Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010

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Reprint as at 5 March 2013

Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010

Public Act2010 No 12
Date of assent12 April 2010
Commencementsee section 2


Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry for the Environment.


1 Title

2 Commencement

Part 1
Preliminary provisions

3 Purpose

4 Interpretation

5 Act binds the Crown

6 Expiry and repeal

Part 2
Replacement of governing body of ECan

7 What this Part does

Termination of office of elected members

8 Replacement day

9 Elected members cease to hold office on close of day before replacement day

Appointment of commissioners

10 Appointment of commissioners

11 First appointment of commissioners takes effect on replacement day

12 How appointment of commissioners made

13 Amendment of terms of reference for commissioners

14 Commissioners must have collective knowledge and expertise in certain matters

15 Subsequent appointment of commissioners

16 Chairperson and deputy chairperson of commissioners

17 Term of office

17A Review

18 Commissioners' remuneration and expenses

19 Exclusion of commissioners' liability

Functions of commissioners

20 Commissioners constitute governing body of ECan

21 Commissioners must establish advice process

2010 and 2013 elections for members of ECan

22 2010 and 2013 elections for members of ECan must not be held

Next election

23 Members of ECan elected at next election

Application of other enactments

24 References to members, chairperson, and deputy chairperson

25 Provisions of Local Government Act 2002 that do not apply

26 Provisions of Local Electoral Act 2001 that do not apply

Saving and transitional provisions

27 Saving for acts of elected members of ECan

28 Continuation of committees and delegations

Part 3
Additional functions and powers of ECan after commencement day

Subpart 1Preliminary matters

29 What this Part does

30 Application of Part 2 of RMA to this Part

31 Transitional regulations

Subpart 2Moratoria on specified applications

32 Application of RMA under this subpart

33 Interpretation

Imposition of moratorium

34 Power to impose moratorium on specified applications

35 Notification of moratorium

36 Power to end moratorium

Effect of moratorium

37 Effect of moratorium on specified applications made during currency, or after end, of moratorium

38 Specified applications made before moratorium in force

39 Effect of moratorium on applications for which request is made under section 87D of RMA

40 Effect of moratorium on permits granted before moratorium in force

Treatment of specified applications at end of moratorium

41 Specified applications held over during moratorium may be revised

42 Process to apply to specified applications after end of moratorium

43 Application of certain provisions of RMA


44 No compensation

45 Provisions of Local Government Act 2002 that do not apply

Subpart 3Water conservation orders

46 Part 9 of RMA does not apply except as otherwise stated

Provisions relating to processing of applications

47 Applications to Minister under section 201 of RMA

48 Processing of applications

49 ECan to notify applications

Criteria and process for consideration of applications

50 Consideration of applications by ECan

51 Submissions, hearing, and report

Appeals on question of law only

52 Jurisdiction of Environment Court excluded

53 Right of appeal to High Court on question of law

54 Provisions of RMA applying to appeal procedure

55 Appeal to Court of Appeal

Making or declining to make WCO

56 Application of sections 214 and 215 of RMA

57 Scope and effect of WCO made under this subpart

Revocations and variations

58 Applications to revoke or vary WCOs

Delegations under this subpart

59 Delegation by ECan of functions, powers, and duties

Transitional matters

60 Transitional provisions

Subpart 4Process for approval of proposed regional policy statements or plans

Preliminary matters

61 Meaning of proposed regional policy statement or plan

62 Application of RMA

Additional criteria for decision making

63 Additional relevant criteria

Procedural arrangements

64 Application of sections 65 to 68

65 Notification of decision

66 Right of appeal to High Court on question of law

67 Scope of right of appeal

68 Appeal procedure

Transitional provision

69 Procedures if proposed regional policy statement or plan under consideration before commencement day

Schedule 1
Vision and principles of Canterbury Water Management Strategy—Strategic Framework, November 2009

Schedule 2
Transitional provisions

Reprint notes

The Parliament of New Zealand enacts as follows: