Resource Management Amendment Act 2005

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

Reprint as at 24 October 2019

Resource Management Amendment Act 2005

Public Act
 
2005 No 87
Date of assent
 
9 August 2005
 
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.

This Act is administered by the Ministry for the Environment.

Contents

1Title
2Commencement
3Purpose
4Interpretation
5Certain existing uses in relation to land protected
6Functions of Minister for the Environment
7New section 24A inserted
24APower of Minister for the Environment to investigate and make recommendations
8New section 25A inserted
25AMinister may direct preparation of plan, change, or variation
9New section 27 substituted
27Minister may require local authorities to supply information
10Delegation of functions by Ministers
11Functions of regional councils under this Act
12Functions of territorial authorities under this Act
13Consideration of alternatives, benefits, and costs
14Delegation of powers and functions to employees and other persons
15Duty to gather information, monitor, and keep records
16New section 35A inserted
35ADuty to keep records about iwi and hapu
17Administrative charges
18New headings and sections 36A to 36E inserted
Duties of local authorities and applicants
36ANo duty under this Act to consult about resource consent applications and notices of requirement
Powers and duties of local authorities and other public authorities
36BPower to make joint management agreement
36CLocal authority may act by itself under joint management agreement
36DEffect of joint management agreement
36ETermination of joint management agreement
19Persons to have powers of consent authority for purposes of sections 37 and 37A
20Hearings to be public and without unnecessary formality
21New section 39A inserted
39AAccreditation
22New section 39B inserted
39BPersons who may be given hearing authority
23New section 39C inserted
39CEffect of lack of accreditation
24Provisions relating to hearings
25New sections 41A to 41C inserted
41AControl of hearings
41BDirections to provide evidence within time limits
41CDirections and requests before or at hearings
26Reports to local authorities
27Regulations prescribing national environmental standards
28Additional powers to implement national environmental standards
29New sections 43B to 43G substituted
43BRelationship between national environmental standards and rules or consents
43CRelationship between national environmental standards and water conservation orders
43DRelationship between national environmental standards and designations
43ERelationship between national environmental standards and bylaws
43FDescription of discharges in national environmental standards for discharges
43GIncorporation of material by reference in national environmental standards
30Restriction on power to make regulations prescribing national environmental standards
31Proposed national policy statement
32New section 46A inserted
46AMinister chooses process
33New section 46B inserted
46BIncorporation of material by reference in national policy statements
34Changes to or review or revocation of national policy statements
35Local authority recognition of national policy statements
36Preparation of New Zealand coastal policy statements
37Contents of New Zealand coastal policy statements
38New section 58A inserted
58AIncorporation of material by reference in New Zealand coastal policy statements
39Preparation and change of other regional plans
40Matters to be considered by regional council
41New section 67 substituted
67Contents of regional plans
42Regional rules
43Implementation of regulations made under section 43
44Preparation and change of district plans
45Matters to be considered by territorial authority
46New section 75 substituted
75Contents of district plans
47District rules
48Types of activities
49Circumstances when further review required
50Making an application
51New sections 88B and 88C substituted
88BProcessing provisions from which periods described in section 88C are excluded
88CDescription of excluded periods
52Further information may be required
53New sections 92A and 92B inserted
92AResponses to request
92BResponses to notification
54Forming opinion as to whether adverse effects are minor or more than minor
55Making of submissions
56Time limit for submissions
57Heading amended and new section 99 substituted
99Pre-hearing meetings
58New section 99A inserted
99AMediation
59Consideration of applications
60Determination of applications for controlled activities
61Implementation of regulations made under section 43
62Decisions on applications to be in writing, etc
63When resource consent commences
64Application to carry out a restricted coastal activity
65Right to appeal
66New section 124 substituted
124Exercise of resource consent while applying for new consent
67New sections 124A to 124C inserted
124AWhen sections 124B and 124C apply and when they do not apply
124BApplications by existing holders of resource consents
124CApplications by persons who are not existing holders of resource consents
68Lapsing of consents
69Cancellation of consent
70Change or cancellation of consent condition on application by consent holder
71Circumstances when consent conditions can be reviewed
72Notice of review
73New section 133A inserted
133AMinor corrections of resource consents
74Transferability of water permits
75New section 137 substituted
137Transferability of discharge permits
76New heading substituted
Certificates of compliance or existing use
77Consent authorities to grant certificates of compliance
78New section 139A inserted
139AConsent authorities to issue existing use certificates
79New heading and new sections 140 to 141C substituted
Decisions on proposals of national significance
140Meaning of applicant, local authority, and matter in sections 141 to 150AA
141Application of sections 141A to 150AA to coastal marine areas
141AMinister’s power to intervene
141BMinister’s power to call in matters that are or are part of proposals of national significance
141CForm and effect of Minister’s direction
80New sections 142 to 147 substituted
142Minister may determine not to proceed
143Local authority’s obligations
144Minister to notify direction
145Minister to receive submissions
146Minister to appoint board of inquiry
147Conduct of inquiry
81New sections 148 to 149B inserted
148Board to produce draft report
149Board to produce final report
149AAppeals on questions of law
149BCosts of process
82New section 150 substituted
150Residual powers of authorities
83New section 150AA inserted
150AAReference to Environment Court
84Publication, etc, of Order in Council
85Plan may specify allocation methods
86Preferential rights of iwi
87Excluded areas
88Invitation to request change to regional coastal plan or proposed regional coastal plan
89Further information, public notification, submissions, and hearing
90Lapsing of designations which have not been given effect to
91Further information, public notification, submissions, and hearing
92Territorial authority to issue a consent notice
93Vesting of ownership of land in coastal marine area or bed of lake or river in the Crown or territorial authority
94Transfers to the Crown or regional council
95New section 251A inserted
251AAppointment of acting Principal Environment Judge
96Registrar and other officers
97Protection from legal proceedings
98Additional dispute resolution
99Representation at proceedings
100Evidence
101Environment Court has powers of District Court
102Powers of Environment Commissioner sitting without Environment Judge
103Waivers and directions
104New sections 281A and 281B inserted
281ARegistrar may waive, reduce, or postpone payment of fee
281BReview of exercise of power by Registrar
105Reference of questions of law to High Court
106New section 290A inserted
290AEnvironment Court to have regard to decision that is subject of appeal or inquiry
107New section 293 substituted
293Environment Court may order change to policy statements and plans
108No review of decisions unless right of appeal or reference to inquiry exercised [Repealed]
109Notice of appeal
110Right to appear and be heard on appeal
111Parties to the appeal before the High Court
112Orders of the High Court
113Additional appeals on points of law
114Date of hearing
115Scope and effect of declaration
116Notification of application
117Decision on application [Repealed]
118Cancellation of abatement notice
119Meaning of excessive noise
120Emergency works and power to take preventive or remedial action
121Resource consents for emergency works
122Mode of service of summons on master or owner of ship
123Matters may be determined by arbitration
124Objections to certain decisions and requirements of consent authorities
Rights of objection
357Right of objection to local authorities against certain decisions
357ARight of objection to consent authority against certain decisions or requirements
357BRight of objection in relation to imposition of additional charges or recovery of costs
357CProcedure for making and hearing objection under sections 357 to 357B
357DDecision on objections made under sections 357 to 357B
125Appeals against certain decisions or objections
126Provisions deemed to be regional rules
127Regulations
128Transitional provisions for public utilities
129Schedules 1 and 4 amended
130New Schedule 1AA inserted
131Transitional provisions relating to provisions of principal Act
132Transitional provisions relating to Resource Management (Waitaki Catchment) Amendment Act 2004
133Transitional provision for service of notice
134Transitional provision on allocation plans
135Transitional provisions relating to regulations made under provisions of principal Act
Schedule 1
Amendments to Schedule 1 of principal Act
Schedule 2
New Schedule 1AA inserted in principal Act
Reprint notes

The Parliament of New Zealand enacts as follows: