Christ Church Cathedral Reinstatement Order 2020
Christ Church Cathedral Reinstatement Order 2020
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Christ Church Cathedral Reinstatement Order 2020
Version as at 23 December 2023

Christ Church Cathedral Reinstatement Order 2020
(LI 2020/226)
Patsy Reddy, Governor-General
Order in Council
At Wellington this 24th day of August 2020
Present:
The Right Hon Jacinda Ardern presiding in Council
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 order is administered by the Department of the Prime Minister and Cabinet.
This order is made under section 8 of the Christ Church Cathedral Reinstatement Act 2017—
(a)
on the advice and with the consent of the Executive Council; and
(b)
on the recommendation of the Minister for Greater Christchurch Regeneration made in accordance with sections 9 and 10 of that Act.
Contents
Order
1 Title
This order is the Christ Church Cathedral Reinstatement Order 2020.
2 Commencement
This order comes into force on 9 October 2020.
3 Revocation
This order is revoked on the close of 21 December 2032.
4 Interpretation
(1)
In this order, unless the context otherwise requires,—
applicant means Christ Church Cathedral Reinstatement Limited (or any other joint venture or entity that is managing the reinstatement of the Cathedral)
application has the meaning given in clause 5
Citizens’ War Memorial means the heritage item identified as heritage item number 107 in the Christchurch District Plan
consent authority means the Christchurch City Council or the Canterbury Regional Council, or both, as the case may require
RMA means the Resource Management Act 1991
significant tree means one of the 3 London plane (Platanus x acerifolia) trees identified in the Christchurch District Plan by the tree identification numbers T54, T55, and T56.
(2)
Terms used without definition in this order that are defined—
(a)
in the RMA have the same meaning as in that Act; and
(b)
in the Christ Church Cathedral Reinstatement Act 2017 have the same meaning as in that Act.
Clause 4(1) NBEA: revoked, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Clause 4(1) RMA: inserted, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Clause 4(1) RMA: revoked, on 24 August 2023, by section 805(5) of the Natural and Built Environment Act 2023 (2023 No 46).
Clause 4(2)(a): replaced, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
5 Application
(1)
This order applies only to an application lodged by the applicant after this order comes into force with—
(a)
the Christchurch City Council; or
(b)
the Canterbury Regional Council.
(2)
The applications to which this order applies are applications made under—
(a)
section 88 of the RMA for resource consents to undertake reinstatement of the Cathedral (except an application to undertake demolition without restoration or reconstruction); or
(b)
section 127 of the RMA to change or cancel any conditions of a resource consent referred to in paragraph (a).
(3)
In subclause (2)(a), restoration and reconstruction have the meanings given in the Christchurch District Plan.
Clause 5(2)(a): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Clause 5(2)(b): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
6 Power to extend time limits
A consent authority must not extend a time period under section 37(1)(a) of the RMA in relation to an application unless the applicant agrees to the extension.
Clause 6: amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
7 Suitably qualified and experienced experts
(1)
For the purposes of this order, the following experts referred to in the order must be suitably qualified and experienced:
(a)
a professional engineer (engineer):
(b)
a heritage professional:
(c)
a conservation architect:
(d)
a technician arborist.
(2)
The experts must—
(a)
be independent from the reinstatement project; and
(b)
be engaged on a professional basis; and
(c)
provide reasons for their advice.
Classification of reinstatement activities under RMA
Heading: amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
8 Classification of reinstatement activities under RMA
(1)
Reinstatement activities for which an application is made are controlled activities for the purposes of section 87A(2) of the RMA.
(2)
The application must be accompanied by—
Citizens’ War Memorial
(a)
in relation to the Citizens’ War Memorial,—
(i)
a heritage management plan prepared by a heritage professional or conservation architect with an engineer, which identifies in advance potential damage from removal and strategies to repair it; and
(ii)
a certificate from an engineer certifying that removal is necessary in order to achieve the applicant’s proposed reinstatement of the Cathedral; and
Significant tree
(b)
in relation to a significant tree,—
(i)
a tree management plan prepared by a technician arborist; and
(ii)
a certificate from the technician arborist and an engineer certifying—
(A)
any damage or removal is necessary in order to achieve the applicant’s proposed reinstatement of the Cathedral; and
(B)
all reasonable workable options to retain or protect the significant tree have been considered.
(3)
The consent authority may impose conditions on the resource consent, but, for the purposes of section 87A(2)(b) of the RMA, that power is restricted to the matters over which control is reserved in clauses 9 to 14.
(4)
Section 87A(2)(c) of the RMA does not apply in relation to a consent granted in reliance on this order.
(4)
[Revoked]Clause 8(1): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Clause 8(3): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Clause 8(4): inserted, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Clause 8(4): revoked, on 24 August 2023, by section 805(5) of the Natural and Built Environment Act 2023 (2023 No 46).
Matters on which consent authority’s control is reserved
9 Reinstatement activities involving heritage upgrade works, deconstruction, reconstruction, and restoration
The consent authority’s control is reserved in relation to the following matters involving heritage upgrade works, deconstruction, reconstruction, and restoration:
(a)
the oversight of a heritage professional or conservation architect, and the implementation of heritage advice; and
(b)
the form and provision of information and interpretation material identifying the history and significance of the Cathedral; and
(c)
the materials and methodologies to be used to maintain heritage values (including integration with, and connection to, other parts of the Cathedral); and
(d)
the methodologies to be used to appropriately protect the Cathedral during heritage upgrade works, reconstruction, and restoration (for example, temporary protection plans); and
(e)
the documentation of change during the work and after completion (for example, by photographic recording); and
(f)
the methodology for any deconstruction (including the phasing of the works) and—
(i)
how any heritage fabric is to be retained:
(ii)
how any heritage fabric retained for reuse is to be stored.
10 Reinstatement activities involving alterations, new buildings, and signs
The consent authority’s control is reserved in relation to the following matters involving alterations, new buildings, and signs:
(a)
meeting the requirements of the Building Act 2004 and Building Code; and
(b)
the methods for mitigating impacts on views of, or from, the Cathedral; and
(c)
the relationship between elements and materials (such as the orientation), and between the heritage setting, a heritage item, and any relevant significant tree; and
(d)
management of any temporary or permanent adverse effects on heritage fabric, layout, form, or heritage value (and management of the scale of that effect), and any positive effect on heritage fabric, layout, form, or heritage value; and
(e)
any signage on heritage items or in heritage settings; and
(f)
the design, detailing, and location of any sign (including its supporting structure and methods of attachment to a heritage item) and the sign’s compatibility with the architectural form, features, fabric, and heritage values of the heritage item and heritage setting; and
(g)
the appropriateness of any moving or flashing sign and its potential detraction from the heritage values of a heritage item or heritage setting; and
(h)
the duration of temporary or permanent signs.
11 Reinstatement activities relating to urban design
The consent authority’s control is reserved in relation to the following matters of urban design:
(a)
the Cathedral functioning successfully as a spiritual facility and as a place for ministry (where relevant); and
(b)
recognition and reinforcement of the context of the site (having regard to the city centre’s identified urban form and cultural elements and the heritage setting); and
(c)
engagement with the surrounding space (including publicly accessible spaces) through—
(i)
interaction with activities within the Cathedral (where appropriate); and
(ii)
safety in building design; and
(iii)
visual interest; and
(d)
contribution to the attractiveness of the wider setting; and
(e)
high quality in architectural design, and in the display of architectural features, spaces, or materials that draw on the values and heritage of the site; and
(f)
design to minimise any effects of—
(i)
equipment on the exterior of the building; or
(ii)
the storage of materials; and
(g)
provision of a focal point and landmark for Christchurch that contributes to the city’s sense of identity; and
(h)
recognition of and contribution to the role of the Cathedral area as a gathering place and support for the interaction between the Cathedral and the Cathedral area (with regard to the form and exterior of the building) while retaining—
(i)
a visual connection along Worcester Boulevard to the Canterbury Museum (and reflecting the Canterbury Association’s plans for the Canterbury Settlement); and
(ii)
legibility of the design and form of the Cathedral area as a Maltese cross (and maintaining views through the Cathedral area on the north-south axis).
12 Reinstatement activities relating to construction
The consent authority’s control is reserved in relation to the following matters of construction:
(a)
the management of the effects from natural hazards (including seismicity) on the structural integrity of building work; and
(b)
the management of the effects of earthworks; and
(c)
the methods for managing earthworks that encounter contaminated land; and
(d)
the methodology to implement base isolation and management of the effects of dewatering; and
(e)
the management of the effects of the following:
(i)
construction work:
(ii)
stormwater:
(iii)
hazardous substances (including biohazards):
(iv)
artificial lighting:
(v)
dust:
(vi)
noise:
(vii)
vibration; and
(f)
the management of the effects of traffic on cyclists and pedestrians.
13 Reinstatement activities affecting Citizens’ War Memorial
The consent authority’s control is reserved in relation to the following matters affecting the Citizens’ War Memorial:
(a)
documenting and recording the removal of the Citizens’ War Memorial; and
(b)
the storage location and form (including the methods of protection of the Citizens’ War Memorial); and
(c)
the management and provision of public information about the Citizens’ War Memorial; and
(d)
including, in the heritage management plan referred to in clause 8(2)(a)(i),—
(i)
measures to protect the Citizen’s War Memorial and to prevent potential damage during removal or storage; and
(ii)
strategies to repair any damage that occurs during removal or storage; and
(iii)
a requirement for oversight of removal or storage by a heritage professional or conservation architect; and
(iv)
adoption of internationally accepted standards, practices, and procedures for the removal or storage of heritage items.
14 Reinstatement activities affecting significant trees
The consent authority’s control is reserved in relation to the following matters affecting a significant tree:
(a)
the management of the effects of any damage or removal of a significant tree on—
(i)
heritage, botanical, environmental, amenity, and cultural values; and
(ii)
landscape and visual amenities; and
(iii)
surrounding properties and infrastructure; and
(b)
including, in the tree management plan referred to in clause 8(2)(b)(i),—
(i)
measures to prevent risk to people and prevent or reduce risk to buildings, property, and infrastructure; and
(ii)
mitigation for the loss of a significant tree (including time frames for any replanting, site restoration, or landscaping); and
(iii)
adoption of internationally accepted arboricultural standards, practices, and procedures; and
(c)
the management of the effects of any tree removal construction works, stormwater, hazardous substances (including biohazards), lighting, dust, noise, and vibration; and
(d)
the monitoring of the effects of any removal of a significant tree (both during and after removal); and
(e)
in relation to pruning of a significant tree or any work within a significant tree’s drip lines,—
(i)
the provision of a tree maintenance and management plan (prepared by a technician arborist) to protect the tree’s health, structural integrity, amenity values, and visual appearance; and
(ii)
mitigation measures to protect other parts of the tree (or to protect another significant tree); and
(iii)
monitoring of the effects on the tree or on any other significant tree.
Determination of applications
15 Applications to be determined on non-notified basis
(1)
Applications must be determined in accordance with Part 6 of the RMA unless otherwise specified by this order.
(2)
Applications—
(a)
must not be publicly notified or given limited notification; but
(b)
must be notified to the specified persons listed in clause 17 and considered in accordance with that clause.
(3)
This clause and clauses 17 and 18 replace sections 95 to 103B of the RMA.
Clause 15(1): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Clause 15(3): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
16 Conditions: modification of RMA (as allowed by section 8 of Christ Church Cathedral Reinstatement Act 2017)
Clauses 8 to 14 modify sections 104, 104A, 105, 108, and 108AA of the RMA as follows:
(a)
section 104(3)(c) and (d) and (6) is disapplied:
(b)
section 104A(b) 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 105(1) is disapplied:
(d)
section 108 is disapplied:
(e)
section 108AA is disapplied.
Clause 16: replaced, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
17 Consent authority must notify certain persons and invite comments
(1)
As soon as practicable after an application is lodged, the consent authority must—
(a)
notify the persons specified in subclause (2) that an application has been lodged; and
(b)
invite written comments on the application from them; and
(c)
ensure that the application is publicly available on an Internet site maintained by or on behalf of the consent authority; and
(d)
specify in the invitation the date by which written comments are to be received by the consent authority (which must be no less than 15 working days from the date of the invitation).
(2)
The persons are—
(a)
Te Rūnanga o Ngāi Tahu and any relevant Papatipu Rūnanga identified by Te Rūnanga o Ngāi Tahu:
(b)
Heritage New Zealand Pouhere Taonga:
(c)
the Linwood-Central-Heathcote Community Board:
(d)
owners and occupiers of land adjacent to the Cathedral area:
(e)
any other person the consent authority considers appropriate.
(3)
An invitation is to be treated as a document to be served for the purposes of the RMA, and section 352 of the RMA applies accordingly.
(4)
A person invited to make written comments under this clause—
(a)
may not appeal under section 120 of the RMA against the consent authority’s decision on the application; and
(b)
may not object under Part 14 of the RMA against the consent authority’s decision on the application; and
(c)
is a person whom the consent authority must ensure is served with a notice of decision on an application.
(5)
Section 114 of the RMA is modified accordingly.
(6)
A person who makes written comments to a consent authority under this clause is not to be treated, under the RMA, as a submitter making a submission on the application.
Clause 17(3): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Clause 17(4)(a): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Clause 17(4)(b): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Clause 17(5): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
18 Summary of written comments
(1)
Before a consent authority makes a decision on an application, a summary of any written comments made under clause 17 must be prepared and considered by the consent authority.
(2)
The summary, together with the consent authority’s response to the issues raised in the written comments, must be included in the notification of the decision to the applicant and under clause 17(4)(c).
19 Time limit for notification of decision
(1)
Notice of a decision on an application must be given within 40 working days of the date on which an application was first lodged with the consent authority (and section 115 of the RMA does not apply).
(2)
The time limit specified in subclause (1) cannot be extended or deferred in any way (including under section 37, 88B, or 88E of the RMA) except—
(a)
if the applicant agrees to the extension or deferral; or
(b)
under section 88C.
Clause 19(1): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Clause 19(2): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Clause 19(2)(b): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
20 Period relating to written comments included in time limit
The period during which comments are sought under clause 17 (and then summarised and considered under clause 18) is included in the time limit in clause 19(1).
21 Enforcement proceedings
(1)
For the purposes of activities undertaken under a resource consent granted in reliance on this order, only the persons specified in subclause (2) may take enforcement proceedings (including declaratory proceedings) under Part 12 of the RMA, including in any case where it is alleged that the consent holder has breached section 16 or 17 of the RMA.
(2)
The persons are—
(a)
the Canterbury Regional Council:
(b)
the Christchurch City Council.
Clause 21(1): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Michael Webster,
Clerk of the Executive Council.
Issued under the authority of the Legislation Act 2019.
Date of notification in Gazette: 27 August 2020.
Notes
1 General
This is a consolidation of the Christ Church Cathedral Reinstatement Order 2020 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 6
Natural and Built Environment Act 2023 (2023 No 46): section 805(5)
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Christ Church Cathedral Reinstatement Order 2020
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