered in those characteristics which have a direct bearing upon its suitability for the specified industrial abstraction.
(2)
There must be no undesirable biological growths as a result of any discharge of a contaminant into the water.
7 Class NS Water (being water managed in its natural state)
The natural quality of the water must not be altered.
8 Class A Water (being water managed for aesthetic purposes)
The quality of the water must not be altered in those characteristics which have a direct bearing upon the specified aesthetic values.
9 Class C Water (being water managed for cultural purposes)
The quality of the water must not be altered in those characteristics which have a direct bearing upon the specified cultural or spiritual values.
Schedule 9 Information required in application for resource consent
Contents
1 Information must be specified in sufficient detail
(1)
Information included in an application for a resource consent must—
(a)
be sufficiently detailed and adequate to enable the consent authority to undertake its assessment; and
(b)
be proportionate to the scale and significance of the activity; and
(c)
demonstrate how the activity—
(i)
is consistent with relevant outcomes; and
(ii)
will avoid, remedy, offset, or provide environmental compensation for adverse effects; and
(iii)
will comply with relevant environmental limits and achieve relevant targets.
(2)
See section 240 (incomplete applications).
2 Information required in all applications
(1)
An application for a resource consent for an activity (the activity) must include the following:
(a)
a description of the activity:
(b)
a description of the site at which the activity is to occur:
(c)
a description of any other activities that are part of the proposal to which the application relates:
(d)
a description of any other resource consents required for the proposal to which the application relates:
(e)
an assessment of the activity with regard to the national planning framework but only if it is necessary for a reason specified in section 286(12)(a)(i) to (iii):
(f)
an assessment of the activity with regard to the purpose of this Act, but only if it is necessary for a reason specified in section 286(12)(b)(i) to (iii):
(g)
an assessment of the activity with regard to the matters referred to in section 286(2)(c) to (e).
(2)
The assessment under subclause (1)(g) must include an assessment of the activity against—
(a)
any relevant outcomes, policies, or rules in the national planning framework, the relevant plan, and the relevant regional spatial strategy; and
(b)
any relevant requirements, conditions, or permissions in any rules of those documents; and
(c)
any other relevant requirements in those documents.
(3)
An application must, unless the national planning framework, the relevant plan, or another Act otherwise requires, also include an assessment of the activity’s effects on the environment that—
(a)
includes the information required by clause 6; and
(b)
addresses the matters specified in clause 7; and
(c)
includes such detail as corresponds with the scale and significance of the effects that the activity may have on the environment.
3 Additional information required in some applications
An application must also include any of the following that apply:
(a)
if any permitted activity is part of the proposal to which the application relates, a description of the permitted activity that demonstrates that it complies with the requirements, conditions, and permissions for the permitted activity (so that a resource consent is not required for that activity under section 140):
(b)
if the application is affected by section 487(1)(c) (which relates to existing resource consents), an assessment of the value of the investment of the existing consent holder (for the purposes of section 286(6)):
(c)
if the activity is to occur in an area within the scope of a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011, an assessment of the activity against any matters relevant to this Act that are set out in that planning document (for the purposes of section 286(8)).
4 Additional information required in application for subdivision consent
An application for a subdivision consent must also include information that adequately defines the following:
(a)
the position of all new boundaries:
(b)
the areas of all new allotments, unless the subdivision involves a cross lease, company lease, or unit plan:
(c)
the locations and areas of new reserves to be created, including any esplanade reserves and esplanade strips:
(d)
the locations and areas of any existing esplanade reserves, esplanade strips, and access strips:
(e)
the locations and areas of any part of the bed of a river or lake to be vested in a territorial authority under section 583:
(f)
the locations and areas of any land within the coastal marine area (which is to become part of the common marine and coastal area under section 583):
(g)
the locations and areas of land to be set aside as new roads.
5 Additional information required in application for reclamation
An application for a resource consent for reclamation must also include information to show the area to be reclaimed, including the following:
(a)
the location of the area:
(b)
if practicable, the position of all new boundaries:
(c)
any part of the area to be set aside as an esplanade reserve or esplanade strip.
Assessment of environmental effects
6 Information required in assessment of environmental effects
(1)
An assessment of the activity’s effects on the environment must include the following information:
(a)
if it is likely that the activity will result in any significant adverse effect on the environment, a description of any possible alternative locations or methods for undertaking the activity:
(b)
an assessment of the actual or potential effect on the environment of the activity:
(c)
if the activity includes the use of hazardous installations, an assessment of any risks to the environment that are likely to arise from such use, including any risks that have—
(i)
a low probability of occurrence; but
(ii)
a high potential impact on the environment:
(d)
if the activity includes the discharge of any contaminant,—
(i)
a description of the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and
(ii)
a comparative assessment of any possible alternative methods of discharge, including discharge into any other receiving environment and the possibility of no discharge:
(e)
a description of the mitigation measures (including safeguards and contingency plans where relevant) to be undertaken to help prevent or reduce the actual or potential effect:
(f)
identification of the persons affected by the activity, any consultation undertaken, and any response to the views of any person consulted:
(g)
if the scale and significance of the activity’s effects are such that monitoring is required, a description of how and by whom the effects will be monitored if the activity is approved:
(h)
if the activity will, or is likely to, have adverse effects that are more than minor on the exercise of a protected customary right, a description of possible alternative locations or methods for the exercise of the activity (unless written approval for the activity is given by the protected customary rights group).
(2)
A requirement to include information in the assessment of environmental effects is subject to the provisions of the national planning framework or the plan.
(3)
To avoid doubt, subclause (1)(f) obliges an applicant to report as to the persons identified as being affected by the proposal, but does not—
(a)
oblige the applicant to consult any person about the application; or
(b)
create any ground for expecting that the applicant will consult any person.
7 Matters that must be addressed by assessment of environmental effects
(1)
An assessment of the activity’s effects on the environment must address the following matters:
(a)
any effect on those in the neighbourhood and, where relevant, the wider community, including any social, economic, or cultural effects:
(b)
any physical effect on the locality, including any landscape and visual effects:
(c)
any effect on ecosystems, including effects on plants or animals and any physical disturbance of habitats in the vicinity:
(d)
any effect on natural and physical resources having aesthetic, recreational, scientific, historical, spiritual, or cultural value, or other special value, for present or future generations:
(e)
any discharge of contaminants into the environment, including any unreasonable emission of noise, and options for the treatment and disposal of contaminants:
(f)
any risk to the neighbourhood, the wider community, or the environment through natural hazards or hazardous installations.
(2)
An assessment of the activity’s effects on the environment must not address any matter described in section 286(10).
(3)
The requirement to address a matter in the assessment of environmental effects is subject to the provisions of the national planning framework or the plan.
Schedule 10 Other consenting processes and proposals of national significance
Contents
Part 1 Comparative consenting process
1 Defined terms
In this Part,—
affected application means an application that satisfies the requirements of clause 2(a) and (b)
required time period means the time period determined under clause 3.
2 Consent authority must deal with affected consent applications under this Part if required by rule
A consent authority must hear, process, and determine an application for a resource consent in accordance with this Part only if—
(a)
the application is of a kind that is required to be dealt with under this Part by a framework rule or a plan rule; and
(b)
the application is made within the required time period.
3 Consent authority must determine and publicly notify required time period
(1)
A consent authority must—
(a)
determine the time period (the required time period) within which it will receive affected applications; and
(b)
no later than 40 working days before the required time period commences,—
(i)
give public notice of the required time period; and
(ii)
make publicly available a report setting out its reasons and its assessment required by subclause (2).
(2)
The consent authority must conduct an assessment of the required time period against any applicable direction in the national planning framework or a plan.
4 Part 6 applies to affected application subject to this Part
Part 6 of this Act applies to an affected application except and to the extent that this Part provides otherwise.
5 Two or more affected applications must be dealt with at same time
All affected applications submitted to a consent authority within the required time period—
(a)
must, subject to this Part, undergo the procedures and requirements of the standard consenting process; and
(b)
must undergo those procedures and requirements in accordance with the same timetable.
6 Consent authority must provide certain information to affected applicants
A consent authority must, as soon as practicable after the close of the required time period, give each affected applicant—
(a)
the names and contact details of every other affected applicant; and
(b)
a copy of every other affected application.
7 When time frame for processing affected applications commences
The time frame for processing an affected application commences on the next working day after the close of the required time period.
8 Suspension of processing
A consent authority may suspend the processing of an affected application under section 242 or 245 only if—
(a)
a request is made by all affected applicants; and
(b)
the consent authority considers it is appropriate to suspend processing.
9 Consent authority may request Environment Court to determine affected applications
(1)
A consent authority may request the Environment Court to determine the affected applications.
(2)
The request—
(a)
must be made within 20 working days after the expiry of the required time period; and
(b)
must be made in accordance with the process set out in regulations made under section 801; and
(c)
to avoid doubt, does not require agreement from any affected applicant.
10 Affected applicant must not make certain requests unless all other affected applicants agree
An affected applicant must not, unless all other affected applicants agree,—
(a)
apply under Part 6 of this Act to the Environment Court to determine the affected applications:
(b)
request the Minister to call in the affected applications as a matter of national significance.
11 Decision maker must consider merits of affected applications and apply criteria
(1)
When determining affected applications under Part 6 of this Act, a decision maker must,—
(a)
when having regard to the matters in section 286(2), consider the merits of each affected application against the merits of all other affected applications; and
(b)
have regard to any other applicable criteria set out in—
(i)
the national planning framework; and
(ii)
a plan.
(2)
A decision maker—
(a)
must not determine an affected application in the order that it is lodged; but
(b)
must instead determine affected applications together.
(3)
Subclause (1) is in addition to any other requirements, criteria, or other matters that a decision maker must consider or take into account under Part 6 of this Act when determining an affected application.
(4)
In this clause, decision maker means the consent authority, the Environment Court, or a board of inquiry, as the case may be.
Part 2 Fast-track consenting process
Subpart 1—Fast-track consenting process
Preliminary matters
12 Purpose of fast-track consenting process
The purpose of this Part is to provide an alternative consenting process (the fast-track consenting process) for—
(a)
applications for resource consents for an eligible activity:
(b)
notices of requirement for, or to alter, designations for an eligible activity.
13 Interpretation
In this Part, unless the context otherwise requires,—
authorised person has the meaning given in clause 20(1)
customary marine title area means a customary marine title area as defined in—
(a)
section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011; or
(b)
section 9 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
customary marine title group means—
(a)
a customary marine title group as defined in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011; or
(b)
a customary marine title hapū as defined in section 9 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
eligible activity has the meaning given by clause 14
land returned under a Treaty settlement includes land vested in or transferred to a Treaty settlement entity under a Treaty settlement
ngā rohe moana o Ngā Hapū o Ngāti Porou has the meaning given in section 11 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
notice of requirement means a notice of requirement for, or to alter, a designation
panel means an expert consenting panel that is appointed in accordance with, and that complies with,—
(a)
subpart 2 of this Part; and
(b)
in any other respects, regulations made under section 798
protected customary rights area means—
(a)
a protected customary rights area as defined in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011; or
(b)
an area in which a protected customary activity, as defined in section 9 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, is recognised under that Act
protected customary rights group means—
(a)
a protected customary rights group as defined in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011; or
(b)
a protected customary activity hapū as defined in section 9 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
referral application means an application under clause 17(1) to use the fast-track consenting process
Treaty settlement means—
(a)
a Treaty settlement Act; or
(b)
a Treaty settlement deed
Treaty settlement Act means—
(a)
an Act listed in Schedule 3 of the Treaty of Waitangi Act 1975; or
(b)
for the purposes of this Part only, the following:
Treaty settlement deed means a deed or other agreement that—
(a)
has been signed by or on behalf of a Minister of the Crown and representatives of a group of Māori; and
(b)
is in settlement of the claims of that group or in express anticipation, or on account, of that settlement; but
(c)
does not include an agreement in principle or any document that is preliminary to a signed and ratified deed
Treaty settlement entity means any of the following:
(a)
a post-settlement governance entity:
(b)
a board, trust, committee, authority, or other body, incorporated or unincorporated, that is recognised in or established under a Treaty settlement Act:
(c)
an entity or a person that is authorised to act for a natural resource with legal personhood:
(d)
a mandated iwi organisation (as defined in section 5(1) of the Maori Fisheries Act 2004):
(e)
an iwi aquaculture organisation (as defined in section 4 of the Maori Commercial Aquaculture Claims Settlement Act 2004)
usual consenting pathway means,—
(a)
for an application for a resource consent, the standard consenting process:
(b)
for a notice of requirement, the process set out in subpart 1 of Part 9.
14 Activities eligible for fast-track consenting process
In this subpart, eligible activity means any activity that is, or is ancillary to, 1 or more of the following:
Communications
(a)
a broadcasting facility:
(b)
a telecommunications network:
Energy
(c)
an electricity or gas distribution or an electricity transmission network:
(d)
a renewal of a consent for renewable energy generation (including hydro-electricity):
(e)
wind or solar energy generation:
Housing
(f)
a housing development:
Transport
(g)
an airport operated by an airport authority as defined in section 2(1) of the Airport Authorities Act 1966, including any airport-related navigation infrastructure:
(h)
a port operated by a port company (as defined in section 2(1) of the Port Companies Act 1988):
(i)
the New Zealand rail network (including light rail, local rail, and the inter-island ferry facilities):
(j)
the State highway network, local roads, or rapid transit services:
Water
(k)
flood control and protection, including drainage:
(l)
the distribution or treatment of water, wastewater, or stormwater:
Other central, local government, or private assets
(m)
corrections facilities (including rehabilitation and reintegration services):
(n)
defence facilities operated by the New Zealand Defence Force:
(o)
educational facilities:
(p)
fire and emergency services facilities:
(q)
health facilities.
15 Ineligible activities in customary marine title areas and protected customary rights areas
The fast-track consenting process must not be used for an activity that—
(a)
would occur in a customary marine title area or protected customary rights area; and
(b)
has not been agreed to in writing by the relevant customary marine title group or protected customary rights group.
16 Discretionary grounds for declining referral application
(1)
The following are grounds upon which the Minister may decline a referral application (even for an eligible activity) under clause 19:
(a)
the usual consenting pathway is more appropriate for the activity:
(b)
the activity may have significant adverse effects on the environment (which may include consideration of any emissions of greenhouse gases):
(c)
the applicant has previously breached any or all of the following:
(i)
this Act:
(ii)
regulations, including the national planning framework, made under a relevant empowering provision in this Act:
(iii)
any other legislation that relates to environmental matters (including the Resource Management Act 1991):
(d)
the activity—
(i)
would occur on land returned under a Treaty settlement; and
(ii)
has not been agreed to in writing by the relevant landowner:
(e)
the activity would be inconsistent with a Treaty settlement:
(f)
the activity would occur on land that the Minister for Treaty of Waitangi Negotiations considers is required for the settlement of any historical Treaty claim (as defined in section 2 of the Treaty of Waitangi Act 1975):
(g)
the activity is or is ancillary to a housing development that does not meet the criteria set out in subclause (3).
(2)
In deciding whether subclause (1)(a) applies, the Minister may (without limitation) have regard to the extent to which the fast-track consenting pathway is likely to be faster than the usual consenting pathway.
(3)
The criteria referred to in subclause (1)(g) are that the housing development would—
(a)
support the well-functioning urban area outcomes set out in section 6(9); and
(b)
contribute significantly to addressing the demand or need for housing in a region, including the demand or need for a particular scale or type of housing (for example, affordable housing); and
(c)
be located—
(i)
in an urban area defined in a regional spatial strategy or a plan; or
(ii)
on Māori land.
Referral application made to EPA and decided by Minister
17 Referral application made to EPA to use fast-track consenting process
Applicant makes referral application to EPA
(1)
A person must apply to the EPA if they wish to use the fast-track consenting process for an eligible activity.
(2)
The referral application must—
(a)
describe the activity and explain why it is an eligible activity; and
(b)
if the activity is or is ancillary to a housing development, describe the extent to which the development meets the criteria set out in clause 16(3); and
(c)
provide reasons why the fast-track consenting process is more appropriate than the usual consenting pathway for the activity.
(3)
The referral application must also include the following information unless, and to the extent that, other requirements are specified in regulations made under section 798:
(a)
a description of any activities that are ancillary to the activity that is the subject of the referral application:
(b)
the approximate geographical location of the activity (which may be included in the form of a map):
(c)
a statement of whether the activity is planned to proceed in stages and, if so, an outline of the nature and timing of the staging:
(d)
a description of the anticipated and known adverse effects of the activity on the environment:
(e)
a list of the persons who the applicant considers are likely to be affected by the activity, including relevant local authorities, relevant iwi authorities, and relevant Treaty settlement entities:
(f)
a summary of any consultation already undertaken on the activity with those persons:
(g)
a list of any Treaty settlements that apply to the geographical location of the activity, and a summary of the relevant principles and provisions in those settlements:
(h)
an outline of the types of resource consents and any designations, or changes to designations, that the applicant considers are needed to authorise the activity, including any that the applicant considers may be needed by someone other than the applicant:
(i)
a description of other legal authorisations (other than contractual) that the applicant considers may be required to commence the activity (for example, authorities under the Heritage New Zealand Pouhere Taonga Act 2014 or concessions under the Conservation Act 1987):
(j)
a summary of compliance or enforcement actions (if any) taken against the applicant by a local authority or the EPA under this Act or the Resource Management Act 1991, and the outcome of those actions.
(4)
The referral application—
(a)
must include the information specified in subclauses (2) and (3); but
(b)
need only provide a general level of detail, sufficient to inform the Minister’s decision on the referral application, as opposed to the level of detail that a panel would require to be provided in a resource consent application or notice of requirement.
(5)
The referral application must be made in the approved form.
(6)
The EPA must approve an application form for the purpose of this clause and ensure that it is made available on an Internet site maintained by or on behalf of the EPA.
EPA decides whether referral application is complete
(7)
The EPA must decide whether the referral application is complete within 10 working days after receiving it.
(8)
If the EPA decides that the referral application is complete, the EPA must provide the application to the Minister.
(9)
If the EPA decides that the referral application is incomplete, the EPA must immediately return the application to the applicant, with written reasons for returning it.
(10)
In this clause and clause 18, complete, in relation to a referral application, means that the application—
(a)
complies with subclauses (4) and (5) of this clause; and
(b)
describes an activity that the EPA considers is an eligible activity based on the description and explanation set out in the application.
18 Process after Minister receives referral application from EPA
(1)
This clause applies after the Minister receives a complete referral application from the EPA.
Invitations for written comments and requests for further information
(2)
The Minister must copy the referral application to, and invite written comments from,—
(a)
the relevant local authorities; and
(b)
the Ministers of the Crown responsible for any relevant portfolios:
(c)
any person required by regulations made under section 798.
(3)
The Minister may also copy the referral application to, and invite written comments from, any other person.
(4)
Anyone who is invited to provide written comments has 10 working days from the receipt of the copy of the referral application to do so.
(5)
The Minister may request further information about the referral application from the applicant or the relevant local authorities, to be provided within the time frame specified in the request.
(6)
The Minister is not required to consider any comments or further information provided after the applicable time frame under subclause (4) or (5), but may do so, in the Minister’s discretion, as long as the Minister has not already decided whether to accept the referral application.
EPA’s report
(7)
The Minister must obtain and consider a report on the referral application that—
(a)
is prepared by the EPA; and
(b)
identifies the following things:
(i)
the relevant iwi authorities and relevant Treaty settlement entities:
(ii)
the Treaty settlements that relate to the proposed area of the activity:
(iii)
the relevant principles and provisions in those Treaty settlements, including those that relate to the composition of a decision-making body for the purposes of this Act:
(iv)
any recognised negotiation mandates for, or current negotiations for, Treaty settlements that relate to the proposed area of the activity:
(v)
any customary marine title area or protected customary rights area in the proposed area of the activity; and
(vi)
any part of the proposed area of the activity that is within ngā rohe moana o Ngā Hapū o Ngāti Porou; and
(vii)
if a part of that area is within ngā rohe moana o Ngā Hapū o Ngāti Porou, the relevant provisions of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, including those that relate to decisions about resource consents; and
(c)
sets out—
(i)
a summary of any comments received by the Minister; and
(ii)
a summary of any further information received by the Minister; and
(iii)
the EPA’s advice on whether the referral application should be accepted.
19 Minister’s decision on referral application
(1)
The Minister must decide whether to accept a referral application, and the decision may differ from the EPA’s advice under clause 18(7)(c) on whether the application should be accepted.
(2)
However, if the referral application relates to an activity within a coastal marine area, the decision must be made jointly with the Minister of Conservation (together, the Minister).
(3)
Before deciding on the referral application, the Minister must consider—
(a)
the EPA’s advice on whether the application should be accepted; and
(b)
all comments, reports, and information obtained under clause 18.
(4)
The Minister—
(a)
must decline a referral application if the Minister considers that—
(i)
the activity is not an eligible activity; or
(ii)
there is insufficient information to decide whether the activity is an eligible activity:
(b)
may, at the Minister’s discretion, decline a referral application—
(i)
if the Minister considers that any of the grounds set out in clause 16 apply; or
(ii)
for any other relevant reason.
(5)
The Minister may accept a referral application in whole or in part.
(6)
If the Minister accepts a referral application in part, the Minister may defer decisions on other parts of the referral application so that resource consent applications or notices of requirement for the initial stages of the activity may be lodged while decisions on other parts of the referral application are made.
20 Minister may specify matters for accepted referral application
(1)
If the Minister accepts all or part of a referral application, the Minister may specify any or all of the following:
(a)
the persons who are authorised to lodge resource consent applications or notices of requirement for all or part of the activity (the authorised persons):
(b)
restrictions that apply to the activity (for example, on its geographical location, duration, or the aspects of the activity that may be carried out):
(c)
information that must be submitted to the panel with the applications or notices (in addition to the information required under clause 22(2)):
(d)
persons or groups from whom the panel must invite submissions (in addition to those who must be invited to provide submissions under clause 26(2)(a)(i)):
(e)
time frames for the panel to process the applications or notices, which may differ from the time frames that would otherwise apply to the panel under this Part.
(2)
The Minister may also set a deadline by which the authorised persons must lodge the applications or notices.
21 Notice of Minister’s decision on referral application
(1)
The EPA must give notice of a decision made by the Minister on a referral application, and the reasons for it, to—
(a)
the applicant; and
(b)
anyone invited to comment on the application under clause 18.
(2)
If the decision is to accept all or part of a referral application, the EPA must also give notice to—
(a)
the authorised persons (other than the applicant); and
(b)
the Chief Environment Court Judge; and
(c)
the relevant iwi authorities and Treaty settlement entities identified in the report obtained under clause 18(7); and
(d)
any other iwi authorities or Treaty settlement entities that the Minister considers have an interest in the matter; and
(e)
any group that is a party to a joint management agreement or Mana Whakahono ā Rohe that relates to the area of the activity.
(3)
If the decision is to accept all or part of a referral application, the notice must—
(a)
describe the application and state that it has been accepted; and
(b)
state the Minister’s reasons for accepting the application; and
(c)
set out the matters specified by the Minister under clause 20(1); and
(d)
specify the deadline for lodging a resource consent application or notice of requirement for all or part of the activity, which must be—
(i)
the deadline set under clause 20(2); or
(ii)
if no deadline is set, the date that is 2 years after the notice is given to the applicant.
Resource consent application or notice of requirement lodged with EPA
22 If Minister accepts referral application, resource consent application or notice of requirement may be lodged with EPA
(1)
If an authorised person wishes to lodge a resource consent application or notice of requirement for all or part of an activity, they must lodge it—
(a)
with the EPA; and
(b)
before the deadline specified under clause 21(3)(d).
(2)
The authorised person must also lodge the application or notice in the approved form and in compliance with—
(a)
any matters specified by the Minister under clause 20(1)(a) and (c); and
(b)
any regulations made under section 798; and
(c)
except as modified by those regulations,—
(i)
section 239, if the authorised person is lodging a resource consent application; or
(ii)
sections 517 to 520, if the authorised person is lodging a notice of requirement.
(3)
The EPA must approve a form for the purposes of this clause and ensure that it is made available on an Internet site maintained by or on behalf of the EPA.
23 If resource consent application or notice of requirement lodged, EPA confirms matters
(1)
This clause applies if an authorised person lodges a resource consent application or notice of requirement before the applicable deadline specified under clause 21(3)(d).
(2)
The EPA must confirm whether the following matters are satisfied:
(a)
the application or notice is complete (meaning that it complies with clause 22(2) or meets alternative requirements prescribed by regulations made under section 798); and
(b)
there is no relevant resource consent application or notice of requirement still being processed under the usual consenting pathway.
(3)
The EPA may request further information for the purpose of confirming the matters.
(4)
The time frame for confirming the matters is—
(a)
within 10 working days after the application or notice is lodged with the EPA; or
(b)
if the EPA requests further information, any longer period specified by the EPA in its request.
(5)
If the EPA cannot confirm the matters within the time frame, the EPA must immediately return the application or notice to the authorised person who lodged it, with written reasons for returning it.
(6)
If the EPA returns a notice of requirement, the requirement is treated as cancelled.
(7)
If either a resource consent application or notice of requirement is returned by the EPA and lodged again, it must be treated as a new application or notice.
24 If matters confirmed, EPA refers resource consent application or notice of requirement to panel
(1)
This clause applies if the EPA confirms the matters about a resource consent application or notice of requirement under clause 23(2).
(2)
As soon as practicable after confirming the matters, the EPA must refer the application or notice to a panel for decision by providing the panel with the application or notice and all relevant information.
(3)
The relevant information is the information received by the EPA that relates to the subject of the application or notice, including—
(a)
the referral application; and
(b)
the report obtained under clause 18(7); and
(c)
any comments received under clause 18.
25 Certificate of compliance may be requested
(1)
An authorised person who has lodged a resource consent application or notice of requirement may request a certificate of compliance by lodging the request with the EPA, but only if the request is made at the same time as, and as part of, the application or notice.
(2)
A panel must consider the request and may issue a certificate of compliance by applying section 354 with the necessary modifications.
(3)
Nothing in this subpart prevents an authorised person from requesting a certificate of compliance from a local authority under this Act in relation to any activity to which this subpart applies.
Panel invites submissions, etc, on resource consent application or notice of requirement
26 Panel invites submissions on resource consent application or notice of requirement
(1)
A panel must not give public or limited notification of a resource consent application or notice of requirement that has been referred to it.
(2)
Instead, the panel, no later than 20 working days after the application or notice is referred,—
(a)
must invite submissions from—
(i)
the relevant persons or groups, except as modified by any regulations made under section 798; and
(ii)
the persons or groups specified by the Minister under clause 20(1)(d); and
(b)
may invite submissions from any other person or group—
(i)
who the panel considers represents a relevant aspect of the public interest:
(ii)
to whom the panel considers the activity is relevant, after taking into account—
(A)
the purpose of notification set out in section 264; and
(B)
any affected persons identified in a plan.
(3)
The relevant persons or groups (for an application for a resource consent) are as follows:
(a)
the relevant local authorities:
(b)
the relevant iwi authorities, including those identified in the report obtained under clause 18(7):
(c)
a Treaty settlement entity relevant to the proposed activity, including—
(i)
an entity that has an interest under a Treaty settlement in an area where the activity is to occur; and
(ii)
an entity identified in the report obtained under clause 18(7):
(d)
if the application or notice relates to an activity—
(i)
in a customary marine title area or protected customary rights area, the relevant customary marine title group or protected customary rights group:
(ii)
in an area in which an applicant group (as defined in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011) is seeking recognition of customary marine title or protected customary rights, the applicant group:
(iii)
in ngā rohe moana o ngā hapū o Ngāti Porou, ngā hapū o Ngāti Porou:
(e)
the owners of the land on which the activity is to be undertaken and the land adjacent to that land:
(f)
the occupiers of the land on which the activity is to be undertaken and the land adjacent to that land unless, after reasonable inquiry, an occupier cannot be identified:
(g)
Ministers of the Crown responsible for any portfolios affected by the activity:
(h)
the Director-General of Conservation:
(i)
any requiring authority that has a designation on land on which the activity is to be undertaken, or on land that is adjacent to that land.
(4)
If the panel is inviting submissions on a notice of requirement, the relevant persons or groups also includes the following to the extent that they are different from the persons referred to in subclause (3)(e) and (f):
(a)
the owners of land within or adjacent to the boundary of the notice of requirement:
(b)
the occupiers of land within or adjacent to the boundary of the notice of requirement unless, after reasonable inquiry, an occupier cannot be identified.
27 Closing date for, and other matters relating to, submissions
(1)
The closing date for submissions on a resource consent application or notice of requirement that is referred to a panel is the 20th working day after the date on which submissions are invited.
(2)
Sections 272 to 276 apply in relation to submissions on the application or notice with all necessary modifications, including that—
(a)
those sections are subject to clause 26 and subclause (1) of this clause:
(b)
a reference to a consent authority must be read as a reference to a panel:
(c)
if the panel is considering a notice of requirement, the modifications set out in section 522(4) also apply.
28 Panel must decide whether hearing is appropriate
(1)
A panel—
(a)
must consider whether it is appropriate to hold a hearing on a resource consent application or notice of requirement that has been referred to it; and
(b)
may require evidence to be provided from submitters or the authorised person who lodged the application or notice before the start of the hearing (if any).
(2)
There is no requirement for a panel to hold a hearing in respect of the application or notice and no person has a right to be heard by a panel.
29 Procedure if hearing held
(1)
The hearing of a resource consent application or notice of requirement by a panel must be in accordance with clauses 78 to 80, 83, and 86 to 93 of Schedule 6 but is subject to subclause (2).
(2)
If a hearing is held, the panel must—
(a)
avoid unnecessary formality; and
(b)
recognise tikanga Māori where appropriate; and
(c)
receive evidence, written or spoken, in Māori (and Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 applies accordingly); and
(d)
not permit any person other than the chairperson or members of the panel to question a party or witness; but
(e)
if the chairperson of the panel gives leave, permit cross-examination.
30 Panel may request further information
(1)
At any time before a panel issues its decision on a resource consent application or notice of requirement, the panel may direct the EPA—
(a)
to request further information on a proposal from any of the following:
(i)
the authorised person who lodged the application or notice:
(ii)
a relevant local authority:
(iii)
any person or group invited to provide submissions under clause 26:
(b)
to prepare or commission a report (including a report from a relevant local authority) on an issue relevant to the application or notice.
(2)
If further information is requested under subclause (1)(a), the person or group requested to provide the information must—
(a)
provide electronic copies of the information or report requested; or
(b)
advise the EPA, with reasons, that it declines to provide the information or report requested.
(3)
Subclause (2) must be complied with by the date directed by the panel, which must be no later than 10 working days after the direction is given.
(4)
As soon as is reasonably practicable after the date on which any information or report referred to in subclause (1) is received or prepared by the EPA, the EPA must provide electronic copies of the information or report to—
(a)
the panel; and
(b)
the authorised person who lodged the resource consent application or notice of requirement; and
(c)
every person who or group that provided submissions under clause 26.
31 Process may be suspended
Direction by Minister
(1)
The Minister may, at any time after a resource consent application or notice of requirement has been referred to the panel, give a written direction with reasons to the EPA that the panel must suspend processing the application or notice.
(2)
The Minister may withdraw the direction in the same manner in which it was made.
(3)
If the Minister withdraws a direction, the panel must resume processing the application or notice from the date on which the direction is withdrawn.
Request by authorised person
(4)
An authorised person who has lodged a resource consent application or notice of requirement may make a written request to the EPA that the panel suspend processing the application or notice.
(5)
The request must be dealt with and decided in accordance with regulations made under section 798.
32 Withdrawal of resource consent application or notice of requirement
(1)
An authorised person who has lodged a resource consent application or notice of requirement may withdraw the application or notice by written notice to—
(a)
the EPA; and
(b)
if submissions on the application or notice have been invited under clause 26, the persons or groups who have been invited to provide submissions.
(2)
The authorised person may withdraw the application or notice at any time before the panel issues its decision on the application or notice.
(3)
The EPA must advise the panel that the application or notice has been withdrawn as soon as practicable after receiving notice under subclause (1)(a).
(4)
If an authorised person withdraws a notice of requirement, the requirement is treated as cancelled.
Panel considers and decides resource consent application or notice of requirement
33 Panel considers resource consent application or notice of requirement
(1)
A panel must consider—
(a)
a resource consent application in accordance with sections 286 to 292 and 352:
(b)
a notice of requirement in accordance with section 527(1) to (3).
(2)
The sections referred to in this clause apply with all necessary modifications, including that—
(a)
a reference to a consent authority must be read as a reference to a panel, if the panel is consideration a resource consent application:
(b)
a reference to a territorial authority must be read as a reference to a panel, if the panel is considering a notice of requirement.
34 Conditions on resource consent or requirement
(1)
Sections 294 to 300, 590, 620 to 623, and 625 apply to the imposition of, and other matters relating to, conditions on a resource consent that is granted by a panel.
(2)
Section 527(8) applies to the imposition of conditions on a requirement that is confirmed by a panel.
(3)
The sections referred to in this clause apply with all necessary modifications, including that—
(a)
a reference to a consent authority must be read as a reference to a panel, if the panel is consideration a resource consent application:
(b)
a reference to a territorial authority must be read as a reference to a panel, if the panel is considering a notice of requirement.
35 Duration of resource consent
Sections 326, 335, and 336 apply for the purposes of determining the duration of a resource consent granted by a panel.
36 Panel makes final decision
(1)
As soon as practicable after a panel has completed its consideration of a resource consent application or notice of requirement, the panel must—
(a)
make its final decision; and
(b)
produce a written report of that decision (the decision).
(2)
In its decision, the panel may do the following, as it thinks fit (but subject to clauses 33 and 34):
(a)
for an application for a resource consent,—
(i)
grant the resource consent, with or without conditions; or
(ii)
decline to grant the resource consent:
(b)
for a notice of requirement,—
(i)
cancel the requirement; or
(ii)
confirm the requirement, with or without modifications or conditions.
(3)
The panel must issue its final decision,—
(a)
if no hearing is held, no later than 60 working days after the closing date for submissions; or
(b)
if a hearing is held, no later than 90 working days after the closing date for submissions.
(4)
However, the panel may, if regulations made under section 798 allow for an extension, extend the period for issuing its final decision in accordance with any prescribed requirements.
Contents of written report of decision
(5)
The written report of the decision must—
(a)
state the decision made by the panel; and
(b)
state the panel’s reasons for its decision; and
(c)
include a statement of the principal issues that were in contention; and
(d)
include the main findings of the panel on those issues.
(6)
The decision must also specify the date on which a resource consent or designation lapses unless it is given effect to by the specified date.
(7)
The date specified under subclause (6) must not be later than 2 years—
(a)
from the date of commencement, in the case of a resource consent; or
(b)
from the date on which a designation is included in a plan.
(8)
However, if the panel considers it appropriate in the circumstances, the date specified under subclause (6) may be up to (and including) 5 years from the date on which the resource consent commences or the designation is included in a plan.
(9)
A resource consent granted under this subpart commences on the first working day after the date on which—
(a)
all appeal rights under this Act have been exhausted or have expired; or
(b)
all appeals under this Act are determined.
37 Notice of decision
(1)
The EPA must give notice of a panel’s decision on a resource consent application or notice of requirement to—
(a)
the authorised person who lodged the application or notice; and
(b)
if different from that authorised person, the person who made the related referral application; and
(c)
any person or group invited to make submissions under clause 26; and
(d)
the relevant local authorities; and
(e)
any other persons the panel considers appropriate.
(2)
The notice must include advice on when an appeal may be lodged in relation to the decision.
(3)
The EPA must publish the decision on an Internet site that is maintained by or on behalf of the EPA and accessible by the public free of charge.
38 Panel may issue decision in parts
(1)
A panel may issue its decision on a resource consent application or notice of requirement in parts so that earlier stages of the activity may begin while the panel decides aspects of the application or notice that relate to later stages of the activity.
(2)
Subclause (1) does not provide an exception to the time frames that apply under clause 36.
39 Panel may make minor corrections
(1)
At any time during its term of appointment, a panel may issue an amendment to a decision of the panel correcting minor omissions, errors, or other defects in a decision of the panel.
(2)
A panel may, within 20 working days after granting a resource consent, issue an amended consent that corrects minor mistakes or defects in the consent.
(3)
A panel may correct a requirement for a designation before the earlier of the following:
(a)
the day on which the territorial authority includes the designation in its plan under clause 40; and
(b)
the day that is 40 working days after the day on which any appeals relating to the requirement have been determined or all rights of appeal under this Act have been exhausted or have expired.
Effect of panel’s decision
40 Designations to be included in plans
(1)
This clause applies as soon as is reasonably practicable—
(a)
after a panel deciding a notice of requirement confirms a designation (with or without modification); and
(b)
any right of appeal under clause 42 is exhausted or has expired.
(2)
As soon as practicable after any right of appeal is exhausted or has expired, the territorial authority must, without using Schedule 6,—
(a)
include the designation in its plan and any proposed plan, as if it were a rule in the plan or proposed plan; and
(b)
state in the plan and any proposed plan the name of the requiring authority that has the benefit of the designation.
41 Effect of resource consents granted or designations confirmed
(1)
This clause applies to—
(a)
a resource consent that is granted by a panel; and
(b)
a designation that is confirmed by a panel and included in a plan.
(2)
The resource consent or designation has effect, and the relevant consent authority has all the functions, powers, and duties in relation to it, as if it were granted or confirmed by that authority.
Appeals
42 Appeal rights
(1)
Any of the following persons may appeal to the High Court against the whole or a part of a panel’s final decision made under clause 36, but only on a question of law:
(a)
the authorised person who lodged the resource consent application or notice of requirement that was the subject of the decision:
(b)
any relevant local authority:
(c)
the regional planning committee:
(d)
the Attorney-General:
(e)
any person or group that provided submissions in response to an invitation given under clause 26:
(f)
any person who has an interest in the decision appealed against that is greater than that of the general public.
(2)
Clauses 80 to 87 of Schedule 13 apply to the appeal subject to the following:
(a)
every reference to the Environment Court in those clauses must be read as a reference to the panel; and
(b)
those clauses must be read with any other necessary modifications; and
(c)
the High Court Rules 2016 apply if a procedural matter is not dealt with in those clauses.
(3)
No appeal may be made to the Court of Appeal from a determination of the High Court under this clause.
(4)
However, a party may apply to the Supreme Court for leave to bring an appeal to that court against a determination of the High Court and, for that purpose, sections 73 to 76 of the Senior Courts Act 2016 apply with any necessary modifications.
(5)
If the Supreme Court refuses to give leave for an appeal (on the ground that exceptional circumstances have not been established under section 75 of the Senior Courts Act 2016) but considers that a further appeal from the determination of the High Court is justified, the court may remit the proposed appeal to the Court of Appeal.
(6)
No appeal may be made from any appeal determined by the Court of Appeal in accordance with subclause (5).
(7)
Despite any enactment to the contrary,—
(a)
an application for leave for the purposes of subclause (4) must be filed no later than 10 working days after the determination of the High Court; and
(b)
the Supreme Court or the Court of Appeal, as the case may be, must determine an application for leave, or an appeal, to which this clause applies as a matter of priority and urgency.
Administrative matters relating to EPA
43 EPA power to make administrative decisions
The EPA may make administrative decisions that are incidental or ancillary to the exercise or performance of powers, functions, or duties under this Part by the Minister, a panel, or the Chief Environment Court Judge.
44 EPA duties to publish matters
(1)
The EPA must publish every written notice or other document that this Part requires to be—
(a)
received by the EPA or a panel from any person; or
(b)
sent by the EPA or a panel to any person (including the report prepared by the EPA under clause 18(7)).
(2)
The EPA must publish the notice or other document on an Internet site that is maintained by or on behalf of the EPA and can be accessed by the public free of charge.
(3)
The EPA may delete or omit information from the published version of a notice or other document if the EPA is satisfied that the information could be withheld under the Official Information Act 1982 or the Privacy Act 2020.
Subpart 2—Expert consenting panels
45 Purpose of expert consenting panels
(1)
The purpose of an expert consenting panel appointed under this schedule is to make decisions on resource consent applications and notices of requirement that are referred to the panel under subpart 1 of this Part.
(2)
A panel must decide the applications or notices in accordance with the provisions of this Act.
46 Membership of panels
(1)
The Chief Environment Court Judge must appoint the members of a panel.
(2)
Up to 4 persons may be appointed to be members of a panel.
(3)
The membership of a panel must include—
(a)
1 person nominated by the relevant local authorities; and
(b)
1 person nominated by the relevant regional planning committee; and
(c)
1 person nominated by the relevant iwi authorities.
(4)
The person nominated by a local authority may, but need not, be an elected member of the local authority.
(5)
If the relevant local authorities, the relevant regional planning committee, or the relevant iwi authorities nominate more than 1 person for appointment as a panel member, the Chief Environment Court Judge must decide which one of those nominees is to be appointed as a panel member.
(6)
If the relevant local authorities, the relevant regional planning committee, or the relevant iwi authorities do not make a nomination within 10 working days after being requested to do so, the Chief Environment Court Judge may appoint a person with the appropriate skills and experience to be a member of the panel.
(7)
Despite the limit specified on the membership by subclause (2), that number may be exceeded (including by the appointment of more than 1 person nominated under subclause (3)(a), (b), or (c)), at the discretion of the Chief Environment Court Judge, if warranted by, or required to accommodate,—
(a)
the circumstances unique to a particular district or region; or
(b)
the number of resource consent applications or notices of requirement that have to be considered in that particular district or region; or
(c)
the nature and scale of the resource consent applications or notices of requirement under consideration; or
(d)
matters unique to any relevant Treaty settlement Act; or
(e)
the collective knowledge and experience needed under clause 48.
(8)
This clause is subject to clause 48.
47 Chairperson and quorum of panel
(1)
The Chief Environment Court Judge must appoint a Judge or retired Judge, as one of the members appointed under clause 46, to be the chairperson of a panel.
(2)
However, the Chief Environment Court Judge may act as the chairperson of a panel instead of appointing another person as chairperson of the panel.
(3)
Despite subclauses (1) and (2), the Chief Environment Court Judge may, if the circumstances require it, appoint a suitably qualified lawyer with experience in resource management law to be the chairperson of a panel.
(4)
In the event of an equality of votes, the chairperson of the panel has a casting vote.
(5)
A panel has a quorum of 3 members.
48 Skills and experience of members of panel
(1)
The members of a panel must, collectively, have—
(a)
the knowledge, skills, and expertise relevant to resource management issues; and
(b)
the technical expertise relevant to the activity that is being considered; and
(c)
an understanding of te Tiriti o Waitangi and its principles, tikanga Māori, and mātauranga Māori.
(2)
A person must, in order to be eligible for appointment as a panel member, be accredited.
(3)
However, the Chief Environment Court Judge may at their discretion appoint as a panel member a person who is not accredited if the person satisfies the requirements of subclause (1)(a), (b), or (c).
49 Remuneration of panel members
(1)
The members of a panel are entitled—
(a)
to receive remuneration not within paragraph (b) for services as panel members at a rate and of a kind determined by the Minister in accordance with the fees framework, unless they are the Chief Environment Court Judge or another Judge; and
(b)
in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out their office as a panel member, as if they were members of a statutory board for the purposes of the Fees and Travelling Allowances Act 1951.
(2)
In this clause, fees framework means the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies in which the Crown has an interest.
50 Support and advice available to panels
(1)
The EPA must provide advice and secretariat support—
(a)
to the Chief Environment Court Judge to appoint the chairperson and members of a panel and carry out the other functions in relation to panels under this Act; and
(b)
to a panel in its role of deciding any matters before it under this Act.
(2)
A relevant local authority must assist the panel by providing advice within the knowledge of the authority, if requested by the panel.
51 Liability of Chief Environment Court Judge and members
(1)
The members appointed to a panel are not liable for anything that they do or omit to do in good faith in performing or exercising the functions, duties, or powers of the panel.
(2)
Any other legislation that limits the liability of the Chief Environment Court Judge when acting judicially is extended to the Chief Environment Court Judge when appointing the chairperson and members of a panel, acting as a chairperson of a panel, or carrying out the other functions in relation to panels under this Act.
(3)
Any other legislation that limits the liability of another Judge when acting judicially is extended to the Judge when acting as a chairperson of a panel.
52 Removal and resignation of panel members
(1)
The Chief Environment Court Judge may remove any person appointed to a panel under this subpart for just cause.
(2)
The person may be removed with as little formality and technicality, and as much expedition, as is permitted by—
(a)
the principles of natural justice; and
(b)
a proper consideration of the matter.
(3)
In this clause, just cause includes misconduct, inability to perform the functions of office, neglect of duty, and breach of duty (depending on the seriousness of the breach).
(4)
A member of a panel may resign at any time as a member by notice in writing to the Chief Environment Court Judge.
53 Application of Local Government Official Information and Meetings Act 1987
The Local Government Official Information and Meetings Act 1987 applies, with any necessary modifications, to a panel as if it were a board of inquiry given authority to conduct a hearing under clause 75.
Part 3 Proposal of national significance
54 Interpretation of terms in this Part and Parts 4 and 5
In this Part and Parts 4 and 5 of this schedule, unless the context otherwise requires,—
applicant means—
(a)
the person who lodged the application, for a matter that is an application for—
(i)
a resource consent; or
(ii)
a change to or cancellation of the conditions of a resource consent:
(b)
the requiring authority that lodged the notice of requirement, for a matter that is a notice of requirement for a designation or to alter a designation:
(c)
the regional planning committee, for a matter that is—
(i)
a proposed change to its plan; or
(ii)
a variation to a proposed plan
call in a matter means to make a direction under clause 55(2)
local authority means—
(a)
the consent authority that would process an application lodged under section 239 or 334 or, if an application is lodged with the EPA, the consent authority that would have been responsible for processing the application if it had been lodged under section 239 or 334, for a matter that is an application for a resource consent or for a change to or cancellation of the conditions of a resource consent:
(b)
the territorial authority responsible for dealing with a notice of requirement under Part 9 of the Act, or if a notice of requirement is lodged with the EPA, the territorial authority that would have been responsible for dealing with the notice if had been given under Part 9 for a matter that is a notice of requirement
matter means—
(a)
an application for a resource consent; or
(b)
an application for a change to or cancellation of the conditions of a resource consent; or
(c)
a proposed plan change, or part of a proposed plan change; or
(d)
a variation to a proposed plan or part of a variation to a proposed plan; or
(e)
a notice of requirement for a designation; or
(f)
a notice of requirement to alter a designation; or
(g)
a combination of any 2 or more matters described in paragraphs (c) to (f)
regional planning committee means the regional planning committee responsible for the plan or proposed plan for a matter that is a proposed plan change or a variation to a proposed plan change.
Compare: 1991 No 69 s 141
Matter lodged with local authority
55 Minister may call in matter that is or is part of proposal of national significance
(1)
This clause applies if a matter has been lodged with a local authority or a regional planning committee, or, in the case of a proposed plan change or variation, progressed by a regional planning committee, and—
(a)
the Minister, at their own initiative, decides to apply this clause; or
(b)
the Minister receives a request from an applicant or a local authority or regional planning committee to make a direction on the matter under subclause (2).
(2)
If the Minister considers that a matter is or is part of a proposal of national significance, the Minister may call in the matter by making a direction to—
(a)
refer the matter to a board of inquiry for decision; or
(b)
refer the matter to the Environment Court for decision.
(3)
In deciding whether a matter is, or is part of, a proposal of national significance and whether to invoke this Part, the Minister must have regard to—
(a)
whether the matter gives effect to the national planning framework:
(b)
the nature, scale, and significance of the proposal:
(c)
its potential to contribute to achieving framework outcomes for the environment and well-being:
(d)
whether there is evidence of widespread public concern or interest regarding its actual or potential effects on the environment:
(e)
whether it has the potential for significant or irreversible effects on the environment:
(f)
whether it affects the natural and built environments in more than 1 region:
(g)
whether it relates to a network utility operation affecting more than 1 district or region:
(h)
whether it affects or is likely to affect a structure, feature, place, or area of national significance, including in the coastal marine area:
(i)
whether it involves technology, processes, or methods that are new to New Zealand and may affect the environment:
(j)
whether it would assist in fulfilling New Zealand’s international obligations in relation to the global environment:
(k)
whether by reason of complexity or otherwise it is more appropriately dealt with under this Part rather than by the normal processes under this Act:
(l)
any other relevant matter.
(4)
In deciding whether to make a direction under subclause (2), the Minister must have regard to—
(a)
the views of the applicant and the local authority or regional planning committee; and
(b)
the capacity of the local authority or the regional planning committee to process the matter; and
(c)
the recommendations of the EPA.
(5)
To avoid doubt, the Minister may make a direction under subclause (2) that differs from the direction recommended by the EPA under clause 59.
(6)
The Minister must not make a direction under subclause (2)(b) if clause 68(2)(a) or (b) applies (which relates to public notification).
Compare: 1991 No 69 s 142(1)–(4), (7), (8)
56 Requirements about call in direction
(1)
A direction to call in a matter made under clause 55(2) must—
(a)
be in writing and be signed by the Minister; and
(b)
state the Minister’s reasons for making the direction.
(2)
If a local authority, a regional planning committee, or an applicant requests the Minister to call in a matter (by making a direction under clause 55(2)) and the Minister decides not to do so, the EPA must give notice of the Minister’s decision to the local authority, regional planning committee, and applicant.
(3)
When requesting the Minister to call in a matter (by making a direction under clause 55(2)), a local authority, a regional planning committee, or an applicant must at the same time serve the other party (the local authority, regional planning committee, or the applicant, as the case may be) with notice of the request.
Compare: 1991 No 69 s 142(5)–(6A)
57 Restriction on when regional planning committee may request call in
A regional planning committee may not make a request to the Minister in respect of either of the following matters unless it has complied with all of the requirements of Schedule 6 that apply to the relevant plan change process, up to and including clause 34 of that schedule:
(a)
a proposed plan change:
(b)
a variation to a proposed plan change.
Compare: 1991 No 69 s 143
58 Restriction on when Minister may call in matter
(1)
The Minister must not call in a matter (by making a direction under clause 55(2))—
(a)
later than 5 working days before the date fixed for the commencement of the hearing, if the local authority or regional planning committee has notified the matter; or
(b)
after the local authority or regional planning committee gives notice of its decision or recommendation on the matter, if the local authority or committee has decided not to notify the matter.
(2)
If the matter is a proposed plan change or a variation to a proposed plan change under Schedule 6, the Minister must not call in the matter until the proposed plan change or variation has been notified in accordance with that schedule.
Compare: 1991 No 69 s 144
59 EPA to advise and make recommendations to Minister in relation to call in
(1)
The Minister may request the EPA to advise the Minister on whether a matter is, or is part of, a proposal of national significance.
(2)
Clause 55(3) applies to the EPA as if the reference to the Minister were a reference to the EPA.
(3)
The EPA must provide advice under subclause (1) no later than 20 working days after receiving the Minister’s request.
(4)
The EPA’s advice must include its recommendation that the Minister—
(a)
call in the matter and make a direction to refer it to a board of inquiry for a decision; or
(b)
call in the matter and make a direction to refer it to the Environment Court for a decision; or
(c)
not call in the matter.
(5)
The EPA must serve a copy of its recommendation on the applicant, local authority, and regional planning committee.
(6)
The 20-working-day time frame specified in subclause (3) applies subject to clause 65(5) and (6).
Compare: 1991 No 69 s 144A
Matter lodged with EPA
60 Matter lodged with EPA
(1)
A person may lodge any of the following with the EPA:
(a)
an application for a resource consent:
(b)
an application for a change to or cancellation of the conditions of a resource consent.
(2)
A requiring authority may lodge any of the following with the EPA:
(a)
a notice of requirement for a designation:
(b)
a notice of requirement to alter a designation.
(3)
A matter may not be lodged with the EPA under this clause if—
(a)
the same matter has been lodged with a local authority or the regional planning committee; and
(b)
the applicant, the regional planning committee, or the local authority has requested that the Minister call in the matter.
(4)
A person who lodges a matter with the EPA under subclauses (1) to (3) must serve the local authority with notice of the matter and of its lodging with the EPA under this clause.
Compare: 1991 No 69 s 145(1)–(4), (10), (11)
61 Application of other provisions
(1)
This clause applies to matters lodged with the EPA under clause 60.
(2)
If the matter is an application for a resource consent, section 239 applies, except that—
(a)
every reference in that section to a consent authority must be read as a reference to the EPA; and
(b)
the applicant has no right of objection under section 239(7) if the EPA determines that the application is incomplete under section 240.
(3)
If the matter is an application for a change to or cancellation of the conditions of a resource consent,—
(a)
section 334 applies, except that every reference in that section to a consent authority must be read as a reference to the EPA; and
(b)
section 239 applies, except that—
(i)
the application must be treated as if it were an application for a resource consent for a discretionary activity; and
(ii)
every reference in that section to a consent authority, a resource consent, and the effects of the activity must be read as a reference to the EPA, the change or cancellation of the conditions, and the effects of the change or cancellation, respectively; and
(iii)
the applicant has no right of objection under section 239(7) if the EPA determines that the application is incomplete under section 240.
(4)
If the matter is a notice of requirement for a designation or to alter a designation, section 517 applies, except that every reference in that section to a territorial authority must be read as a reference to the EPA.
Compare: 1991 No 69 s 145(5)–(9A)
62 EPA to recommend course of action to Minister
(1)
No later than 20 working days after receiving a matter lodged under clause 60, the EPA must recommend to the Minister that the Minister make a direction under clause 63(1)(a), (b), (c), or (d).
(2)
The EPA may also recommend to the Minister that the Minister exercise 1 or more of the following powers:
(a)
if the EPA recommends that the Minister make a direction under clause 63(1)(a), (b), (c), or (d),—
(i)
to make a submission on the matter for the Crown:
(ii)
to extend the 9-month period by which any board of inquiry appointed to determine the matter must report under clause 81(1) because special circumstances exist:
(b)
if the EPA recommends that the Minister make a direction under clause 63(1)(c) or (d),—
(i)
to make a submission on the matter for the Crown:
(ii)
to appoint a project co-ordinator for the matter to advise the local authority or regional planning committee:
(iii)
if there is more than 1 matter that relates to the same proposal, and more than 1 local authority, to direct the local authorities and the regional planning committee to hold a joint hearing on the matters:
(iv)
if the local authority or regional planning committee appoints 1 or more hearings commissioners for the matter, to appoint an additional commissioner for the matter.
(3)
The EPA must serve a copy of its recommendation on the applicant and the local authority.
(4)
The 20-working-day time frame specified in subclause (1) applies subject to clause 65(5) and (6).
Compare: 1991 No 69 s 146
63 Minister makes direction after EPA recommendation
(1)
After the Minister receives a recommendation from the EPA under clause 62, the Minister may make a direction to—
(a)
refer the matter to a board of inquiry for decision; or
(b)
refer the matter to the Environment Court for decision; or
(c)
refer the matter to the local authority; or
(d)
refer the matter back to the regional planning committee.
(2)
The Minister may make a direction under subclause (1)(a) or (b) only if they consider that the matter is or is part of a proposal of national significance.
(3)
The Minister must apply clause 55(3) in deciding whether the matter is or is part of a proposal of national significance.
(4)
In deciding on making a direction under subclause (1), the Minister must have regard to—
(a)
the views of the applicant, local authority, and regional planning committee (as relevant); and
(b)
the capacity of the local authority or regional planning committee (as relevant) to process the matter; and
(c)
the recommendations of the EPA.
(5)
A direction made under subclause (1) must—
(a)
be in writing and be signed by the Minister; and
(b)
state the Minister’s reasons for making the direction.
(6)
To avoid doubt, the Minister may make a direction under subclause (1) that differs from the direction recommended by the EPA under clause 62(1).
Compare: 1991 No 69 s 147
General provisions for matter lodged with local authority or EPA
64 Proposals relating to coastal marine area
(1)
If a proposal of national significance relates wholly to the coastal marine area, this Part applies with the following modifications:
(a)
references to the Minister must be read as references to the Minister of Conservation; and
(b)
clause 81(5)(f) and (g) must be read as 1 paragraph saying “the Minister of Conservation”
.
(2)
If a proposal of national significance relates partly to the coastal marine area, this Part applies with the following modifications:
(a)
references to the Minister must be read as references to the Minister and the Minister of Conservation; and
(b)
clause 81(5)(f) and (g) must be read as 1 paragraph saying “the Minister and the Minister of Conservation”
.
Compare: 1991 No 69 s 148
65 EPA may request further information or commission report
(1)
Subclause (2) applies to a matter if—
(a)
the matter has been lodged with the EPA under clause 60; or
(b)
a request relating to the matter has been made by a local authority, a regional planning committee, or an applicant for a direction under clause 55(1)(b); or
(c)
the Minister decides, at their own initiative, to apply clause 55.
(2)
The EPA may,—
(a)
by written notice, request an applicant to provide further information relating to the matter:
(b)
require an EPA employee, or commission any person, to prepare a report on any issue relating to a matter (including in relation to information contained in the matter or provided under paragraph (a)).
(3)
An applicant who receives a request under subclause (2)(a) must, within 15 working days after the date of the request,—
(a)
provide the information; or
(b)
tell the EPA by written notice that the applicant agrees to provide the information; or
(c)
tell the EPA by written notice that the applicant refuses to provide the information.
(4)
If the EPA receives a notice under subclause (3)(b), the EPA must—
(a)
set a reasonable time within which the applicant must provide the information; and
(b)
tell the applicant by written notice the date by which the applicant must provide the information.
(5)
If the EPA requests further information under subclause (2)(a) before making its recommendation to the Minister on a matter under clause 59 or 62, the time frame referred to in clause 59(3) or 62(1) (which is the time within which the EPA must make its recommendation) begins on,—
(a)
if the information is provided in accordance with this clause, the day after the day on which the EPA receives the information; or
(b)
if the EPA receives a notice of refusal under subclause (3)(c), the day after the day on which the EPA receives the notice; or
(c)
in any other case, the day after the day on which the deadline for providing the information expires.
(6)
If the EPA requires a report under subclause (2)(b) before making its recommendation to the Minister on a matter under clause 59 or 62, the time frame referred to in clause 59(3) or 62(1) (which is the time within which the EPA must make its recommendation) begins on the day after the day on which the EPA receives the report.
(7)
The EPA must make its recommendation even if the applicant—
(a)
does not provide the information before the deadline; or
(b)
refuses to provide the information.
Compare: 1991 No 69 s 149
How matter processed if direction made to refer matter to board of inquiry or court
66 EPA must serve Minister’s direction on local authority or regional planning committee, and applicant
As soon as practicable after the Minister makes a direction under clause 55(2) or 63(1)(a) or (b), the EPA must serve the direction on—
(a)
the local authority or regional planning committee; and
(b)
the applicant, if relevant.
Compare: 1991 No 69 s 149A
67 Local authority’s or regional planning committee’s obligations if matter called in
(1)
Subclause (2) applies to a local authority or regional planning committee if—
(a)
the Minister calls in a matter by making a direction under clause 55(2); and
(b)
the local authority or regional planning committee has been served with the direction under clause 66.
(2)
The local authority or regional planning committee must, without delay, provide the EPA with—
(a)
the matter; and
(b)
all information received by the local authority that relates to the matter; and
(c)
if applicable, the submissions received by the local authority or regional planning committee on the matter.
Compare: 1991 No 69 s 149B
68 EPA must give public notice of Minister’s direction
(1)
The EPA must give public notice of a direction the Minister makes under clause 55(2) or 63(1)(a) or (b).
(2)
Subclause (1) does not apply if—
(a)
the Minister instructs that the giving of public notice be delayed under clause 69; or
(b)
the Minister decides under section 150 that the application or notice to which the direction relates is not to be publicly notified.
(3)
A public notice must—
(a)
state the Minister’s reasons for making the direction; and
(b)
describe the matter to which the direction applies; and
(c)
state where the matter, its accompanying information, and any further information may be viewed; and
(d)
state that any person may make submissions on the matter to the EPA; and
(e)
state the closing date for the receipt of submissions; and
(f)
specify an electronic address for sending submissions; and
(g)
state the address for service of the EPA and the applicant (or each applicant if more than 1).
(4)
When the EPA gives public notice, it must also serve a copy of the notice on—
(a)
each owner and occupier (other than an applicant) of any land to which the matter relates; and
(b)
each owner and occupier of any land adjoining any land to which the matter relates; and
(c)
if applicable, every person who has made a submission on the matter to the local authority or the regional planning committee.
Compare: 1991 No 69 s 149C
69 Minister may instruct EPA to delay giving public notice pending application for additional consents
(1)
The Minister may instruct the EPA to delay giving public notice of a direction under clause 68 in relation to a matter.
(2)
Subclause (1) applies if the Minister considers, on reasonable grounds, that—
(a)
resource consents, or other resource consents, will also be required in respect of the proposal to which the matter relates; and
(b)
the nature of the proposal will be better understood if applications for the resource consents, or other resource consents, are lodged before proceeding further with the matter.
(3)
The EPA must, without delay, give notice to the local authority or the regional planning committee, and the applicant, of the instruction under subclause (1).
(4)
The Minister may, at any time, rescind an instruction given under subclause (1) and instruct the EPA to give public notice of the direction concerned under clause 68.
Compare: 1991 No 69 s 149D
70 EPA to receive submissions on matter if public notice of direction has been given
(1)
Any person (including the Minister, for the Crown) may make a submission to the EPA about a matter for which—
(a)
the Minister has made a direction under clause 55(2) or 63(1)(a) or (b); and
(b)
public notice has been given under clause 68.
(2)
Subclause (1) applies—
(a)
whether or not the person has already made a submission to the local authority or the regional planning committee on the matter; but
(b)
subject to subclauses (7) to (10).
(3)
A submission must be—
(a)
in the prescribed form; and
(b)
served—
(i)
on the EPA, within the time allowed under subclause (9); and
(ii)
on the applicant, as soon as practicable after service on the EPA.
(4)
If a person who makes an electronic submission on the matter has specified an electronic address as an address for service, and has not requested a method of service specified in section 742(1) (as applied by subclause (5)), any further correspondence relating to the matter must be served by sending it to that electronic address.
(5)
If subclause (4) does not apply, the further correspondence may be served by any of the methods specified in section 742(1).
(6)
A submission must state whether it supports the matter, it opposes the matter, or it is neutral.
(7)
If the person is a trade competitor of the applicant, the person may make a submission only if directly affected by an effect of the activity to which the matter relates, and the effect—
(a)
adversely affects the environment; and
(b)
does not relate to trade competition or the effects of trade competition.
(8)
However, if the matter is a change to a plan or a variation to a proposed plan, subclause (7) does not apply and the person—
(a)
must not make a submission if the person could gain an advantage in trade competition through the submission; and
(b)
may make a submission only if directly affected by an effect of the change or variation that—
(i)
adversely affects the environment; and
(ii)
does not relate to trade competition or the effects of trade competition.
(9)
The closing date for making a submission is 30 working days after the day on which public notice of the direction is given.
(10)
Any submissions on the matter received by the local authority or the regional planning committee before the matter is called in (by a direction being made under clause 55(2)) must be treated as having been made to the EPA under this clause.
Compare: 1991 No 69 s 149E
71 EPA to receive secondary submissions if matter is proposed plan change or variation
(1)
Subclause (2) applies if the matter for which the Minister makes a direction under clause 55(2) or 63(1)(a) or (b) is a proposed plan change or a variation to a proposed plan.
(2)
The EPA must produce a summary of all the submissions on the matter received under clause 70 and give public notice of—
(a)
the availability of a summary of submissions on the matter; and
(b)
where the summary and the submissions can be inspected; and
(c)
the fact that no later than 10 working days after the day on which this public notice is given, the persons described in subclause (3) may make a secondary submission on the matter; and
(d)
the date of the last day for making secondary submissions (as calculated under paragraph (c)); and
(e)
an electronic address for sending secondary submissions; and
(f)
the address for service of the EPA.
(3)
The following persons may make a secondary submission on the matter:
(a)
any person representing a relevant aspect of the public interest; and
(b)
any person that has an interest in the matter greater than the interest that the general public has; and
(c)
the regional planning committee.
(4)
However, a secondary submission may only be in support of, or in opposition to, a submission made on a matter under clause 70.
(5)
A secondary submission must be in the prescribed form.
(6)
If a person who makes a secondary electronic submission on a matter to which the secondary submission relates has specified an electronic address as an address for service, and has not requested a method of service specified in section 742(1) (as applied by subclause (7)), any secondary correspondence relating to the matter must be served by sending it to that electronic address.
(7)
If subclause (6) does not apply, the secondary correspondence may be served by any of the methods specified in section 742(1).
(8)
A person who makes a secondary submission must serve a copy of it on—
(a)
the applicant; and
(b)
the person who made the submission under clause 70 to which the secondary submission relates.
(9)
The secondary submission must be served no later than 5 working days after the day on which the person provides the EPA with the secondary submission.
Compare: 1991 No 69 s 149F
72 EPA must provide board or court with necessary information
(1)
This clause applies if a matter is referred to a board of inquiry or the Environment Court under this Part.
(2)
The EPA must provide the board of inquiry or the Environment Court, as the case may be, with each of the following things as soon as is reasonably practicable after receiving it:
(a)
the matter:
(b)
all the information received by the EPA that relates to the matter:
(c)
the submissions received by the EPA on the matter.
(3)
The EPA must also commission the regional planning committee or the local authority to prepare a report on the key issues in relation to the matter that includes—
(a)
any relevant provisions of the national planning framework, a plan, or proposed plan; and
(b)
a statement on whether all required resource consents in relation to the proposal to which the matter relates have been applied for; and
(c)
if applicable, the activity category of all proposed activities in relation to the matter.
(4)
The EPA must provide a copy of the report to—
(a)
the board of inquiry or the Environment Court, as the case may be; and
(b)
the applicant; and
(c)
every person who made a submission on the matter.
Compare: 1991 No 69 s 149G
73 Regional planning committee may not notify further change or variation in certain circumstances
If the Minister makes a direction under clause 55(2) or 63(1)(a) or (b) to refer any of the following matters to a board of inquiry or the Environment Court, the regional planning committee must not notify a further change or variation relating to the same issue until after the board or the court, as the case may be, has made a decision on the matter:
(a)
a matter that is a proposed plan change; or
(b)
a matter that is a variation to a proposed plan.
Compare: 1991 No 69 s 149H
74 Limitation on withdrawal of change or variation
A regional planning committee may withdraw a plan change or a variation to a proposed plan, for which the Minister has made a direction under clause 55(2), no later than 5 working days after the close of the last day on which secondary submissions may be made under clause 71.
Compare: 1991 No 69 s 149I
Part 4 How matter decided if direction made to refer matter to board of inquiry or court
Matter decided by board of inquiry
75 Minister to appoint board of inquiry
(1)
This clause applies if the Minister makes a direction under clause 55(2)(a) or 63(1)(a) to refer a matter to a board of inquiry for decision.
(2)
As soon as practicable after making the direction, the Minister must appoint a board of inquiry to decide the matter and to complete the performance or exercise of its functions, duties, and powers in relation to the matter (including any appeals in relation to the matter that are filed in any court).
(3)
The Minister must appoint—
(a)
no fewer than 3, but no more than 5, members; and
(b)
1 member as the chairperson, who may (but need not) be a current, former, or retired Environment Judge or a retired High Court Judge.
(4)
The Minister may, if they consider it appropriate,—
(a)
invite the EPA to nominate persons to be members of the board:
(b)
appoint a member of the EPA board to be a member of the board of inquiry.
(5)
The Minister may, as they see fit, set terms of reference about administrative matters relating to the inquiry.
(6)
A member of a board of inquiry is not liable for anything the member does, or omits to do, in good faith in performing or exercising the functions, duties, and powers of the board.
Compare: 1991 No 69 s 149J
76 How members appointed
(1)
The Minister must comply with this clause when appointing a board of inquiry under clause 75.
(2)
The Minister must seek suggestions for members of the board from the local authority.
(3)
However, the Minister may appoint a person as a member of the board whether or not the Minister receives a suggestion for the person under subclause (2).
(4)
In appointing members, the Minister must consider the need for the board to have available to it, from its members,—
(a)
knowledge, skill, and experience relating to—
(i)
this Act; and
(ii)
the matter or type of matter that the board will be considering; and
(iii)
the local community; and
(iv)
the exercise of control over the manner of examining and cross-examining witnesses; and
(b)
an understanding of te Tiriti o Waitangi and its principles; and
(c)
an understanding of tikanga Māori and mātauranga Māori; and
(d)
legal expertise; and
(e)
technical expertise in relation to the matter or type of matter that the board will be considering.
Compare: 1991 No 69 s 149K
77 EPA may make administrative decisions
(1)
The EPA—
(a)
must provide secretarial and support services to a board of inquiry appointed under clause 75:
(b)
may make decisions regarding administrative and support matters that are incidental or ancillary to the conduct of an inquiry under this Part:
(c)
may allow the board of inquiry to make decisions referred to in paragraph (b).
(2)
The EPA must have regard to the purposes of minimising costs and avoiding unnecessary delay when exercising its powers or performing its functions under subclause (1)(a) or (b).
Compare: 1991 No 69 s 149KA
78 Conduct of inquiry
(1)
A board of inquiry appointed to determine a matter under clause 75 may, in conducting its inquiry, exercise any of the powers, rights, and discretions of a consent authority under sections 249 to 251 and 276 to 278 as if—
(a)
the matter were an application for a resource consent; and
(b)
every reference in those sections to an application or an application for a resource consent were a reference to the matter.
(2)
If a hearing is to be held, the EPA must—
(a)
fix a place for the hearing, which must be near the area to which the matter relates; and
(b)
fix the commencement date and time for the hearing; and
(c)
give not less than 10 working days’ notice of the matters stated in paragraphs (a) and (b) to—
(i)
the applicant; and
(ii)
every person who made a submission on the matter stating that they wish to be heard and who has not subsequently advised the board that they no longer wish to be heard.
(3)
The EPA may provide a board of inquiry with an estimate of the amount of funding required to process a proposal of national significance.
(4)
A board of inquiry—
(a)
must conduct its inquiry in accordance with any terms of reference set by the Minister under clause 75(5):
(b)
must carry out its duties in a timely and cost-effective manner:
(c)
may direct that briefs of evidence be provided in electronic form:
(d)
must keep a full record of all hearings and proceedings:
(e)
may allow a party to question any other party or witness:
(f)
may permit cross-examination:
(g)
may, without limiting sections 276 and 277 and clauses 79 and 85 to 90 of Schedule 6,—
(i)
direct that a conference of a group of experts be held:
(ii)
direct that a conference be held with—
(A)
any of the submitters who wish to be heard at the hearing; or
(B)
the applicant; or
(C)
any relevant local authority or regional planning committee; or
(D)
any combination of such persons:
(h)
must, in relation to a nationally significant proposal, have regard to the most recent estimate provided to the board of inquiry by the EPA under subclause (3).
(5)
A board of inquiry may obtain planning advice from the EPA in relation to—
(a)
the national planning framework, relevant plans, and other similar documents:
(b)
the issues raised by the matter being considered by the board.
Compare: 1991 No 69 s 149L
79 Process if matter before board of inquiry is plan change or variation
(1)
If the matter before a board of inquiry is a plan change or a variation to a proposed plan, the board of inquiry must conduct an inquiry on the plan change or variation to the proposed plan in accordance with clause 80.
(2)
The board of inquiry must produce a final report on the plan change or variation under clause 81.
Compare: 1991 No 69 s 149M
80 Consideration of matter by board
(1)
A board of inquiry considering a matter must—
(a)
have regard to the Minister’s reasons for making a direction in relation to the matter; and
(b)
consider any information provided to it by the EPA under clause 72; and
(c)
act in accordance with subclause (2), (3), (4), or (6) as the case may be.
(2)
A board of inquiry considering a matter that is an application for a resource consent must apply sections 286 to 288, 290 to 298, 300, and 352 as if it were a consent authority.
(3)
A board of inquiry considering a matter that is an application for a change to or cancellation of the conditions of a resource consent must apply sections 286 to 288, 290 to 298, and 300 as if—
(a)
it were a consent authority and the application were an application for resource consent for a discretionary activity; and
(b)
every reference to a resource consent and to the effects of the activity were a reference to the change or cancellation of a condition and the effects of the change or cancellation, respectively.
(4)
A board of inquiry considering a matter that is a notice of requirement for a designation or to alter a designation—
(a)
must have regard to the matters set out in section 527(3) and comply with section 527(1) as if it were a territorial authority; and
(b)
may—
(i)
cancel the requirement; or
(ii)
confirm the requirement; or
(iii)
confirm the requirement, but modify it or impose conditions on it as the board thinks fit; and
(c)
may, under section 518(4), waive the requirement for a secondary CIP to be submitted.
(5)
However, if the requiring authority is the Minister of Education or the Minister of Defence, the board of inquiry may not impose a condition under subclause (4)(b)(iii) requiring an environmental contribution.
(6)
A board of inquiry considering a matter that is a proposed plan change or a variation to a proposed plan—
(a)
must make decisions on the provisions and matters raised in submissions and include the reasons for accepting or rejecting the submissions (but, to avoid doubt, it is not necessary to address each submission individually); and
(b)
may exercise the powers under clause 48 of Schedule 13 as if it were the Environment Court; and
(c)
must apply Part 5 as if it were a regional planning committee.
Compare: 1991 No 69 s 149P
81 Board to produce report
(1)
As soon as practicable after the board of inquiry has completed its inquiry on a matter, it must—
(a)
make its decision; and
(b)
produce a written report.
(2)
The board must perform the duties in subclause (1) no later than 9 months after—
(a)
the day on which the EPA gave public notice under clause 68 of the Minister’s direction under clause 55(2) or 63(1)(a) in relation to the matter, unless paragraph (b) applies; or
(b)
the day on which the EPA gave limited notification under clause 93(4), if the EPA gave that notice for the matter before the board.
(3)
For the purposes of subclause (2), the 9-month period excludes—
(a)
the period starting on 20 December in any year and ending with 10 January in the following year:
(b)
any time while an inquiry is suspended under clause 97(3) (as calculated from the date of notification of suspension under clause 97(5) to the date of notification of resumption under clause 97(5)).
(4)
The report—
(a)
must state the board’s decision; and
(b)
must give reasons for the decision; and
(c)
must include a statement of the principal issues that were in contention; and
(d)
must include the main findings on the principal issues that were in contention; and
(e)
may recommend that changes be made to the national planning framework or a plan (in addition to any changes that may result from the implementation of the decision); and
(f)
may recommend changes to the national planning framework.
(5)
The EPA must provide a copy of the report to—
(a)
the applicant; and
(b)
the local authority; and
(c)
any relevant local authorities; and
(d)
the regional planning committee; and
(e)
the persons who made submissions on the matter; and
(f)
the Minister of Conservation, if the report relates to the functions of the Minister of Conservation under this Act; and
(g)
the Minister; and
(h)
if the matter to which the report relates is a notice of requirement, the landowners and occupiers directly affected by the decision.
(6)
The EPA must publish the board’s report and give public notice of where and how copies of it can be obtained.
(7)
Nothing in section 787(1) applies to the time periods or the requirements in this clause that apply to a board.
(8)
For the purposes of subclause (5)(d), the EPA is to be taken to have provided a copy of the final report to a submitter if—
(a)
the EPA has published the final report on an Internet site maintained by the EPA to which the public has free access; and
(b)
the submitter has specified an electronic address as an address for service (and has not requested that the final report be provided in hard copy form); and
(c)
the EPA has sent the submitter at that electronic address a link to the final report published on the Internet site referred to in paragraph (a).
Compare: 1991 No 69 s 149R
82 Minor corrections of board decisions, etc
(1)
At any time during its term of appointment, a board of inquiry may issue an amendment to a decision, or an amended decision, that corrects minor omissions, errors, or other defects in any decision of the board, and this power includes the powers set out in subclauses (2) to (4).
(2)
The board may correct a resource consent as if the board were a consent authority acting under section 343 (which applies within 20 working days of the grant of the resource consent).
(3)
The board may amend a proposed plan change, as if it were a regional planning committee, to alter any information if the alteration is of minor effect or to correct minor errors before the earlier of the following:
(a)
the day on which the regional planning committee approves the proposed plan under clause 44 of Schedule 6:
(b)
the day that is 40 working days after the day on which any appeals relating to the matter have been determined and all rights of appeal have expired.
(4)
The board may correct a requirement before the earlier of the following:
(a)
the day on which the regional planning committee includes the relevant designation in its plan and any proposed plan under section 530:
(b)
the day that is 40 working days after the day on which any appeals relating to the matter have been determined and all rights of appeal have expired.
Compare: 1991 No 69 s 149RA
83 Minister may extend time by which board must report
(1)
Despite clause 81(2), the Minister may, at any time (including before the board is appointed), grant an extension or extensions of time in which a board of inquiry must produce its final report.
(2)
The Minister may grant an extension only if—
(a)
they consider that special circumstances apply; and
(b)
the time period as extended does not exceed 18 months from—
(i)
the day on which the EPA gives public notice under clause 68 of the Minister’s direction under clause 55(2) or 63(1)(a) in relation to the matter, unless subparagraph (ii) applies; or
(ii)
the day on which the EPA gives limited notification under clause 93(4), if the EPA gives that notice for the matter before the board.
(3)
However, the Minister may grant an extension that results in a time period greater than that described in subclause (2)(b) if the applicant agrees.
(4)
For the purposes of subclause (2)(b), the period of 18 months excludes any time while an inquiry is suspended under clause 97(3) (as calculated from the date of notification of suspension under clause 97(5) to the date of notification of resumption under clause 97(5)).
(5)
The EPA must give written notice to the following persons if the Minister grants an extension under subclause (1), or each time the Minister grants an extension under subclause (1), as the case may be:
(a)
the applicant; and
(b)
the local authority; and
(c)
the regional planning committee; and
(d)
any person who made a submission on the matter.
(6)
The EPA must, on request by a board of inquiry, request the Minister to grant an extension under subclause (1) in relation to any matter before the board.
(7)
Subclause (6) does not limit subclause (1).
Compare: 1991 No 69 s 149S
Matter decided by Environment Court
84 Matter referred to Environment Court
(1)
This clause applies if the Minister makes a direction under clause 55(2)(b) or 63(1)(b) to refer a matter to the Environment Court for decision.
(2)
The matter is referred to the Environment Court by the applicant lodging with the court—
(a)
a notice of motion specifying the orders sought and the grounds on which the application is made; and
(b)
a supporting affidavit on the circumstances giving rise to the application.
(3)
The applicant must—
(a)
serve a copy of the notice of motion and the affidavit on the local authority and, if applicable, every person who made a submission on the matter; and
(b)
serve the documents as soon as is reasonably practicable after lodging them; and
(c)
tell the Registrar when the documents have been served.
(4)
If the matter is a proposed plan change or a variation to a proposed plan change, the territorial authority must also serve a copy of the notice of motion and affidavit on any requiring authority that made a requirement under clause 30 of Schedule 6 in respect of the change or variation.
(5)
The court may, at any time, direct the applicant to serve a copy of the notice of motion and affidavit on any other person.
Compare: 1991 No 69 s 149T
85 Consideration of matter by Environment Court
(1)
The Environment Court, when considering a matter referred to it under clause 84, must—
(a)
have regard to the Minister’s reasons for making a direction in relation to the matter; and
(b)
consider any information provided to it by the EPA under clause 72; and
(c)
act in accordance with subclause (2), (3), (4), (6), or (7), as the case may be.
(2)
If considering a matter that is an application for a resource consent, the court must apply sections 286 to 288, 290 to 298, 300, and 352 as if it were a consent authority.
(3)
If considering a matter that is an application for a change to or cancellation of the conditions of a resource consent, the court must apply sections 286 to 288, 290 to 298, and 300 as if—
(a)
it were a consent authority and the application were an application for resource consent for a discretionary activity; and
(b)
every reference to a resource consent and to the effects of the activity were a reference to the change or cancellation of a condition and the effects of the change or cancellation, respectively.
(4)
If considering a matter that is a notice for a designation or to alter a designation, the court—
(a)
must have regard to the matters set out in section 527(3) and comply with section 527(1) as if it were a regional planning committee; and
(b)
may—
(i)
cancel the notice; or
(ii)
confirm the notice; or
(iii)
confirm the notice, but modify it or impose conditions on it as the court thinks fit; and
(c)
may, under section 518(4), waive the requirement for a secondary CIP to be submitted.
(5)
However, if the requiring authority is the Minister of Education or the Minister of Defence, the court may not impose a condition under subclause (4)(b)(iii) requiring an environmental contribution.
(6)
If considering a matter that is a proposed plan change or a variation to a proposed plan, the court—
(a)
must make decisions on the provisions and matters raised in submissions and include the reasons for accepting or rejecting the submissions (but, to avoid doubt, it is not necessary to address each submission individually); and
(b)
may exercise the powers under clause 48 of Schedule 13; and
(c)
must apply Part 4 as if it were a regional planning committee.
(7)
Schedule 13 applies to proceedings under this clause, except if inconsistent with any provision of this clause.
Compare: 1991 No 69 s 149U
Appeals
86 Appeal against decisions only on question of law
(1)
A person described in clause 81(5)(a) to (f) may appeal to the High Court against a decision under clause 81(1) or 85, but only on a question of law.
(2)
If the appeal is against a decision of a board of inquiry, clauses 80 to 87 of Schedule 13 apply to the appeal subject to the following:
(a)
every reference to the Environment Court in those clauses must be read as a reference to the board of inquiry; and
(b)
those clauses must be read with any other necessary modifications; and
(c)
the High Court Rules 2016 apply if a procedural matter is not dealt with in the clauses.
(3)
If the appeal is against a decision of the Environment Court, clause 79 of Schedule 13 applies to the appeal.
(4)
No appeal may be made to the Court of Appeal against a determination of the High Court under this clause.
(5)
However, a party may apply to the Supreme Court for leave to bring an appeal to that court against a determination of the High Court and, for this purpose, sections 73 to 76 of the Senior Courts Act 2016 apply with any necessary modifications.
(6)
If the Supreme Court refuses to give leave for an appeal (on the grounds that exceptional circumstances have not been established under section 75 of the Senior Courts Act 2016), but considers that a further appeal from the determination of the High Court is justified, the court may remit the proposed appeal to the Court of Appeal.
(7)
No appeal may be made against any appeal determined by the Court of Appeal in accordance with subclause (6).
(8)
Despite any enactment to the contrary,—
(a)
an application for leave for the purposes of subclause (5) must be filed no later than 10 working days after the determination of the High Court; and
(b)
the Supreme Court or the Court of Appeal, as the case may be, must determine an application for leave, or an appeal, to which this clause applies as a matter of priority and urgency.
Compare: 1991 No 69 s 149V
Part 5 Miscellaneous provisions
Process after decision of board of inquiry or court on certain matters
87 Regional planning committee to implement decision of board or court about proposed plan change or variation
(1)
Subclauses (2) and (3) apply to a regional planning committee if a board of inquiry or the Environment Court—
(a)
considers a matter that is a proposed plan change or a variation to a proposed plan; and
(b)
decides that changes must be made to that matter.
(2)
As soon as practicable after receiving notice of the decision of the board or the court under clause 81(5) or 85, as the case may be, the regional planning committee must—
(a)
(b)
approve the proposed plan change, or variation under clause 44 of Schedule 6 and make the plan, change, or variation operative by giving public notice in accordance with that clause.
(3)
A regional planning committee must comply with section 530 if a board of inquiry or the Environment Court confirms a requirement under this Part.
Compare: 1991 No 69 s 149W
88 Residual powers of local authority
(1)
(2)
The consent authority concerned has all the functions, duties, and powers in relation to the resource consent as if it had granted the consent itself.
(3)
(4)
The territorial authority concerned has all the functions, duties, and powers in relation to the requirement as if it had dealt with the matter itself.
Compare: 1991 No 69 s 149X
Minister makes direction to refer matter to local authority
89 EPA must refer matter to local authority and regional planning committee if direction made by Minister
(1)
This clause applies if the Minister makes a direction under clause 63(1)(c) or (d)—
(a)
to refer a matter lodged with the EPA back to the local authority, if the matter is a resource consent or a change to or cancellation of the conditions of a resource consent, or a notice of requirement for a designation or to alter a designation:
(b)
to refer a matter lodged with the EPA back to the regional planning committee, if the matter is a proposed plan or a variation to a proposed plan.
(2)
The EPA must give notice of the Minister’s direction to the local authority or regional planning committee, and the applicant.
(3)
The EPA must also—
(a)
provide the local authority or regional planning committee with—
(i)
the matter; and
(ii)
all the material received by the EPA that relates to the matter; and
(b)
inform the local authority or regional planning committee that it must process the matter in accordance with clause 90.
Compare: 1991 No 69 s 149Y
90 Local authority or regional planning committee must process referred matter
(1)
A local authority or regional planning committee must process a matter referred to it under clause 89(3) in accordance with this clause, subject to any action the Minister may take under clause 91.
(2)
If the matter is an application for a resource consent, the local authority must treat the application as if—
(a)
it had been made to the local authority under section 239(1); and
(b)
it had been lodged on the date that the local authority received notification from the EPA under clause 89(2); and
(c)
section 240 did not apply to the application.
(3)
If the matter is a notice for a designation or to alter a designation, the local authority must treat the notice as if it had been—
(a)
given to the local authority under section 517; and
(b)
lodged on the date that the local authority received notification from the EPA under clause 89(2).
(4)
However, if the matter is a notice of requirement for a designation, or to alter a designation, to which section 522 applies, the local authority must instead comply with section 536, with all necessary modifications, as if it had decided to issue the notice of requirement under that section on the date that the matter was referred to it under clause 89(3).
(5)
If the matter is a request relating to a proposed plan change or a variation to a proposed plan, the regional planning committee must continue to process the matter under Schedule 6.
(6)
If the matter is an application for a change to or cancellation of the conditions of a resource consent, the local authority must treat the application as if it had been—
(a)
made to the local authority under section 239; and
(b)
lodged on the date that the local authority received notification from the EPA under clause 89(3).
Compare: 1991 No 69 s 149Z
Minister’s powers to intervene in matter
91 Minister’s powers to intervene in matter
(1)
The Minister may intervene in a matter at any time by exercising 1 or more of the following powers in relation to the matter:
(a)
to make a submission on the matter for the Crown:
(b)
to appoint a project co-ordinator for the matter, to advise the local authority or regional planning committee:
(c)
if there is more than 1 matter that relates to the same proposal, and more than 1 local authority, to direct the local authorities to hold a joint hearing on the matters:
(d)
if the local authority or regional planning committee appoints 1 or more hearings commissioners for the matter, to appoint an additional commissioner for the matter.
(2)
In deciding whether to act under subclause (1), the Minister must consider the extent to which the matter is or is part of a proposal of national significance.
(3)
If the Minister makes a direction under subclause (1)(c),—
(a)
the local authorities must hold the joint hearing; and
(b)
section 281 applies, with the necessary modifications, to the hearing.
(4)
If the Minister appoints a hearings commissioner under subclause (1)(d), the commissioner has the same powers, functions, and duties as the commissioner or commissioners appointed by the local authority or regional planning committee.
(5)
To avoid doubt, if the matter has come before the Minister by way of an application lodged with the EPA, the Minister may exercise the powers under subclause (1) in relation to the matter whether or not the EPA made any recommendations about the matter to the Minister under clause 62(2).
Compare: 1991 No 69 s 149ZA
Process if related matter already subject to direction to refer to board of inquiry or court
92 How EPA must deal with certain applications and notices of requirement
(1)
This clause applies to a matter that is an application or a notice of requirement described in subclause (2) if—
(a)
the activity that the application or notice relates to is part of a proposal of national significance in relation to which 1 or more matters have already been subject to a direction under clause 55(2) or 63(1)(a) or (b); and
(b)
the application or notice was lodged with the EPA either—
(i)
before the board of inquiry or Environment Court, as the case may be, has determined the matter or matters already subject to a direction under clause 55(2) or 63(1)(a) or (b); or
(ii)
after the matter or matters have been determined by the board or the court and the matter or matters have been granted or confirmed.
(2)
The applications and notices are—
(a)
an application for a resource consent:
(b)
an application for a change to or cancellation of the conditions of a resource consent:
(c)
a notice of requirement to alter a designation.
(3)
In addition to making a recommendation to the Minister under clause 62 on whether to make a direction under clause 63(1)(a), (b), or (c) in relation to the application or notice, the EPA must also recommend whether the application or notice should be notified (see section 270).
Compare: 1991 No 69 s 149ZB
93 Minister to decide whether application or notice of requirement to be notified
(1)
If the Minister decides to make a direction under clause 63(1)(a) or (b) for an application or a notice of requirement to which clause 92 applies, the Minister must also decide whether to notify the application or notice.
(2)
Section 270 applies to the Minister when making their decision under subclause (1) as if each reference to a consent authority were a reference to the Minister.
(3)
If the Minister decides that the application or notice is to be publicly notified, clauses 68 to 70 apply.
(4)
If the Minister decides that the application or notice is not to be publicly notified but is to be subject to limited notification, the EPA must give limited notification of the application or notice.
(5)
Any person who receives a notice under subclause (4) may make a submission to the EPA and, for that purpose, clause 70(3) to (8) applies.
(6)
However, the closing date for making a submission under subclause (5) is 20 working days after the day on which the EPA gives the notice under subclause (4).
Compare: 1991 No 69 s 149ZC
Costs of processes under this Part and Parts 2 to 4
94 Costs of processes under this Part and Parts 2 to 4 recoverable from applicant
(1)
A local authority or regional planning committee must recover from an applicant the actual and reasonable costs incurred by the local authority or committee in complying with this Part or any of Parts 2 to 4 of this schedule.
(2)
The EPA must recover from a person the actual and reasonable costs incurred by the EPA in providing assistance to the person before a matter or application is lodged with the EPA (whether or not the matter or application is subsequently lodged).
(3)
The EPA must recover from an applicant the actual and reasonable costs incurred by the EPA in exercising or performing its functions, powers, and duties under this Part or any of Parts 2 to 4 of this schedule (including the costs in respect of secretarial and support services provided to a board of inquiry or a panel by the EPA).
(4)
(5)
The local authority, regional planning committee, EPA, or Minister must, upon request by an applicant, provide an estimate of the costs likely to be recovered under this clause.
(6)
When recovering costs under this clause, the EPA or the Minister must have regard to the following considerations:
(a)
the sole purpose is to recover the reasonable costs incurred in respect of the matter or application to which the costs relate:
(b)
whether it is administratively efficient to allocate to, and recover costs from, the applicant:
(c)
whether recovering full costs may lead to an activity not being undertaken, or being undertaken at a scale that would undermine plan outcomes.
(7)
A person may object under section 767 to a requirement to pay costs under any of subclauses (1) to (4).
(8)
In this clause,—
applicant has the meaning given in clause 54, and includes an applicant for a referral application or substantive fast-track application
application means a referral application or substantive fast-track application made under Part 2 of this schedule
panel has the meaning given in clause 13.
Compare: 1991 No 69 s 149ZD
95 Remuneration, allowances, and expenses of boards of inquiry
The Fees and Travelling Allowances Act 1951 applies to a board of inquiry appointed under clause 75 as follows:
(a)
the board is a statutory board within the meaning of the Act; and
(b)
a member of the board may be paid the following, out of money appropriated by Parliament for the purpose, if the Minister so directs:
(i)
remuneration by way of fees, salary, or allowances under the Act; and
(ii)
travelling allowances and travelling expenses under the Act for time spent travelling in the service of the board; and
(c)
the Act applies to payments under paragraph (b).
Compare: 1991 No 69 s 149ZE
96 Liability to pay costs constitutes debt due to EPA or the Crown
(1)
This clause applies when—
(a)
the EPA or the Minister has required a person to pay costs recoverable under clause 94(2), (3), or (4); and
(b)
the requirement to pay is final, in that the person who is required to pay—
(i)
has not objected under section 767 or appealed under section 771 within the time permitted by this Act; or
(ii)
has objected or appealed and the objection or the appeal has been decided against that person.
(2)
The costs referred to in subclause (1) are a debt due to either the EPA or the Crown that is recoverable by the EPA, or the EPA on behalf of the Crown, in any court of competent jurisdiction.
Compare: 1991 No 69 s 149ZF
97 Process may be suspended if costs outstanding
(1)
This clause applies if—
(a)
the EPA or the Minister has required a person to pay costs recoverable under clause 94(2), (3), or (4); and
(b)
the EPA has given the person written notice that, unless the costs specified in the notice are paid,—
(i)
the EPA may cease to carry out its functions in relation to the matter; and
(ii)
if it does so, the inquiry will be suspended.
(2)
If the person fails to pay the costs in the required time, the EPA may cease carrying out its functions in respect of the matter.
(3)
If the EPA ceases to carry out its functions in respect of the matter, the inquiry is suspended.
(4)
If the EPA ceases to carry out its functions in respect of the matter but subsequently the person required to pay the costs does so,—
(a)
the EPA must resume carrying out its functions in respect of the matter; and
(b)
the inquiry is resumed.
(5)
The EPA must, as soon as practicable after an inquiry is suspended under subclause (3) or is resumed under subclause (4)(b), notify the following that the inquiry is suspended or has resumed (as the case may be):
(a)
the applicant; and
(b)
the board; and
(c)
the Minister; and
(d)
any relevant local authorities; and
(e)
the regional planning committee; and
(f)
every person who has made a submission on the matter.
(6)
Nothing in this clause affects or prejudices the right of a person to object under section 767 or appeal under section 771, but an objection or an appeal does not affect the right of the EPA under subclause (2) of this clause to cease carrying out its functions.
Compare: 1991 No 69 s 149ZG
Schedule 11 Provisions about esplanade strips and access strips
Contents
1 Interpretation
In this Part,—
owner and occupier include any employees or agents authorised by the owner or occupier
parties, in relation to an easement for an access strip, means the local authority and the registered owner of the relevant land
relevant land,—
(a)
in relation to an instrument that creates an esplanade strip, means the land over which the esplanade strip is created; and
(b)
in relation to an easement for an access strip, means the land over which the access strip is created
Part 1 Registration requirements for instruments creating esplanade strips
2 Registration requirements
(1)
The Registrar-General of Land must not register an instrument to create an esplanade strip unless the requirements of subclause (2) or (3) are satisfied.
(2)
If the esplanade strip is required by subpart 3 of Part 10 when land is subdivided or reclaimed, the strip identified in the instrument must be the same as that shown on the survey plan approved by the territorial authority (for subdivisions) or regional council (for reclamations).
(3)
If the esplanade strip is created by agreement (see section 614),—
(a)
every person who has a registered interest in the relevant land must consent to the strip; and
(b)
that consent must be provided on a consent form approved under the Land Transfer Act 2017 and attached to the relevant instrument.
3 Esplanade strip need not be surveyed
Despite anything to the contrary in the Land Transfer Act 2017, an esplanade strip—
(a)
need not be surveyed; but
(b)
if it is shown on a survey plan, must be clearly identified in the manner that the chief executive of Land Information New Zealand considers appropriate.
Compare: 1991 No 69 s 237(2)
4 Requirements for instrument that creates esplanade strip
(1)
An instrument to create an esplanade strip must,—
(a)
for registration purposes, be in the form approved by the Registrar-General of Land; and
(b)
for the purpose of recording the rights and interests attaching to the esplanade strip, be in the prescribed form.
(2)
The instrument must also—
(a)
be created in favour of the local authority; and
(b)
be executed by the local authority and the owner of the subdivided land (the parties); and
(c)
create an interest in land, and may be registered under the Land Transfer Act 2017; and
(d)
when registered with the Registrar-General of Land, run with and bind the land that is subject to the instrument; and
(e)
bind every mortgagee or other person who has an interest in the land, without that person’s consent; and
(f)
provide for any modifications or exclusions agreed by the parties under clause 5 (what parties must consider when deciding matters to provide for in instrument); and
(g)
contain the relevant provisions that are set out in Part 3 of this schedule.
Compare: 1991 No 69 s 232(1)–(2)
5 What parties must consider when deciding matters to provide for in instrument
(1)
The decisions about what to include in the instrument that creates an esplanade strip are—
(a)
(b)
whether it is appropriate for the instrument to provide for any other matters.
(2)
The decisions must be made—
(a)
by the territorial authority, if the esplanade strip is required by subpart 3 of Part 10; or
(b)
by agreement between the local authority and the owner of the relevant land, if the esplanade strip is created by agreement (see section 614).
(3)
When making the decisions, the decision makers must consider—
(a)
the plan; and
(b)
the provisions and other matters included in any existing instrument for an esplanade strip, or easement for an access strip, in the vicinity; and
(c)
the purpose or purposes of the strip, including the needs of potential users of the strip; and
(d)
the use of the strip and adjoining land by the owner and occupier; and
(e)
the use of the river, lake, or coastal marine area within or adjacent to the strip; and
(f)
the management of any reserve in the vicinity.
Compare: 1991 No 69 s 232(4)–(5)
Part 2 How access strips are created
6 Access strip created by registration of easement
(1)
An access strip is created by the registration under the Land Transfer Act 2017 of an easement that complies with the requirements of this schedule.
(2)
The easement cannot be registered unless—
(a)
every person who has a registered interest in the relevant land has consented to creating the access strip; and
(b)
that consent is provided on a form of consent approved under the Land Transfer Act 2017 and attached to the relevant instrument.
Compare: 1991 No 69 s 237B(5), (7)
7 Requirements for easements
(1)
An easement to create an access strip must—
(a)
for registration purposes, be in the form approved by the Registrar-General of Land; and
(b)
for the purpose of recording the rights and interests attaching to the esplanade strip, be in the prescribed form.
(2)
The instrument creating an access strip must also—
(a)
be executed by the local authority and the registered owner of the relevant land (the parties); and
(b)
provide for modifications or exclusions agreed by the parties under clause 8 (what parties must consider when deciding matters to provide for in easement); and
(c)
contain the relevant provisions that are set out in Part 3 of this schedule.
Compare: 1991 No 69 s 237B(2)–(4)
8 What parties must consider when deciding matters to provide for in easement
(1)
The parties to an easement must decide—
(a)
(b)
whether it is appropriate for the easement to provide for any other matters.
(2)
When making those decisions, the parties must consider—
(a)
any relevant rules in the plan for the region; and
(b)
the provisions and other matters included in any existing instrument for an esplanade strip, or easement for an access strip, in the vicinity; and
(c)
the purpose of the strip, including the needs of potential users of the strip; and
(d)
the use of the strip and adjoining land by the owner and occupier; and
(e)
where appropriate, the use of the river, lake, or coastal marine area within or adjacent to the access strip; and
(f)
the management of any reserve in the vicinity.
9 How easement is varied or cancelled
(1)
The local authority and the registered owner may, by agreement, vary or cancel the easement.
(2)
The parties must take into account—
(a)
clause 8 (what parties must consider when deciding matters to provide for in easement); and
(b)
any change of circumstances.
(3)
When all the appeals (if any) are finally determined, the local authority must lodge a certificate with the Registrar-General of Land for registration under the Land Transfer Act 2017.
(4)
The certificate must—
(a)
be signed by the chief executive or other authorised officer of the local authority; and
(b)
specify the variations to the easement or that the easement is cancelled.
(5)
The Registrar-General of Land must make an appropriate entry in the register and on the easement noting that the instrument has been varied or cancelled, and the easement has effect as varied or ceases to have any effect, as applicable.
Compare: 1991 No 69 ss 234(7)–(8), 237B(7)–(8)
Part 3 Provisions to include in instrument or easement that creates strip
10 Application
This Part sets out the provisions to be included in—
(a)
an instrument that creates an esplanade strip; and
(b)
an easement for an access strip.
Provisions that apply when any strip is created
11 Mandatory prohibitions
The instrument or easement must specify that the following acts are prohibited on the relevant land:
(a)
any act that wilfully endangers, disturbs, or annoys any lawful user (including the land owner or occupier) of the relevant land:
(b)
any act, by a person other than the owner or occupier of the relevant land, that—
(i)
wilfully damages or interferes with any structure that is on or adjoins the relevant land, including any building, fence, gate, stile, marker, bridge, or notice:
(ii)
wilfully interferes with or disturbs any livestock lawfully permitted on the relevant land.
Compare: 1991 No 69 Schedule 10 cl 1
12 Other prohibitions
(1)
The instrument or easement must specify any prohibition described in subclause (2) that is—
(a)
for an instrument agreed by the parties under clause 5(1)(a)(i); or
(b)
for an easement agreed by the parties under clause 8(1)(a)(i).
(2)
The following acts may be prohibited on the relevant land:
(a)
lighting any fire:
(b)
carrying any firearm:
(c)
discharging or shooting any firearm:
(d)
camping:
(e)
taking any animal on to, or having charge of any animal on, the relevant land:
(f)
taking any vehicle on to, or driving or having charge or control of any vehicle on, the relevant land (whether the vehicle is motorised or non-motorised):
(g)
wilfully damaging or removing any plant (unless acting in accordance with the Biosecurity Act 1993):
(h)
laying any poison or setting any snare or trap (unless acting in accordance with the Biosecurity Act 1993).
Compare: 1991 No 69 Schedule 10 cl 2
13 Fencing requirements
The instrument or easement may include any fencing requirements, including—
(a)
a requirement about a gate or stile:
(b)
a requirement to reposition or remove any fence.
Compare: 1991 No 69 Schedule 10 cl 3
14 Access on strips created for access purposes
(1)
This clause applies only if an esplanade strip or is created for access purposes.
(2)
The instrument or easement must specify—
(a)
that any person has the right, at any time, to pass and repass over and along the relevant land; and
(b)
that that right of access is subject to other provisions of the instrument or easement.
Compare: 1991 No 69 Schedule 10 cl 5
15 Closure
The instrument or easement may specify—
(a)
that the relevant land may be closed to the public for any specified period, including particular times and dates; and
(b)
who must notify the public, by signs erected at all entry points to the relevant land and any other means agreed, that the relevant land is closed to the public as a result of closure periods specified in the instrument or easement.
Compare: 1991 No 69 Schedule 10 cl 7
Provisions that apply only when esplanade strip is created
16 Access on esplanade strips created for conservation purposes
(1)
This clause applies only if an esplanade strip is created for the protection of conservation values.
(2)
The instrument may specify—
(a)
a limited right of access, in that—
(i)
no person other than the owner or occupier of the relevant land may enter or remain on that land; or
(ii)
only specified persons may enter or remain on the relevant land; and
(b)
that that right of access is subject to other provisions of the instrument.
Compare: 1991 No 69 Schedule 10 cl 4
17 Access on esplanade strips created for recreational purposes
(1)
This clause applies only if an esplanade strip is created for public recreational use.
(2)
The instrument must specify—
(a)
that any person has the right, at any time, to enter on the relevant land and remain on that land for any period of time for the purpose of recreation; but
(b)
that the right of access is subject to other provisions of the instrument.
Compare: 1991 No 69 Schedule 10 cl 6
Part 4 Other provisions relating to esplanade strips
18 Effect of change to boundary of esplanade strip
(1)
This section applies if, for any reason,—
(a)
any of the following alters:
(i)
the mark of mean high-water springs of the sea:
(ii)
the bank of a river:
(iii)
the margin of a lake; and
(b)
the alteration affects an existing esplanade strip within an allotment.
(2)
A new esplanade strip that coincides with the alteration is deemed to have been created simultaneously with the alteration.
(3)
The instrument that created the existing esplanade strip (the original instrument)—
(a)
continues in existence; and
(b)
applies to the new esplanade strip without any alteration other than the location of the strip.
(4)
The new esplanade strip—
(a)
must have the same dimensions, and be situated and subject to the same conditions, as if it had been created by the original instrument; and
(b)
extinguishes in whole or in part, as the case may require, the existing esplanade strip, which would have continued but for the alteration.
(5)
Any person who has an interest in land that is affected by the new esplanade strip is bound by the instrument that applies to that strip.
Compare: 1991 No 69 s 233
How esplanade strips are varied or cancelled
19 Land owner may apply to vary or cancel esplanade strip
(1)
The registered owner of the land that includes an esplanade strip may apply to the territorial authority to vary or cancel the instrument that created the strip.
(2)
The application must include—
(a)
a description of the strip and its location; and
(b)
an assessment of the effects of varying or cancelling the strip.
(3)
Section 333 applies to the application by the owner of the land, as appropriate and with any necessary modifications, as if it were an application by a consent holder for a change or cancellation of a condition of a resource consent.
(4)
The territorial authority must have regard to the following matters when considering the application:
(a)
the matters set out in section 286, which applies with all necessary modifications:
(b)
the purpose or purposes for which the strip was created (see section 609):
(c)
any change in circumstances that has made the strip, or any of the conditions in the instrument that created the strip, inappropriate or unnecessary.
(5)
After considering the application, the territorial authority may—
(a)
grant the application with or without modifications; or
(b)
decline the application.
Compare: 1991 No 69 s 234(1)–(3), (5), (6)
20 Territorial authority may initiate proposal to vary or cancel esplanade strip
(1)
A territorial authority may initiate a proposal to vary or cancel an esplanade strip by preparing a statement that includes—
(a)
a description of the strip and its location; and
(b)
an assessment of the effects of varying or cancelling the strip.
(2)
Sections 337 to 282 apply to the proposal, as appropriate and with any necessary modifications, as if it were a review of consent conditions initiated by the territorial authority.
Compare: 1991 No 69 s 234(2)–(4)
21 How esplanade strip is varied or cancelled
(1)
(2)
The territorial authority must lodge for registration with the Registrar-General of Land a certificate that specifies the variations to the instrument or that the instrument is cancelled.
(3)
The certificate must be signed by the chief executive or other authorised officer of the territorial authority.
(4)
The Registrar-General of Land must make an appropriate entry in the register and on the instrument noting that the instrument has been varied or cancelled.
(5)
The instrument takes effect as varied or, if cancelled, ceases to have any effect.
Compare: 1991 No 69 s 234(7)–(8)
Schedule 12 Incorporation of documents by reference in plans
1 Incorporation of documents by reference
(1)
The following written material may be incorporated by reference in a plan or proposed plan:
(a)
standards, requirements, or recommended practices of international or national organisations:
(b)
standards, requirements, or recommended practices prescribed in any country or jurisdiction:
(c)
any other written material that deals with technical matters and is too large or impractical to include in, or print as part of, the plan or proposed plan.
(2)
Material may be incorporated by reference in a plan or proposed plan—
(a)
in whole or in part; and
(b)
with modifications, additions, or variations specified in the plan or proposed plan.
(3)
Material incorporated by reference in a plan or proposed plan has legal effect as part of the plan or proposed plan.
(4)
Any material or documents that may be incorporated by reference under this schedule may be in electronic form, and may include any electronic tools, models, and databases that are appropriate for inclusion in a plan or proposed plan.
(5)
A requirement to provide a copy of any material or document incorporated by reference under this schedule is satisfied if an electronic copy is provided.
(6)
In this schedule, material includes a map.
2 Effect of amendments to, or replacement of, material incorporated by reference
An amendment to, or replacement of, material incorporated by reference in a plan or proposed plan has legal effect as part of the plan or proposed plan only if—
(a)
a variation that has merged into and become part of the proposed plan under Schedule 6 states that the amendment or replacement has that effect; or
(b)
an approved change made to the plan under Schedule 6 states that the amendment or replacement has that effect.
3 Proof of material incorporated by reference
(1)
A copy of material incorporated by reference in a plan or proposed plan, including any amendment to, or replacement of, the material (the material), must be—
(a)
certified as a correct copy of the material by the regional planning committee; and
(b)
retained by the committee.
(2)
The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence of the incorporation in the plan or proposed plan of the material.
4 Effect of expiry of material incorporated by reference
Material incorporated by reference in a plan or proposed plan that expires or is revoked, or that ceases to have effect, ceases to have legal effect as part of the plan or proposed plan only if—
(a)
a variation that has merged in and become part of the proposed plan under Schedule 6 states that the material ceases to have effect; or
(b)
a change to the plan made and approved under Schedule 6 states that the material ceases to have effect.
5 Consultation on proposal to incorporate material by reference
(1)
This clause applies to a proposed plan, a variation of a proposed plan, or a change to a plan—
(a)
that incorporates material by reference:
(b)
that states that an amendment to, or replacement of, material incorporated by reference in the proposed plan or plan has legal effect as part of the plan.
(2)
Before a regional planning committee publicly notifies a proposed plan, a variation of a proposed plan, or a change to a plan under clause 34 of Schedule 6, the regional planning committee must—
(a)
make copies of the material proposed to be incorporated by reference or the proposed amendment to, or replacement of, material incorporated by reference (the proposed material) available for inspection during working hours for a reasonable period at the offices of all local authorities within the region of the regional planning committee; and
(b)
make copies of the proposed material available for purchase in accordance with sections 757 to 759 at the offices of all local authorities within the region of the regional planning committee; and
(c)
give public notice, or inform the public by means of its Internet site, stating that—
(i)
the proposed material is available for inspection during working hours, the places at which it can be inspected, and the period during which it can be inspected; and
(ii)
copies of the proposed material can be purchased and the places at which they can be purchased; and
(d)
allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and
(e)
consider any comments they make.
(3)
The reference in subclause (2) to the proposed material includes, if the material is not in an official New Zealand language, an accurate translation of the material in an official New Zealand language.
(4)
A failure to comply with this clause does not invalidate a plan or proposed plan that incorporates material by reference.
6 Access to material incorporated by reference
(1)
The regional planning committee—
(a)
must make the material referred to in subclause (2) (the material) available for inspection during working hours at the offices of all local authorities within the region of the regional planning committee; and
(b)
must make copies of the material available for purchase in accordance with sections 757 to 759 at the offices of all local authorities within the region of the regional planning committee; and
(c)
must give public notice, at the same time as the public notification of the plan or plan change under clause 34 of Schedule 6, stating that—
(i)
the material is incorporated in a plan or proposed plan; and
(ii)
the material is available for inspection during working hours free of charge and the places at which it can be inspected; and
(iii)
copies of the material can be purchased and the places at which they can be purchased.
(2)
The material referred to in subclause (1) is—
(a)
material incorporated by reference in a plan or proposed plan:
(b)
any amendment to, or replacement of, that material that is incorporated in the plan or proposed plan or the material referred to in paragraph (a) with the amendments or replacement material incorporated:
(c)
if the material referred to in paragraph (a) or (b) is not in an official New Zealand language, as well as the material itself, an accurate translation of the material in an official New Zealand language.
Schedule 13 Environment Court
Contents
1 Interpretation
In this Act, unless the context otherwise requires,—
clause 94 order means an order made under clause 94
Environment Court means the Environment Court continued by clause 3
extended order means a clause 94 order with the extended effect described in clause 94(2)(b)
limited order means a clause 94 order with the limited effect described in clause 94(2)(a).
2 Overview of schedule
(1)
This schedule continues the Environment Court.
(2)
Part 1 is about the constitution of the court.
(3)
Part 2 is about the members of the court, including how they are appointed and their powers when sitting alone.
(4)
Part 3 sets out the powers of the court.
(5)
Part 4 is about court procedure.
(6)
Part 5 is about decisions and appeals.
(7)
Part 6 contains miscellaneous and general provisions.
Part 1 Constitution of Environment Court
3 Environment Court continued
(1)
There continues to be an Environment Court.
(2)
The court is the same court as the court that was continued by section 247 of the Resource Management Act 1991.
(3)
The court is a court of record.
(4)
The court has—
(a)
the jurisdiction and powers conferred on the court by or under this Act or any other Act; and
(b)
all the powers inherent in a court of record.
Compare: 1991 No 69 s 247
4 Seal
The Environment Court continues to have a seal, and the Registrar is responsible for the seal.
Compare: 1991 No 69 s 298
6 Environment Court sittings
(1)
The quorum for the Environment Court is—
(a)
1 Environment Judge and 1 Environment Commissioner sitting together; or
(b)
for the following purposes, 1 Environment Judge sitting alone:
(i)
to exercise any power described in clauses 15 to 18 (which set out the powers of an Environment Judge sitting alone); or
(ii)
to exercise any power conferred by the Chief Environment Court Judge under clause 19; or
(iii)
to hear any proceedings under Part 11 of this Act; or
(c)
1 Environment Commissioner sitting alone to exercise any power conferred under clauses 29 to 31.
(2)
In a proceeding that involves a question of tikanga Māori, the court must—
(a)
include an Environment Judge or alternate Environment Judge who has knowledge and expertise in tikanga Māori; or
(b)
include at least 1 Environment Commissioner or alternate Environment Commissioner who has knowledge and expertise in tikanga Māori; or
(c)
receive advice on the question from a pūkenga; or
(d)
otherwise ensure that the court has access to knowledge and expertise in tikanga Māori.
(3)
When an Environment Judge sits with an Environment Commissioner or special advisor, the Environment Judge presides at the sitting.
(4)
A decision of a majority of the members of the court present at a sitting is the decision of the court.
(5)
However, if there is no majority, the decision of the presiding member is the decision of the court.
Compare: 1991 No 69 s 265
7 Constitution of Environment Court cannot be questioned
(1)
The member of the Environment Court who presides at a sitting of the court has the sole discretion to decide whether the court has been properly constituted and convened.
(2)
The exercise of discretion under this clause cannot be questioned in proceedings before the court or in another court.
Compare: 1991 No 69 s 266
Part 2 Members of Environment Court
Environment Judges and alternate Environment Judges
8 Appointment of Environment Judges and alternate Environment Judges
(1)
The Governor-General may appoint an eligible person (see clause 10) as an Environment Judge or an alternate Environment Judge.
(2)
An appointment may be made only—
(a)
on the recommendation of the Attorney-General; and
(b)
after the Attorney-General consults the Minister for the Environment and the Minister for Māori Development; and
(3)
The Attorney-General must publish information explaining their process for—
(a)
seeking expressions of interest for the appointment of Environment Judges and alternate Environment Judges; and
(b)
nominating a person for appointment as an Environment Judge or an alternate Environment Judge.
Compare: 1991 No 69 s 250(1), (5)
9 Number of appointments
(1)
At any one time,—
(a)
no more than 10 Environment Judges may hold office; and
(b)
any number of alternate Environment Judges may hold office.
(2)
For the purpose of subclause (1)(a),—
(a)
an Environment Judge who is acting on a full-time basis counts as 1:
(b)
an Environment Judge who is acting on a part-time basis counts as an appropriate fraction of 1:
(c)
the aggregate number (for example, 7.5) must not exceed the maximum number of Environment Judges that is permitted.
Compare: 1991 No 69 s 250(3), (4)
10 Who is eligible for appointment as Environment Judge or alternate Environment Judge
Environment Judges
(1)
A person may be appointed an Environment Judge only if they are, or are eligible to be, a District Court Judge.
(2)
An appointee who is not a District Court Judge must be appointed to that office at the time of their appointment as an Environment Judge.
Alternate Environment Judges
(3)
A person may be appointed as an alternate Environment Judge only if—
(a)
they are a District Court Judge, an acting District Court Judge, a Māori Land Court Judge, or an acting Māori Land Court Judge; or
(b)
both of the following apply:
(i)
they are a retired Environment Judge under the age of 75 years; and
(ii)
the Chief Environment Court Judge certifies to the Attorney-General that the appointment is necessary for the proper conduct of the Environment Court.
(4)
However, a person eligible for appointment under subclause (3)(b)—
(a)
may be appointed as an alternate Environment Judge only for a term of not more than 2 years; and
(b)
may be reappointed for 1 or more terms; but
(c)
must not be appointed—
(i)
for a term that extends beyond the date on which the Judge reaches the age of 75 years; or
(ii)
for multiple terms that collectively total more than 5 years.
11 Tenure of office
(1)
An Environment Judge continues to hold that office until—
(a)
they resign or are removed from office under this Act; or
(b)
they cease to hold office as a District Court Judge.
(2)
An alternate Environment Judge continues to hold that office until—
(a)
they resign or are removed from office under this Act; or
(b)
they cease to hold an office that would make them eligible for appointment as an alternate Environment Judge (see clause 10(1) (eligibility for appointment); or
(c)
their term of appointment expires (see clause 10(4)).
Compare: 1991 No 69 s 250(2), (2B)
12 Restrictions on judges
(1)
An Environment Judge or alternate Environment Judge must not—
(a)
practise as a lawyer; or
(b)
undertake any other paid employment or hold any other office (whether paid or not) without the approval of the Chief Environment Court Judge.
(2)
However, subclause (1)(b) does not apply to another office if any legislation permits or requires the office to be held by a Judge.
(3)
The Chief Environment Court Judge may approve other employment or another office only if they are satisfied that the other employment or office is consistent with judicial office.
13 Protocol containing guidance on Judges’ activities
(1)
The Chief Justice must develop and publish a protocol that contains guidance on—
(a)
the employment, or types of employment, that they consider may be undertaken consistent with being an Environment Judge or alternate Environment Judge; and
(b)
the offices, or types of offices, that they consider may be held consistent with being an Environment Judge or alternate Environment Judge.
(2)
The Chief Justice must consult with the Chief Environment Court Judge when preparing the protocol.
14 When an alternate Environment Judge may act
(1)
An alternate Environment Judge may act as an Environment Judge when the Chief Environment Court Judge considers it necessary for them to do so.
(2)
The Chief Environment Court Judge must make their decision under subclause (1) in consultation with the Chief District Court Judge or the Chief Māori Land Court Judge.
(3)
When an alternate Environment Judge acts as an Environment Judge,—
(a)
they are a member of the Environment Court for all purposes; and
(b)
they have the jurisdiction, powers, protections, privileges, and immunities of a District Court Judge under the District Court Act 2016.
Compare: 1991 No 69 ss 250(2A), 252
Powers of Environment Judge sitting alone
15 Power to make orders and declarations generally
An Environment Judge sitting alone may make any of the following:
(a)
an order in the course of proceedings:
(b)
an order that is not opposed:
(c)
an order about any matter that the parties to the proceedings agree should be heard and decided by an Environment Judge sitting alone:
(d)
an order giving directions about service of anything:
(e)
an order in any proceedings when the matter at issue is substantially a question of law only:
(f)
an order, made on the application of a party to proceedings when the matter at issue is substantially a question of law only, directing that those proceedings should be heard and decided by an Environment Judge sitting alone:
(g)
an order, in any proceedings where questions of law and other matters are raised, directing that any proceedings should be heard and decided by 1 Environment Judge and 1 Environment Commissioner sitting together:
(h)
an order about costs:
(i)
an order to approve or decline an application for a rehearing:
(j)
an order on any appeal against a requirement to pay an administrative charge:
(k)
an order directing that any decision under section 241 (deferral pending application for additional consents) be revoked.
Compare: 1991 No 69 s 279(1)
16 Power to give waivers and directions
An Environment Judge sitting alone may waive a requirement or give a direction under clause 89.
Compare: 1991 No 69 s 279(2)(b)
17 Power to make orders protecting sensitive information
(1)
An Environment Judge sitting alone may make any of the following orders (which relate to protecting sensitive information):
(a)
on an application made under clauses 91(3) and 119(4) of Schedule 6, an order cancelling or varying any order made by an authority or IHP under those clauses:
(b)
on an application made at any stage of proceedings before the Environment Court, an order described in clause 91 of Schedule 6 with the same effect as an order made under clause 91 of Schedule 6.
(2)
However, the Judge must first have regard to the matters set out in clause 91 of Schedule 6 and to any other matters that the Judge thinks fit.
(3)
The Judge—
(a)
may make an order under this clause on any terms that the Judge thinks fit; or
(b)
may decline to make an order under this clause.
Compare: 1991 No 69 s 279(3)
18 Power to strike out all or part of case
(1)
An Environment Judge sitting alone may, at any stage of proceedings, make an order that the whole or any part of a person’s case be struck out if the Judge considers—
(a)
that it is frivolous or vexatious; or
(b)
that it shows no reasonable or relevant case in respect of the proceedings; or
(c)
that it would otherwise be an abuse of the process of the Environment Court to allow the case to be taken further.
(2)
The Judge may make an order under this clause on any terms that the Judge thinks fit.
Compare: 1991 No 69 s 279(4)
19 Powers conferred by Chief Environment Court Judge
(1)
An Environment Judge sitting alone may exercise powers conferred by the Chief Environment Court Judge under this clause.
(2)
The Chief Environment Court Judge—
(a)
may confer any power of the Environment Court; and
(b)
may confer a power—
(i)
generally or in relation to a particular matter; and
(ii)
on any terms and conditions that the Chief Environment Court Judge thinks fit.
Compare: 1991 No 69 s 279(2)(a), (5)
Chief Environment Court Judge
20 Chief Environment Court Judge
(1)
The Governor-General may appoint an Environment Judge as the Chief Environment Court Judge.
(2)
The appointment may be made only on the recommendation of the Attorney-General.
(3)
The Chief Environment Court Judge—
(a)
must ensure the orderly and efficient conduct of the Environment Court’s business; and
(b)
may, for that purpose, decide which members of the court are to exercise the court’s jurisdiction in particular matters or classes of matters and in particular places and areas.
(4)
However, the Chief Environment Court Judge’s power to make decisions under subclause (3)(b)—
(a)
is subject to the provisions of this Act or any other Act; and
(b)
may be exercised only after the Chief Environment Court Judge consults Environment Judges to the extent that the Chief Environment Court Judge considers appropriate and practicable.
Compare: 1991 No 69 s 251
21 Appointment of acting Chief Environment Court Judge
(1)
This clause applies if—
(a)
the Chief Environment Court Judge is unable to exercise the duties of office because of illness, absence from New Zealand, or any other reason; or
(b)
the office of Chief Environment Court Judge is vacant.
(2)
The Governor-General may appoint another Environment Judge to act in place of the Chief Environment Court Judge until the Chief Environment Court Judge resumes the duties of that office or a successor is appointed.
(3)
While acting in place of the Chief Environment Court Judge, the acting Chief Environment Court Judge—
(a)
may perform the functions and duties of the Chief Environment Court Judge; and
(b)
may, for that purpose, exercise all the powers of the Chief Environment Court Judge.
Compare: 1991 No 69 s 251A
Environment Commissioners and Deputy Environment Commissioners
22 Appointment of Environment Commissioner or Deputy Environment Commissioner
(1)
The Governor-General may appoint a suitable person (see clause 24) as an Environment Commissioner or a Deputy Environment Commissioner.
(2)
An appointment may be made only—
(a)
on the recommendation of the Attorney-General; and
(b)
after the Attorney-General consults the Minister for the Environment and the Minister for Māori Development.
(3)
A person—
(a)
may be appointed as an Environment Commissioner or Deputy Environment Commissioner for a period not exceeding 5 years; and
(b)
may be reappointed any number of times.
Compare: 1991 No 69 s 254(1)–(2)
23 Number of appointments
At any one time, any number of Environment Commissioners or Deputy Environment Commissioners may hold office.
Compare: 1991 No 69 s 254(3)
24 Who is suitable for appointment as Environment Commissioner or Deputy Environment Commissioner
(1)
This clause applies when the Attorney-General is considering whether a person is suitable to be appointed as an Environment Commissioner or Deputy Environment Commissioner.
(2)
The Attorney-General must have regard to the need to ensure that the Environment Court possesses a mix of knowledge and experience in matters coming before the court, including knowledge and experience in—
(a)
economic, commercial, and business affairs, local government, and community affairs:
(b)
planning, resource management, and heritage protection:
(c)
environmental science, including the physical and social sciences:
(d)
architecture, engineering, surveying, minerals technology, and building construction:
(e)
alternative dispute resolution processes:
(f)
matters relating to te Tiriti o Waitangi and kaupapa Māori:
(g)
matters relating to te ao Māori, tikanga Māori, and mātauranga Māori.
Compare: 1991 No 69 s 253
25 Term of appointments
(1)
An Environment Commissioner or Deputy Environment Commissioner continues to hold that office until—
(a)
they resign or are removed from office under this Act; or
(b)
their term of appointment expires (see clause 22(3)).
(2)
Despite subclause (1)(b), an Environment Commissioner or Deputy Environment Commissioner whose term of appointment expires may, even if they are not reappointed, continue in office until their successor comes into office.
Compare: 1991 No 69 s 254(4)
26 Oath of office
(1)
A person appointed as an Environment Commissioner or a Deputy Environment Commissioner must take an oath of office that they will honestly and impartially perform the duties of the office.
(2)
The person must take the oath before they undertake any duties of the office.
Compare: 1991 No 69 s 256
27 Remuneration of Environment Commissioners and Deputy Environment Commissioners
(1)
Each Environment Commissioner and Deputy Environment Commissioner—
(a)
must be paid a salary, or a fee, or an allowance, at the rate determined by the Remuneration Authority; and
(b)
must be paid any additional allowances (including travelling allowances and expenses) in accordance with the Fees and Travelling Allowances Act 1951.
(2)
Expenses may be incurred, without further appropriation than this section, to meet the salaries, fees, or allowances determined under subclause (1)(a).
(3)
For the purposes of subclause (1)(b), the Fees and Travelling Allowances Act 1951 applies as if each Environment Commissioner and Deputy Environment Commissioner were a member of a statutory board as defined in section 2 of that Act.
Compare: 1991 No 69 s 263
28 When a Deputy Environment Commissioner may act
(1)
A Deputy Environment Commissioner may act in place of an Environment Commissioner when—
(a)
the Environment Commissioner is unavailable; or
(b)
the Chief Environment Court Judge considers it necessary that the Deputy Environment Commissioner act.
(2)
When a Deputy Environment Commissioner is acting for an Environment Commissioner, the Deputy Environment Commissioner must be considered as an Environment Commissioner of the Environment Court for all purposes.
Compare: 1991 No 69 s 255
Powers of Environment Commissioners sitting without Environment Judge
29 Powers conferred by Chief Environment Court Judge
(1)
One or more Environment Commissioners sitting without an Environment Judge may exercise powers conferred by the Chief Environment Court Judge under this clause.
(2)
The Chief Environment Court Judge—
(a)
may confer any power of the Environment Court; and
(b)
may confer a power—
(i)
generally or in relation to a particular matter; and
(ii)
on any terms and conditions that the Chief Environment Court Judge thinks fit.
(3)
The powers that may be conferred include—
(a)
the power to issue a summons to require the attendance of a witness; and
(b)
the power to convene a conference under clause 57.
Compare: 1991 No 69 s 280(1)
30 Powers conferred by Environment Judge
(1)
One or more Environment Commissioners sitting without an Environment Judge may exercise powers conferred by an Environment Judge under this clause.
(2)
An Environment Judge may confer a power only if—
(a)
the proceedings relate to an appeal under section 313 (which provides a right of appeal against a consent authority’s decision about a resource consent or consent conditions); and
(b)
the power is one that clauses 15 to 18 confer on an Environment Judge sitting alone; and
(c)
the power is conferred in relation to a particular matter; and
(d)
the power is conferred after a conference is held under clause 57 in relation to that matter.
(3)
A power may be conferred on any terms and conditions that the Environment Judge thinks fit.
Compare: 1991 No 69 s 280(1AA)
31 Powers conferred by or under Act
One or more Environment Commissioners sitting without an Environment Judge may do anything else that this Act empowers them to do.
32 Review of exercise of power by Environment Commissioners
(1)
Any party affected by the exercise of any power under clauses 29 to 31 may, within 15 working days after the exercise of that power, apply in writing to an Environment Judge for leave to make an application for a review of the exercise of that power by a fully constituted Environment Court.
(2)
If an Environment Judge grants leave, the party may, within a further 7 working days, apply in writing for a review of the exercise of that power by a fully constituted Environment Court.
(3)
The court, after reviewing the exercise of the power, may substitute or set aside the Environment Commissioner’s decision and make any further or other orders that the case requires.
Compare: 1991 No 69 s 280(2)–(4)
33 Power to take declarations or affidavits
An Environment Commissioner may take a declaration or an affidavit.
Compare: 1991 No 69 s 280(1B)
Removal and resignation of members
34 Resignation of members
An Environment Judge, alternate Environment Judge, Environment Commissioner, or Deputy Environment Commissioner may resign from office at any time by written notice to the Attorney-General.
Compare: 1991 No 69 s 257
35 Removal of members
(1)
The Governor-General may, on the advice of the Attorney-General, remove an Environment Judge, alternate Environment Judge, Environment Commissioner, or Deputy Environment Commissioner from their office on the grounds of inability or misbehaviour.
(2)
The removal of a District Court Judge from office as an Environment Judge or an alternate Environment Judge does not remove them from office as a District Court Judge.
Compare: 1991 No 69 s 258
Special advisors
36 Special advisors
(1)
The Chief Environment Court Judge may appoint, as a special advisor, a person who is able to assist the Environment Court in a proceeding before it.
(2)
A special advisor is not a member of the court but may sit with it and assist it in any way the court decides.
Compare: 1991 No 69 s 259
37 Remuneration of special advisors
(1)
Every special advisor is entitled to be paid, out of money appropriated by Parliament for the purpose,—
(a)
remuneration by way of fees, salary, or allowances; and
(b)
travelling allowances and expenses.
(2)
The Fees and Travelling Allowances Act 1951 applies to payments for the purpose of this clause as if every special advisor were a member of a statutory board.
Compare: 1991 No 69 s 263
Registrar and other officers of court
38 Registrar and other officers of court
(1)
The Environment Court—
(a)
must have a Registrar; and
(b)
may have 1 or more Deputy Registrars; and
(c)
may have other persons to assist it in an administrative capacity.
(2)
The Registrar, a Deputy Registrar, and every other person assisting the court (other than as a special advisor) must—
(a)
be appointed under the Public Service Act 2020; and
(b)
be officers of the court.
(3)
A Deputy Registrar has all the powers, functions, duties, and immunity of the Registrar, subject to the control of the Registrar.
(4)
An officer of the court may also hold another office or employment in the public service.
Compare: 1991 No 69 s 260
Powers of Registrar
39 Powers of Registrar
(1)
The Registrar may, if directed to do so by an Environment Judge, act on behalf of the Environment Court or an Environment Judge to do something that is preliminary or incidental to any proceedings, including—
(a)
to issue a summons to require the attendance of a witness; and
(b)
to make an order for the production of documents; and
(c)
to convene a conference under clause 57.
(2)
An order made by the Registrar under this clause, or an application granted by the Registrar under clause 89 (waivers and directions), must be treated as if it were an order of the court.
(3)
The Registrar may do anything else that this Act empowers the Registrar to do.
Compare: 1991 No 69 s 278(3)–(4)
40 Review of exercise of power by Registrar
(1)
A person directly affected by the exercise of a power by the Registrar may apply to an Environment Judge to reconsider the matter.
(2)
The application must be by notice to the Registrar and other persons affected.
(3)
The notice must be given within 10 working days after the Registrar’s decision or action.
(4)
The Environment Judge may confirm, modify, or reverse the decision of the Registrar.
Compare: 1991 No 69 s 281B
41 Power to take declarations or affidavits
A Registrar may take a declaration or an affidavit.
Compare: 1991 No 69 s 278(5)
Protection from legal proceedings
42 Protection from legal proceedings
(1)
No action lies against any member of the Environment Court for anything they say, do, or omit to say or do while acting in good faith in the performance of their duties.
(2)
The immunity conferred by subclause (1) also applies in relation to functions and duties of a current, former, or retired Environment Judge or a retired High Court Judge under any of the following provisions:
(a)
clause 75 of Schedule 10 (Minister to appoint board of inquiry):
(b)
clause 11 of Schedule 5 (board of inquiry):
(c)
clause 94 of Schedule 6 (IHPs established for each region).
(3)
A member of the court who is a District Court Judge has the immunities conferred by section 23 of the District Court Act 2016 (that is, the same immunities as a Judge of the High Court) in relation to all functions and duties performed by the Judge under this Act.
(4)
No action lies against the Registrar for anything the Registrar says, does, or omits to say or do while acting in good faith under any of the following clauses:
(a)
clause 39 (powers of Registrar):
(b)
clause 89(5) (waivers and directions):
(c)
clause 90 (Registrar may waive, reduce, or postpone payment of fee).
(5)
No action lies against a special advisor appointed under clause 36 for anything they say, do, or omit to say or do while acting in good faith in the performance of their duties.
Compare: 1991 No 69 s 261
Environment Court members who are ratepayers
43 Environment Court members who are ratepayers
A member of the Environment Court is not considered to have an interest in a proceeding before the court solely on the ground that the member is a ratepayer.
Compare: 1991 No 69 s 262
Part 3 Powers of Environment Court
General
44 Environment Court has powers of District Court
The Environment Court and Environment Judges have the same powers that the District Court has in the exercise of its civil jurisdiction.
Compare: 1991 No 69 s 278(1)
Appeals and inquiries
45 Powers of court for appeals and inquiries
(1)
The Environment Court has the same power, duty, and discretion, in respect of a decision that is the subject of an appeal or inquiry, as the person who made that decision.
(2)
The court may—
(a)
confirm, amend, or cancel a decision that is the subject of an appeal; or
(b)
recommend, in the case of a decision that is the subject of an inquiry, that the decision be confirmed, amended, or cancelled.
(3)
In deciding an appeal or inquiry, the Environment Court must have regard to the decision that is the subject of the appeal or inquiry.
(4)
Nothing in this clause affects any specific power or duty the court has under this Act or any other legislation.
46 Powers of court in regard to certain appeals relating to plans
(1)
This clause applies when the Environment Court is hearing an appeal under this Act where the appeal concerns a plan and relates to section 133(1).
(2)
The court may consider only the question of law raised.
Compare: 1991 No 69 s 290AA
Plans
47 Remedying defects in plans
(1)
The Environment Court may, in any proceedings before it, direct a regional planning committee to amend an operative plan to which the proceedings relate in order to—
(a)
remedy any mistake, defect, or uncertainty; or
(b)
give full effect to the plan.
(2)
Schedule 6 does not apply to the amendment.
Compare: 1991 No 69 s 292
48 Environment Court may order change to proposed plans
(1)
This clause applies after the Environment Court hears an appeal against, or an inquiry into, the provisions of any proposed plan that is before the court.
(2)
The court may—
(a)
direct the regional planning committee to—
(i)
prepare changes to the proposed plan to address any matters identified by the court:
(ii)
consult the parties and other persons that the court directs about the changes:
(iii)
submit the changes to the court for confirmation:
(b)
give other directions related to any of those matters that it considers necessary for the purposes of the appeal.
(3)
The court must state its reasons for giving a direction.
(4)
Subclause (5) applies if the court finds that a proposed plan that is before the court departs from—
(a)
the national planning framework:
(b)
a water conservation order.
(5)
The court may allow a departure to remain if it considers that it has minor significance and does not affect the general intent and purpose of the proposed plan.
(6)
In subclauses (4) and (5), departs and departure mean that a proposed plan does not give effect to—
(a)
the national planning framework; or
(b)
a water conservation order.
Compare: 1991 No 69 s 293
49 Decisions on agreements made under Marine and Coastal Area (Takutai Moana) Act 2011 relating to protected customary rights
(1)
This clause applies to a decision made by the Environment Court on—
(a)
an appeal that relates to—
(i)
a submission made in reliance on section 204(2)(a):
(ii)
a request made in reliance on section 204(2)(b):
(b)
an application made under section 204(2)(c).
(2)
The court must—
(a)
decide the matters referred to in subclause (1) in accordance with clause 137 of Schedule 6; and
(b)
consider the matters set out in section 204(3).
(3)
An application made under section 204(2)(c) must be—
(a)
made in accordance with clause 51; and
(b)
without limiting the discretion about service under clause 51, served on every relevant local authority and regional planning committee.
Compare: 1991 No 69 s 293A
Part 4 Procedure
General
50 Court procedure
(1)
Except as expressly provided in this Act, the Environment Court may regulate its own proceedings in the way it thinks fit.
(2)
However, the court must regulate its proceedings in a way that best promotes their timely and cost-effective resolution.
(3)
Court proceedings may be conducted without procedural formality where it is consistent with fairness and efficiency.
(4)
The court must recognise tikanga Māori where appropriate.
(5)
The court may, in any proceedings or any conference under clause 57, use or allow the use of any telecommunication facility that will assist in the fair and efficient determination of the proceedings or conference.
Compare: 1991 No 69 s 269
51 Originating applications
(1)
Every originating application to the Environment Court must be made by notice of motion, except as otherwise provided in this Act or any other legislation.
(2)
The notice of motion—
(a)
must specify the order sought, the grounds on which the application is made, and the persons the notice is to be served on; and
(b)
must be supported by an affidavit about the matters that give rise to the application.
(3)
The applicant must, as soon as is reasonably practicable after lodging a notice of motion with the Registrar, serve copies of the notice and affidavit on any persons that are parties to the application and advise the Registrar accordingly.
(4)
An Environment Judge may at any time direct the applicant to serve a copy of the notice of motion and affidavit on any other person.
(5)
If a person who has been served a notice of motion wishes to be heard on the application, they must give written notice to the Registrar and the applicant of their wish to be heard and the matters they wish to raise.
(6)
A written notice for the purpose of subclause (5) must be—
(a)
given in the form approved by the Registrar; and
(b)
given within 15 working days after the date of service of the relevant notice of motion.
Compare: 1991 No 69 s 291
52 Court may refer questions of law to High Court
(1)
The Environment Court may, in any proceedings before it,—
(a)
state a case for the opinion of the High Court on any question of law that arises in the proceedings; and
(b)
either conclude the proceedings subject to that opinion or adjourn them until after the opinion has been given.
(2)
A case is stated under this clause when it is settled and signed by an Environment Judge and sent to the Registrar at the appropriate registry of the High Court.
(3)
The Environment Court may ask the Registrar at the appropriate registry of the High Court to set a date for the stated case to be heard.
(4)
However, the Environment Court may make a request under subclause (3) only after it gives the parties notice of its intention to do so.
(5)
For the purposes of this clause, the appropriate registry of the High Court is the office of the High Court nearest to the place where the appeal, inquiry, or other proceedings was, or is being, conducted.
Compare: 1991 No 69 s 287
Representation at proceedings
53 Who may be represented at proceedings
Minister, local authorities, or Attorney-General representing public interest
(1)
The following persons may be a party to any proceedings before the Environment Court:
(a)
the Minister:
(b)
a local authority:
(c)
the Attorney-General representing a relevant aspect of the public interest.
(2)
The court may allow any other person representing a relevant aspect of the public interest to be a party to any proceedings before the court if the court thinks the person’s participation will assist the court in addressing the issues in the proceedings.
Persons with interest greater than general public
(3)
A person may be a party to any proceedings before the Environment Court if they have an interest in the proceedings that is greater than the interest that the general public has.
(4)
However, subclause (3) is subject to sections 216 and 217 (which limit a person’s options to oppose trade competitors).
(5)
To decide whether a person has an interest in proceedings greater than the interest that the general public has, the Environment Court must have regard to every relevant statutory acknowledgment.
Persons who make submissions
(6)
A person may be a party to any proceedings before the Environment Court if—
(a)
the person makes a submission about the subject matter of the proceedings; and
(b)
either—
(i)
the submission complies with section 215 and clauses 24(4) and 36(3) of Schedule 6 (which limit the making of submissions), to the extent that those provisions are relevant to the submission; or
(ii)
none of those provisions are relevant to the submission.
Parties under this clause must not oppose withdrawal or abandonment of proceedings
(7)
A person who becomes a party to any proceedings under this clause must not oppose the withdrawal or abandonment of the proceedings, unless the proceedings were brought by a person who made a submission in the previous proceedings on the same matter.
Compare: 1991 No 69 s 274(1), (5), (6)
54 How to become party to proceedings
(1)
This clause applies to a person who is entitled to be represented at proceedings before the Environment Court (see clause 53).
(2)
The person may become a party to the proceedings by giving notice within 15 working days after—
(a)
the period for lodging a notice of appeal ends, if the proceedings are an appeal:
(b)
the decision to hold an inquiry, if the proceedings are an inquiry:
(c)
the proceedings are commenced, in any other case.
(3)
The notice must be given to—
(a)
the court; and
(b)
the relevant local authority; and
(c)
the relevant regional planning committee; and
(d)
either—
(i)
in the case of an appeal, the appellant; or
(ii)
in the case of any other proceedings, the person who commenced them.
(4)
The notice must state—
(a)
the proceedings in which the person has an interest; and
(b)
whether the person supports or opposes the proceedings and the reasons for that support or opposition; and
(c)
if applicable, the grounds for seeking representation (see clause 53); and
(d)
an address for service.
(5)
The person giving notice must, no later than 5 working days after the deadline that applies under subclause (2), give the same notice to all other parties to the proceedings.
Compare: 1991 No 69 s (2)–(3)
55 Personal appearance or by representative
A person who has a right to appear, or is allowed to appear, before the Environment Court may appear in person, remotely under clause 58(2)(b), or be represented by another person.
Compare: 1991 No 69 s 275
56 Successors to parties to proceedings
(1)
If a person brings proceedings before the Environment Court, the proceedings are deemed to be also brought on behalf of—
(a)
the person’s personal representatives; and
(b)
the successors, if any, to the rights or interests affected by the proceedings.
(2)
Every party appearing in proceedings before the court is deemed to appear also on behalf of—
(a)
the party’s personal representatives; and
(b)
the successors, if any, to the rights or interests affected by the proceedings.
Compare: 1991 No 69 s 273
Conferences
57 Convening conference
(1)
An Environment Judge must, as soon as practicable after proceedings are lodged, consider whether to convene a conference presided over by a member of the Environment Court.
(2)
Any party to the proceedings may ask an Environment Judge to convene a conference.
Compare: 1991 No 69 s 267(1)(a), (2)
58 Requirement to be present at conference
(1)
An Environment Judge may, at any time after proceedings are lodged, require that any of the following be present at a conference presided over by a member of the Environment Court:
(a)
the parties:
(b)
any Minister, local authority, or other person that or who has given notice of intention to appear under clause 54 (representation at proceedings).
(2)
Each person required to be present at a conference must—
(a)
be present in person; or
(b)
by agreement with the court, participate remotely by any audio-visual link (as defined in section 3 of the Courts (Remote Participation) Act 2010); or
(c)
have at least 1 representative present who has the authority to make decisions on the person’s behalf on any matters that may reasonably be expected to arise at the conference.
Compare: 1991 No 69 s 267(1)(b), (1A)
59 Powers of member of court presiding at conference
(1)
The member of the Environment Court who presides at a conference may, after giving the parties an opportunity to be heard, do all or any of the following things:
(a)
direct that the pleadings be amended in the way that the member thinks necessary:
(b)
direct that any admissions that have been made by any party, and that do not appear in the pleadings, be recorded in the way that the member thinks fit:
(c)
define the issues to be tried:
(d)
direct that any issue, whether of fact or of law or of both, be tried before any other issue:
(e)
set the dates by which the respective parties must deliver to the court, and to the other parties, statements of the evidence to be given on behalf of the respective parties:
(f)
direct the order in which the parties must present their respective cases:
(g)
direct the order in which a party may cross-examine witnesses called on behalf of any other party:
(h)
limit the number of addresses and cross-examinations of witnesses by parties having the same interest:
(i)
direct that the evidence, or the evidence of any particular witness or witnesses, be given—
(i)
orally in open hearing; or
(ii)
by affidavit; or
(iii)
by pre-recorded statement or report duly sworn by the witness before or at the hearing; or
(iv)
by any combination of these ways of testifying:
(j)
decide any question of admissibility about any evidence that a party proposes to tender at the hearing:
(k)
require further or better information about any matters connected with the proceedings:
(l)
adjourn the conference to allow for consultations among the parties:
(m)
give any further or other directions that the member considers necessary.
(2)
If a direction is made under subclause (1)(i) (about how evidence is given), any opposing party must, if they require it, have the opportunity to cross-examine any witness.
(3)
The member of the court who presides at a conference—
(a)
must ensure that the parties are given an opportunity to make any admissions, and any agreements about the conduct of the proceedings, that ought reasonably to be made by them; and
(b)
may, with a view to any special order about costs that may be made at the hearing, ensure that a record is made, in the form that the member directs, of any refusal to make an admission or agreement.
Compare: 1991 No 69 s 267(3), (4)
Alternative dispute resolution
60 Alternative dispute resolution
(1)
At any time after proceedings are lodged, the Environment Court may, to help resolve a matter, ask a member of the court or another person to conduct an ADR process before or at any time during the course of a hearing.
(2)
The court may act under this clause on its own motion or on request.
(3)
A member of the court who conducts an ADR process is not disqualified from resuming their role as a member of the court to decide a matter if—
(a)
the parties agree that the member should resume their role and decide the matter; and
(b)
the member concerned and the court are satisfied that it is appropriate for the member to do so.
(4)
In this Act, ADR process means an alternative dispute resolution process (for example, mediation) designed to help resolve a matter.
Compare: 1991 No 69 s 268
61 Mandatory participation in alternative dispute resolution processes
(1)
This clause applies to an ADR process conducted under clause 60.
(2)
Each party to the proceedings must participate in the ADR process in person or by a representative, unless they are excused under this clause.
(3)
A party to the proceedings may apply to the Environment Court to be excused from the ADR process.
(4)
The court may approve the application if it considers that it is not appropriate for the applicant to participate in the ADR process.
(5)
Each person required to participate in an ADR process must—
(a)
be present in person; or
(b)
by agreement with the court, participate remotely by any audio-visual link (as defined in section 3 of the Courts (Remote Participation) Act 2010); or
(c)
have at least 1 representative present who has the authority to make decisions on behalf of the person represented on any matters that may reasonably be expected to arise in the ADR process.
Compare: 1991 No 69 s 268A
Hearing
62 Hearing of proceedings
(1)
The Environment Court must hear and decide all proceedings as soon as practicable after the date on which they are lodged with it.
(2)
However, the court need not comply with subclause (1) if, in the circumstances of a particular case, the court does not consider it appropriate to do so.
(3)
The Registrar must—
(a)
set the time and place of the hearing of proceedings before the court, in accordance with any requirements set by regulations made under section 801; and
(b)
give each party to the proceedings not less than 15 working days’ notice of the time and place set for the hearing.
(4)
An Environment Judge may, if they think fit, reduce the period of notice required by subclause (3)(b) in any particular case.
(5)
If a person who has initiated proceedings before the court fails, without sufficient cause, to appear before the court at the time and place set for the hearing, the court may dismiss the proceedings.
Compare: 1991 No 69 s 272
63 Hearing matters together
(1)
The Environment Court must hear 2 or more proceedings together if they relate to the same subject matter, unless the court considers that that would be impracticable, unnecessary, or undesirable.
(2)
Subclause (1) applies whenever the court has jurisdiction to hear the proceedings, whether they arise under this Act or any other legislation.
Compare: 1991 No 69 s 270
64 Local hearings
Unless the parties agree otherwise, the Environment Court must conduct a conference or hearing at a place that is as near as the court considers convenient to the locality of the subject matter to which the proceedings relate.
Compare: 1991 No 69 s 271
Evidence
65 Who may call evidence at proceedings
(1)
A person who becomes a party to the proceedings under clause 53 may appear and call evidence.
(2)
However, evidence must not be called unless—
(a)
it is on a matter that is within the scope of the appeal, inquiry, or other proceeding; and
(b)
if the person becomes a party under clause 53(6) by making a submission, it is on a matter—
(i)
that arises out of that person’s submissions in the previous related proceedings; or
(ii)
on which that person could have appealed.
Compare: 1991 No 69 s (4)–(4B)
66 Evidence
(1)
The Environment Court may—
(a)
receive anything in evidence that it considers appropriate to receive; and
(b)
call for anything to be provided in evidence that it considers will assist it to make a decision or recommendation; and
(c)
call before it a person to give evidence who, in its opinion, will assist it in making a decision or recommendation.
(2)
The court may, whether or not the parties consent,—
(a)
accept evidence that was presented at a hearing held by the consent authority under clause 78 of Schedule 6:
(b)
direct how evidence must be given to the court.
(3)
The Evidence Act 2006 applies to Environment Court proceedings, except that the court may accept, admit, and call for any evidence that it considers appropriate in the proceedings even though the evidence is not otherwise admissible under the rules of law about evidence.
(4)
The court may receive evidence written or spoken in Māori, and Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 applies accordingly.
Compare: 1991 No 69 s 276
67 Evidence of documents
(1)
If a copy of, or extract from, a plan is certified, it is admissible in evidence in legal proceedings to the same extent as the original document.
(2)
In this clause, certified means certified to be a true copy by the principal administrative officer or by any other authorised officer of the relevant local authority.
Compare: 1991 No 69 s 276A
68 Hearings and evidence generally must be held in public
(1)
All hearings of the Environment Court must be held in public except as provided in this clause.
(2)
The court may do either or both of the following if it considers that the reasons for doing so outweigh the public interest in a public hearing and publication of evidence:
(a)
order that any evidence be heard in private:
(b)
prohibit or restrict the publication of any evidence.
Compare: 1991 No 69 s 277
69 Order for discovery or production of documents
An application for an order for discovery or production of documents may be made only with the leave of an Environment Judge.
Compare: 1991 No 69 s 278(2)
Witnesses
70 Witness expenses
(1)
A witness who is summoned to attend the Environment Court is entitled to be paid, by the party requiring their attendance, expenses for travelling and maintenance while absent from their usual residence.
(2)
The expenses must be paid in accordance with the scale of allowances for witnesses in civil cases under the District Court Act 2016.
(3)
When a witness is called or evidence is obtained by the court, the court may direct that the expenses incurred—
(a)
form part of the costs of the proceedings; or
(b)
be paid from money appropriated by Parliament for the purpose.
Compare: 1991 No 69 s 284
71 Offence to disobey witness summons or refuse to co-operate
(1)
A person commits an offence if, without reasonable cause, they—
(a)
fail to appear in accordance with a summons issued by an Environment Judge, an Environment Commissioner, or the Registrar, or fail to produce anything that the summons requires them to produce; or
(b)
refuse to be sworn or to give evidence at proceedings before the Environment Court; or
(c)
refuse to answer a question put by a member of the court during proceedings before the court.
(2)
It is a defence to a charge under subclause (1) that the person was not given travelling expenses in accordance with the scale for witnesses in civil cases under the District Court Act 2016 either—
(a)
at the time the summons was served; or
(b)
at some reasonable time before the hearing.
(3)
A person who commits an offence against this clause is liable on conviction to a fine not exceeding $1,500.
Compare: 1991 No 69 ss 283, 338(3)(b), 339(3)
72 Who may take affidavit
Any of the following persons may take an affidavit or a statutory declaration to be used in the Environment Court:
(a)
the Registrar:
(b)
an Environment Commissioner:
(c)
any person authorised by or under the District Court Act 2016 to take an affidavit or an affirmation to be used in the District Court (see section 104 of that Act).
Privileges and immunities
73 Privileges and immunities
Witnesses and counsel appearing before the Environment Court have the same privileges and immunities as they have when they appear in the same capacity in proceedings in the District Court.
Compare: 1991 No 69 s 288
Part 5 Decisions and appeals
Decisions of Environment Court
75 Review of court decision by rehearing
(1)
This clause applies if, after the Environment Court gives a decision,—
(a)
new and important evidence becomes available that might have affected the decision; or
(b)
there has been a change in circumstances that might have affected the decision.
(2)
The court may order a rehearing of the proceedings on any terms and conditions that it thinks reasonable.
(3)
Any party may apply to the court for a rehearing of the proceedings.
(4)
If the court receives an application under subclause (3), the court must—
(a)
give notice to the other parties concerned and hear any evidence that it thinks fit; and
(b)
decide whether to order a rehearing under subclause (2).
(5)
The decision of the court on the reheard proceedings has the same effect as a decision of the court on the original proceedings.
Compare: 1991 No 69 s 294
76 No other review of decisions unless right of appeal or reference to inquiry exercised
(1)
This clause applies if a person has a right, under this Act or any other legislation, to—
(a)
refer a matter for inquiry to the Environment Court; or
(b)
appeal to the Environment Court against a decision that is made under this Act or any other legislation by a local authority, consent authority, or any other person.
(2)
In relation to that matter or decision, the following restrictions apply until the right has been exercised and the court has made a decision:
(a)
the person cannot apply for review under the Judicial Review Procedure Act 2016; and
(b)
the High Court cannot hear any proceedings that seek a declaration, an injunction, or a writ of or in the nature of mandamus, prohibition, or certiorari.
Compare: 1991 No 69 s 296
77 Court decisions must be in writing
(1)
This clause applies to—
(a)
any decision, determination, or order of the Environment Court, unless it is pronounced orally at a sitting of the court; and
(b)
any report, recommendation, or determination made by the court on an inquiry.
(2)
The decision, determination, order, report, or recommendation must be—
(a)
in writing; and
(b)
signed by the member who presided at the hearing or inquiry or by a majority of the members who sat on the hearing or inquiry; and
(c)
authenticated with the seal of the court.
Compare: 1991 No 69 s 297
78 Judicial notice of sealed documents
All courts and persons acting judicially must take judicial notice of any document that bears the seal of the court.
Compare: 1991 No 69 s 298
Appeals from Environment Court decisions
79 Appeal to High Court on question of law
(1)
A party to a proceeding before the Environment Court under this Act or any other legislation may appeal on a question of law to the High Court against any decision, report, or recommendation that the Environment Court makes in the proceeding.
(2)
The appeal must be made in accordance with the High Court Rules 2016, except to the extent that those rules are inconsistent with clauses 80 to 87.
Compare: 1991 No 69 s 299
80 Notice of appeal
(1)
A party (the appellant) may commence an appeal under clause 79 as follows:
(a)
within 15 working days after being notified of the Environment Court’s decision, or report and recommendation, the appellant must—
(i)
file a notice of appeal with the Registrar of the High Court; and
(ii)
serve a copy of the notice on the authority whose decision was the subject of the Environment Court’s decision or report and recommendation; and
(b)
before, or within 5 working days after, the appellant files the notice of appeal, they must serve a copy of the notice on—
(i)
every other party to the proceedings; and
(ii)
the Registrar of the Environment Court.
(2)
The notice of appeal must specify—
(a)
the decision or report and recommendation, or part of the decision or report and recommendation, that is appealed against; and
(b)
the error of law alleged by the appellant; and
(c)
the question of law to be resolved; and
(d)
the grounds of appeal, which must be expressed in sufficient detail for the High Court and other parties to understand them; and
(e)
the relief sought.
(3)
The Registrar of the Environment Court must send a copy of the whole of the decision appealed against to the Registrar of the High Court as soon as is reasonably practicable after receiving the notice of appeal.
Compare: 1991 No 69 s 300
81 Right to appear and be heard on appeal
(1)
A person may appear and be heard on an appeal to the High Court under clause 79 if they are—
(a)
a party to the relevant proceeding; or
(b)
a person who appeared before the Environment Court in the proceeding.
(2)
If the person wishes to appear and be heard on the appeal, they must comply with subclause (3) within 10 working days after they were served with the notice of appeal.
(3)
The person must serve notice of their intention to appear on all of the following:
(a)
the appellant:
(b)
the Registrar of the High Court:
(c)
the Registrar of the Environment Court:
(d)
if the decision or report and recommendation was made by the Environment Court after an appeal to it, the authority whose decision was appealed.
Compare: 1991 No 69 s 301
82 Parties to appeal before High Court
(1)
The parties to an appeal before the High Court are the appellant and any person who gives notice of intention to appear under clause 81.
(2)
The Registrar of the High Court must ensure that the parties to an appeal before the High Court are served with—
(a)
every document relating to the appeal that is filed or lodged with the Registrar of the High Court; and
(b)
notice of the date set for hearing the appeal.
Compare: 1991 No 69 s 302
83 Orders of High Court
(1)
The High Court may make an order directing the Environment Court to lodge with the Registrar of the High Court any or all of the following:
(a)
anything in the possession of the court:
(b)
a report that records, in respect of any matter or issue that is specified by the High Court, any of the court’s findings of fact that are not set out in its decision or report and recommendation:
(c)
a report that sets out, to the extent that is reasonably practicable and in respect of any issue or matter that is specified in the order, any reasons or considerations that the court had regard to but that are not set out in its decision or report and recommendation.
(2)
An order under this clause—
(a)
may be made on application to the High Court or on its own motion; and
(b)
may be made only if the High Court is satisfied that the order is required for a proper decision on a question of law; and
(c)
may be made subject to any conditions that the High Court thinks fit.
(3)
An application for an order under this clause must be made,—
(a)
if it is made by the appellant, within 20 working days after the date on which the notice of appeal is filed; or
(b)
if it is made by any other party to the appeal, within 20 working days after the date on which they are served a copy of the notice of appeal.
Compare: 1991 No 69 s 303
84 Dismissal of appeal
The High Court may dismiss an appeal if—
(a)
the appellant does not appear at the hearing of the appeal; or
(b)
the appellant does not proceed with the appeal with due diligence and another party applies to the court to dismiss the appeal.
Compare: 1991 No 69 s 304
85 Additional appeals on questions of law
(1)
This clause applies if a party to an appeal other than the appellant wishes to contend that the decision or report and recommendation of the Environment Court is in error on other questions of law.
(2)
Within 20 working days after the date on which that party (the specified party) is served with a copy of the notice of appeal, they must—
(a)
file a notice to that effect with the Registrar of the High Court; and
(b)
serve a copy of the notice on the authority whose decision was the subject of the Environment Court’s decision or report and recommendation.
(3)
Before, or within 5 working days after, the specified party files a notice under subclause (2)(a), they must serve a copy of the notice on—
(a)
every other party to the proceedings; and
(b)
the Registrar of the Environment Court.
(4)
(5)
An appeal under this clause must be made in accordance with the High Court Rules, except to the extent that those rules are inconsistent with this clause.
Compare: 1991 No 69 s 305
86 Extension of time
On the application of a party to an appeal, the High Court may extend any period of time stated in any of the following clauses:
(a)
clause 79 (appeal to High Court of question of law):
(b)
clause 80 (notice of appeal):
(c)
clause 81 (right to appear and be heard on appeal):
(d)
clause 83 (orders of the High Court):
(e)
clause 85 (additional appeals on questions of law).
Compare: 1991 No 69 s 306
87 Hearing date
(1)
An appeal is ready for hearing when a party to an appeal notifies the Registrar of the High Court—
(a)
that the notice of appeal has been served on all parties to the proceedings; and
(b)
either—
(i)
that no application has been filed under clause 83 (orders of the High Court); or
(ii)
that any application filed under that clause has been complied with.
(2)
When an appeal is ready for hearing, the Registrar of the High Court must arrange a hearing date as soon as practicable.
Compare: 1991 No 69 s 307
88 Appeals to Court of Appeal
(1)
A party to an appeal to the High Court under clause 79 may appeal against the High Court’s decision on that appeal only as permitted by this clause.
General right of further appeal
(2)
A party may appeal against the High Court’s decision in accordance with subpart 8 of Part 6 of the Criminal Procedure Act 2011 (which provides for appeals on questions of law), and that subpart applies—
(a)
as if the High Court were the first appeal court (see section 300 of the Criminal Procedure Act 2011); and
(b)
with any other necessary modifications.
Right of further appeal limited if decision relates to proposal of national significance
(3)
However, if the appeal under clause 79 was against a decision of the Environment Court on a matter referred to it under clause 84 of Schedule 10 (which relates to proposals of national significance), a party—
(a)
may apply to the Court of Appeal for leave to appeal to that court against the High Court’s decision; or
(b)
may apply to the Supreme Court for leave to appeal to that court against the High Court’s decision.
(4)
Subclauses (5) and (6) apply if the Supreme Court—
(a)
refuses to give leave under subclause (3)(b) (on the grounds that exceptional circumstances have not been established under section 75 of the Senior Courts Act 2016); but
(b)
considers that a further appeal from the decision of the High Court is justified.
(5)
The Supreme Court may remit the proposed appeal to the Court of Appeal.
(6)
No appeal may be made from any appeal determined by the Court of Appeal.
Compare: 1991 No 69 s 308
Part 6 Miscellaneous and general provisions
Waivers and directions
89 Waivers and directions
Application for waiver or direction
(1)
A person may apply to the Environment Court to waive a requirement of this Act or any other legislation about any of the following:
(a)
the time within which something must be served:
(b)
the time within which an appeal or submission to the court must be lodged:
(c)
the time within which a person must give notice under clause 54 that the person wishes to be a party to the proceedings:
(d)
the method of service:
(e)
the documents that must be served:
(f)
the persons anything must be served on:
(g)
the information, or the accuracy of information, that must be supplied.
(2)
A person may apply to the court to give a direction about any of the following:
(a)
the time within which, or the method by which, anything must be served:
(b)
what must be served, whether or not the direction complies with this Act or any other legislation:
(c)
the terms, including terms about adjournment, costs, or other things, on which any information must be supplied.
Threshold for granting application
(3)
The court must not grant an application under this clause unless the court is satisfied,—
(a)
for a waiver under subclause (1)(b), that—
(i)
the appellant or applicant and the respondent consent to that waiver; or
(ii)
any of those parties who have not consented will not be unduly prejudiced; and
(b)
for any other waiver, that none of the parties to the proceedings will be unduly prejudiced.
(4)
The court may waive a requirement about time whether or not the application under this clause is made before the requirement is breached.
Registrar may exercise powers under this clause
(5)
The Registrar may exercise a power referred to in this clause if the Chief Environment Court Judge confers that power on the Registrar.
(6)
The power may be conferred generally or in relation to a specific matter, and on any terms and conditions that the Chief Environment Court Judge thinks fit.
Compare: 1991 No 69 s 281
90 Registrar may waive, reduce, or postpone payment of fee
(1)
A person may apply to the Registrar to waive, reduce, or postpone payment to the Environment Court of any fee prescribed by regulations made under section 790.
(2)
The application must be made in the form approved by the Chief Executive of the Ministry of Justice unless, in a particular case, the Registrar considers that an application in that form is not necessary.
(3)
The Registrar may waive, reduce, or postpone the payment of the fee only if the Registrar is satisfied, after applying any criteria prescribed by the regulations, that—
(a)
the person responsible for paying the fee is unable to pay the fee in whole or in part; or
(b)
in the case of proceedings concerning a matter of public interest, the proceedings are unlikely to be commenced or continued if the powers are not exercised.
Compare: 1991 No 69 s 281A
Costs
91 Awarding costs
Costs orders
(1)
The Environment Court may make any of the following orders about costs:
(a)
an order that requires any party to proceedings before the court to pay to any other party the costs and expenses (including witness expenses) incurred by the other party that the court considers reasonable:
(b)
an order that requires any party to proceedings before the court to pay to the Crown all or any part of the court’s costs and expenses:
(c)
an order that requires a party who fails to proceed with a hearing at the time the court arranges, or who fails to give adequate notice of the abandonment of the proceedings, to pay to any other party or to the Crown any of the costs and expenses incurred by the other party or the Crown:
(d)
an order that requires an applicant to pay the costs and expenses—
(i)
that a consent authority, a regional council, or a regional planning committee incurred in assisting the court in relation to a report provided by the authority under section 235, 482(7), 550, or 556; and
(ii)
that the court considers reasonable.
(2)
However, the court must not, in relation to the same proceedings,—
(a)
make an order under both subclause (1)(a) and section 663(2); or
(b)
make an order under both subclause (1)(b) and section 663(3).
Presumptions and considerations
(3)
Subclause (4) applies only in proceedings under section 236, 551, or 557, or clause 84 of Schedule 10.
(4)
The court must,—
(a)
when deciding whether to make an order under subclause (1)(a) or (b),—
(i)
apply a presumption that costs under those paragraphs are not to be ordered against a person who is a party under clause 53; and
(ii)
apply a presumption that costs under subclause (1)(b) or (d) are to be ordered against the applicant; and
(b)
when deciding on the amount of any order it decides to make, have regard to the fact that the proceedings are at first instance.
(5)
Subclause (6) applies when the court is deciding whether to make an order under subclause (1)(d) in any proceedings.
(6)
The court must apply a presumption that costs are not to be ordered against a person who is a party under clause 53.
Compare: 1991 No 69 s 285
92 Enforcing orders for costs
An order for costs made by the Environment Court may be filed in the District Court at the office of the court named in the order and then becomes enforceable as a judgment of the District Court in its civil jurisdiction.
Compare: 1991 No 69 s 286
Contempt
93 Application of Contempt of Court Act 2019
(1)
The following provisions of the Contempt of Court Act 2019 apply with the necessary modifications to proceedings of the Environment Court:
(a)
subparts 2 and 4 of Part 2:
(b)
sections 25 and 26(1) and (2).
(2)
Those provisions apply to proceedings of the Environment Court as if—
(a)
references to a court include the Environment Court; and
(b)
references to a Judge include an Environment Judge and an alternate Environment Judge; and
(c)
references to a judicial officer include an Environment Commissioner and a Deputy Environment Commissioner; and
(d)
references to an officer of the court include an officer of the Environment Court.
Compare: 1991 No 69 s 282
Restriction on commencing or continuing proceedings
94 Order restricting person from commencing or continuing proceedings
(1)
A Judge may make an order (a clause 94 order) restricting a person from commencing or continuing civil proceedings in the Environment Court.
(2)
The order may have—
(a)
a limited effect (a limited order); or
(b)
an extended effect (an extended order).
(3)
A limited order restrains a party from commencing or continuing civil proceedings on a particular matter in the Environment Court.
(4)
An extended order restrains a party from commencing or continuing civil proceedings on a particular or related matter in the Environment Court.
(5)
Nothing in this clause limits the court’s inherent power to control its own proceedings.
95 Grounds for making clause 94 order
(1)
A Judge may make a clause 94 order if the Judge considers that the following proceedings in the Environment Court are or were totally without merit:
(a)
for a limited order, 2 or more proceedings about the same matter; or
(b)
for an extended order, at least 2 proceedings about any matter.
(2)
In deciding whether the proceedings are or were totally without merit, the Judge may take into account the nature of any other interlocutory application, appeals, or criminal prosecutions involving the party to be restrained, but is not limited to those considerations.
(3)
The proceedings concerned must be proceedings commenced or continued by the party to be restrained, whether against the same person or different persons.
(4)
For the purpose of this clause and clauses 96 and 97, an appeal in a civil proceeding must be treated as part of that proceeding and not as a distinct proceeding.
Compare: 1991 No 69 s 288D
96 Terms of clause 94 order
(1)
A clause 94 order may restrain a party from commencing or continuing any civil proceeding (whether generally or against any particular person or persons) of any type specified in the order without first obtaining the leave of the Environment Court.
(2)
A clause 94 order, whether limited or extended, has effect—
(a)
for a period of up to 3 years as specified by the Judge; or
(b)
if the Judge is satisfied that there are exceptional circumstances justifying a longer period, a period of up to 5 years as specified by the Judge.
Compare: 1991 No 69 s 288E
97 Procedure relating to clause 94 orders
(1)
A party to any proceeding may apply for a limited order or an extended order.
(2)
A Judge may make a clause 94 order either on an application under this clause or on the Judge’s own initiative.
(3)
A party subject to a clause 94 order may apply without notice for leave to continue or commence a civil proceeding, but the Environment Court may direct that the application for leave be served on any specified person.
(4)
An application for leave must be decided on the papers, unless the Judge considers that an oral hearing should be conducted because there are exceptional circumstances and it is appropriate to do so in the interests of justice.
(5)
A Judge’s decision on an application for leave is final.
(6)
A clause 94 order does not prevent or affect the commencement of a private criminal prosecution in any case.
Compare: 1991 No 69 s 288F(1)–(6)
98 Appeals relating to clause 94 orders
(1)
The party against whom a clause 94 order is made may appeal against the order to the High Court.
(2)
The appellant in an appeal under this clause, or the applicant for the clause 94 order concerned, may, with the leave of the High Court, appeal against the High Court’s decision on the appeal to the Court of Appeal.
(3)
A court deciding an appeal under this clause has the same powers as the court appealed from has to decide an application or appeal, as the case may be.
Compare: 1991 No 69 s 288F(7)–(9)
Reserved judgments
99 Information about reserved judgments
The Chief Environment Court Judge must, in consultation with the Chief Justice,—
(a)
publish information about how parties to proceedings before the Environment Court may obtain information about the status of any reserved judgment in those proceedings; and
(b)
periodically publish information about the number of judgments of the court that the Judge considers are outstanding beyond a reasonable time for delivery; and
(c)
publish information about reserved judgments that the Judge considers is useful.
Compare: 1991 No 69 s 288A
Recusal
100 Recusal guidelines
The Chief Environment Court Judge must, in consultation with the Chief Justice, develop and publish guidelines to assist Judges to decide if they should recuse themselves from a proceeding.
Compare: 1991 No 69 s 288B
Annual report
101 Annual report of Registrar
(1)
The Registrar must make an annual report to the Minister of the Crown who is responsible for the Ministry of Justice (the Minister of Justice).
(2)
The report must—
(a)
contain the information that the Minister requires about the administration, workload, and resources of the Environment Court during a 12-month period that ends on 30 June; and
(b)
be delivered to the Minister of Justice no later than 2 months after the expiry of that 12-month period.
(3)
The Minister of Justice must, within 10 sitting days after they receive a report under this clause, present the report to the House of Representatives in accordance with the House’s rules and practice.
Compare: 1991 No 69 s 264
Schedule 14 Acts that include statutory acknowledgements
Schedule 15 Special Acts under which local authorities and other public bodies exercise functions, powers, and duties
Ashley River Improvement Act 1925 (1925 No 41)
Auckland Metropolitan Drainage Act 1944 (1944 No 8 (L))
Auckland Metropolitan Drainage Act 1960 (1960 No 15 (L))
Christchurch District Drainage Act 1951 (1951 No 21 (L))
Dunedin Waterworks Extension Act 1875 (1875 No 5 (P))
Dunedin Waterworks Extension Act 1930 (1930 No 7 (L))
Dunedin Waterworks (Silverstream Supply) Extension Act 1945 (1945 No 6 (L))
Dunedin Waterworks (Taieri River Supply) Extension Act 1951 (1951 No 16 (L))
Ellesmere Lands Drainage Act 1905 (1905 No 59)
Eltham Borough Drainage and Water-supply Empowering Act 1905 (1905 No 4 (L))
Eltham Drainage Board Act 1914 (1914 No 13 (L))
Hawera Borough Drainage Empowering Act 1900 (1900 No 21 (L))
Kaituna River District Act 1926 (1926 No 19 (L))
Lake Wanaka Preservation Act 1973 (1973 No 107)
Lakes District Waterways Authority (Shotover River) Empowering Act 1985 (1985 No 2 (L))
Makerua Drainage Board Empowering Act 1952 (1952 No 8 (L))
Makerua Drainage Board Loan Empowering Act 1927 (1927 No 13 (L))
Manawatu-Oroua River District Act 1923 (1923 No 5 (L))
North Shore Boroughs (Auckland) Water Conservation Act 1944 (1944 No 3 (L))
North Shore Drainage Act 1963 (1963 No 15 (L))
Oxford Road District Act 1905 (1905 No 37 (L))
Rangitaiki Land Drainage Act 1956 (1956 No 34)
South Canterbury Catchment Board Act 1946 (1946 No 10 (L))
South Wairarapa River Board Empowering Act 1931 (1931 No 4 (L))
Southland Land Drainage Act 1935 (1935 No 13 (L))
Springs County Council Reclamation and Empowering Act 1913 (1913 No 10 (L))
Springs County Council Reclamation and Empowering Act 1915 (1915 No 15 (L))
Summit Road (Canterbury) Protection Act 1963 (1963 No 16 (L))
Taieri River Improvement Act 1920 (1920 No 20 (L))
Taupiri Drainage and River Board Empowering Act 1936 (1936 No 1 (L))
Taupiri Drainage and River District Act 1929 (1929 No 23)
Tumu-Kaituna Drainage Board Empowering Act 1928 (1928 No 16 (L))
Waimakariri River Improvement Act 1922 (1922 No 22 (L))
Wairau River Board Empowering Act 1934 (1934 No 8 (L))
Wanganui River Trust Act 1891 (1891 No 19 (L))
Wellington Regional Water Board Act 1972 (1972 No 3 (L))
Schedule 16 Amendments to other legislation
Part 1Amendments to Acts
Airport Authorities Act 1966 (1966 No 51)
In section 6(8), replace “section 11 and Part 10 of the Resource Management Act 1991”
with “section 22 and Part 10 of the Natural and Built Environment Act 2023”
.
Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 (2004 No 109)
Replace section 34 with:
34 References to principal Act in sections 35 to 54
In sections 35 to 54, references to provisions of the principal Act (formerly the Resource Management Act 1991) must be read as references to the corresponding provisions of the Natural and Built Environment Act 2023.
Auckland City Council (St Heliers Bay Reserve) Act 1995 (1995 No 4 (L))
In section 6(1)(e), replace “section 326 of the Resource Management Act 1991”
with “section 655 of the Natural and Built Environment Act 2023”
.
Auckland Improvement Trust Act 1971 (1971 No 9 (L))
In section 4(1D),—
(a)
replace “application of the Resource Management Act 1991”
with “application of the Natural and Built Environment Act 2023”
:
(b)
replace “Part 10 of the Resource Management Act 1991”
with “Part 10 of the Natural and Built Environment Act 2023”
.
In section 5(1D),—
(a)
replace “application of the Resource Management Act 1991”
with “application of the Natural and Built Environment Act 2023”
:
(b)
replace “Part 10 of the Resource Management Act 1991”
with “Part 10 of the Natural and Built Environment Act 2023”
.
Biosecurity Act 1993 (1993 No 95)
In section 7(2), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In the heading to section 7A, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 7A(1) and (4), replace “Part 3 of the Resource Management Act 1991”
with “Part 2 of the Natural and Built Environment Act 2023”
in each place.
In section 7A(5), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
in each place.
In section 7A(6), replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 7D(1)(a), replace “Part 3 of the Resource Management Act 1991”
with “Part 2 of the Natural and Built Environment Act 2023”
.
Replace section 71(a)(iv) with:
(iv)
a plan prepared under the Natural and Built Environment Act 2023; or
Replace section 74(a)(iv) with:
(iv)
a plan prepared under the Natural and Built Environment Act 2023; or
Replace section 76(6) with:
(6)
The application is made under clause 51 of Schedule 13 of the Natural and Built Environment Act 2023 and regulations made under that Act.
Replace section 91(a)(iii) with:
(iii)
a plan prepared under the Natural and Built Environment Act 2023; or
Replace section 94(a)(iii) with:
(iii)
a National Planning Framework or plan prepared under the Natural and Built Environment Act 2023; or
Replace section 96(6) with:
(6)
The application is made under clause 51 of Schedule 13 of the Natural and Built Environment Act 2023 and regulations made under that Act.
Replace section 100F(3) with:
(3)
The application is made under clause 51 of Schedule 13 of the Natural and Built Environment Act 2023 and regulations made under that Act.
Building Act 2004 (2004 No 72)
In section 7(1), definition of heritage building, paragraph (a)(iv), replace “heritage order within the meaning of section 187 of the Resource Management Act 1991”
with “heritage protection order within the meaning of section 11 of the Natural and Built Environment Act 2023”
.
In section 7(1), definition of heritage building, replace paragraph (a)(v) with:
(v)
a place, or part of a place, that is included in a schedule of a plan under the Natural and Built Environment Act 2023 because of its heritage value:
In section 7(1), definition of territorial authority, paragraph (a)(ii), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 10(1)(b)(i) and (2)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 35(2), definition of special feature of the land concerned, paragraph (c), replace “district plan under the Resource Management Act 1991”
with “plan under the Natural and Built Environment Act 2023”
.
In section 37(1)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 116A, replace “section 224(f) of the Resource Management Act 1991”
with “section 589 of the Natural and Built Environment Act 2023”
.
In section 133BW(4)(g), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 133BY, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 177(3)(h), replace “section 224(f) of the Resource Management Act 1991”
with “section 589 of the Natural and Built Environment Act 2023”
.
In section 212(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In Schedule 1, clause 1AA, definition of rural zone, replace “district plan”
with “plan under the Natural and Built Environment Act 2023”
.
In Schedule 1, clause 41(2), replace “district plan”
with “plan under the Natural and Built Environment Act 2023”
.
Burial and Cremation Act 1964 (1964 No 75)
In section 45A(1)(c), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 45D(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Canterbury Property Boundaries and Related Matters Act 2016 (2016 No 40)
In section 10, replace “section 11 or Part 10 of the Resource Management Act 1991”
with “section 22 or Part 10 of the Natural and Built Environment Act 2023”
.
Chatham Islands Council Act 1995 (1995 No 41)
In section 7(1)(a)(iv) and (b), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Repeal section 26.
In section 27, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 28, replace “section 38 of the Resource Management Act 1991”
with “section 725 of the Natural and Built Environment Act 2023”
.
Christ Church Cathedral Reinstatement Act 2017 (2017 No 52)
In Schedule 2, replace paragraph (h) with:
(h)
the Natural and Built Environment Act 2023:
Christchurch City Council (Robert McDougall Gallery) Land Act 2003 (2003 No 4 (L))
In section 9, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Christchurch District Drainage Act 1951 (1951 No 21 (L))
In section 43(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Christchurch District Drainage Amendment Act 1969 (1969 No 1 (L))
In section 4(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Civil Defence Emergency Management Act 2002 (2002 No 33)
Replace section 17(3)(j) with:
(j)
Natural and Built Environment Act 2023:
In the heading to section 111, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 111,—
(a)
replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
:
(b)
replace “section 330B”
with “section 696”
.
Clevedon Agricultural and Pastoral Association Empowering Act 1994 (1994 No 6 (P))
In section 4(3), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Climate Change Response Act 2002 (2002 No 40)
In section 5ZO(1), after “departments”
, insert “and regional planning committees”
.
After section 5ZO(2), insert:
(3)
In this section, regional planning committee has the same meaning as in section 11 of the Natural and Built Environment Act 2023.
After section 5ZW(8)(c), insert:
(ca)
regional planning committees, as defined in section 11 of the Natural and Built Environment Act 2023:
In section 182A(4)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 182C(1)(c)(i), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Conservation Act 1987 (1987 No 65)
In section 2(1), definition of contaminant, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 2(1), definition of effect, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Replace section 17P with:
17P Relationship with Natural and Built Environment Act 2023
(1)
This Part does not relieve any person from any obligation to obtain a resource consent under the Natural and Built Environment Act 2023.
(2)
However, section 22 and Part 10 of the Natural and Built Environment Act 2023 do not apply to any lease granted by the Minister.
In section 17SD(1), replace “environmental impact assessment”
with “assessment of environmental effects”
.
Replace section 17SD(3) with:
(3)
An assessment of environmental effects that is provided for the purposes of this section must—
(a)
contain the information required by Schedule 9 of the Natural and Built Environment Act 2023 to be in an assessment of environmental effects under that Act; or
(b)
be in a form that the Minister requires.
In section 23(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 24(5), replace “section 230 of the Resource Management Act 1991”
with “section 611 of the Natural and Built Environment Act 2023”
.
In section 39(6), delete “; but it shall be a defence to the charge if the defendant can show that the contaminant was discharged in terms of the conditions of a current discharge permit granted under the Resource Management Act 1991 or was a permitted activity in the relevant regional plan under that Act, and for this purpose it shall be a sufficient defence to produce a certificate to that effect from the regional council in the area of which the permit was purported to be granted or activity otherwise permitted”
.
After section 39(6), insert:
(6A)
However, it is a defence to a charge under subsection (4) if the defendant—
(a)
can show that the discharge of the contaminant was authorised by and carried out in accordance with—
(i)
a discharge permit granted under the Natural and Built Environment Act 2023; or
(ii)
a framework rule in the national planning framework made under that Act; or
(iii)
a rule in the relevant natural and built environment plan made under that Act; or
(iv)
a provision (including any exemption) in regulations made under that Act; and
(b)
produces a certificate to that effect from the relevant regional council.
Contract and Commercial Law Act 2017 (2017 No 5)
In Schedule 5, Part 4, paragraph (s), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Corrections Act 2004 (2004 No 50)
In section 32(2A), replace “section 9 of the Resource Management Act 1991”
with “section 21 of the Natural and Built Environment Act 2023”
.
Replace section 178 with:
178 Application of Natural and Built Environment Act 2023
For the purposes of subparts 1 and 2 of Part 9 of the Natural and Built Environment Act 2023, the construction, management, operation, and maintenance of a prison (other than a Police jail) or community work centre is to be treated as a public work for which the Minister has financial responsibility, whether or not the prison or community work centre, or proposed prison or community work centre, is, or is to be, constructed, managed, operated, or maintained by the Crown.
Costs in Criminal Cases Act 1967 (1967 No 129)
In section 4(5), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 7(3), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 10(2), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
COVID-19 Recovery (Fast-track Consenting) Act 2020 (2020 No 35)
In section 7(1), definition of coastal marine area, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 7(1), definition of designation, replace “section 166 of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 7(1), definition of effect, replace “section 3 of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 7(1), definition of Environment Judge, paragraph (a), replace “section 250 of the Resource Management Act 1991”
with “clause 8 of Schedule 13 of the Natural and Built Environment Act 2023”
.
In section 7(1), definition of infrastructure, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 7(1), definition of notice of requirement, replace “section 168 of the Resource Management Act 1991”
with “section 517 of the Natural and Built Environment Act 2023”
.
In section 7(1), definition of person, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 7(1), definition of proposed plan, replace “section 43AAC of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 7(1), definition of requiring authority, replace “section 166 of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
Crown Forest Assets Act 1989 (1989 No 99)
In section 33(1) and (2), replace “Part 10 of the Resource Management Act 1991”
with “Part 10 of the Natural and Built Environment Act 2023”
.
Crown Minerals Act 1991 (1991 No 70)
In section 2(1), definition of coastal marine area, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 2(1), definition of consent authority, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 2(1), definition of serve, replace “section 352 or section 353 of the Resource Management Act 1991”
with “section 742 or 744 of the Natural and Built Environment Act 2023”
.
In section 2(1), definition of specified Act, replace paragraph (c) with:
(c)
Natural and Built Environment Act 2023:
In sections 61(3) and 61B(3),—
(a)
replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
:
(b)
replace “section 2(1)”
with “section 11”
.
In section 89B(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 89E(1)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 90E(3)(b), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
in each place.
In section 95(2), replace “sections 352 and 353 of the Resource Management Act 1991”
with “sections 742 and 744 of the Natural and Built Environment Act 2023”
.
In section 96, replace “Sections 352 and 353 of the Resource Management Act 1991”
with “Sections 742 and 744 of the Natural and Built Environment Act 2023”
.
In Schedule 1, clause 12(1)(b), replace “the Resource Management Act 1991”
with “the Natural and Built Environment Act 2023”
in each place.
In Schedule 1, in the heading to clause 15, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In Schedule 1, clause 15(1)(b), replace “section 30 or 31 of the Resource Management Act 1991”
with “section 49 or 51 of the Natural and Built Environment Act 2023”
.
In Schedule 1, clause 15(1), replace “provisions of the Resource Management Act 1991”
with “provisions of the Natural and Built Environment Act 2023”
.
In Schedule 1, clause 15(6), replace “section 332 of the Resource Management Act 1991”
with “section 727 of the Natural and Built Environment Act 2023”
.
In Schedule 1, clause 15(8)(b), replace “section 30 or 31 of the Resource Management Act 1991”
with “section 49 or 51 of the Natural and Built Environment Act 2023”
.
In Schedule 1, clause 16(5), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Crown Organisations (Criminal Liability) Act 2002 (2002 No 37)
In section 3(b), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 6(1)(c), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 7(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 8(5), replace “section 4(9) of the Resource Management Act 1991”
with “section 16(9) of the Natural and Built Environment Act 2023”
.
Replace section 10(1)(b)(vii) with:
(vii)
section 726 of the Natural and Built Environment Act 2023; or
Crown Pastoral Land Act 1998 (1998 No 65)
In section 96(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In Schedule 1AC, clause 44(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Crown Research Institutes Act 1992 (1992 No 47)
In section 32, replace “section 11 or Part 10 of the Resource Management Act 1991”
with “section 22 or Part 10 of the Natural and Built Environment Act 2023”
.
Earthquake Commission Act 1993 (1993 No 84)
In section 19(a)(i), replace “a district plan”
with “a plan under the Natural and Built Environment Act 2023”
.
In section 19(a)(i), replace “the district plan”
with “that plan”
.
Education and Training Act 2020 (2020 No 38)
In section 563(1)(b), replace “district schemes”
with “plans under the Natural and Built Environment Act 2023”
.
In section 563(8),—
(a)
replace “section 168 of the Resource Management Act 1991”
with “section 517 of the Natural and Built Environment Act 2023”
:
(b)
replace “in the Resource Management Act 1991”
with “in the Natural and Built Environment Act 2023”
.
Replace section 564(4)(c) with:
(c)
section 746 of the Natural and Built Environment Act 2023:
In section 571(5), replace “section 218 of the Resource Management Act 1991”
with “section 574 of the Natural and Built Environment Act 2023”
.
Electricity Act 1992 (1992 No 122)
In section 23F(6), replace “sections 310 to 313 of the Resource Management Act 1991”
with “sections 637 to 640 of the Natural and Built Environment Act 2023”
.
In section 23F(9), replace “sections 299 to 308 of the Resource Management Act 1991”
with “clauses 79 to 88 of Schedule 13 of the Natural and Built Environment Act 2023”
.
In section 24A(3) and (5), replace “district plan”
with “plan under the Natural and Built Environment Act 2023”
.
Electricity Industry Act 2010 (2010 No 116)
In section 116, definition of consent authority, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 116, definition of permit, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 122(3)(b), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In the heading to section 126, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 126(1), replace “Sections 88 to 121 and 127 of the Resource Management Act 1991”
with “Sections 239 to 325 and 334 of the Natural and Built Environment Act 2023”
.
Energy Efficiency and Conservation Act 2000 (2000 No 14)
In section 3, definition of environment, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Replace section 11 with:
11 Consistency with National Planning Framework
A strategy must be consistent with any National Planning Framework in force under the Natural and Built Environment Act 2023.
Environment Act 1986 (1986 No 127)
In section 2, definition of consent, replace paragraph (c) with:
(c)
any plan or proposed plan under the Natural and Built Environment Act 2023
In the Schedule, insert in its appropriate alphabetical order:
Natural and Built Environment Act 2023
Environmental Protection Authority Act 2011 (2011 No 14)
In section 5, definition of environment, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 5, definition of environmental Act, after paragraph (c), insert:
(ca)
the Natural and Built Environment Act 2023:
In section 13(c)(iia), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 24(1)(e), replace “section 29(4) of the Resource Management Act 1991”
with “section 46(1) of the Natural and Built Environment Act 2023”
.
Environmental Reporting Act 2015 (2015 No 87)
In section 4, definition of structure, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72)
In section 4(1), definition of existing interest, paragraph (c), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 4(2), replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
Replace section 4(2)(a) with:
(a)
indigenous biodiversity:
Replace section 7(2)(l) with:
(l)
Natural and Built Environment Act 2023:
In section 33(3)(d), replace “biological diversity”
with “indigenous biodiversity”
.
In section 39(1)(e), replace “biological diversity”
with “indigenous biodiversity”
.
In section 59(2)(d), replace “biological diversity”
with “indigenous biodiversity”
.
In section 88, definition of assessment of environmental effects, replace “section 88(2)(b) of the Resource Management Act 1991”
with “section 239(4)(b) of the Natural and Built Environment Act 2023”
.
In section 88, definition of coastal marine area, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 88, definition of joint application for consent or joint application, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 88, definition of resource consent, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 88, definition of resource consent authority, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
Replace section 90(a)(ii) with:
(ii)
the Natural and Built Environment Act 2023, and any regulations, the National Planning Framework, or plans made under that Act; or
In section 91(3), replace “section 88(2)(b) of the Resource Management Act 1991”
with “section 239(4)(b) of the Natural and Built Environment Act 2023”
.
In section 91(4), replace “section 145 of the Resource Management Act 1991”
with “clause 60 of Schedule 10 of the Natural and Built Environment Act 2023”
.
In section 94(4)(a), replace “section 142(2)(b) or 147(1)(b) of the Resource Management Act 1991”
with “clause 55(2)(b) or 63(1)(b) of Schedule 10 of the Natural and Built Environment Act 2023”
.
In section 94(4)(b), replace “section 87D of the Resource Management Act 1991”
with “section 232 of the Natural and Built Environment Act 2023”
.
In section 94(5), replace “section 149T of the Resource Management Act 1991”
with “clause 84 of Schedule 10 of the Natural and Built Environment Act 2023”
.
In section 94(6), replace “sections 87F(2) to (5) and 87G to 87I of the Resource Management Act 1991”
with “sections 235(2) to (5) and 236 to 238 of the Natural and Built Environment Act 2023”
.
In section 94A(4)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 98(3), replace “sections 104 to 116 of the Resource Management Act 1991”
with “sections 303 and 318 to 323 of the Natural and Built Environment Act 2023”
.
In section 99(1), replace “section 142(2)(a) or 147(1)(a) of the Resource Management Act 1991”
with “clause 55(2)(a) or 63(1)(a) of Schedule 10 of the Natural and Built Environment Act 2023”
.
In section 99(3)(b), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 99A(1)(b), replace “section 142(2)(a) or 147(1)(a) of the Resource Management Act 1991”
with “clause 55(2)(a) or 63(1)(a) of Schedule 10 of the Natural and Built Environment Act 2023”
.
In section 99A(5)(a)(i) and (10)(b), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Replace section 99A(9) with:
(9)
The following provisions of the Natural and Built Environment Act 2023 apply to the processing of the application for a marine consent as if the application were part of the associated application for a resource consent:
(a)
clause 78 of Schedule 10 (which deals with the conduct of the inquiry):
(b)
clause 81 of Schedule 10 (which requires the board to produce a final report), but not subclauses (4)(e) and (f) and (5)(b), (c), and (d):
(c)
clause 82 of Schedule 10 (which allows the board to make minor corrections to board decisions and resource consents):
(d)
clause 83 of Schedule 10 (which allows the Minister for the Environment to extend the time by which the board must report), but not subclause (5)(b) and (c):
(e)
clause 86 of Schedule 10 (which provides for appeals against decisions to be on questions of law only) as if the reference in that clause to clause 81(5)(a) to (f) of Schedule 10 were a reference to clause 81(5)(a), (e), (f), and (g) of Schedule 10.
Replace section 116(3) with:
(3)
Schedule 13 of the Natural and Built Environment Act 2023 applies as if the application were made under Part 11 of that Act.
Replace section 129(3) with:
(3)
Schedule 13 of the Natural and Built Environment Act 2023 applies as if the appeal were lodged under Part 11 of that Act.
In section 131, replace “Sections 299 to 308 of the Resource Management Act 1991”
with “Clauses 79 to 88 of Schedule 13 of the Natural and Built Environment Act 2023”
.
In section 158(6), replace “section 279(3)(a) of the Resource Management Act 1991”
with “clause 17 of Schedule 13 of the Natural and Built Environment Act 2023”
.
In section 158(7), replace “section 279(3)(b) of the Resource Management Act 1991”
with “clause 17(1)(b) of Schedule 13 of the Natural and Built Environment Act 2023”
.
In section 158B(4), definition of regulatory agency, paragraph (a), replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
Farm Debt Mediation Act 2019 (2019 No 73)
In section 6(1), definition of property, paragraph (b), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Fencing Act 1978 (1978 No 50)
In section 3(1)(e), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Fiordland (Te Moana o Atawhenua) Marine Management Act 2005 (2005 No 36)
In section 4(1), definition of management agency, replace paragraph (e) with:
(e)
the joint planning committee for the region under the Natural and Built Environment Act 2023
In section 4(2), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 11(3), replace “Part 1 of Schedule 1 of the Resource Management Act 1991”
with “Part 1 of Schedule 6 of the Natural and Built Environment Act 2023”
.
In section 15(2)(a), replace “Southland Regional Council”
with “joint planning committee for the region”
.
In Schedule 3, clause 1(3)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In Schedule 13, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Fire and Emergency New Zealand Act 2017 (2017 No 17)
In section 6, definition of fire in open air, paragraph (a), replace “district plan”
with “plan under the Natural and Built Environment Act 2023”
.
In section 61(5)(a), replace “district plan”
with “plan under the Natural and Built Environment Act 2023”
.
Food Act 2014 (2014 No 32)
Replace section 368(3)(i) with:
(i)
the Natural and Built Environment Act 2023; or
Forestry Rights Registration Act 1983 (1983 No 42)
In section 6, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Forests Act 1949 (1949 No 19)
In section 67L, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 67P(3), replace “Part 11 of the Resource Management Act 1991”
with “Schedule 13 of the Natural and Built Environment Act 2023”
.
Replace section 67V with:
67V Relationship with Natural and Built Environment Act 2023
Nothing in this Part derogates from the Natural and Built Environment Act 2023.
In section 67ZD(10), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Replace section 67ZU with:
67ZU Relationship with Natural and Built Environment Act 2023
Nothing in this Part derogates from the Natural and Built Environment Act 2023.
In Schedule 2, replace clause 4 with:
4 Plan to specify relevant requirements under Natural and Built Environment Act 2023
The plan must specify the relevant details of all applicable plans under the Natural and Built Environment Act 2023.
Gas Act 1992 (1992 No 124)
In section 25A(3), replace “a district plan”
with “a plan under the Natural and Built Environment Act 2023”
.
In section 25A(3), replace “the district plan”
with “the plan under that Act”
.
In section 25A(5), replace “district plan”
with “plan under the Natural and Built Environment Act 2023”
.
Goods and Services Tax Act 1985 (1985 No 141)
In section 5(7B)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 5(7C)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Gore District Council (Otama Rural Water Supply) Act 2019 (2019 No 1 (L))
In section 9(d), replace “district plan”
with “plan under the Natural and Built Environment Act 2023”
.
In section 9(e), replace “regional plan”
with “plan under the Natural and Built Environment Act 2023”
.
Government Roading Powers Act 1989 (1989 No 75)
In section 43(1), replace the definition of Environment Court with:
Environment Court means the Environment Court continued by clause 3 of Schedule 13 of the Natural and Built Environment Act 2023
In section 48(8), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 61(10), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 73(e) and (f), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 88(6), replace “section 238(1)(c) of the Resource Management Act 1991”
with “section 592(2)(c) of the Natural and Built Environment Act 2023”
.
Hauraki Gulf Marine Park Act 2000 (2000 No 1)
Replace sections 9 and 10 with:
9 Relationship with Natural and Built Environment Act 2023
(1)
For the purposes of this section and section 10,—
national planning framework has the meaning given in section 11 of the Natural and Built Environment Act 2023
plan means a plan under the Natural and Built Environment Act 2023
proposed plan means a proposed plan under the Natural and Built Environment Act 2023
regional planning committee has the meaning given in section 11 of the Natural and Built Environment Act 2023
regional spatial strategy means a regional spatial strategy under the Spatial Planning Act 2023
resource consent has the meaning given in section 11 of the Natural and Built Environment Act 2023.
(2)
A regional planning committee must ensure that any part of a plan or regional spatial strategy that applies to the Hauraki Gulf, its islands, and catchments does not conflict with sections 7 and 8.
(3)
A consent authority must, when considering an application for a resource consent for the Hauraki Gulf, its islands, and catchments, have regard to sections 7 and 8 in addition to the matters contained in the Natural and Built Environment Act 2023.
10 Sections 7 and 8 treated as part of national planning framework
(1)
For the coastal environment of the Hauraki Gulf, sections 7 and 8 must be treated as part of the national planning framework.
(2)
For the coastal environment of the Hauraki Gulf, if there is a conflict between sections 7 and 8 and the provisions of the national planning framework, the national planning framework prevails.
In Schedule 1, repeal the item relating to the Resource Management Act 1991.
In Schedule 1, insert in their appropriate alphabetical order:
Natural and Built Environment Act 2023
Spatial Planning Act 2023
Hawke’s Bay Endowment Land Empowering Act 2002 (2002 No 1 (L))
In section 5(3)(b), replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
Hazardous Substances and New Organisms Act 1996 (1996 No 30)
In section 2(1), definition of natural and physical resources, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 97(1)(h)(ii) and (2)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 142(4)(b), replace “section 15 of the Resource Management Act 1991”
with “section 26 of the Natural and Built Environment Act 2023”
.
In section 142(4), replace “section 128 of the Resource Management Act 1991”
with “section 337 of the Natural and Built Environment Act 2023”
.
In section 142(5), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Health Act 1956 (1956 No 65)
In section 54(7), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Health and Safety at Work Act 2015 (2015 No 70)
In the heading to section 230, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 230(3)(b), replace “section 15 of the Resource Management Act 1991”
with “section 26 of the Natural and Built Environment Act 2023”
.
In section 230(4), replace “section 128 of the Resource Management Act 1991”
with “section 337 of the Natural and Built Environment Act 2023”
.
In section 230(5), replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
Health Sector (Transfers) Act 1993 (1993 No 23)
In Schedule 1, clause 5, replace “section 11 or Part 10 of the Resource Management Act 1991”
with “section 22 or Part 10 of the Natural and Built Environment Act 2023”
.
In Schedule 1, replace clause 8 with:
8 Uses deemed to be permitted activity
If any land is transferred to a transferee under this Act, the use of that land which is established at the date of the transfer is deemed to be a permitted activity under the Natural and Built Environment Act 2023 until the next completion of the review of the plan or appropriate part of the plan under that Act, and after that review the status of that use is to be as provided from time to time in or under the plan under that Act.
Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26)
In section 6, replace the definition of Environment Court with:
Environment Court means the Environment Court continued by clause 3 of Schedule 13 of the Natural and Built Environment Act 2023
In section 6, repeal the definition of heritage order.
In section 6, definition of heritage protection authority, replace “section 187 of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 6, definition of statutory acknowledgement, replace “Schedule 11 of the Resource Management Act 1991”
with “Schedule 14 of the Natural and Built Environment Act 2023”
.
In section 6, insert in its appropriate alphabetical order:
heritage protection order has the meaning given in section 11 of the Natural and Built Environment Act 2023
In section 7(b)(ii), replace “Part 8 of the Resource Management Act 1991”
with “Part 9 of the Natural and Built Environment Act 2023”
.
In section 13(1)(i), replace “Part 8 of the Resource Management Act 1991”
with “Part 9 of the Natural and Built Environment Act 2023”
.
In section 21(j), replace “heritage order under Part 8 of the Resource Management Act 1991”
with “heritage protection order under Part 9 of the Natural and Built Environment Act 2023”
.
In section 40(2)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 46(5), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
in each place.
Replace section 58(3)(b) with:
(b)
state any matters that are prescribed in regulations made under the Natural and Built Environment Act 2023 for appeals under section 313 of that Act; and
In section 58(4), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 59(2) and (5), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 59(5), replace “heritage order”
with “heritage protection order”
.
In section 65(3)(c), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Replace section 92(2) with:
(2)
An application under subsection (1) is to be treated as if it were an application for an enforcement order under section 641 of the Natural and Built Environment Act 2023, and sections 642(1) to (3), 644, 645, 647, and 648 of that Act apply to an application, except as those provisions are modified by this section or section 93.
In section 92(4)(b), replace “Part 12 of the Resource Management Act 1991”
with “Part 11 of the Natural and Built Environment Act 2023”
.
In section 92(5), replace “section 320 of the Resource Management Act 1991”
with “section 647 of the Natural and Built Environment Act 2023”
.
In section 92(6)(b), replace “section 320(5) of the Resource Management Act 1991”
with “section 647(5) of the Natural and Built Environment Act 2023”
.
In section 92(6)(c), replace “section 321 of the Resource Management Act 1991”
with “section 648 of the Natural and Built Environment Act 2023”
.
In section 92(7), replace “Part 11 of the Resource Management Act 1991”
with “Schedule 13 of the Natural and Built Environment Act 2023”
.
Housing Act 1955 (1955 No 51)
Replace section 3A with:
3A Relationship to Natural and Built Environment Act 2023
Nothing in this Part derogates from any provisions of the Natural and Built Environment Act 2023.
In section 11(2), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Housing Assets Transfer Act 1993 (1993 No 50)
In section 7(4), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Income Tax Act 2007 (2007 No 97)
In section CB 14(2)(a), (e), and (g), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section CB 14(2)(i), replace “heritage order, obligation, prohibition, or restriction under the Resource Management Act 1991”
with “heritage protection order, obligation, prohibition, or restriction under the Natural and Built Environment Act 2023”
.
In section DB 19(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section DU 12(a)(iii), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section EE 57(3)(cb), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section YA 1, definition of contaminant, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section YA 1, definition of property, paragraph (a), after “Resource Management Act 1991”
, insert “or the Natural and Built Environment Act 2023”
.
In section YA 1, definition of resource consent, replace “section 2 of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In Schedule 14, replace item 10 with:
10
a consent granted under the Resource Management Act 1991 to do something that otherwise would contravene sections 12 to 15B of that Act or under the Natural and Built Environment Act 2023 that would otherwise contravene sections 23 to 28 of that Act (in either case, other than a consent for a reclamation), being a consent granted in or after—
(a)
the 1996–97 tax year, if the consent relates to sections 12 to 15 of the Resource Management Act 1991 or sections 23 to 26 of the Natural and Built Environment Act 2023; or
(b)
the 2014–15 income year, if the consent relates to sections 15A and 15B of the Resource Management Act 1991 or sections 27 and 28 of the Natural and Built Environment Act 2023
Infrastructure Funding and Financing Act 2020 (2020 No 47)
In section 7(1), insert in its appropriate alphabetical order:
environmental contribution has the same meaning as in section 11 of the Natural and Built Environment Act 2023
In section 7(1), repeal the definition of financial contribution.
Section 8(3), definition of natural hazard, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 9(6), definition of establishment costs, paragraph (b), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 11(2), definition of mana whenua, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In sections 76(3) and 87(3), replace “financial contributions”
with “environmental contributions”
.
In the cross-heading above section 94, replace “financial contributions”
with “environmental contributions”
.
In section 94(2)(b), replace “a financial contribution that was a condition under section 108(2)(a) of the Resource Management Act 1991”
with “an environmental contribution that was a condition under section 295 of the Natural and Built Environment Act 2023”
.
Inquiries Act 2013 (2013 No 60)
In Schedule 1, repeal the item relating to section 41 of the Resource Management Act 1991.
Irrigation Schemes Act 1990 (1990 No 52)
Replace sections 12 and 13 with:
12 Section 22 and Part 10 of Natural and Built Environment Act 2023 and Part 21 of Local Government Act 1974 not to apply
Section 22 and Part 10 of the Natural and Built Environment Act 2023 do not apply to or in respect of the transfer of any land or interest in land under this Part and do not apply to any subdivision required in respect of the transfer.
13 Activity permitted as of right
To avoid doubt, if any irrigation scheme is sold or otherwise disposed of under this Part, any use for irrigation purposes of the land upon which the irrigation scheme is situated is deemed to be a permitted activity within the meaning of the Natural and Built Environment Act 2023.
In section 15(1), replace “section 386 of the Resource Management Act 1991”
with “the Natural and Built Environment Act 2023”
.
Joint Family Homes Act 1964 (1964 No 45)
In section 3(3), replace “Part 10 of the Resource Management Act 1991”
with “Part 10 of the Natural and Built Environment Act 2023”
.
Lake Wanaka Preservation Act 1973 (1973 No 107)
In section 6(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 8(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Land Act 1948 (1948 No 64)
In section 2, definition of Crown land, paragraph (f), replace “Part 10 of the Resource Management Act 1991”
with “Part 10 of the Natural and Built Environment Act 2023”
.
In section 24(2A), replace “district plan changes”
with “plan changes under the Natural and Built Environment Act 2023”
.
In section 66A(5), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 82(3A)(b), replace “sections 238 or 239 of the Resource Management Act 1991”
with “section 592 or 593 of the Natural and Built Environment Act 2023”
.
In section 93(1), replace “Part 10 of the Resource Management Act 1991”
with “Part 10 of the Natural and Built Environment Act 2023”
.
In section 93(3), replace “section 238 of the Resource Management Act 1991”
with “section 592 of the Natural and Built Environment Act 2023”
.
In section 165(6A), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Land Drainage Act 1908 (1908 No 96)
Replace section 2A with:
2A Relationship with Natural and Built Environment Act 2023
Nothing in this Act derogates from the Natural and Built Environment Act 2023.
Land Transport Management Act 2003 (2003 No 118)
Replace section 14(c)(ii) with:
(ii)
relevant national planning framework or plans in force under the Natural and Built Environment Act 2023; and
Replace section 19B(b)(v) with:
(v)
relevant national planning framework or plans in force under the Natural and Built Environment Act 2023; and
Replace section 20(3)(a)(ii) with:
(ii)
relevant national planning framework or plans in force under the Natural and Built Environment Act 2023; and
Replace section 22G(1)(b)(iii) with:
(iii)
any relevant national planning framework or plans in force under the Natural and Built Environment Act 2023; and
In section 63(5)(a), replace “section 218 of the Resource Management Act 1991”
with “section 574 of the Natural and Built Environment Act 2023”
.
Replace section 67(1)(b)(ii) with:
(ii)
any relevant national planning framework or plans in force under the Natural and Built Environment Act 2023; and
Replace section 124(c)(ii) with:
(ii)
any relevant plans in force under the Natural and Built Environment Act 2023; and
In section 140(7), replace “Part 11 of the Resource Management Act 1991”
with “Schedule 13 of the Natural and Built Environment Act 2023”
.
In section 140(8),—
(a)
replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
:
(b)
replace “section 120”
with “section 313”
.
Lawyers and Conveyancers Act 2006 (2006 No 1)
In section 322(6), definition of conveyance, paragraph (a)(i), replace “section 2 of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
Legal Services Act 2011 (2011 No 4)
In section 7(1)(o), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Legislation Act 2019 (2019 No 58)
In Schedule 3, insert in its appropriate alphabetical order:
| Natural and Built Environment Act 2023 | ||||||
| Section 167 | Exemption applies |
|||||
Local Authorities (Members’ Interests) Act 1968 (1968 No 147)
Replace section 6(3)(e) with:
(e)
the preparation, recommendation, approval, or review of a plan under the Natural and Built Environment Act 2023 or the Spatial Planning Act 2023; or
In Schedule 1, Part 1, insert in its appropriate alphabetical order:
| Regional planning committees | Natural and Built Environment Act 2023 and Spatial Planning Act 2023 |
Local Electoral Act 2001 (2001 No 35)
In section 5(1), definition of allotment, replace “section 218(2) of the Resource Management Act 1991”
with “section 575 of the Natural and Built Environment Act 2023”
.
Local Government Act 1974 (1974 No 66)
In section 2(1), repeal the definitions of district plan, operative, and proposed plan.
In section 2(1), replace the definition of Environment Court with:
Environment Court means the Environment Court continued by clause 3 of Schedule 13 of the Natural and Built Environment Act 2023
In section 2(1), insert in their appropriate alphabetical order:
NBEA plan means a plan under the Natural and Built Environment Act 2023
operative, in relation to an NBEA plan, has the meaning given in section 11 of the Natural and Built Environment Act 2023
In section 2(1), definition of rural area, replace “district plan”
with “NBEA plan”
.
In section 319(1)(e), replace “district”
with “NBEA”
.
In section 336(4), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Replace section 336(6) with:
(6)
Subsections (2)(b) and (3) to (5) do not apply to a declaration that gives effect to the provisions of an NBEA plan.
In section 340(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 341(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 345(3), replace “(as defined in section 2(1) of the Resource Management Act 1991) for the purposes specified in section 229 of the Resource Management Act 1991”
with “(as defined in section 11 of the Natural and Built Environment Act 2023) for the purposes specified in section 609 of that Act”
.
In section 345(4), replace “a district plan under section 77 of the Resource Management Act 1991”
with “an NBEA plan”
.
In section 346G(2), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 346G(3), replace “section 299 of the Resource Management Act 1991”
with “clause 79 of Schedule 13 of the Natural and Built Environment Act 2023”
.
In section 347, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 348(6), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In the heading to section 502, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 502, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Replace section 517A with:
517A This Part subject to Natural and Built Environment Act 2023 and Soil Conservation and Rivers Control Act 1941
Nothing in this Part derogates from the provisions of the Natural and Built Environment Act 2023 or the Soil Conservation and Rivers Control Act 1941.
In section 517B, definition of scheme asset, paragraph (e), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 517I(i), replace “district”
with “NBEA”
.
In section 517I(j), replace “regional plan or proposed regional plan”
with “NBEA plan or proposed NBEA plan”
.
In section 517I(k), replace “have become resource consents under section 386 of the Resource Management Act 1991”
with “are resource consents under the Natural and Built Environment Act 2023”
.
In section 517U(e), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 517Z(1)(b), replace “district”
with “NBEA”
.
In section 517Z(3), replace “section 167 of the Resource Management Act 1991”
with “section 513 of the Natural and Built Environment Act 2023”
.
Replace section 517ZH with:
517ZH Section 22 and Part 10 of Natural and Built Environment Act 2023 and Part 21 of this Act not to apply
Section 22 and Part 10 of the Natural and Built Environment Act 2023 and Part 21 of this Act do not apply to or in respect of the transfer of any land or interest in land under this Part or any subdivision required in respect of that transfer.
In Schedule 10, clause 6, replace “district plan”
with “NBEA plan”
.
Local Government Act 2002 (2002 No 84)
In section 5(1), definition of natural hazard, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
After section 41A(5), insert:
(5A)
Despite subsections (1) to (5), any appointment of a mayor or other member of a territorial authority to a regional planning committee under the Natural and Built Environment Act 2023 must be made only in accordance with that Act.
After section 47, insert:
47A Application of sections 43 to 47 to planning committees under Natural and Built Environment Act 2023
Sections 43 to 47 apply to the acts and failures of a member of a regional planning committee under the Natural and Built Environment Act 2023 (whether the person is a member of a local authority or appointed to represent other interests under that Act) that occur in the course of, and relate to, the business of the planning committee.
In section 48J(1)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
After section 54A(1), insert:
(1A)
A regional planning committee must keep a register of the pecuniary interests of its members appointed under the Natural and Built Environment Act 2023.
In section 54C(1), replace “or (c)”
with “(c), or (1A)”
.
In section 79(3), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In sections 102(2)(d) and (3A)(a), replace “financial contributions”
with “environmental contributions”
.
In section 103(2)(h), replace “financial contributions under the Resource Management Act 1991”
with “environmental contributions under the Natural and Built Environment Act 2023”
.
In the heading to section 106, replace “financial contributions”
with “environmental contributions”
.
Replace section 106(1) with:
(1)
In this section, environmental contributions has the meaning given to it by section 11 of the Natural and Built Environment Act 2023.
In section 106(2) and (4), replace “financial contributions”
with “environmental contributions”
in each place.
In section 106(2)(d), replace “a financial contribution”
with “an environmental contribution”
.
In section 106(2)(f) and (4), replace “the district plan or regional plan prepared under the Resource Management Act 1991”
with “the plan under the Natural and Built Environment Act 2023”
.
In section 126(3)(b), replace “district plan prepared under the Resource Management Act 1991”
with “plan under the Natural and Built Environment Act 2023”
.
In section 148(6), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 174(5)(b), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 195(1)(b) and (2), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 196(2), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 197(1), definition of allotment, replace “section 218(2) of the Resource Management Act 1991”
with “section 575 of the Natural and Built Environment Act 2023”
.
In section 197(1), definition of network utility operator, replace “section 166 of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 197(2), replace the definition of resource consent with:
resource consent has the meaning given by section 11 of the Natural and Built Environment Act 2023, and includes a change to a condition of a resource consent under section 334 of that Act
In section 198(1)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 200(1)(a), replace “section 108(2)(a) of the Resource Management Act 1991”
with “section 295(1)(b) of the Natural and Built Environment Act 2023”
.
In section 202(1)(b)(i), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 207D(3)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 207D(3)(d), replace “section 224 of the Resource Management Act 1991”
with “section 578 of the Natural and Built Environment Act 2023”
.
In section 208(1)(a)(i), replace “section 224(c) of the Resource Management Act 1991”
with “section 578 of the Natural and Built Environment Act 2023”
.
In section 208(1)(a)(ii), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 209(1)(a)(i), replace “section 125 of the Resource Management Act 1991”
with “section 332 of the Natural and Built Environment Act 2023”
.
In section 209(1)(a)(ii), replace “section 138”
with “section 350”
.
In section 211, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 212, repeal the definitions of plan and proposed plan.
Replace section 222 with:
222 Provisions of Natural and Built Environment Act 2023 and Building Act 2004 continue to apply
Except as otherwise provided in this subpart or in Schedule 14, sections 215 to 221 and Schedule 14 apply in addition to, and not in derogation of, the provisions relating to the removal or alteration of fences, structures, or vegetation under this Act, the Natural and Built Environment Act 2023, and the Building Act 2004.
In section 225(2)(a)(ii), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In Schedule 3, clause 2, definition of affected area, paragraph (d), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In Schedule 3, clause 23(1)(e)(ii) and (3)(b), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In Schedule 3, replace clause 43(1)(e) with:
(e)
provisions dealing with—
(i)
the administration of an existing, proposed, or operative plan under the Natural and Built Environment Act 2023:
(ii)
the administration of any designations, resource consents, and notices of requirement under that Act, but subject to Parts 6 and 8 and subpart 1 of Part 9 of that Act:
In Schedule 7, after clause 6(1)(f), insert:
(g)
chairpersons and members of regional planning committees.
In Schedule 14, replace clause 4 with:
4 Circumstances when certain other Acts do not apply
A removal order may be made under section 216 even if the fence, structure, or vegetation complies with the Natural and Built Environment Act 2023.
Local Government (Auckland Council) Act 2009 (2009 No 32)
In section 15(1)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 45(b)(ii), replace “section 167 of the Resource Management Act 1991”
with “section 513 of the Natural and Built Environment Act 2023”
.
In section 47(1), replace “section 167 of the Resource Management Act 1991”
with “section 513 of the Natural and Built Environment Act 2023”
.
In section 47(2), replace “Part 8 of the Resource Management Act 1991”
with “subpart 1 of Part 9 of the Natural and Built Environment Act 2023”
.
In section 47(2)(a), replace “section 166”
with “section 11”
.
In section 47(3), replace “section 180(1) of the Resource Management Act 1991”
with “section 541 of the Natural and Built Environment Act 2023”
.
In section 48(3)(a), replace “section 186 of the Resource Management Act 1991”
with “section 540 of the Natural and Built Environment Act 2023”
.
In section 48(3)(b), replace “sections 185(5) and (6) and 186”
with “sections 539(5) and (6) and 540 of the Natural and Built Environment Act 2023”
.
In section 48(5), replace “sections 185 and 186(2) and (4)”
with “sections 539 and 540(2) of the Natural and Built Environment Act 2023”
.
In section 50(5), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 59(2), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 75(2)(a)(ii), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37)
In section 58(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 60(1) and (2), replace “section 108 of the Resource Management Act 1991”
with “section 295 of the Natural and Built Environment Act 2023”
.
In the heading to section 71, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 71(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 71(2), replace “section 34A(1)(b) of that Act”
with “section 62 of that Act”
.
In section 77(1), replace “Section 81 of the Resource Management Act 1991”
with “Section 210 of the Natural and Built Environment Act 2023”
.
Local Government Official Information and Meetings Act 1987 (1987 No 174)
In section 2(1), repeal the definition of climate change (as enacted by section 4 of the Local Government Official Information and Meetings Amendment Act 2023).
In section 2(1), definition of natural hazard (as enacted by section 4 of the Local Government Official Information and Meetings Amendment Act 2023), replace “section 2(1) of the Resource Management Act 1991”
with “paragraphs (a) and (b) of the definition of that term in section 11(1) of the Natural and Built Environment Act 2023”
.
In section 7(2)(ba), replace “heritage order, under the Resource Management Act 1991”
with “heritage protection order, under the Natural and Built Environment Act 2023”
.
In section 44A(2)(aa)(ii) (as enacted by section 7 of the Local Government Official Information and Meetings Amendment Act 2023), replace “district plan under the Resource Management Act 1991”
with “plan under the Natural and Built Environment Act 2023”
.
Replace sections 44B and 44C (as enacted by section 8 of the Local Government Official Information and Meetings Amendment Act 2023) with:
44B Natural hazard information to be included in land information memoranda
(1)
The purpose of this section is to ensure that land information memoranda contain understandable information about natural hazards in relation to land.
(2)
A land information memorandum must include—
(a)
information that identifies the following, to the extent that the information is known to the territorial authority:
(i)
each natural hazard that affects the land concerned:
(ii)
each potential natural hazard to the extent that the territorial authority is satisfied that there is a reasonable possibility that the hazard may affect the land concerned (whether now or in the future):
(iii)
the cumulative or combined effects of the hazards referred to in subparagraphs (i) and (ii) on the land concerned; and
(b)
any further information required by the regulations to make the information provided under paragraph (a) more understandable.
(3)
The information must be summarised and presented in the land information memorandum in the form required by the regulations (if any).
44C Regional council must provide territorial authority with natural hazard information
(1)
A regional council must, as soon as is reasonably practicable in the circumstances, provide to a territorial authority within or partly within its region—
(a)
information that identifies the following, to the extent that the information is known to the regional council:
(i)
each natural hazard that affects land in the territorial authority’s district:
(ii)
each potential natural hazard to the extent that the regional council is satisfied that there is a reasonable possibility that the hazard may affect land in the territorial authority’s district (whether now or in the future):
(iii)
the cumulative or combined effects of the hazards referred to in subparagraphs (i) and (ii) on land in the territorial authority’s district; and
(b)
any further information required by the regulations to make the information provided under paragraph (a) more understandable.
(2)
The information must be summarised and presented in the form required by the regulations (if any).
Replace section 45(1A) with:
(1A)
Despite subsection (1), meeting, in relation to a local authority that is a board of inquiry or special tribunal given authority to conduct hearings under section 367 and clause 75 of Schedule 10 of the Natural and Built Environment Act 2023, is limited to any hearing that the board or tribunal holds under either of those provisions of that Act.
In section 45A(a), replace “section 149J of the Resource Management Act 1991”
with “clause 75 of Schedule 10 of the Natural and Built Environment Act 2023”
.
In section 45A(b), replace “section 202 of the Resource Management Act 1991; and”
with “section 367 of the Natural and Built Environment Act 2023.”
Repeal section 45A(c).
In Schedule 1, Part 1, replace “section 33, 34, 34A, 117, 149J, or 202 or clause 58 of Schedule 1 of the Resource Management Act 1991”
with “section 367, 650, 653, or 655 or clause 75 of Schedule 10 of the Natural and Built Environment Act 2023”
.
In Schedule 1, Part 1, insert in its appropriate alphabetical order:
Regional planning committees established under the Natural and Built Environment Act 2023 with functions set out in section 48 of that Act
In Schedule 6, replace clause 2 with:
2 Application of amendments to boards of inquiry and special tribunals
The amendments made by the amendment Act apply to a board of inquiry appointed under clause 75 of Schedule 10 of the Natural and Built Environment Act 2023, or to a special tribunal appointed under section 367 of that Act, whether appointed before or after the commencement of the amendments.
Local Government (Rating) Act 2002 (2002 No 6)
In Schedule 2, replace items 2 and 3 with:
2
The activities that are permitted, anticipated, discretionary, or prohibited for the area in which the land is situated under the Natural and Built Environment Act 2023 and the rules to which the land is subject under an operative plan under that Act.
3
The activities that are proposed to be permitted, anticipated, discretionary, or prohibited activities under the Natural and Built Environment Act 2023 and the proposed rules for the area in which the land is situated under a proposed plan under that Act, but only if—
(a)
no submissions in opposition have been made under subpart 2 of Part 2 of Schedule 6 of that Act on those proposed activities or rules, and the time for making submissions has expired; or
(b)
all submissions in opposition, and any appeals, have been determined, withdrawn, or dismissed.
Maori Commercial Aquaculture Claims Settlement Act 2004 (2004 No 107)
In section 4, definition of aquaculture activities, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 4, definition of authorisation, replace “section 165C of the Resource Management Act 1991”
with “section 442 of the Natural and Built Environment Act 2023”
.
In section 4, definition of coastal marine area, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 4, definition of coastal permit, replace “section 2(1) of the Resource Management Act 1991”
with “section 220(c) of the Natural and Built Environment Act 2023”
.
In section 4, definition of new space, paragraph (a), replace “section 116A of the Resource Management Act 1991”
with “section 324 of the Natural and Built Environment Act 2023”
.
In section 4, definition of occupy, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 4, definition of public notice, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 4, definition of regional council, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 4, definition of space, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 5(1)(aa), replace “section 165K, or a notice in the Gazette under section 165N, of the Resource Management Act 1991”
with “section 451, or a notice in the Gazette under section 454, of the Natural and Built Environment Act 2023”
.
In section 11(2)(b)(ii), replace “section 165ZH of the Resource Management Act 1991”
with “section 487 of the Natural and Built Environment Act 2023”
.
In section 12(3), replace “Section 165E of the Resource Management Act 1991”
with “Section 444 of the Natural and Built Environment Act 2023”
.
In section 13(6), replace “section 165R of the Resource Management Act 1991”
with “section 458 of the Natural and Built Environment Act 2023”
.
In section 14(4)(d)(iv)(A), replace “Resource Management Act 1991 that could commence under section 116A of that Act”
with “Natural and Built Environment Act 2023 that could commence under section 324 of that Act”
.
In section 16A(1), replace “Section 165T of the Resource Management Act 1991”
with “Section 460 of the Natural and Built Environment Act 2023”
.
In section 16A(2)(b), replace “section 116A(3) or (7) of the Resource Management Act 1991”
with “section 324(3) and (7) of the Natural and Built Environment Act 2023”
.
In section 16A(3), replace “section 165S of the Resource Management Act 1991”
with “section 459 of the Natural and Built Environment Act 2023”
.
Replace section 17(2) with:
(2)
The holder of the coastal permit must be treated as if the holder holds an authorisation under section 13 in relation to the space that was subject to the coastal permit.
Replace section 50(6) with:
(6)
This section applies in a region—
(a)
subject to sections 135 and 165S of the Resource Management Act 1991; or
(b)
subject to sections 345 and 459 of the Natural and Built Environment Act 2023, if the region’s NBEA date (within the meaning of clause 1 of Schedule 1 of that Act) has occurred.
Maritime Transport Act 1994 (1994 No 104)
In section 4(2), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 33I(4)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 33M(2)(d)(ii), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 110(1)(d), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 225, definition of pollution incident, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 227(1)(b), replace “section 15B of the Resource Management Act 1991”
with “section 28 of the Natural and Built Environment Act 2023”
.
In section 227(6), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 232(1) and (1A), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 233(1)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 235(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 261(5)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Replace section 272(1)(e)(iii) with:
(iii)
any provision of the national planning framework made under the Natural and Built Environment Act 2023; or
In section 272(1)(e)(iv), replace “any of paragraphs (ha) and (he) of section 360(1) of the Resource Management Act 1991”
with “section 801 of the Natural and Built Environment Act 2023”
.
In section 276(2)(a) and (c), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Replace section 291(2)(c) with:
(c)
any plan under the Natural and Built Environment Act 2023:
In section 397(2) and (7), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
in each place.
In section 463(2B)(b), replace “section 15B of the Resource Management Act 1991”
with “section 28 of the Natural and Built Environment Act 2023”
.
In section 464(2), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In the heading to section 467, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 467, replace “sections 9, 12, 13, 14, 15, 15A, 15B, and 15C of the Resource Management Act 1991”
with “sections 21 and 23 to 29 of the Natural and Built Environment Act 2023”
.
Mauao Historic Reserve Vesting Act 2008 (2008 No 31)
In section 11(1), replace “section 11 or Part 10 of the Resource Management Act 1991”
with “section 22 or Part 10 of the Natural and Built Environment Act 2023”
.
National Parks Act 1980 (1980 No 66)
In section 7(6), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
National War Memorial Park (Pukeahu) Empowering Act 2012 (2012 No 76)
In section 4, definition of consent authority, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 4, definition of designation, replace “section 166 of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 4, definition of discharge permit, replace “section 87(e) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 4, replace the definition of district plan with:
district plan—
(a)
means the plan for the Wellington Region as approved under Schedule 6 of the Natural and Built Environment Act 2023; and
(b)
includes all operative changes to that plan; and
(c)
includes a proposed plan, to the extent that—
(i)
it has legal effect under section 198 of the Natural and Built Environment Act 2023; or
(ii)
it must be treated as operative under section 202 of that Act; and
(d)
includes any changes to the former district plan notified before 1 October 2009
In section 4, definition of land use consent, replace “section 87(a) of the Resource Management Act 1991”
with “section 220 of the Natural and Built Environment Act 2023”
.
In section 4, definition of requiring authority, replace “section 166 of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 4, definition of resource consent, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 4, definition of water permit, replace “section 87(d) of the Resource Management Act 1991”
with “section 220 of the Natural and Built Environment Act 2023”
.
Replace section 9(4) with:
(4)
The provisions of the Natural and Built Environment Act 2023 apply to the designation provided for by this section.
Natural Hazards Insurance Act 2023 (2023 No 1)
Replace section 44(6) with:
(6)
In this section,—
area cap means,—
(a)
if there is an NBE plan minimum area, the lesser of—
(i)
the NBE plan minimum area; and
(ii)
4,000 square metres; or
(b)
if there is no NBE plan minimum area, 4,000 square metres
NBE plan means the operative plan under the Natural and Built Environment Act 2023 for the region where the damaged residential land is situated
NBE plan minimum area means the minimum area (in square metres) allowable under the NBE plan for land that is used for the purpose for which the damaged residential land was being used at the time the natural hazard damage occurred.
New Plymouth District Council (Waitara Lands) Act 2018 (2018 No 2 (L))
In the heading to section 53, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 53, replace “Section 11 and Part 10 of the Resource Management Act 1991”
with “Section 22 and Part 10 of the Natural and Built Environment Act 2023”
.
New Zealand Railways Corporation Act 1981 (1981 No 119)
Replace section 3A with:
3A Relationship to Natural and Built Environment Act 2023
Despite section 16 of the Natural and Built Environment Act 2023, that Act applies to the Corporation as if it were a Crown organisation.
In section 31(9), replace “Part 3 of the Resource Management Act 1991”
with “Part 2 of the Natural and Built Environment Act 2023”
.
New Zealand Railways Corporation Restructuring Act 1990 (1990 No 105)
In section 12(3), replace “Section 11(1) of the Resource Management Act 1991”
with “Section 22 of the Natural and Built Environment Act 2023”
.
In section 25A(1), replace “section 11 and Part 10 of the Resource Management Act 1991”
with “section 22 and Part 10 of the Natural and Built Environment Act 2023”
.
In section 25A(2)(b) and (6)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 25A(12), definition of allotment, replace “section 218 of the Resource Management Act 1991”
with “section 575 of the Natural and Built Environment Act 2023”
.
Northland Regional Council and Far North District Council Vesting and Empowering Act 1992 (1992 No 2 (L))
In the Preamble, paragraph (c), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In the heading to section 7, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 7(1), replace “section 218 of the Resource Management Act 1991”
with “section 574 of the Natural and Built Environment Act 2023”
.
In section 7(1), replace “purposes of the Resource Management Act 1991”
with “purposes of the Natural and Built Environment Act 2023”
.
In section 7(2), replace “Section 11 and Part 10 of the Resource Management Act 1991”
with “Section 22 and Part 10 of the Natural and Built Environment Act 2023”
.
In section 7(2), replace “Part 6 of the Resource Management Act 1991”
with “Part 6 of the Natural and Built Environment Act 2023”
.
In section 8(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Ombudsmen Act 1975 (1975 No 9)
In Schedule 1, Part 2, insert in their appropriate alphabetical order:
National Māori Entity
Regional planning committees established under the Natural and Built Environment Act 2023
Overseas Investment Act 2005 (2005 No 82)
In section 6(1), insert in its appropriate alphabetical order:
cultural heritage has the same meaning as in section 11 of the Natural and Built Environment Act 2023
In section 6(1), repeal the definition of historic heritage.
In section 6(1), definition of kaitiakitanga, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 6(1), definition of lake, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 6(1), definition of natural and physical resources, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 6(1), definition of river, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 16A(6)(b), replace “historic heritage”
with “cultural heritage”
.
In section 17(1)(c) and (d), replace “historic heritage”
with “cultural heritage”
.
In section 61B(c)(vii), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In Schedule 1, Part 1, table 1, item 8, replace “district plan or proposed district plan under the Resource Management Act 1991”
with “plan under the Natural and Built Environment Act 2023”
.
In Schedule 1, Part 1, table 1, item 9, replace “heritage order, or a requirement for a heritage order, under the Resource Management Act 1991”
with “heritage protection order, or a requirement for a heritage protection order, under the Natural and Built Environment Act 2023”
.
In Schedule 5, clause 21, replace “section 11 and Part 10 of the Resource Management Act 1991”
with “section 22 and Part 10 of the Natural and Built Environment Act 2023”
.
Property Law Act 2007 (2007 No 91)
In section 325(4), replace “Part 10 of the Resource Management Act 1991”
with “Part 10 of the Natural and Built Environment Act 2023”
.
In section 326, definition of reasonable access, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 330(3), replace “Part 10 of the Resource Management Act 1991”
with “Part 10 of the Natural and Built Environment Act 2023”
.
In section 333(3)(a), replace “district plan”
with “plan under the Natural and Built Environment Act 2023”
.
In section 335(1)(b)(ii) and (vi), replace “district plan”
with “plan under the Natural and Built Environment Act 2023”
.
In section 336(2), replace “Part 8 of the Resource Management Act 1991”
with “Part 9 of the Natural and Built Environment Act 2023”
.
In section 340(1), replace “section 11 or Part 10 of the Resource Management Act 1991”
with “section 22 or Part 10 of the Natural and Built Environment Act 2023”
.
In Schedule 2, clause 4(b)(i), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In Schedule 2, clause 14(2)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Prostitution Reform Act 2003 (2003 No 28)
In section 15(1), (2), and (3), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 15(2), replace “sections 104A to 104D”
with “sections 287 and 288”
.
In section 15(2), replace “section 108”
with “section 294”
.
In section 15(3), replace “district plan or proposed district plan”
with “plan or proposed plan under the Natural and Built Environment Act 2023”
.
Public Audit Act 2001 (2001 No 10)
In Schedule 2, insert in its appropriate alphabetical order:
National Māori Entity
Public Safety (Public Protection Orders) Act 2014 (2014 No 68)
In section 114(4), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Public Works Act 1981 (1981 No 35)
In section 2, replace the definition of Environment Court with:
Environment Court means the Environment Court continued by clause 3 of Schedule 13 of the Natural and Built Environment Act 2023
In section 24(6A)(a), replace “section 39(1) of the Resource Management Act 1991”
with “clause 78 of Schedule 6 of the Natural and Built Environment Act 2023”
.
In section 24(14), replace “sections 299 and 308 of the Resource Management Act 1991”
with “clauses 79 to 88 of Schedule 13 of the Natural and Built Environment Act 2023”
.
In section 27(8), replace “Part 3 of the Resource Management Act 1991”
with “Part 2 of the Natural and Built Environment Act 2023”
.
In section 46(3), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 59, definition of notified, paragraph (a), replace “section 168 of the Resource Management Act 1991”
with “section 517 of the Natural and Built Environment Act 2023”
.
In section 59, definition of notified, paragraph (a), replace “section 189”
with “section 562”
.
In section 59, definition of notified, paragraph (a), replace “clause 4 of Part 1 of Schedule 1”
with “clause 30 of Schedule 6”
.
In section 59, definition of notified, paragraph (b), replace “heritage order, included in an operative or proposed district plan under the Resource Management Act 1991”
with “heritage protection order, included in an operative or a proposed plan under the Natural and Built Environment Act 2023”
.
In section 71(1)(b), replace “section 167 of the Resource Management Act 1991”
with “section 515 of the Natural and Built Environment Act 2023”
.
In section 71(9), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 111A(1)(ba), replace “section 166 of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 111A(1)(ba), replace “section 167”
with “section 513”
.
In section 118(2), replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 166(e), (f), and (g), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 190(3), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 191(9), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 218(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 224(20), replace “Resource Management Act 1991, in his or its own name or on behalf of all parties, may make any requirement under Part 8 of the Resource Management Act 1991”
with “Natural and Built Environment Act 2023, in their or its own name or on behalf of all parties, may make any requirement under subpart 1 of Part 9 of that Act”
.
Racing Industry Act 2020 (2020 No 28)
Replace section 32(12) and the heading above section 32(12) with:
Application of Natural and Built Environment Act 2023
(12)
Section 22 and Part 10 of the Natural and Built Environment Act 2023 do not apply to—
(a)
the vesting of a surplus venue under this subpart; or
(b)
any matter incidental to, or required for the purpose of, the vesting.
Railways Act 2005 (2005 No 37)
In section 77(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Rating Valuations Act 1998 (1998 No 69)
In section 2, replace the definition of district plan with:
district plan means a plan under the Natural and Built Environment Act 2023 for a district
Remuneration Authority Act 1977 (1977 No 110)
In Schedule 4, insert in its appropriate alphabetical order:
The members of regional planning committees appointed under the Natural and Built Environment Act 2023 by the Minister responsible for the Spatial Planning Act 2023
Reserves Act 1977 (1977 No 66)
In section 14(2), replace “a district plan makes provision for the use of the land as a reserve or the land is designated as a proposed reserve under an operative district plan under the Resource Management Act 1991”
with “a plan under the Natural and Built Environment Act 2023 provides for the use of the land as a reserve or the land is designated as a proposed reserve under an operative plan under that Act”
.
In section 15(2), replace “an operative district plan under the Resource Management Act 1991”
with “an operative plan under the Natural and Built Environment Act 2023”
.
Replace section 15AA(1) with:
(1)
A person may apply to the administering body of a recreation reserve to exchange all or part of the land comprised in the reserve (the recreation reserve land) for other land to be held for the same purposes if—
(a)
the application is made jointly—
(i)
with an application for a resource consent under section 239(1) and (2) of the Natural and Built Environment Act 2023 (the NBEA); or
(ii)
with a request for a change to a plan under clause 67 of Schedule 6 of the NBEA; and
(b)
the recreation reserve land is vested in the administering body of the reserve; and
(c)
the administering body of the reserve is also the relevant local authority under the NBEA.
In section 15AA(2)(a)(i), replace “section 88(6)(a) of the RMA”
with “section 239(3)(a) of the NBEA”
.
In section 15AA(2)(a)(ii), replace “section 95A of the RMA”
with “sections 266 and 205(2) of the NBEA”
.
In section 15AA(2)(c), replace “RMA”
with “NBEA”
.
In section 15AA(3)(a)(i), replace “clause 21(5)(a) of Schedule 1 of the RMA”
with “clause 67 of Schedule 6 of the NBEA”
.
In section 15AA(3)(a)(ii), replace “clause 26 of Schedule 1 of the RMA”
with “clause 70 of Schedule 6 of the NBEA”
.
In section 15AA(3)(c), replace “RMA”
with “NBEA”
.
In section 15AA(5)(a), replace “RMA”
with “NBEA”
.
In section 16(2A)(g), replace “Part 10 of the Resource Management Act 1991”
with “Part 10 of the Natural and Built Environment Act 2023”
.
In section 16(5)(b), replace “district plan under the Resource Management Act 1991”
with “plan under the Natural and Built Environment Act 2023”
.
In section 23(2)(a), after “Part 10 of the Resource Management Act 1991”
, insert “or under Part 10 of the Natural and Built Environment Act 2023”
.
In section 24(7), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Replace section 24A(3)(a) with:
(a)
the operative plan in force under the Natural and Built Environment Act 2023 for the region in which the reserve is situated:
In section 24A(3)(b), replace “Part 6”
with “Part 6”
.
In section 48(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 53(1)(i) and (j), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 54(2A)(b), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 54(2A)(b), replace “section 93(2)”
with “sections 266 and 205(2)”
.
In section 55(1)(d) and (2)(f), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 56(3)(b), replace “Part 6 of the Resource Management Act 1991”
with “Part 6 of the Natural and Built Environment Act 2023”
.
In section 58A(3)(b), replace “Part 6 of the Resource Management Act 1991”
with “Part 6 of the Natural and Built Environment Act 2023”
.
Riccarton Racecourse Development Enabling Act 2016 (2016 No 30)
In section 9(c), replace “regional and district planning requirements”
with “planning requirements under the Natural and Built Environment Act 2023”
.
River Boards Act 1908 (1908 No 165)
In section 76(d) and (f), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 86(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Sale and Supply of Alcohol Act 2012 (2012 No 120)
In section 47A(4), replace “section 9 of the Resource Management Act 1991”
with “section 21 of the Natural and Built Environment Act 2023”
in each place.
In section 78(2)(a), replace “its district plan”
with “the relevant plan under the Natural and Built Environment Act 2023”
.
In the heading to section 93, replace “district plans”
with “plans under Natural and Built Environment Act 2023”
.
In section 93(1) and (2), replace “district plan”
with “plan under the Natural and Built Environment Act 2023”
.
In section 100(f), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 143(1)(b), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Search and Surveillance Act 2012 (2012 No 24)
In the Schedule, repeal the item relating to the Resource Management Act 1991.
In the Schedule, insert in its appropriate alphabetical order:
| Natural and Built Environment Act 2023 | 729 | Constable or enforcement officer may obtain and execute search warrant if issuing officer is satisfied that there are reasonable grounds for believing that in, on, over, or under any place or vehicle there is anything in respect of which an imprisonable offence under the Natural and Built Environment Act 2023 or any regulations made under that Act has been committed or anything that is evidence of such offence or that is intended to be used to commit such offence | All (except that sections 118 and 119 apply to constables only) |
Selwyn Plantation Board Empowering Act 1992 (1992 No 4 (L))
In section 3(8), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Sentencing Act 2002 (2002 No 9)
In section 4(4), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Sharemilking Agreements Act 1937 (1937 No 37)
In the Schedule, note above clause 67, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Soil Conservation and Rivers Control Act 1941 (1941 No 12)
Replace section 10A with:
10A Relationship to Natural and Built Environment Act 2023
Despite section 10, nothing in this Act derogates from the provisions of sections 176 to 182 of the Harbours Act 1950, the Natural and Built Environment Act 2023, or the Spatial Planning Act 2023.
State-Owned Enterprises Act 1986 (1986 No 124)
In section 23(1)(ba), replace “district schemes”
with “plans under the Natural and Built Environment Act 2023”
.
In section 27D(5), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 29(1), definition of assets, paragraph (e), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Summary Proceedings Act 1957 (1957 No 87)
In section 2(1), definition of infringement notice, after paragraph (jj), insert:
(jk)
section 711 of the Natural and Built Environment Act 2023; or
Summit Road (Canterbury) Protection Act 2001 (2001 No 3 (L))
In section 4(1), replace the definition of Environment Court with:
Environment Court means the Environment Court continued by clause 3 of Schedule 13 of the Natural and Built Environment Act 2023
In section 4(1), definition of subdivision, replace “section 218 of the Resource Management Act 1991”
with “section 574 of the Natural and Built Environment Act 2023”
.
Replace section 8 with:
8 Consultation obligations under Natural and Built Environment Act 2023
For the purposes of the Natural and Built Environment Act 2023, the relevant regional planning committee must—
(a)
consult and notify the Authority about, and give the Authority the opportunity to make any submissions in respect of, any proposal to prepare, change, or review any plan under that Act that affects or may affect the protected land; and
(b)
provide the Authority with 1 copy of any proposed plan under that Act that affects or may affect the protected land.
In section 12(2)(b)(ii), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In the heading to section 15, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 15, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Replace section 24(2)(b) with:
(b)
state any matters that regulations made under the Natural and Built Environment Act 2023 require to be stated in the case of an appeal under section 313 of that Act; and
In section 24(5) and (6), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 27, replace “sections 352 and 353 of the Resource Management Act 1991”
with “sections 742 and 744 of the Natural and Built Environment Act 2023”
.
Replace section 29(1)(a) with:
(a)
apply to the Environment Court for an enforcement order under section 641 of the Natural and Built Environment Act 2023, as if the notice were an abatement notice within the meaning of section 649 of that Act; and
In section 29(2), replace “section 315 of the Resource Management Act 1991”
with “section 642 of the Natural and Built Environment Act 2023”
.
In section 29(3), replace “section 314 of the Resource Management Act 1991, as if that continuing breach or continuing offence contravenes, or is likely to contravene, the Resource Management Act 1991”
with “section 641 of the Natural and Built Environment Act 2023, as if that continuing breach or continuing offence contravenes, or is likely to contravene, the Natural and Built Environment Act 2023”
.
Taumata Arowai–the Water Services Regulator Act 2020 (2020 No 52)
In section 4, replace the definition of Te Mana o te Wai with:
Te Mana o te Wai—
(a)
has the meaning set out in the national planning framework made by Order in Council under section 103 of the Natural and Built Environment Act 2023 (and see also sections 5, 10, 17, and 18 of this Act):
(b)
applies, for the purposes of this Act, to water (as that term is defined in section 11(1) of the Natural and Built Environment Act 2023)
Telecommunications Act 2001 (2001 No 103)
In section 3(2), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In the cross-heading above section 69XI, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In the heading to section 69XI, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 69XI(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Replace section 69XI(2) with:
(2)
Subpart 1 of Part 9 of the Natural and Built Environment Act 2023 applies with necessary modifications as if the designation had been transferred under that Part.
In the heading to section 69XJ, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 69XJ(1), replace “section 166 of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 69XJ(2)(a), replace “section 180 of the Resource Management Act 1991”
with “section 541 of the Natural and Built Environment Act 2023”
.
In section 69XJ(3), replace “section 177 of the Resource Management Act 1991”
with “section 532 of the Natural and Built Environment Act 2023”
.
Replace section 69XJ(4) with:
(4)
Subpart 1 of Part 9 of the Natural and Built Environment Act 2023 applies with necessary modifications as if the approval had been given under section 513 of that Act.
In section 117(2), replace “district plan or regional plan under the Resource Management Act 1991”
with “plan under the Natural and Built Environment Act 2023”
.
In section 119(3), replace “district plan as an area in relation to which, under the district plan”
with “plan under the Natural and Built Environment Act 2023 as an area in relation to which, under that plan”
.
In section 119(5), replace “district plan”
with “plan under the Natural and Built Environment Act 2023”
.
In Schedule 1, Part 3, item relating to limits on access principles, paragraph (c), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Te Ture Whenua Maori Act 1993 (1993 No 4)
In section 4, definition of subdivision consent, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 99(3), replace “section 2 of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 123(6A), replace “section 2 of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In the heading to section 301, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 301(2), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 301(3)(a), replace “section 218 of the Resource Management Act 1991”
with “section 574 of the Natural and Built Environment Act 2023”
.
In section 301(3)(b), replace “sections 120 and 121 of the Resource Management Act 1991”
with “sections 313 and 314 of the Natural and Built Environment Act 2023”
.
In section 301(4), replace “section 230(3) to (5) of the Resource Management Act 1991”
with “section 611 of the Natural and Built Environment Act 2023”
.
In section 302(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 302(2), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 302(2)(b), replace “Part 10 of the Resource Management Act 1991”
with “Part 10 of the Natural and Built Environment Act 2023”
.
In section 303(1) and (3), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 303(2)(a), replace “Part 10 of the Resource Management Act 1991”
with “Part 10 of the Natural and Built Environment Act 2023”
.
In section 303(2)(b), replace “sections 229 to 237H of the Resource Management Act 1991”
with “sections 609 to 619 and Schedule 11 of the Natural and Built Environment Act 2023”
.
In section 304(3)(b), replace “sections 229 to 237H of the Resource Management Act 1991”
with “sections 609 to 619 and Schedule 11 of the Natural and Built Environment Act 2023”
.
In section 304(4), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 326D(5), replace “Part 10 of the Resource Management Act 1991”
with “Part 10 of the Natural and Built Environment Act 2023”
.
Unit Titles Act 2010 (2010 No 22)
Replace section 13 with:
13 General relationship with Natural and Built Environment Act 2023
(1)
Except as provided in this section and sections 28 and 29, nothing in this Act derogates from the provisions of the Natural and Built Environment Act 2023.
(2)
Nothing in section 22 or Part 10 of the Natural and Built Environment Act 2023 applies to section 74, subparts 2 and 3 of Part 4, or section 204.
Compare: 1972 No 15 s 2A(1), (2)
In section 26, replace “district plan requirements applied at the date on which approval of the proposed unit development plan under section 223 of the Resource Management Act 1991”
with “plan requirements under the Natural and Built Environment Act 2023 applied at the date on which approval of the proposed unit development plan under section 578 of that Act”
.
In the heading to section 28, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 28(1), replace “section 11 or Part 10 of the Resource Management Act 1991”
with “section 22 or Part 10 of the Natural and Built Environment Act 2023”
.
In section 28(1)(a), replace “section 224(c)”
with “section 587”
in each place.
In section 28(1)(b), replace “section 224(e)”
with “section 585(2)”
.
In section 28(2), replace “Section 11 and Part 10 of the Resource Management Act 1991”
with “Section 22 and Part 10 of the Natural and Built Environment Act 2023”
.
In section 28(2), replace “section 224(c)”
with “section 587”
.
In section 28(3) and (4), replace “section 224(c) of the Resource Management Act 1991”
with “section 587 of the Natural and Built Environment Act 2023”
.
In the heading to section 29, replace “section 224(c) of Resource Management Act 1991”
with “section 587 of Natural and Built Environment Act 2023”
.
In section 29(1) and (2), replace “section 224(c) of the Resource Management Act 1991”
with “section 587 of the Natural and Built Environment Act 2023”
.
In section 29(1)(b)(ii), replace “section 224(c)(i), (ii), and (iii) of the Resource Management Act 1991”
with “section 587(4)(a)(i), (ii), and (iii) of the Natural and Built Environment Act 2023”
.
In section 35(b) and (c), replace “district plan”
with “plan under the Natural and Built Environment Act 2023”
.
In section 36(3), replace “district plan or the requirements of the Resource Management Act 1991”
with “plan under the Natural and Built Environment Act 2023 or the requirements of that Act”
.
Urban Development Act 2020 (2020 No 42)
Replace section 4 with:
4 Tiriti o Waitangi
All persons exercising powers and performing functions and duties under this Act must give effect to the principles of te Tiriti o Waitangi.
In section 5(1)(a)(ii), replace “amenities”
with “facilities”
.
Replace section 5(1)(b) with:
(b)
promote te Oranga o te Taiao through—
(i)
complying with the national environmental limits set under the Natural and Built Environment Act 2023; and
(ii)
promoting the system outcomes set out in section 6 of the Natural and Built Environment Act 2023.
Replace section 5(2) with:
(2)
In this section, te Oranga o te Taiao has the meaning given in section 3(3) of the Natural and Built Environment Act 2023.
In section 7(2)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 9, insert in their appropriate alphabetical order:
cultural heritage has the same meaning as in section 11 of the Natural and Built Environment Act 2023
implementation plan has the same meaning as in section 8 of the Spatial Planning Act 2023
iwi and hapū participation legislation has the same meaning as in section 11 of the Natural and Built Environment Act 2023
national planning framework has the same meaning as in section 11 of the Natural and Built Environment Act 2023
natural and built environment plan has the same meaning as plan in section 11 of the Natural and Built Environment Act 2023
regional planning committee has the same meaning as in section 11 of the Natural and Built Environment Act 2023
regional spatial strategy has the same meaning as in section 8 of the Spatial Planning Act 2023
te Tiriti o Waitangi has the same meaning as Treaty in section 2 of the Treaty of Waitangi Act 1975
In section 9, definition of coastal marine area, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 9, definition of designation, paragraph (a), replace “section 166 of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 9, definition of development contribution, paragraph (a), replace “section 87(b) of the Resource Management Act 1991”
with “section 220(b) of the Natural and Built Environment Act 2023”
.
In section 9, replace the definition of dwelling house with:
dwelling house has the same meaning as in section 11 of the Natural and Built Environment Act 2023
In section 9, definition of infrastructure, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 9, definition of interest, paragraph (a), replace “iwi participation legislation”
with “iwi and hapū participation legislation”
.
In section 9, replace the definition of iwi authority with:
iwi authority has the same meaning as in section 11 of the Natural and Built Environment Act 2023
In section 9, definition of iwi planning document, paragraph (b), replace “iwi participation legislation”
with “iwi and hapū participation legislation”
.
In section 9, definition of iwi planning document, after paragraph (d), insert:
(e)
Natural and Built Environment Act 2023
In section 9, definition of land, paragraph (a), replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 9, replace the definition of limited notification with:
limited notification has the same meaning as in section 11 of the Natural and Built Environment Act 2023
In section 9, definition of Māori entity, paragraph (h), replace “iwi participation legislation”
with “iwi and hapū participation legislation”
.
In section 9, definition of nationally significant infrastructure, paragraph (g), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 9, definition of network utility operator, replace “section 166 of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 9, definition of participation arrangement, after “the Resource Management Act 1991”
, insert “, the Natural and Built Environment Act 2023,”
.
In section 9, definition of participation arrangement, paragraph (a), replace “planning instrument”
with “natural and built environment plan”
.
In section 9, definition of public notice, replace “section 2AB of the Resource Management Act 1991”
with “section 12 of the Natural and Built Environment Act 2023”
.
In section 9, definition of requiring authority, replace “section 166 of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 9, definition of resource consent, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 9, definition of working day, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 9, repeal the definitions of amenity values, combined planning instrument, district plan, historic heritage, iwi participation legislation, planning instrument, regional plan, and regional policy statement.
In section 14(1)(b), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023 and the Spatial Planning Act 2023”
.
In section 17(5), definition of mana whenua, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
Replace section 28(b)(ii) with:
(ii)
the national planning framework; and
In section 31, insert as subsection (2):
(2)
However, Kāinga Ora may stop an assessment at any time if Kāinga Ora decides that the project should not be established as a specified development project (see sections 37 and 39 for requirements that then apply).
In section 32(1)(e), replace “historic heritage”
with “cultural heritage”
.
In section 32(1)(f), after “urban growth”
, insert “, including how the project aligns with the regional spatial strategy”
.
In section 32(2)(a), delete “existing planning instruments and”
.
In section 33(4)(f), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 33(5), replace “historic heritage”
with “cultural heritage”
.
In section 37(1)(c), after “joint Ministers”
, insert “unless section 39 does not require it”
.
Replace the heading to section 38 with “Contents of report: project should be established”
.
In section 38(2)(a)(viii), replace “historic heritage”
with “cultural heritage”
.
Replace section 39 with:
39 Contents of report: project should not be established
(1)
This section applies if, during or on completion of an assessment, Kāinga Ora decides that a project should not be established as a specified development project.
(2)
The project assessment report must—
(a)
broadly describe and assess the project; and
(b)
set out why Kāinga Ora has decided that the project should not be established as a specified development project; and
(c)
if the report must be provided to the joint Ministers under subsection (4), include a recommendation that the project not be established as a specified development project.
(3)
The report does not have to include all of the things in section 38(2) and Kāinga Ora does not have to comply with section 40.
(4)
Kainga Ora must provide the report to the joint Ministers if either or both of the following apply:
(a)
the project has been publicly notified as a potential specified development project:
(b)
the joint Ministers selected the project in accordance with section 29, and their direction has not been withdrawn.
In section 48(1)(c), replace “section 33 of the Resource Management Act 1991”
with “section 57 of the Natural and Built Environment Act 2023”
.
In section 51(2), replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 57(a), replace “the objectives of any planning instrument”
with “the plan outcomes of any natural and built environment plan”
.
Replace section 58(a) with:
(a)
the national planning framework:
In section 60(4)(b) and (5)(b), replace “iwi participation legislation”
with “iwi and hapū participation legislation”
.
In the heading above section 60(5), replace “planning instruments”
with “natural and built environment plans”
.
Replace section 60(5)(a) with:
(a)
any provisions that override, add to, or suspend any plan outcomes or policies, rules, or other methods in natural and built environment plans to enable the project objectives to be achieved; and
In section 60(5)(c), delete “or restricted discretionary”
.
After section 60(5), insert:
Modification of consent authority identity
(6)
A development plan may provide that Kāinga Ora will not become the consent authority for the project area (see section 109 for the effect of this).
In section 63(5)(a), replace “district plan”
with “natural and built environment plan”
.
In the heading to section 64, replace “planning instruments”
with “natural and built environment plans”
.
Replace section 64(1) and (2) with:
(1)
A development plan may incorporate material by reference, applying the provisions of Schedule 12 of the Natural and Built Environment Act 2023 with all necessary modifications, as if—
(a)
a reference to a natural and built environment plan or proposed natural and built environment plan included a development plan:
(b)
a reference to the Ministry for the Environment were a reference to Kāinga Ora:
(c)
a reference to the Minister were a reference to the responsible Minister under this Act.
(2)
Any plan outcomes or policies, rules, or other methods of a development plan that override, add to, or suspend any provisions of a natural and built environment plan must—
(a)
not go beyond the scope provided for natural and built environment plans under the Natural and Built Environment Act 2023; and
(b)
provide for classes of activities to be specified that are consistent with those set out in section 140 of the Natural and Built Environment Act 2023; and
(c)
be clearly identified in the development plan; and
(d)
if relevant, enable the provision of all necessary infrastructure for a specified development project.
Replace section 68(1)(b)(i) with:
(i)
any relevant regional spatial strategies and implementation plans made under the Spatial Planning Act 2023 and natural and built environment plans made under the Natural and Built Environment Act 2023:
In section 69(1), replace “change the planning instruments”
with “override, add to, or suspend the natural and built environment plan”
.
Replace section 69(4)(a) to (d) with:
(a)
examine the extent to which the objectives of the proposal in the draft development plan are the most appropriate way to achieve the project objectives, by—
(i)
identifying other reasonably practicable options for achieving the objectives; and
(ii)
assessing the efficiency and effectiveness of the provisions in achieving the objectives; and
(iii)
summarising the reasons for deciding on the provisions; and
(b)
contain a level of detail that corresponds to the scale and significance of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the provisions of the draft development plan; and
(c)
identify and assess the benefits and costs of the environmental, economic, social, and cultural effects that are anticipated from the implementation of the provisions of the draft development plan, including the opportunities for—
(i)
economic growth that are anticipated to be provided or reduced; and
(ii)
employment that are anticipated to be provided or reduced; and
(d)
if practicable, quantify the benefits and costs referred to in paragraph (c); and
(da)
assess the risk of acting or not acting if there is uncertain or insufficient information about the subject matter of the provisions; and
In section 70(1)(b)(i), replace “historic heritage”
with “cultural heritage”
.
In section 72(8)(a), replace “regional coastal plan”
with “natural and built environment plan”
.
In section 72(9)(b), replace “regional coastal plan”
with “natural and built environment plan”
.
In section 72(10)(e), replace “historic heritage”
with “cultural heritage”
.
In section 72(10)(f), replace “section 229 of the Resource Management Act 1991”
with “section 609 of the Natural and Built Environment Act 2023”
.
In section 83(4), replace “regional coastal plan”
with “natural and built environment plan”
.
Replace section 86(a) with:
(a)
Kāinga Ora is the consent authority for resource consent applications to the territorial authority for the project area, as defined in the development plan, unless the development plan provides otherwise or another exception applies (see section 109(1)):
In section 86(b), replace “district plan”
with “natural and built environment plan”
.
In the heading to section 87, replace “planning instruments”
with “natural and built environment plan”
.
In section 87(1), replace “planning instruments”
with “natural and built environment plans”
.
In section 87(2), replace “district plan”
with “natural and built environment plan”
.
In section 87(3), replace “planning instrument”
with “natural and built environment plan”
.
In the heading to section 88, replace “planning instruments”
with “natural and built environment plan”
.
In section 88(1), replace “planning instrument that applies to the project area”
with “natural and built environment plan that applies to the project area and, despite sections 167(b) and 104 of the Natural and Built Environment Act 2023, may be inconsistent with the applicable regional spatial strategy”
.
Replace section 88(2) with:
(2)
However, subsection (1) does not apply to any plan outcome or policy, rule, or other method relating to cultural heritage included in a natural and built environment plan, unless the change imposes more stringent management or protection for cultural heritage.
In section 89(1) and (2)(b), replace “planning instrument”
with “natural and built environment plan”
.
In section 89(3), replace “subpart 2 of Part 5 of the Resource Management Act 1991”
with “subpart 6 of Part 3 of the Natural and Built Environment Act 2023”
.
In section 90(3), replace “iwi participation legislation”
with “iwi and hapū participation legislation”
.
In section 90(3)(a), (b), and (c), replace “planning instrument”
with “natural and built environment plan”
.
In section 91(2)(a)(i), replace “planning instruments”
with “natural and built environment plans”
.
In section 91(2)(a)(i), replace “an instrument”
with “a natural and built environment plan”
.
In section 91(2)(a)(ii), replace “any relevant new or amended national direction”
with “any amendments to the national planning framework”
.
In section 92(1), replace “planning instrument is modified by”
with “natural and built environment plan is overridden by, added to, or suspended by”
.
In section 93(2), replace “Part 2 of Schedule 1 of the Resource Management Act 1991”
with “subpart 2 of Part 2 of Schedule 6 of the Natural and Built Environment Act 2023”
.
In the heading to section 95, replace “planning instruments”
with “natural and built environment plans”
.
In section 95(a), replace “planning instruments”
with “natural and built environment plans”
.
In section 95(b), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In the heading to section 96, replace “planning instruments”
with “natural and built environment plans”
.
Replace section 96(1) with:
(1)
Without using the processes required for a plan change under subpart 2 of Part 2 of Schedule 6 of the Natural and Built Environment Act 2023 or the process required by section 28 of the Spatial Planning Act 2023, every regional planning committee must include in the electronic versions of its natural and built environment plan and regional spatial strategy—
(a)
a map showing the area of any project area within its district or region; and
(b)
advice on where to access the relevant development plan or draft development plan.
In section 97(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Replace section 97(2) with:
(2)
Section 57 of the Natural and Built Environment Act 2023 applies in relation to the transfer as if Kāinga Ora were a public authority under section 57(5) of that Act.
In the cross-heading above section 98, replace “Regional or district plan”
with “Natural and built environment plan”
.
In section 98(1), replace “district or regional plan”
with “natural and built environment plan”
.
In section 98(1) and (2), replace “local authority”
with “regional planning committee”
.
In the heading to section 99, replace “Relevant local authority”
with “Regional planning committee”
.
In section 99(1), replace “district or regional plan”
with “natural and built environment plan”
.
Replace section 99(2) with:
(2)
The regional planning committee must notify Kāinga Ora of that fact, in writing, at least 20 working days before the date on which the committee considers whether to approve or adopt the plan change under clause 44 of Schedule 6 of the Natural and Built Environment Act 2023.
In section 100(1), replace “an approval, adoption, or submission of information under clause 17, 18, or 83(1) of Schedule 1 of the Resource Management Act 1991”
with “a decision under clause 44 of Schedule 6 of the Natural and Built Environment Act 2023”
.
In section 100(1)(b) and (3)(a), replace “relevant local authority”
with “regional planning committee”
.
In section 100(7), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 101(1)(c), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 102(4), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 103(1) and (5), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Replace section 104(3) with:
(3)
When Kāinga Ora is exercising a power under subsection (1), sections 286 to 299 of the Natural and Built Environment Act 2023 apply as if Kāinga Ora were the consent authority, but with the modification that a reference to the purpose of that Act must be treated as a reference to subpart 1 of Part 1 of this Act.
Replace section 105(3) with:
(3)
Sections 768 to 771 of the Natural and Built Environment Act 2023 apply, with the necessary modifications, as if the objection were made under section 765 of that Act.
In section 108(1) and (3), replace “iwi participation legislation”
with “iwi and hapū participation legislation”
.
In section 108(1)(a), replace “section 35A of the Resource Management Act 1991”
with “section 755 of the Natural and Built Environment Act 2023”
.
In section 109(1)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Replace section 109(1)(b) with:
(b)
is not the consent authority if—
(i)
a regional council, the Minister for the Environment, or the Environmental Protection Authority would be the consent authority under the Natural and Built Environment Act 2023; or
(ii)
the development plan states that Kāinga Ora is not to be the consent authority (in which case each relevant territorial authority is the consent authority for the part of the project area that is within its district and this section and sections 110 to 128 apply to the territorial authority with the necessary modifications).
In section 109(2)(b) and (c), replace “district plan as amended by”
with “natural and built environment plan as overridden by, added to, or suspended by”
.
In section 109(3), replace “section 38 of the Resource Management Act 1991”
with “section 725 of the Natural and Built Environment Act 2023”
.
In section 109(4), replace “sections 332, 334, and 335 of the Resource Management Act 1991”
with “sections 727 and 729 to 731 of the Natural and Built Environment Act 2023”
.
In section 109(5), replace “iwi participation legislation”
with “iwi and hapū participation legislation”
.
In section 110(1) and (2), replace “Part 10 of the Resource Management Act 1991”
with “Part 10 of the Natural and Built Environment Act 2023”
.
After section 112, insert:
112A Kāinga Ora may transfer consenting functions to relevant territorial authorities
(1)
Kāinga Ora may, at any time, transfer its functions, duties, and powers under sections 109 and 110 to each of the relevant territorial authorities for a specified development project.
(2)
Kāinga Ora—
(a)
must give each relevant territorial authority at least 20 working days’ written notice of the transfer; but
(b)
may make the transfer regardless of whether the relevant territorial authority agrees to it.
(3)
Nothing in subsection (2)(b) limits the ability of Kāinga Ora and a relevant territorial authority to agree the terms of a transfer.
(4)
If Kāinga Ora makes a transfer under this section to a relevant territorial authority, the territorial authority is the consent authority for the part of the project area that is within its district and sections 109 to 112 and 113 to 128 apply to the territorial authority with the necessary modifications.
In section 113(1)(b), replace “sections 104 to 107 of the Resource Management Act 1991”
with “sections 286 to 293 of the Natural and Built Environment Act 2023”
.
Replace section 113(2) with:
(2)
The modifications referred to in subsection (1)(b) are as follows:
(a)
a reference to the purpose of the Natural and Built Environment Act 2023 is to be read as a reference to subpart 1 of Part 1 of this Act:
(b)
a reference to a natural and built environment plan or proposed natural and built environment plan is to be read as a reference to a natural and built environment plan as overridden by, added to, or suspended by a development plan:
(c)
section 286(2)(c)(ii) of the Natural and Built Environment Act 2023 does not apply:
(d)
section 286(2)(e) of that Act does not apply to the extent that it relates to a regional spatial strategy.
In section 113(3), replace “iwi participation legislation”
with “iwi and hapū participation legislation”
.
In section 113(3)(a) and (4), replace “district plan”
with “natural and built environment plan”
.
In the cross-heading above section 114, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 114(1), replace “sections 9 to 15 of the Resource Management Act 1991”
with “sections 21 to 34 of the Natural and Built Environment Act 2023”
.
In section 114(2), replace “Sections 87AA to 87D of the Resource Management Act 1991”
with “Sections 153 to 232 of the Natural and Built Environment Act 2023”
.
Replace section 114(3) with:
(3)
The following provisions of the Natural and Built Environment Act 2023 apply with the following modifications:
(a)
sections 233 and 234 (except section 234(4)):
(b)
section 235 (but subsection (5) is to be read as including Kāinga Ora, unless Kāinga Ora is acting as the consent authority):
(c)
sections 236 to 238 (but section 236(6) and (7) must be read as requiring the Environment Court to apply the decision-making framework set out in section 113 of this Act if the court is determining a new consent application or an application for a change to, or cancellation of, a resource consent).
In section 115(2), replace “section 88(2) of the Resource Management Act 1991”
with “section 239(4) of the Natural and Built Environment Act 2023”
.
Replace section 115(2)(b) with:
(b)
an assessment of environmental effects that complies, to the extent that is relevant, with Schedule 9 of that Act, modified to replace—
(i)
a reference to the purpose of that Act with a reference to subpart 1 of Part 1 of this Act:
(ii)
a reference to a natural and built environment plan with a reference to a natural and built environment plan as overridden by, added to, or suspended by the development plan.
In section 115(4)(a)(i), delete “or restricted discretionary”
.
In section 115(4)(a)(ii), delete “or non-complying”
.
In section 115(6), replace “section 88 of the Resource Management Act 1991”
with “section 239 of the Natural and Built Environment Act 2023”
.
In section 116(2), replace “Sections 88A to 88E, 89, and 89A of the Resource Management Act 1991”
with “Sections 222, 225, 253 to 257, 262, and 263 of the Natural and Built Environment Act 2023”
.
Replace section 116(3) with:
(3)
Section 241 of the Natural and Built Environment Act 2023 (deferral pending application for additional consents) applies, modified by reading the reference to additional consents under that Act as a reference to additional consents under a development plan or under that Act (see section 241(1)(a) of that Act).
Replace section 117 with:
117 Deferral and suspension
Sections 242 to 248 of the Natural and Built Environment Act 2023 apply to applications made under this subpart or under that Act for further consents in relation to a project area.
In section 118(1), replace “section 92 of the Resource Management Act 1991”
with “sections 249 and 184 of the Natural and Built Environment Act 2023”
.
In section 118(2), replace “Sections 92A and 92B of the Resource Management Act 1991”
with “Sections 250 and 251 of the Natural and Built Environment Act 2023”
.
In section 119(2), replace “in a plan as modified by”
with “in a natural and built environment plan as overridden by, added to, or suspended by”
.
Replace section 119(3) with:
(3)
For activities other than those required to be notified by rules in a development plan or natural and built environment plan, the consent authority may determine whether to notify an application for a resource consent, applying the relevant provisions of sections 264 to 205 of the Natural and Built Environment Act 2023, modified by—
(a)
reading a reference to a natural and built environment plan—
(i)
as a reference to a natural and built environment plan as overridden by, added to, or suspended by the development plan; and
(ii)
as including a reference to a development plan; and
(b)
applying the time limits required under subsection (4) instead of that provided for in section 266(2) of the Natural and Built Environment Act 2023.
In section 119(4)(a), delete “and restricted discretionary”
.
Replace section 119(6) with:
(6)
A rule for notification continues to apply if—
(a)
the rule is in a natural and built environment plan as overridden by, added to, or suspended by the development plan; or
(b)
the rule is in the national planning framework.
In section 120(1)(a), delete “or restricted discretionary”
.
In section 120(3), replace “section 115 of the Resource Management Act 1991”
with “section 302 of the Natural and Built Environment Act 2023”
.
In section 121(1), replace “sections 96 to 99A and 100A of the Resource Management Act 1991”
with “sections 272 to 280 of the Natural and Built Environment Act 2023”
.
In section 121(3), replace “section 100A(2) and (4)”
with “section 280(2) and (4) of the Natural and Built Environment Act 2023”
.
Replace section 122(5) with:
(5)
Despite subsections (2) to (4), there is no right to a hearing in respect of applications for resource consents for land use or subdivision activities that are anticipated activities under the natural and built environment plan as that plan is overridden by, added to, or suspended by the development plan.
In section 122(6), replace “section 41D of the Resource Management Act 1991”
with “clause 90 of Schedule 6 of the Natural and Built Environment Act 2023”
.
In section 123, replace “Sections 101 to 103B of the Resource Management Act 1991”
with “Sections 279 and 281 to 285 of the Natural and Built Environment Act 2023”
.
In section 123(a), replace “section 101(3)”
with “section 279(3)”
.
In section 123(b), replace “section 102(2)”
with “section 281(2)”
.
In section 123(c), replace “section 103B(2)(a)”
with “section 284(2)(a)”
.
In section 123(c), replace “section 42A(1)”
with “clause 92 of Schedule 6”
.
In section 124(a), replace “iwi participation legislation”
with “iwi and hapū participation legislation”
.
In section 124(b), replace “regional or district plan”
with “natural and built environment plan”
.
Replace section 125 with:
125 Conditions and other obligations
Sections 294 to 299 and 677 of the Natural and Built Environment Act 2023 apply to resource consents granted under this subpart by a consent authority, but with the following modifications:
(a)
for the purposes of section 294(1) of that Act, the consent authority may include a condition when granting a resource consent only after being satisfied—
(i)
of the matters described in section 294(1)(a) and (b) of that Act; and
(ii)
that the condition will not adversely affect the ability of the specified development project to achieve its project objectives:
(b)
in section 294(2)(b)(ii) of that Act, the reference to an applicable provision in a natural and built environment plan means a provision in an applicable natural and built environment plan as overridden by, added to, or suspended by a development plan:
(c)
in section 295(3) of that Act, a reference to a natural and built environment plan means a natural and built environment plan as overridden by, added to, or suspended by a development plan:
(d)
in section 677(3) of that Act, the reference to section 171 of the Local Government Act 2002 is a reference to section 280 of this Act.
In section 126(1), replace “Sections 113 and 114(1) to (3) of the Resource Management Act 1991”
with “Sections 301 and 303(1) to (3) of the Natural and Built Environment Act 2023”
.
In section 126(1)(a), replace “section 113(1)(a)”
with “section 301(1)(b)”
.
Replace section 126(1)(b) with:
(b)
in section 301(1)(c) of that Act, a reference to a natural and built environment plan is a reference to a natural and built environment plan, as the case requires, overridden by, added to, or suspended by a development plan:
In section 126(1)(c), replace “section 114(2)”
with “section 303(2)”
.
In section 127, replace “Sections 116 to 119A of the Resource Management Act 1991”
with “Sections 318 to 325 of the Natural and Built Environment Act 2023”
.
In section 128(1), replace “Sections 357 to 358 of the Resource Management Act 1991”
with “Sections 764 to 771 of the Natural and Built Environment Act 2023”
.
In section 129(3), replace “section 120 of the Resource Management Act 1991”
with “section 313 of the Natural and Built Environment Act 2023”
.
Replace section 129(4) with:
(4)
Section 314 of the Natural and Built Environment Act 2023 applies to an appeal under this section, except that the reference in section 314(1)(c) to the consent authority must be read as including Kāinga Ora if Kāinga Ora is not the consent authority.
Replace section 130 with:
130 Right of appeal against direction given under section 206 of Natural and Built Environment Act 2023
Nothing in this Act limits or affects a right of appeal to the High Court on points of law under clause 79 of Schedule 13 of the Natural and Built Environment Act 2023 that a person may have against a direction given under section 206 of that Act (which relates to the reasonable use of land that is subject to controls).
In section 131(1), replace “section 167 of the Resource Management Act 1991”
with “section 513 of the Natural and Built Environment Act 2023”
.
Replace section 132(3) and (4) with:
(3)
Sections 517 to 546 of the Natural and Built Environment Act 2023 apply, with all necessary modifications, as if—
(a)
a reference to a territorial authority or regional planning committee were a reference to Kāinga Ora, as the context may require; and
(b)
a reference to a natural and built environment plan were a reference to a natural and built environment plan as overridden by, added to, or suspended by a development plan; and
(c)
a reference to the purpose of the Natural and Built Environment Act 2023 were a reference to the project objectives of the specified development project and subpart 1 of Part 1 of this Act; and
(d)
the references to a proposed plan in sections 526 and 533(3)(d) of the Natural and Built Environment Act 2023 were references to the draft development plan; and
(e)
a reference to a recommendation of a territorial authority or regional planning committee (or both) were a reference to a decision of Kāinga Ora; and
(f)
a reference to the process in Schedule 6 of the Natural and Built Environment Act 2023 were a reference to the process for preparing a development plan under subpart 2 of Part 2 of this Act; and
(g)
a reference to clause 30 of Schedule 6 of the Natural and Built Environment Act 2023 were a reference to, as applicable, section 65, 66, 67, or 134(4) of this Act.
(4)
References to a proposed natural and built environment plan in sections 522, 527, 530, 531, and 536 of the Natural and Built Environment Act 2023 do not apply to designations within the meaning of this subpart.
In section 132(5), replace “Section 180 of the Resource Management Act 1991”
with “Section 541 of the Natural and Built Environment Act 2023”
.
In section 132(6), replace “Section 186 of the Resource Management Act 1991”
with “Section 540 of the Natural and Built Environment Act 2023”
.
In the heading to section 133, replace “Part 8 of Resource Management Act 1991”
with “Part 9 of Natural and Built Environment Act 2023”
.
In section 133(1), replace “section 176(1) of the Resource Management Act 1991”
with “section 531(1) of the Natural and Built Environment Act 2023”
.
In section 133(2), replace “section 176(1)(b) of the Resource Management Act 1991”
with “section 531(1)(b) of the Natural and Built Environment Act 2023”
.
In section 133(3), replace “section 177 of the Resource Management Act 1991”
with “section 532 of the Natural and Built Environment Act 2023”
.
In section 133(3)(b), replace “district plan”
with “natural and built environment plan”
.
Replace section 133(5) with:
(5)
Section 526 of the Natural and Built Environment Act 2023 applies with the necessary modifications, including the following:
(a)
subsection (1) of that section does not apply:
(b)
subsection (2) of that section applies if Kāinga Ora proposes to include a requirement in a draft development plan under section 67 or 134(4) of this Act.
(5A)
Sections 527 and 528 of the Natural and Built Environment Act 2023 apply with the necessary modifications, including the following:
(a)
section 527(2) of that Act does not apply:
(b)
section 527(3) of that Act applies as if the person considering a requirement (whether Kāinga Ora or a local authority) must—
(i)
have regard to the matters set out in that subsection (other than subsection (3)(b)); and
(ii)
have particular regard to—
(A)
the project objectives of the specified development project and subpart 1 of Part 1 of this Act; and
(B)
whether the work and designation are reasonably necessary for achieving the project objectives:
(c)
a requiring authority making a decision under section 528 of the Natural and Built Environment Act 2023 must have particular regard to the matters described in paragraph (b)(ii) of this subsection.
In section 133(6), replace “Section 178(2) to (6) of the Resource Management Act 1991”
with “Section 533(2) to (6) of the Natural and Built Environment Act 2023”
.
In section 135(2), replace “section 145 of the Resource Management Act 1991”
with “clause 60 of Schedule 10 of the Natural and Built Environment Act 2023”
.
In section 136(2), replace “section 168 of the Resource Management Act 1991”
with “section 517 of the Natural and Built Environment Act 2023”
.
In section 136(4), replace “Sections 169 to 185 (but not section 175) of the Resource Management Act 1991”
with “Sections 517 to 542 (but not section 530) of the Natural and Built Environment Act 2023”
.
In section 136(5), replace “Resource Management Act 1991 provided in section 132(3)(a), (c), and (g), (4), (5), and (6)”
with “Natural and Built Environment Act 2023 provided in section 132(3)(c) and (d), (4), (5), and (6)”
.
Replace section 136(7) with:
(7)
A designation applying wholly outside a project area must be included in the relevant natural and built environment plan, as required by section 530 of the Natural and Built Environment Act 2023.
In section 136(8)(b), replace “district plan”
with “natural and built environment plan”
.
Replace section 136(9) with:
(9)
A designation referred to in subsection (6), (7), or (8) must be included in a development plan or natural and built environment plan, as the case requires, without applying section 91 of this Act or Schedule 6 of the Natural and Built Environment Act 2023.
In section 144(3)(c), replace “a scheme plan, an operative district scheme, or a district plan”
with “a natural and built environment plan”
.
In section 223(1)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 232(1)(a)(i), replace “section 224(c) of the Resource Management Act 1991”
with “section 587 of the Natural and Built Environment Act 2023”
.
In section 232(1)(a)(ii), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 235(4)(d), replace “section 244 of the Resource Management Act 1991”
with “section 587 of the Natural and Built Environment Act 2023”
.
Replace section 244(1)(g)(ii) with:
(ii)
under section 337 of the Natural and Built Environment Act 2023:
Repeal section 244(1)(g)(iii) and (h).
In section 244(1)(j)(i), replace “section 36 of the Resource Management Act 1991 (see section 36(1)(g) of that Act)”
with “section 757 of the Natural and Built Environment Act 2023”
.
In section 265(4)(d), replace “section 224 of the Resource Management Act 1991”
with “section 587 of the Natural and Built Environment Act 2023”
.
In Schedule 1, after Part 1, insert:
Part 2 Provisions relating to Natural and Built Environment Act 2023
2 Meaning of region’s NBEA date
In this Part, region’s NBEA date has the meaning given in clause 1 of Schedule 1 of the Natural and Built Environment Act 2023.
3 Transitional provisions for projects under way before region’s NBEA date
(1)
This clause applies if a specified development project is under way, but not completed, immediately before the relevant region’s NBEA date.
(2)
The project may continue to proceed under the development plan provisions, planning instruments, and other relevant legislation as in force immediately before the region’s NBEA date if—
(a)
the development plan has already been approved; or
(b)
the development plan has been notified but is subject to any amendments or decisions before being approved.
(3)
Subclause (2) does not apply if the development plan is prepared after the region’s NBEA date.
(4)
At the review of a development plan in accordance with section 90(1) after commencement, the development plan may be amended to align with the legislative changes made to this Act by the Natural and Built Environment Act 2023 that are in force when the review is conducted.
(5)
Any project area shown in a planning instrument must also be included in the relevant natural and built environment plan under the Natural and Built Environment Act 2023 when it is prepared, unless the project has been disestablished.
(6)
In subclause (2), relevant legislation means this Act and any other legislation that—
(a)
applies to the project by operation of this Act; and
(b)
is amended by the Natural and Built Environment Act 2023.
4 Disestablishment process for projects disestablished after natural and built environment plan notified
(1)
This clause applies if,—
(a)
before a natural and built environment plan for a region is notified, a development plan for a project in the region overrode, added to, or suspended a planning instrument under the Resource Management Act 1991; and
(b)
a disestablishment proposal for the project—
(i)
is being prepared when the natural and built environment plan is notified; or
(ii)
is started after the natural and built environment plan is notified (including at any time when the plan is operative).
(2)
Kāinga Ora must—
(a)
identify any provisions of the development plan that it considers should be carried across to the natural and built environment plan (the continued provisions) and consider how those provisions can be aligned with the natural and built environment plan; and
(b)
provide an opportunity for the local authorities and regional planning committee for the project area to provide comments on the format and drafting of the continued provisions.
(3)
Unless any comments about the format and drafting of the continued provisions are provided within 20 working days, those provisions are to be considered appropriate for inclusion into the natural and built environment plan.
(4)
Kāinga Ora must consider any comments received on the continued provisions and may amend any of those provisions in response to the comments received.
(5)
As soon as practicable after the disestablishment order for the project takes effect, and without using any plan change process under the Natural and Built Environment Act 2023, the regional planning committee must—
(a)
include the continued provisions (with any amendments made under subclause (4)) in the natural and built environment plan: and
(b)
include in the natural and built environment plan any designations that are in the development plan; and
(c)
remove the project area from the natural and built environment plan.
5 Interim modifications to certain provisions
(1)
The following provisions of this Act (as amended by the Natural and Built Environment Act 2023) apply with the following modifications:
(a)
in section 109(1)(b)(i), the reference to the Natural and Built Environment Act 2023 must be read as a reference to the Resource Management Act 1991:
(b)
in section 119(2), the reference to a natural and built environment plan must be read as a reference to a planning instrument:
(c)
in section 126(1)(a), the reference to section 301(1)(b) of the Natural and Built Environment Act 2023 must be read as a reference to section 113(1)(aa) of the Resource Management Act 1991:
(d)
in section 235(4)(d), the reference to section 587 of the Natural and Built Environment Act 2023 must be read as a reference to section 224 of the Resource Management Act 1991.
(2)
A modification set out in this clause ceases to apply in relation to a region on the region’s NBEA date.
(3)
This clause overrides clause 85 of Schedule 1 of the Natural and Built Environment Act 2023.
In Schedule 2, clause 10(2)(b), replace “section 10, 10A, 10B, or 20A(2) of the Resource Management Act 1991”
with “sections 30 to 34 of the Natural and Built Environment Act 2023”
.
In Schedule 2, replace clause 10(3) with:
(3)
After a disestablishment order comes into force, the relevant local authorities, without using the processes in Schedule 6 of the Natural and Built Environment Act 2023,—
(a)
may include any applicable plan outcomes and policies, rules, and other methods from a development plan in the natural and built environment plan; and
(b)
must update the natural and built environment plan to include the designations that were in the development plan; and
(c)
must remove the project area from the natural and built environment plan.
In Schedule 2, clause 10(6), replace “planning instruments”
with “natural and built environment plan”
.
In Schedule 3, replace clause 1(2) with:
(2)
At least 1 member of an IHP who is an accredited person in accordance with clause 82 of Schedule 6 of the Natural and Built Environment Act 2023 must be given hearing authority under clause 83 of Schedule 6 of that Act, but more than 1 member who is accredited may be given hearing authority.
In Schedule 3, clause 1(4)(c), replace “the Treaty of Waitangi”
with “te Tiriti o Waitangi”
.
In Schedule 3, clause 1(4)(e), replace “iwi participation legislation”
with “iwi and hapū participation legislation”
.
In Schedule 3, replace clause 6(1)(b) with:
(b)
by any person accredited in accordance with clause 98 of Schedule 6 of the Natural and Built Environment Act 2023 or is otherwise suitably skilled to undertake the role, as long as the person is not involved in the preparation of the draft development plan or its supporting documents.
In Schedule 3, clause 8(2), replace “section 149J of the Resource Management Act 1991”
with “clause 75 of Schedule 10 of the Natural and Built Environment Act 2023”
.
Waitakere Ranges Heritage Area Act 2008 (2008 No 1 (L))
In section 4(2), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 7(2)(i), after “built environment”
, insert “and amenity values”
.
After section 7(2), insert:
(3)
In this section, amenity values means those natural or physical qualities and characteristics of an area that contribute to people’s appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes.
Replace sections 9 to 11 and the cross-heading above section 9 with:
Matters relating to Natural and Built Environment Act 2023
9 Relationship between this Act and Natural and Built Environment Act 2023
(1)
If a conflict arises between this Act and the Natural and Built Environment Act 2023, the Natural and Built Environment Act 2023 prevails.
(2)
Subsection (1) does not apply to section 13(1)(a)(ii) or 15(2)(b).
10 Plans under Natural and Built Environment Act 2023
(1)
When preparing or reviewing a plan under the Natural and Built Environment Act 2023 that affects the heritage area, the planning committee must give effect to the purpose of this Act and the objectives.
(2)
The requirements in subsection (1) are in addition to the requirements in Part 5 of the Natural and Built Environment Act 2023.
(3)
When evaluating a proposed plan under the Natural and Built Environment Act 2023 that affects the heritage area, the regional planning committee must also examine whether the proposed plan is the most appropriate way to achieve the objectives (having regard to the purpose of this Act).
(4)
The requirements in subsection (3) are in addition to the requirements in clause 27(1) of Schedule 6 of the Natural and Built Environment Act 2023.
In section 12(3)(a), replace “clause 22 of Schedule 1 of the Resource Management Act 1991”
with “clause 68 of Schedule 6 of the Natural and Built Environment Act 2023”
.
In section 12(4), replace “section 65(4) or 73(2) of the Resource Management Act 1991”
with “clause 67 of Schedule 6 of the Natural and Built Environment Act 2023”
.
In section 12(4)(a), replace “regional or district plan”
with “plan under the Natural and Built Environment Act 2023”
.
In section 13(1), delete “or non-complying”
.
In section 13(1)(a)(ii), replace “national policy statement or New Zealand coastal policy statement”
with “national planning framework”
.
In section 13(1)(b), replace “regional and district plans”
with “plans”
.
In section 13(2), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Replace section 13(3) with:
(3)
When considering an application for resource consent for an anticipated activity in the heritage area, a consent authority must consider the purpose of this Act and the relevant objectives as if they were matters over which a plan or the national planning framework has reserved control.
In section 14, replace “section 108 of the Resource Management Act 1991”
with “section 295 of the Natural and Built Environment Act 2023”
.
In the heading to section 15, after “heritage”
, insert “protection”
.
Replace section 15(1) with:
(1)
Subsection (2) applies to a person if the person is making a decision or recommendation that relates to the heritage area or a part of it for—
(a)
a designation under subpart 1 of Part 9 of the Natural and Built Environment Act 2023; or
(b)
a heritage protection order under subpart 2 of Part 9 of the Natural and Built Environment Act 2023.
In section 15(2)(b), replace “national policy statement or New Zealand coastal policy statement”
with “national planning framework”
.
In section 15(3), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 16, replace “Sections 309 to 313 of the Resource Management Act 1991 apply as if the following matters were stated in section 310”
with “Sections 636 to 640 of the Natural and Built Environment Act 2023 apply as if the following matters were stated in section 637”
.
In the heading to section 28, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Replace section 28(1) with:
(1)
A regional planning committee may include in a plan made under the Natural and Built Environment Act 2023 any part of an LAP that relates to managing the use, development, or protection of natural and physical resources.
In section 28(2), replace “Part 1 of Schedule 1 of the Resource Management Act 1991”
with “Schedule 6 of the Natural and Built Environment Act 2023”
.
In section 28(3) and (4), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 35(b), replace “Schedule 11 of the Resource Management Act 1991”
with “Schedule 14 of the Natural and Built Environment Act 2023”
.
Waste Minimisation Act 2008 (2008 No 89)
In section 5(1), definition of environment, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
Water Services Act 2021 (2021 No 36)
In section 3(1)(b), replace “Resource Management Act 1991, regulations made under that Act, and the National Policy Statement for Freshwater Management”
with “Natural and Built Environment Act 2023, regulations made under that Act, and the relevant part of the national planning framework under that Act”
.
In section 5, repeal the definition of National Policy Statement for Freshwater Management.
In section 5, insert in its appropriate alphabetical order:
NPF freshwater provisions means a framework rule under the Natural and Built Environment Act 2023 that relates to freshwater management
Replace section 14(1) with:
(1)
In this Act, Te Mana o te Wai—
(a)
has the meaning set out in the national planning framework made by Order in Council under section 103 of the Natural and Built Environment Act 2023 (and see also sections 5, 10, 17, and 18 of this Act):
(b)
applies, for the purposes of this Act, to water (as that term is defined in section 11(1) of the Natural and Built Environment Act 2023.
In section 41, replace “Resource Management Act 1991, regulations made under that Act, and the National Policy Statement for Freshwater Management”
with “Natural and Built Environment Act 2023, regulations made under that Act, and the national planning framework freshwater provisions”
.
In section 43(2)(d), replace “National Policy Statement for Freshwater Management”
with “NPF freshwater provisions”
.
In the heading to section 65, replace “Part 3 of Resource Management Act 1991”
with “Part 2 of Natural and Built Environment Act 2023”
.
In section 65(1), replace “Part 3 of the Resource Management Act 1991”
with “Part 2 of the Natural and Built Environment Act 2023”
.
In section 66(1), replace “Part 3 of the Resource Management Act 1991”
with “Part 2 of the Natural and Built Environment Act 2023”
.
In section 67, replace “Part 3 of the Resource Management Act 1991”
with “Part 2 of the Natural and Built Environment Act 2023”
.
In section 106(1), replace “sections 9, 12, 13, 14, and 15 of the Resource Management Act 1991”
with “sections 21, 23, 24, 25, and 26 of the Natural and Built Environment Act 2023”
.
Water Services Entities Act 2022 (2022 No 77)
In section 6, replace the definition of Te Mana o te Wai with:
Te Mana o te Wai—
(a)
has the meaning set out in the national planning framework made by Order in Council under section 103 of the Natural and Built Environment Act 2023 (and see also sections 4, 5, and 14 of this Act); and
(b)
applies, for the purposes of this Act, to water (as that term is defined in section 11(1) of the Natural and Built Environment Act 2023
Wellington Regional Council (Water Board Functions) Act 2005 (2005 No 1 (L))
In section 3, definition of renewable energy, replace “section 2 of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
Wellington Town Belt Act 2016 (2016 No 1 (L))
In section 28(7), replace “Section 11 and Part 10 of the Resource Management Act 1991”
with “Section 22 and Part 10 of the Natural and Built Environment Act 2023”
.
Whakarewarewa and Roto-a-Tamaheke Vesting Act 2009 (2009 No 50)
Repeal section 9(1).
In section 9(2)(c), replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 25(3), replace “section 11 and Part 10 of the Resource Management Act 1991”
with “section 22 and Part 10 of the Natural and Built Environment Act 2023”
.
Whakatane Paper Mills, Limited, Water-supply Empowering Act 1936 (1936 No 7 (P))
In section 24A(b), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Part 2Amendments to Fisheries Act 1996
Section 2
In section 2(1), definition of aquaculture activities, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 2(1), definition of coastal marine area and coastal permit, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 2(1), repeal the definition of regional plan.
In section 2(1), insert in their appropriate alphabetical order:
NBEA plan means a plan for a region under the Natural and Built Environment Act 2023
regional planning committee has the meaning set out in section 11 of the Natural and Built Environment Act 2023
Section 6
In the heading to section 6, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 6(1), replace “regional plan”
with “natural and built environment plan”
.
In section 6(2)(a), replace “section 30(1)(d) of the Resource Management Act 1991”
with “section 50(b) of the Natural and Built Environment Act 2023”
.
In section 6(3), definition of occupy, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
Section 11
Replace section 11(2)(a) with:
(a)
any NBEA plan or proposed NBEA plan; and
Section 182
In section 182, replace “sections 299 and 308 of the Resource Management Act 1991”
with “clauses 79 and 88 of Schedule 13 of the Natural and Built Environment Act 2023”
.
Section 186C
In section 186C, insert in their appropriate alphabetical order:
aquaculture area has the meaning given in section 11 of the Natural and Built Environment Act 2023
aquaculture area decision means a determination or a reservation in respect of an aquaculture area and the aquaculture activities that may be carried out in the area
In section 186C, definitions of coastal permit and regional council, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 186C, definition of application for a coastal permit, paragraph (a), replace “section 88 of the Resource Management Act 1991”
with “section 239 of the Natural and Built Environment Act 2023”
.
In section 186C, definition of application for a coastal permit, paragraph (b)(i), replace “section 127”
with “section 334”
.
In section 186C, definition of application for a coastal permit, paragraph (b)(ii), replace “section 128”
with “section 337”
.
In section 186C, replace the definition of determination with:
determination,—
(a)
in relation to a coastal permit, means a decision by the chief executive that they are satisfied that the aquaculture activities authorised by the coastal permit will not have an undue adverse effect on fishing:
(b)
in relation to an aquaculture area, means a decision by the chief executive that they are satisfied that the aquaculture activities provided for within the aquaculture area will not have an undue adverse effect on fishing
In section 186C, replace the definition of reservation with:
reservation,—
(a)
in relation to a coastal permit, means a decision by the chief executive that they are not satisfied that the aquaculture activities authorised by the coastal permit will not have an undue adverse effect on fishing:
(b)
in relation to an aquaculture area, means a decision by the chief executive that they are not satisfied that the aquaculture activities provided for within the aquaculture area will not have an undue adverse effect on fishing
Section 186D
In section 186D(1), replace “section 107F of the Resource Management Act 1991”
with “section 293 of the Natural and Built Environment Act 2023”
.
Section 186E
In section 186E(1), replace “section 114 of the Resource Management Act 1991”
with “section 303 of the Natural and Built Environment Act 2023”
.
Section 186F
In section 186F(3), replace “section 114(5) of the Resource Management Act 1991”
with “section 303(5) of the Natural and Built Environment Act 2023”
.
Section 186GA
In section 186GA(a)(ii) and (b), after “Resource Management Act 1991”
, insert “or the Natural and Built Environment Act 2023”
.
In section 186GA(d), replace “section 114(6) of the Resource Management Act 1991”
with “section 303(6) of the Natural and Built Environment Act 2023”
.
New section 186GAA
After section 186GA, insert:
186GAA Aquaculture decisions must not be made in relation to certain areas
The chief executive must not make an aquaculture decision in relation to any part of an aquaculture area that is subject to a coastal permit for aquaculture activities for which an aquaculture area decision has already been made.
New subpart 1A of Part 9A
After section 186J, insert:
Subpart 1A—Aquaculture area decisions
186JA Chief executive may seek information or consult certain persons for purposes of making aquaculture area decision
(1)
After receiving a request under section 491 of the Natural and Built Environment Act 2023 for an aquaculture area decision, the chief executive may, for the purpose of making an aquaculture area decision, seek information from—
(a)
the person who requested the aquaculture area decision:
(b)
any fisher whose interests may be affected:
(c)
the relevant regional planning committee:
(d)
persons and organisations that the chief executive considers represent the classes of persons who have customary, commercial, or recreational fishing interests that may be affected by the aquaculture activities that may be carried out within the aquaculture area.
(2)
For the purposes of subsection (1), the chief executive—
(a)
may set a date by which information must be provided and may grant 1 or more extensions of that date if the chief executive considers it necessary to do so; and
(b)
is not required to consider or take into account any information received after that date or extended date (as the case may be).
(3)
Before making an aquaculture area decision under section 186JB or a decision to extend it under section 186JI, the chief executive may consult any of the persons or organisations specified in subsection (1).
(4)
For the purposes of subsection (3), the chief executive—
(a)
may set a date by which the consultation is to be completed and may grant 1 or more extensions of that date if they consider it necessary to do so; and
(b)
is not required to consider or take into account any submissions made for the purposes of the consultation received after that date or extended date (as the case may be).
186JB Chief executive to make aquaculture area decision
(1)
Within 4 months after receiving a request for an aquaculture area decision under section 491 of the Natural and Built Environment Act 2023, the chief executive must—
(a)
make a determination; or
(b)
make a reservation; or
(c)
make 1 or more determinations or reservations, or both, in relation to different parts of the aquaculture area to which the request relates.
(2)
The period of 4 months referred to in subsection (1) excludes—
(a)
a period during which the chief executive is undertaking consultation under section 186JA(3); and
(b)
a period during which the chief executive is, in compliance with section 186JC(1), making an aquaculture area decision in relation to a prior request.
(3)
In making an aquaculture area decision, the chief executive must have regard to—
(a)
information held by the Ministry; and
(b)
information supplied, or submissions made, to the chief executive under section 186JA(1) or (3); and
(c)
information that is forwarded by the person who requested the decision; and
(d)
any other information that the chief executive has requested and obtained.
(4)
For the purposes of this section, the chief executive is not required to consider or take into account any information received after the dates specified under section 186JA(2) and (4).
186JC Order in which requests for aquaculture area decisions to be processed
(1)
The chief executive must make aquaculture area decisions in the same order in which the requests for the aquaculture decisions or aquaculture area decisions are received.
(2)
However, the chief executive may make aquaculture area decisions in a different order from that required by subsection (1), but only if satisfied that making an aquaculture area decision out of order will not have an adverse effect on any other previously received requests for an aquaculture decision under section 303 of the Natural and Built Environment Act 2023 or an aquaculture area decision under section 491 of that Act.
186JD Provision of fisheries information relating to stock
For the purposes of this subpart and subparts 1 and 4, the chief executive may, by notice in the Gazette, specify the manner and form in which fisheries information relating to stocks is to be made publicly available by the Ministry of Fisheries.
186JE Matters to be considered before aquaculture area decision made
In making an aquaculture area decision, the chief executive must have regard only to the following matters:
(a)
the location of the aquaculture area in relation to areas in which fishing is carried out:
(b)
the likely effect of the aquaculture activities that may be carried out in the aquaculture area on fishing of any fishery, including the proportion of any fishery likely to become affected:
(c)
the degree to which those aquaculture activities, if carried out in the aquaculture area, will lead to the exclusion of fishing:
(d)
the extent to which fishing for a species in the location of the aquaculture area can be carried out in other areas:
(e)
the extent to which the occupation of the aquaculture area by aquaculture activities will increase the cost of fishing:
(f)
the cumulative effect on fishing of any authorised aquaculture activities, including any structures authorised before the introduction of any relevant stock to the quota management system:
(g)
the rules of the NBEA plan that relate to the relevant aquaculture area.
186JF Requirements for aquaculture area decision
(1)
An aquaculture area decision must—
(a)
be in writing; and
(b)
define the areas that are subject to the decision; and
(c)
provide reasons for the decision; and
(d)
be notified to—
(i)
the person that requested the decision; and
(ii)
the relevant consent authority; and
(iii)
the persons and organisations who supplied information to the chief executive under section 186JA(1); and
(iv)
the persons and organisations consulted by the chief executive under section 186JA(3).
(2)
The fact that an aquaculture area decision has been made and where a copy can be obtained must be—
(a)
notified in the Gazette; and
(b)
made accessible via the Internet.
(3)
If the chief executive makes a determination, the determination may—
(a)
specify any aquaculture area rule that is material to the decision and that relates to the character, intensity, or scale of the aquaculture activities within the aquaculture area; and
(b)
state that the aquaculture area rules may not be changed or cancelled until the chief executive makes a further aquaculture area decision in relation to the area affected by the change or cancellation.
(4)
If the chief executive makes a reservation, the reservation must also—
(a)
specify whether the reservation relates to customary, recreational, or commercial fishing, or a combination of them; and
(b)
if the reservation relates to commercial fishing, the stocks and areas concerned, specify any stocks subject to the quota management system and any other stock not subject to the quota management system; and
(c)
include any other matters required by regulations to be included.
(5)
The chief executive must include, in the notification under subsection (1)(d),—
(a)
the information specified in subsections (1)(b) and (c), (3), and (4), as appropriate; and
(b)
information about where a copy of the determination or reservation can be obtained.
186JG Judicial review of aquaculture area decision
(1)
Any person wishing to seek, under the Judicial Review Procedure Act 2016, judicial review of an aquaculture area decision must do so within 30 working days after the notification of the decision under section 186JF(2)(a).
(2)
The chief executive must notify the relevant regional planning committee and regional council of—
(a)
any proceedings brought to seek judicial review of an aquaculture area decision; and
(b)
the result of those proceedings, including any appeals.
186JH Expiry of aquaculture area decision
(1)
An aquaculture area decision expires 9 years after the date that the decision is notified under section 186JF, except in the following circumstances:
(a)
if regulations under section 793 of the Natural and Built Environment Act 2023 amend any relevant aquaculture area rules, the aquaculture area decision expires on the date that the regulations come into force:
(b)
if, in accordance with Part 1 of Schedule 6 of the Natural and Built Environment Act 2023, a regional planning committee reviews an NBEA plan and approves changes to any relevant aquaculture area rules, the aquaculture area decision expires on the date that the plan change becomes operative:
(c)
if an NBEA plan is undergoing its 9-yearly review under Part 2 of Schedule 6 of the Natural and Built Environment Act 2023, the aquaculture area decision does not expire until—
(i)
the date on which the new plan becomes operative; or
(ii)
the date on which a plan change that amends a relevant aquaculture area rule becomes operative; or
(iii)
the date on which the regional planning committee publishes the results of the review, if there is no plan change that affects a relevant aquaculture area rule.
(2)
In this section, relevant aquaculture area rule means an aquaculture rule in an NBEA plan that is the subject of or affected by a determination under section 186JF(3).
186JI Extension of duration of aquaculture area decision
If the chief executive receives a request for an extension of the duration of an aquaculture area decision under section 494 of the Natural and Built Environment Act 2023, the chief executive may extend the expiry of the aquaculture area decision for a further 9 years if the chief executive is satisfied that there has been no significant change to the nature and extent of fishing in the aquaculture area since the previous aquaculture area decision.
Section 186N
In section 186N(2), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Section 186R
In section 186R(2), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Section 186S
In section 186S(2)(a)(i), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Section 186ZD
In section 186ZD, insert in their appropriate alphabetical order:
proposed aquaculture activity means any aquaculture activity authorised by the coastal permit or any aquaculture activity provided for within the aquaculture area
reservation means a reservation decision made under subpart 1 or 1A of Part 9A
New section 186ZEA
After section 186ZE, insert:
186ZEA Negotiator in respect of aquaculture area decisions
(1)
If an aquaculture area decision includes a reservation in relation to stocks subject to the quota management system, the Minister responsible for aquaculture must appoint a negotiator for the purpose of—
(a)
obtaining consent from quota owners (see section 186ZF) and registering an aquaculture agreement:
(b)
providing compensation to quota owners and registering a compensation declaration.
(2)
If an aquaculture agreement or a compensation declaration is registered by the negotiator, the negotiator must make the terms of the aquaculture agreement or compensation declaration available to any person who applies for a resource consent or an authorisation for an aquaculture activity in the aquaculture area.
(3)
The negotiator may be—
(a)
the Minister responsible for aquaculture or a person or body appointed by the Minister; or
(b)
a body that represents aquaculture interests (including the Aquaculture Settlement Trustee).
Section 186ZF
Replace section 186ZF(3) and (4) with:
(3)
After an aquaculture agreement is registered, no person whose consent is contained in the agreement may revoke the consent, but the consent and the aquaculture agreement itself come to an end when—
(a)
the coastal permit to which they relate comes to an end, unless it is replaced by a new permit in accordance with section 487 of the Natural and Built Environment Act 2023; or
(b)
the aquaculture area decision expires under section 186JH, unless it has been extended by the chief executive under section 186JI.
(4)
For the purposes of this section, subsection (2) applies to the persons specified in that subsection as at 5 pm on the date on which the chief executive gives notice of—
(a)
a reservation under section 186H(2)(a) in relation to the coastal permit concerned; or
(b)
a reservation under section 186JF(2)(a) in relation to an aquaculture area.
Section 186ZH
In section 186ZH(2)(b), replace “registered.”
with “registered; and”
.
After section 186ZH(2)(b), insert:
(c)
notify the relevant consent authority that the agreement has been registered.
Section 186ZHA
In section 186ZHA(2)(b), replace “registered.”
with “registered; and”
.
After section 186ZHA(2)(b), insert:
(c)
notify the relevant consent authority that the declaration has been registered.
Section 186ZI
Replace section 186ZI(1)(b) with:
(b)
within 6 months after the notification of—
(i)
the reservation under section 186H(2)(a) in relation to the coastal permit concerned; or
(ii)
the reservation under section 186JF(2)(a) in relation to an aquaculture area.
In section 186ZI(4)(c), after “chief executive’s aquaculture decision”
, insert “or aquaculture area decision”
.
Section 186ZIA
Replace section 186ZIA(1)(b) with:
(b)
within 6 months after the date of the notification of—
(i)
the reservation under section 186H(2)(a) in relation to the coastal permit concerned; or
(ii)
the reservation under section 186JF(2)(a) in relation to an aquaculture area.
In section 186ZIA(4)(c), after “chief executive’s aquaculture decision”
, insert “or aquaculture area decision”
.
Section 186ZK
In section 186ZK(1), after “must”
, insert “, in the case of an aquaculture decision or an aquaculture area decision,”
.
Section 186ZL
In section 186ZL(1) and (3), after “section 186E”
, insert “or 186JB”
.
In section 186ZL(2), after “section 186H”
, insert “or 186JF”
.
Section 186ZM
In section 186ZM(1), replace “section 114 of the Resource Management Act 1991”
with “section 303 of the Natural and Built Environment Act 2023”
.
In section 186ZM(5)(b), replace “section 165ZH of the Resource Management Act 1991”
with “section 487 of the Natural and Built Environment Act 2023”
.
New section 186ZNA
After section 186ZN, insert:
186ZNA Compensation to be provided by negotiator if aquaculture agreement not lodged in respect of aquaculture area
(1)
This section applies if—
(a)
the chief executive has, in relation to an aquaculture area, made a reservation in relation to commercial fishing of quota management stock; and
(b)
the negotiator appointed under section 186ZEA has not lodged an aquaculture agreement in respect of the stock before the expiry of the period specified in section 186ZI(1)(b) or any extension of that period under section 186ZI(2), subject in either case to section 186ZI(4).
(2)
The negotiator must ensure that each affected quota owner is paid compensation for the loss of value of the owner’s affected quota as determined by an arbitrator appointed in accordance with section 186ZO.
(3)
In subsection (2), quota owner means a person who is a registered quota owner as at 5 pm on the date on which the relevant reservation is notified in the Gazette under section 186JF(2)(a).
Section 186ZO
Replace section 186ZO(1) with:
(1)
The holder of a coastal permit or the negotiator appointed under section 186ZEA may submit to an arbitrator a request to determine the amount of compensation to be provided under section 186ZN or 186ZNA and the provisions of the Arbitration Act 1996 (other than those relating to the appointment of an arbitrator) apply as if this section were an arbitration agreement.
Replace section 186ZO(2)(a) with:
(a)
by agreement—
(i)
between the holder of the coastal permit and all the quota owners if the reservation related to a coastal permit; or
(ii)
between the negotiator and all the quota owners if the reservation related to an aquaculture area; but
Section 186ZP
In section 186ZP(3)(a), after “coastal permit”
, insert “or the negotiator, as the case may be”
.
Section 186ZQ
Replace section 186ZQ(2) with:
(2)
For the purposes of section 186ZR(3)(a)(ii), the holder of the coastal permit or the negotiator, as the case may be, and quota owners may submit proposals to the arbitrator that set out the maximum extent to which complementary use may be made of the site or area concerned for particular quota stocks and aquaculture activities.
After section 186ZQ(5), insert:
(6)
If, after the arbitrator has made an award, the negotiator decides not to proceed to register the compensation declaration, then the negotiator must pay the quota owners’ reasonable costs and expenses, as determined by the arbitrator, for participating in the arbitration.
Section 186ZR
In section 186ZR(1)(b), replace “the aquaculture activities authorised by a coastal permit”
with “the proposed aquaculture activities”
.
In section 186ZR(3)(a)(ii), after “the site”
, insert “or area”
.
Part 3Amendments to Marine and Coastal Area (Takutai Moana) Act 2011
Section 9
In section 9(1), definition of aquaculture activities, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 9(1), definition of coastal permit, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 9(1), definition of consent authority, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 9(1), definition of environment, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 9(1), definition of kaitiakitanga, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 9(1), replace the definition of infrastructure with:
infrastructure means—
(a)
pipelines that distribute or transmit natural or manufactured gas, petroleum, biofuel, or geothermal energy:
(b)
a network for the purpose of telecommunication as defined in section 5 of the Telecommunications Act 2001:
(c)
a network for the purpose of radiocommunications as defined in section 2(1) of the Radiocommunications Act 1989:
(d)
facilities for the generation of electricity, lines used or intended to be used to convey electricity, and support structures for lines used or intended to be used to convey electricity, excluding facilities, lines, and support structures if a person—
(i)
uses them in connection with the generation of electricity for the person’s use; and
(ii)
does not use them to generate any electricity for supply to any other person:
(e)
a water supply distribution system, including a system for irrigation:
(f)
a drainage or sewerage system:
(g)
structures for transport on land by cycleways, rail, roads, walkways, or any other means:
(h)
facilities for the loading or unloading of cargo or passengers transported on land by any means:
(i)
an airport as defined in section 2 of the Airport Authorities Act 1966:
(j)
a navigation installation as defined in section 2 of the Civil Aviation Act 1990:
(k)
facilities for the loading or unloading of cargo or passengers carried by sea, including a port-related commercial undertaking as defined in section 2(1) of the Port Companies Act 1988:
(l)
anything described as a network utility operation in regulations made under the Resource Management Act 1991 for the purposes of the definition of network utility operator in that Act
In section 9(1), definition of marine and coastal area, paragraph (b), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 9(1), definition of plan, replace “section 43AA of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 9(1), definition of proposed plan, replace “section 43AAC of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 9(1), definition of public notice, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 9(1), definition of regional council, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 9(1), definition of resource consent, replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 9(1), definition of structure, paragraph (a), replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
In section 9(1), insert in their appropriate alphabetical order:
environmental limit has the meaning given in section 11 of the Natural and Built Environment Act 2023
Minister responsible for aquaculture means the Minister who, under the authority of a warrant or with the authority of the Prime Minister, has overall responsibility for aquaculture activities
national planning framework means the framework provided for in Part 4 of the Natural and Built Environment Act 2023
NBEA permission right means the right held by a customary marine title group under a customary marine title order or agreement as provided for in sections 66 to 68
network utility operator means a person who—
(a)
undertakes or proposes to undertake the distribution or transmission by pipeline of natural or manufactured gas, petroleum, biofuel, or geothermal energy; or
(b)
operates or proposes to operate a network for the purpose of—
(i)
telecommunication as defined in section 5 of the Telecommunications Act 2001; or
(ii)
radiocommunications as defined in section 2(1) of the Radiocommunications Act 1989; or
(c)
is an electricity operator or electricity distributor as defined in section 2 of the Electricity Act 1992 for the purpose of line function services as defined in that section; or
(d)
undertakes or proposes to undertake the distribution of water for supply (including irrigation); or
(e)
undertakes or proposes to undertake a drainage or sewerage system; or
(f)
constructs, operates, or proposes to construct or operate, a road or railway line; or
(g)
is an airport authority as defined by the Airport Authorities Act 1966 for the purposes of operating an airport as defined by that Act; or
(h)
is a provider of any approach control service within the meaning of the Civil Aviation Act 1990; or
(i)
is a responsible special purpose vehicle that is constructing or proposing to construct eligible infrastructure; or
(j)
undertakes or proposes to undertake a project or work prescribed by regulations made under the Resource Management Act 1991 as a network utility operation for the purposes of the definition of network utility operator in that Act—
and network facility operation has a corresponding meaning
permitted activity has the meaning given in section 11 of the Natural and Built Environment Act 2023
permitted activity notice has the meaning given in section 11 of the Natural and Built Environment Act 2023
regional planning committee has the meaning given in section 11 of the Natural and Built Environment Act 2023
regional spatial strategy has the meaning given in section 8 of the Spatial Planning Act 2023, and includes any draft regional spatial strategy
target has the meaning given in section 11 of the Natural and Built Environment Act 2023
te Oranga o te Taiao has the meaning given in section 3(3) of the Natural and Built Environment Act 2023
In section 9(1), repeal the definition of RMA permission right.
In section 9(2), definition of effect, replace “section 3 of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
New section 9A
After section 9, insert:
9A Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
Section 19
In section 19(3A)(b), replace “section 12(7) of the Resource Management Act 1991”
with “section 23(6) of the Natural and Built Environment Act 2023”
.
In section 19(3C), replace “regional coastal plan”
with “plan”
in both places.
Section 23
In section 23(4), replace “Part 10 of the Resource Management Act 1991”
with “Part 10 of the Natural and Built Environment Act 2023”
.
Section 30
In section 30(2), replace “section 245(5) of the Resource Management Act 1991”
with “section 605 of the Natural and Built Environment Act 2023”
.
Section 35
Repeal section 35(7).
Section 39
In section 39(1)(c), replace “section 245(5)(b) of the Resource Management Act 1991”
with “section 605(2) of the Natural and Built Environment Act 2023”
.
Section 43
In section 43(5), replace “section 245(5)(b) of the Resource Management Act 1991”
with “section 605(2) of the Natural and Built Environment Act 2023”
.
Section 51
In section 51(2)(e), replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
Section 52
Replace section 52(1) with:
(1)
A protected customary right may be exercised under a protected customary rights order or an agreement without any further approval, including a resource consent, despite any prohibition, restriction, or imposition that would otherwise apply under sections 18, 19, and 23 to 29 of the Natural and Built Environment Act 2023.
In section 52(2)(a), replace “section 64A of the Resource Management Act 1991”
with “section 182 of the Natural and Built Environment Act 2023”
.
In section 52(2)(b), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Section 55
In section 55(3)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 55(3)(b), replace “section 330A of the Resource Management Act 1991”
with “section 695 of the Natural and Built Environment Act 2023”
.
In section 55(3)(b), replace “section 330”
with “section 694”
.
After section 55(3), insert:
(3A)
The existence of a protected customary right does not limit or otherwise affect an aquaculture activity being carried out under a permitted activity notice in a specified part of the common marine and coastal area,—
(a)
regardless of when an application is lodged or whether there is any change in the species farmed or method of marine farming; and
(b)
provided there is no increase in the area or change to the location of the coastal space occupied by the aquaculture activity for which the permitted activity notice was issued.
Section 59
In section 59(4)(b)(ii), replace “section 2(1) of the Resource Management Act 1991”
with “section 11 of the Natural and Built Environment Act 2023”
.
Section 60
In section 60(2)(b)(i), replace “section 64A of the Resource Management Act 1991”
with “section 182 of the Natural and Built Environment Act 2023”
.
In section 60(2)(b)(ii), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Section 62
Replace section 62(1)(a) with:
(a)
an NBEA permission right (see sections 66 to 70); and
New section 62A
After section 62, insert:
62A Information requirements for applicants for resource consents
(1)
This section applies in a case where a person applies for a resource consent relating to an area where applicant groups seek customary marine title.
(2)
The person applying for a resource consent must—
(a)
confirm that they have notified the applicant groups in the area to which the resource consent application relates and that they have sought the views of those applicant groups; and
(b)
provide a list of the applicant groups notified; and
(c)
record the views obtained from the applicant groups, describing how those views have influenced the contents of the resource consent application.
(3)
If an application does not contain the information described in subsection (2), the consent authority must return the application as incomplete in accordance with section 240 of the Natural and Built Environment Act 2023.
Section 63
In section 63, definition of accommodated activities, replace “RMA”
with “NBEA”
.
In section 63, definition of accommodated infrastructure, paragraph (b)(iii), delete “(within the meaning of section 166 of the Resource Management Act 1991)”
.
In section 63, definition of accommodated infrastructure, after paragraph (b)(vi), insert:
(vii)
each of the water service entities established by section 11 of the Water Services Entities Act 2022:
In section 63, definition of associated operations, paragraph (a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In section 63, definition of emergency activity, paragraph (c)(vi), replace “section 330 of the Resource Management Act 1991”
with “sections 692 and 694 of the Natural and Built Environment Act 2023”
.
Section 64
In section 64(1)(b), replace “RMA”
with “NBEA”
.
Replace section 64(2)(a) with:
(a)
an activity authorised by a resource consent, whenever granted, or a permitted activity notice, whenever issued, if the application or request is accepted by the consent authority before the effective date:
In section 64(2)(b), after “granted,”
, insert “or a permitted activity notice, whenever issued,”
.
In section 64(2)(d), after “resource consent”
, insert “or permitted activity notice”
.
Replace section 64(2)(e) with:
(e)
an existing aquaculture activity carried out in a specified part of the common marine and coastal area may continue to be carried out in that part of the common marine and coastal area,—
(i)
regardless of when the application or permitted activity notice is lodged or whether there is any change in the species farmed or in the method of marine farming; but
(ii)
not so as to increase the area, or change the location, of the coastal space occupied by the aquaculture activities for which the existing coastal permit or permitted activity notice was granted or accepted:
Section 66
In the cross-heading above section 66, replace “RMA”
with “NBEA”
.
In the heading to section 66, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Replace section 66(1) with:
(1)
An NBEA permission right applies—
(a)
to activities that are to be carried out under—
(i)
a resource consent; or
(ii)
in the case of aquaculture activities, a resource consent or permitted activity notice; or
(iii)
in the case of an activity that is the subject of a rule in a plan required by section 188(2)(b) of the Natural and Built Environment Act 2023, a permitted activity notice; and
(b)
to the extent that the activities are to be carried out within a customary marine title area.
In section 66(2), (4), and (5), replace “RMA”
with “NBEA”
.
In section 66(4), after “consent”
, insert “or permitted activity notice”
.
In section 66(6), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Section 67
In the heading to section 67, replace “RMA”
with “NBEA”
.
In section 67(1), replace “RMA”
with “NBEA”
.
In section 67(1)(a), after “notice”
, insert “in writing”
.
Replace section 67(1)(b) with:
(b)
may do so any time before the activity may commence under the relevant resource consent or permitted activity notice.
In section 67(3), after “consent”
, insert “or issued the permitted activity notice”
.
In section 67(3), after “application”
, insert “or request”
.
Replace section 67(5) with:
(5)
In subsection (3), the grant of a resource consent or the issue of a permitted activity notice means that—
(a)
the consent or notice has been granted or issued (as the case may be); and
(b)
any appeal rights have been exhausted; and
(c)
the consent or notice would, but for the permission of the customary marine title group, commence under sections 318 to 323 of the Natural and Built Environment Act 2023.
(6)
When the relevant consent authority receives an application for a resource consent or information to obtain a permitted activity notice to which an NBEA permission right applies, it must refer the application or information to the relevant customary marine title group as soon as practicable unless the group has already notified its decision in accordance with subsection (2).
Section 68
In the heading to section 68, replace “RMA”
with “NBEA”
.
Replace section 68(1) with:
(1)
The holder of a resource consent or a permitted activity notice for an activity in a customary marine title area to which an NBEA permission right applies must not commence the activity unless—
(a)
permission has been given by the relevant customary marine title group under section 66(2); and
(b)
the permission covers the activity to which the resource consent or permitted activity notice applies.
In section 68(2)(b), replace “section 357 or 357A of the Resource Management Act 1991”
with “sections 764 and 765 of the Natural and Built Environment Act 2023”
.
Section 69
In section 69(1), replace “RMA”
with “NBEA”
.
Section 70
Replace section 70(1) with:
(1)
Subsection (3) applies only if, in relation to the exercise of a resource consent or permitted activity notice,—
(a)
the NBEA permission right is applicable; and
(b)
the activity is carried out under the resource consent or permitted activity notice without the permission of the customary marine title group being obtained.
Section 77
Replace section 77 and the cross-heading above section 77 with:
National planning framework
77 Consultation
(1)
If the responsible Minister within the meaning of section 164 of the Natural and Built Environment Act 2023 proposes to prepare, issue, change, review, or revoke any provisions in the national planning framework that apply to the whole or part of the coastal marine area, the Minister must seek and consider the views of the customary marine title groups recorded on the register.
(2)
The responsible Minister must,—
(a)
in deciding whether to set an environmental limit or target nationally or regionally, consider whether the limit or target would directly affect a customary marine title group and (if they agree that it would) consider that as a factor in favour of setting the limit or target regionally; and
(b)
in setting a limit or target that applies to a specific management unit that includes a customary marine title area, consider any planning document prepared under section 85.
Section 84
Replace section 84(2)(b) with:
(b)
from the regional council, any royalties for sand and shingle taken from the customary marine title area imposed by regulations made under the Natural and Built Environment Act 2023.
Section 85
In section 85(2)(b), after “out the”
, insert “vision and”
.
Replace section 85(2)(c) with:
(c)
to set out the strategic direction, key actions, and policies for achieving the vision and regulatory and management objectives.
Replace section 85(3) with:
(3)
A planning document may include any matter that can be regulated or managed under the enactments specified in subsection (5), including matters that are relevant to—
(a)
promoting the use, development, and protection of the environment in the customary marine title area; and
(b)
recognising and upholding te Oranga o te Taiao; and
(c)
the protection of the cultural identity and heritage of the group.
(3A)
A planning document may contain content relevant to the decision by the Minister responsible for aquaculture to recommend the making of regulations under section 793 of the Natural and Built Environment Act 2023.
In section 85(5), after “regulated”
, insert “or managed”
.
In section 85(5)(d), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023 or the Spatial Planning Act 2023”
.
Section 86
After section 86(1)(a), insert:
(aa)
the regional planning committee for the region to which the planning instrument relates; and
In section 86(1)(b), replace “91”
with “91A”
.
New section 91A
After section 91, insert:
91A Obligations on Minister responsible for aquaculture
If a customary marine title group lodges a planning document with the Minister responsible for aquaculture, the Minister must consider the document when deciding to recommend the making of regulations under section 793 of the Natural and Built Environment Act 2023 that directly affect the customary marine title area of the group.
Section 92
In section 92, replace the definition of regional document with:
regional document means any of the following:
(a)
a plan under the Natural and Built Environment Act 2023:
(b)
a proposed plan under the Natural and Built Environment Act 2023:
(c)
a regional spatial strategy under the Spatial Planning Act 2023:
(d)
a draft regional spatial strategy that has been made publicly available under the Spatial Planning Act 2023
Section 93
Replace section 93 with:
93 Obligations on regional councils in relation to planning documents
Preliminary obligations
(1)
A regional planning committee in a region where 1 or more planning documents are registered in accordance with section 86 must, until the requirements of subsection (5) have been completed, attach the planning documents to copies of its relevant regional documents that it makes publicly available.
Identification and application of natural and built environment matters included in planning document
(2)
Between the time that a planning document is lodged under section 86(1) and the time it is deemed to be registered under section 86(2), a regional planning committee must identify the matters in the planning document that relate to natural and built environment issues under the Natural and Built Environment Act 2023 and spatial planning issues under the Spatial Planning Act 2023, to the extent that those matters are within its functions under those Acts and are relevant within—
(a)
the customary marine title area to which the planning document relates; and
(b)
any parts of the common marine and coastal area to which the planning document relates other than the customary marine title area.
(3)
When considering under section 286 of the Natural and Built Environment Act 2023 a resource consent application for an activity that would, if the consent were granted, directly affect, wholly or in part, the area to which the planning document applies, a consent authority of a regional council must have regard to any matters identified under subsection (2).
(4)
The obligation under subsection (3) applies only to the matters in respect of which a regional council is able to exercise discretion.
(5)
The obligation under subsection (3) continues until—
(a)
a regional document, altered in accordance with this section, becomes operative in accordance with Schedule 6 of the Natural and Built Environment Act 2023; or
(b)
the date that is 30 working days after the date that the customary marine title group is informed of the decision under subsection (11) that no alterations are to be made to the relevant regional documents.
(6)
A regional planning committee must notify the regional council when the alteration of the regional document in accordance with this section becomes operative.
Obligations with respect to relevant regional documents
(7)
A regional planning committee must initiate a process to determine whether to alter its relevant regional documents, if and to the extent that any alteration would achieve the purpose of the Natural and Built Environment Act 2023 or the Spatial Planning Act 2023, in order to—
(a)
recognise and provide for any matters identified under subsection (2)(a); and
(b)
have particular regard to any matters identified under subsection (2)(b).
(8)
The process required by subsection (7) may be commenced—
(a)
at any time after a planning document is registered; but
(b)
not later than the first proposed relevant regional document that applies to the customary marine title area or the first proposed changes to, or variation or review of, that document.
(9)
In making a determination under subsection (7), a regional planning committee must consider the extent to which alterations must be made to its relevant regional documents to—
(a)
recognise and provide for the matters in a planning document that relate to the customary marine title area; and
(b)
have particular regard to the matters in a planning document that relate to the parts of the common marine and coastal area other than the customary marine title area.
(10)
The obligations on a regional planning committee under subsection (9) must be carried out in accordance with the requirements and procedures that relate to regional documents in—
(a)
Part 4 and Schedule 6 of the Natural and Built Environment Act 2023; and
(b)
the Spatial Planning Act 2023.
(11)
A regional planning committee may decide, in conducting the process required by subsection (7), not to alter its relevant regional documents, but only on the grounds that the matters in the planning document—
(a)
are already provided for in a relevant regional document; or
(b)
would not achieve the purpose of the Natural and Built Environment Act 2023 or the Spatial Planning Act 2023; or
(c)
would be more effectively and efficiently addressed in another way.
(12)
If a regional planning committee determines that no alterations should be notified in a plan that is notified under clause 73 of Schedule 6 of the Natural and Built Environment Act 2023, or a regional spatial strategy that is made public under Schedule 4 of the Spatial Planning Act 2023, it must inform the customary marine title group in writing and provide reasons for its decision within 5 working days of that decision.
(13)
If an application is made to a regional planning committee under subpart 2 of Part 2 of Schedule 6 of the Natural and Built Environment Act 2023 for a private plan change that includes a customary marine title area in respect of which a planning document has been lodged,—
(a)
the provisions of subpart 2 of Part 2 of that schedule apply to the application, subject to the regional planning committee having regard to any matters in the planning document when making a decision under clause 72 of that schedule; and
(b)
if the private plan change is not rejected or treated as a resource consent application, the regional council must adopt the request and initiate the process required by subsection (7).
Section 110
After section 110(2)(b)(ii), insert:
(iia)
the relevant regional planning committee; and
New Schedule 1AA
Before Schedule 1, insert:
Schedule 1AA Transitional, savings, and related provisions
s 9A
Part 1 Provisions relating to Natural and Built Environment Act 2023 and Spatial Planning Act 2023
1 Definitions
In this Part, unless the context otherwise requires,—
applicable interim period means, for a customary marine title group, the period—
(a)
commencing on the day after the date that the Natural and Built Environment Act 2023 receives the Royal assent; and
(b)
ending on the date that the relevant plan or regional spatial strategy is notified
notification means notification, as the case may be, of—
(a)
a natural and built environment plan under the Natural and Built Environment Act 2023; or
(b)
a regional spatial strategy under the Spatial Planning Act 2023
relevant plan means, in relation to a customary marine title group, the first plan under the Natural and Built Environment Act 2023 for the region in which the customary marine title area is located
relevant regional spatial strategy means, in relation to a customary marine title group, the first regional spatial strategy under the Spatial Planning Act 2023 for the region in which the customary marine title area is located.
2 Lodgement and consideration of planning documents during applicable interim period
(1)
A customary marine title group may, during the applicable interim period, lodge a planning document in accordance with section 86.
(2)
If a planning document is lodged with a regional council during the applicable interim period before a regional planning committee has been established,—
(a)
the regional council must comply with section 93 as it was immediately before it was amended by the Natural and Built Environment Act 2023; and
(b)
the regional council must, as soon as practicable after the regional planning committee for the region is established, provide the regional planning committee with the planning document; and
(c)
the fact that the regional council has provided the planning document to the regional planning committee constitutes lodgement of the planning document under section 86; and
(d)
the regional planning committee must, as soon as practicable after lodgement of the planning document, advise the customary marine title group in writing—
(i)
that the planning document has been lodged; and
(ii)
of the matters referred to in subclauses (3) and (4).
(3)
A customary marine title group may lodge a revised planning document prior to notification of the first relevant regional spatial strategy or the first relevant plan.
(4)
A customary marine title group must lodge a revised planning document by the date specified by the regional planning committee in a public notice published on an Internet site maintained by the committee.
(5)
If a revised planning document is not lodged by that date, the regional planning committee must fulfil its obligations in section 93(7) in relation to the planning document that is currently lodged when developing the relevant regional spatial strategy or relevant plan.
(6)
If a planning document is lodged by the regional council under subclause (2)(c) or by the customary marine title group under subclause (4), a regional planning committee has a period of 40 working days after the date of lodgement (instead of 20 working days after that date) to fulfil its obligations under section 93(2) in relation to the planning document.
(7)
Before specifying a date for the purpose of subclause (4), a regional planning committee must take into account—
(a)
the need for customary marine title groups to review their planning documents and prepare any revised planning documents; and
(b)
the expected time frames for the preparation and notification of the relevant plan or relevant regional spatial strategy.
Schedule 2
In Schedule 2, Part 1, clause 1, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In Schedule 2, Part 1, clauses 6(b) and 10(a), replace “RMA”
with “NBEA”
.
In Schedule 2, Part 1, clause 10(d), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Part 4Amendments to Resource Management Act 1991
Section 28B
After section 28B(c), insert:
(d)
making decisions on the allocation of authorisations under Part 7A where the Minister is specified as the decision maker in a regional plan (as a result of amendments to the regional plan by regulations made under section 360A).
Section 33
Repeal section 33.
Section 44
Replace section 44(2)(a) with:
(a)
must consider a report and any recommendations made to the Minister under section 46A(4)(c) or 51, as the case requires, and consider the desirability of consistency with the Natural and Built Environment Act 2023; and
After section 44(3), insert:
(4)
The Minister need not follow the steps in section 46A if the Minister is recommending the making of an amendment to remove content and is satisfied that—
(a)
the content would be more efficiently addressed through the processes in the Natural and Built Environment Act 2023 or the Spatial Planning Act 2023; or
(b)
the content is redundant because of the transition from the RMA to the Natural and Built Environment Act 2023 and the Spatial Planning Act 2023.
Section 51
After section 51(1)(d), insert:
(da)
the desirability of consistency with the Natural and Built Environment Act 2023; and
Section 52
Replace section 52(1)(a) with:
(a)
first, must consider a report and any recommendations made to the Minister by a board of inquiry under section 46A(4)(c) or 51, as the case requires, and consider the desirability of consistency with the Natural and Built Environment Act 2023; and
Section 53
After section 53(2), insert:
(2A)
The Minister may, without using a process referred to in subsection (1), amend a national policy statement to remove content if the Minister is satisfied that—
(a)
the content would be more efficiently addressed through the processes in the Natural and Built Environment Act 2023 or the Spatial Planning Act 2023; or
(b)
the content is redundant because of the transition from the RMA to the Natural and Built Environment Act 2023 and the Spatial Planning Act 2023.
Section 58E
After section 58E(1)(a), insert:
(aa)
consider the desirability of consistency with the Natural and Built Environment Act 2023; and
Section 58H
After section 58H(2A), insert:
(2B)
The Minister may change a national planning standard to remove content without following the process set out in sections 58D and 58E if the Minister is satisfied that—
(a)
the content would be more efficiently addressed through the processes in the Natural and Built Environment Act 2023 or the Spatial Planning Act 2023; or
(b)
the content is redundant because of the transition from the RMA to the Natural and Built Environment Act 2023 and the Spatial Planning Act 2023.
New section 79A
After section 79, insert:
79A Local authority not required to commence full plan review after Natural and Built Environment Act 2023 receives Royal assent
Despite section 79 or any other provision of this Act, a local authority is not required to commence a full review of a regional or district plan on and from the day after the date that the Natural and Built Environment Act 2023 receives the Royal assent.
Section 80A
Replace section 80A(2)(a) to (c) with:
(a)
any part of a proposed regional plan or regional policy statement that relates to objectives that give effect to the national policy statement for freshwater management:
(b)
any provisions of a proposed regional plan or regional policy statement in relation to which the regional council has decided to use the freshwater planning process under subsection (6B)(b):
(c)
any regional policy statement (including any change or variation to the statement) in relation to which the council has decided to use the freshwater planning process under subsection (6B)(c):
(d)
any change or variation to a proposed regional plan or regional policy statement if the change or variation—
(i)
relates to objectives that give effect to the national policy statement for freshwater management; or
(ii)
relates to a provision described in paragraph (b).
Replace section 80A(3) with:
(3)
A regional council must prepare a freshwater planning instrument in accordance with this subpart and Part 4 of Schedule 1.
After section 80A(6), insert:
(6A)
A proposed regional plan or regional policy statement (or any part of it) relates to freshwater if—
(a)
it relates (in whole or in part) to an objective of the regional plan or regional policy statement; and
(b)
the objective relates to the performance of a function in section 30(1)(c), (e), (f), (fa), (g), or (ga).
(6B)
A regional council—
(a)
must use the freshwater planning process when preparing any part of a regional plan or regional policy statement that relates to objectives that give effect to the national policy statement for freshwater management; and
(b)
may use the freshwater planning process when preparing other provisions of a regional plan or regional policy statement that relate to freshwater; and
(c)
may use the freshwater planning process when preparing a regional policy statement or change or variation to the statement if the council is satisfied that doing so is necessary to achieve integrated management of the natural and physical resources of the whole region.
New section 85AA
After section 85A, insert:
85AA Plan must be updated to reflect changes to aquaculture settlement area
If a notice issued under section 12 of the Maori Commercial Aquaculture Claims Settlement Act 2004 declares space in the coastal marine area to be an aquaculture settlement area or adds or removes space from an aquaculture settlement area, a regional council must—
(a)
amend any aquaculture settlement area shown on the plan to reflect any new aquaculture settlement areas or changes to existing areas made by the notice; and
(b)
make the amendment as soon as practicable after the notice is issued; and
(c)
make the amendment without using the process set out in Schedule 1.
Section 88
After section 88(6), insert:
(7)
If a person applies for a resource consent relating to an area where an applicant group seeks customary marine title,—
(a)
the person must comply with section 62A of the Marine and Coastal Area (Takutai Moana) Act 2011 (which requires the person to notify applicant groups, provide a list of the groups notified, and record their views); and
(b)
the application must be treated as incomplete if this is not done.
(8)
In this section, applicant group has the meaning given to it by section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011.
Section 165I
After section 165I(2)(b), insert:
(c)
subsection (4).
After section 165I(3), insert:
(4)
If a regional coastal plan includes a rule that provides for public tendering or another method of allocating authorisations and the Minister of Aquaculture is identified as the decision maker as a result of an amendment to the regional coastal plan by regulations under section 360A, the Minister of Aquaculture must, by public notice and in accordance with the rule, offer authorisations for coastal permits for the occupation of space in the common marine and coastal area.
Section 165U
In section 165U(1), replace “165I”
with “165I(1)”
.
New section 165UA
After section 165U, insert:
165UA Public notice of offer of authorisations by Minister of Aquaculture
(1)
A notice given under section 165I(4) must—
(a)
specify the activities that the authorisation will apply to after it is issued; and
(b)
describe the space in the common marine and coastal area that offers for authorisations are invited for, including the size and location of the space; and
(c)
subject to sections 123 and 123A, specify the maximum term of the coastal permit; and
(d)
specify the closing date for offers; and
(e)
specify the criteria that the Minister will apply in selecting successful offers for authorisations; and
(f)
specify the manner in which offers for authorisations must be submitted; and
(g)
specify any charge payable under section 36(1)(ca); and
(h)
specify any other matter that the Minister considers appropriate in the circumstances.
(2)
A notice may specify conditions on which the authorisation will be granted, including—
(a)
a date earlier than 2 years from the date of its granting on which the authorisation will lapse; and
(b)
restrictions on the transfer of authorisations.
(3)
If an offer of authorisations is to be by tender, the notice must also—
(a)
specify the form of remuneration required, whether all by advance payment, or by deposit and annual rental payments; and
(b)
specify whether there is a reserve price.
Section 165W
In section 165W(2), replace “Subsection (1)”
with “Subsections (1) and (4)”
.
After section 165W(3), insert:
(4)
In conducting a tender of authorisations under this Part, the Minister of Aquaculture must give effect to any preferential right to purchase a proportion of authorisations.
(5)
For the purposes of subsection (4), provisions in the Acts referred to in subsection (2) relating to a preferential right that refer to the Minister of Conservation or Part 7 of this Act apply as if the references were to the Minister of Aquaculture and relevant provisions of this Part.
Section 165X
After section 165X(4), insert:
(5)
For the purposes of offers of authorisations where a public notice has been issued under section 165I(4), this section applies as if the references to a regional council were references to the Minister of Aquaculture.
New section 165YA
After section 165Y, insert:
165YA Grant of authorisation
If the Minister of Aquaculture accepts an offer or reaches an agreement with a person who made an offer under section 165X, the Minister must direct the relevant regional council to grant an authorisation to the person concerned.
Sections 165ZB to 165ZE
Replace sections 165ZB to 165ZE with:
165ZB Regional council may request suspension of applications to occupy common marine and coastal area for purposes of aquaculture activities
(1)
A regional council may request the Minister of Aquaculture to suspend receipt of applications for coastal permits to occupy space in a common marine and coastal area for the purpose of aquaculture activities if—
(a)
the council has identified actual or anticipated high demand or competing demands for those permits and considers that—
(i)
the provisions of the plan will not enable it to manage the demand effectively; and
(ii)
the suspension is desirable to enable it to amend the plan or to use other measures available under the Act to deal with the demand; or
(b)
the council identifies an actual or emerging biosecurity concern relating to aquaculture activities and considers that—
(i)
the provisions of a plan will not enable it to manage effectively the biosecurity concern; and
(ii)
the suspension is desirable to enable the plan to be amended or other measures available under this Act or other legislation to be used to manage the biosecurity concern.
(2)
A request under subsection (1) must—
(a)
specify—
(i)
the space in the common marine and coastal area it is proposed the suspension will apply to; and
(ii)
the aquaculture activities that it is proposed the suspension will apply to; and
(iii)
the planning or other measure that the council proposes to implement to deal with the identified demand or biosecurity concern; and
(iv)
the proposed duration of the suspension, which must be not more than 12 months; and
(b)
be accompanied by information about the actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purposes of the aquaculture activities or biosecurity concern covered by the request.
(3)
A regional council must—
(a)
give public notice of a request under subsection (1) on the day the request is made or as soon as practicable after the request is made; and
(b)
give notice of the request to the Environmental Protection Authority.
(4)
A public notice under subsection (3) must include—
(a)
the matters specified in subsection (2)(a); and
(b)
a statement to the effect of section 165ZC(2) and (3).
165ZC Effect on applications of request under section 165ZB
(1)
Subsection (2) applies if a regional council has made a request under section 165ZB(1).
(2)
A person must not apply for a coastal permit to occupy any space that is the subject of the request for the purpose of an aquaculture activity in the request during the period commencing on the day on which public notice of the request is given under section 165ZB(3)(a), and ending on,—
(a)
if the request is declined, the day on which the regional council publicly notifies under section 165ZD(6) that the request has been declined; or
(b)
if the request is granted, the date on which the Gazette notice issued by the Minister of Aquaculture under section 165ZD in response to the request expires.
(3)
Neither this section nor section 165ZD affects—
(a)
any application received by the regional council before the request was made under section 165ZB(1):
(b)
any application to which section 165ZH applies:
(c)
any application made in accordance with an authorisation.
165ZD Minister of Aquaculture may suspend applications to occupy common marine and coastal area for purposes of aquaculture activities
(1)
If the Minister of Aquaculture receives a request under section 165ZB(1), the Minister—
(a)
must consult the Minister of Conservation; and
(b)
may—
(i)
consult any other person whom the Minister considers it appropriate to consult; and
(ii)
request any further information from the regional council that made the request; and
(c)
must, within 25 working days after receiving the request,—
(i)
approve the request by notice in the Gazette—
(A)
on the terms specified by the regional council in the request; or
(B)
on terms that in the Minister’s opinion will better manage the actual or anticipated high demand or competing demands in the space or biosecurity concerns; or
(ii)
decline the request.
(2)
A failure to comply with the time limit in subsection (1)(c) does not prevent the Minister from making a decision on the request.
(3)
Any period of consultation under subsection (1)(b)(i) is excluded from the period specified in subsection (1)(c).
(4)
The Minister must not approve the request unless they consider that—
(a)
there is actual or likely high demand or competing demands for coastal permits for occupation of the space for the purpose of the aquaculture activities that the request applies to; or
(b)
there are actual or emerging biosecurity concerns relating to aquaculture activities; and
(c)
the planning or other measure that the council proposes to implement, or any modified terms determined by the Minister will—
(i)
effectively manage the high demand or competing demands identified under paragraph (a); or
(ii)
effectively manage the biosecurity concern; and
(iii)
be implemented within a time frame that is, in the Minister’s opinion, reasonable.
(5)
A Gazette notice under subsection (1)(c)(i) must specify—
(a)
the space and aquaculture activities that the suspension on applications will apply to; and
(b)
the date the notice expires, which must not be more than 12 months after the date of the Gazette notice.
(6)
If the Minister declines a request made under section 165ZB(1),—
(a)
the Minister must notify the regional council of the decision to decline the request; and
(b)
the regional council must, as soon as practicable after receiving notice under paragraph (a), publicly notify that—
(i)
the request was declined; and
(ii)
applications may be made for coastal permits to occupy any space for any aquaculture activity that was the subject of the request.
(7)
The Minister must notify the Minister of Conservation and the Environmental Protection Authority of a decision to issue a Gazette notice or to decline a request for a suspension on receipt of applications.
165ZDA Minister of Aquaculture may suspend applications to occupy common marine and coastal area for purposes of aquaculture activities on own initiative
(1)
The Minister of Aquaculture may, at their own initiative, suspend receipt of applications for coastal permits to occupy space in a common marine and coastal area for the purpose of aquaculture activities if the Minister—
(a)
has identified actual or anticipated high demand or competing demands for coastal permits for occupation of space in a common marine and coastal area for the purpose of aquaculture activities and considers that—
(i)
the provisions of the operative plan will not enable the demand to be managed effectively; and
(ii)
the suspension is desirable—
(A)
to enable the operative plan to be amended or for other measures available under this Act to be used to manage the demand; or
(B)
for the Minister to use other measures available under the Maori Commercial Aquaculture Claims Settlement Act 2004 for the purpose of upholding the Crown’s settlement obligations under that Act in the region; or
(b)
has identified an actual or emerging biosecurity concern relating to aquaculture activities and considers that—
(i)
the provisions of the operative plan will not enable the biosecurity concern to be managed effectively; and
(ii)
the suspension is desirable to enable the operative plan to be amended or for other measures available under this Act or other legislation to be used to manage the biosecurity concern.
(2)
The Minister must consult the regional council and Minister of Conservation, and may consult any other person the Minister considers it appropriate to consult.
(3)
The Minister must issue the suspension by notice in the Gazette, which must specify—
(a)
the space and aquaculture activities that the suspension on applications will apply to; and
(b)
the date the notice expires, which must not be more than 12 months after the date of the Gazette notice.
(4)
To avoid doubt, this section may apply in relation to an aquaculture activity, 1 or more classes of aquaculture activities, or all aquaculture activities.
165ZDB Effect on applications of suspension under section 165ZDA
(1)
A person must not apply for a coastal permit to occupy any space that is the subject of a Gazette notice issued by the Minister of Aquaculture under section 165ZDA for the purpose of an aquaculture activity during the period commencing on the day on which the Gazette notice is issued and ending on the date on which the Gazette notice expires.
(2)
Neither this section nor section 165ZDA affects—
(a)
any application received by the regional council before the Gazette notice was issued by the Minister of Aquaculture under section 165ZDA:
(b)
any application to which section 165ZH applies:
(c)
any application made in accordance with an authorisation.
165ZE Subsequent requests for direction in relation to suspension of receipt of applications
(1)
The Minister of Aquaculture may issue a further Gazette notice under section 165ZD before the expiry of a notice issued under that section if the regional council requests a further suspension on receipt under section 165ZB and—
(a)
the Minister considers that—
(i)
there remains actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities; and
(ii)
the regional council does not have in place planning or other measures that will satisfactorily manage the high demand or competing demands; and
(iii)
the Minister is satisfied that more time is needed to put in place plan provisions to deal with the demand; or
(b)
the Minister considers that—
(i)
there remains an actual or emerging biosecurity concern relating to aquaculture activities; and
(ii)
the regional council does not have in place planning or other measures that will satisfactorily manage the biosecurity concern; and
(iii)
the Minister is satisfied that more time is needed to put in place plan provisions or other measures to deal with the biosecurity concern.
(2)
Sections 165ZB to 165ZD apply with any necessary modifications to a request for a further suspension of receipt of applications.
(3)
The Minister of Aquaculture may issue a further Gazette notice under section 165ZDA before the expiry of a notice issued under that section if—
(a)
the Minister considers that—
(i)
there remains actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities; and
(ii)
planning or other measures are not in place that will satisfactorily manage the high demand or competing demands; and
(iii)
the Minister is satisfied that more time is needed to put in place plan provisions or other measures to deal with the demand; or
(b)
the Minister considers that—
(i)
there remains an actual or emerging biosecurity concern relating to aquaculture activities; and
(ii)
planning or other measures are not in place that will satisfactorily manage the biosecurity concern; and
(iii)
the Minister is satisfied that more time is needed to put in place plan provisions or other measures to deal with the biosecurity concern.
Section 217B
In section 217B, definition of auditor, paragraph (a), after “217K”
, insert “or by an approved industry organisation”
.
In section 217B, definition of certifier, paragraph (a), after “217K”
, insert “or by an approved industry organisation”
.
In section 217B, insert in its appropriate alphabetical order:
certification and audit services means the services prescribed for the purposes of section 217KA in regulations (if any) prescribed under section 217M
In section 217B, insert in its appropriate alphabetical order:
statutory land use area threshold,—
(a)
in relation to a land use described in any of paragraphs (a), (b), (c), and (e) of section 217D(1), means the area specified in that section for that land use:
(b)
in relation to the land use described in section 217D(1)(d), means the area prescribed in regulations made under section 217M for that land use.
Section 217C
After section 217C(2), insert:
(2A)
The Governor-General may, by Order in Council, on the recommendation of the Minister, in relation to a region, district, or part of New Zealand to which this Part applies,—
(a)
disapply a statutory land use area threshold; or
(b)
disapply a statutory land use area threshold and prescribe a higher land use area threshold in its place.
In section 217C(3), after “subsection (2)”
, insert “or (2A)”
.
Section 217D
After section 217D(1), insert:
(1A)
However,—
(a)
if an order made under section 217C(2A)(a) disapplies a statutory land use area threshold, a farm is not subject to that threshold; and
(b)
if an order made under section 217C(2A)(b) disapplies a statutory land use area threshold and prescribes a higher land use area threshold in its place, a farm is subject to the higher threshold.
Section 217I
After section 217I(1)(c), insert:
(ca)
to appoint certifiers and auditors under section 217K; and
New section 217KA
After section 217K, insert:
217KA Regional council may approve industry organisation to provide certification or audit services
(1)
A regional council may give approval to an industry organisation that applies to the council to provide certification and audit services under this Part if the council is satisfied that the organisation meets the standards issued under subsection (2).
(2)
The Minister may, by notice in the Gazette, issue standards by which industry organisations must be assessed for the purpose of determining their suitability to be an approved industry organisation.
(3)
Standards may also—
(a)
set out the kind of organisation eligible to be approved for the purposes of this Part; and
(b)
include content and processes to provide for compliance with the standards, for example, by requiring the industry to run training programmes and ensuring that conflicts are appropriately managed.
(4)
A regional council may request information from an approved industry organisation that the council considers reasonably necessary for carrying out their functions under section 217I.
Section 217M
After section 217M(f), insert:
(fa)
prescribe requirements for approval of industry organisations under section 217KA, including any further obligations for approved industry organisations:
Section 357A
After section 357A(3), insert:
(3A)
Subsection (1)(f) and (g) applies to a determination by a consent authority under clause 40 of Schedule 12 that the application for a resource consent is not primarily for an activity described in clause 40(3) of that schedule.
Section 360A
Replace section 360A(1) with:
(1)
The Governor-General may, by Order in Council, on the recommendation of the Minister of Aquaculture,—
(a)
amend provisions in a regional coastal plan that relate to the management of aquaculture activities in the coastal marine area; and
(b)
amend a regional coastal plan to establish a process for the allocation of authorisations for aquaculture activities.
After section 360A(2), insert:
(2A)
Regulations establishing a process for the allocation of authorisations for aquaculture activities—
(a)
must provide for how allocation offers for those authorisations are to be decided; and
(b)
may specify—
(i)
that the Minister of Aquaculture is the decision maker for allocation offers made under the process; and
(ii)
the circumstances in which the Minister must make those decisions; and
(iii)
criteria by which the Minister must make those decisions; and
(c)
may require the regional council to issue any aquaculture-related authorisation in respect of any allocation offer that the Minister has accepted under the process; and
(d)
may provide for any other matter necessary for establishing or giving effect to the process.
After section 360A(3), insert:
(3A)
In this section, authorisation has the same meaning as in section 165C.
Section 360B
After section 360B(2)(b)(iv), insert:
(v)
any customary marine title group in the area covered by the plan; and
(vi)
any applicant group as defined in section 9 of the Marine and Coastal Area (Takutai Moana) Act 2011 in the area affected by the plan; and
After section 360B(2)(d), insert:
(e)
has considered any content in a relevant planning document—
(i)
that has been lodged under section 91A of the Marine and Coastal Area (Takutai Moana) Act 2011 or lodged with the regional council under section 86 of that Act; and
(ii)
that the Minister considers relevant to their decision whether to recommend the making of the regulations; and
(f)
has first had regard to how the proposed regulations may affect the preferential rights provided for in section 165W, if the proposed regulations would amend a regional coastal plan to establish a process for the allocation of authorisations for aquaculture activities.
Schedule 12
In Schedule 12, after Part 5, insert:
Part 6 Provisions relating to Natural and Built Environment Act 2023
38 Interpretation
In this Part, unless the context otherwise requires,—
affected resource consent means any of the following resource consents for the following activities under this Act:
(a)
a water permit for an activity that takes, uses, dams, or diverts freshwater:
(b)
a discharge permit for an activity that—
(i)
discharges any contaminant or water into freshwater; or
(ii)
discharges any contaminant onto or into land in circumstances that may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering freshwater:
(c)
a land use consent for an activity that would otherwise contravene section 15(1)(b) by discharging a contaminant onto or into land in circumstances that may result in the contaminant entering freshwater
applicable interim period, in relation to an application for an affected resource consent, means the period—
(a)
commencing on the day after the date that the Natural and Built Environment Act 2023 receives the Royal assent; and
(b)
ending on the date that the relevant rules for the region (in which the application is lodged) have legal effect in accordance with clause 6(4) of Schedule 1 of the Natural and Built Environment Act 2023
relevant rules means rules in the first natural and built environment plan for a region that provide for allocation methods.
39 Duration of affected resource consent
(1)
The duration of an affected resource consent must be determined in accordance with this clause if, during the applicable interim period,—
(a)
an application for an affected resource consent is lodged with a consent authority; and
(b)
the consent authority grants the application.
(2)
The consent authority may grant the affected resource consent for a fixed period or require that it expire by a fixed date but, in either case, the duration of the consent must not exceed 5 years after the date that the relevant rules have legal effect in accordance with clause 6(4) of Schedule 1 of the Natural and Built Environment Act 2023.
(3)
A consent authority must, no later than 10 working days after receiving an application for an affected resource consent, notify the applicant whether clauses 38 to 40 are relevant to their application.
(4)
Subclause (3) does not apply if the consent authority determines under section 88(3) that the application is incomplete and returns it to the applicant in accordance with section 88(3A).
40 When clause 39 does not affect duration of resource consent
(1)
Clause 39 does not affect the duration of an affected resource consent if—
(a)
a person (regardless of whether they are a holder of an affected resource consent)—
(i)
applies, during the applicable interim period, for an affected resource consent (or an affected resource consent for the same activity applied for in accordance with section 124); and
(ii)
seeks, as part of their resource consent application, a determination from the consent authority that clause 39 does not affect the duration of the consent; and
(iii)
demonstrates that the application is primarily for an activity described in subclause (3); and
(b)
the consent authority determines that clause 39 does not affect the duration of the consent after being satisfied that the application is primarily for an activity described in subclause (3).
(2)
If subclause (1)(b) applies, the consent authority must determine the duration of the affected resource consent in accordance with sections 104 and 123.
(3)
The activities referred to in subclause (1)(a)(iii) and (b) are as follows:
(a)
the construction, operation, upgrading, or maintenance of local authority or community reticulated water supply networks:
(b)
the construction, operation, upgrading, and maintenance of infrastructure that forms part of a public wastewater or stormwater network:
(c)
the operation, upgrading, or maintenance of any hydro-electricity generation scheme that exists on the day after the date that the Natural and Built Environment Act 2023 receives the Royal assent:
(d)
the construction, operation, upgrading, or maintenance of any of the following infrastructure activities:
(i)
State highways:
(ii)
the high-pressure gas transmission pipeline network operating in the North Island:
(iii)
the national grid electricity transmission network or local distribution network:
(iv)
the New Zealand rail network (including light rail):
(v)
renewable electricity generation facilities, excluding any hydro-electricity generation facility, that connect directly to the national grid electricity transmission network or that connect to a local distribution network:
(vi)
any airport used for regular air transport services by aeroplanes capable of carrying more than 30 passengers:
(vii)
port facilities of each port company referred to in item 6 of Part A of Schedule 1 of the Civil Defence Emergency Management Act 2002:
(viii)
infrastructure that forms part of a public telecommunications network:
(e)
replacement, repair, or removal activities for the purpose of an activity described in paragraphs (a) to (d):
(f)
an activity specified in an Order in Council made under this clause.
(4)
The activities described in subclause (3)(d)(vi) and (vii) do not include any ancillary commercial activity or facilities for that activity.
(5)
The Governor-General may, on the recommendation of the Minister, make regulations specifying further infrastructure activities that are not affected by clause 39.
(6)
Before making a recommendation under subclause (5), the Minister must be satisfied that the activity is—
(a)
an infrastructure activity that has regional or national significance; or
(b)
an activity that is associated with an activity described in paragraph (a); or
(c)
the construction, operation, upgrading, and maintenance of water storage facilities for the purpose of improving outcomes related to resilience to environmental change or climate change.
(7)
Regulations made under this clause are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this clause | ||||
| 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. | ||||
41 Public notification of applications for affected resource consent for same activity precluded
(1)
During the applicable interim period, a consent authority must not give public notification of an application for an affected resource consent if—
(a)
clause 39 would affect the duration of the consent if the application were granted; and
(b)
the application is for the same activity to which an application under section 124 relates.
(2)
To avoid doubt, subclause (1)—
(a)
applies despite any provision of this Act or any rule in a national environmental standard or regional plan; and
(b)
does not prevent a consent authority from giving limited notification of the affected resource consent.
(3)
However, this clause does not apply if an applicant for an affected resource consent requests that the consent authority give public notification of the application.
42 Submitters’ appeal rights restricted for limited notified affected resource consent application
(1)
This section applies to a person who made a submission on a limited notified application for an affected resource consent the duration of which has been determined in accordance with clause 39(2).
(2)
The person may not, despite section 120(1)(b), appeal against the whole or any part of a decision of a consent authority on the application, unless the Environment Court is satisfied that the person has an interest in the application that is greater than the interest that the general public has.
Part 5Amendments to secondary legislation
Animal Products (Regulated Control Scheme—Bivalve Molluscan Shellfish) Regulations 2006 (SR 2006/38)
In regulation 49(1)(b), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Biosecurity (National PA Pest Management Plan) Order 2022 (SL 2022/208)
Replace clause 26(d) with:
(d)
regulating earthworks under the plan for its region or district under the Natural and Built Environment Act 2023.
Building (Accreditation of Building Consent Authorities) Regulations 2006 (SR 2006/399)
In regulation 6A(3)(c), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Building (Forms) Regulations 2004 (SR 2004/385)
In Schedule 2, form 4, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In Schedule 2, form 4, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In Schedule 2, form 14, replace “section 224(f) of the Resource Management Act 1991”
with “section 589 of the Natural and Built Environment Act 2023”
.
Building Regulations 1992 (SR 1992/150)
In Schedule 1, clause A2, definition of allotment, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
in each place.
In Schedule 1, clause A2, definition of contaminant, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In Schedule 1, clause A2, definition of territorial authority, replace “section 12(1)(b) of the Resource Management Act 1991”
with “section 23(1)(b) of the Natural and Built Environment Act 2023”
.
In Schedule 1, clause E1.3.1, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In Schedule 1, clause G13.3.4(d), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In Schedule 1, clause G14.3.2(d), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Cadastral Survey Rules 2021 (LI 2021/95)
In rule 72(b), replace “section 223 of the Resource Management Act 1991”
with “section 579 of the Natural and Built Environment Act 2023”
.
In Schedule 2, definition of company lease, replace “section 2(1) of the Resource Management Act 1991”
with “section 11(1) of the Natural and Built Environment Act 2023”
.
In Schedule 2, definition of cross lease, replace “section 2(1) of the Resource Management Act 1991”
with “section 11(1) of the Natural and Built Environment Act 2023”
.
In Schedule 2, definition of esplanade strip, replace “section 2(1) of the Resource Management Act 1991”
with “section 11(1) of the Natural and Built Environment Act 2023”
.
Christ Church Cathedral Reinstatement Order 2020 (LI 2020/226)
In clause 4(1), insert in its appropriate alphabetical order:
NBEA means the Natural and Built Environment Act 2023
In clause 4(1), revoke the definition of RMA.
Replace clause 4(2)(a) with:
(a)
in the NBEA have the same meaning as in that Act; and
In clause 5(2)(a), replace “section 88 of the RMA”
with “sections 239 and 240 of the NBEA”
.
In clause 5(2)(b), replace “section 127 of the RMA”
with “section 334 of the NBEA”
.
In clause 6, replace “section 37(1)(a) of the RMA”
with “section 787(1)(a) of the NBEA”
.
In the cross-heading above clause 8, replace “RMA”
with “NBEA”
.
In clause 8(1), replace “section 87A(2) of the RMA”
with “section 288 of the NBEA”
.
In clause 8(3), replace “section 87A(2)(b) of the RMA”
with “section 288(3) of the NBEA”
.
Revoke clause 8(4).
In clause 15(1), replace “Part 6 of the RMA”
with “Part 6 of the NBEA”
.
In clause 15(3), replace “sections 95 to 103B of the RMA”
with “sections 264 to 276 of the NBEA”
.
Replace clause 16 with:
16 Conditions: modification of NBEA as allowed by section 8 of Christ Church Cathedral Reinstatement Act 2017)
Clauses 8 to 14 modify sections 286, 288, 290, and 294 of the NBEA as follows:
(a)
section 286(13)(c) and (d) and (15) are disapplied:
(b)
section 288(3) is replaced by clauses 8(3) and 9 to 14 (allowing the consent authority to impose conditions on a resource consent granted in reliance on this order):
(c)
section 290(1) is disapplied:
(d)
section 294 is disapplied.
In clause 17(3), replace “RMA, and section 352 of the RMA”
with “NBEA, and section 742 of the NBEA”
.
In clause 17(4)(a), replace “section 120 of the RMA”
with “section 313 of the NBEA”
.
In clause 17(4)(b), replace “Part 14 of the RMA”
with “Part 12 of the NBEA”
.
In clause 17(5), replace “Section 114 of the RMA”
with “Section 303 of the NBEA”
.
In clause 19(1), replace “section 115 of the RMA”
with “section 302 of the NBEA”
.
In clause 19(2), replace “section 37, 88B, or 88E of the RMA”
with “sections 257 and 787 of the NBEA”
.
In clause 19(2)(b), replace “section 88C”
with “section 255 or 787 of the NBEA”
.
In clause 21(1), replace “Part 12 of the RMA”
with “Part 11 of the NBEA”
.
In clause 21(1), replace “section 16 or 17 of the RMA”
with “section 18 or 19 of the NBEA”
.
In the explanatory note, after the first paragraph, insert:
For the application of amendments made to this order by the Natural and Built Environment Act 2023, see clause 85 of Schedule 1 of that Act. The rest of this explanatory note and the statement of reasons remain in their form as made.
Climate Change (Forestry) Regulations 2022 (SL 2022/266)
In regulation 46(2)(b), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Crown Minerals (Royalties for Minerals Other than Petroleum) Regulations 2013 (SR 2013/206)
In regulation 4(1), definition of permit maintenance and consent costs, paragraph (a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In regulation 29(5), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Crown Minerals (Royalties for Petroleum) Regulations 2013 (SR 2013/126)
In regulation 4(1), definition of permit maintenance and consent costs, paragraph (a)(i), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In regulation 26(7), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Education (Early Childhood Services) Regulations 2008 (SR 2008/204)
In regulation 9(1)(d), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Replace regulation 20 with:
20 Consents under Natural and Built Environment Act 2023
The Secretary must not grant any licence for an early childhood education and care centre unless satisfied that the use of the premises in respect of their use as a centre complies with the Natural and Built Environment Act 2023.
Electricity (Hazards from Trees) Regulations 2003 (SR 2003/375)
In regulation 17(3), replace “district plan (as defined in section 2(1) of the Resource Management Act 1991)”
with “natural and built environment plan under the Natural and Built Environment Act 2023”
.
Fisheries (Aquaculture Compensation Methodology) Regulations 2012 (SR 2012/335)
In regulation 3, definition of party, paragraph (b), after “owner”
, insert “; or”
.
In regulation 3, definition of party, after paragraph (b), insert:
(c)
in relation to an aquaculture area decision, the negotiator appointed by the Minister in accordance with section 186ZEA(1) of the Act
In regulation 3, definition of proposed aquaculture activities, after “coastal permit”
, insert “, or aquaculture activities provided for in an aquaculture area,”
.
In Schedule 1, clause 2(2), after “permit application”
, insert “or by reference to the aquaculture area rules”
.
In Schedule 1, after clause 2(2), insert:
(3)
If the aquaculture area rules are used to determine the species, the arbitrator may estimate the area of aquaculture activity in an aquaculture area based on aquaculture area rules.
In Schedule 1, clause 3(1), item cl of the formula, after “the Act”
, insert “or in the aquaculture area decision made by the chief executive under section 186JB of the Act”
.
In Schedule 2, clause 1(2), after “site”
, insert “or aquaculture area”
.
Fisheries (Commercial Fishing) Regulations 2001 (SR 2001/253)
In Schedule 2, Part 4, clause 18A(1)(a) and (b), after “aquaculture decision”
, insert “or aquaculture area decision”
.
In Schedule 2, Part 4, clause 18A(1)(c), after “aquaculture decisions”
, insert “or aquaculture area decisions”
.
Fisheries (Cost Recovery) Rules 2001 (SR 2001/229)
In rule 3(1), definition of certificate of compliance, replace “section 2(1) of the Resource Management Act 1991”
with “section 11(1) of the Natural and Built Environment Act 2023”
.
In rule 3(1), definition of resource consent, replace “section 2(1) of the Resource Management Act 1991”
with “section 11(1) of the Natural and Built Environment Act 2023”
.
Fisheries (Kaimoana Customary Fishing) Regulations 1998 (SR 1998/434)
In regulation 16(2)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Fisheries (South Island Customary Fishing) Regulations 1999 (SR 1999/342)
In regulation 16(2)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Freshwater Fish Farming Regulations 1983 (SR 1983/278)
Replace the heading to regulation 5 with “Applicant to obtain right to take or discharge water required by Natural and Built Environment Act 2023”
.
In regulation 5(1) and (2), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In regulation 9, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Freshwater Fisheries Regulations 1983 (SR 1983/277)
In regulation 44(3), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Health and Safety at Work (Asbestos) Regulations 2016 (LI 2016/15)
In regulation 40(1)(b) and (2)(b), replace “by a territorial authority under section 73 of the Resource Management Act 1991”
with “under a natural and built environment plan under the Natural and Built Environment Act 2023”
.
In regulation 53(1)(b) and (2)(b), replace “by a territorial authority under section 73 of the Resource Management Act 1991”
with “under a natural and built environment plan under the Natural and Built Environment Act 2023”
.
In regulation 59(2)(f)(iii), after “Resource Management Act 1991”
, insert “or the Natural and Built Environment Act 2023”
.
In regulation 67(1)(b), after “Resource Management Act 1991”
, insert “or the Natural and Built Environment Act 2023”
.
Health and Safety at Work (Hazardous Substances) Regulations 2017 (LI 2017/131)
In regulation 14.32, definition of site, paragraph (a)(iii)(A), replace “section 240 of the Resource Management Act 1991”
with “section 628 of the Natural and Built Environment Act 2023”
.
Infrastructure Funding and Financing (Western Bay of Plenty Transport System Plan Levy) Order 2022 (SL 2022/308)
In clause 12(3)(b), replace “district plan or regional plan under the Resource Management Act 1991”
with “plan under the Natural and Built Environment Act 2023”
.
Land Transfer Regulations 2018 (LI 2018/193)
In Schedule 2, item relating to covenant against transfer, lease, or other disposition of part of land, column 2, replace “s 240 of the Resource Management Act 1991”
with “s 628 of the Natural and Built Environment Act 2023”
.
In Schedule 2, item relating to instrument creating easement for access strip, column 2, replace “s 237B of the Resource Management Act 1991”
with “s 615 of the Natural and Built Environment Act 2023”
.
In Schedule 2, item relating to instrument creating esplanade strip, column 2, replace “s 232 or 235 of the Resource Management Act 1991”
with “s 617 of the Natural and Built Environment Act 2023”
.
In Schedule 3, item relating to covenant against transfer, lease, or other disposition of part of land, column 2, replace “s 240 of the Resource Management Act 1991”
with “s 628 of the Natural and Built Environment Act 2023”
.
In Schedule 3, item relating to instrument creating easement for access strip, column 2, replace “s 237B of the Resource Management Act 1991”
with “s 615 of the Natural and Built Environment Act 2023”
.
In Schedule 3, item relating to instrument creating esplanade strip, column 2, replace “s 232 or 235 of the Resource Management Act 1991”
with “s 617 of the Natural and Built Environment Act 2023”
.
Lawyers and Conveyancers Act (Conveyancers: Registration and Practice) Regulations 2008 (SR 2008/189)
In the Schedule, clause 1(i), replace “resource management”
with “the Natural and Built Environment Act 2023”
.
In the Schedule, clause 2(g), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Legislation (Publication) Regulations 2021 (LI 2021/246)
In Schedule 4, Part 1, replace the table with:
| Empowering legislation | Empowering provision(s) | |
|---|---|---|
| Natural and Built Environment Act 2023 | Sections 167 and 168 and clause 128 of Schedule 6 |
In Schedule 4, Part 1, delete the sentence “There are no provisions listed in Part 1 in these regulations as made.”
Local Government (Financial Reporting and Prudence) Regulations 2014 (LI 2014/76)
In regulation 3, revoke the definition of financial contribution.
In regulation 3, insert in its appropriate alphabetical order:
environmental contribution means an environmental contribution required under section 295 of the Natural and Built Environment Act 2023 to be made as a condition of a resource consent
Māori Land Court Fees Regulations 2013 (SR 2013/219)
In the Schedule, Part 12, item 23(f), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Māori Land Court Rules 2011 (SR 2011/374)
In the Schedule, form 39, Schedule 1, item 5, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Marine Reserve (Motu Manawa-Pollen Island) Order 1995 (SR 1995/216)
In clause 3(1), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In clause 3(2), replace “section 2(1) of the Resource Management Act 1991”
with “section 11(1) of the Natural and Built Environment Act 2023”
.
Marine Reserve (Taputeranga) Order 2008 (SR 2008/226)
In clause 4(1)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In clause 4(2), replace “section 2(1) of the Resource Management Act 1991”
with “section 11(1) of the Natural and Built Environment Act 2023”
.
In clause 5(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In clause 6(2)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Marine Reserve (Whangarei Harbour) Order 2006 (SR 2006/283)
In clause 4(1)(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In clause 4(2), replace “section 2(1) of the Resource Management Act 1991”
with “section 11(1) of the Natural and Built Environment Act 2023”
.
In clause 5(a), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Maritime (Charges) Regulations 2014 (LI 2014/26)
In Schedule 1, Part A, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
National Water Conservation (Rakaia River) Order 1988 (SR 1988/241)
In clause 2, definition of Act, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
National Water Conservation (Te Waihora/Lake Ellesmere) Order 1990 (SR 1990/155)
In clause 2, definition of Act, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
New Zealand Game Bird Habitat Stamp Regulations 1993 (SR 1993/329)
In regulation 5(5), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Overseas Investment Regulations 2005 (SR 2005/220)
In regulation 3C(6)(b), replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
In regulation 13(2)(g), replace “section 2(1) of the Resource Management Act 1991”
with “section 11(1) of the Natural and Built Environment Act 2023”
.
Residential Tenancies (Healthy Homes Standards) Regulations 2019 (LI 2019/88)
In regulation 3(1), definition of geothermal energy, replace “section 2(1) of the Resource Management Act 1991”
with “section 11(1) of the Natural and Built Environment Act 2023”
.
In regulation 31(4), definition of consent, paragraph (b), replace “section 2(1) of the Resource Management Act 1991”
with “section 11(1) of the Natural and Built Environment Act 2023”
.
Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 (LI 2016/128)
In regulation 20(5), definition of resource consent, replace “section 2(1) of the Resource Management Act 1991”
with “section 11(1) of the Natural and Built Environment Act 2023”
.
Resource Management (Forms, Fees, and Procedure) Regulations 2003 (SR 2003/153)
In Schedule 1, form 9, after paragraph 2, insert:
2A
Indicate which of the following applies or omit if neither applies:
This application is for an affected resource consent within the meaning of clause 38 of Schedule 12 of the Resource Management Act 1991.
I seek a determination under clause 40 of Schedule 12 of the Resource Management Act 1991 that clause 39 of that schedule does not affect the duration of the resource consent for which this application is made.
In Schedule 1AA, after Part 2, insert:
Part 3 Provision relating to amendments to Resource Management Act 1991 made by Natural and Built Environment Act 2023
5 When amendment to Schedule 1, form 9 applies
Paragraph 2A of form 9 of Schedule 1 applies on the day after the date that the Natural and Built Environment Act 2023 receives the Royal assent.
Sharemilking Agreements Order 2011 (SR 2011/295)
In Schedule 1, note above clause 67, replace “Resource Management Act 1991”
with “Natural and Built Environment Act 2023”
.
Whitebait Fishing Regulations 2021 (LI 2021/180)
In regulation 3, replace the definition of licensed structure with:
licensed structure means a structure authorised to be used for the purpose of fishing for whitebait under the Natural and Built Environment Act 2023—
(a)
by a natural and built environment plan; or
(b)
by a resource consent
Notes
1 General
This is a consolidation of the Natural and Built Environment Act 2023 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68): section 5(1)
Versions
Natural and Built Environment Act 2023
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