Resource Management Amendment Act 2020

Coat of Arms of New Zealand

Resource Management Amendment Act 2020

Public Act
 
2020 No 30
Date of assent
 
30 June 2020
Commencement
 
see section 2

Contents

1Title
2Commencement
Part 1
Amendments to Resource Management Act 1991
3Amendments to Resource Management Act 1991
4Section 2 amended (Interpretation)
5Section 2AC amended (Availability of documents during COVID-19 response)
6Section 4 amended (Act to bind the Crown)
7Section 11 amended (Restrictions on subdivision of land)
8Section 29 amended (Delegation of functions by Ministers)
9Section 36 amended (Administrative charges)
10Section 38 amended (Authorisation and responsibilities of enforcement officers)
11Section 39AA amended (Hearing using remote access facilities during COVID-19 response)
12Section 42C amended (Functions of EPA)
13Section 44 amended (Restriction on power to make national environmental standards)
14Section 46A amended (Single process for preparing national directions)
15Section 51 amended (Matters to be considered and board of inquiry’s report)
16Section 58R amended (Contents of Mana Whakahono a Rohe)
17Section 61 amended (Matters to be considered by regional council (policy statements))
18Section 66 amended (Matters to be considered by regional council (plans))
19Section 70A repealed (Application to climate change of rules relating to discharge of greenhouse gases)
20Section 70B repealed (Implementation of national environmental standards)
21Section 74 amended (Matters to be considered by territorial authority)
22Subpart 4 of Part 5 replaced
Subpart 4—Freshwater planning process
80AFreshwater planning process
23Section 80C amended (Application to responsible Minister for direction)
24Section 87AAC amended (Meaning of fast-track application)
25Section 88 amended (Making an application)
26Section 88B amended (Time limits from which time periods are excluded in relation to applications)
27Section 88E amended (Excluded time periods relating to other matters)
28New sections 88G and 88H inserted
88GExclusion of period when processing of non-notified application suspended
88HExcluded time periods relating to non-payment of administrative charges
29Section 91A amended (Applicant may have processing of application suspended)
30Section 91B amended (When suspension of processing ceases)
31Section 91C amended (Application may be returned if suspended after certain period)
32New sections 91D to 91F inserted
91DApplicant may have processing of non-notified application suspended
91EWhen suspension of processing of non-notified application ceases
91FNon-notified application may be returned after certain period
33Section 95A amended (Public notification of consent applications)
34Section 95B amended (Limited notification of consent applications)
35Section 104E repealed (Applications relating to discharge of greenhouse gases)
36Section 104F repealed (Implementation of national environmental standards)
37Section 120 amended (Right to appeal)
38Section 128 amended (Circumstances when consent conditions can be reviewed)
39Section 129 amended (Notice of review)
40Section 140 amended (Outline of this Part)
41Section 141 amended (Interpretation)
42Section 142 amended (Minister may call in matter that is or is part of proposal of national significance)
43Section 143 amended (Restriction on when local authority may request call in)
44Section 149C amended (EPA must give public notice of Minister’s direction)
45Section 149E amended (EPA to receive submissions on matter if public notice of direction has been given)
46Section 149F amended (EPA to receive further submissions if matter is request, change, or variation)
47Section 149H amended (Local authority may not notify further change or variation in certain circumstances)
48Section 149I amended (Limitation on withdrawal of change or variation)
49Section 149M amended (Process if matter is request for regional plan or change and particular circumstances apply)
50Section 149N amended (Process if section 149M applies or proposed plan or change not yet prepared)
51Section 149O amended (Public notice and submissions where EPA receives proposed plan or change from local authority under section 149N)
52Section 149P amended (Consideration of matter by board)
53Section 149R amended (Board to produce report)
54Section 149RA amended (Minor corrections to board decisions, etc)
55Section 149U amended (Consideration of matter by Environment Court)
56Section 149W amended (Local authority to implement decision of board or court about proposed regional plan or change or variation)
57Section 170 amended (Discretion to include requirement in proposed plan)
58Section 171 amended (Recommendation by territorial authority)
59Section 174 amended (Appeals)
60Section 187 amended (Meaning of heritage order and heritage protection authority)
61Section 198E amended (Environment Court decides)
62Section 198K amended (Environment Court decides)
63Section 202 amended (Minister’s obligations upon receipt of application)
64New Parts 9A and 9B inserted
Part 9A
Freshwater farm plans
217APurpose
217BInterpretation
217CApplication of this Part
217DFarm must have certified freshwater farm plan if it meets land use threshold
217EMain duties of farm operators
217FContents of freshwater farm plan
217GCertification of freshwater farm plan
217HAudit of farm for compliance with certified freshwater farm plan
217IFunctions of regional councils
217JRecords that must be kept by regional council
217KRegional council must appoint certifiers and auditors
217LRelationship between certified freshwater farm plan and specified instruments
217MRegulations relating to freshwater farm plans
Part 9B
Effect of nitrogenous fertiliser on freshwater quality and freshwater ecosystems
217NPurpose of this Part
217ONitrogenous fertiliser defined
217PObligation to comply with regulations
217QRegulations relating to sales information on nitrogenous fertiliser
65Section 248 amended (Membership of Environment Court)
66Section 249 amended (Eligibility for appointment as an Environment Judge or alternate Environment Judge)
67Section 250 amended (Appointment of Environment Judges and alternate Environment Judges)
68Section 250A amended (Judge not to undertake other employment or hold other office)
69Section 250B amended (Protocol relating to activities of Judges)
70Section 251 amended (Principal Environment Judge)
71Section 251A amended (Appointment of acting Principal Environment Judge)
72Section 252 amended (When an alternate Environment Judge may act)
73Section 254 amended (Appointment of Environment Commissioner or Deputy Environment Commissioner)
74Section 255 amended (When a Deputy Environment Commissioner may act)
75Section 259 amended (Special advisors)
76Section 261 amended (Protection from legal proceedings)
77Section 265 amended (Environment Court sittings)
78Section 279 amended (Powers of Environment Judge sitting alone)
79Section 280 amended (Powers of Environment Commissioner sitting without Environment Judge)
80Section 281 amended (Waivers and directions)
81Section 288A amended (Information regarding reserved judgments)
82Section 288B amended (Recusal guidelines)
83Section 311 amended (Application for declaration)
84Section 316 amended (Application for enforcement order)
85Section 324 amended (Form and content of abatement notice)
86Section 325 amended (Appeals)
87Section 325A amended (Cancellation of abatement notice)
88Section 325B amended (Restrictions on certain applications for enforcement orders and abatement notices)
89Section 330B amended (Emergency works under Civil Defence Emergency Management Act 2002)
90Section 332 amended (Power of entry for inspection)
91Section 336 amended (Return of property seized under sections 323 and 328)
92Section 338 amended (Offences against this Act)
93Section 339C amended (Amount of fine or other monetary penalty recoverable by distress and sale of ship or from agent)
94Section 342 amended (Fines to be paid to local authority instituting prosecution)
95Section 343D amended (Entitlement to infringement fees)
96New Part 12A inserted
Part 12A
Enforcement functions of EPA
343ETerms used in this Part
343FEnforcement functions of EPA
343GIntervention by EPA
343HEPA may change enforcement functions
343IEPA enforcement officers
343JEPA may require information from local authority
343KAdditional reporting requirements
343LOrder for payment of EPA’s costs in bringing a prosecution
97Section 353 amended (Notices and consents in relation to Maori land)
98Section 355B amended (Enforcement powers against unlawful reclamations)
99Section 357 amended (Right of objection against certain decisions)
100Section 358 amended (Appeals against certain decisions or objections)
101Section 360 amended (Regulations)
102Sections 360D, 360E, 360G, and 360H repealed
103Schedule 1 amended
104Schedule 12 amended
Part 2
Amendments to other enactments
Subpart 1—Amendments to Resource Legislation Amendment Act 2017
105Amendments to Resource Legislation Amendment Act 2017
106Section 2 amended (Commencement)
107Subpart 3 of Part 1 repealed
108Schedules 4 and 5 repealed
Subpart 2—Consequential amendments to other enactments
109Consequential amendments to other enactments
Schedule
Consequential amendments
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: