Planning Act 2026
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Planning Act 2026
Public Act |
2026 No 70 |
|
Date of assent |
30 September 2026 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Planning Act 2026.
2 Commencement
(1)
This Act comes into force on the day after Royal assent, with some exceptions.
(2)
The following provisions come into force 1 month after Royal assent:
(a)
section 343(2) (amendments to the Resource Management Act 1991 set out in Part 2 of Schedule 12):
(b)
section 343(3) (amendments to the Fast-track Approvals Act 2024 set out in Part 3 of Schedule 12).
(3)
The following provisions come into force on a date or dates set by Order in Council:
(a)
sections 20 to 24 and 26 to 33 (provisions relating to duties and restrictions):
(b)
section 38 (consequences of certain activity classifications):
(c)
section 99(1) but only for the purpose of giving effect to Part 3 of Schedule 3 (provisions relating to legal effect of rules in proposed plans):
(d)
sections 118, 119, 124, 125, and 126(3) (provisions relating to land use plans):
(e)
section 129(1) but only for the purpose of giving effect to clauses 4 to 6, 13, and 47 to 56 of Schedule 5 (provisions relating to designations):
(f)
subparts 2 to 6 of Part 4 (provisions relating to planning consents, including Schedule 6) and sections 207 to 210 (provisions relating to permitted activities and existing use certificates):
(g)
section 211(3) but only for the purpose of giving effect to clauses 5 to 78 of Schedule 7 (provisions relating to subdivision and reclamation):
(h)
sections 259 to 314 (provisions relating to enforcement, including Schedule 8):
(i)
sections 315 to 319 (provisions relating to emergency works):
(j)
section 343(5) (amendments to Acts specified in Part 5 of Schedule 12).
(4)
Sections 221 and 222 come into force on a date set by Order in Council (provisions relating to the statutory officer, including Schedule 11).
(5)
Section 343(4) comes into force on a date set by Order in Council (amendments to the Resource Management Act 1991 relating to the Planning Tribunal set out in Part 4 of Schedule 12).
(6)
Section 343(6) comes into force on a date set by Order in Council (amendments to Acts specified in Part 6 of Schedule 12).
(7)
Section 344 comes into force on a date set by Order in Council (repeal of the Resource Management Act 1991).
(8)
Any part of this Act that has not come into force 4 years after Royal assent comes into force then.
(9)
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 Preliminary provisions
3 Interpretation
In this Act, unless the context otherwise requires,—
abatement notice means a notice served under section 268
access strip means a strip of land created by the registration of an easement in accordance with clause 53 of Schedule 7 for the purpose of allowing public access to or along any river, lake, or coast, or to any esplanade reserve, esplanade strip, other reserve, or land owned by the local authority or by the Crown (but excluding all land held for a public work except land held, administered, or managed under the Conservation Act 1987 and the Acts named in Schedule 1 of that Act)
accommodated activity has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
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
allotment has the meaning given in clause 3 of Schedule 7
aquaculture activity—
(a)
means any activity described in section 22 carried out for the purpose of the breeding, hatching, cultivating, rearing, or ongrowing of 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)
are 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 settlement area has the meaning given in section 4 of the Maori Commercial Aquaculture Claims Settlement Act 2004
bed,—
(a)
in relation to a river,—
(i)
means the space of land that the waters of the river cover at its fullest flow without overtopping its banks; and
(ii)
in the case of a braided or wandering river, means a bed identified in accordance with methodologies set out in national standards, but, if no standards are set, has the meaning given in subparagraph (i):
(b)
in relation to a lake (other than a lake controlled by artificial means), means the space of land that the waters of the lake cover at its annual highest level without exceeding its margin:
(c)
in relation to a lake controlled by artificial means, means the space of land that the waters of the lake cover at its maximum permitted operating level:
(d)
in relation to the sea, means the submarine areas covered by the internal waters and the territorial sea
bespoke plan provision—
(a)
means a plan provision that is not a standardised plan provision or a designation; and
(b)
includes a plan provision authorised by national standards under section 62(2)(b)
best practicable option, in relation to an emission of noise, means the best method for preventing or minimising adverse effects on the built environment, having regard, among other things, to—
(a)
the nature of the emission and the sensitivity of the receiving environment to adverse effects; and
(b)
the financial implications, and the effects on the built 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
built environment means all or any of the following:
(a)
people and communities:
(b)
land and the identified values and characteristics of land:
(c)
structures:
(d)
infrastructure:
(e)
the surface of water
certificate of compliance means a certificate granted by a consent authority under section 208
change request means a request under clause 48 of Schedule 3 by a person (other than the local authority) for a change to a land use plan
chief executive means the chief executive of the department
coastal marine area means the foreshore, seabed, and coastal water, and the airspace above the water,—
(a)
the seaward boundary of which is the outer limits of the territorial sea; and
(b)
the landward boundary of which is the line of mean high-water springs, except that where the 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 mouth by 5
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 has the meaning given in clause 1 of Schedule 7
conditions, in relation to a land use plan or a planning consent, includes terms, standards, restrictions, and prohibitions
consent authority means a territorial authority or a regional council whose permission is required to carry out an activity for which a planning consent is required under this Act
consent notice has the meaning given in clause 1 of Schedule 7
construction does not include maintenance or repair
contaminant includes any substance (including gases, odorous compounds, liquids, solids, and micro-organisms), energy (excluding noise), or heat that by itself or in combination with the same, similar, or other substances, energy, or heat,—
(a)
when discharged into water or air, changes or is likely to change the physical, chemical, or biological condition of the water or air; or
(b)
when discharged onto or into land, changes or is likely to change the physical, chemical, or biological condition of the land
contaminated land means land that has a hazardous substance in or on it that—
(a)
has significant adverse effects on the built environment, including human health; or
(b)
is reasonably likely to have significant adverse effects on the built environment, including human health
core infrastructure operation and core infrastructure operator have the meanings given in clause 9 of Schedule 5
cross lease has the meaning given in clause 1 of Schedule 7
Crown organisation has the meaning given in section 4 of the Crown Organisations (Criminal Liability) Act 2002
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 hapū has the meaning given in section 9 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
customary marine title order has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
customary marine title permitted activity rule means—
(a)
a permitted activity rule that is—
(i)
included in a land use plan or a proposed land use plan; and
(ii)
identified in that plan or proposed plan as a customary marine title permitted activity rule in accordance with section 107; or
(b)
a permitted activity rule that is—
(i)
a national rule; and
(ii)
identified in a land use plan or a proposed land use plan as a customary marine title permitted activity rule in accordance with section 108
decommissioning, in relation to ORE generation infrastructure activities, has the meaning given in section 4 of the Offshore Renewable Energy Act 2026
designating authority has the meaning given in clause 8(1) of Schedule 5
designation has the meaning given in clause 3 of Schedule 5
directive means a directive in a national policy direction (see section 55)
discharge includes emit, deposit, and allow to escape
discretionary activity means an activity classified as a discretionary activity (see section 38(3))
district, in relation to a territorial authority,—
(a)
means the district of the territorial authority as defined in accordance with the Local Government Act 2002 but, except as provided in paragraph (b), does not include any area in the coastal marine area:
(b)
includes, for the purposes of section 135, any area in the coastal marine area
dwelling house—
(a)
means a 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
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 that arises 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 but that has a high potential impact
enforceable undertaking means an undertaking accepted by a local authority or the EPA under clause 24 of Schedule 8
enforcement officer, in relation to any provision of this Act, means a person appointed by a local authority, consent authority, or the EPA to exercise the functions, powers, or duties of an enforcement officer under that provision
enforcement order means an order described in section 259(1)
Environment Court means the Environment Court referred to in clause 3 of Schedule 9
environmental limit has the meaning given in section 3 of the Natural Environment Act 2026
Environmental Protection Authority or EPA means the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011
esplanade reserve has the meaning given in clause 1 of Schedule 7
esplanade strip has the meaning given in clause 1 of Schedule 7
excessive noise has the meaning given in section 285
existing use certificate means a certificate issued under section 209
fishing has the meaning given in section 2(1) of the Fisheries Act 1996
geothermal energy has the meaning given in section 3 of the Natural Environment Act 2026
goals means the goals set out in section 13
hazardous substance includes, but is not limited to, any substance that is a hazardous substance within the meaning given in section 2(1) of the Hazardous Substances and New Organisms Act 1996
historic heritage—
(a)
means those natural and physical resources that contribute to an understanding and appreciation of New Zealand’s history and cultures, deriving from 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, water bodies, or sites in or on the coastal marine area; and
(iv)
surroundings associated with those natural and physical resources
identified Māori land means any of the following:
(a)
Maori customary land or Maori freehold land (as those terms are defined in section 4 of Te Ture Whenua Maori Act 1993):
(b)
land set apart as a Maori reservation under Part 17 of Te Ture Whenua Maori Act 1993:
(c)
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):
(d)
the maunga listed in section 10 of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014:
(e)
General land owned by Maori (as defined in section 4 of Te Ture Whenua Maori Act 1993) that—
(i)
was previously Maori freehold land (as defined in section 4 of that Act), but ceased to have that status in accordance with—
(A)
an order of the Māori Land Court made on or after 1 July 1993; or
(B)
Part 1 of the Maori Affairs Amendment Act 1967; and
(ii)
is owned by—
(A)
the persons who beneficially owned that land immediately before it ceased to be Maori freehold land; or
(B)
any successor of 1 or more of those persons if the successor is within the preferred class of alienees (as defined in section 4 of Te Ture Whenua Maori Act 1993):
(f)
land vested in the Māori Trustee (as defined in section 4 of Te Ture Whenua Maori Act 1993) that—
(i)
is constituted as a Maori reserve under the Maori Reserved Land Act 1955; and
(ii)
remains subject to that Act:
(g)
land owned by a Treaty settlement entity (as defined in section 4 of the Fast-track Approvals Act 2024), if the land was acquired—
(i)
as redress for the settlement of a claim within the meaning of section 6 of the Treaty of Waitangi Act 1975 (whether or not that claim was submitted to the Waitangi Tribunal); or
(ii)
by the exercise of rights under a Treaty settlement:
(h)
land vested or registered in the name of an ancestor of a Treaty settlement group, if that land was acquired as redress for the settlement of a claim within the meaning of section 6 of the Treaty of Waitangi Act 1975 (whether or not that claim was submitted to the Waitangi Tribunal):
(i)
other land held by or on behalf of an iwi or a hapū if the land was transferred from the Crown, a Crown body (as defined in section 11(2) of the Infrastructure Funding and Financing Act 2020), or a local authority with the intention of returning the land to the holders of mana whenua over that land
implementation plan means a plan prepared under section 84
independent hearings panel or panel,—
(a)
in relation to a draft regional spatial plan, means the panel appointed for that draft under clause 20 of Schedule 2; and
(b)
in relation to a proposed land use plan or private plan change, means the panel appointed for that proposed plan or plan change under clause 23 of Schedule 3
infrastructure—
(a)
means a physical structure, facility, or network that—
(i)
performs a public function; or
(ii)
is necessary to support any 1 or more of the following:
(A)
the functioning of the economy:
(B)
the functioning of communities:
(C)
the health and safety of people:
(D)
the protection of the environment; and
(b)
includes a natural feature that is modified in order to—
(i)
perform a public function; or
(ii)
support a matter described in any of paragraph (a)(ii)(A) to (D); and
(c)
includes a physical facility that is necessary to support the provision of a physical structure, facility, or network described in paragraph (a) or a natural feature described in paragraph (b)
infrastructure design solution—
(a)
means an infrastructure design solution made under section 139C of the Water Services Act 2021; and
(b)
in relation to any reference in this Act, unless the context otherwise requires, refers only to an infrastructure design solution that the relevant person has decided to rely on
initial national standard has the meaning given in clause 10 of Schedule 1
interim enforcement order means an order made under section 265
internal waters has the meaning given in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977
iwi authority means the authority that represents an iwi and that is recognised by that iwi as having authority to do so
iwi participation agreement means an agreement entered in accordance with sections 232 to 234
iwi participation legislation—
(a)
means legislation that provides a role for iwi or hapū in processes under this Act, the Resource Management Act 1991, or the Natural Environment Act 2026, including—
(i)
a Treaty settlement Act; and
(b)
does not include this Act, the Natural Environment Act 2026, or secondary legislation made under either Act
key instrument means—
(a)
a national policy direction:
(b)
a national standard:
(c)
a regional spatial plan:
(d)
a land use plan
lake means a body of fresh water that is entirely, or nearly, surrounded by land
land includes—
(a)
land covered by water; and
(b)
the airspace above the land; and
(c)
the surface of water in a lake or river
land use consent has the meaning given in section 130(a)
land use plan or plan—
(a)
means a land use plan prepared by a local authority in accordance with Schedule 3 that is operative; and
(b)
includes any provision of a land use plan that is operative, even if other provisions of a relevant proposed plan or private plan change are not yet operative
legal effect, in relation to a rule in a proposed land use plan, means legal effect in accordance with clause 57 of Schedule 3
local authority—
(a)
means a regional council or territorial authority; and
(b)
includes a unitary authority
mana whenua means customary authority exercised by an iwi or a hapū in an identified area
Maritime New Zealand means the authority continued by section 429 of the Maritime Transport Act 1994
mineral has the meaning given in section 2(1) of the Crown Minerals Act 1991
mining has the meaning given in section 2(1) of the Crown Minerals Act 1991
mouth, for the purposes of defining the landward boundary of the coastal marine area, has the meaning given in section 3 of the Natural Environment Act 2026
national instrument means a national policy direction or a national standard
national policy direction means an instrument made under section 69 for the purposes of section 54
national rule means a rule in a national standard that does not require inclusion in a land use plan to take effect
national standard means an instrument made under section 69 for the purposes of section 57
natural and physical resources includes land, water, air, soil, minerals, energy, all forms of plants and animals (whether native to New Zealand or introduced), and all structures
natural hazard—
(a)
means any atmospheric, earth, or water-related occurrence (including earthquake, tsunami, erosion, volcanic and geothermal activity, landslip, subsidence, sedimentation, wind, drought, fire, or flooding) that 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
natural resource permit means a natural resource permit under the Natural Environment Act 2026
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
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
noise includes vibration
occupier means—
(a)
the inhabitant occupier of any property; and
(b)
for the purposes of section 31, in relation to any land (including any premises and any coastal marine area), includes any agent, employee, or other person acting or apparently acting in the general management or control of the land, or any plant or machinery on that land
operative, in relation to a land use plan or a provision in a land use plan, means that the plan or provision—
(a)
has become operative in accordance with clause 44 of Schedule 3 or is treated as operative in accordance with clause 60 of that schedule; and
(b)
has not ceased to be operative
ORE generation infrastructure activities has the meaning given in section 4 of the Offshore Renewable Energy Act 2026
owner,—
(a)
in relation to any land, means the person who is entitled to the rent of the land, or who would be entitled to the rent if the land were let to a tenant, and includes—
(i)
the owner of the fee simple of the land; and
(ii)
any person who has agreed in writing, whether conditionally or unconditionally, to purchase the land or any leasehold estate or interest in the land, or to take a lease of the land, while the agreement remains in force; and
(b)
in relation to any ship or offshore installation or oil transfer site, has the meaning given in section 222(2) of the Maritime Transport Act 1994
pecuniary penalty means a penalty imposed under clause 31 of Schedule 8
permitted activity means an activity classified as a permitted activity (see section 38(1))
permitted activity rule means a rule that specifies requirements for carrying out a permitted activity (see section 36(1)(b))
person includes the Crown, a corporation sole, and a body of persons, whether corporate or unincorporate
plan change means either of the following instruments, if the instrument has been notified for submissions but has not become operative:
(a)
a change to a land use plan proposed by a local authority:
(b)
a change request to a land use plan adopted by a local authority under clause 51(1)(a) of Schedule 3
planning consent has the meaning given in section 130
Planning Tribunal means the tribunal established by clause 2 of Schedule 10
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
prescribed form means a form prescribed by regulations made under this Act and containing and having attached such information and documents as those regulations may require
private plan change means a change request that a local authority has decided (under clause 51(1)(b) of Schedule 3) to process as a private plan change, if it has been notified for submissions but has not become operative
prohibited activity means an activity classified as a prohibited activity (see section 39)
proposed designation has the meaning given in clause 1 of Schedule 5
proposed land use plan or proposed plan—
(a)
means any of the following instruments, if the instrument has been notified for submissions but has not become operative:
(i)
a land use plan proposed by a local authority:
(ii)
a change to an operative land use plan proposed by a local authority:
(iii)
a change request adopted by a local authority under clause 51(1)(a) of Schedule 3; and
(b)
includes a variation to an instrument described in paragraph (a), if that variation has been notified for submissions until the point that it is incorporated into the instrument under clause 41(3) of Schedule 3; but
(c)
excludes a private plan change
protected customary activity has the meaning given in section 9 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
protected customary activity hapū has the meaning given in section 9 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
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
qualifying person,—
(a)
in relation to a district, means any of the following:
(i)
a person that is a ratepayer (within the meaning of section 10 of the Local Government (Rating) Act 2002) of the district:
(ii)
a person that provides infrastructure within the district:
(iii)
a natural person whose main place of residence is within the district:
(iv)
a person, other than a natural person, that has an office, or operates, in the district; and
(b)
in relation to a region, means any of the following:
(i)
a person that is a ratepayer (within the meaning of section 10 of the Local Government (Rating) Act 2002) of the region:
(ii)
a person that provides infrastructure within the region:
(iii)
a natural person whose main place of residence is within the region:
(iv)
a person, other than a natural person, that has an office, or operates, in the region
recommending authority, in relation to a proposed designation, has the meaning given in clause 1 of Schedule 5
region, in relation to a regional council, means the region of the regional council as determined in accordance with the Local Government Act 2002
regional council—
(a)
has the meaning given in section 5(1) of the Local Government Act 2002; and
(b)
includes a unitary authority within the meaning of that Act
regional spatial plan means a regional spatial plan prepared and adopted under Schedule 2
regulations means regulations made under this Act
renewable energy activity—
(a)
means the establishment, operation, maintenance, or upgrade of an activity that produces energy from solar, wind, hydro, geothermal, biomass, tidal, wave, and ocean current sources; and
(b)
includes a supporting and subsidiary activity in relation to an activity described in paragraph (a)
restricted discretionary activity means an activity classified as a restricted discretionary activity (see section 38(2))
road—
(a)
has the meaning given in section 315(1) of the Local Government Act 1974; and
(b)
includes a motorway as defined in section 2(1) of the Government Roading Powers Act 1989
rule has the meaning given in section 36
rule that controls fishing, in relation to a national rule, a rule in a plan, or a rule in a proposed plan,—
(a)
means a rule in that instrument that directly controls fishing other than aquaculture, for example, a rule that controls—
(i)
the use of fishing gear or particular fishing methods; or
(ii)
the taking of fish, aquatic life, or seaweed; or
(iii)
areas where fishing may occur; but
(b)
does not include a rule that affects fishing indirectly, for example,—
(i)
a rule that restricts the release of noise, odours, or harmful substances; or
(ii)
a rule that relates to anchoring, navigation, or vessels
space, in relation to the coastal marine area, means any part of the foreshore, seabed, and coastal water, and the airspace above the water
spatial plan committee means a committee whose terms of reference—
(a)
are provided by 1 or more local authorities; and
(b)
include performing or exercising the functions, powers, and duties of a spatial plan committee under this Act
specified energy activity means—
(a)
the establishment, operation, maintenance, or upgrade of—
(i)
an activity that produces energy from solar, wind, hydro, geothermal, or biomass sources:
(ii)
any part of the electricity network:
(iii)
the storage or discharge of electricity:
(iv)
thermal electricity generation facilities; and
(b)
a supporting and subsidiary activity in relation to an activity described in paragraph (a)
specified natural hazard rule has the meaning given in section 25
specified topic means any of the following topics:
(a)
significant historic heritage to the extent it relates to an identified area:
(b)
outstanding natural landscapes or outstanding natural features:
(c)
a site of significance to Māori:
(d)
areas of high natural character in the coastal environment, wetlands, lakes, rivers, or their margins
standardised plan provision means a plan provision contained in national standards that the standards require or authorise to be included in a regional spatial plan or a land use plan (see section 62(2)(a))
statutory acknowledgement means an acknowledgement made by the Crown in respect of a statutory area on the terms set out in the legislation listed in Schedule 13
statutory area means the area subject to a statutory acknowledgement, as defined in the relevant legislation listed in Schedule 13
stormwater environmental performance standard means a standard made under section 139A of the Water Services Act 2021
structure means any building, equipment, device, or other facility made by people and fixed to land, and includes any raft
subdivide land and subdivision of land have the meanings given in clause 2 of Schedule 7
subdivision consent has the meaning given in section 130(b)
successor includes, in the case of a person that is a body that is not incorporated, the successor of the body of persons that is incorporated and composed of substantially the same members
survey plan has the meaning given in clause 4 of Schedule 7
tangata whenua, in relation to a particular area, means the iwi or hapū that holds mana whenua over the area
targeted notification, in relation to an application for a planning consent, means notification given in accordance with section 149(3) or (6)
tender means any form of tender (whether public or otherwise)
territorial authority has the meaning given in section 5(1) of the Local Government Act 2002
territorial sea means the territorial sea of New Zealand as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977
the Treaty of Waitangi/te Tiriti o Waitangi has the same meaning as the word Treaty as defined in section 2 of the Treaty of Waitangi Act 1975
Treaty settlement means—
(a)
a Treaty settlement; 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)
any other Act that provides redress for Treaty of Waitangi/te Tiriti o 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, including—
(iii)
(v)
the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 and secondary legislation that gives effect to section 10 of that Act and is made under Part 9 of the Fisheries Act 1996
Treaty settlement deed—
(a)
means a deed or other agreement that—
(i)
has been signed by or on behalf of a Minister of the Crown and representatives of a group of Māori; and
(ii)
is in settlement of the claims of that group or in express anticipation, or on account, of that settlement; and
(b)
to avoid doubt, includes a deed or other agreement of the kind described in paragraph (a) that relates to the claims of a collective or combination of Māori groups; but
(c)
does not include an agreement in principle or any document that is preliminary to a signed and ratified deed
unitary authority has the meaning given in section 5(1) of the Local Government Act 2002
unit plan has the meaning given in section 5(1) of the Unit Titles Act 2010
use,—
(a)
in sections 21, 26, 27, 28, 29, 30, 48, and 126(3) and clause 4(1)(b) of Schedule 5, means—
(i)
to alter, demolish, erect, extend, place, reconstruct, remove, or use a structure or part of a structure in, on, under, or over land:
(ii)
to drill, excavate, tunnel, or disturb land in a similar way:
(iii)
to damage, destroy, or disturb the habitats of plants or animals in, on, or under land:
(iv)
to deposit a substance in, on, or under land:
(v)
any other use of land; and
(b)
in sections 21, 27, 30, 48, and 126(3) and clause 4(1)(b) of Schedule 5, also means to enter onto or pass across the surface of water in a lake or river
variation means an amendment to a proposed land use plan by a local authority under clause 41 of Schedule 3
wāhi tapu has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014
wastewater environmental performance standard means a standard made under section 138 of the Water Services Act 2021
water services standard means any of the following:
(a)
an infrastructure design solution:
(b)
a stormwater environmental performance standard:
(c)
a wastewater environmental performance standard
wood-processing activity means the establishment, operation, or maintenance of a facility that—
(a)
specialises in the production of long-lived wood products, products derived from wood fibre, or wood-derived bioenergy, for example, the production of—
(i)
sawn timber:
(ii)
panel products (for example, veneer, plywood, laminated veneer, lumber, particle board, or fibreboard):
(iii)
pulp, paper, and paperboard:
(iv)
wood chips:
(v)
bioproducts, chemicals, and materials; or
(b)
provides for the storage of logs, processed wood products, or hazardous materials used in or produced by the operation of the facility
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 a 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.
4 Purpose
The purpose of this Act is to provide for the enjoyment of land by establishing a framework for planning and regulating the use and development of land.
5 Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.
6 Act binds the Crown
(1)
This Act binds the Crown except as provided in this section and section 311.
(2)
This Act does not apply to any work or activity of the Crown that—
(a)
is a use of land within the meaning given in section 21; and
(b)
the Minister of Defence certifies is necessary for reasons of national security.
(3)
Section 21(1) does not apply to any work or activity of the Crown within the boundaries of any area of land held or managed under the Conservation Act 1987 or any other Act specified in Schedule 1 of that Act (other than land held for administrative purposes) that—
(a)
is consistent with a conservation management strategy, conservation management plan, or management plan established under the Conservation Act 1987 or any other Act specified in Schedule 1 of that Act; and
(b)
does not have a significant adverse effect beyond the boundary of the area of land.
(4)
Section 21 does not apply to the detention of prisoners in a court cell block that is declared by notice in the Gazette to be a part of a corrections prison.
7 Application of this Act to ships and aircraft of foreign States
(1)
This Act does not apply to any of the following:
(a)
warships of any State other than New Zealand:
(b)
aircraft of the defence forces of any State other than New Zealand:
(c)
any ship owned or operated by any State other than New Zealand, if the ship is being used by that State for wholly governmental (but not commercial) purposes:
(d)
the master or crew of any warship, aircraft, or ship referred to in paragraphs (a) to (c).
(2)
However, subsection (1) does not apply if regulations expressly provide otherwise.
Compare: 1991 No 69 s 4A
8 Treaty of Waitangi/Tiriti o Waitangi
To recognise the Crown’s responsibilities in relation to the Treaty of Waitangi/te Tiriti o Waitangi,—
Māori interests goal
(a)
section 13 provides for Māori interests through—
(i)
Māori participation in the development of national instruments, regional spatial plans, and land use plans; and
(ii)
the identification and protection of sites of significance to Māori (including wāhi tapu, water bodies, or sites in or on the coastal marine area); and
(iii)
enabling the development and protection of identified Māori land:
Process for making national instrument
(b)
section 65 requires the Minister to seek comment from iwi authorities on a draft or summary of a proposed national instrument before deciding to publicly notify a proposed national instrument:
Regional spatial plans
(c)
in relation to regional spatial plans,—
(i)
clause 2 of Schedule 2 requires the local authorities and spatial plan committee of a region to prepare and change their regional spatial plan in accordance with any applicable iwi participation legislation and any agreement under that legislation:
(ii)
clause 6(1)(j) and (l) of Schedule 2 requires a spatial plan committee to have regard to any statutory acknowledgement and any relevant planning document lodged by an iwi authority when preparing a draft regional spatial plan:
(iii)
clauses 8(1) and 11 of Schedule 2 require a spatial plan committee to do the following before a draft regional spatial plan is notified for submissions:
(A)
consult tangata whenua (through iwi authorities), ngā hapū o Ngāti Porou, and relevant customary marine title groups and customary marine title hapū:
(B)
provide those groups with a draft:
(C)
have regard to any advice that they provide:
(iv)
clause 10 of Schedule 2 imposes duties relating to identified Māori land on a spatial plan committee, the local authorities of a region, and the Minister:
(v)
clauses 25(4)(a)(i) and 27(4)(a)(i) of Schedule 2 extend the obligations referred to in subparagraph (ii) to the local authorities of a region and the Minister when making decisions on independent hearings panel recommendations on a draft regional spatial plan:
Land use plans
(d)
in relation to land use plans,—
(i)
section 103(4)(b) requires local authorities to have regard to any statutory acknowledgement, and any relevant planning document recognised by an iwi authority, when preparing and deciding a land use plan; and
(ii)
clause 3 of Schedule 3 requires local authorities to prepare and change their land use plans in accordance with any applicable iwi participation legislation and any agreement under that legislation; and
(iii)
clauses 5(1) and 14 of Schedule 3 require local authorities to do the following before notifying a proposed land use plan for submissions:
(A)
consult tangata whenua (through iwi authorities) and relevant customary marine title groups and customary marine title hapū:
(B)
provide those groups with a draft of the proposed plan:
(C)
have regard to any advice that they provide:
Designations
(e)
clause 2 of Schedule 5 imposes duties on a person exercising a power or performing a function or duty relating to a designation or proposed designation that may affect identified Māori land:
Emergency response regulations
(f)
section 321(2)(f) requires the Minister to consult relevant iwi authorities, post-settlement governance entities, ngā hapū o Ngāti Porou, customary marine title groups, protected customary rights groups, and applicant groups (as defined in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011) before recommending the making of emergency response regulations under section 320.
9 Crown to seek to enter agreements to uphold Treaty settlement redress or arrangement
(1)
To assist in the transition from the Resource Management Act 1991 to this Act and the Natural Environment Act 2026, the Crown will work with any post-settlement governance entity and ngā hapū o Ngāti Porou, if they wish to do so, to seek agreement on how their Treaty settlement redress or arrangement will operate with the same or equivalent effect, to the greatest extent possible under this Act and the Natural Environment Act 2026, to the effect that the redress or arrangement had under the Resource Management Act 1991.
(2)
The Crown must, when working with an entity or ngā hapū o Ngāti Porou under subsection (1),—
(a)
discuss, for the purpose of reaching agreement with the entity or ngā hapū o Ngāti Porou, how the Treaty settlement redress or arrangement could operate with the same or equivalent effect, to the greatest extent possible under this Act and the Natural Environment Act 2026, to the effect that the redress or arrangement had under the Resource Management Act 1991; and
(b)
following those discussions, and where agreement is reached, enter into the agreement with the entity or ngā hapū o Ngāti Porou to record that agreement reached (which may include entering into a deed to amend the relevant Treaty settlement deed).
(3)
Subsections (1) and (2) are repealed on and from the second anniversary of the commencement of this Act under section 2(1).
(4)
However, the repeal of subsections (1) and (2) does not, after the date referred to in subsection (3), prevent the Crown from—
(a)
continuing discussions with any post-settlement governance entity, or ngā hapū o Ngāti Porou, for the purpose of reaching an agreement as to how their Treaty settlement redress or arrangement could operate with the same or equivalent effect, to the greatest extent possible under this Act and the Natural Environment Act 2026, to the effect that the redress or arrangement had under the Resource Management Act 1991; or
(b)
entering into an agreement with the entity or ngā hapū o Ngāti Porou; or
(c)
progressing any legislation necessary to give effect to that agreement.
10 Treaty settlement redress or arrangement to be given same or equivalent effect
(1)
Subsection (2) applies to any particular Treaty settlement redress or arrangement until an agreement is reached between the Crown and a post-settlement governance entity, or the Crown and ngā hapū o Ngāti Porou, as to how their Treaty settlement redress or arrangement will operate with the same or equivalent effect, to the greatest extent possible under this Act and the Natural Environment Act 2026, to the effect that the redress or arrangement had under the Resource Management Act 1991.
(2)
In relation to any particular Treaty settlement redress or arrangement, all persons exercising or performing functions, powers, and duties under this Act must, to the greatest extent possible under this Act, give an effect that is the same as, or equivalent to, the effect that the redress or arrangement had under the Resource Management Act 1991.
(3)
A person must comply with subsection (2) in accordance with any relevant requirements specified in national standards made under section 60(9) or regulations made under section 323(1)(i).
(4)
This section does not apply in relation to statutory acknowledgements.
(5)
For the purposes of this section and section 9,—
Resource Management Act 1991 means that Act as it was immediately before this Act received Royal assent
Treaty settlement redress or arrangement—
(a)
means any of the following as they specifically relate to the Resource Management Act 1991:
(i)
redress in a Treaty settlement Act:
(ii)
redress in a signed deed of settlement:
(iii)
the arrangements under the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019; but
(b)
does not include any redress or arrangement under the—
11 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 Waikato River or the Waipā River (see the Acts referred to in subsection (5)).
(2)
Te Ture Whaimana—
(a)
in its entirety is deemed to be part of any regional spatial plan or land use plan that affects the Waikato River or the Waipā River or activities within their catchments affecting the Waikato River or the Waipā River, without the use of the processes in Schedules 2 and 3; and
(b)
prevails over any inconsistent provision in a national instrument, regulation, regional spatial plan, natural environment plan, land use plan, water services standard, or water conservation order.
(3)
If subsection (2)(a) applies,—
(a)
a spatial plan committee or territorial authority must not review or amend Te Ture Whaimana under section 120 or Schedule 2; and
(b)
the other provisions of the regional spatial plan or land use plan must give effect to Te Ture Whaimana; and
(c)
on and from the date that a regional spatial plan or a land use plan becomes operative, a spatial plan committee or territorial authority must ensure that the plan is not inconsistent with Te Ture Whaimana for any longer than is necessary to amend the plan to make it consistent with Te Ture Whaimana and that Te Ture Whaimana prevails over the regional spatial plan or land use plan during any period of inconsistency; and
(d)
a spatial plan committee must not amend a regional spatial plan or a draft regional spatial plan and a territorial authority must not amend a land use plan or a proposed land use plan if the amendment would make the document inconsistent with Te Ture Whaimana; and
(e)
if a provision included in a regional spatial plan or a land use plan for the purpose of giving effect to Te Ture Whaimana is more stringent than a provision in or directed by a national instrument, water services standard, or water conservation order, the included provision prevails.
(4)
A person performing or exercising functions, powers, or duties under this Act must have particular regard to Te Ture Whaimana if those functions, powers, or duties—
(a)
relate to—
(i)
the Waikato River or the Waipā River; or
(ii)
activities in their catchments that affect the Waikato River or the Waipā River; and
(b)
are not referred to in subsection (3).
(5)
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.
(6)
This section is not an exhaustive description of the obligations relating to Te Ture Whaimana and does not derogate from the obligations in sections 9 and 10 in relation to Treaty settlement redress and arrangements that relate to the Waikato and Waipā Rivers and activities in their catchments that affect the Waikato River or the Waipā River.
12 Rules that control fishing
(1)
No instrument made under this Act may include a rule that controls fishing within the coastal marine area.
(2)
If an instrument made under this Act includes a rule that controls fishing outside of the coastal marine area, the rule does not apply to customary non-commercial fishing provided for in—
(a)
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; or
(b)
regulations made under an Act that requires regulations to be made or to be treated as made under the Fisheries Act 1996 for the purpose of giving effect to section 10 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992; or
(d)
regulations made under an Act for the purpose of giving effect to a Treaty settlement between the Crown and tangata whenua in respect of their customary non-commercial fishing rights.
(3)
In this section, instrument made under this Act includes, without limitation, a regulation, national instrument, regional spatial plan or draft regional spatial plan, land use plan or proposed land use plan, designation, or planning consent.
Part 2 Foundations
Subpart 1—Core provisions for decision-making
13 Goals
(1)
The key instruments of this Act must seek to achieve the following goals:
(a)
to ensure that land use does not unreasonably affect others, including by separating incompatible land uses:
(b)
to support and enable economic growth and change by enabling the use and development of land:
(c)
to create well-functioning urban and rural areas:
(d)
to enable competitive urban land markets by making land available to create abundant development opportunities for residential and business use:
(e)
to enable infrastructure to be provided to meet and respond to current and future demand:
(f)
to maintain public access to and along the coastal marine area, lakes, and rivers:
(g)
to protect from inappropriate development the identified values and characteristics of—
(i)
areas of high natural character within the coastal environment, wetlands, and lakes and rivers and their margins:
(ii)
outstanding natural features and landscapes:
(iii)
significant historic heritage:
(h)
to safeguard against natural hazard risks that arise from or affect the use or development of land:
(i)
to provide for Māori interests through—
(i)
Māori participation in the development of national instruments, regional spatial plans, and land use plans; and
(ii)
the identification and protection of sites of significance to Māori (including wāhi tapu, water bodies, or sites in or on the coastal marine area); and
(iii)
enabling the development and protection of identified Māori land.
(2)
Subsection (1) does not require a key instrument to seek to achieve all goals in all places at all times.
(3)
The order in which the goals appear in subsection (1) does not assign their order of importance.
(4)
In subsection (1)(g), identified means identified in a national instrument, regional spatial plan, land use plan, or proposed land use plan.
14 Relationship between key instruments in decision-making
(1)
The hierarchy of the key instruments of this Act is as follows, listed from top to bottom:
(a)
national policy direction:
(b)
national standards:
(c)
regional spatial plans:
(d)
land use plans.
(2)
Each key instrument (other than the national policy direction)—
(a)
must implement the instrument listed directly above it; and
(b)
must implement an instrument higher up the list if required by that instrument.
(3)
A person exercising or performing a function, power, or duty under this Act in relation to a matter—
(a)
must consider the relevant provisions of the key instrument that directly affects the matter (for example, a spatial plan in the case of a land use plan); and
(b)
must consider any relevant provisions of a higher order instrument if, and only to the extent that, the matter is not addressed by the instrument listed beneath it; and
(c)
must not consider a goal directly unless and to the extent that they are satisfied that—
(i)
the subject matter of the goal is not addressed in a higher order instrument; or
(ii)
there is significant uncertainty within a higher order instrument in relation to the goal; or
(iii)
there is irreconcilable conflict between higher order instruments in relation to the goal.
(4)
Subsection (3) does not apply to the making of national policy direction.
(5)
In this section, a higher order instrument means any key instrument that is listed above the instrument that directly affects the matter.
15 Planning consents
(1)
A person exercising or performing a function, power, or duty under this Act who is deciding a matter relating to a planning consent must comply with section 14(3)(a) in accordance with this section.
(2)
For the purposes of section 14(3)(a), the person must first consider the provisions of the following key instruments to the extent that the provisions directly affect the matter:
(a)
the land use plan and any proposed land use plan; and
(b)
national standards (including national rules).
(3)
This section applies despite section 14(3)(b).
16 Procedural principles
(1)
A person exercising or performing a function, power, or duty under this Act must take all practicable steps to act in accordance with the following principles:
(a)
ensure all documents are succinct and use plain language that can be readily understood by the public:
(b)
use timely, efficient, consistent, and cost-effective processes:
(c)
act proportionately to the scale and significance of the matter to which the function, duty, or power relates:
(d)
ensure they have sufficient and necessary information to understand the implications of their decision (if any), after considering—
(i)
the cost and feasibility of obtaining the information; and
(ii)
the scale and significance of the matter to which the decision relates:
(e)
act in a pragmatic way that supports practical solutions:
(f)
ensure that any condition they specify in a relevant instrument is no more onerous than necessary to address the reason for which it is specified:
(g)
use appropriate technology, including digital tools and systems:
(h)
avoid unnecessary repetition in key instruments.
(2)
A failure by a person exercising or performing a function, power, or duty to take all reasonable steps to act in accordance with the principles in subsection (1)(a), (g), or (h) does not invalidate the exercise or performance of that function, power, or duty.
(3)
Subsection (1)(f) applies to individual conditions and does not apply to conditions taken collectively.
(4)
Subsection (1) does not apply to a court or person exercising a judicial power or performing a judicial function or duty.
(5)
In subsection (1)(f), relevant instrument means a national rule, rule in a land use plan, rule in a proposed land use plan, designation, or a planning consent.
17 Effects outside scope of this Act
(1)
A person exercising or performing a function, power, or duty under this Act who is considering the effects of an activity must disregard—
(a)
both—
(i)
the internal layout of a building:
(ii)
the external layout of any building on a site if the effects of the layout remain within the boundaries of the site:
(b)
negative effects of development on trade competition, including on competing providers of input goods and services:
(c)
retail distribution effects:
(d)
the following in relation to a project:
(i)
any lack of demand for the project; or
(ii)
the project is not financially viable:
(e)
the character, appearance, and aesthetic qualities of a use, development, or building:
(f)
the type of residents to be housed in a new development:
(g)
views from private property:
(h)
the effect on landscape if the landscape is—
(i)
not outstanding; or
(ii)
not an area of high natural character:
(i)
the effect of setting a precedent:
(j)
any matter where the land use effects of an activity are dealt with under other legislation unless the matter relates to natural hazards or contaminated land.
(2)
If an activity is located more than 3 nautical miles from the landward boundary of the coastal marine area, the person must also disregard the effects of the activity on any—
(a)
outstanding natural landscape or feature:
(b)
area of high natural character.
(3)
This section does not restrict the consideration or management of—
(a)
areas of high natural character within wetlands, lakes, rivers, and their margins:
(b)
areas of high natural character in the coastal environment that is within 3 nautical miles from the landward boundary of the coastal marine area:
(c)
outstanding natural landscapes and features in the coastal environment that is within 3 nautical miles from the landward boundary of the coastal marine area:
(d)
significant historic heritage:
(e)
sites of significance to Māori:
(f)
the effects of natural hazards.
(4)
Subsection (1)(f) does not restrict consideration of the type of housing or development.
(5)
In this section, input goods and services means a raw material (including land) or service that is required to make a finished product.
18 Considering adverse effects of activities
(1)
A person exercising or performing a function, power, or duty under this Act who is considering the effects of an activity—
(a)
must consider how—
(i)
adverse effects are to be avoided, mitigated, or remedied, where practicable; or
(ii)
adverse effects are to be offset or compensated for, where appropriate; and
(b)
must not consider a less than minor adverse effect except where their cumulative effect results in a minor or more than minor adverse effect.
(2)
The order in which an approach to managing effects appears in this section does not assign an order of importance to how effects are managed.
(3)
In this section, a less than minor adverse effect means an adverse effect that is objectively acceptable and reasonable in the receiving environment with any change being slight or barely noticeable in the receiving environment.
19 Considering climate change effects
A person exercising or performing a function, power, or duty under this Act who is considering the effects of an activity—
(a)
must not, despite section 18, consider any adverse effect on climate change of any greenhouse gas emissions that will or may result from or be increased by the activity, whether directly or indirectly; and
(b)
may consider any positive effects of the activity that are associated with avoiding, reducing, removing, or displacing greenhouse gas emissions.
Subpart 2—Duties and restrictions
Restrictions on land use and subdivision
20 Overview of references to rules
In this subpart, a reference to—
(a)
a national rule means a national rule that has commenced (see section 26 of the Legislation Act 2019, which provides that secondary legislation comes into force on the date stated or provided for in the legislation):
(b)
a rule in a land use plan means a rule in a land use plan that is operative (see the definitions of land use plan and operative in section 3):
21 Restrictions on land use
(1)
A person must not use land in a manner that contravenes a national rule, a rule in a land use plan, or a rule in a proposed land use plan that has legal effect unless—
(a)
the use is expressly allowed by a planning consent; or
(b)
the use is expressly allowed by a water services standard; or
(c)
the use is allowed by section 26, 28, 29, or 30; or
(d)
the use is allowed by clause 4(1)(a) or (b) of Schedule 5 (which relates to uses authorised by a designation).
(2)
A person must not use land in a manner that contravenes clause 4(1)(c) or 5 of Schedule 5 (which relate to activities that would prevent or hinder a designation or proposed designation).
(3)
This section applies to overflying by aircraft only to the extent that a national rule or a rule in a land use plan prescribes noise emission controls for airports.
Compare: 1991 No 69 s 9(1), (3)–(5)
22 Restrictions on activities in coastal marine area
(1)
A person must not carry out an activity in, on, under, or over any coastal marine area in a manner that contravenes a national rule, a rule in a land use plan, a rule in a proposed land use plan that has legal effect, or a water services standard unless—
(a)
the activity is expressly allowed by a planning consent; or
(b)
the activity is allowed by section 30.
(2)
This section does not apply to use of land in the coastal marine area (see section 21).
(3)
This section applies to overflying by aircraft only to the extent that—
(a)
a national rule or a rule in a land use plan prescribes noise emission controls for airports; and
(b)
those controls apply in the coastal marine area.
(4)
This section does not prohibit a regional council from removing structures from the common marine and coastal area in accordance with section 19(3) to (3C) of the Marine and Coastal Area (Takutai Moana) Act 2011 unless those structures are permitted by a planning consent.
Compare: 1991 No 69 s 12(3), (5), (7)
23 Restrictions on subdivision
(1)
A person may subdivide land only if—
(a)
the subdivision is shown on an authorised survey plan; and
(b)
either—
(i)
the subdivision does not contravene a national rule, a rule in a land use plan, or a rule in a proposed land use plan that has legal effect; or
(ii)
the subdivision is expressly allowed by a planning consent.
(2)
In this section, an authorised survey plan means any of the following:
(a)
a survey plan of a subdivision prepared in a form suitable to deposit under the Land Transfer Act 2017 and deposited by the Registrar-General under clause 21 of Schedule 7:
(b)
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 Surveyor-General in accordance with clause 21 of Schedule 7:
(c)
a survey plan that includes a unit plan and a survey data set giving effect to the grant of a cross lease or company lease.
(3)
This section does not apply to Māori land unless Te Ture Whenua Maori Act 1993 provides otherwise.
24 Subdivision authorised by certain other Acts not restricted
Section 23 does not apply to a subdivision that is given effect to by—
(a)
the acquisition, taking, transfer, or disposal of part of an allotment under the Public Works Act 1981 (except that each existing separate parcel of land disposed of under that Act must be disposed of without further division, unless otherwise provided for by that Act); or
(b)
the establishment of, a change to, or a cancellation of a Maori reservation under section 338 of Te Ture Whenua Maori Act 1993; or
(c)
a transfer under section 23 or a resumption under section 27D of the State-Owned Enterprises Act 1986; or
(d)
a vesting, transfer, or gift of land—
(i)
in or to the Crown or any local authority or administering body (as defined in section 2(1) of the Reserves Act 1977) 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); or
(e)
an exemption under section 25A of the New Zealand Railways Corporation Restructuring Act 1990; or
(f)
a transfer or gift of 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; or
(g)
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); or
(h)
an exemption for boundary adjustments under section 10 of the Canterbury Property Boundaries and Related Matters Act 2016.
Existing uses
25 Meaning of specified natural hazard rule
In this Act, specified natural hazard rule means a rule (being a national rule, a rule in a land use plan, or a rule in a proposed land use plan that has legal effect) that—
(a)
is made for the purpose of managing the risk of natural hazards (including for the purpose of avoiding or mitigating any adverse effect of a natural hazard); and
(b)
is identified as a specified natural hazard rule in the national standards, land use plan, or proposed land use plan that contains the rule.
26 Certain existing land uses allowed
(1)
A person may, without a planning consent, use land in a manner that contravenes a national rule, a rule in a land use plan, or a rule in a proposed land use plan that has legal effect if—
(a)
the use was lawfully established before the rule came into force; and
(b)
the effects of the use are the same or similar in character, intensity, and scale to those that existed before the rule came into force.
(2)
A person may, without a planning consent, use land in a manner that contravenes a national rule, a rule in a land use plan, or a rule in a proposed land use plan that has legal effect if—
(a)
the use was lawfully established by way of a designation; and
(b)
the designation has since been removed; and
(c)
the effects of the use are the same or similar in character, intensity, and scale to those that existed before the designation was removed.
(3)
Subsections (1) and (2) do not apply to a use of land if—
(a)
the rule that is contravened (being a national rule, a rule in a land use plan, or a rule in a proposed land use plan that has legal effect) is a specified natural hazard rule; or
(b)
the use has been discontinued for a continuous period of more than 12 months (or any longer time specified in the rule that is contravened) at any time after that rule came into force, unless an extension granted under section 27 applies; or
(c)
any reconstruction, alteration, or extension of or to any building increases the extent to which the building contravenes any rule in a land use plan or rule in a proposed land use plan that has legal effect; or
(d)
the use is of the surface of water in a lake or river.
(4)
To avoid doubt, this section—
(a)
does not apply to a use of land that is restricted under section 20, 21, or 22 of the Natural Environment Act 2026 (see section 33 of this Act); and
(b)
does not limit section 28 of the Natural Environment Act 2026.
(5)
In this section, came into force,—
(a)
in relation to a national rule, means the rule commenced; and
(b)
in relation to a rule in a land use plan, means the rule became operative; and
(c)
in relation to a rule in a proposed land use plan, means the rule had legal effect.
27 Extensions where existing land use discontinued
(1)
A person may, no later than 2 years after the date that a use of land is first discontinued, apply to the consent authority for an extension referred to in section 26(3)(b).
(2)
The consent authority may grant an extension if satisfied that—
(a)
the extension will not be contrary to the objectives and policies of the land use plan; and
(b)
the applicant has obtained approval from every person who may be adversely affected by the extension, unless the consent authority considers it is unreasonable in the circumstances to require approval from all of those persons.
(3)
The person may apply to the Planning Tribunal to review a decision of a consent authority to refuse an extension.
28 Certain existing building works allowed
(1)
A person may, without a planning consent, use land in a manner that contravenes a national rule, a rule in a land use plan, or a rule in a proposed land use plan that has legal effect if—
(a)
the use is a building work or an intended use of a building; and
(b)
a building consent was issued for the building work or intended use (and any amendments incorporated into that building consent) in accordance with the Building Act 2004 before the rule came into force; and
(c)
at the time that the building consent was issued (and any amendments incorporated into that building consent), the building work or intended use as stated in that building consent—
(i)
did not contravene a national rule, a rule in a land use plan, or a rule in a proposed land use plan that has legal effect; or
(ii)
otherwise could have been carried out without a planning consent for another reason.
(2)
However, subsection (1) does not apply if—
(a)
the rule that is contravened (being a national rule, a rule in a land use plan, or a rule in a proposed land use plan that has legal effect) is a specified natural hazard rule; or
(b)
after the rule came into force, the building consent is amended so that the effects of the building work or intended use of a building will no longer be the same or similar in character, intensity, and scale as before the amendment; or
(c)
the building consent has lapsed or is cancelled; or
(d)
a code compliance certificate for the building work is not issued in accordance with the Building Act 2004 within—
(i)
2 years after the rule came into force; or
(ii)
any further period that the consent authority may allow after it is satisfied that reasonable progress has been made towards completing the building work during those 2 years.
(3)
For the purpose of subsection (2)(c), the issuing in accordance with the Building Act 2004 of a code compliance certificate for the building work must not be treated as cancelling the building consent.
(4)
To avoid doubt, this section—
(a)
does not apply to a use of land that is restricted under section 20, 21, or 22 of the Natural Environment Act 2026 (see section 33 of this Act); and
(b)
does not limit section 28 of the Natural Environment Act 2026.
(5)
In this section,—
building has the meaning given in sections 8 and 9 of the Building Act 2004
building work has the meaning given in section 7 of the Building Act 2004
came into force has the meaning given in section 26(5)
intended use, in relation to a building, has the meaning given in section 7 of the Building Act 2004.
29 Use or activity that contravenes specified natural hazard rule protected until planning consent obtained
(1)
A person may, without a planning consent, use land, or carry out an activity in, on, under, or over any coastal marine area, in a manner that contravenes a specified natural hazard rule in a proposed land use plan that has legal effect until that specified natural hazard rule becomes operative if,—
(a)
before the rule had legal effect, the use or activity—
(i)
was a permitted activity or otherwise could have been lawfully carried out without a planning consent; and
(ii)
was lawfully established; and
(b)
the effects of the use or activity are the same as, or similar in character, intensity, and scale to, the effects that existed before the rule had legal effect; and
(c)
the use or activity has not been discontinued for a continuous period of more than 12 months since the rule had legal effect.
(2)
A person may, without a planning consent, use land, or carry out an activity in, on, under, or over any coastal marine area, in a manner that contravenes a national rule that is a specified natural hazard rule or a rule in a land use plan that is a specified natural hazard rule if,—
(a)
before the national rule commenced or the rule in the land use plan became operative, the use or activity—
(i)
was a permitted activity, was allowed to continue under subsection (1), or otherwise could have been lawfully carried out without a planning consent; and
(ii)
was lawfully established; and
(b)
the effects of the use or activity are the same as, or similar in character, intensity, and scale to, the effects that existed before the national rule commenced or the rule in the land use plan became operative; and
(c)
the person carrying out the use or activity has applied for a planning consent within 12 months after the date on which the national rule commenced or the rule in the land use plan became operative, and the application has not been decided or any appeals have not been determined.
(3)
This section does not apply to a use of land that is the use of the surface of water in a lake or river.
30 Certain existing uses of surface water and activities in coastal marine area protected until planning consent obtained
(1)
A person may, without a planning consent, use the surface of water in a lake or river in a manner that contravenes a national rule, a rule in a land use plan, or a rule in a proposed land use plan that has legal effect if—
(a)
before the rule came into force, the use—
(i)
was a permitted activity or otherwise could have been lawfully carried out without a planning consent; and
(ii)
was lawfully established; and
(b)
the effects of the use are the same or similar in character, intensity, and scale to those that existed before the rule came into force; and
(c)
the person carrying out the activity applies to the consent authority for a planning consent no later than 6 months after the date on which—
(i)
the national rule commenced; or
(ii)
the rule in the land use plan or proposed land use plan became operative.
(2)
A person may, without a planning consent, carry out an activity in, on, under, or over any coastal marine area in a manner that contravenes a national rule, a rule in a land use plan, a rule in a proposed land use plan that has legal effect, or a water services standard if,—
(a)
before the rule came into force, the use—
(i)
was a permitted activity or otherwise could have been lawfully carried out without a planning consent; and
(ii)
was lawfully established; and
(b)
the effects of the use are the same or similar in character, intensity, and scale to those that existed before the rule came into force; and
(c)
the person carrying out the activity applies to the consent authority for a planning consent no later than 6 months after the date on which—
(i)
the national rule or applicable provision in the water services standard commenced; or
(ii)
the rule in the land use plan or proposed land use plan became operative.
(3)
A person may continue to use land in accordance with subsection (1) or (2) until their application for a planning consent is decided and any appeals have been determined.
(4)
In this section, came into force has the meaning given in section 26(5).
General duties
31 Duty to avoid unreasonable noise
(1)
A person who does any of the following activities must adopt the best practicable option to ensure that any emission of noise from the activity does not exceed a reasonable level:
(a)
occupy land (including any premises and any coastal marine area):
(b)
an activity in, on, or under a water body or the coastal marine area.
(2)
This section does not prevent—
(a)
a national rule or rule in a land use plan from setting controls on the emission of noise; or
(b)
a planning consent from including a condition relating to the emission of noise.
Compare: 1991 No 69 s 16
32 Duty to avoid, remedy, or mitigate adverse effects
(1)
A person has a duty to avoid, remedy, or mitigate any adverse effect on the built environment arising from an activity carried out by or on behalf of the person.
(2)
The duty—
(a)
applies whether or not the activity is carried out in accordance with—
(i)
a national rule, a rule in a land use plan, a rule in a proposed land use plan that has legal effect, a planning consent, or a designation; or
(ii)
any of sections 27 to 30; and
(b)
is not of itself enforceable against any person, and no person is liable to any other person for a breach of that duty.
(3)
Despite subsection (2)(b), an enforcement order or abatement notice may be made or served under subpart 1 of Part 6 to—
(a)
require a person to cease, or prohibit a person from commencing, anything that, in the opinion of the Environment Court or an enforcement officer, is or is likely to be noxious, dangerous, offensive, or objectionable to an extent that it has or is likely to have an adverse effect on the built environment; or
(b)
require a person to do something that, in the opinion of the Environment Court or an enforcement officer, is necessary to avoid, remedy, or mitigate any actual or likely adverse effect on the built environment caused by, or on behalf of, that person.
Other legal requirements not affected
33 Other legal requirements not affected
(1)
Compliance with this Act does not remove the need to comply with all other legislation and rules of law.
(2)
The duties and restrictions described in this subpart are only enforceable against a person 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)
This section does not limit or affect a right of action that a person may have independently of the provisions of this Act.
Compare: 1991 No 69 s 23
Subpart 3—Key instruments
34 Key instruments of this Act
The key instruments of this Act are—
(a)
national policy direction:
(b)
national standards:
(c)
regional spatial plans:
(d)
land use plans.
Provisions of key instruments
35 Application of objectives, policies, rules, and methods
(1)
An objective, policy, rule, or other method of a key instrument may—
(a)
apply throughout all or part of—
(i)
a district, in the case of a land use plan; or
(ii)
a region, in the case of a regional spatial plan; or
(iii)
New Zealand, in the case of a national instrument:
(b)
apply all of the time or for specified periods.
(2)
A rule may apply to a specified—
(a)
activity; or
(b)
class of activities (for example, all activities with a particular activity classification).
Compare: 1991 No 69 s 76(4)
36 Meaning of rule
(1)
A rule means a provision of a key instrument that does any of the following:
(a)
classifies an activity as a permitted, restricted discretionary, discretionary, or prohibited activity:
(b)
specifies requirements for carrying out a permitted activity (for example, requirements referred to in section 42):
(c)
specifies requirements for carrying out a restricted discretionary or discretionary activity:
(d)
reserves matters of discretion in relation to a restricted discretionary activity:
(e)
specifies requirements for information to be included in an application for a planning consent:
(f)
requires or precludes targeted or public notification of an application for a planning consent for an activity:
(g)
specifies conditions of a planning consent that may be included under section 175, 178, or Part 1 of Schedule 7.
(2)
A provision of a land use plan is also a rule if it—
(a)
modifies requirements for esplanade reserves or esplanade strips in accordance with section 111; or
(b)
specifies requirements for when future provisions apply (see section 116(1)(a)).
(3)
A rule may include any provision that is necessary or incidental to the operation of the rule.
Classification of activities
37 Guidance for classifying activities
(1)
This section—
(a)
is intended to guide decision makers when classifying activities in national standards or land use plans; but
(b)
does not limit the matters that a decision maker may consider when classifying activities (for example, requirements in regulations or non-regulatory measures).
(2)
A decision maker should consider classifying an activity as—
(a)
a permitted activity if—
(i)
the activity is acceptable, is anticipated, or achieves the desired level of use, development, or protection; or
(ii)
the adverse effects of the activity are understood and can be managed:
(b)
a restricted discretionary activity if—
(i)
the activity is acceptable, is anticipated, or achieves the desired level of use, development, or protection but 1 or more of the effects of the activity require a specific assessment; and
(ii)
the effects of the activity are known and can be appropriately managed:
(c)
a discretionary activity if—
(i)
the nature and type of the activity requires an assessment of the effects of the activity; or
(ii)
there is significant variability in the adverse effects of the activity; or
(iii)
the activity is not anticipated or may be inappropriate:
(d)
a prohibited activity if the activity will have an unacceptably high level of adverse effects that cannot be managed.
(3)
A failure to follow the guidance provided in this section does not invalidate a decision classifying an activity.
38 Consequences of permitted, restricted discretionary, or discretionary activity classification
(1)
If an instrument classifies an activity as a permitted activity,—
(a)
the activity does not require a planning consent; but
(b)
the activity must comply with any requirements in a permitted activity rule and any requirements in every instrument.
(2)
If an instrument classifies an activity as a restricted discretionary activity,—
(a)
the activity requires a planning consent; and
(b)
the instrument must specify the matters over which discretion is reserved; and
(c)
a consent authority’s power to grant or decline the planning consent or to impose consent conditions is—
(i)
restricted to the matters over which discretion is reserved; and
(ii)
subject to section 171; and
(iii)
subject to section 55(2) of the Marine and Coastal Area (Takutai Moana) Act 2011; and
(d)
the activity must comply with any conditions in the consent and any requirements in every instrument.
(3)
If an instrument classifies an activity as a discretionary activity,—
(a)
the activity requires a planning consent; and
(b)
a consent authority may grant the consent with or without conditions or decline the consent; and
(c)
the activity must comply with any conditions in the consent and any requirements in every instrument.
(4)
In this section,—
instrument means—
(a)
this Act:
(b)
regulations:
(c)
a national rule:
(d)
a water services standard:
(e)
a rule in a land use plan:
(f)
a rule in a proposed land use plan that has legal effect
requirements includes any conditions or permissions.
Compare: 1991 No 69 s 87A
39 Consequence of prohibited activity classification
(1)
If an instrument (other than a proposed land use plan that has not become operative) classifies an activity as a prohibited activity,—
(a)
no application for a planning consent may be made for the activity; and
(b)
a local authority must not grant a planning consent for the activity.
(2)
In this section, instrument has the meaning given in section 38(4).
Compare: 1991 No 69 s 87A(6)
40 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(2)–(4)
41 Activities that must be treated as discretionary activities
An application for a planning consent for an activity must be treated as an application for a discretionary activity if—
(a)
a land use plan requires a planning consent for the activity but does not classify the activity; or
(b)
a rule in a proposed land use plan classifies the activity as a prohibited activity and the rule has not become operative.
Compare: 1991 No 69 s 87B(1)
Permitted activity rules that require registration
42 Permitted activity rules that require registration
(1)
A permitted activity rule that requires an activity to be registered may be—
(a)
a national rule; or
(b)
a rule in a land use plan but only if allowed or required by national standards.
(2)
If a permitted activity rule requires an activity to be registered, section 210 applies.
(3)
A permitted activity rule that requires an activity to be registered—
(a)
may specify requirements for information that must be included in the notice required under section 210; and
(b)
may require the person carrying out the activity to do 1 or more of the following:
(i)
obtain the written approval of all persons who may be directly affected by the activity:
(ii)
obtain certification from a qualified person that the activity complies, or would comply, with any specified requirement:
(iii)
pay a fee fixed in accordance with section 329:
(iv)
carry out the activity in accordance with a report or management plan prepared by a qualified person:
(v)
comply with a condition of a kind that may be included under section 178 or Part 1 of Schedule 7; but
(c)
may not specify any other requirement.
(4)
See also section 38(1)(b) which requires a permitted activity to comply with any requirements in every instrument.
Compare: 1991 No 69 s 77A(1)(c)
Relationship between national rule and other instruments
43 How instrument is more restrictive or enabling than national rule
(1)
This section applies for the purposes of sections 44 to 47.
(2)
An instrument is more restrictive than a national rule if the instrument—
(a)
classifies an activity more restrictively than the national rule; or
(b)
imposes conditions on an activity that the national rule does not impose or authorise; or
(c)
prohibits or restricts an activity that the national rule permits or authorises.
(3)
An instrument is more enabling than a national rule if the instrument—
(a)
classifies an activity less restrictively than the national rule; or
(b)
does not impose conditions or imposes less restrictive conditions on an activity in respect of which conditions are imposed or authorised by the national rule; or
(c)
permits or authorises an activity that the national rule prohibits or restricts.
(4)
In this section, an instrument means a rule in a land use plan, a rule in a proposed land use plan that has legal effect, a planning consent, a designation, a construction project plan, or a bylaw.
Compare: 1991 No 69 s 43B(2), (4)
44 Relationship between national rule and rule in land use plan or proposed land use plan
(1)
A rule in a plan or proposed plan that is more restrictive than a national rule prevails over the national rule if the national rule expressly allows a rule in a plan or proposed plan to be more restrictive than it.
(2)
A rule in a plan or proposed plan that is more enabling than a national rule prevails over the national rule if the national rule expressly allows a rule in a plan or proposed plan to be more enabling than it.
(3)
If a national rule allows an activity and states that a planning consent is not required for the activity, or states that an activity is a permitted activity, the following provisions apply:
(a)
a plan or proposed plan may state that the activity is a permitted activity on the conditions specified in the plan; and
(b)
the conditions specified in the plan may deal only with effects of the activity that are different from those dealt with in conditions specified in the national rule; and
(c)
if a plan’s conditions deal with effects of the activity that are the same as those dealt with in the conditions specified in the national rule, the conditions in the national rule prevail.
(4)
In this section, plan means a land use plan and proposed plan means a proposed land use plan that has legal effect.
Compare: 1991 No 69 s 43B(1), (3)
45 Relationship between national rule and planning consent
(1)
A planning consent that is more restrictive than a national rule prevails over the rule if the rule expressly allows a planning consent to be more restrictive than it.
(2)
A planning consent that is more enabling than a national rule prevails over the rule if the rule expressly allows a planning consent to be more enabling than it.
(3)
Subsection (4) applies if a planning consent—
(a)
is granted under a rule in a land use plan or proposed land use plan that has legal effect; and
(b)
is granted before the date on which a national rule commences.
(4)
The planning consent prevails over the national rule unless the rule expressly provides otherwise.
Compare: 1991 No 69 s 43B
46 Relationship between national rules, designations, and construction project plans
(1)
A designation or a construction project plan may be more enabling than a national rule—
(a)
if the rule expressly allows the designation or construction project plan to be more enabling than it; and
(b)
in which case, this subsection prevails over the other provisions of this section.
(2)
A designation that exists when a national rule is made—
(a)
prevails over the national rule unless the rule expressly states that it prevails over the designation; and
(3)
If the conditions of a designation are altered as described in subsection (2)(b)(ii), the national rule—
(a)
applies to the altered conditions; and
(b)
does not apply to the unaltered conditions.
(4)
A national rule prevails over a designation that requires a construction project plan if, when the national rule is made,—
(a)
the designation exists; and
(b)
no construction project plan for the designation has been confirmed in accordance with clause 41 of Schedule 5.
(5)
A use is not required to comply with a national 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 national rule is made—
(i)
after the designation was made; and
(ii)
before or after it lapses.
(6)
Work under a designation is not required to comply with a national rule if the work has come under the designation through the following sequence of events:
(a)
the work is made; and
(b)
the national rule is made; and
(c)
the designation is applied to the work.
(7)
In this section, conditions includes a condition about the physical boundaries of a designation.
Compare: 1991 No 69 s 43D
47 Relationship between national rules and bylaws
(1)
A bylaw prevails over a national rule if the bylaw is more restrictive than the rule and the rule expressly allows the bylaw to be more restrictive than it.
(2)
A bylaw may be more enabling than a national rule if the rule expressly allows a bylaw to be more enabling than it.
(3)
In this section, bylaw means a bylaw made under any legislation.
Compare: 1991 No 69 s 43E
48 Relationship between environmental performance standards, infrastructure design solutions, and designations
(1)
A designation that exists when a stormwater environmental performance standard, a wastewater environmental performance standard, or an infrastructure design solution is made prevails over the environmental performance standard or infrastructure design solution until the earlier of the following:
(a)
the designation lapses:
(2)
If the conditions of a designation are altered as described in subsection (1)(b), the environmental performance standard or infrastructure design solution—
(a)
applies to the altered conditions; and
(b)
does not apply to the unaltered conditions.
(3)
Despite subsection (1), a stormwater environmental performance standard, a wastewater environmental performance standard, or an infrastructure design solution prevails over a designation that requires a construction project plan if, when the environmental performance standard or infrastructure design solution is made,—
(a)
the designation exists; and
(b)
no construction project plan for the designation has completed the process described in clause 40 of Schedule 5.
(4)
A stormwater environmental performance standard, a wastewater environmental performance standard, or an infrastructure design solution that exists when a designation is made prevails over the designation.
(5)
A use is not required to comply with a stormwater environmental performance standard, a wastewater environmental performance standard, or an infrastructure design solution if—
(a)
the use was lawfully established by way of a designation that has been removed; 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 was removed; and
(c)
the environmental performance standard or infrastructure design solution is made—
(i)
after the designation was made; and
(ii)
before or after the designation is removed.
(6)
Work under a designation is not required to comply with a stormwater environmental performance standard, a wastewater environmental performance standard, or an infrastructure design solution if the work has come under the designation through the following sequence of events:
(a)
the work is made; and
(b)
the environmental performance standard or infrastructure design solution is made; and
(c)
the designation is applied to the work.
(7)
In this section, conditions includes a condition about the physical boundaries of a designation.
Compare: 1991 No 69 s 44B
49 Relationship between wastewater and stormwater environmental performance standards and other instruments
(1)
A wastewater environmental performance standard or stormwater environmental performance standard prevails over a national rule.
(2)
Subsection (1) applies whether the national rule is more or less restrictive than the wastewater environmental performance standard or stormwater environmental performance standard.
(3)
If there is any conflict or duplication between a wastewater environmental performance standard or stormwater environmental performance standard and a document listed in subsection (4), the environmental performance standard prevails.
(4)
The documents are—
(a)
a national policy direction:
(b)
a national standard:
(c)
a land use plan.
(5)
However, if anything in a land use plan conflicts with or duplicates anything in a wastewater environmental performance standard or stormwater environmental performance standard, then, to the extent that the conflict or duplication results from the land use plan giving effect to Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River,—
(a)
subsection (3) does not apply; and
(b)
the land use plan prevails.
(6)
If a land use plan or proposed land use plan contains a rule that conflicts with or duplicates a provision in a wastewater environmental performance standard or stormwater environmental performance standard, the local authority must amend the plan or proposed plan to remove the conflict or duplication—
(a)
without using the process in Schedule 3; and
(b)
as soon as practicable after the date on which the standard comes into force.
(7)
A local authority must—
(a)
enforce the observance of stormwater environmental performance standards and wastewater environmental performance standards—
(i)
within the limits specified in subsections (5) and (8); and
(ii)
to the extent to which its powers enable it to do so; and
(b)
observe stormwater environmental performance standards and wastewater environmental performance standards.
(8)
However, subsections (1), (2), and (6) do not apply if—
(a)
the rule gives effect to Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River; and
(b)
the rule is more restrictive than the wastewater environmental performance standard or stormwater environmental performance standard.
Compare: 1991 No 69 s 58JB
50 Relationship between infrastructure design solutions and other instruments
(1)
An infrastructure design solution prevails over a national rule.
(2)
Subsection (1) applies whether a national rule is more or less restrictive than the infrastructure design solution.
(3)
However, a national rule prevails over the infrastructure design solution, and subsections (1) and (2) do not apply, if—
(a)
the rule is included in a land use plan to give effect to Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River; and
(b)
the rule is more restrictive than the infrastructure design solution.
(4)
If there is any conflict or duplication between an infrastructure design solution and a document listed in subsection (5), the infrastructure design solution prevails.
(5)
The documents are—
(a)
a national policy direction:
(b)
a national standard:
(c)
a land use plan.
(6)
However, if anything in a land use plan conflicts with or duplicates anything in an infrastructure design solution, then, to the extent that the conflict or duplication results from the relevant document giving effect to Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River,—
(a)
subsection (4) does not apply; and
(b)
the land use plan prevails.
(7)
If a land use plan or proposed land use plan contains a rule that conflicts with or duplicates a provision in an infrastructure design solution, the local authority must amend the plan or proposed plan to remove the inconsistency or duplication—
(a)
without using the process in Schedule 3; and
(b)
as soon as practicable after the date on which the standard comes into force.
(8)
However, subsection (7) does not apply if—
(a)
the rule gives effect to Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River; and
(b)
the rule is more restrictive than the infrastructure design solution.
Compare: 1991 No 69 s 58JD
Subpart 4—National instruments
National instruments
51 Application of national instruments
National instruments may apply generally or to any specified district, region, or part of New Zealand.
52 Local authority and spatial plan committee must implement national instrument
(1)
A local authority and a spatial plan committee must—
(a)
comply with the directions of a national instrument; and
(b)
implement its provisions in the manner specified in the instrument.
(2)
In this section, directions includes any directives or other requirements.
National policy direction
53 National policy direction
There must always be a national policy direction.
54 Purpose of national policy direction
(1)
The purpose of a national policy direction is to—
(a)
particularise all the goals; and
(b)
direct how the goals are to be achieved, including by identifying and providing for the resolution of conflict as far as is practicable.
(2)
This section is subject to section 13(2).
(3)
In this section,—
conflict means—
(a)
conflict within a goal or between the goals in section 13 of this Act; or
(b)
conflict between the goals in section 13 of this Act and the goals in section 13 of the Natural Environment Act 2026; or
(c)
conflict between national instruments under this Act and, if applicable, national instruments under the Natural Environment Act 2026
particularise, in relation to a goal, means to explain the goal in detail, including by providing any context relevant to the goal.
55 Content of national policy direction
(1)
National policy direction must include directives.
(2)
National policy direction—
(a)
may specify—
(i)
the key instruments to which its directives apply; and
(ii)
how its directives must or may be implemented; and
(b)
may direct the outcomes that a key instrument must achieve or provide for; and
(c)
may specify other approaches that are relevant to the purpose of national policy direction.
(3)
A directive may specify which 1 or more of the following approaches must be used to manage the effects of activities:
(a)
avoid:
(b)
remedy:
(c)
mitigate:
(d)
offset:
(e)
compensate.
(4)
National policy direction may—
(a)
require that compliance with its directives are the only ways in which a goal may be achieved:
(b)
restrict how a specified key instrument achieves a goal.
(5)
National policy direction may—
(a)
include directives or content that apply to key instruments under the Natural Environment Act 2026; and
(b)
direct what a local authority or spatial plan committee must consider when preparing its plan.
(6)
National policy direction must not include directives or content that are required to be directly inserted into regional spatial plans, land use plans, or natural environment plans.
(7)
National policy direction may provide for when and how its provisions must be monitored and reviewed.
National standards
56 National standards
There must always be national standards.
57 Purpose of national standards
(1)
The purpose of national standards is to do 1 or more of the following:
(a)
implement national policy direction:
(b)
provide procedural consistency:
(c)
provide regulatory consistency.
(2)
In this section, regulatory consistency means consistency in how an activity or its effects are regulated nationally or within or across districts, regions, or any specified area.
58 Content of national standards
(1)
National standards may include objectives, policies, rules, methods, or requirements that are relevant to their purpose (see section 57).
(2)
National standards may provide for national rules.
(3)
National standards may direct—
(a)
how land use must be managed:
(b)
how local authorities must make decisions:
(c)
how local authorities must use processes and methodologies.
(4)
National standards may—
(a)
direct that specific provisions be included in land use plans or regional spatial plans:
(b)
direct local authorities or spatial plan committees to choose from a number of specific provisions to be included in plans either completely or in part.
(5)
National standards may—
(a)
include requirements relating to measuring, monitoring, and reporting; and
(b)
empower a local authority to charge for the monitoring of any specified permitted activities.
(6)
National standards may include exemptions from the standards.
59 National rules
(1)
National standards that are national rules may give directions that—
(a)
allow, restrict, or prohibit an activity:
(b)
classify an activity or state how it is to be classified:
(c)
specify conditions that must or may be imposed on a planning consent for an activity:
(d)
require, as a condition of a planning consent, compliance with requirements specified in the standards or in a land use plan or proposed plan:
(e)
restrict the making of a rule in a land use plan or the granting of a planning consent to matters specified in the standards:
(f)
require or preclude targeted or public notification of an application for a planning consent for an activity:
(g)
specify, in relation to a rule in a land use plan made before the commencement of the standards,—
(i)
the extent to which any matter to which the standard applies continues to have effect; or
(ii)
the time period during which any matter to which the standard applies continues to have effect.
(2)
A national rule that allows an activity may—
(a)
state that a planning consent is not required for the activity; or
(b)
do either or both of the following:
(i)
state that a planning consent may be granted for the activity, but only on the conditions specified in the national rule; and
(ii)
require, as a condition, compliance with the rules in a land use plan or proposed land use plan that has legal effect.
(3)
A national rule that classifies an activity—
(a)
as a permitted activity may require the activity to be registered with a permit authority:
(b)
as a restricted discretionary activity must state the matters over which discretion is restricted.
(4)
A national rule may require a person to obtain a certificate from a specified person stating that an activity complies with a condition specified in the national rule.
60 Other content for national standards
(1)
National standards may specify—
(a)
how, and in what order, adverse effects are to be avoided, mitigated, remedied, offset, or compensated; and
(b)
when it is practicable for adverse effects to be avoided, mitigated, or remedied; and
(c)
when it is appropriate for adverse effects to be offset or compensated; and
(d)
the circumstances in which specific effects are managed under this Act or under the Natural Environment Act 2026.
(2)
The order in which an approach to managing effects appears in subsection (1) does not assign an order of importance to how effects are managed.
(3)
National standards—
(a)
may include provisions for the purpose of managing the risk of natural hazards (including for the purpose of avoiding or mitigating any adverse effect of a natural hazard); and
(b)
may identify a national rule as a specified natural hazard rule only if the rule is for the purpose specified in paragraph (a).
(4)
National standards may—
(a)
allow or require a local authority to include in its land use plan a permitted activity rule that requires the activity to be registered with a permit authority; or
(b)
restrict a local authority from including that rule in its plan.
(5)
National standards may state requirements relating to the content of land use plans and regional spatial plans, including—
(a)
objectives, policies, rules, or other methods to be included in land use plans:
(b)
objectives, actions, policies, or other methods, or other provisions, to be included in regional spatial plans.
(6)
National standards may include requirements relating to—
(a)
the structure and form of a regional spatial plan or land use plan:
(b)
the electronic accessibility and functionality of a regional spatial plan or land use plan:
(c)
any of the following matters to the extent that they relate to regional spatial plans or land use plans:
(i)
processes, methodologies, or implementation:
(ii)
measuring, monitoring, and reporting:
(iii)
records that must be kept and how they must be kept:
(d)
any other matter for the purpose of implementing national standards.
(7)
National standards may, for the purpose of protecting other property from the effects of surface water, include requirements that—
(a)
apply to a person undertaking building work; and
(b)
set performance criteria that are in addition to, or more restrictive than, the building code.
(8)
National standards may include transitional provisions for any matter, including its effect on existing matters or proceedings.
(9)
National standards may include requirements specifying the manner in which a person must comply with section 10(2), including where, how, and when the person must comply with that section.
(10)
National standards may include requirements relating to the performance or exercise of the functions, powers, and duties of the statutory officer appointed under section 221.
(11)
In subsection (7), building code and other property have the meanings given in section 7 of the Building Act 2004.
61 National standards relating to land use plans and regional spatial plans
(1)
If a provision in a national standard necessitates a change to a land use plan or a regional spatial plan, unless the national standard specifies otherwise,—
(a)
a local authority must use a process in Schedule 3 to amend its plan; and
(b)
a spatial plan committee must use the process in subpart 1 of Part 3 to amend its plan.
(2)
A national standard may direct a local authority or spatial plan committee to amend its plan without using the process in Schedule 3 or subpart 1 of Part 3 only if—
(a)
the content of the amendment is set out in the national standard itself; or
(b)
the purpose of the amendment is to make the plan consistent with any restriction in that national standard or another national standard.
(3)
A local authority or a spatial plan committee must—
(a)
make the amendments authorised under subsection (2) as soon as practicable within the time (if any) specified in the national standard; and
(b)
give public notice of the amendments within 5 working days after making them.
62 National standards may direct plan provisions in land use plans and regional spatial plans
(1)
National standards may direct plan provisions to be included in—
(a)
land use plans or proposed land use plans; or
(b)
regional spatial plans.
(2)
A direction—
(a)
may require or authorise a local authority or spatial plan committee to include a plan provision contained in the national standard itself; or
(b)
may authorise a local authority or spatial plan committee to include a plan provision prepared by the local authority or spatial plan committee.
(3)
For the purposes of subsection (2)(a), a national standard may—
(a)
contain a plan provision—
(i)
that the local authority or spatial plan committee must include in its plan; and
(ii)
in relation to which the local authority or spatial plan committee has no discretion to determine its spatial application; or
(b)
contain a plan provision in relation to which the local authority or spatial plan committee may do 1 or more of the following:
(i)
determine the spatial application of the provision:
(ii)
select the provision from 2 or more alternatives set out in the national standard:
(iii)
determine any content specified by the national standard but only from within parameters set out in that standard:
(iv)
choose not to include the provision.
(4)
National standards may include requirements or methods for how a local authority or spatial plan committee must include and give effect to a plan provision required or authorised under this section.
(5)
See section 101(3) (which provides that a local authority must not amend a standardised provision in a land use plan) and section 77(4) (which provides that local authorities, spatial plan committees, and the Minister must not amend a standardised provision in a regional spatial plan).
63 National rules must be clearly identified
(1)
A provision in national standards that is a national rule must be clearly identified as such in the standards.
(2)
A national rule may (but does not have to) be included in a land use plan.
64 Incorporation of material by reference into national standards
(1)
Material may be incorporated by reference into national standards in accordance with section 64 of the Legislation Act 2019, but clause 1 of Schedule 2 of that Act does not apply.
(2)
Subsection (4) applies if—
(a)
national standards incorporate material by reference; and
(b)
the material is amended (within the meaning of section 66(3) of the Legislation Act 2019) by the originator of the material after the national standards are made.
(3)
However, subsection (4) does not apply if the national standards expressly state that it does not apply.
(4)
Despite section 66(2) of the Legislation Act 2019, the amendments referred to in subsection (2)(b) have effect as part of the national standards only if the Minister issues a notice that—
(a)
states that the amendments have effect as part of the national standards; and
(b)
specifies the date on which the amendments have effect.
(5)
A notice under subsection (4) 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 | The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 | LA19 s 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. | ||||
Process
65 Process for making national instrument
(1)
Before the Minister publicly notifies a national instrument, the Minister must seek comment from iwi authorities and from any group or sector that the Minister considers appropriate by—
(a)
providing them with a draft of the proposed national instrument or a summary of it; and
(b)
giving them, as the Minister considers appropriate, adequate time and opportunity to comment on the document; and
(c)
having regard to any comments so provided.
(2)
If the proposed national instrument—
(a)
affects ngā rohe moana o ngā hapū o Ngāti Porou, the Minister must seek comment from ngā hapū o Ngāti Porou and relevant customary marine title hapū in accordance with subsection (1); or
(b)
is authorised by section 60(9), the Minister must seek comment from any relevant post-settlement governance entity in accordance with subsection (1).
(3)
If, after complying with subsections (1) and (2), the Minister proposes to publicly notify a national instrument, the Minister must establish and follow a process that includes the following steps:
(a)
the public and iwi authorities (and ngā hapū o Ngāti Porou and relevant customary marine title hapū if the instrument affects ngā rohe moana o ngā hapū o Ngāti Porou and any relevant post-settlement governance entity if subsection (2)(b) applies) must be given notice of—
(i)
the proposed national instrument (the proposal); and
(ii)
the purpose of the national instrument in terms of section 54 or 57; and
(iii)
a summary of—
(A)
the reasons for the proposal:
(B)
the reasons why the Minister considers the proposal is consistent with the purpose of the national instrument:
(C)
how the Minister has considered the matters required under section 66 or 67 (as applicable); and
(b)
those notified must be given what the Minister considers to be adequate time and opportunity to make submissions on the subject matter of the proposal; and
(c)
a report and recommendations must be made to the Minister on the submissions and the subject matter of the proposal.
(4)
The Minister must consult the Minister of Conservation on any proposal that relates to the coastal marine area.
(5)
The Minister may consult on the proposal with any person who may have an interest in it.
(6)
The Minister may—
(a)
establish technical advisory groups to advise the Minister—
(i)
on any matter that the Minister considers is relevant to the proposal; and
(ii)
in accordance with any terms of reference specified by the Minister; and
(b)
consider their advice.
(7)
The Minister may act under any of subsections (4) to (6) at any step of the process set out in this section.
(8)
A person preparing the report and recommendations required by subsection (3)(c) must consider—
(a)
any matter that the Minister must consider, have regard to, or be satisfied of before recommending the national instrument; and
(b)
any advice received from a technical advisory group established under this section; and
(c)
any comments provided under subsection (1) or (2).
(9)
The time given for comments under subsection (1)(b) or (2) or submissions under subsection (3)(b) must not be less than 20 working days.
66 Considerations for national policy direction
(1)
When notifying a proposed national policy direction under section 65(3), the Minister must give a notice summarising why they consider the proposal is consistent with the purpose of a national policy direction under section 54.
(2)
The rest of this section applies to the Minister when developing a proposed national policy direction.
(3)
The Minister must have regard to—
(a)
achieving compatibility between the goals in section 13, as far as is practicable; and
(b)
if compatibility between the goals cannot be achieved, identifying and providing for the resolution of conflict between the goals, or within a goal.
(4)
However, if the Minister considers that the resolution of any conflict identified under subsection (3)(b) will result in a goal being prioritised over another, the Minister must consider the following matters as far as they relate to the built environment:
(a)
the current and long-term impacts:
(b)
any severe and irreversible adverse effects.
(5)
The Minister must be satisfied that the proposed national policy direction is, as far as is practicable, consistent with other national instruments, including national instruments under the Natural Environment Act 2026.
(6)
Subsections (7) and (8) apply, if, during the development of the proposed national policy direction, the Minister identifies conflict between—
(a)
the goals in section 13; and
(b)
the goals in section 13 of the Natural Environment Act 2026.
(7)
The Minister must have regard to—
(a)
achieving compatibility between the 2 sets of goals (as described in subsection (6)(a) and (b)), as far as is practicable; and
(b)
if compatibility between those 2 sets of goals cannot be achieved, identifying and providing for the resolution of conflict between them.
(8)
However, if the Minister considers that the resolution of any conflict identified under subsection (7)(b) will result in a goal in one Act being prioritised over a goal in the other Act, the Minister must consider the following matters as far as they relate to people, natural resources, and the built environment:
(a)
the current and long-term impacts:
(b)
any severe and irreversible adverse effects.
(9)
National policy direction is not required to identify and provide for the resolution of every conflict.
(10)
In this section, long-term impact means an impact spanning 2 or more human generations.
67 Considerations for national standards
(1)
When notifying proposed national standards under section 65, the Minister must give a notice explaining why they consider the proposal is consistent with the purpose of national standards under section 57.
(2)
When developing proposed national standards, the Minister must—
(a)
be satisfied that the proposed national standards are, as far as is practicable, consistent with other national standards and regulations; and
(b)
subject to sections 17 and 18, consider the effects of the activities to which the proposed national standards apply.
(3)
When developing proposed national standards that include requirements specifying the manner in which a person must comply with section 10(2), the Minister must be satisfied that the manner of compliance specified in the standards will, to the greatest extent possible under this Act, give an effect that is the same as, or equivalent to, the effect that the relevant redress or arrangement had under the Resource Management Act 1991.
68 Withdrawal of proposed national instrument
(1)
The Minister may withdraw all or part of a proposed national instrument at any time before it is made under section 69.
(2)
The Minister must give public notice of the withdrawal and include reasons for the withdrawal.
Compare: 1991 No 69 s 51A
69 Making of national instrument
(1)
The Governor-General in Council may, by Order in Council, on the recommendation of the Minister, make a national instrument.
(2)
Before recommending the making of a national instrument, after having complied with section 65, the Minister must consider the report and recommendations made under section 65(3)(c) (report and recommendations).
(3)
When considering the report and recommendations, the Minister may—
(a)
make any changes, or no changes, to the proposed national instrument as the Minister thinks fit; and
(b)
withdraw all or part of the proposed national instrument in accordance with section 68.
(4)
Before recommending the making of a national instrument as referred to in section 70 or 71, the Minister must consider whether it is more appropriate to comply with section 65.
(5)
After the national instrument is made,—
(a)
the Minister must notify every local authority and the public that the following documents are available and how they can be accessed:
(i)
a summary of the report and recommendations; and
(ii)
a summary of the Minister’s decision on the recommendations (including reasons for not adopting any recommendations); but
(b)
if the national instrument makes an amendment as referred to in section 70 or 71, paragraph (a) does not apply and the Minister must instead publish their reasons for the amendment on an internet site.
(6)
An order made under this section—
(a)
is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
(b)
is not to be drafted by the Parliamentary Counsel Office under section 67(1)(d)(i) of that Act.
| 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 | 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. | ||||
70 Amendments to national policy direction without full process
(1)
The Minister may recommend the making of an amendment to a national policy direction without complying with section 65 if the amendment is needed to make changes that are no more than minor in effect, to correct errors, or to make similar technical alterations.
(2)
Section 66 does not apply to amendments recommended under this section.
71 Amendments to national standards without full process
(1)
The Minister may recommend the making of an amendment to a national standard without complying with section 65 if the amendment is needed for 1 of the following reasons:
(a)
to align with a New Zealand Standard within the meaning of section 4 of the Standards and Accreditation Act 2015:
(b)
to implement New Zealand’s obligations under any international convention, protocol, or agreement to which New Zealand is a party:
(c)
to extend the time frame for implementing any part of a national standard:
(d)
to remove provisions in a national standard that are no longer required as a consequence of changes to legislation:
(e)
to make changes that are no more than minor in effect, to correct errors, or to make similar technical alterations.
(2)
Section 67 does not apply to amendments recommended under this section.
Part 3 Combined plan
72 Regional combined plan
(1)
There must be a combined plan for each region at all times.
(2)
A combined plan consists of—
(a)
the regional spatial plan for the region (see subpart 1 of this Part); and
(b)
the natural environment plan for the region (see subpart 1 of Part 3 of the Natural Environment Act 2026); and
(c)
a land use plan for each district within the boundaries of the region (see subpart 2 of this Part); and
(d)
the land use plan for the coastal marine area within the boundaries of the region (see subpart 2 of this Part).
Publication requirements
(3)
A regional council must publish the combined plan in an electronically accessible format.
(4)
To enable a regional council to publish a combined plan,—
(a)
the spatial plan committee for the region must, in the manner prescribed by regulations, provide the regional council with an electronic version of the adopted regional spatial plan for the region; and
(b)
the territorial authority of each district within the boundaries of the region must, in the manner prescribed by regulations, provide the regional council with an electronic version of the land use plan for its district when it is made operative in accordance with clause 44 of Schedule 3.
(5)
A regional combined plan, regional spatial plan, natural environment plan, and land use plan must comply with any requirements for electronic accessibility that are prescribed by national standards or by regulations.
Subpart 1—Regional spatial plans
Core requirements for regional spatial plans
73 Purpose of regional spatial plan
The purpose of a regional spatial plan is to set the strategic direction for growth and change in a region for a time frame of 30 years or longer.
74 Every region must have 1 regional spatial plan
(1)
There must at all times be 1 regional spatial plan for each region.
(2)
A regional spatial plan must apply to the entire region but may focus in greater detail on certain parts of the region.
75 How regional spatial plan is prepared or changed
(1)
Schedule 2 sets out provisions relating to the preparation and change of regional spatial plans and has effect according to its terms.
(2)
Schedule 4 sets out provisions relating to the appointment, powers, duties, and funding of independent hearings panels, which have functions to hold the hearing and make recommendations when a regional spatial plan is being prepared or changed. Schedule 4 has effect according to its terms.
76 Core obligations when preparing and deciding regional spatial plan
(1)
This section and sections 77 and 78 set out the core obligations that apply to—
(a)
a spatial plan committee preparing a draft regional spatial plan; and
(b)
the local authorities of a region when deciding whether to approve a draft regional spatial plan for notification (see clause 17 of Schedule 2); and
(c)
the local authorities of a region, or the Minister, when deciding a regional spatial plan (see clauses 25 and 27 of Schedule 2).
(2)
A regional spatial plan must—
(a)
set out the key drivers of growth and change in the region; and
(b)
map or otherwise record the broad spatial layout of the region over the next 30 years or longer, including—
(i)
priority areas for growth and change; and
(ii)
existing and future infrastructure that is of strategic importance for growth and change; and
(iii)
significant constraints on using or developing—
(A)
land; and
(B)
the coastal marine area; and
(iv)
priority areas for planning for adapting to the effects of climate change; and
(c)
map or otherwise record each of the following in the region:
(i)
any existing designation that applies in the region, if the project to which the designation relates is significant for the district, region, or nation:
(ii)
any designation to which clause 37(2) of Schedule 5 applies:
(iii)
the indicative location of any future designation and details of that future designation (see clause 14 of Schedule 2):
(iv)
any statutory acknowledgement (see section 81):
(v)
any site of significance to Māori:
(vi)
any customary marine title area and any protected customary rights area:
(vii)
aquaculture settlement areas.
(3)
A regional spatial plan must—
(a)
implement relevant national instruments under this Act and relevant national instruments under the Natural Environment Act 2026; and
(b)
be consistent with any water conservation order that applies in the region; and
(c)
be prepared in accordance with regulations.
(4)
The spatial plan committee, local authorities, or Minister (as the case requires) must be satisfied that the regional spatial plan supports—
(a)
the resolution of potential conflicts between national instruments under this Act and national instruments under the Natural Environment Act 2026; and
(b)
the alignment of planning under this Act and the Natural Environment Act 2026 with investment decisions and other planning for infrastructure.
(5)
Subsection (6) applies to a regional spatial plan that—
(a)
applies to an area that includes, or is directly adjacent to, ngā rohe moana o ngā hapū o Ngāti Porou; or
(b)
otherwise directly affects ngā rohe moana o ngā hapū o Ngāti Porou.
(6)
The regional spatial plan must map or otherwise record—
(a)
ngā rohe moana o ngā hapū o Ngāti Porou; and
(b)
any customary marine title area (within the meaning of section 9 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019); and
(c)
any area to which a protected customary activity applies.
77 Regional spatial plan must include standardised plan provisions as directed by national instrument
(1)
This section applies to a spatial plan committee, the local authorities of a region, and the Minister when performing the functions referred to in section 76(1).
(2)
The spatial plan committee, local authorities of a region, or Minister, as relevant to their decisions,—
(a)
must include a standardised plan provision in the regional spatial plan if national standards under this Act or the Natural Environment Act 2026 direct that the provision must be included; and
(b)
may include a standardised plan provision in the regional spatial plan if national standards under this Act or the Natural Environment Act 2026 direct that the provision may be included.
(3)
The spatial plan committee, local authorities of a region, or Minister, as relevant to their decisions, may do any of the following only if authorised by national standards under this Act or the Natural Environment Act 2026:
(a)
determine where a standardised plan provision applies spatially:
(b)
select which standardised plan provision, out of 2 or more alternatives set out in the national standards, it will include in the regional spatial plan:
(c)
determine any content in a standardised plan provision from within parameters set out in the national standards:
(d)
choose not to include a standardised plan provision.
(4)
The spatial plan committee, local authorities, and Minister must not amend a standardised plan provision.
78 Use of information and level of detail in regional spatial plan
(1)
When performing the functions referred to in section 76(1), the spatial plan committee, local authorities of a region, or Minister must, as relevant to their decisions,—
(a)
ensure that the regional spatial plan is, as far as practicable, based on information that is—
(i)
robust and reliable; and
(ii)
proportionate to the level of detail included in the regional spatial plan; and
(b)
be satisfied that each matter covered in the regional spatial plan—
(i)
is provided for at a spatial scale that is appropriate to the matter; but
(ii)
is not provided for at a site-specific or granular level, except as otherwise required by this Act or by a national instrument under this Act or the Natural Environment Act 2026.
(2)
If the spatial plan committee, local authorities, or Minister are using information that is uncertain or inadequate, they must—
(a)
have regard to the extent of the uncertainty or inadequacy; and
(b)
consider how the content in the regional spatial plan that is based on that information may be improved over time, for example by—
(i)
recording actions in the regional spatial plan that support the development of more certain or complete information; or
(ii)
reviewing the content under section 87 when more certain or complete information is likely to be available.
79 Provisions in regional spatial plan
A regional spatial plan—
(a)
must include objectives; and
(b)
must include maps; and
(c)
must include actions; and
(d)
may include policies, methods, or other types of provisions; but
(e)
must not include rules.
80 Overview of effect of regional spatial plans
(1)
A regional spatial plan has effect under the following legislation as provided for in that legislation:
This Act
(a)
a land use plan under this Act must implement the regional spatial plan of the relevant region (see section 103(2)(a) of this Act):
Natural Environment Act 2026
(b)
a natural environment plan under the Natural Environment Act 2026 must implement the regional spatial plan of the region (see section 106(2)(a)(i) of that Act):
Land Transport Management Act 2003
(c)
a regional land transport plan under the Land Transport Management Act 2003 must be consistent with the regional spatial plan of the region (see section 14(a)(iii) of that Act):
(d)
the Minister responsible for administering the Land Transport Management Act 2003 must take into account any relevant regional spatial plan when preparing or reviewing a government policy statement on land transport (see section 67(1)(b)(iv) of that Act):
Local Government Act 2002
(e)
a long-term plan under the Local Government Act 2002 must set out steps to implement or progress the actions for which the local authority is responsible under this subpart (see clause 26A of Schedule 10 of that Act).
(2)
This section is a guide only to the effect of key legislation that provides for the effect of regional spatial plans.
Compare: 2023 No 47 s 4
81 Statutory acknowledgements to be attached to regional spatial plan
(1)
Every statutory acknowledgement that applies in a region must be attached to the regional spatial plan for that region.
(2)
The provisions of the legislation that provide for a statutory acknowledgement apply.
(3)
The attachment of a statutory acknowledgement to a regional spatial plan is for public information only and, unless adopted by the local authorities of the region as part of the regional spatial plan, is not part of the regional spatial plan.
Spatial plan committees
82 Appointment of spatial plan committee
(1)
The local authorities of a region must work together to appoint a spatial plan committee for their region.
(2)
A spatial plan committee must be—
(a)
a joint committee of the local authorities that is appointed for the purposes of this Act in accordance with clauses 30 and 30A of Schedule 7 of the Local Government Act 2002 (which apply with all necessary modifications); or
(b)
an existing committee that—
(i)
was established under the Local Government Act 2002 or other legislation; and
(ii)
has an existing regional planning function; or
(c)
if the regional spatial plan is being prepared by a single local authority, a committee, subcommittee, or other subordinate body of that local authority that is appointed for the purposes of this Act in accordance with clause 30 of Schedule 7 of the Local Government Act 2002 (which applies with all necessary modifications).
(3)
Every local authority in the region—
(a)
is entitled to appoint at least 1 member of the spatial plan committee; but
(b)
may agree with the other local authorities (in the process agreement under clause 4 of Schedule 2) that it will not appoint a member.
(4)
The local authorities must ensure that 1 or more of the members of the spatial plan committee has knowledge, skill, and experience relating to—
(a)
te ao Māori; and
(b)
Māori development.
(5)
The Minister may appoint—
(a)
1 member to a spatial plan committee; and
(b)
1 or more additional members to that committee, if the local authorities of the region agree to that additional number of members.
(6)
A member of a spatial plan committee appointed by the Minister has the same voting rights as a member appointed by the local authorities of the region, unless the Minister directs in writing at the time of appointment that the member—
(a)
is a non-voting member; or
(b)
may vote only on specified matters.
(7)
A spatial plan committee must appoint a chairperson in accordance with any requirements prescribed in regulations.
(8)
If a spatial plan committee is an existing committee as described in subsection (2)(b),—
(a)
to the extent that the existing committee is acting as a spatial plan committee, the committee’s arrangements (including its membership, functions, and procedures) must be modified to comply with the requirements of this Act; but
(b)
for all other purposes, the existing committee’s original arrangements continue to apply.
83 Spatial plan committee’s secretariat
(1)
A spatial plan committee must appoint a secretariat to provide it with technical and administrative support.
(2)
A secretariat must include 1 or more technical experts or advisors who are appointed by the chief executive of the Ministry and whose work for the secretariat is funded by the Crown.
(3)
The secretariat, including a member appointed by the chief executive, is subject to the direction of the spatial plan committee.
Implementation plan
84 Implementation plan
(1)
A spatial plan committee must prepare and maintain an implementation plan to support the implementation of a regional spatial plan.
(2)
An implementation plan must set out—
(a)
the actions required to implement the regional spatial plan; and
(b)
the following details about each action:
(i)
relative priority:
(ii)
who is responsible for implementing it:
(iii)
the time frame for implementing it:
(iv)
any planned or secured funding.
(3)
An implementation plan must—
(a)
be prepared in the manner prescribed by regulations; and
(b)
contain any other information prescribed by regulations; and
(c)
be published (in the manner prescribed by regulations) no later than 6 months after the local authorities of a region adopt the regional spatial plan.
85 Review of implementation plan
(1)
A spatial plan committee must review and, if necessary, amend its implementation plan—
(a)
no later than 6 months after adopting a draft regional spatial plan that is a change to a regional spatial plan; and
(b)
at any other time as required by regulations.
(2)
A review of, and any amendment to, an implementation plan must be carried out in the manner prescribed by regulations.
86 Monitoring and reporting on implementation of regional spatial plan
(1)
A spatial plan committee must monitor and report annually on progress in implementing the regional spatial plan, as measured against the implementation plan.
(2)
Monitoring and reporting must be carried out in the manner prescribed by regulations.
Review of regional spatial plans
87 Review of regional spatial plan
(1)
A spatial plan committee must commence a review of all or part of a regional spatial plan if—
(a)
the regional spatial plan, or part of it, has been in force for 10 years and has not been reviewed during that period; or
(b)
a new planning document is prepared by a customary marine title group and lodged under section 86 of the Marine and Coastal Area (Takutai Moana) Act 2011; or
(c)
a national instrument requires the regional spatial plan, or part of it, to be reviewed.
(2)
A spatial plan committee may commence a review of all or part of a regional spatial plan at any time.
(3)
A spatial plan committee must, from time to time, review new information relating to the built environment and natural environment in its region to consider whether a review of all or part of a regional spatial plan is necessary or desirable.
(4)
Subsection (5) applies to a regional spatial plan that—
(a)
applies to an area that includes, or is directly adjacent to, ngā rohe moana o ngā hapū o Ngāti Porou; or
(b)
otherwise directly affects ngā rohe moana o ngā hapū o Ngāti Porou.
(5)
A spatial plan committee must commence a review of all or part of the regional spatial plan if a new environmental covenant is provided to Gisborne District Council under section 19(2) of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019.
(6)
In this section, natural environment has the meaning given in section 3 of the Natural Environment Act 2026.
88 Process for review
(1)
A spatial plan committee must give public notice of any review of a regional spatial plan.
(2)
A notice of a review must—
(a)
state when the review commences; and
(b)
identify if the review applies to all or part of the regional spatial plan (and, if the latter, which part or parts); and
(c)
set out the reasons for the review (including, if the review relates to part of a regional spatial plan, the reasons for reviewing only that part or those parts); and
(d)
be published in the manner prescribed by regulations.
(3)
After completing a review, a spatial plan committee must publish (in the manner prescribed by regulations) a report on the outcome of the review.
(4)
The report must—
(a)
summarise the reasons for the review and how the review was carried out; and
(b)
set out if the spatial plan committee recommends that the regional spatial plan be amended as a result of the review.
89 Amendments following review
If, after completing a review, a spatial plan committee recommends that a regional spatial plan be amended, the local authorities of the region must, as soon as is reasonably practicable, initiate a change to the regional spatial plan in accordance with Schedule 2 (see clause 3 of that schedule).
Dispute resolution
90 Consensus decision-making and dispute resolution process
(1)
The local authorities of a region must do all things reasonably practicable to achieve consensus with each other when making a decision on any matter under this Act relating to the preparation, change, or implementation of a regional spatial plan.
(2)
If 2 or more local authorities of a region are unable to achieve a consensus using their respective procedures on a decision to which subsection (1) applies, they must follow the dispute resolution processes prescribed by regulations.
(3)
The members of a spatial plan committee must do all things reasonably practicable to achieve consensus when making a decision on any matter under this Act relating to the preparation, change, or implementation of a regional spatial plan.
(4)
If the chairperson of a spatial plan committee determines that a spatial plan committee is unable to achieve consensus on a decision to which subsection (3) applies, the spatial plan committee must follow the dispute resolution process prescribed by regulations.
(5)
In this section and section 91, consensus means—
(a)
unanimity; or
(b)
general agreement characterised by the absence of sustained opposition on any substantial issue.
91 Parties to refer matter to Minister if dispute resolution process fails
(1)
This section applies if 2 or more local authorities in a region, or the members of a spatial plan committee, have failed to achieve consensus on a matter required for a decision after using the dispute resolution process prescribed by regulations.
(2)
The local authorities or the chairperson of the spatial plan committee (as the case requires) must advise the Minister that a decision is required on the matter.
(3)
The Minister may—
(a)
determine the matter; or
(b)
appoint an independent person to determine the matter.
(4)
The local authorities or spatial plan committee must comply with any information request from the Minister or independent person that are relevant to the matter.
(5)
The Minister or independent person must—
(a)
consider any relevant information provided to them by the local authorities or spatial plan committee; and
(b)
determine the matter, and advise the local authorities or spatial plan committee of the determination, within a reasonable time frame.
(6)
The local authorities or spatial plan committee must publish a determination in the manner prescribed by regulations.
(7)
A determination is binding on the local authorities or spatial plan committee.
Other matters
92 Territorial authorities located in 2 or more regions may opt out as decision maker in some regions
(1)
A territorial authority whose district is included within 2 or more regions—
(a)
may give notice that it chooses not to participate as a decision maker for the preparation, consideration, and adoption of a draft regional spatial plan of 1 or more of those regions; but
(b)
must not give notice in relation to all of those regions.
(2)
A notice must—
(a)
identify the draft regional spatial plan, or the proposal for a draft regional spatial plan that has not yet been prepared, to which the notice applies (the relevant draft); and
(b)
be given to every other local authority in the region to which the relevant draft would apply within the time frame (if any) prescribed by regulations; and
(c)
be published by the territorial authority in the manner prescribed by regulations.
(3)
If a territorial authority gives notice under this section, this subpart (including Schedules 2 and 4) applies with the following modifications:
(a)
a reference to the local authorities of a region, in relation to the preparation, consideration, or adoption of the relevant draft, does not include the territorial authority:
(b)
the territorial authority is not entitled to appoint a member to the spatial plan committee for the region in relation to the relevant draft:
(c)
any member of the spatial plan committee for the region previously appointed by the territorial authority ceases to be a member of the spatial plan committee in relation to the relevant draft.
93 Joint regional spatial plans
(1)
The local authorities of 2 or more regions may agree to prepare, implement, and administer a joint regional spatial plan that applies to their combined regions.
(2)
A joint regional spatial plan must be prepared in accordance with this subpart (including Schedules 2 and 4), which applies as if references to the local authorities of a region were references to the local authorities of the combined regions.
(3)
A joint regional spatial plan must clearly identify which local authority or local authorities are responsible for administering each provision of the joint regional spatial plan.
(4)
A joint regional spatial plan adopted under clause 34 of Schedule 2 by all local authorities of 1 or more regions must be treated as if it were a separate regional spatial plan for each of those regions.
Compare: 1991 No 69 s 80(3), (4), (6A), (8)–(11)
94 Special provision for Nelson and Tasman
Nelson City Council and Tasman District Council must prepare, implement, and administer a joint regional spatial plan for their combined regions in accordance with section 93(2) to (4).
95 Special provision for Chatham Islands
(1)
The Chatham Islands Council may, but is not required to, prepare a regional spatial plan for the Chatham Islands Territory.
(2)
If the Chatham Islands Council chooses to prepare a regional spatial plan, this Part (including Schedules 2 and 4) applies—
(a)
as if the Chatham Islands Territory were also a region; and
(b)
with the modifications set out in subsections (3) to (6).
(3)
The Chatham Islands Council may withdraw a draft regional spatial plan at any time before it is adopted by publishing a notice in the manner prescribed by regulations.
(4)
A spatial plan committee that reviews the regional spatial plan for the Chatham Islands Territory may recommend that the regional spatial plan be revoked and not replaced.
(5)
The Chatham Islands Council—
(a)
may revoke its regional spatial plan, and not replace it, if recommended by a review; and
(b)
must publish a notice of any revocation in the manner prescribed by regulations.
(6)
A notice under subsection (3) or (5) must include the reasons for the withdrawal or revocation.
96 Regional spatial plan must not apply to certain islands
A regional spatial plan must not apply to—
(a)
the islands referred to in section 213 of this Act (for which the Minister of Conservation has certain powers of a local authority); or
(b)
the coastal marine area surrounding those islands (for which the Minister of Conservation has certain powers of a regional council under section 219 of the Natural Environment Act 2026).
Subpart 2—Land use plans
Core requirements for plan making
97 Purpose of land use plan
(1)
The purpose of a land use plan for a district is to—
(a)
enable and regulate the use and development of land within a district (including subdivision and activities on the surface of water bodies); and
(b)
assist territorial authorities in carrying out their functions and duties under this Act.
(2)
The purpose of a land use plan for the coastal marine area is to—
(a)
enable and regulate activities, and the use and development of land, in the coastal marine area within a region; and
(b)
assist regional councils in carrying out their functions and duties under this Act.
Compare: 1991 No 69 s 72
98 Each district and region must have land use plan
There must at all times be—
(a)
a land use plan for each district; and
(b)
a land use plan for the coastal marine area within each region.
Compare: 1991 No 69 s 73(1)
99 How land use plan is prepared or changed
(1)
Schedule 3 has effect according to its terms.
(2)
(3)
(4)
Any person (other than the local authority that prepared the plan) may request a change to a land use plan in accordance with Part 2 of Schedule 3.
(5)
Part 3 of Schedule 3 sets out provisions relating to when rules in a proposed land use plan have legal effect.
Compare: 1991 No 69 s 73(1)–(2)
100 Independent hearings panel
Schedule 4 sets out provisions relating to the appointment and funding of independent hearings panels, which have functions to hold any hearing and make recommendations when a land use plan is being prepared or changed.
101 Land use plan must include standardised plan provisions as directed by national instrument
(1)
A local authority—
(a)
must include a standardised plan provision in its land use plan or a proposed land use plan if national standards direct it to include that provision; and
(b)
may include a standardised plan provision in its land use plan or a proposed land use plan if national standards direct that it may include that provision.
(2)
A local authority may do any of the following only if authorised by national standards:
(a)
determine where a standardised plan provision applies spatially:
(b)
select which standardised plan provision, out of 2 or more alternatives set out in the national standards, it will include in its plan:
(c)
determine any content in a standardised plan provision from within parameters set out in the national standards:
(d)
choose not to include a standardised plan provision.
(3)
A local authority must not amend a standardised plan provision.
102 Plan may include bespoke plan provisions if authorised or not precluded by national instrument
A local authority may include a bespoke plan provision in a land use plan or proposed land use plan only if—
(a)
a national instrument authorises the local authority to prepare a bespoke plan provision (see section 62(2)(b)); or
(b)
the national instruments do not preclude the local authority from including a bespoke plan provision.
103 Core obligations when preparing and deciding land use plan
(1)
This section sets out the core obligations that apply when—
(a)
a local authority is making a decision that a national instrument expressly authorises it to make, in relation to if and how it incorporates a standardised plan provision into its land use plan or proposed land use plan (see sections 62 and 101); and
(b)
a local authority is preparing or deciding a bespoke plan provision (see section 102).
(2)
A local authority must make its decisions in accordance with its functions and duties under sections 216, 217, and 218 so that the resulting land use plan implements—
(a)
the regional spatial plan; and
(b)
national instruments, in accordance with section 14.
(3)
However, subsection (2)(a) does not apply in relation to a provision in a regional spatial plan if the local authority is satisfied that—
(a)
the provision is out of date because of new information that supersedes the information used to determine the content of the provision in the regional spatial plan; or
(b)
there has been a significant change in circumstances since that provision was decided (for example, a major environmental or economic event).
(4)
The local authority must—
(a)
(b)
have regard to—
(i)
any statutory acknowledgement that applies to the area; and
(ii)
a relevant planning document (if any) recognised by an iwi authority and lodged with the territorial authority; and
(iii)
any determination made by the statutory officer under clause 3 of Schedule 11, including the information required by clause 3(4) of that schedule; and
(c)
to the extent that it is relevant to land use activities in the area to which the plan applies and is within the local authority’s functions or duties, have regard to each of the following:
(i)
in the case of a land use plan for a district, the extent to which the land use plan needs to be consistent with—
(A)
any land use plan or proposed land use plan of an adjacent district:
(B)
any land use plan, proposed land use plan, natural environment plan, or proposed natural environment plan that applies to the parts of the coastal marine area that are adjacent to the district:
(ii)
in the case of a land use plan for the coastal marine area, the extent to which the land use plan needs to be consistent with—
(A)
any natural environment plan or proposed natural environment plan that applies to that part of the coastal marine area:
(B)
any land use plan that applies to a district adjacent to that part of the coastal marine area:
(iii)
any relevant project area and project objectives (as those terms are defined in section 9 of the Urban Development Act 2020), if section 98 of that Act applies:
(iv)
any regulations or bylaws under any Act relating to ensuring the sustainability, or the conservation or management, of fisheries resources (including regulations or bylaws relating to taiāpure, mahinga mātaitai, or other non-commercial Māori customary fishing):
(v)
any plan relating to adapting to the effects of climate change prepared by a local authority.
(5)
The local authority must comply with—
(a)
a direction of the Minister under section 239; and
(b)
any regulations.
Compare: 1991 No 69 ss 74(1)–(2A), 75(3)
Types of provisions in land use plans
104 Provisions in land use plan
(1)
A land use plan—
(a)
must include objectives, policies, and rules; and
(b)
must include a relief framework if required by clause 65 of Schedule 3; and
(c)
may include methods; and
(d)
may include designations in accordance with Schedule 5.
(2)
A land use plan may incorporate material by reference in the manner prescribed by regulations.
Further matters relating to rules
105 Plan must not permit activity that has certain effects on protected customary rights
(1)
A land use plan or a proposed land use plan must not include a rule that classifies an activity as a permitted activity if that activity will, or is likely to, have an adverse effect that is more than minor on—
(a)
a protected customary right carried out under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011; or
(b)
a protected customary activity carried out under Part 2 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019.
(2)
This section applies despite anything to the contrary in a national instrument.
Compare: 1991 No 69 s 85A
106 Process if plan or proposed plan does not comply with section 105
(1)
If a protected customary rights group or protected customary activity hapū considers that a rule in a land use plan or proposed land use plan does not comply with section 105, the group or hapū may—
(a)
request a change to the rule in the plan in accordance with clause 48 of Schedule 3; or
(b)
make a submission on the proposed plan in accordance with Part 1 of Schedule 3; or
(c)
apply to the Environment Court in accordance with clause 47(3) of Schedule 9 for a change to the rule in the plan or proposed plan.
(2)
In determining whether a rule in a plan or proposed plan complies with section 105, the territorial authority or the Environment Court must consider the following matters:
(a)
the effects of the proposed activity on the exercise of the protected customary right or protected customary activity; and
(b)
the area that the proposed activity would have in common with the protected customary right or protected customary activity; 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 or protected customary activity must be carried out to the exclusion of other activities; and
(e)
whether the protected customary right or protected customary activity can be exercised only in a particular area.
Compare: 1991 No 69 s 85B
107 Customary marine title permitted activity rules in plan or proposed plan
(1)
A land use plan or a proposed land use plan must not include a rule that classifies an activity in the common marine and coastal area as a permitted activity unless, before including the rule, the local authority considers whether the activity (as permitted by the rule) will or is likely to have—
(a)
an adverse effect that is more than minor on the relationship of a customary marine title group with their customary marine title area; or
(b)
an adverse effect that is more than minor on the relationship of an applicant group with the area for which they seek customary marine title.
(2)
If the local authority considers that the activity will or is likely to have an adverse effect described in subsection (1)(a) or (b), the regional council must identify in the plan or proposed plan that the rule is a customary marine title permitted activity rule.
(3)
This section applies whether or not a national instrument requires that the permitted activity rule be included in the plan or proposed plan.
(4)
See also sections 66 and 68 of the Marine and Coastal Area (Takutai Moana) Act 2011, which provide that a customary marine title group has an NEP permission right in relation to an activity permitted by a customary marine title permitted activity rule in their customary marine title area.
(5)
In this section and section 108, applicant group has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011.
108 National rules that are customary marine title permitted activity rules
(1)
This section applies if a national rule that classifies an activity as a permitted activity is to apply to any part of the common marine and coastal area.
(2)
The local authority must consider whether the activity (as permitted by the national rule) will or is likely to have—
(a)
an adverse effect that is more than minor on the relationship of a customary marine title group with their customary marine title area; or
(b)
an adverse effect that is more than minor on the relationship of an applicant group with the area for which they seek customary marine title.
(3)
If the local authority considers that the activity will or is likely to have an adverse effect described in subsection (2)(a) or (b), the local authority must amend its land use plan, and any proposed land use plan, to identify the national rule as a customary marine title permitted activity rule.
(4)
The local authority must make the amendments—
(a)
so that they come into force on, or as soon as is reasonably practicable after, the date on which the national rule comes into force; and
(b)
without using the process in Schedule 3.
109 Rules to protect other property from effects of surface water may set higher performance criteria than building code
(1)
A rule in a land use plan may, for the purpose of protecting other property from the effects of surface water, include requirements that—
(a)
apply to a person undertaking building work; and
(b)
set performance criteria that are in addition to, or more restrictive than, the building code.
(2)
This section applies despite section 17(1)(a) and (j).
(3)
In this section, building code and other property have the meanings given in section 7 of the Building Act 2004.
Compare: 1991 No 69 s 76(2A)
110 Plan may permit effects that water services standard does not deal with
(1)
Subsection (2) applies if a water services standard provides that—
(a)
an activity is permitted; or
(b)
an activity does not require a land use consent.
(2)
A land use plan may permit, and impose conditions that deal with, any effects of the activity that differ from those regulated or managed in the water services standard.
(3)
However, subsection (2) does not apply if the water services standard provides otherwise.
111 Rules that modify requirements for esplanade reserves
(1)
For allotments of less than 4 hectares created by the subdivision of land, a rule in a land use plan may—
(a)
specify the required width of any esplanade reserve required under clause 38 of Schedule 7; or
(b)
provide that no esplanade reserve is required under that clause; or
(c)
provide that, instead of an esplanade reserve required under that clause, an esplanade strip of a width specified in the rule may be created in accordance with clause 44 of Schedule 7.
(2)
(3)
A rule in a land use plan may—
(a)
specify the required width of any esplanade reserve required under section 345(3) of the Local Government Act 1974 (being greater or less than the 20 metres referred to in that section); or
(b)
provide that section 345(3) of the Local Government Act 1974 does not apply.
Compare: 1991 No 69 s 77
112 Conflicts between rules and regulations
If a rule in a land use plan is inconsistent with a regulation under this Act, the regulation prevails.
Compare: 1991 No 69 s 76(2)
Incentives
113 Methods relating to incentives
A method in a land use plan may provide an incentive to a land owner to undertake an activity only if—
(a)
the local authority considers that the activity will help achieve the objectives and policies of the plan; and
(b)
the incentive complies with the requirements, if any, prescribed by a national instrument or regulations.
Regulatory relief
114 Obligations relating to regulatory relief in Schedule 3
Part 4 of Schedule 3 sets out obligations relating to regulatory relief and has effect according to its terms.
Future provisions
115 Land use plan may make area subject to future provisions
(1)
A land use plan may provide that an area in a district is subject to—
(a)
temporary provisions; and
(b)
future provisions.
(2)
If an area is subject to temporary and future provisions,—
(a)
the future provisions apply to the area on and from the date that the territorial authority gives notice under section 117 that the relevant rules are met; and
(b)
the temporary provisions apply to the area until that date.
116 Requirements for making area subject to temporary and future provisions
(1)
If a land use plan provides that an area is subject to temporary and future provisions, the plan must—
(a)
include rules that set requirements that, if met, will enable the territorial authority to give public notice that the future provisions apply to the area; and
(b)
clearly identify all of the future provisions; and
(c)
clearly identify all of the temporary provisions.
(2)
The rules described in subsection (1)(a) may—
(a)
describe, or specify performance standards for, any infrastructure that is required; or
(b)
specify events that must occur (including by specifying that an agreement must be reached); or
(c)
specify any other condition that must be met.
117 Local authority must give notice if requirements are satisfied
(1)
A local authority must give public notice that future provisions replace temporary provisions in an area if—
(a)
the local authority is satisfied that the rules described in section 116(1)(a) for that area are met; and
(b)
all of the following provisions are operative:
(i)
the rules described in section 116(1)(a):
(ii)
the future provisions.
(2)
The notice must—
(a)
describe the area to which the future provisions apply; and
(b)
specify the date on and from which the future provisions will apply; and
(c)
summarise the future provisions and the temporary provisions they replace.
(3)
A local authority that gives notice must, without using the process in Schedule 3, amend its land use plan to record that on and from the date specified in the notice—
(a)
the future provisions apply to the area; and
(b)
the temporary provisions no longer apply to that area.
(4)
To avoid doubt, there is no right of appeal against, and no right to apply to the Planning Tribunal for review of, a decision of a local authority to give or refuse to give notice under this section.
Changing provisions in land use plan without using Schedule 3 process if authorised by planning consent
118 Applying for planning consent that authorises change to plan provisions
(1)
A person may apply under section 132 for a planning consent that authorises a change to the provisions in a land use plan that apply to an area under section 119.
(2)
A plan may be changed under section 119 only if the change—
(a)
involves the application of standardised plan provisions to the area; and
(b)
does not include any bespoke provisions.
(3)
See also section 169.
(4)
For the purposes of this section and section 119, a subdivision consent is given effect to if the territorial authority has issued a certificate under clause 23 of Schedule 7 (certificate that consent conditions are complied with) for that consent.
119 Local authority may change plan provisions if authorised by planning consent
(1)
This section applies if—
(a)
a planning consent has been granted under section 169 that authorises a change to provisions in a land use plan that apply to an area; and
(b)
the local authority (as the consent authority) is satisfied that the consent has been given effect to.
(2)
The local authority must decide whether the standardised plan provisions identified in the consent would result in provisions that are more appropriate for the area than the operative provisions that apply to that area.
(3)
The local authority—
(a)
must make its decision under subsection (2) in accordance with section 103 (but not section 103(2)(a)); and
(b)
must not decide that the standardised plan provisions are more appropriate unless satisfied that the change is not inconsistent with the regional spatial plan.
(4)
If the local authority decides that the standardised plan provisions identified in the consent are more appropriate, it must, without using the process in Schedule 3, amend its land use plan to replace the operative plan provisions that apply to the area with the standardised plan provisions identified in the consent.
(5)
The local authority must publish (in the manner prescribed by regulations) a notice of any change under subsection (4) no later than 5 working days after amending its plan.
(6)
To avoid doubt, there is no right of review to the Planning Tribunal, and no right of appeal, against a decision of a local authority to change or refuse to change provisions under this section.
Review of land use plans
120 Review of provisions in land use plan at least every 10 years
(1)
A local authority must commence a review of a provision in a land use plan if that provision has been operative for 10 years and has not been subject to either of the following during that period:
(a)
a proposed plan or private plan change:
(b)
a review under this section.
(2)
If, after reviewing the provision, the local authority considers that the provision should be amended, the local authority must prepare and notify for submissions (in accordance with Schedule 3) a proposed plan to amend or replace the provision.
(3)
If, after reviewing the provision, the local authority considers that the provision does not need to be amended, the local authority must prepare and notify for submissions (in accordance with Schedule 3) a proposed plan that includes the provision unchanged.
(4)
A provision in a land use plan does not cease to be operative because the provision is due for review, or is being reviewed, under this section.
(5)
A local authority may commence a review of a provision in a land use plan at any time.
(6)
To avoid doubt, a local authority may choose to comply with subsections (1) to (3) by carrying out a full review of all provisions in its land use plan (regardless of when those provisions became operative or were last reviewed) and proceeding to prepare, and notify for submissions, a proposed plan.
Compare: 1991 No 69 s 79
Other matters
121 Joint land use plans
(1)
Two or more local authorities may agree to prepare, implement, and administer a joint land use plan that applies to their combined areas.
(2)
A joint land use plan—
(a)
must be prepared in accordance with subpart 2 (including Schedule 3); and
(b)
must clearly identify which local authority or local authorities are responsible for administering each provision of the joint land use plan.
(3)
(4)
A joint land use plan (or provision in a joint land use plan) that becomes operative in accordance with clause 44 of Schedule 3 in relation to 1 or more local authorities must be treated as if it were a separate land use plan (or a provision in a separate land use plan) for each area of those local authorities.
(5)
Clauses 30 and 30A of Schedule 7 of the Local Government Act 2002 apply to the appointment and conduct of any joint committee set up for the purposes of preparing, implementing, or administering a joint land use plan.
(6)
In this section, area,—
(a)
in relation to a territorial authority, means the district of the territorial authority; and
(b)
in relation to a regional council, means the coastal marine area that is within the region of the regional council.
Compare: 1991 No 69 s 80(3), (4), (6A), (8)–(11)
122 Statutory acknowledgements to be attached to land use plans
(1)
Every statutory acknowledgement that applies in a district must be attached to the land use plan for that district.
(2)
Every statutory acknowledgement that applies in part of the coastal marine area within a region must be attached to the land use plan for that region.
(3)
The provisions of the legislation that provide for a statutory acknowledgement apply.
(4)
The attachment of a statutory acknowledgement to a land use plan is for public information only and, unless adopted by the territorial authority as part of the plan, is not part of the plan.
123 Disputes relating to whether land use plan implements national instruments or regional spatial plan
(1)
This section applies if there is a dispute about whether a land use plan implements—
(a)
a national instrument; or
(b)
the regional spatial plan.
(2)
The Minister, the local authority responsible for the land use plan, or the spatial plan committee responsible for the regional spatial plan may refer the dispute to the Environment Court.
(3)
If the Environment Court considers that the land use plan does not implement the national instrument or regional spatial plan, the court must order the local authority to amend the land use plan in accordance with section 61(1) or (2) (as applicable).
(4)
However, the Environment Court does not need to make an order if it considers that the departure from the national instrument or the regional spatial plan is minor or inconsequential.
Compare: 1991 No 69 s 82
124 Presumption of validity
If a local authority asserts that a land use plan or a provision in a land use plan is operative, the plan or provision—
(a)
must be treated as having been prepared and approved in accordance with Schedule 3; and
(b)
must not be challenged except by an enforcement order of a kind specified in section 259(1)(g) (see section 261(3) for application requirements).
125 Local authority must comply with and enforce land use plan
(1)
A local authority—
(a)
must comply with its own land use plan and any rule of its proposed land use plan that has legal effect; and
(b)
to the extent of its authority, must enforce compliance with its plan and any rule of its proposed plan that has legal effect.
(2)
No purported grant of a planning consent, and no waiver from a plan or a rule in a proposed plan that has legal effect, whether written or otherwise, has effect to the extent that it is contrary to subsection (1).
(3)
Subsection (2) does not apply if the non-compliance is authorised by this Act.
Compare: 1991 No 69 s 84
126 Boundary adjustments
(1)
If the boundaries of a district are changed so that any area that was previously part of the district is administered by a different territorial authority, the land use plan and any proposed land use plan that applied to the area before the boundary change—
(a)
continue to apply to the area; and
(b)
are to be treated as part of the land use plan or proposed plan of the different territorial authority.
(2)
If the boundaries of a region are changed so that any part of the coastal marine area that was formerly part of the region is administered by a different regional council, any land use plan or proposed land use plan that applied to that part of the coastal marine area before the boundary change—
(a)
continues to apply to that part of the coastal marine area; and
(b)
is to be treated as part of the land use plan or proposed plan of the different regional council.
(3)
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 planning consent; or
(b)
until the land use plan provides that the land may be used as proposed.
(4)
If the boundaries of a district are changed to include a new area,—
(a)
the territorial authority must, as soon as practicable (but not later than 2 years after the change to the boundaries), change its land use plan to apply it to the new area; and
(b)
on and from the date that those changes are operative, subsections (1) and (3) do not apply to the area.
(5)
If the boundaries of a region are changed to include a new part of the coastal marine area,—
(a)
the regional council must, as soon as practicable (but not later than 2 years after the change to the boundaries), change its land use plan to apply it to the new part of the coastal marine area; and
(b)
on and from the date that those changes are operative, subsection (2) does not apply to that part of the coastal marine area.
127 Land use plan optional if relevant Minister is territorial authority
(1)
Subsection (2) applies to an area of New Zealand for which the relevant Minister is the territorial authority under section 22(1) of the Local Government Act 2002.
(2)
The relevant Minister may, but is not required to, prepare a land use plan for the area.
(3)
In this section, relevant Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for administering the Local Government Act 2002.
128 Environment Court may give directions for land subject to controls
(1)
An interest in land is deemed not to be taken or injuriously affected by reason of any provision in a land use plan unless otherwise provided for in this Act.
(2)
Despite subsection (1), a person with an interest in land to which a provision of a land use plan or a proposed land use plan applies, and who considers that the provision would severely impair the reasonable use of that interest in land, may challenge the provision on those grounds—
(a)
in a submission made under Part 1 of Schedule 3 in respect of a proposed plan; or
(b)
in a change request under clause 48 of Schedule 3 in respect of a plan.
(3)
Despite subsection (1), if an appeal is made to the Environment Court in relation to a provision of a proposed land use plan, the court may give a direction under subsection (4) after—
(a)
being satisfied that the provision—
(i)
would severely impair the reasonable use of land; and
(ii)
places an unfair and unreasonable burden on any person who has an interest in that land; and
(b)
(c)
taking into account any relief provided under Part 4 of Schedule 3 in relation to the land.
(4)
The Environment Court may direct the local authority to do 1 or more of the following:
(a)
at the local authority’s choosing,—
(i)
modify, delete, or replace the provision in the land use plan or proposed land use plan in the manner directed by the court; or
(ii)
acquire all or part of an estate or interest in the land under the Public Works Act 1981, as long as—
(A)
the person with the estate or interest in the land or part of it agrees; and
(B)
the requirements of subsection (5) are met:
(b)
make a monetary payment:
(c)
waive or reduce local government rates or fees for planning consent applications:
(d)
grant similar or alternative development rights elsewhere:
(e)
offer alternative parcels of land in exchange for the affected site:
(f)
provide access to targeted grant programmes for restoration, fencing, planting, or other mitigation activities.
(5)
The local authority must not choose a direction under subsection (4)(a)(ii) unless—
(a)
the person with the estate or interest in the land concerned (or the spouse, civil union partner, or de facto partner of that person)—
(i)
acquired the estate or interest in the land before the date on which the provision was first notified or otherwise included in the relevant plan or proposed plan; and
(ii)
the provision remained in substantially the same form; and
(b)
the person with the estate or interest in the land consents to the giving of the direction.
(6)
A direction has effect under this Act as if it were given under clause 46 of Schedule 9.
(7)
Subsections (3) to (6) do not limit the powers of the Environment Court under clause 46 of Schedule 9 on an appeal made under Schedule 3.
(8)
Part 4 of Schedule 3 does not provide relief for any matter to which subsection (1) may apply, but is relevant for the purposes of this section to the extent that any relief provided under that Part must be taken into account for the purposes of subsection (3).
(9)
In this section,—
provision of a land use plan or proposed land use plan does not include a designation or proposed designation
reasonable use, in relation to land, includes the use or potential use of the land for any activity where the actual or potential effects on any land use or on any person (other than the person challenging the provision) would not be significant.
Compare: 1991 No 69 s 85
Subpart 3—Designations
129 Schedule 5 sets out provisions relating to designations
(1)
Schedule 5 sets out provisions relating to designations and has effect according to its terms.
(2)
By way of overview,—
(a)
Part 1 of Schedule 5 sets out the effect of a designation and a proposed designation; and
(b)
Part 2 of Schedule 5 contains provisions relating to designating authorities, being the entities that may propose and hold a designation; and
(c)
(d)
Part 5 of Schedule 5 sets out the requirements for construction project plans; and
(e)
Part 6 of Schedule 5 sets out other matters relating to designations, namely provisions relating to—
(i)
approvals from a designating authority; and
(ii)
the alteration, removal, lapse, and transfer of designations; and
(iii)
acquiring land.
Part 4 Planning consents
Subpart 1—Types of consent
130 Meaning of planning consent
In this Act, a planning consent or consent means either of the following:
(a)
a land use consent, which is a consent to use land or to carry out an activity in, on, under, or over the coastal marine area in a manner that would otherwise contravene section 21 or 22:
(b)
a subdivision consent, which is a consent to subdivide land in a manner that would otherwise contravene section 23.
Subpart 2—Applying for planning consent
General requirements
131 Prior consultation not required
The following applies to an applicant for a planning consent and the consent authority:
(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 legislation to consult any person about the application; and
(c)
each may consult any person about the application.
Compare: 1991 No 69 s 36A
132 Applying for planning consent
(1)
A person may apply for a planning consent by lodging an application with the consent authority in the manner prescribed in regulations.
(2)
An application must include—
(a)
the information required by Schedule 6; and
(b)
any other information prescribed by regulations.
(3)
An applicant must ensure that information required by subsection (2) is provided at a level of detail that is proportionate to the scale and significance of the effects of the activity to which the application relates.
(4)
A consent authority may accept an application that does not fully comply with subsection (2) if the authority is satisfied that the information provided by the applicant is at a level of detail that is proportionate to the scale and significance of the effects of the activity to which the application relates.
(5)
An application is lodged on the date that it is received by the relevant consent authority.
Compare: 1991 No 69 s 88(1), (2), (2AA), (2AB)
133 Activity classification to remain the same
(1)
This section applies if—
(a)
an application for a planning consent has been lodged under section 132; and
(b)
the activity classification of the activity (being restricted discretionary or discretionary) is changed after the application was first lodged as a result of—
(i)
a rule in a proposed land use plan that is notified; or
(ii)
a decision being made under clause 28(2) of Schedule 3; or
(iii)
any other matter.
(2)
The application must continue to be processed, considered, and decided as if the activity had the same activity classification that it had when the application was first lodged.
(3)
This section does not affect a requirement in section 164 to have regard to any relevant provisions of a land use plan or proposed land use plan that exists when the application is considered.
Compare: 1991 No 69 s 88A
134 Joint application for planning consent and exchange of recreation reserve land
(1)
A person may make a joint application for a planning consent and an exchange of recreation reserve land under section 15AA of the Reserves Act 1977 if the 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.
(2)
If a joint application is made, the application to exchange recreation reserve land must be—
(a)
processed, with the planning consent application, in accordance with this Part; and
(b)
decided under section 15AA of the Reserves Act 1977.
Compare: 1991 No 69 s 88(1A), (6)
135 Applications to territorial authorities for consent if 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 planning 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 that the application is made, the proposed location of the activity is still within the coastal marine area.
(3)
The 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 188 applies to every consent granted under subsection (3).
Compare: 1991 No 69 s 89
136 Application affecting navigation to be referred to Maritime New Zealand
(1)
This section applies to an application for a land use consent to enter onto or pass across the surface of water in a navigable lake or river.
(2)
The consent authority must send a copy of the application to Maritime New Zealand.
(3)
Maritime New Zealand must report to the consent 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 frame, the consent authority may take the failure as an indication that Maritime New Zealand has nothing to report.
(5)
The consent 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
137 Application relating to area where group seeks customary marine title
(1)
If a person applies for a planning 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 under section 139 if this is not done.
(2)
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(7), (8)
138 Application relating to ORE generation infrastructure activities
(1)
If a person applies for a planning consent for any ORE generation infrastructure activities (excluding decommissioning activities),—
(a)
the applicant must be the permit holder of a current feasibility permit or commercial permit granted under the Offshore Renewable Energy Act 2026 that applies to the area to which it is proposed that the planning consent will apply; and
(b)
the applicant must include the details of the feasibility permit or commercial permit in the application.
(2)
A consent authority may, at any time, determine that the application is incomplete if the applicant does not comply with subsection (1).
139 Consent authority may return incomplete application
(1)
A consent authority may, within 10 working days after an application is lodged, determine that an application is incomplete if the application does not include the information required by section 132(2).
(2)
If the consent authority decides that the application is incomplete, it must immediately return the application to the applicant with written reasons for the decision.
(3)
A person may apply to the Planning Tribunal to review a decision that an application is incomplete.
(4)
If an application that has been returned under this section is lodged again with the consent authority, that application must be treated as a new application.
Compare: 1991 No 69 s 88(3), (3A), (4)
140 Deferral pending application for additional consents
(1)
A consent authority may determine not to proceed with the notification or hearing of an application for a planning consent if it considers on reasonable grounds that—
(a)
other planning 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 planning consents be made before proceeding further.
(2)
The consent authority must—
(a)
make a determination under subsection (1)—
(i)
before it decides whether to give public or targeted notification, or decides to not notify, an application for a planning consent under section 147; and
(ii)
before a hearing is held in relation to the application; and
(b)
notify the applicant of the determination.
(3)
The determination does not affect whether notification or hearing of the application is required.
(4)
The applicant may apply to the Planning Tribunal to review a determination under this section.
Compare: 1991 No 69 s 91
Time frames
141 Consent processing time frames
(1)
The maximum processing time frames for applications for planning consents—
(a)
are set out in the table in subsection (3); and
(b)
are subject to—
(i)
other provisions of this Act; and
(ii)
any time frames and excluded time periods prescribed by regulations made under section 324.
(2)
For the purposes of this section, the processing of an application—
(a)
begins on the first working day after the date that the application is lodged under section 132(5); and
(b)
ends on the date that the consent authority notifies the applicant of the decision on the application.
(3)
The processing time frames for planning consents are as follows:
| Type of notification | Maximum processing time frame | |
|---|---|---|
| Non-notified consent without hearing | 45 working days | |
| Non-notified consent with hearing | 50 working days | |
| Targeted notified consent without hearing | 70 working days | |
| Targeted notified consent with hearing | 100 working days | |
| Publicly notified consent without hearing | 90 working days | |
| Publicly notified consent with hearing | 130 working days |
(4)
A consent authority must suspend the processing of an application for a planning consent in the manner prescribed in regulations.
(5)
The time during which the processing of an application is suspended under subsection (4) does not count towards the maximum processing time frame.
142 Certain consents must be processed and decided no later than 1 year after lodgement
(1)
The time period within which a consent authority must process and decide an application for a planning consent for a specified energy activity or wood-processing activity (the time period) is 1 year after the date that the application is lodged.
(2)
An extension of the time period for a further period not exceeding 1 year—
(a)
must be granted by the consent authority if—
(i)
the extension is requested by the applicant; or
(ii)
the application is for the establishment of a hydro-electricity activity or geothermal activity and the extension is requested under subsection (4); and
(b)
may be granted by the consent authority no more than once in relation to any other specified energy activity or wood-processing activity if the extension is requested under subsection (4).
(3)
When deciding a request for an extension to which subsection (2)(b) applies, the consent authority must—
(a)
consider all requests of that kind received before the expiry of the time period; and
(b)
if the time period has been extended under subsection (2)(a), consider all requests for extension from the applicant received before the expiry of the extended time period.
(4)
The following groups may request an extension of the time period for the purpose of recognising or providing for a Treaty settlement or other arrangement:
(a)
iwi authorities:
(b)
post-settlement governance entities:
(c)
ngā hapū o Ngāti Porou as defined in section 10 of the Ngā Rohe Moana o Ngā Hāpu o Ngāti Porou Act 2019:
(d)
iwi or hapū who are party to a joint management agreement that applies in the region:
(e)
customary marine title groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011):
(f)
protected customary rights groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011):
(g)
applicant groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011).
(5)
A request for extension must be made to the consent authority before the expiry of the time period or extended time period and may be made more than once.
(6)
If the time period is extended, the total time within which a consenting authority must process and decide an application under this section must not exceed 2 years after the date that the application is lodged.
(7)
The processing and deciding of an application must be paused by the consent authority at the applicant’s request.
(8)
The time during which processing and deciding of an application is paused under subsection (7) does not count towards the time period or extended time period.
(9)
This section applies despite any time frames or excluded time periods that are prescribed in regulations.
Compare: 1991 No 69 s 88BA
Consent authority may require further information or report
143 Request for further information
(1)
A consent authority may request that the applicant provide further information relating to an application for a planning consent at any reasonable time before the hearing of the application or, if no hearing is held, before the decision to grant or refuse to grant the consent.
(2)
The consent authority may make a request only if it is satisfied that—
(a)
the information requested does not relate to an effect that is outside the scope of this Act; and
(b)
obtaining the information will ensure that the consent authority has sufficient and necessary information to understand the implications of its decision, after considering—
(i)
the cost and feasibility of obtaining the information; and
(ii)
the scale and significance of the effects of the activity to which the decision relates.
(3)
A consent authority may request further information from an applicant only once in relation to any 1 application, unless—
(a)
the applicant agrees that the consent authority may make a further request for further information; or
(b)
the information provided by the applicant as a result of a request for further information under subsection (1) changes the consent authority’s understanding of the effects of the proposed activity; or
(c)
the applicant changes the proposal to which the application relates.
(4)
Subsection (3) applies only if the applicant has satisfied the request for further information made under subsection (1).
(5)
A consent authority that requests further information must do so in the manner prescribed in regulations.
Compare: 1991 No 69 s 92(1)
144 Request for report
(1)
A consent authority may commission a person to prepare a report on a matter relating to the application, which may include a matter relating to information provided by the applicant in the application or under section 143,—
(a)
at any reasonable time before the hearing of an application for a planning consent or, if no hearing is held, before the decision to grant or refuse to grant the consent; and
(b)
only if the applicant is notified before the consent authority commissions the report, and does not refuse, in accordance with the regulations, to agree to the commissioning of the report.
(2)
The consent authority may notify the applicant that it wants to commission a report only if it is satisfied that—
(a)
the report does not relate to an effect that is outside the scope of this Act; and
(b)
the activity to which the application relates may, in the authority’s opinion, have significant adverse effects on the built environment; and
(c)
obtaining the report will ensure that the consent authority has sufficient and necessary information to understand the implications of its decision, after considering—
(i)
the cost and feasibility of obtaining the report; and
(ii)
the scale and significance of the effects of the activity to which the decision relates.
(3)
A report commissioned under subsection (1) may be in the form of a review of the information provided by the applicant in the application or under section 143.
(4)
If the report is a review of the information provided by the applicant—
(a)
it must be carried out by an expert appointed by the consent authority; and
(b)
it must be limited to an assessment of the methodology used to reach the conclusion of that information.
(5)
A consent authority that commissions a report under this section must do so in the manner prescribed in regulations.
Compare: 1991 No 69 s 92(2)
145 Response to request for further information or report
An applicant that receives a request for further information under section 143, or notification that the consent authority wants to commission a report under section 144, must respond to the consent authority in the manner prescribed in regulations.
Compare: 1991 No 69 s 92A
146 Consequences of applicant’s failure to respond to requests, etc
(1)
A consent authority may decide that an application for a planning consent is incomplete if—
(a)
the applicant was required to provide one of the following responses:
(i)
to provide further information in response to a request under section 143 within the time frame prescribed in regulations; or
(ii)
to tell the consent authority in a written notice whether the applicant agrees to the commissioning of a report under section 144 within the time frame prescribed in regulations; or
(iii)
to pay an administrative fee to the consent authority required under section 329 or 330 and specified in a written notice by an agreed date; or
(iv)
to give the consent authority written approval for a proposed activity under section 151(1)(b)(i) by an agreed date; and
(b)
3 months after the expiry of the applicable time frame specified in paragraph (a), the applicant has not provided the required response; and
(c)
the consent authority has notified the applicant of its intention to return the application.
(2)
After deciding that an application is incomplete under this section, the consent authority may return the application to the applicant with written reasons for the decision.
(3)
If, after an application has been returned as incomplete, that application is lodged again with the consent authority, that application is to be treated as a new application.
(4)
In this section, agreed date means a date agreed between the applicant and the consent authority.
Compare: 1991 No 69 s 92AA
Subpart 3—Notification, submissions, and hearings
Notification
147 Time limit for public notification or targeted notification
A consent authority must, within 20 working days after the application is lodged,—
(a)
decide whether to give public or targeted notification of an application for a planning consent in accordance with sections 148 and 149; and
(b)
notify the applicant, in the manner prescribed in regulations, if it decides to do so.
Compare: 1991 No 69 s 95
148 Mandatory public notification in some circumstances
A consent authority must publicly notify an application for a planning consent if—
(a)
the applicant has requested that the application be publicly notified:
(b)
the application is made jointly with an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977:
(c)
a rule in a land use plan or national rule requires public notification in relation to the activity to which the application relates.
149 Notification requirements if section 148 does not apply
(1)
This section applies if an application for a planning consent is not required to be publicly notified under section 148.
Certain affected groups and affected persons must be notified
(2)
A consent authority must determine—
(a)
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 planning consent for an accommodated activity); and
(b)
whether—
(i)
the proposed activity is on or adjacent to, or may affect, land that is the subject of a statutory acknowledgement; and
(ii)
the person to whom the statutory acknowledgement is made is an affected person under section 151.
(3)
The consent authority must notify the application to each affected group and each affected person identified under subsection (2), unless subsection (7) applies.
Notification requirements if adverse effects more than minor
(4)
A consent authority must decide whether the activity will have, or is likely to have, adverse effects on the built environment that are more than minor, in accordance with section 150.
(5)
If the consent authority decides that the activity will have, or is likely to have, adverse effects on the built environment that are more than minor, the consent authority must also decide—
(a)
whether there are affected persons, in accordance with section 151; and
(b)
whether all affected persons can be identified in the manner prescribed in regulations.
(6)
If all affected persons can be identified under subsection (5), the consent authority—
(a)
must notify those persons of the application (targeted notification); and
(b)
must not publicly notify the application.
(7)
A consent authority must publicly notify the application if—
(a)
it decides that the activity will have, or is likely to have, adverse effects on the built environment that are more than minor; and
(b)
either—
(i)
there are no affected persons; or
(ii)
it is not possible, or it is impractical, to identify all affected persons under subsection (5).
(8)
Subsections (4) to (6) do not apply if a land use plan, national rule, or water services standard precludes targeted notification in relation to the activity to which the application relates.
(9)
Subsection (7) does not apply if a land use plan, national rule, or water services standard precludes public notification in relation to the activity to which the application relates.
Compare: 1991 No 69 s 95B
150 Whether adverse effects likely to be more than minor
(1)
This section applies to a consent authority that is deciding, under section 149(4), whether an activity will have, or is likely to have, adverse effects on the built environment that are more than minor.
(2)
A consent authority must not have regard to—
(a)
any effect on persons who own or occupy the land in, on, or over which the activity will occur; and
(b)
any adverse effect of the activity if a rule in a land use plan or a national rule permits an activity with that effect; and
(c)
in the case of a restricted discretionary activity, any adverse effect of the activity that does not relate to a matter for which a rule in a land use plan or a national rule reserves discretion; and
(d)
any effect on a person who has given written approval to the application.
Compare: 1991 No 69 s 95D
151 Whether person is affected person
(1)
For the purpose of section 149(2)(b)(ii) and (5),—
(a)
a person is an affected person if the consent authority decides that the activity’s adverse effects on the person are more than minor; but
(b)
a person is not an affected person if—
(i)
the person has given, and not withdrawn, approval for the proposed activity in a written notice received by the consent authority before the authority has decided whether there are any affected persons; or
(ii)
the consent authority is satisfied that it is unreasonable in the circumstances for the applicant to seek the person’s written approval.
(2)
When assessing whether an activity’s adverse effects on a person are more than minor, the consent authority—
(a)
must disregard an adverse effect of the activity on the person if a rule in a land use plan or a national rule permits an activity with that effect; and
(b)
if the activity is a restricted discretionary activity, must disregard an adverse effect of the activity on the person if the effect does not relate to a matter for which a rule in a land use plan or a national rule has reserved discretion; and
(c)
must have regard to every relevant statutory acknowledgement.
Compare: 1991 No 69 s 95E
152 Meaning of affected protected customary rights group
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—
(a)
the activity may have adverse effects on a protected customary right carried out in accordance with Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011; and
(b)
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 consent authority before the authority has made a determination under section 149(2).
Compare: 1991 No 69 s 95F
153 Meaning of affected customary marine title group
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—
(a)
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
(b)
the customary marine title group has not given written approval for the activity in a written notice received by the consent authority before the authority has made a determination under section 149(2).
Compare: 1991 No 69 s 95G
Submissions on applications
154 Submissions on applications
(1)
If public notification is given for an application for a planning consent, the following persons may make a submission about it to the consent authority:
(a)
a qualifying person of the district to which the application relates:
(b)
a person who is not a qualifying person of the district to which the application relates if that person is an affected person under section 151.
(2)
If public notification is given for an application for a planning consent in relation to an activity for which the consent authority is the regional council under section 217, the following persons may make a submission about it to the consent authority:
(a)
a qualifying person of the region to which the application relates:
(b)
a person who is not a qualifying person of the region to which the application relates if that person is an affected person under section 151.
(3)
If targeted notification is given for an application for a planning consent, a person served with notice of the application may make a submission about it to the consent authority.
Compare: 1991 No 69 s 96
155 Form and service of submissions
(1)
A submission must—
(a)
be made in the manner prescribed in regulations; and
(b)
make a case that is reasonable and relevant to the application for a planning consent that is the subject of the submission.
(2)
A submission, or part of a submission, that does not comply with subsection (1)(b) may be struck out by the consent authority under section 156.
Compare: 1991 No 69 s 96
156 Striking out submissions
(1)
A consent authority may, in the manner prescribed in regulations, strike out a submission, or part of a submission, if the consent authority considers that the submission or the part discloses no reasonable or relevant case in relation to the application.
(2)
A person may apply to the Planning Tribunal to review a consent authority’s decision to strike out a submission or part of a submission.
Hearings
157 Consent authority or commissioner may refer to conference or mediation
(1)
A consent authority or hearings commissioner may, in accordance with the requirements prescribed in regulations,—
(a)
invite or require any of the persons specified in subsection (2) to attend a conference for the purpose of—
(i)
clarifying a matter or an issue; or
(ii)
facilitating the resolution of an issue; and
(b)
invite persons who are experts on the subject matter of the application to attend an expert conference; and
(c)
invite or require any of the persons specified in subsection (2) to attend mediation.
(2)
The persons are—
(a)
an applicant for a planning consent:
(b)
some or all submitters:
(c)
the consent authority:
(d)
any other person the consent authority considers appropriate.
(3)
A conference, expert conference, or mediation must be conducted in accordance with the prescribed requirements.
(4)
A consent authority or hearings commissioner may—
(a)
decline to process an application for a planning consent if the applicant fails, without reasonable excuse, to attend a conference or mediation; or
(b)
strike out a submission, or part of a submission, if the person who made the submission fails, without reasonable excuse, to attend a conference or mediation.
158 Obligation to hold hearing
(1)
A hearing must not be held in relation to an application for a planning consent unless—
(a)
the applicant has requested a hearing; or
(b)
subsection (2) applies.
(2)
This subsection applies if—
(a)
a person who made a submission in respect of that application has requested to be heard and has not subsequently advised that they do not wish to be heard; and
(b)
the consent authority considers that conducting a hearing will be the most effective and efficient means to test the information, and any issues, related to the application; and
(c)
the parties have attended a conference or mediation under section 157, if the commissioner who is delegated under section 159 to decide the application considers a conference or mediation to be appropriate.
(3)
A hearing must be conducted in the manner prescribed in regulations.
Compare: 1991 No 69 s 100
159 Decision by commissioner
The consent authority must delegate, under section 229(1), its functions, powers, and duties required to hear and decide an application for a planning consent to 1 or more hearings commissioners who are not members of the consent authority if—
(a)
the application is notified; and
(b)
either—
(i)
the applicant has requested that a commissioner hear and decide the application; or
(ii)
a hearing will be held in relation to the application.
Compare: 1991 No 69 s 100A
160 Combined hearing for 2 or more applications in relation to same proposal
(1)
If 2 or more applications for planning consents in relation to the same proposal have been made to a consent authority and the applications are to be heard, the hearings commissioner must hear and decide those applications together unless—
(a)
the commissioner considers that the applications are sufficiently unrelated that it is unnecessary to hear and decide the applications together; and
(b)
the applicant agrees that the applications need not be heard and decided together.
(2)
A hearing under this section must be conducted in the manner prescribed in regulations.
161 Joint hearing if 2 or more consent or permit authorities
(1)
If applications for planning consents in relation to the same proposal have been made to 2 or more consent authorities and those applications are to be heard, the hearings commissioner must hear and consider those applications together.
(2)
If 1 or more applications for a planning consent under this Act and 1 or more applications for a natural resource permit under the Natural Environment Act 2026 have been made in relation to the same proposal, and those applications are to be heard, the commissioner must hear and consider those applications together.
(3)
However, the commissioner need not hear and consider the applications together if—
(a)
the consent authorities and permit authorities agree that the applications are sufficiently unrelated that hearing the applications together is unnecessary; and
(b)
the applicant agrees that the applications need not be heard together.
(4)
A hearing under this section must be conducted in the manner prescribed in regulations.
Subpart 4—Consideration of application and decision
162 What this subpart does
This subpart sets out the matters that apply when a consent authority is considering a planning consent application and any submissions on the application.
163 Matters that consent authority must disregard
(1)
The consent authority must not have regard to—
(a)
any effect that is outside of the scope of this Act (see section 17):
(b)
any effect on a person who has given written approval to the application:
(c)
any adverse effect of the activity on the built environment if the land use plan or a national rule permits an activity with that effect.
(2)
See also—
(a)
section 164(2), which provides that if a planning consent application is for an activity that is a restricted discretionary activity, the consent authority may have regard to a matter only if discretion is reserved in relation to that matter by a land use plan, proposed land use plan, national rule, or water services standard; and
(b)
section 14, which applies to a consent authority when considering a planning consent application.
(3)
Subsection (1)(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 decided.
164 Consideration of planning consent application
(1)
The consent authority must have regard to the following:
(a)
(b)
any effect that is—
(i)
positive:
(ii)
cumulative:
(c)
any measure proposed or agreed to by the applicant to avoid, remedy, mitigate, offset, or compensate for any adverse effects on a person or the built environment resulting, or likely to result, from the activity:
(d)
any relevant provisions of a water services standard:
(e)
any relevant provisions of key instruments in accordance with sections 14 and 15:
(f)
if the application is affected by section 191, the value of the investment to the existing consent holder:
(g)
the matters specified in sections 165 to 173.
(2)
However, if a planning consent application is for an activity that is a restricted discretionary activity, the consent authority may have regard to a matter only if discretion is reserved in relation to that matter by any of the following:
(a)
a land use plan or proposed land use plan:
(b)
a national rule:
(c)
a water services standard.
165 Matters relevant to activities affecting drinking water supply source water
A 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.
166 Matters relevant to application for reclamation
Section 166(2) of the Natural Environment Act 2026 applies to an application for a reclamation.
167 Matters relevant to application relating to wastewater network
(1)
If the planning consent application relates to a wastewater network, as defined in section 5 of the Water Services Act 2021, the consent authority—
(a)
must not grant the consent contrary to—
(i)
a wastewater environmental performance standard; or
(ii)
an infrastructure design solution; and
(b)
must include, as a condition of granting the consent, requirements that are no more or less restrictive than is necessary to give effect to—
(i)
the wastewater environmental performance standard; or
(ii)
the infrastructure design solution.
(2)
However, subsection (1)—
(a)
does not apply if an exception under a wastewater environmental performance standard or an infrastructure design solution applies; and
(b)
except as otherwise expressly provided in this Act, does not prevent the consent authority from including, as a condition of granting a planning consent, a requirement that relates to any activity, effect, or other matter that a wastewater environmental standard or an infrastructure design solution does not regulate or manage.
168 Matters relevant to application relating to stormwater network
(1)
If the planning consent application relates to a stormwater network, as defined in section 5 of the Water Services Act 2021, the consent authority—
(a)
must not grant the consent contrary to—
(i)
a stormwater environmental performance standard; or
(ii)
an infrastructure design solution; and
(b)
must include, as a condition of granting the consent, requirements that are no more or less restrictive than is necessary to give effect to—
(i)
the stormwater environmental performance standard; or
(ii)
the infrastructure design solution.
(2)
However, subsection (1)—
(a)
does not apply if an exception under a stormwater environmental performance standard or an infrastructure design solution applies; and
(b)
except as otherwise expressly provided in this Act, does not prevent the consent authority from including, as a condition of granting a planning consent, a requirement that relates to any activity, effect, or other matter that a stormwater environmental standard or an infrastructure design solution does not regulate or manage.
169 Matters relevant to application for consent that authorises change to plan provisions
(1)
A consent authority may grant a planning consent that, if given effect to, authorises a change to the plan provisions that apply to an area in accordance with section 119.
(2)
The consent authority may grant a consent to which subsection (1) applies only if—
(a)
the proposed change to the plan provisions involves the application of standardised plan provisions (and not bespoke provisions); and
(b)
the consent authority is satisfied that, if the consent were given effect to and the change to the plan provisions were to occur, it would provide a significant benefit to the provision of any of the following in the district:
(i)
housing:
(ii)
employment:
(iii)
infrastructure; and
(c)
the consent includes provisions that specify—
(i)
the boundaries of the area to which the change would apply; and
(ii)
the standardised plan provisions that would apply to that area.
170 Applicant’s compliance history
(1)
The consent authority may have regard to any previous or current abatement notices, enforcement orders, infringement notices, pecuniary penalties, or convictions under this Act, the Natural Environment Act 2026, or the Resource Management Act 1991—
(a)
received by the applicant, if the applicant is not a natural person:
(b)
received by the applicant within the previous 7 years, if the applicant is a natural person:
(c)
received, within the previous 7 years, by a director or person concerned with the management of the applicant, if the applicant is not a natural person.
(2)
In addition, the consent authority may have regard to any previous or current abatement notices, enforcement orders, infringement notices, pecuniary penalties, or convictions under this Act, the Natural Environment Act 2026, or the Resource Management Act 1991 received within the previous 7 years by a person that—
(a)
is not a natural person; and
(b)
is not the applicant; but
(c)
at the time that person received the abatement notice, enforcement order, infringement notice, pecuniary penalty, or conviction, was directed or managed by a person who is a director or person concerned with the management of the applicant.
(3)
The consent authority may decline an application for a planning consent if the applicant has a record of significant non-compliance with a requirement of this Act, the Natural Environment Act 2026, or the Resource Management Act 1991—
(a)
that is ongoing or repeated; and
(b)
that, if the applicant is not a natural person, has been or is the subject of an enforcement order, a pecuniary penalty, or a conviction under this Act or, if the applicant is a natural person, has been or is the subject of an enforcement order, a pecuniary penalty, or a conviction under this Act within the previous 7 years.
Compare: 1991 No 69 s 104(6A)
171 Land use consent may be refused or granted with conditions if risk from natural hazards
(1)
A consent authority may refuse to grant a land use consent, or may grant a land use consent subject to conditions, if it considers that there is a significant risk from natural hazards.
(2)
For the purposes of subsection (1), an assessment of the risk from natural hazards—
(a)
must be carried out in the manner prescribed in national standards; or
(b)
if national standards do not prescribe the manner for carrying out an assessment, requires a combined assessment of all of the following taken together:
(i)
the likelihood of natural hazards occurring (whether individually or in combination):
(ii)
the material damage to land in respect of which the consent is sought, other land, or structures that would result from natural hazards:
(iii)
whether the proposed use of the land would accelerate, worsen, or result in material damage of the kind referred to in subparagraph (ii):
(iv)
whether the proposed use of the land would result in adverse effects on the health or safety of people.
(3)
A condition imposed under subsection (1) must be—
(a)
for the purposes of avoiding or mitigating the effects referred to in subsection (1); and
(b)
of a type that could be imposed under section 178.
(4)
This section does not apply to a land use consent for—
(a)
constructing, upgrading, maintaining, or operating infrastructure, except to the extent that national standards provide that this section applies; or
(b)
a primary production activity, except to the extent that national standards provide that this section applies.
(5)
In this section, primary production activity—
(a)
means any agricultural, aquaculture, forestry, horticultural, mining, pastoral, or quarrying activity; and
(b)
includes initial processing of a commodity that results from an activity in paragraph (a) if the initial processing is ancillary to that activity; and
(c)
includes any land and buildings—
(i)
used for the production of a commodity that results from an activity in paragraph (a); or
(ii)
used for the initial processing of that commodity, as described in paragraph (b); and
(d)
excludes further processing of those commodities into a different product.
Compare: 1991 No 69 s 106
172 Subdivision consent may be refused or granted with conditions if significant risk from natural hazards, etc
(1)
A consent authority may refuse to grant a subdivision consent, or may grant a subdivision consent subject to conditions, if it considers that—
(a)
there is a significant risk from natural hazards; or
(b)
sufficient provision has not been made for legal and physical access to each allotment to be created by the subdivision.
(2)
For the purposes of subsection (1)(a), an assessment of the risk from natural hazards—
(a)
must be carried out in the manner prescribed in national standards; or
(b)
if national standards do not prescribe the manner for carrying out an assessment, requires a combined assessment of all of the following taken together:
(i)
the likelihood of natural hazards occurring (whether individually or in combination):
(ii)
the material damage to land in respect of which the consent is sought, other land, or structures that would result from natural hazards:
(iii)
whether the proposed subdivision would accelerate, worsen, or result in material damage of the kind referred to in subparagraph (ii):
(iv)
whether the proposed subdivision would result in adverse effects on the health or safety of people.
(3)
A condition imposed under subsection (1) must be—
(a)
for the purposes of avoiding, remedying, or mitigating the effects referred to in subsection (1); and
(b)
of a type that could be imposed under section 178.
Compare: 1991 No 69 s 106
173 Matters for which consent must not be granted
A consent authority must not grant a planning consent if—
(a)
it is contrary to—
(i)
any regulations:
(ii)
a wāhi tapu condition included in a customary marine title order or agreement:
(iii)
section 55(2) of the Marine and Coastal Area (Takutai Moana) Act 2011:
(iv)
prohibitions or restrictions that apply in relation to a wāhi tapu or wāhi tapu area recognised under subpart 2 of Part 4 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019:
(b)
it should have been notified and was not.
174 Decision on planning consent
(1)
After considering an application for a planning consent, a consent authority may grant or refuse to grant a planning consent.
(2)
If it grants a planning consent, the consent authority may impose conditions on the planning consent,—
(a)
for a restricted discretionary activity, only for those matters over which a land use plan, proposed land use plan, water services standard, or national rule has reserved discretion:
(b)
for a discretionary activity, under section 178.
(3)
A consent authority may grant a planning consent on the basis that the activity is classified as a restricted discretionary activity or a discretionary activity regardless of what type of activity the application was expressed to be for.
(4)
A consent authority may refuse to grant a planning consent on the ground that it has inadequate information to decide the application.
(5)
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 reports being made available.
175 Consent authority may grant application with adaptive management approach
(1)
A consent authority may grant a planning 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, 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 provide for an activity to step back to a previous stage or cease temporarily if triggers or limits are met to allow for management practices or monitoring requirements to be adapted accordingly; and
(f)
may provide for an activity to be discontinued permanently (in circumstances where the effects are found to be unanticipated at the time that the consent was granted).
(3)
In deciding on 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.
176 Planning consent giving effect to Te Ture Whaimana o Te Awa o Waikato may be contrary to water services standard
(1)
A consent authority may grant a planning consent contrary to a water services standard for the purpose of giving effect to any of the following:
(a)
Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River:
(b)
a provision that—
(i)
is included in a land use plan or proposed land use plan to give effect to Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River; and
(ii)
is more stringent than the water services standard.
(2)
This section applies despite sections 38, 167, 168, and 198.
Subpart 5—Conditions and other requirements relating to decisions
Conditions of planning consents
177 General requirements before conditions may be included
(1)
When granting a planning consent, the consent authority may include any condition that it considers appropriate after being satisfied that—
(a)
subsections (2) and (3) are complied with; and
(b)
any requirements in section 178 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; or
(b)
the condition contains measures that avoid, remedy, mitigate, offset, or provide compensation for any adverse effects; or
(c)
the condition is directly connected to—
(i)
any adverse effects of the activity; or
(ii)
an applicable provision in a land use plan or national rule; or
(iii)
a water services standard; or
(d)
the condition relates to administrative matters that are essential for the efficient implementation of the planning consent.
(3)
A consent authority must not include a condition that—
(a)
relates only to an effect that is outside the scope of this Act; or
(b)
is contrary to a water services standard.
(4)
This section does not limit section 171 or 172 or Part 1 of Schedule 7.
(5)
For the purpose of subsection (2)(c)(ii), a provision is applicable if the application of the provision to the activity is the reason, or one of the reasons, that a planning consent is required for the activity.
178 Particular conditions that may be included in planning consents
(1)
Without limiting the generality of section 177, a planning consent may include any 1 or more of the following conditions:
(a)
a condition specifying the duration of the consent:
(b)
a condition specifying the date that the consent will lapse, subject to section 194:
(c)
a condition requiring a financial assurance (and describing the terms of that financial assurance) in accordance with clauses 1 to 20 of Schedule 8:
(d)
a condition requiring services or works to be provided, including (but without limitation) protecting, planting, or replanting any tree or other vegetation or protecting, restoring, or enhancing any natural or physical resource:
(e)
in the case of a land use 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 consent (being a condition that relates to the use of land to which the consent relates):
(f)
in the case of a subdivision consent, a condition described in Part 1 of Schedule 7:
(g)
a condition to mitigate any risk that the planning consent holder may not comply with the consent, having regard to any previous non-compliance by the applicant that is the subject of an abatement notice, enforcement order, infringement notice, pecuniary penalty, or conviction under this Act, the Natural Environment Act 2026, or the Resource Management Act 1991 referred to in section 170:
(h)
a condition requiring the holder of a planning consent to supply to the consent authority information relating to the exercise of the planning consent.
(2)
A condition under subsection (1)(e) may, among other things, provide that the covenant may be varied, cancelled, or renewed at any time by agreement between the consent holder and the consent authority.
(3)
Without limiting subsection (1)(h), a condition made under that subsection may require the holder of the planning 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:
(g)
to comply with the condition at the consent holder’s expense.
Compare: 1991 No 69 s 108
179 Review of draft conditions of consent
(1)
An applicant for a planning consent may request that the consent authority provide them with any draft conditions of the consent.
(2)
The applicant’s request—
(a)
must be made before the consent authority issues its decision on the application; and
(b)
may be made only once.
(3)
If a request is made, the consent authority—
(a)
must provide the draft conditions to the applicant and, if the application was notified, to submitters; and
(b)
may suspend the time frame that applies to the processing of the application to allow the applicant and any submitters to consider the draft conditions.
(4)
A consent authority may provide draft conditions to the persons specified in subsection (3)(a)—
(a)
more than once; and
(b)
whether or not the applicant requests the draft conditions under subsection (1); and
(c)
whether or not the time frame that applies to the processing of the application is suspended under subsection (3)(b).
(5)
Subsection (3)(b) does not prevent a consent authority from continuing to process the application while the time frame is suspended.
(6)
An applicant and any submitters must provide their comments on the draft conditions to the consent authority within 10 working days after the consent authority provides the draft conditions.
(7)
A consent authority may take those comments into account only to the extent that they cover technical or minor matters.
Compare: 1991 No 69 s 107G
180 Consent authority must notify decision
A consent authority must notify, in the manner prescribed in regulations, the following persons of its decision on an application for a planning consent:
(a)
the applicant:
(b)
any other persons prescribed in regulations.
Appeals
181 Right to appeal
(1)
Any 1 or more of the following persons may appeal to the Environment Court under section 182 against the whole or any part of a decision of a consent authority on an application for a planning consent, on an application for a change of consent conditions, or on a review of consent conditions:
(a)
the applicant or consent holder:
(b)
a 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 section 156; 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 Schedule 10 (which provides for review by the Planning Tribunal).
Compare: 1991 No 69 s 120
182 Procedure for appeal
(1)
Notice of an appeal under section 181 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; and
(c)
be lodged with the Environment Court and served on the consent authority whose decision is appealed within 15 working days after receiving notice of the decision 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 181(1) (other than the appellant) within 5 working days after the notice is lodged with the Environment Court.
Compare: 1991 No 69 s 121
Subpart 6—Nature of consents, commencement, duration, and review
183 Consents not real or personal property
(1)
A planning consent is neither real nor personal property.
(2)
Unless the conditions of a consent expressly state otherwise,—
(a)
on the death of the consent holder, 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 consent holder, 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 consent holder may grant a security interest over the consent as if it were personal property, but the consent may only be transferred to the secured party, or by or on behalf of the secured party, to the same extent as it could be so transferred by the holder.
(4)
The Personal Property Securities Act 1999 applies to a planning consent—
(a)
as if the planning consent were goods within the meaning of that Act; and
(b)
as if the planning consent were situated in the district in which the activity permitted by the consent may be carried out (or, where it may be carried out in more than 1 district, in those districts); and
(c)
subject to the provisions of this Act, and in particular to subsection (3).
Compare: 1991 No 69 s 122
184 Planning consent prevails over certain water services standards
(1)
A planning consent that is granted before one of the following standards is made prevails over that standard:
(a)
a stormwater environmental performance standard:
(b)
a wastewater environmental performance standard.
(2)
However, subsection (1) ceases to apply if—
(a)
the consent authority reviews the conditions of the planning consent under section 198(1)(c); and
(b)
the review results in either or both of the standards listed in subsection (1) prevailing over the planning consent.
Compare: 1991 No 69 s 122A
Commencement
185 Commencement of consent
(1)
A planning consent that has been granted commences—
(a)
when the time for lodging an appeal against the grant of the consent expires and no appeal has been lodged; or
(b)
if an appeal has been lodged, when the Environment Court decides the appeal or all appellants withdraw their appeal; or
(c)
on a later date stated in the consent or any other date set by the Environment Court.
(2)
However, this section is subject to sections 186 to 189.
Compare: 1991 No 69 s 116(1)
186 Commencement of consent if no submissions, etc
(1)
This section applies to a planning consent that has been granted—
(a)
for a non-notified application; or
(b)
for a notified application if 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 planning consent commences on the date on which the consent authority notifies the applicant of its decision on the application under section 180, or on any later date stated in the consent, unless—
(a)
an appeal has been lodged, in which case section 185(1) applies:
(b)
an application to the Planning Tribunal for a review has been made, in which case section 187 applies.
(3)
The reference to an application in subsection (2)(b) does not include an application by a third party to the Planning Tribunal to review a consent authority’s decision not to notify a planning consent application.
Compare: 1991 No 69 s 116(1A)
187 Commencement of consent if request for review lodged
If an application to the Planning Tribunal for a review has been made, the planning consent commences when the review, and any appeal, has been decided or withdrawn.
Compare: 1991 No 69 s 116(1AB)
188 Commencement of consent if section 135 applies
A planning consent to which section 135 applies does not commence,—
(a)
in the case of a subdivision consent, until the date that the land to which the consent relates is vested in the consent holder under clause 77 of Schedule 7; or
(b)
in every other case, until the proposed location of the activity has been reclaimed and a certificate has been issued under clause 73 of Schedule 7 for the reclamation.
Compare: 1991 No 69 s 116(2)
189 Commencement if subject to grant of application to exchange recreation reserve land
If a planning 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 planning 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
190 Duration of planning consent
(1)
The period for which a planning consent is granted is unlimited, unless otherwise specified in the consent.
(2)
This section is subject to section 194 (lapsing of consents).
Compare: 1991 No 69 s 123
191 Exercise of consent while applying for new consent
(1)
This section applies if—
(a)
a planning consent is due to expire; and
(b)
the consent holder applies for a new consent for the same activity.
(2)
The consent holder may continue to operate under the existing consent until the consent authority grants or refuses to grant a new consent and all appeals are determined if—
(a)
the consent holder applies, to the appropriate consent authority, for a new consent for the same activity; and
(b)
the application is made at least 6 months before the expiry of the existing consent.
(3)
Despite subsection (2)(b), the consent authority may, in its discretion, allow the consent holder to continue to operate under the existing consent if the consent holder makes the application in the period that—
(a)
begins 6 months before the expiry of the existing consent; and
(b)
ends 3 months before the expiry of the existing consent.
(4)
A consent holder for an activity that is regulated by a wastewater environmental performance standard or a stormwater environmental performance standard may, if they make an application in accordance with subsection (2) or (3), continue to operate under an expired consent—
(a)
for the duration specified in the environmental performance standard; or
(b)
if the environmental performance standard does not specify a duration, until the consent authority grants or refuses to grant a new consent and all appeals are determined.
(5)
A consent holder may apply to the Planning Tribunal to review a consent authority’s refusal to allow the consent holder to continue to operate under the existing consent under subsection (3).
(6)
This section does not apply to an application to which clause 41 of Schedule 4 of the Natural Environment Act 2026 applies.
192 Applicant may lodge new application that complies with water services standard
(1)
A consent holder that is operating under section 191 may—
(a)
withdraw their application for a new consent; and
(b)
prepare a new application that complies with a relevant water services standard.
(2)
Despite the consent holder withdrawing their application,—
(a)
they may continue to operate under section 191; but
(b)
they must submit the new application within 6 months after the date that the application is withdrawn.
193 Environmental performance standard does not apply if applicant proceeds with unamended application
A wastewater environmental performance standard or a stormwater environmental performance standard does not apply to an application for a planning consent for an activity associated with constructing or operating all or any part of a wastewater network or stormwater network if,—
(a)
before the date on which the environmental performance standard comes into force, the consent authority has decided, under section 147, whether to give public or targeted notification of the application; and
(b)
the applicant has determined to proceed with the application without amending it to comply with the environmental performance standard.
194 Lapsing of consent
(1)
A planning consent lapses on the date specified in the consent or, if no date is specified,—
(a)
10 years after the date of commencement if the consent authorises a renewable energy activity; and
(b)
5 years after the date of commencement of the consent, in any other case.
(2)
However, a consent does not lapse under subsection (1) if—
(a)
the consent is given effect to before it lapses; or
(b)
the consent holder applies, no later than 20 working days before the consent is due to lapse, 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 objectives and policies in a plan; or
(c)
in the case of a consent authorising a renewable energy activity, the consent authority decides at the consent holder’s request to shorten the period after which the consent lapses under subsection (1)(a).
(3)
A person may apply to the Planning Tribunal to review a decision under subsection (2)(b).
Compare: 1991 No 69 s 125
195 Cancellation of consent
(1)
A consent authority may cancel a planning consent by written notice served on the consent holder if the planning 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 planning 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.
(3)
A consent holder may apply to the Planning Tribunal to review a consent authority’s decision to decline to revoke the notice under subsection (2)(b).
Compare: 1991 No 69 s 126
196 Cancellation of consent for ORE generation infrastructure activities if permit expires, etc
A planning consent for any ORE generation infrastructure activities (excluding decommissioning activities) is cancelled if and when the consent holder ceases to be the permit holder of a current commercial permit granted under the Offshore Renewable Energy Act 2026 that relates to the area subject to the consent by reason of the expiry or revocation or surrender in full of the commercial permit.
197 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 does not relate to the duration of the consent; and
(b)
in the case of a subdivision consent, the consent holder applies under this section before the deposit of the survey plan.
(2)
Subparts 1 to 5 of this Part apply, with all necessary modifications, as if—
(a)
the application were an application for a planning consent for a discretionary activity; and
(b)
the references to a planning 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)
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
Review of consent conditions by consent authority
198 Circumstances when consent conditions can be reviewed
(1)
A consent authority may serve notice on a consent holder of its intention to review the conditions of a planning 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 built environment that may arise from the exercise of the consent and that is appropriate to deal with at a later stage; or
(ii)
for any other purpose specified in the consent; or
(b)
if the consent authority determines that the consent holder has contravened a condition of the consent; or
(c)
in the case of a planning consent for an activity that is regulated by a wastewater environmental performance standard or a stormwater environmental performance standard, when the environmental performance standard has been made or amended; or
(d)
if the information made available to the consent authority by the applicant for the consent for the purposes of the application contained inaccuracies that 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.
(2)
A consent authority must serve notice on a consent holder of its intention to review the conditions of a planning consent if required by an order made by the Environment Court under section 295(6)(b).
Compare: 1991 No 69 s 128
199 Notice of review
(1)
A notice of intent to review the conditions of a consent under section 198—
(a)
must advise the consent holder of the conditions of the consent that are the subject of the review; and
(b)
must state the reasons for the review; and
(c)
must specify the information that the consent authority took into account in making its decision to review the consent, unless the notice is given under section 198(1)(a) or (2); and
(d)
must advise a consent holder by whom a fee is payable under the regulations in relation to the review—
(i)
of the fact that the fee is payable; and
(ii)
of the estimated amount of the fee; and
(e)
may propose, and invite the consent holder to propose within 20 working days after service of the notice, new consent conditions.
(2)
If notification of the review is required under section 200, 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
200 Public notification, submissions, and hearing, etc
(1)
Sections 147 to 153 apply, with all necessary modifications, as if—
(a)
the review of consent conditions were an application for a planning consent for a discretionary activity; and
(b)
the references to a planning consent and to the activity were references only to the review of the conditions and to the effects of the change of conditions respectively.
(2)
Sections 154 to 159 apply, with all necessary modifications, in respect of a review of the conditions of a planning consent as if—
(a)
the notice of review under section 199 were an application for a planning consent; and
(b)
the consent holder were the applicant for the planning consent.
Compare: 1991 No 69 s 130
201 Matters to be considered in review
When reviewing the conditions of a planning consent, the consent authority—
(a)
must have regard to the matters specified in subpart 4 and to whether the activity allowed by the consent will continue to be viable after the change; and
(b)
in the case of a review under section 198(2), must have regard to any reasons that the court provided for making the order requiring the review; and
(c)
may have regard to the manner in which the consent has been used.
Compare: 1991 No 69 s 131
202 Decisions on review of consent conditions
(1)
A consent authority may change the conditions of a planning consent (other than a condition specifying the duration of the consent) on a review under section 198 if 1 or more of the circumstances specified in that section apply.
(2)
Subparts 4 and 5 apply, with all necessary modifications, to a review under section 198 as if—
(a)
the review were an application for a planning consent; and
(b)
the consent holder were an applicant for a planning consent.
(3)
A consent authority may cancel a planning consent if—
(a)
it reviews the consent under section 198(1)(d); and
(b)
there are significant adverse effects on the built environment resulting from the use of the consent.
(4)
A consent authority may also cancel a planning consent if—
(a)
it reviews the consent under section 198(2); and
(b)
there are significant adverse effects on the built environment resulting from the use of the consent.
Compare: 1991 No 69 s 132
203 Powers under Part 6 not affected
Sections 197 to 202 do not limit the power of the Environment Court to change or cancel a planning consent by an enforcement order under Part 6.
Compare: 1991 No 69 s 133
204 Minor corrections of planning consents
A consent authority that grants a planning consent may, within 20 working days after the grant, issue an amended consent that corrects minor mistakes or defects in the consent.
Compare: 1991 No 69 s 133A
Transfer and surrender
205 Land use and subdivision consents attach to land
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.
Compare: 1991 No 69 s 134
206 Surrender of consent
(1)
The consent holder may surrender the consent, either in whole or in part, by giving written notice to the consent authority.
(2)
A consent authority may refuse to accept the surrender of part of a planning consent if 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 built environment.
(3)
A person who surrenders a planning consent remains liable under this Act—
(a)
for any breach of conditions of the consent that 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.
(4)
A surrender of a planning consent takes effect on receipt by the consent holder of a notice of acceptance of the surrender from the consent authority.
Compare: 1991 No 69 s 138
Subpart 7—Miscellaneous
Processes relating to activities that do not require planning consent
207 Consent authority may treat certain activities as permitted activities
(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, regulations, a land use plan, or a proposed land use plan; and
(b)
any adverse effects of the activity on the built environment are no different in character, intensity, or scale than they would be in the absence of the marginal or temporary non-compliance; and
(c)
any adverse effects of the activity on a person are minor or less than minor; and
(d)
the consent authority, in its discretion, decides to notify the person proposing to undertake the activity 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 planning consent for the activity; or
(b)
on its own initiative.
(3)
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.
(4)
If a person has submitted an application for a planning 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.
(5)
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
208 Certificate of compliance where activity does not require consent
(1)
A person may apply to the consent authority for a certificate of compliance in relation to an activity that can be done lawfully in a particular location without a planning consent.
(2)
A certificate states that the activity can be done lawfully in a particular location without a planning consent.
(3)
The authority may, within 15 working days after receiving an application, require the person to provide further information if the authority considers that the information is necessary for the purpose of applying subsection (4).
(4)
The authority must issue the certificate—
(a)
if the activity can be done lawfully in the particular location without a planning consent; and
(b)
if the person pays the appropriate administrative fee; and
(c)
in accordance with any other prescribed requirements.
(5)
The authority must not issue a certificate if—
(a)
the request for a certificate is made after a proposed land use plan is notified; and
(b)
the activity could not be done lawfully in the particular location without a planning consent under the proposed plan.
(6)
The authority must not issue a certificate if—
(a)
a notice for the activity is in force under section 207(1)(d); or
(b)
the activity is subject to a permitted activity rule that requires the activity to be registered.
(7)
The authority must issue the certificate, or notify the applicant that it refuses to issue a certificate, within 20 working days after—
(a)
receiving the application; or
(b)
receiving any further information in response to a request under subsection (3).
(8)
An authority that issues a certificate may, within 20 working days after the certificate is issued, issue an amended certificate that corrects minor mistakes or defects in the certificate.
(9)
A person may apply to the Planning Tribunal under clause 21 of Schedule 10 for a review of the consent authority’s decision to issue, or refuse to issue, a certificate.
(10)
A certificate is treated as if it were an appropriate planning consent that—
(a)
contains the conditions specified in an applicable national rule; and
(b)
contains the conditions specified in an applicable land use plan.
(11)
A certificate treated as a planning consent is subject to sections 26, 27, and 30.
(12)
A certificate treated as a planning consent is subject to this Act as if it were a planning consent, except that the only sections in this Part that apply to it are sections 181 to 184, 194, and 205.
(13)
In this section, activity includes a particular proposal.
Compare: 1991 No 69 s 139
209 Existing use certificates
(1)
A person may request the consent authority to issue a certificate 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 26 on the date on which the authority issues the certificate; and
(c)
specifies the character, intensity, and scale of the use on the date on which the authority issues the certificate.
(2)
A person may request the consent authority to issue a certificate that—
(a)
describes an activity to which section 30 applies; and
(b)
states that the activity was an activity allowed by section 30 on the date on which the authority issues the certificate; and
(c)
specifies the character, intensity, and scale of the activity on the date on which the authority issues the certificate; and
(d)
describes the period for which the activity is allowed under section 30.
(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.
(4)
The consent authority must issue a certificate under subsection (1) if it—
(a)
is satisfied that the use of the land is a use of land allowed by section 26 on the date on which the authority issues the certificate; and
(b)
receives payment of the appropriate administrative fee.
(5)
The consent authority must issue a certificate under subsection (2) if it—
(a)
is satisfied that the activity is an activity allowed by section 30 on the date on which the authority issues the certificate; and
(b)
receives payment of the appropriate administrative fee.
(6)
The authority must issue the certificate, or notify the applicant that it refuses to issue a certificate, within 20 working days after—
(a)
receiving the request under subsection (1) or (2); or
(b)
receiving any further information in response to a request under subsection (3).
(7)
Subsection (8) applies if a consent authority that issued a certificate becomes aware that the information that a person provided in order to obtain the certificate contained inaccuracies.
(8)
The authority must revoke the certificate if it is satisfied that the inaccuracies were material in satisfying the authority that it must issue the certificate.
(9)
An existing use certificate is treated as an appropriate planning consent, and it is subject to this Act as if it were a planning consent, except that the only provisions of this Part that apply to it are sections 181 to 184.
(10)
A person may apply to the Planning Tribunal under clause 16 of Schedule 10 for a review of the consent authority’s decision to issue or revoke an existing use certificate.
Compare: 1991 No 69 s 139A
210 Notification and registration of activity subject to permitted activity rule
(1)
This section applies to a person proposing to carry out an activity in accordance with a permitted activity rule that requires an activity to be registered (see section 42).
(2)
The person must, in writing,—
(a)
notify the relevant consent authority that they propose to carry out a permitted activity in accordance with the permitted activity rule; and
(b)
include in the notification—
(i)
a description of how the conditions set by the permitted activity rule will be met; and
(ii)
any other information required by the permitted activity rule.
(3)
The consent authority must, within 10 working days after receiving the notification,—
(a)
determine, on the information provided, whether the permitted activity rule will be met; and
(b)
notify the person of that determination.
(4)
If the consent authority determines that the permitted activity rule will be met, the consent authority must—
(a)
register the activity; and
(b)
carry out any monitoring of the activity required to ensure that the permitted activity rule is met.
(5)
The registration of an activity that is subject to a permitted activity rule lapses 3 years after the date the activity is registered under subsection (4), unless the person carries out the activity in accordance with the permitted activity rule before the registration lapses.
Other provisions relating to subdivision and reclamation
211 Schedule 7 applies to subdivision or reclamation
(1)
Schedule 7 sets out further provisions that relate to—
(a)
subdivision under this Act; and
(b)
reclamation under the Natural Environment Act 2026.
(2)
By way of overview,—
(a)
Part 1 of Schedule 7 sets out further provisions relating to conditions of subdivision consents:
(b)
Part 2 of Schedule 7 sets out the process for approving and depositing survey plans, and related provisions, which is necessary for title to be issued for subdivided land:
(c)
Part 3 of Schedule 7 sets out provisions relating to esplanade reserves, esplanade strips, and access strips:
(d)
Part 4 of Schedule 7 provides for compensation to the registered owner of an allotment in certain circumstances, relating to when—
(i)
land is required to be set aside as an esplanade reserve; or
(ii)
an esplanade strip is required; or
(iii)
the bed of a river or lake is required to vest in a territorial authority or the Crown; or
(iv)
land in the coastal marine area is required to become part of the common marine and coastal area:
(e)
Part 5 of Schedule 7 sets out the process for approving and depositing reclamation plans, and related provisions, which is necessary for title to be issued for land that is created following a reclamation under the Natural Environment Act 2026.
(3)
Schedule 7 has effect according to its terms.
Part 5 Key roles
Subpart 1—Functions and powers of central and local government
Ministerial functions
212 Functions of Minister
The Minister has the following functions under this Act:
(a)
recommending the making of a national instrument under section 69:
(c)
monitoring the exercise and performance, by local authorities and any other person, of the functions, powers, and duties under this Act and the Natural Environment Act 2026:
(d)
monitoring the implementation and effect of this Act (including any regulations in force under it) and national instruments:
(e)
monitoring the relationship between the functions, powers, and duties of central government and local government under this Part:
(f)
monitoring and investigating, in such manner as the Minister thinks fit, any significant land use or planning matter:
(g)
considering and investigating the use of fees, levies, incentives, and other fiscal measures and economic instruments under this Act:
(h)
any other functions specified in this Act.
Compare: 1991 No 69 s 24
213 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 islands specified in subsection (2), 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, in respect of those islands, exercise and perform the functions, powers, and duties that a territorial authority would have under this Act if those islands were within the district of that territorial authority.
(2)
The islands are—
(a)
the Kermadec Islands:
(b)
the Snares Islands:
(c)
the Bounty Islands:
(d)
the Antipodes Islands:
(e)
the Auckland Islands:
(f)
Campbell Island:
(g)
the islands adjacent to Campbell Island.
(3)
The functions, powers, and duties conferred or imposed on the Minister of Conservation by this section are in addition to the functions, powers, and duties conferred or imposed on that Minister by this Act.
Compare: 1991 No 69 s 31A(1)(a), (b)(i), (3)
Ministerial delegations
214 Delegation of functions by Ministers to chief executive
(1)
A Minister of the Crown may, generally or particularly, delegate to the chief executive of that Minister’s department in accordance with clause 5 of Schedule 6 of the Public Service Act 2020, any of that Minister’s functions, powers, or duties under this Act other than the following:
(a)
appointing persons to exercise powers or perform functions or duties in place of a local authority under section 238:
(b)
recommending the making of a national instrument under section 69:
(c)
recommending the making of regulations under this Act:
(d)
recommending the making of an Order in Council under this Act:
(e)
issuing directions in relation to the exercise or performance of a local authority’s functions, powers, or duties under this Act:
(g)
this power of delegation.
(2)
215 Delegation of functions by Minister to EPA
The Minister may delegate to the EPA the function to monitor the implementation and effect of this Act (including any regulations in force under it) and national instruments.
Functions, powers, and duties of local authorities
216 Duties of territorial authorities
(1)
A territorial authority must enable and regulate the use and development of land within its district, including subdivision and activities on the surface of water bodies.
(2)
In undertaking its duties under subsection (1), a territorial authority must regulate and manage the following matters:
(a)
outstanding natural features and landscapes:
(b)
areas of high natural character within the coastal environment, wetlands, lakes and rivers and their margins:
(c)
public access to and along the coastal marine area, lakes, and rivers:
(d)
natural hazard risks as they relate to the use and development of land:
(e)
contaminated land:
(f)
significant historic heritage:
(g)
the development capacity of land for housing and business:
(h)
the integration of land use planning with infrastructure planning and investment.
(3)
However, see section 217, which provides that a regional council has the functions, powers, and duties that a territorial authority has under this Act in relation to a matter that is wholly within the coastal marine area of its region.
(4)
To avoid doubt, a territorial authority may regulate and manage the matters described in subsection (2) that are partly within the district of that territorial authority and partly within the coastal marine area.
217 Duties of regional councils in relation to coastal marine area
(1)
A regional council has the functions, powers, and duties that a territorial authority has under this Act in relation to a matter that is wholly within the coastal marine area of its region.
(2)
A regional council—
(a)
must not perform its functions in a manner that is inconsistent with section 12(1); but
(b)
may perform its functions to control aquaculture activities in the coastal marine area so as to avoid, remedy, or mitigate the effects of aquaculture activities on fishing and fisheries resources.
(3)
The matters that are the responsibility of the regional council under subsection (1) do not include the matter described in section 216(2)(c).
(4)
Subsection (3) does not prevent a permit authority, when considering an application for a coastal permit under the Natural Environment Act 2026 to do something that would contravene section 21 of that Act, from having regard to the effects of a proposed activity on public access to and along the coastal marine area.
218 Functions of territorial authorities
A territorial authority has the following functions:
(a)
making and reviewing a land use plan for its district:
(b)
administering and implementing its land use plan:
(c)
monitoring the implementation of this Act within its district:
(d)
acting as a consent authority for its district:
(e)
monitoring and enforcing compliance with this Act:
(f)
jointly with other local authorities, making and maintaining a regional spatial plan for the region:
(g)
regulating and managing effects on the built environment:
(h)
any other functions, powers, or duties specified in this Act or in the Natural Environment Act 2026.
Compare: 1991 No 69 s 31
219 Monitoring and information gathering
(1)
A territorial authority must—
(a)
carry out its monitoring functions in its district; and
(b)
report on the results of that monitoring; and
(c)
if monitoring shows that action is needed, take appropriate action having regard to its functions, powers, and duties under this Act.
(2)
A territorial authority must gather the information it needs to exercise or perform its functions, powers, and duties under this Act.
(3)
A territorial authority must keep, reasonably available and in an accessible format, information that is relevant to the exercise or performance of its functions, powers, and duties under this Act so that members of the public—
(a)
are better informed of those functions, powers, and duties; and
(b)
are able to participate in the relevant processes under this Act.
(4)
Regulations may prescribe requirements relating to monitoring, reporting, and information gathering for the purposes of this section, including—
(a)
indicators or other matters by reference to which the monitoring must be carried out; and
(b)
standards and methods that apply to the monitoring.
220 Duty to keep records about iwi and hapū
(1)
A territorial authority must, for the purposes of this Act, keep and maintain for each iwi and hapū within its district, a record of—
(a)
the contact details for each iwi authority within the district and for groups representing hapū within the district; and
(b)
the planning documents recognised by each iwi authority and lodged with the territorial authority; and
(c)
any area in the district where 1 or more iwi or hapū exercise kaitiakitanga; and
(d)
any iwi participation agreement applying in the region.
(2)
For the purposes of subsection (1)(a) and (c), the Crown must provide to each territorial authority information on—
(a)
the iwi authorities within the region of which the territorial authority is a part and any areas where 1 or more iwi exercise kaitiakitanga; and
(b)
any groups that represent hapū for the purposes of this Act within the district and any areas where 1 or more hapū exercise kaitiakitanga; and
(c)
the matters provided for in paragraphs (a) and (b) that another local authority has advised to the Crown.
(3)
A territorial authority—
(a)
must include in its records all the information provided to it by the Crown under subsection (2); and
(b)
may also keep a record of information relevant to the district—
(i)
about 1 or more iwi, obtained directly from the relevant iwi authority representing the iwi for the purposes of this Act; and
(ii)
about 1 or more hapū, obtained directly from the relevant group representing the hapū for the purposes of this Act.
(4)
In this section, the requirement under subsection (1) does not apply to hapū unless a hapū, through its representative group, requests the Crown or the territorial authority to include the information for that hapū.
(5)
If the information recorded under subsection (1) conflicts with a provision of other legislation, or advice given or a determination made under the other legislation, the provision, advice, or determination under the other legislation prevails.
(6)
A territorial authority may use the information kept and maintained under this section only—
(a)
for the purposes of this Act or the Natural Environment Act 2026; or
(b)
for other purposes with the written agreement of the iwi authority for the iwi, or the group representing hapū for the hapū, to which the information relates.
(7)
Information required to be provided under this section must be provided in accordance with any requirements prescribed in regulations.
Compare: 1991 No 69 s 35A
Statutory officer established with functions, powers, and duties relating to competitive urban land markets
221 Statutory officer
(1)
The chief executive must appoint a person to be the statutory officer.
(2)
The chief executive must be satisfied that the person has the knowledge, skills, and experience to perform and exercise the functions, powers, and duties of the statutory officer.
(3)
The functions, powers, and duties of the statutory officer are set out in Schedule 11. Schedule 11 has effect according to its terms.
(4)
The person must be employed in the Ministry but need not be a current employee of the Ministry at the time of appointment.
(5)
When performing or exercising a function, power, or duty under this Act, the statutory officer must act independently of the Minister and the chief executive.
(6)
The statutory officer must perform or exercise a function, power, or duty under this Act in accordance with any requirements in a national instrument.
Duty of local authority to respond to competitive urban land market determination
222 Councils to respond to determination that land market not competitive
(1)
This section applies if a local authority is notified—
(a)
of a determination under clause 3 of Schedule 11 that an urban land market in its district or region is not competitive; and
(b)
that an act or omission by the local authority has contributed to the land market not being competitive.
(2)
If the act or omission relates to the local authority’s functions, powers, or duties under this Act, the local authority must—
(a)
decide how it will address the matter; and
(b)
implement the decision in a timely manner; and
(c)
advise the statutory officer and the chief executive of the decision and its implementation in the manner prescribed by regulations.
(3)
If the act or omission does not relate to the local authority’s functions, powers, or duties under this Act, the local authority must advise the statutory officer and the chief executive in the manner prescribed by regulations how, if at all, it intends to address the matter.
Statutory acknowledgements
223 Obligations relating to statutory acknowledgements
A territorial authority must ensure that, in undertaking its planning and other functions, powers, and duties under this subpart, its ability to fulfil the obligations relating to any statutory acknowledgements applying within, or in any part of, its district is not impeded.
224 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 relevant information relating to a planning consent application for an activity within, adjacent to, or directly affecting a statutory area of a post-settlement governance entity; but
(b)
the requirement no longer applies (for example, because the period specified in the legislation has expired).
(2)
The consent authority must provide the post-settlement governance entity with a summary of the planning consent application if the application is received by the consent authority.
(3)
The summary must be the same as would be given to an affected person by targeted notification under section 149 or as may be agreed between the post-settlement governance entity and the consent authority.
(4)
A consent authority must provide the post-settlement governance entity with the summary—
(a)
as soon as is reasonably practicable after the consent authority receives the planning consent application; and
(b)
before the consent authority decides under section 147 whether to notify the application.
(5)
The post-settlement governance entity may, by written notice to the 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 that it applies for.
(6)
This section does not affect the duty of the consent authority to decide,—
(a)
under section 147, whether to notify an application:
(b)
under section 151, whether the post-settlement governance entity is an affected person in relation to an activity.
Compare: 1991 No 69 s 42AA
Transfer of functions, powers, and duties
225 Meaning of public authority
In sections 226 to 231, public authority means any of the following:
(a)
a local authority:
(b)
a public service agency within the meaning given in section 5 of the Public Service Act 2020:
(c)
a joint committee appointed under clause 30 of Schedule 7 of the Local Government Act 2002:
(d)
a local board within the meaning given in section 5(1) of the Local Government Act 2002.
226 Transfer of powers
(1)
A territorial authority may transfer any of its functions, powers, or duties under this Act to another public authority in accordance with this section.
(2)
A territorial authority may transfer a function, power, or duty only if both authorities concerned agree—
(a)
on the terms and conditions of the transfer; and
(b)
that the public authority to which the transfer is made represents the appropriate community of interest for the exercise or performance of the function, power, or duty being transferred; and
(c)
that the transfer is desirable on the grounds of efficiency and technical or special capability or expertise.
(3)
A local authority that has transferred a function, power, or duty under this section may change or revoke the transfer at any time by notice to the transferee.
(4)
A public authority to which a function, power, or duty has been transferred under this section may relinquish the transfer in accordance with the transfer agreement.
Compare: 1991 No 69 s 33(1), (2), (6)–(9)
Delegation of functions, powers, and duties
227 Delegation of functions, etc
(1)
A territorial authority may delegate—
(a)
any of its functions, powers, or duties to a committee of the council established under the Local Government Act 2002; and
(b)
any of its functions, powers, or duties to a community board in relation to a matter of significance to that community, other than the approval of a regional spatial plan, land use plan, or plan change.
(2)
A unitary authority may delegate to a local board any of its functions, powers, or duties relating to a matter of local significance, other than the approval of a regional spatial plan, land use plan, or plan change.
(3)
A delegation may be—
(a)
made on the terms and conditions that the territorial authority thinks fit; and
(b)
revoked at any time by notice to the delegate.
Compare: 1991 No 69 s 34(1), (3A), (3B), (7)
228 Presumptions applying to delegations
(1)
A person to whom a function, power, or duty has been delegated under section 227 may exercise or perform the function, power, or duty in the same way and to the same effect as the territorial authority could have exercised or performed the function, power, or duty.
(2)
Subsection (1) applies unless the instrument of delegation provides otherwise.
(3)
A person authorised under section 227 to act under a delegation is presumed to act in accordance with the terms of the delegation, unless there is proof to the contrary.
(4)
A delegation under section 227 does not affect the performance or exercise of any function, power, or duty by the territorial authority.
Compare: 1991 No 69 s 34(8)–(10)
229 Delegation to employees and others
(1)
A territorial authority may delegate to an employee or hearings commissioner appointed by the territorial authority any function, power, or duty under this Act except—
(a)
the power to approve a regional spatial plan, land use plan, or plan change under Schedule 2 or 3; or
(b)
this power of delegation.
(2)
A territorial authority may delegate to any other person any function, power, or duty except—
(a)
the powers referred to in subsection (1)(a) and (b); or
(b)
a decision on an application for a planning consent.
(3)
Subsection (1) or (2) does not prevent a territorial authority from delegating to any person the power to do anything referred to in those subsections before a final decision has been made on those actions.
(4)
Sections 227(3) and 228 apply to a delegation made under this section.
Compare: 1991 No 69 s 34A(1), (2), (4), (5)
Joint management agreements
230 Local authority may enter joint management agreement
(1)
A local authority may enter into a joint management agreement if it—
(a)
notifies the Minister; and
(b)
is satisfied that—
(i)
the public authority that would be a party to the joint management agreement—
(A)
represents the relevant community of interest; and
(B)
has the technical or special capability or expertise to perform or exercise the function, power, or duty jointly with the local authority; and
(ii)
a joint management agreement is an efficient method of performing or exercising the function, power, or duty; and
(c)
includes in the joint management agreement details of—
(i)
the resources that will be required for the administration of the agreement; and
(ii)
how the administrative costs of the joint management agreement will be met.
(2)
A decision made under a joint management agreement has legal effect as a decision of the local authority.
(3)
A party to a joint management agreement may terminate the agreement by giving the other parties 20 working days’ notice.
(4)
In this section and section 231, joint management agreement means an agreement that—
(a)
is made by a local authority and 1 or more public authorities; and
(b)
provides for the parties to the joint management agreement jointly to perform or exercise any of the local authority’s functions, powers, or duties under this Act; and
(c)
specifies—
(i)
the functions, powers, and duties to which the agreement relates; and
(ii)
whether those functions, powers, and duties will be jointly performed or exercised in the whole of the region or district or a part of the region or district; and
(d)
may require the parties to perform or exercise a specified function, power, or duty together; and
(e)
if paragraph (d) applies, specifies how the parties are to make decisions; and
(f)
may specify any other terms or conditions relevant to the performance or exercise of the functions, powers, or duties, including but not limited to terms or conditions for liability and funding.
231 Local authority 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.
(2)
The local authority may perform or exercise the specified function, power, or duty by itself if a decision is required before the parties to the joint management agreement can perform or exercise the function, power, or duty and the joint management agreement does not provide a method for making that kind of decision.
Compare: 1991 No 69 s 36C
Iwi participation agreements
232 Request to enter into iwi participation agreement
(1)
One or more iwi authorities may, at any time, request 1 or more local authorities that have jurisdiction in relation to the areas of interest to the iwi authorities to enter into 1 or more iwi participation agreements with those iwi authorities.
(2)
Only 1 or more iwi authorities may request 1 or more local authorities to enter into iwi participation agreements.
(3)
Hapū may join as parties to an iwi participation agreement alongside the relevant iwi authorities.
(4)
Local authorities may respond to requests under this section at any time they consider appropriate, having regard to any recommended response time prescribed in regulations.
233 Local authority obligation to notify Minister of decision to negotiate or enter agreement
(1)
If 1 or more local authorities commence negotiating with 1 or more iwi authorities (including hapū) with a view to entering into an iwi participation agreement, the local authorities must notify the Minister responsible for this Act or the Natural Environment Act 2026 (whichever is relevant) that negotiations have commenced.
(2)
If 1 or more local authorities decide to enter into an iwi participation agreement, they must notify the relevant Minister that they are doing so.
234 Content of iwi participation agreements
(1)
An iwi participation agreement may specify—
(a)
how 1 or more iwi authorities (including hapū) will participate in processes for iwi authority participation provided for in this Act or the Natural Environment Act 2026 (including processes relating to consultation on regional spatial plans, land use plans, and natural environment plans):
(b)
how 1 or more iwi authorities (including hapū) and the relevant local authorities will engage on any other relevant matters under this Act and the Natural Environment Act 2026 necessary to implement Treaty settlement redress.
(2)
An iwi participation agreement may include provisions that relate to permitting or consenting processes under this Act or the Natural Environment Act 2026 if the iwi authority (including hapū) is an affected party or a qualifying person or to provide for matters under subsection (1)(b).
(3)
A local authority may decline to agree to the inclusion of any proposed provisions that it does not wish to be included in the agreement.
(4)
An iwi participation agreement must not include any matter precluded or not provided for by this section.
(5)
An iwi participation agreement must—
(a)
be recorded in writing; and
(b)
be in the form prescribed by regulations (if any); and
(c)
identify the relevant iwi authorities (including hapū) and the relevant local authorities; and
(d)
identify the relevant area to which the agreement relates; and
(e)
include any other mandatory content required by regulations.
(6)
An iwi participation agreement must comply with any other requirements of regulations.
235 Termination or renegotiation of iwi participation agreements
(1)
One or more iwi authorities (including hapū) may withdraw from an iwi participation agreement at any time by giving written notice to the other parties.
(2)
One or more local authorities may seek to renegotiate their own involvement in an iwi participation agreement at any time by advising the relevant iwi authorities (including hapū) that they wish to do so.
236 Regulations relating to iwi participation agreements
(1)
The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations relating to iwi participation agreements for all or any of the following purposes:
(a)
specifying content that may be included in, and content that must not be included in, an iwi participation agreement:
(b)
prescribing the form of iwi participation agreements:
(c)
prescribing the process for initiating and reaching agreement on an iwi participation agreement, including recommended time frames for responding to requests for an iwi participation agreement and concluding discussions:
(d)
providing dispute resolution processes for resolving disputes that arise in the course of negotiating an iwi participation agreement:
(e)
prescribing or providing for any other matters that relate to iwi participation agreements.
(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. | ||||
Subpart 2—Ministerial intervention
237 Power of Minister to investigate and make recommendations
(1)
The Minister may—
(a)
investigate the exercise or performance by a local authority of any of its functions, powers, or duties under this Act; and
(b)
make recommendations to the local authority on its exercise or performance of those functions, powers, or duties; and
(c)
investigate the failure or omission by a local authority to exercise or perform any of its functions, powers, or duties under this Act; and
(d)
make recommendations to the local authority on its failure or omission to exercise or perform those functions, powers, or duties.
(2)
The Minister may—
(a)
specify a time frame within which a local authority must respond to a recommendation and a format for that response; and
(b)
require a local authority to respond within the specified time frame.
Compare: 1991 No 69 s 24A
238 Residual powers of Minister
(1)
If a local authority is not exercising or performing any of its functions, powers, or duties under this Act, the Minister may appoint, on such terms and conditions as the Minister thinks fit, 1 or more persons (including a public service employee within the meaning given in section 5 of the Public Service Act 2020) to exercise or perform all or any of those functions, powers, or duties in place of the local authority.
(2)
The Minister must not make an appointment under subsection (1) unless the Minister—
(a)
has investigated the local authority under section 237(1)(a) or (c); and
(b)
has made recommendations to the local authority under section 237(1)(b) or (d); and
(c)
has given the local authority written notice specifying—
(i)
the reasons that the Minister proposes to make the appointment; and
(ii)
a reasonable time frame (being not less than 20 working days after the date of the notice) within which the local authority must take steps to remedy the default complained of; and
(d)
after the expiry of the time frame specified in the notice, is not satisfied that the local authority is exercising or performing the relevant functions, powers, or duties.
(3)
A person appointed to exercise or perform the functions, powers, or duties of a local authority under this Act may do so as if the person were the local authority, and the provisions of this Act apply accordingly.
(4)
All costs, charges, and expenses incurred by the Minister for the purposes of this section, or by a person appointed by the Minister in exercising or performing functions, powers, or duties of a local authority, are recoverable from the local authority as a debt due to the Crown or may be deducted from any money payable to the local authority by the Crown.
Compare: 1991 No 69 s 25
239 Minister may direct preparation of plan, plan change, or variation
(1)
The Minister—
(a)
may direct a territorial authority—
(i)
to prepare a land use plan that addresses an issue relating to a duty set out in section 216; or
(ii)
to prepare a change to its land use plan that addresses the issue; or
(iii)
to prepare a variation to its proposed land use plan that addresses the issue; and
(b)
must specify a reasonable time frame within which the plan, plan change, or variation must be notified.
(2)
However, the Minister must not issue a direction under subsection (1) unless—
(a)
the Minister has investigated the territorial authority under section 237(1)(a) or (c) in relation to the issue; and
(b)
the Minister has made recommendations to the territorial authority under section 237(1)(b) or (d) in relation to the issue.
(3)
The Minister is not required to comply with the requirement in subsection (2)(a) if the Minister has reasonable evidence that a territorial authority is not exercising or performing the relevant functions, powers, or duties under this Act.
(4)
In subsection (3), reasonable evidence means—
(a)
the territorial authority has published 1 or more of the following, which establish that it does not intend to exercise or perform the relevant functions, powers, or duties:
(i)
a resolution:
(ii)
any document required by legislation; or
(b)
there is evidence of the territorial authority’s failure to comply with time frames under this Act or prescribed in a national instrument; or
(c)
information collected by the Minister as part of the Minister’s ongoing monitoring of the territorial authority’s exercise or performance of its functions, powers, and duties.
Compare: 1991 No 69 s 25A
240 Minister may direct compliance with national instrument
(1)
If a national instrument requires a territorial authority to prepare a document other than a plan, and the authority has not prepared the document as required, the Minister—
(a)
may direct the authority to—
(i)
prepare the document; or
(ii)
amend the document to meet the requirements of the national instrument; and
(b)
must specify a reasonable time frame within which the document must be prepared or amended.
(2)
The Minister—
(a)
may direct a territorial authority to—
(i)
prepare a plan change or variation to address any non-compliance with a national instrument; and
(ii)
use the planning process under this Act to prepare the plan change or variation; and
(b)
must specify a reasonable time frame within which the plan change or variation must be notified.
(3)
However, the Minister must not make a direction under subsection (1) or (2) unless—
(a)
the Minister has investigated the territorial authority under section 237(1)(c) in relation to the non-compliance with the national instrument; and
(b)
the Minister has made recommendations to the territorial authority under section 237(1)(d) in relation to that non-compliance.
241 Minister may direct local authority to take action
(1)
The Minister may direct a local authority to take any action that the Minister considers necessary to address any issue with the local authority’s exercise or performance of its functions, powers, or duties.
(2)
However, the Minister must not issue a direction unless—
(a)
the Minister has investigated the local authority under section 237(1)(a) or (c) in relation to the relevant function, power, or duty; and
(b)
the Minister has made recommendations to the local authority under section 237(1)(b) or (d) in relation to the relevant function, power, or duty.
(3)
The Minister is not required to comply with the requirement in subsection (2)(a) if the Minister has reasonable evidence that a local authority is not exercising or performing the relevant functions, powers, or duties under this Act.
(4)
In subsection (3), reasonable evidence has the meaning given in section 239(4) as if a reference to the territorial authority were a reference to the local authority.
242 Minister may direct commencement of review
(1)
The Minister may direct a territorial authority to commence a review of the whole or any part of its land use plan and, if they do so, must specify a reasonable time frame within which the review must commence.
(2)
For the purpose of subsection (1), section 120(2) to (4) applies to the review with all necessary modifications.
Compare: 1991 No 69 s 25B
243 Requirements related to ministerial directions
(1)
If the Minister makes a direction under section 239, 240, 241, or 242, the Minister must in writing—
(a)
provide the local authority with the reasons for issuing the direction; and
(b)
give a statement to the local authority outlining any outcomes sought by the direction; and
(c)
require the local authority to confirm in writing when they have given effect to the direction; and
(d)
make their reasons, statement, and the local authority response publicly available.
(2)
If the Minister makes a direction under section 241, the local authority must—
(a)
include in its response an outline of how it intends to give effect to the direction; and
(b)
provide the outline within 20 working days after the date of the direction or any later time that the Minister allows.
244 Minister may require certain authorities to provide information
(1)
The Minister may, by notice, require an authority to provide information held by the authority that—
(a)
relates to the exercise or performance of the authority’s functions, powers, or duties under this Act; and
(b)
may reasonably be required by the Minister.
(2)
The notice—
(a)
must be in writing and be dated; and
(b)
may specify the manner in which the information must be provided.
(3)
The authority must provide the information—
(a)
within 20 working days after the date of the notice or any later time that the Minister allows; and
(b)
free of charge.
(4)
In this section, authority means—
(a)
a local authority; or
(b)
a core infrastructure operator approved as a designating authority.
245 Restriction on ministerial direction
The Minister may not give a direction under section 103 of the Crown Entities Act 2004 that relates to the exercise of the EPA’s functions under section 277.
Subpart 3—System performance
246 Chief executive’s system performance function
(1)
The chief executive has a function to maintain strategic oversight of the system established under this Act and the Natural Environment Act 2026.
(2)
The chief executive must perform that function, in accordance with the requirements of this subpart, by—
(a)
monitoring and reporting on—
(i)
the efficiency and effectiveness of that system; and
(ii)
the extent to which the goals of those Acts are achieved; and
(b)
identifying and responding to system-wide issues.
247 Chief executive must prepare system performance framework
(1)
The chief executive must prepare a system performance framework within 12 months after this Act receives Royal assent.
(2)
The framework must set out—
(a)
system performance indicators; and
(b)
the holders of the information that the chief executive will use to inform their understanding of the indicators; and
(c)
matters to be addressed in system performance reports; and
(d)
the process for developing system performance reports, strategic reviews, and independent reviews under sections 249 to 251; and
(e)
publication requirements for strategic review reports, including the reasons that the chief executive may withhold publication of a strategic review report; and
(f)
any other matters that the chief executive considers relevant or necessary.
(3)
The framework must specify who, and how, the chief executive will consult when—
(a)
preparing system performance reports; and
(b)
undertaking strategic reviews; and
(c)
preparing amendments to the framework.
(4)
The chief executive must—
(a)
maintain the framework; and
(b)
publish the framework on an internet site.
Compare: 2023 No 46 s 772
248 Collection of data in support of system performance
(1)
The chief executive may collect data for the purposes described in subsection (2) from any person that performs or exercises functions, powers, or duties under this Act or the Natural Environment Act 2026.
(2)
The purposes for which data may be collected are—
(a)
to enable the chief executive to perform the system performance function under section 246; or
(b)
to support any 1 or more of the following:
(i)
the system performance framework:
(ii)
digital platforms, systems, and tools, including plans and consenting documents:
(iii)
a system performance report under section 249:
(iv)
a strategic review under section 250:
(v)
an independent review under section 251.
(3)
The chief executive may specify—
(a)
the form, manner, and time frame in which the person must provide data; and
(b)
if the same data is to be provided on a regular basis, the frequency of provision of the data.
(4)
If the chief executive collects data under this section from a local authority, the local authority must provide—
(a)
the data that it holds on record; and
(b)
any other data prescribed in regulations.
(5)
If the chief executive collects data under this section from a person that is not a local authority, the person must provide the data that it holds on record that is prescribed in regulations.
249 Chief executive must produce system performance report every 3 years
(1)
The chief executive must produce a system performance report at least every 3 years.
(2)
The system performance report must—
(a)
report on the outcomes of the chief executive’s monitoring of the system, having regard to the system performance function under section 246; and
(b)
address the matters required to be addressed by the system performance framework under section 247(2)(c).
(3)
The chief executive must—
(a)
provide the system performance report to the Minister as soon as practicable after its completion; and
(b)
make the report publicly available no later than 20 working days after it is provided to the Minister.
250 Chief executive may undertake strategic review
(1)
The chief executive may undertake a strategic review—
(a)
at the request of the Minister; or
(b)
at the request of 1 or more persons performing or exercising functions, duties, or powers under this Act or the Natural Environment Act 2026; or
(c)
in relation to a matter that is identified in a system performance report or an independent review; or
(d)
on their own initiative.
(2)
The chief executive may undertake a strategic review in relation to any matter that—
(a)
has an impact on whether the goals of this Act or the Natural Environment Act 2026 will be achieved; or
(b)
has a significant impact on the efficiency or effectiveness of the system.
(3)
The chief executive must—
(a)
provide a draft of the strategic review report to the chief executives of any agencies that have been involved in the development of the report; and
(b)
allow a reasonable period for those chief executives to comment before it is finalised.
(4)
The chief executive must—
(a)
provide a report of the review to the Minister as soon as practicable after its completion; and
(b)
make the report publicly available no later than 20 working days after it is provided to the Minister, unless the chief executive considers that there is good reason, in accordance with the requirements of the system performance framework, to withhold the report.
251 Minister may request independent review
(1)
The Minister may, at any time, request an entity to undertake an independent review of the overall performance of the system established under this Act and the Natural Environment Act 2026, including all persons exercising or performing powers, duties, and functions under those Acts.
(2)
An independent review must—
(a)
provide a view of whether and how system outcomes are being achieved, who or what is driving those outcomes, and where targeted actions or interventions may be required; and
(b)
provide recommendations to the Minister in a report.
(3)
The Minister must publish the report on an internet site within 3 months of receiving it.
(4)
The Minister must consider whether to request an independent review at least every 10 years, taking into account—
(a)
the advice of the chief executive; and
(b)
the findings of previous system performance reports and strategic reviews.
(5)
The Environment Court and any Judges of the Environment Court are excluded from an independent review under this section.
Subpart 4—Environment Court and Planning Tribunal
252 Provisions applying to Environment Court
Schedule 9 has effect according to its terms in relation to the Environment Court and its proceedings.
253 Provisions applying to Planning Tribunal
Schedule 10 has effect according to its terms in relation to the Planning Tribunal, its establishment, and its proceedings.
Part 6 Enforcement and other matters
Subpart 1—Enforcement
Proceedings under this subpart
254 Hearing of proceedings
(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 265 (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 271 or 272 (which relate to appeals against abatement notices and the 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 293 (which relates to offences) and section 302 (which relates to infringement 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)
This subpart does not apply to a protected customary right.
(6)
However, sections 255 to 258 (which relate to the Court making declarations) and sections 315 to 319 (which enable emergency works) apply to the exercise of a protected customary right.
Declarations
255 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 (without limitation) any duty imposed by a national instrument; or
(b)
whether a provision or proposed provision of a land use plan, contrary to section 103(2), does not, or is not likely to, implement a provision of a national instrument or the regional spatial plan; or
(c)
whether or not an act or omission, or a proposed act or omission, contravenes or is likely to contravene this Act, regulations, a rule in a plan or proposed plan, or a planning consent; or
(d)
whether or not an act or omission, or a proposed act or omission,—
(i)
is a permitted activity, restricted discretionary activity, discretionary activity, or prohibited activity; or
(ii)
breaches section 26 (certain existing land uses allowed); or
(e)
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 clause 51 of Schedule 5; or
(f)
any other issue or matter relating to the interpretation, administration, and enforcement of this Act, except for an issue as to whether any of sections 147 to 153 have been, or will be, contravened.
(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.
256 Application for declaration
Any person may at any time apply to the Environment Court in the prescribed form for a declaration.
Compare: 1991 No 69 s 311
257 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)
The notice must be served within 5 working days after the application is made to the court.
Compare: 1991 No 69 s 312
258 Decision on application
After hearing the applicant, and any person served with notice of the application, and any other person who has the right to be represented at proceedings under clauses 51 to 52 of Schedule 9 who wishes to be heard, the court may—
(a)
make the declaration sought by an application under section 256, with or without modification; or
(b)
make any other declaration that it considers necessary or desirable; or
(c)
decline to make a declaration.
Compare: 1991 No 69 s 313
Enforcement orders
259 Scope of enforcement order
(1)
An enforcement order is an order made under section 264 by the Environment Court or an Environment Judge sitting in the District 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, regulations, a rule in a plan, a rule in a proposed plan, or a planning 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 built 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, regulations, a rule in a plan, a rule in a proposed plan, or a planning consent; or
(ii)
avoid, remedy, or mitigate any actual or likely adverse effect on the built environment caused by or on behalf of that person:
(c)
require a person to pay money to or reimburse any other person for any actual and reasonable costs and expenses that the other person has incurred or is likely to incur in avoiding, remedying, or mitigating any adverse effect on the built environment, if 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 rule in a plan or a proposed plan or a planning consent; or
(iv)
any of that person’s other obligations under this Act:
(d)
require a person to do something that, in the opinion of the court, is necessary in order to avoid, remedy, or mitigate any actual or likely adverse effect on the built environment relating to any land of which the person is the owner or occupier:
(e)
change or cancel a planning 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 that materially influenced the decision to grant the consent:
(f)
revoke a planning consent (in whole or in part) or suspend a planning consent (for a specified period in whole or in part) if, in the opinion of the court, there has been significant non-compliance with this Act—
(i)
that is ongoing or repeated; and
(ii)
that, if the consent holder is not a natural person, has been or is the subject of an enforcement order, a pecuniary penalty, or a conviction under this Act or, if the consent holder is a natural person, has been or is the subject of an enforcement order, a pecuniary penalty, or a conviction under this Act within the previous 7 years:
(g)
if the court determines that 1 or more of the requirements of Part 1 or 2 of Schedule 3 have not been observed in respect of a plan, do 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 the plan from a particular date (which may be on or after the date of the order, but no such suspension affects any court order made before the date of the suspension order):
(h)
require a person to take or refrain from taking any specified action so as to comply with any notice or covenant issued or entered into under a condition of a planning consent:
(i)
make an adverse publicity order, a monetary benefit order, or a pecuniary penalty order (see clauses 21, 30, and 31 of Schedule 8).
(2)
For the purposes of subsection (1)(c), actual and reasonable costs include the costs of investigation, supervision, and monitoring of the adverse effect on the built environment, and the costs of any actions required to avoid, remedy, or mitigate the adverse effect.
(3)
Except as provided in section 264(3), an enforcement order may be made on such terms and conditions as the Environment Court thinks fit (including the payment of any administrative fees under section 329 or 330, the provision of security, or the entry into a bond for performance).
(4)
Without limiting subsections (1) to (3), an 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)
When making an enforcement order under subsection (4), the court may order that the restrictions set out in section 21 or 23 do not apply to the restoration activities, provided that the court is satisfied that the conditions of the order are adequate to avoid, remedy, or mitigate any adverse effects on the built environment arising from those activities.
(6)
When making an enforcement order under subsection (1)(f), the court may, having regard to the nature of the non-compliance,—
(a)
revoke the planning consent, and any planning consents associated with that consent that enable the same activity, in whole or in part, with effect on a specified date; or
(b)
suspend the planning consent, and any planning consents associated with that consent that enable the same activity, in whole or in part, for a specified period without conditions or subject to any conditions that the court thinks fit.
(7)
An enforcement order applies, if the court so states, to the personal representatives, successors, and assigns of a person to the same extent as it applies to that person.
Compare: 1991 No 69 s 314
260 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 that 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 293.
Compare: 1991 No 69 s 315
261 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 259(1)(a) to (c).
(2)
An application may at any time be made in the prescribed form to the Environment Court by—
(a)
a local authority, a consent authority, or the EPA for an enforcement order of the kind specified in section 259(1)(d); and
(b)
a local authority or consent authority for an enforcement order of the kind specified in section 259(1)(e); and
(c)
a local authority, a consent authority, or the EPA for an enforcement order of the kind specified in section 259(1)(f); and
(d)
a local authority or the EPA for an enforcement order of a kind specified in section 259(1)(h) or (i).
(3)
An application for an enforcement order under section 259(1)(g) may be lodged—
(a)
by a local authority at any time; or
(b)
by any other person, no later than 3 months after the date on which the 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 259(3) or (4).
Compare: 1991 No 69 s 316
262 Notification of application
(1)
Except as provided in section 265 (which relates to interim enforcement orders), 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)
The notice must be served within 5 working days after the application is made to the Environment Court.
Compare: 1991 No 69 s 317
263 Right to be heard
Except as provided in section 265 (which relates to interim enforcement orders), 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 they wish to be heard within 15 working days after the date on which they were notified of the application.
Compare: 1991 No 69 s 318
264 Decision on application
(1)
After considering an application for an enforcement order, the Environment Court may,—
(a)
except as provided in subsection (2), make any appropriate order under section 259; or
(b)
refuse the application.
(2)
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 planning consent under section 259(1)(f).
(3)
Except as provided in subsection (4), the Environment Court must not make an enforcement order under section 259(1)(a)(ii), (b)(ii), (c)(iv), or (d) against a person if—
(a)
that person is acting in accordance with—
(i)
regulations; or
(ii)
a national rule; or
(iii)
a rule in a land use plan; or
(iv)
a designation; or
(v)
a planning consent; and
(b)
the adverse effects in respect of which the order is sought were expressly recognised by the person who recommended the making of the regulations, national rule, land use plan, or designation, or granted the planning consent, at the time of the recommendation or granting.
(4)
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 recommendation or granting; or
(b)
the person was acting in accordance with a planning consent that has been changed or cancelled under section 259(1)(e).
Compare: 1991 No 69 s 319
265 Interim enforcement order
(1)
Except as provided in this section, the provisions of sections 259 to 264 apply to the application for, and determination of, an interim enforcement order.
(2)
Despite subsection (1), no person may apply for an interim enforcement order under section 259(1)(f).
(3)
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 262; and
(b)
without holding a hearing.
(4)
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 built 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.
(5)
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 must take effect from when it is served or such later date as the order directs.
(6)
A person against whom an interim enforcement order has been made and who was not heard by a Judge before the order was made 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, and, 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.
(7)
An interim enforcement order stays in force until an application for an enforcement order under section 261 is determined, or until it is cancelled by an Environment Judge or a District Court Judge under subsection (6), or it is cancelled by the Environment Court under section 266.
Compare: 1991 No 69 s 320
266 Change or cancellation of enforcement order
(1)
Without limiting section 265(6), 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 262 to 264 (which relate to notification, hearing, and decision-making) apply to every application under subsection (1) as if it were an application for an enforcement order.
(3)
No person may apply to change or cancel an order that revokes a planning consent on the grounds set out in section 259(1)(f).
Compare: 1991 No 69 s 321
Abatement notices
267 Relevant authority defined
In sections 268 to 274, relevant authority means whichever of the following authorises an enforcement officer to issue an abatement notice:
(a)
the local authority:
(b)
the EPA.
268 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, a regulation, a national rule, a rule in a plan or a proposed plan, or a planning 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 built environment:
(b)
requiring that person to do something that, in the opinion of the enforcement officer, is necessary—
(i)
to ensure compliance by or on behalf of that person with this Act, a national rule, a regulation, a rule in a plan or a proposed plan, or a planning consent; or
(ii)
to avoid, remedy, or mitigate any actual or likely adverse effect on the built environment—
(A)
caused by or on behalf of the person; or
(B)
relating to any land of which the person is the owner or occupier:
(c)
requiring a person who is contravening section 31 to adopt the best practicable option to ensure that the emission of noise from their activity does not exceed a reasonable level:
(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 planning consent.
(2)
If any person is under a duty not to use land in a manner that contravenes a rule in a proposed plan under section 21, 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.
269 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 268(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 any reasonable steps 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 271.
270 Form and content of abatement notice
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, which must be a reasonable period informed by 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 271; and
(g)
in the case of a notice under section 268(1)(c), the rights of an enforcement officer under section 269(2) on the failure of the recipient to comply with the notice within the time specified in the notice; and
(h)
the name and address of the relevant authority.
271 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 323; and
(c)
be lodged with the Environment Court and served on the relevant authority whose abatement notice is appealed against within 15 working days after service of the abatement notice on the appellant.
(3)
Any powers that may be exercised by an Environment Judge under this section or section 272 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 planning 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 planning 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.
272 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 268(1)(a)(ii) and the person against whom the notice is served is complying with this Act, regulations, a national rule, a rule in a plan, or a planning consent; or
(b)
a stay is granted by an Environment Judge under subsection (6).
(2)
Any person who appeals under section 271 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 built 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 relevant authority 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.
Compare: 2023 No 46 s 653
273 Cancellation of abatement notice
(1)
If a relevant authority considers that an abatement notice is no longer required, the relevant authority may cancel the abatement notice at any time.
(2)
The relevant authority must give written notice of its decision under subsection (1) 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 relevant authority to change or cancel the abatement notice.
(4)
The relevant authority 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 (3).
(6)
If the relevant authority, after considering an application made under subsection (3) 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 271(2) against the whole or any part of the abatement notice.
Restrictions relating to enforcement orders and abatement notices
274 Restrictions on certain applications for enforcement orders and abatement notices
(1)
No person may apply to the Environment Court for an enforcement order under any of section 259(1)(a) to (c), 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 may apply for an enforcement order under section 259(1)(c) in respect of any actual or reasonable costs and expenses if the costs and expenses that a person has incurred or is likely to incur constitute pollution damage in respect of which the owner of a CLC ship is liable in damages under Part 25 of the Maritime Transport Act 1994. 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.
(3)
In subsection (2), CLC ship and pollution damage have the meanings given in section 342 of the Maritime Transport Act 1994.
Enforcement officers
275 Authorisation and responsibilities of enforcement officers
(1)
A local authority may authorise the following to carry out all or any of the functions and powers of an enforcement officer under this Act:
(a)
any of its officers; or
(b)
any of the officers of any other local authority.
(2)
A local authority may authorise any person who is either or both of the following to exercise or carry out all or any of the functions and powers of an enforcement officer under sections 286 and 287 (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)
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)
A person may be authorised as an enforcement officer under this section if the person has appropriate experience, technical competence, and qualifications relevant to the areas of responsibility proposed to be allocated to the person.
(4)
The local authority must supply an 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.
(5)
An enforcement officer authorised under this section who exercises or purports to exercise any power conferred on them by this Act must have with them, and must produce if required to do so, their warrant and evidence of identity.
(6)
An 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.
Enforcement functions of EPA
276 Terms used in this section and sections 277 to 283
(1)
In this section and sections 277 to 283,—
enforcement action means—
(a)
subject to section 277(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 an obligation under, or a provision of, this Act, any regulations, a rule in a plan, a rule in a proposed plan that has legal effect, a national rule, or a planning consent; 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 261; or
(c)
an application for an interim enforcement order under section 265; or
(d)
the service of an abatement notice under section 268; or
(e)
the filing of a charging document relating to an offence described in section 293; or
(f)
the issuing of an infringement notice under section 304; or
(g)
a monetary benefit order made under clause 30 of Schedule 8; or
(h)
an enforceable undertaking accepted under clause 22 of Schedule 8; or
(i)
an application for a pecuniary penalty order under clause 31 of Schedule 8; 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 (f)
enforcement function means a function of the EPA described in section 277
incident means an occurrence that may, directly or indirectly, be linked to—
(a)
a contravention or possible contravention of a provision of this Act, any regulations, a rule in a plan, a national rule, or a planning consent; 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 256.
(3)
In this section and sections 277 to 283, an enforcement action is executed when, as the case may be, the application for the enforcement order, monetary benefit order, or interim enforcement order is made, the abatement notice is served, the charge is laid, the pecuniary order is applied for, the enforceable undertaking is accepted, or the infringement notice is issued.
277 Enforcement functions of EPA
The EPA may perform any of the following enforcement functions:
(a)
the EPA may take any enforcement action under this Act, subject to confirming that the local authority is not taking an enforcement action of the type set out in paragraphs (b) to (i) of the definition of enforcement action in section 276(1) for 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.
278 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 276(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.
279 EPA may change enforcement functions
(1)
The EPA may change its enforcement function in relation to an incident to another function described in section 277 if the EPA considers that the circumstances require it.
(2)
If the EPA decides to change to an intervention function described in section 277(c), it must include its reasons for the change in the notice required under section 278(1)(a).
280 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 areas of responsibility 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.
281 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.
282 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.
283 Order for payment of EPA’s costs in bringing 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.
Duty to give certain information
284 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 a provision of this Act, a regulation, a national standard, a rule in a plan, a planning consent, or a national rule.
(2)
The enforcement officer may direct person A to give—
(a)
their full name, address, date of birth, and evidence of their identity (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 to 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).
Compare: 2023 No 46 s 726
Excessive noise directions
285 Meaning of excessive noise
(1)
In this Act, 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 a national rule; 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.
286 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 268 to 271 to issue abatement notices relating to unreasonable noise and to seek an enforcement order under section 261.
287 Compliance with excessive noise direction
(1)
A person who is given a direction under section 286 must immediately comply with the direction.
(2)
A person who knows or ought to know that a direction under section 286 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 it; or
(c)
lock or seal the item so as to make it unusable.
(4)
If a direction under section 286 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 it; or
(c)
lock or seal the item so as to make it unusable.
(5)
If an 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 286; 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)
An enforcement officer or constable exercising any power under this section may use such assistance as is reasonably necessary.
(7)
A constable may, in exercising any power under this section, use such force as is reasonable in the circumstances.
288 Return of property seized under section 269 or 287
(1)
If any property is seized and impounded under section 269 or 287, the owner of the property or the person from whom it was seized may apply, at any time, to the relevant authority or police station where the property is held to have the property returned to them.
(2)
If an application is made, the relevant authority or constable must arrange for the return of the property if—
(a)
satisfied that the return of the property is not likely to lead to a resumption of the emission of noise beyond a reasonable level; and
(b)
the applicant has paid all costs incurred by the relevant authority or police in seizing, impounding, transporting, and storing the property.
(3)
If the relevant authority or constable refuses to return the property because they are not satisfied of the grounds specified in subsection (2)(a), the applicant may make an application to the Environment Court, and section 271(2) applies as if—
(a)
the reference to service of the abatement notice on the appellant were reference to any refusal under this section; and
(b)
the time limit for lodging the application were 6 months from the date of seizure.
(4)
The Environment Court, on an application under subsection (3), may—
(a)
order the return of the property subject to any conditions relating to the continued reduction of noise as it thinks fit; or
(b)
refuse the application for the return of the property.
(5)
The relevant authority or the police may dispose of the property, in accordance with subsection (6), if—
(a)
any property seized under section 269 or 287 is not claimed within 6 months after its seizure; or
(b)
the return of the property has been refused under subsection (3) and no application has been lodged within 6 months after the date of seizure; or
(c)
the Environment Court has refused the return of the property under subsection (4)(b).
(6)
A relevant authority or constable wishing to dispose of property under subsection (5)—
(a)
must give written notice to the person from whom the property was seized, if the person’s address is known; and
(b)
may sell or cause the property to be otherwise disposed of; and
(c)
may, where any proceeds are realised, apply these to the payment of costs and expenses incurred in selling the property under this section and any costs incurred in seizing, impounding, transporting, and storing the property; and
(d)
must, on demand, pay the remainder of the proceeds to the person from whom the property was seized.
(7)
In this section, relevant authority means the local authority or the EPA.
Powers of entry and search
289 Power of entry for inspection
(1)
An enforcement officer authorised under section 275 or 280 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, a national rule, a rule in a plan, or a planning consent is being complied with; or
(b)
an enforcement order, interim enforcement order, abatement notice, or enforceable undertaking is being complied with; or
(c)
a person is contravening a rule in a proposed plan in a manner prohibited by section 21.
(2)
For the purposes of subsection (1), an enforcement officer may—
(a)
collect records of their inspection (including measurements, notes, sketches, drawings, photographs, and video recordings); and
(b)
take samples of water, air, soil, or organic matter.
(3)
If a sample is taken under subsection (2)(b), 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)
An enforcement officer who exercises a power of entry under this section must produce for inspection their warrant of appointment 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 a power under this section may use any assistance that is reasonably necessary.
290 Power of entry for survey
(1)
An enforcement officer authorised under section 275 or 280 may enter any place or structure (except a dwelling house or marae) to do all or any of the following:
(a)
carry out surveys, investigations, tests, or measurements:
(b)
collect records of their surveys, investigations, tests, or measurements (including the records referred to in section 289(2)(a)):
(c)
take samples of any water, air, soil, or vegetation.
(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 the place or structure to be entered under subsection (1)—
(a)
that entry on to the place or structure 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)
An enforcement officer who exercises a power of entry under this section must produce for inspection their warrant of appointment upon initial entry and in response to any later reasonable request.
291 Warrant for entry for search
(1)
An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012), on an application made by a constable or an enforcement officer 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 are reasonable grounds 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 will be evidence of an offence against this Act or regulations that is punishable by imprisonment; or
(c)
that is intended to be used for the purpose of committing an offence against this Act or regulations that is punishable by imprisonment.
(2)
Part 4 of the Search and Surveillance Act 2012 applies for the purposes of this section.
(3)
Despite subsection (2), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.
292 Direction and execution of warrant for entry for search
(1)
If a warrant authorises the entry and search of a dwelling house or marae, it must be directed to and executed by a constable.
(2)
Except as provided in subsection (1), every search warrant issued under section 291 must be directed to a constable or an enforcement officer.
(3)
An enforcement officer must be accompanied by a constable during the initial entry of the place or vehicle to be searched.
(4)
Subject to the agreement of the enforcement officer, the constable may leave the place or vehicle at any time after the initial execution of the search warrant.
Offences
293 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, 22, and 23 (which impose duties and restrictions in relation to land, activities in the coastal marine area, and subdivision):
(b)
any enforcement order:
(c)
any abatement notice, other than a notice under section 268(1)(c):
(d)
any monetary benefit order made under clause 30 of Schedule 8:
(e)
clause 26 of Schedule 8 (which imposes a duty to comply with an enforceable undertaking):
(f)
any adverse publicity order made by a court under clause 21 of Schedule 8:
(g)
any requirement or duty in regulations made under section 320 (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, any of the following:
(a)
section 284, which relates to failure to provide certain information to an enforcement officer:
(b)
(c)
any direction under section 286:
(d)
any abatement notice for unreasonable noise under section 268(1)(c):
(e)
any order (other than an order referred to in subsection (1)) made by the Environment Court.
(3)
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)
without sufficient cause, contravenes, or permits a contravention of, any summons or order to give evidence issued or made under clause 67 of Schedule 9:
Limitation periods
294 Limitation period for offences or pecuniary 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 12 months 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 charging document is filed:
(b)
an application for a pecuniary penalty order is 12 months after the date on which the contravention giving rise to the application first became known, or should have become known, to the person on whose behalf the application is made.
Penalties
295 Penalties
(1)
A person who commits an offence against section 293(1) 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 293(1) is also liable on conviction, if the offence is a continuing one,—
(a)
in the case of a natural person, to a fine not exceeding $10,000 for every day or part of a day during which the offence continues:
(b)
in the case of a person other than a natural person, 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 293(2) 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 293(3) 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 293, the court may, instead of or in addition to imposing any other penalty under this section, make 1 or more of the following orders:
(a)
the orders specified in section 259:
(b)
an order requiring a consent authority to serve notice, under section 198, of the review of a planning consent held by the person, but only if the offence involves an act or omission that contravenes the consent.
(7)
A court discharging an offender without conviction under section 106 of the Sentencing Act 2002 may make an enforcement order under section 264 of this Act.
(8)
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.
296 Liability of principal for acts of agents
(1)
If an offence is committed against this Act by a person (person A) acting as the agent or employee of another person (person B), person B is liable for the offence as if person B had personally committed it.
(2)
Subsection (1) does not prejudice the liability of person A.
(3)
If proceedings are brought against person B under subsection (1), 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.
(4)
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.
297 Strict liability and defences
(1)
In any prosecution for an offence set out in section 293(1) 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, at any time before pleas are entered 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).
298 Burden of proving defences
Despite anything to the contrary in the Criminal Procedure Act 2011, the burden of proving that a defence in section 297 applies lies on the defendant.
Compare: 2023 No 46 s 705
299 Fines to be paid to local authority or EPA instituting prosecution
(1)
If a person is convicted of an offence under section 293 and the court imposes a fine, the court must, if the proceedings in relation to the offence were commenced by or on behalf of a local authority or the EPA, order that the fine be paid to the local authority or the EPA.
(2)
There must be deducted from every amount payable to a local authority or the EPA 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 local authority or the EPA 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 whichever of the local authority or the EPA that is 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 local authority or the EPA under subsection (1).
300 Insurance against fines unlawful
(1)
To the extent that a contract of insurance indemnifies or purports to indemnify a person for the person’s liability to pay a fine or an infringement fee under this Act,—
(a)
the contract is of no effect; and
(b)
no court or tribunal has jurisdiction to grant relief in respect of the 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 contract described in subsection (1); or
(b)
through a contract of insurance,—
(i)
indemnify, or offer to indemnify, another person for the other person’s liability to pay a fine or an infringement fee under this Act; or
(ii)
be indemnified, or agree to be indemnified, by another person for that person’s liability to pay a fine or an infringement fee under this Act; or
(iii)
pay to another person, or receive from another person, an indemnity for a fine or an infringement fee under this Act.
(3)
The prohibition in this section against insurance does not apply to legal or remediation costs connected with an activity under this Act.
(4)
A person who contravenes subsection (2) commits an offence and is liable on conviction,—
(a)
for an individual, to a fine not exceeding $50,000:
(b)
for any other person, to a fine not exceeding $250,000.
(5)
In this section, contract of insurance has the meaning given in section 7(1) of the Insurance (Prudential Supervision) Act 2010.
Infringement offences
301 Interpretation
In sections 302 to 308,—
infringement fee, in relation to an infringement offence, means the amount fixed by regulations made under section 323 as the infringement fee for the offence
infringement offence means an offence specified as such in regulations made under section 323.
302 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 304.
(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.
303 Who may issue infringement notices
An enforcement officer may issue infringement notices under this Act.
304 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.
305 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 302(1)(a) or (b) against the person to whom the notice was issued in respect of the same matter.
Compare: 2023 No 46 s 712
306 What infringement notice must contain
An infringement notice must be in the form prescribed by regulations 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 relevant authority:
(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 by regulations.
307 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.
(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.
308 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 may be retained by the EPA.
309 Reminder notices and proceedings
If an infringement notice has been issued under section 304,—
(a)
a reminder notice must be in the form prescribed by regulations and must include the same particulars, or substantially the same particulars, as the infringement notice; and
(b)
proceedings in respect of the offence to which the infringement notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957, and the provisions of that section apply with all necessary modifications.
310 Further provisions relating to enforcement
(1)
Schedule 8 sets out further provisions that relate to—
(a)
financial assurances:
(b)
adverse publicity orders:
(c)
enforceable undertakings:
(d)
monetary benefit orders:
(e)
pecuniary penalty orders.
(2)
Schedule 8 has effect according to its terms.
Proceedings against the Crown
311 Proceedings against the Crown
(1)
An abatement notice or excessive noise direction may be served or issued against an instrument of the Crown, in accordance with this Act, only if—
(a)
the instrument of the Crown is a Crown organisation; and
(b)
the notice or direction is served or issued against the Crown organisation in its own name.
(2)
An enforcement order may be made against an instrument of the Crown, in accordance with this Act, 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.
(3)
Subsections (1) and (2) apply despite section 17(1)(a) of the Crown Proceedings Act 1950.
(4)
An instrument of the Crown may be served with an infringement notice, in accordance with this Act, only if—
(a)
it is liable to be proceeded against for the alleged offence under subsection (5); and
(b)
the notice is served against the Crown organisation in its own name.
(5)
An instrument of the Crown may be prosecuted for an offence against this Act only if—
(a)
it is a Crown organisation; and
(b)
the offence is alleged to have been committed by the 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 the proceedings do not cite the Crown as a defendant; and
(iii)
in accordance with the Crown Organisations (Criminal Liability) Act 2002.
(6)
However, subsections (4) and (5) are subject to 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).
(7)
If a Crown organisation is not a body corporate, it is to be treated as if it were a separate legal personality for the purposes of—
(a)
serving or issuing an abatement notice or excessive noise direction against it; and
(b)
making an enforcement order against it; and
(c)
serving an infringement notice on it; and
(d)
enforcing an abatement notice, excessive noise direction, enforcement order, or infringement notice in relation to it.
(8)
Except to the extent and in the manner provided for in subsections (1) to (7), the Crown may not—
(a)
be served or issued with an abatement notice or excessive noise direction; or
(b)
have an enforcement order made against it; or
(c)
be served with an infringement notice; or
(d)
be prosecuted for an offence against this Act.
Local authorities to have compliance and enforcement strategy
312 Local authorities to prepare compliance and enforcement strategy
A local authority must prepare and publish a compliance and enforcement strategy, in the prescribed manner and setting out the prescribed criteria, that takes into account relevant Treaty settlements, and voluntary or statutory agreements with local iwi, hapū, or Māori.
Compare: 2023 No 46 s 56
Providing information and guidance
313 Local authority or EPA to publish information about their functions, duties, and powers
Local authorities and the EPA must publish on an internet site maintained by them 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, subject to any suppression order made by a court; 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.
Compare: 2023 No 46 s 723
314 Functions, duties, and powers of Ministry
The chief executive must ensure that the Ministry prepares and issues guidance to assist local authorities and the EPA in the exercise of their enforcement functions, duties, and powers under this Act.
Compare: 2023 No 46 s 724
Subpart 2—Emergency works
315 Emergency works and power to take preventive or remedial action
(1)
Subsection (2) applies if, in the opinion of the relevant authority, a relevant matter is affected by or likely to be affected by—
(a)
an adverse effect on the environment that requires immediate preventive measures; or
(b)
an adverse effect on the environment that requires immediate remedial measures; or
(c)
a sudden event causing or likely to cause loss of life, injury, or serious damage to property.
(2)
Sections 21 and 22 do not apply to any activity undertaken by or on behalf of the relevant authority to remove the cause of, or mitigate any actual or likely adverse effect of, the emergency.
(3)
Subsections (1) and (2) apply whether or not the adverse effect or sudden event was foreseeable.
(4)
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.
(5)
In this section,—
lifeline utility means a lifeline utility as defined in section 4 of the Civil Defence Emergency Management Act 2002
relevant authority, in relation to a relevant matter, means the person referred to in the applicable paragraph of the definition of relevant matter
relevant matter means—
(a)
a public work for which any person has financial responsibility; or
(b)
an area for which a local authority or consent authority has jurisdiction under this Act; or
(c)
a project or core infrastructure operation for which a core infrastructure operator is approved as a designating authority under clause 10 of Schedule 5; or
(d)
a service or system that a lifeline utility operates or provides.
Compare: 1991 No 69 s 330(1), (1A), (4), (5)
316 Power to enter places and direct action in emergency
(1)
Subsections (2) and (3) apply if,—
(a)
in the reasonable opinion of a local authority, a public work that the local authority is financially responsible for is likely to be affected by any of the conditions described in section 315(1); or
(b)
in the reasonable opinion of a local authority or consent authority, an area for which the local authority or consent authority has jurisdiction under this Act is likely to be affected by any of the conditions described in section 315(1).
(2)
The local authority or consent authority (by its employees or agents) may, without prior notice,—
(a)
enter any place (including a dwelling house if accompanied by a constable); and
(b)
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 22 do not apply to any action taken under subsection (2).
(4)
As soon as is practicable after a person enters a place under this section, the person must—
(a)
identify themselves to any occupier of the place; and
(b)
inform the occupier of their entry and the reasons for it.
(5)
However, if the occupier of the place cannot be found, the person (and the local authority or consent authority) is not required to take further action to contact the occupier if—
(a)
a notice is displayed in a prominent location on the land that the place is on that gives—
(i)
the date, time, and reasons for the entry; and
(ii)
contact details for a person who can provide further information; and
(b)
as soon as practicable after entering the place, the local authority or consent authority serves written notice (containing the information described in paragraph (a)) to the person who is the ratepayer (within the meaning of section 10 of the Local Government (Rating) Act 2002) for the land that the place is on.
(6)
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)
317 Planning consents for emergency works
(1)
If an activity is undertaken under section 315 or 316, the relevant authority that authorised the activity must notify the appropriate consent authority, within 7 working days, that the activity has been undertaken.
(2)
If the activity, but for section 315 or 316, would contravene section 21 or 22 and the adverse effects of the activity continue, then the relevant authority that authorised the activity must, within 30 working days of the notification under subsection (1), apply to the appropriate consent authority for any planning consents required for the activity.
(3)
If the application is made within the time stated in subsection (2), the activity may continue until the application is decided and any appeals have been finally determined.
(4)
In this section, relevant authority has the meaning given in section 315.
Compare: 1991 No 69 s 330A
318 Emergency works under Civil Defence Emergency Management Act 2002
(1)
Sections 21 and 22 do not apply to an activity that is—
(a)
undertaken by or on behalf of a person exercising emergency powers during a state of emergency declared, or a transition period notified, under the Civil Defence Emergency Management Act 2002; and
(b)
undertaken to remove the cause of, or mitigate any actual or adverse effect of, the emergency.
(2)
The person who authorised the activity must notify the appropriate consent authority, within 7 working days, that the activity has been undertaken.
(3)
If the activity, but for this section, would contravene section 21 or 22 and the adverse effects of the activity continue, the person who authorised the activity must, within 60 working days of the notification under subsection (2), apply to the appropriate consent authority for any planning consents required for the activity.
(4)
If the application is made within the time stated in subsection (3), the activity may continue until the application is decided and any appeals have been finally determined.
(5)
A person does not commit an offence under section 293(1)(a) by acting in accordance with this section.
Compare: 1991 No 69 s 330B
319 Reimbursement or compensation for emergency works
(1)
If the local authority or consent authority takes action under section 316(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 259(2)).
(2)
If the costs are not paid within 20 working days of being required under subsection (1), the authority may seek an enforcement order under section 259(1)(c).
(3)
The following persons are entitled to compensation from the authority for any damage that did not arise from any failure by those persons to comply with their duties under this Act:
(a)
every person having an estate or interest in land that is injuriously affected by the exercise of any power under section 316(2):
(b)
every other person suffering any damage as a result of the exercise of that power.
(4)
Any compensation under subsection (3) 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
320 Emergency response regulations
(1)
The Governor-General may, by Order in Council, make regulations for the purpose of—
(a)
responding to a natural hazard event or other emergency in an area; and
(b)
enabling recovery efforts in the affected area (including any work required to improve the resilience or standard of assets).
(2)
Regulations made under this section—
(a)
may apply only to an area where, under the Civil Defence Emergency Management Act 2002, a state of national or local emergency has been declared or notice given of a local or national transition period; and
(b)
may be made, or continue to apply to that area, after the declaration ceases to have effect or the transition period ends; and
(c)
are revoked on the date that is 3 years after the first declaration is made or notice is given, or any earlier date specified in regulations.
(3)
Regulations made under this section may—
(a)
permit, authorise, or prohibit specific activities:
(b)
modify or alter the plan development processes:
(c)
apply a temporary stay to the processing or granting of certain types or categories of applications for planning consents:
(d)
limit or exclude rights of appeal (other than judicial review) in relation to decisions on planning consents, plan changes, or variations:
(e)
extend the time frames under sections 317 and 318 for lodging retrospective applications for planning consents for emergency works:
(f)
extend or shorten planning consent processing time frames.
(4)
A use of land or the coastal marine area that is permitted or authorised by regulations made under this section must not, for that reason, be treated as—
(a)
a permitted activity, or a use that can be lawfully carried out without a planning consent, for the purposes of section 28(1)(c)(ii), 29(1)(a)(i) or (2)(a)(i), or 30(1)(a)(i); or
(b)
a use that is lawfully established for the purposes of section 26(1)(a), 29(1)(a)(ii) or (2)(a)(ii), or 30(1)(a)(ii).
(5)
Regulations made under this section may incorporate material by reference. Section 64 applies as if a reference in that section to national standards were a reference to regulations made under this section.
(6)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1991 No 69 s 331AA(1), (6)–(9)
| 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. | ||||
321 Requirements for making emergency response regulations
(1)
Regulations must not be made under section 320 except on the recommendation of the Minister.
(2)
Before recommending regulations under section 320, the Minister must—
(a)
be satisfied that the proposed regulations are necessary or desirable for the purpose of this Act:
(b)
be satisfied that the proposed regulations are not broader than is reasonably necessary:
(c)
consider the effects on the environment that could occur as a result of the proposed regulations and whether any adverse effects can be avoided, remedied, or mitigated:
(d)
consult the Minister responsible for administering the Civil Defence Emergency Management Act 2002:
(e)
consult the Minister of Conservation if the regulations would affect the coastal marine area:
(f)
consult any affected local authorities and the following groups, as relevant, and invite them to provide written comments about the proposed regulations:
(i)
iwi authorities:
(ii)
post-settlement governance entities:
(iii)
ngā hapū o Ngāti Porou (as defined in section 10 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019):
(iv)
iwi or hapū who are party to a joint management agreement that applies in the region:
(v)
customary marine title groups:
(vi)
protected customary rights groups:
(vii)
applicant groups (as defined in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011):
(g)
have regard to any comments that are provided by the affected local authorities or groups referred to in paragraph (f) within—
(i)
10 working days of the date on which the Minister invites comments; or
(ii)
any longer period specified by the Minister in writing:
(h)
provide a draft of the proposed regulations to the committee of the House of Representatives that is responsible for the review of secondary legislation (the committee):
(i)
have regard to any comments that are provided by the committee within—
(i)
5 working days of the date on which the Minister provided the draft; or
(ii)
any longer period specified by the Minister in writing.
(3)
Before recommending regulations under section 320, the Minister may—
(a)
invite any other persons that the Minister considers appropriate (including local community groups), or the public generally, to provide written comments about the proposed regulations; and
(b)
have regard to any comments that are provided by them within—
(i)
5 working days of the date on which the Minister invites comments; or
(ii)
any longer period specified by the Minister in writing.
Compare: 1991 No 69 s 331AA(2)–(4)
322 Annual review of emergency response regulations
The Minister must, within 12 months after any regulations made under section 320 come into force, and once in every 12 months after that while the regulations remain in force,—
(a)
review the operation and effectiveness of the regulations; and
(b)
prepare a report on the review; and
(c)
present the report to the House of Representatives as soon as practicable after it has been completed; and
(d)
make public the outcomes of the review.
Compare: 1991 No 69 s 331AB
Subpart 3—Regulations
323 Regulations
(1)
The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
(a)
providing for anything this Act says may or must be provided for by regulations:
(b)
prescribing, for the purposes of any provision of this Act that requires a thing to be done in the manner prescribed by regulations, the manner in which the thing must be done, including prescribing—
(i)
by whom, where, and how the thing must be done:
(ii)
by when the thing must be done, including by setting a deadline:
(iii)
the form that must be used for doing the thing:
(iv)
information or other evidence that must be provided in connection with the thing, including requirements that the information or evidence must comply with:
(v)
requirements for serving notice in connection with the thing:
(c)
prescribing the manner or content of applications, notices, certificates, or any other documentation or information required under this Act, including the service of notices:
(d)
prescribing the form to be used—
(i)
for any application, notice, certificate, or other document or information required under this Act:
(ii)
for the purposes of any provision in this Act that requires a thing to be in the form prescribed by regulations:
(e)
authorising the chief executive of the Ministry to prescribe any form under paragraph (b)(iii) or (d):
(f)
requiring the payment of fees in connection with—
(i)
an application, notice, or request provided for under this Act:
(ii)
the performance or exercise of any function, power, or duty under this Act:
(g)
prescribing any of the following in relation to fees required under paragraph (f):
(i)
the fee payable or the method for ascertaining the fee:
(ii)
the persons liable to pay the fee:
(iii)
the persons to whom the fee must be paid:
(iv)
when the fee must be paid:
(v)
the circumstances in which the fees or charges may be refunded, remitted, or waived (wholly or partly):
(h)
specifying the offences under this Act that constitute infringement offences and prescribing infringement fees for those offences—
(i)
not exceeding $2,000, in the case of a natural person:
(ii)
not exceeding $4,000, in the case of a person other than a natural person:
(i)
specifying requirements for the manner in which a person must comply with section 10(2), including where, how, and when the person must comply with that section:
(j)
prescribing standards, methods, and other requirements for the use of data or digital technology in any document, process, or other matter under this Act:
(k)
deeming to be included in any land use plan or proposed land use plan rules that may apply generally or specifically and that may specify activities as restricted discretionary activities, discretionary activities, or prohibited activities:
(l)
prescribing procedural, administrative, notification, and technical requirements relating to the functions, powers, and duties of the statutory officer appointed under section 221:
(m)
providing for discounts on administrative fees imposed under section 329 when local authorities do not meet time limits set under this Act:
(n)
requiring local authorities to provide information gathered under sections 219 and 220 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:
(o)
providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
(2)
Regulations made under subsection (1)—
(a)
may apply generally; or
(b)
may apply or be applied from time to time by the Minister by notice—
(i)
within any specified district or region of any local authority or within any specified part of New Zealand:
(ii)
to any specified class or classes of persons.
(3)
Regulations may be made under subsection (1)(i) only on the Minister’s recommendation after—
(a)
consulting any relevant post-settlement governance entity, or ngā hapū o Ngāti Porou, on the proposed regulations; and
(b)
being satisfied that the manner of compliance specified in the regulations will, to the greatest extent possible under this Act, have an effect that is the same as, or equivalent to, the effect that the relevant redress or arrangement had under the Resource Management Act 1991.
(4)
Regulations may be made under subsection (1)(k) only on the Minister’s recommendation after being satisfied that the regulations are necessary or desirable for either or both of the following:
(a)
to implement New Zealand’s obligations under any international convention, protocol, or agreement to which New Zealand is a party:
(b)
to enable New Zealand to become a party to any international convention, protocol, or agreement.
(5)
Regulations made under subsection (1) may incorporate material by reference. Section 64 applies as if a reference to national standards in that section were a reference to regulations made under subsection (1).
(6)
The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):
(a)
regulations made under subsection (1):
(b)
a notice made under subsection (2)(b).
Compare: 1991 No 69 s 360
| Legislation Act 2019 requirements for secondary legislation made under subsection (1) | ||||
| 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 made under subsection (2)(b) | ||||
| Publication | The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 | LA19 s 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. | ||||
324 Regulations relating to consent-processing time frames and procedures
(1)
The Governor-General may, by Order in Council, make regulations that provide for time frames and other procedural matters relating to the processing of—
(a)
applications for planning consents:
(b)
applications for certificates of compliance:
(c)
applications for existing use certificates:
(d)
proposed designations:
(e)
construction management plans and waivers for construction management plans.
(2)
Regulations under subsection (1) may—
(a)
prescribe maximum processing time frames for applications that are shorter than the maximum processing time frames specified in section 141:
(b)
prescribe time frames for any step involved in the processing of an application (including in relation to submissions, hearings, and decision-making), if a time frame for that step has not been specified in the Act:
(c)
prescribe matters and time periods that must be excluded from the calculation of the maximum processing time frame under section 141 or paragraph (a):
(d)
prescribe requirements that apply to a request for an extension to a specified time period:
(e)
provide for any other procedural matter that relates to the processing of an application, proposed designation, construction management plan, or waiver.
(3)
Regulations under subsection (1) may apply—
(a)
generally throughout New Zealand or specifically to 1 or more districts or regions:
(b)
to all types of planning consents or to a particular class of planning consents.
(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. | ||||
325 Regulations relating to hearings processes and hearings authorities
(1)
The Governor-General may, by Order in Council, make regulations prescribing—
(a)
requirements relating to the control of any hearing or class of hearings held under this Act by a hearings authority:
(b)
eligibility requirements for persons to be appointed as hearings commissioners under this Act, including requirements that those persons must be accredited:
(c)
other procedural requirements relating to hearings or hearings authorities.
(2)
Without limiting subsection (1), regulations under this section may prescribe—
(a)
requirements relating to—
(i)
the provision of evidence or other information within time limits:
(ii)
the order of business at a hearing:
(iii)
cross-examination (including by prohibiting cross-examination or limiting the conduct of it):
(iv)
the term of an independent hearings panel and of individual members:
(b)
requirements that evidence or submissions be—
(i)
recorded:
(ii)
taken as read:
(iii)
limited to matters in dispute:
(iv)
presented within a time limit:
(c)
powers and duties of the chairperson of an independent hearings panel:
(d)
powers to remove members of an independent hearings panel or hearings commissioners for just cause.
(3)
Regulations under this section may prescribe different requirements for—
(a)
different hearings authorities:
(b)
different hearings or classes of hearings.
(4)
In this section, hearings authority has the meaning given in section 337.
(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. | ||||
Planning consent levy
326 Regulations relating to planning consent levy
(1)
The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations prescribing a levy on planning consents and permitted activities registered under section 210.
(2)
The Minister may recommend the making of regulations under this section to fund the following functions under this Act:
(a)
the development and review of national instruments:
(b)
system performance monitoring, including associated data collection.
(3)
Before recommending the making of regulations under this section, the Minister must—
(a)
follow the process set out in section 65, as if the recommendation for regulations were for a proposed national instrument; and
(b)
seek and consider economic and financial advice relating to the levy from relevant central government agencies and local authorities.
(4)
Regulations made under this section may—
(a)
set different levy rates for different consents and permitted activities; and
(b)
prescribe the amount of the levy or a method for calculating the amount; and
(c)
specify who is liable to pay the levy; and
(d)
provide for refunds of, exemptions from, or waivers of a levy, in whole or in part, in any class of case, including prescribing any criteria that must be met for a refund, an exemption, or a waiver to apply; and
(e)
in relation to levies,—
(i)
provide for matters relating to the non-payment of levies:
(ii)
set the prescribed rate of interest payable on any unpaid amount of levy:
(iii)
specify the department, consent authority, or other agency responsible for enforcing levies; and
(f)
set out reporting obligations of central government and consent authorities in relation to levies set under this section.
(5)
The Minister must ensure that the rates are set so that the levy does not exceed the anticipated costs of the functions specified in subsection (2).
(6)
The following are exempt from any levies prescribed by regulations made under this section:
(a)
a protected customary rights group—
(i)
when exercising a protected customary right for which they are not liable under section 52(2) of the Marine and Coastal Area (Takutai Moana) Act 2011; and
(ii)
when exercising any other protected customary right under that Act:
(b)
a customary marine title group—
(i)
when exercising a customary right for which they are not liable under section 60(2) of that Act; and
(ii)
when undertaking an activity in relation to their customary marine title area.
(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. | ||||
Regulations relating to transitional, savings, and related provisions
327 Transitional and savings provisions for orderly implementation of this Act and Natural Environment Act 2026
(1)
The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations for all or any of the following purposes:
(a)
providing that, subject to any conditions stated in regulations, transitional or savings provisions prescribed by the regulations that relate to the implementation of this Act or the Natural Environment Act 2026 (in addition to, or in substitution for, any other transitional, savings, or related provisions in Schedule 1) apply during the whole or any part of the period ending on the relevant date:
(b)
providing that, subject to any conditions stated in the regulations, specified provisions of this Act (including definitions and any transitional, savings, or related provisions in Schedule 1) or the Natural Environment Act 2026, or provisions of other legislation amended, revoked, or repealed by this Act, do not apply, or continue to apply or apply with modifications or additions, or both, during the whole or any part of the period ending on the relevant date.
(2)
If regulations made under this section extend the time frame specified in clause 9 of Schedule 1 that applies to a key instrument described in that clause, the extension must not affect the order in which a key instrument is to be issued, notified, or decided as set out in that clause.
(3)
However, regulations made under this section may not shorten a time frame specified in clause 9 of Schedule 1 that applies to a key instrument described in that clause.
(4)
The Minister must, before recommending regulations under this section, be satisfied that the regulations—
(a)
are necessary or desirable for the orderly implementation of this Act or the Natural Environment Act 2026; and
(b)
are consistent with the purposes of this Act or the Natural Environment Act 2026.
(5)
All regulations made under this section that are still in force on the relevant date are revoked at the close of that day.
(6)
Nothing in Schedule 1 limits this section.
(7)
In this section, relevant date means the day that is 5 years after the date this Act receives Royal assent.
(8)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 2023 No 35 s 466
| 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—Miscellaneous
Collection and spending of levy
328 Collection and spending of planning consent levy
(1)
This section applies to any money liable to be paid from any levy imposed by regulations made under section 326.
(2)
Consent authorities must collect the money.
(3)
Consent authorities must pay the money collected to the Ministry.
(4)
The money collected may only be used for the purposes described in section 326(2)(a) and (b).
(5)
The person liable to pay the levy must pay interest on any unpaid amount of levy at the prescribed rate in accordance with the regulations.
(6)
The money, including any interest due under subsection (5), is a debt due to the entity owed the levy from the person liable to pay the levy and may be recovered in a court of competent jurisdiction.
Administrative fees
329 Administrative fees
(1)
A local authority may fix fees payable for all or any of the following:
(a)
(b)
fees payable by an applicant for a planning consent (including an applicant for a certificate of compliance, an existing use certificate, or an application made jointly with an application to exchange reserve land) for the local authority carrying out its functions as consent authority for that application:
(c)
fees payable by an applicant for a planning consent who requests under section 159(b)(i) that the application be heard by 1 or more hearings commissioners, for the cost of the application being heard and decided in accordance with that request:
(d)
fees payable by the holder of a planning consent for the local authority carrying out its functions as a consent authority in reviewing the conditions of that consent if the review of the conditions is carried out—
(i)
at the request of the consent holder; or
(ii)
under section 198(1)(a), (b), or (d); or
(iii)
under section 198(2):
(e)
fees payable by the holder of a planning consent (including a holder of a certificate of compliance or an existing use certificate) for either or both of the following:
(i)
the local authority carrying out its compliance and monitoring functions in relation to planning consents, certificates of compliance, and existing use certificates:
(ii)
the performance by a territorial authority of its obligations under section 219 (which relates to monitoring and information gathering):
(f)
fees payable by a person carrying out a permitted activity for the local authority carrying out its monitoring functions in relation to that activity, if national standards empower the local authority to charge for the monitoring:
(g)
fees payable by a person carrying out a permitted activity for the local authority carrying out its monitoring functions relating to the person’s compliance with a rule in a land use plan (or a rule in a proposed land use plan that has legal effect) that relates to the permitted activity, but this paragraph does not apply to a rule that permits the same activity as is permitted by a national rule:
(h)
fees payable by a designating authority for a territorial authority carrying out any of its functions under this Act relating to a designation or proposed designation of the designating authority:
(i)
fees payable by a person who, in the opinion of an enforcement officer, has contravened this Act for the local authority carrying out any function necessary to determine whether the contravention has occurred:
(j)
fees payable by a person who is the subject of an abatement notice or an enforcement order for the local authority carrying out its compliance and monitoring functions relating to the notice or order:
(k)
fees payable by persons liable to pay a planning consent levy for the cost of the local authority collecting that levy:
(l)
fees payable by persons requesting information about land use plans, proposed land use plans, or planning consents for the local authority providing that information:
(m)
fees payable by persons requesting documents for the local authority providing those documents:
(n)
any other fee authorised by regulations made for the purposes of this subsection.
(2)
Fees fixed under this section must be—
(a)
prescribed as a specific amount in the instrument setting the fee; or
(b)
ascertained in a manner prescribed by that instrument.
(3)
A local authority may fix different fees 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 persons; or
(b)
if any activity undertaken by the person liable to pay the fee reduces the costs to the local authority.
(4)
Fees fixed under this section must be made—
(a)
in the manner set out in section 150 of the Local Government Act 2002 (which, among other matters, requires the fees to be set by a bylaw); and
(b)
after—
(i)
considering the matters in section 331(2) and (3); and
(ii)
using the special consultative procedure set out in section 83 of the Local Government Act 2002.
(5)
However, subsection (4)(a) and (b)(ii) does not apply in relation to a fee set by the Minister of Conservation when exercising the functions, powers, or duties of a local authority conferred on them by section 213 in relation to certain offshore islands.
(6)
A fee set under this section by the Minister of Conservation exercising the functions, powers, or duties of a local authority conferred on them by section 213 is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
(7)
See also section 161A(1) of the Local Government Act 2002, which provides that a bylaw that is made by a local authority is secondary legislation.
Compare: 1991 No 69 ss 36(1)–(4), 36AAA(4)
| Legislation Act 2019 requirements for secondary legislation referred to in subsection (6) | ||||
| Publication | The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 | LA19 s 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. | ||||
330 Additional administrative fees
(1)
If a fee fixed under section 329 is, in any particular case, inadequate to enable a local authority to recover its actual and reasonable costs for the matter concerned, the local authority may (after considering the criteria in section 331(2) and (3)) require the person who is liable to pay the fee to also pay an additional fee to the local authority.
(2)
A local authority must, on request by any person liable to pay a fee fixed under section 329, provide an estimate of any additional fee likely to be imposed under this section.
(3)
A person may apply to the Planning Tribunal to review a decision to require an additional fee under this section.
Compare: 1991 No 69 s 36(5)–(7)
331 Considerations for fixing administrative fees
(1)
This section sets out the matters that a local authority must have regard to before fixing a fee under section 329 or requiring an additional fee under section 330.
(2)
The sole purpose of a fee or additional fee is to recover the reasonable costs incurred by the local authority in respect of the activity to which the fee relates.
(3)
A person should be required to pay a fee or additional fee only—
(a)
to the extent that the benefit of the local authority’s actions to which the fee relates is obtained by those persons as distinct from the community of the local authority as a whole; or
(b)
where the need for the local authority’s actions to which the fee relates results from the actions of that person; or
(c)
in the case of a fee relating to a territorial authority’s monitoring functions under section 219(1)(a) (which relates to monitoring its district),—
(i)
to the extent that the monitoring relates to the likely effects on the built environment of that person’s activities; or
(ii)
to the extent that the likely benefit to those persons of the monitoring exceeds the likely benefit of the monitoring to the community of the territorial authority as a whole.
Compare: 1991 No 69 s 36AAA(1)–(3)
332 Other matters relating to administrative fees
(1)
A local authority may, in any particular case and in its absolute discretion, refund or waive the whole or any part of—
(a)
a fee fixed under section 329 that would otherwise be payable; or
(b)
an additional fee required under section 330.
(2)
If a fee fixed under section 329 or an additional fee required under section 330 is payable to a local authority, the local authority need not perform the action to which the fee relates until the fee has been paid in full.
(3)
However, subsection (2) does not apply to a fee or additional fee to which section 329(1)(d)(iii) applies (which relates to a review of the conditions of a planning consent required by an order of the Environment Court).
(4)
A local authority must, in the manner prescribed by regulations, make publicly available an up-to-date list of fees fixed under section 329.
Compare: 1991 No 69 s 36AAB
333 Discounts on administrative fees
(1)
A local authority may, after following the special consultative procedure set out in section 83 of the Local Government Act 2002, adopt a policy for discounting fees imposed under section 329 in circumstances where—
(a)
an application for a planning consent or an application to change or cancel the conditions of a consent is not processed within the time frames set out in this Act; and
(b)
responsibility for the failure sits with the local authority.
(2)
The policy must specify—
(a)
the discount, or the method for ascertaining the discount, that would be given for any fees paid or owing; and
(b)
the procedure an applicant must follow to obtain the discount.
(3)
A local authority must provide a discount on an administrative fee imposed under section 329 as follows:
(a)
if the local authority has not adopted a policy for discounts under subsection (1), if regulations made under section 323(1)(m) require the local authority to provide a discount:
(b)
if the local authority has adopted a policy under subsection (1), it must provide a discount under whichever of the policy or regulations under section 323(1)(m) are more generous in the particular case.
Compare: 1991 No 69 s 36AA
Extensions and waivers
334 Power to extend time limits or waive requirements
(1)
A consent authority or a local authority may—
(a)
extend a time period specified in this Act or in regulations up to a period not exceeding twice the maximum time period specified in this Act or regulations:
(b)
waive a failure to comply with a requirement under this Act, regulations, or a land use plan for the time or method of service of documents.
(2)
A consent authority or local authority must not extend a time limit or waive a requirement under this section unless it has first 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 the proposal; and
(c)
its obligations under section 16(1)(b); and
(d)
in the case of an extension or a waiver relating to an application for a planning consent, an application to change or cancel the condition of a planning consent, or a review of a planning consent, whether the extension or waiver will assist the consent authority in its consideration of the application under subpart 4 or 6 of Part 4.
(3)
In addition to the requirements in subsection (2), a consent authority must not extend a time period relating to an application for a planning consent, an application to change or cancel a condition of a planning consent, or a review of a planning consent, unless—
(a)
the applicant agrees; or
(b)
special circumstances apply (including special circumstances existing by reason of the scale or complexity of the matter, but excluding any circumstances relating to lack of staff capacity or lack of availability of experts).
(4)
A time period may be extended under this section whether or not the period has expired.
(5)
A consent authority or local authority must ensure that every person who, in its opinion, is directly affected by an extension or waiver under this section is notified of the extension or waiver.
(6)
A person that has applied for a planning consent may apply to the Planning Tribunal to review a decision of a consent authority to extend a time period on the basis of special circumstances.
335 Matters for which time period must not be extended or waived
A consent authority or local authority must not, under section 334, waive or extend—
(a)
the time period for processing and deciding an application for a planning consent for a wood-processing activity or specified energy activity (see section 142); or
(b)
the time period by which the local authorities of a region must publish their decisions on an independent hearings panel’s recommendations on a draft regional spatial plan (see clauses 25(6) and 26 of Schedule 2); or
(c)
the time period by which the local authority must publish its decisions on an independent hearings panel’s recommendations on a proposed land use plan (see clauses 28(8) and 29 of Schedule 3); or
Compare: 1991 No 69 s 37(1A), (1B)
336 Waiver or direction relating to information
(1)
This section applies if—
(a)
a person is required to provide information under this Act; and
(b)
the information is not provided, or is inaccurate, or an associated procedural requirement is not complied with.
(2)
The consent authority or local authority may—
(a)
waive compliance with the requirement; or
(b)
direct that the omission or inaccuracy be rectified on terms that the consent authority or local authority thinks fit.
Compare: 1991 No 69 s 37(2)
Provisions relating to decisions and hearings
337 Meaning of hearings authority
In sections 338 and 339, hearings authority means—
(a)
an independent hearings panel, in relation to—
(i)
a draft regional spatial plan (including a change to a regional spatial plan):
(ii)
a proposed land use plan (including a plan change or variation):
(iii)
a private plan change:
(b)
a consent authority or independent hearings commissioner, in relation to any of the following:
(i)
an application for a planning consent:
(ii)
an application to change or cancel a condition of a planning consent:
(iii)
a review of the conditions of a planning consent:
(c)
a recommending authority in relation to a proposed designation (including an alteration to a designation).
338 Report to hearings authority
(1)
This section and section 339 apply to the following:
(a)
an independent hearings panel making recommendations on a draft regional spatial plan (including a change to a regional spatial plan):
(b)
an independent hearings panel making recommendations on a proposed land use plan (including a plan change or variation) or a private plan change:
(c)
a consent authority or hearings commissioner making a decision on any of the following:
(i)
an application for a planning consent:
(ii)
an application to change or cancel a condition of a planning consent:
(iii)
a review of the conditions of a planning consent:
(d)
a recommending authority making a recommendation on a proposed designation (including an alteration to a designation).
(2)
At any reasonable time before a hearing (or, if no hearing is to be held, before the relevant decision or recommendation is made), a hearings authority may require the preparation of a report on any information provided by—
(a)
a submitter (in the case of a draft regional spatial plan or proposed land use plan); or
(b)
the requester or a submitter (in the case of a private plan change); or
(c)
the applicant or a submitter (in the case of an application for a planning consent); or
(d)
the consent holder or a submitter (in the case of an application to change or cancel a condition of a planning consent, or a review of the conditions of a planning consent); or
(e)
the designating authority or a submitter (in the case of a proposed designation).
(3)
The hearings authority may—
(a)
require an officer of the local authority (or, in the case of a draft regional spatial plan, a member of the secretariat) to prepare the report; or
(b)
commission a consultant or any other person employed for that purpose to prepare the report.
(4)
A report does not need to repeat information included in any application or submission in relation to the matter under consideration, but may instead adopt all or part of that information by referring to it.
(5)
The hearings authority may consider a report—
(a)
at any hearing; or
(b)
when making the decision or recommendation if no hearing is held.
(6)
The hearings authority must, within the time frame prescribed by regulations, provide an electronic copy of a report to—
(a)
the applicant, requester, consent holder, or designating authority (as the case requires); and
(b)
every submitter on the matter under consideration.
(7)
The authority may waive compliance with subsection (6) if it is satisfied that there is no material prejudice, or is not aware of any material prejudice, to any person who should have been provided with a copy of the report under that subsection.
Compare: 1991 No 69 s 42A
339 Hearing to be held in public and orders protecting sensitive information
(1)
A hearing held by a hearings authority must be held in public.
(2)
A hearings authority may, at their own initiative or on the application of any party to a proceedings, make an order protecting sensitive information if satisfied that—
(a)
the order is necessary to avoid—
(i)
serious offence to tikanga Māori or to avoid the disclosure of the location of any 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)
in the circumstances, the importance of avoiding such offence, disclosure, or prejudice outweighs the public interest in making that information available; and
(c)
any requirements prescribed by regulations are met.
(3)
An order protecting sensitive information may—
(a)
require that all or part of any hearing 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 hearings authority in the course of any proceedings, whether or not the information is material to those proceedings.
(4)
A hearings authority may make an order under subsection (3)(b) that applies—
(a)
indefinitely or until a date fixed by the hearings authority as appropriate in the circumstances, if the order relates to a matter described in subsection (2)(a)(i); or
(b)
until the close of the relevant proceedings but no longer, in any other case.
(5)
If an order made under subsection (3)(b) ends, the provisions of the Local Government Official Information and Meetings Act 1987 apply to the information that was subject to the order.
(6)
A party to any proceedings may apply to the Environment Court under clause 17(1)(a) of Schedule 9—
(a)
for an order cancelling or varying any order made under this section; or
(b)
for an order protecting sensitive information, if a hearings authority has declined to make an order under this section.
Compare: 1991 No 69 s 42
Service of documents
340 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 (other than a Minister of the Crown); 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)
sending it to the person at an electronic address that is used by the person; or
(e)
complying with a means of service prescribed by regulations; or
(f)
in the case of a notice or other document to be served on a Crown organisation,—
(i)
delivering it at the organisation’s head office or principal place of operation; or
(ii)
sending it to an electronic address that the organisation has specified for its head office or principal place of operation; or
(iii)
a method agreed between the organisation and the person serving the notice or document.
(2)
However, subsection (1) does not apply if—
(a)
the notice or other document is to be served on a person to commence, or in the course of, court proceedings; and
(b)
the court, either expressly or in its rules or practices, requires a different method of service.
(3)
Nothing in subsection (1) overrides the Electronic Courts and Tribunals Act 2016.
(4)
If a notice or other document is to be served on or given to 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 treated as service on the Minister.
(5)
If a notice or other document is to be served on or given to 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 treated as service on the body.
(6)
If a notice or other document is to be served on or given to a partnership for the purposes of this Act, service on any one of the partners in accordance with subsections (1) and (5) is treated as service on the partnership.
(7)
If a notice or other document is sent by post to a person in accordance with subsection (1)(c), it is treated as, in the absence of proof to the contrary, being received by the person at the time at which the letter would have been delivered in the ordinary course of the post.
Compare: 1991 No 69 s 352
Crown’s existing rights to resources to continue
341 Crown’s existing rights to resources to continue
The repeal by this Act of any legislation does not affect any right, interest, or title to any land or water acquired, accrued, established by, or vested in the Crown before the date on which this section comes into force, and every such right, interest, and title continues after that date as if that legislation had not been repealed.
Compare: 1991 No 69 s 354
Matters may be determined by arbitration
342 Matters may be determined by arbitration
(1)
If any persons are unable to agree about any matter in respect of which any of those persons has a right of appeal under this Act, any of those persons may apply to the Environment Court for an order that the matter be determined by arbitration under the Arbitration Act 1996 (an order for arbitration).
(2)
However, a person—
(a)
may only apply for an order for arbitration if every person who has the right of appeal, and the person who would be the respondent in any appeal, agree; and
(b)
must not apply for an order for arbitration for an appeal relating to a proposed land use plan or to a designation or proposed designation.
(3)
The Environment Court may grant an order for arbitration on terms that court considers appropriate.
(4)
If an order for arbitration is made, no person may lodge or proceed with any appeal on the matter to which the order relates without the leave of the Environment Court.
(5)
Subject to the terms of the order for arbitration, the arbitrator has the same powers, duties, and discretions as the person who made the decision and may, in their award, confirm, amend, or cancel the decision.
(6)
Except as otherwise expressly provided, this section does not limit the right of any persons to refer to arbitration any disputed matter arising under this Act.
Compare: 1991 No 69 s 356
Amendments to other legislation and repeal of Resource Management Act 1991
343 Amendments to other legislation
(1)
Amend the legislation specified in Part 1 of Schedule 12 as set out in that Part.
(2)
Amend the Resource Management Act 1991 as set out in Part 2 of Schedule 12.
(3)
Amend the Fast-track Approvals Act 2024 as set out in Part 3 of Schedule 12.
(4)
Amend the Resource Management Act 1991 as set out in Part 4 of Schedule 12.
(5)
Amend the legislation specified in Part 5 of Schedule 12 as set out in that Part.
(6)
Amend the legislation specified in Part 6 of Schedule 12 as set out in that Part.
(7)
Amend the legislation specified in Part 7 of Schedule 12 as set out in that Part.
344 Repeal of Resource Management Act 1991
(1)
The Resource Management Act 1991 (1991 No 69) is repealed.
(2)
See section 2.
Schedule 1 Transitional, savings, and related provisions
Contents
Part 1 Provisions relating to this Act as enacted
1 Interpretation
(1)
In this Part, unless the context otherwise requires,—
initial national standard means a national standard identified as an initial national standard under clause 10
new legislation means this Act and the Natural Environment Act 2026
region’s specified transition date, in relation to a region specified in an order made under clause 4(1)(b), means the date on which the order applies the new legislation to that region
resource consent means a resource consent under the RMA
RMA means the Resource Management Act 1991
RMA instruments means any of the following instruments made or issued under the RMA and in effect immediately before the specified transition date:
(a)
a national policy statement:
(b)
a regional policy statement:
(c)
a regional coastal plan:
(d)
a district plan (including any heritage orders):
(e)
a plan change or variation:
(f)
a proposed plan:
(g)
a regional plan:
(h)
national planning standards:
(i)
a national environmental standard:
(j)
a combined document:
(k)
the Chatham Islands Council’s resource management document:
(l)
heritage authority approvals:
(m)
secondary legislation made under the RMA
specified transition date means—
(a)
the date specified in an order made under clause 4(1)(a) on which the new legislation applies to the whole of New Zealand; or
(b)
the date specified in an order made under clause 4(1)(b) on which the new legislation applies to 1 or more specified regions or areas
transition period means the period—
(a)
commencing 1 month after this Act receives Royal assent; and
(b)
ending on the close of the day before the specified transition date.
(2)
In this schedule, a resource consent or an approval granted or deemed to be granted under the RMA is current if it has not expired, lapsed, or been cancelled or surrendered under that Act.
2 Overview of transition to new system
(1)
When this Act and the Natural Environment Act 2026 receive Royal assent,—
(a)
activity under those Acts will be focused on making national instruments and preparing planning instruments; and
(b)
the RMA continues to apply.
(2)
The transition period will start 1 month after Royal assent and end on the day before the specified transition date. During the transition period,—
(a)
the RMA continues to apply subject to the amendments made to it in Part 2 of Schedule 12; and
(b)
national instruments will be issued, regional spatial plans will be notified and decided, and land use plans and natural environment plans will be prepared (in that order).
(3)
The new legislation will apply—
(a)
nationally on a specified transition date set by Order in Council if the Minister is satisfied that—
(i)
all regional spatial plans have been decided; and
(ii)
all proposed land use plans and natural environment plans have been notified; or
(b)
in a region or area on a specified transition date set by Order in Council if the Minister is satisfied that it is necessary or desirable to facilitate an orderly transition to the new system as soon as reasonably practicable and that the following has occurred (as applicable):
(i)
the regional spatial plan for the region has been decided; and
(ii)
the proposed natural environment plan and each proposed land use plan in the region has been notified; and
(iii)
the proposed plan for the area (that is not a region or district) has been notified.
(4)
If the new legislation applies nationally, on and from the specified transition date,—
(a)
the RMA, including all RMA planning instruments, ceases to apply; and
(b)
the rest of this Act and the Natural Environment Act 2026 apply; and
(c)
the rules in all notified proposed land use plans and natural environment plans have legal effect; and
(d)
all land use plans and natural environment plans that have been decided are made operative.
(5)
If the new legislation applies to a region or an area, on and from the specified transition date,—
(a)
the consequences described in subclause (4)(a) to (d) apply; but
(b)
only in relation to the region or area specified in the Order in Council.
(6)
This clause is only a guide to the general scheme and effect of clauses 3 to 16 of this schedule.
3 Commencement of transition period
(1)
The transition period commences on the date that is 1 month after this Act receives Royal assent.
4 Order in Council specifying when new legislation applies nationally or to specified regions or areas
(1)
The Governor General may, by Order in Council, on the recommendation of the Minister,—
(a)
specify the date on which the new legislation will apply to the whole of New Zealand; or
(b)
specify the date on which the new legislation will apply to 1 or more specified regions or areas.
(2)
The Minister may not make a recommendation under subclause (1)(a) unless both the following have occurred:
(a)
all regional spatial plans have been decided under clause 25 of Schedule 2; and
(b)
all proposed land use plans and natural environment plans have been notified for submissions under clause 15 of Schedule 3.
(3)
The Minister may not make a recommendation under subclause (1)(b) unless—
(a)
the Minister is satisfied that the order is necessary or desirable to facilitate an orderly transition from the RMA to the new legislation as soon as reasonably practicable; and
(b)
the following (as applicable) have occurred in respect of the region or area to which the order will apply:
(i)
the regional spatial plan has been decided under clause 25 of Schedule 2; and
(ii)
the proposed land use plan has been notified for submissions under clause 15 of Schedule 3; and
(iii)
the proposed natural environment plan has been notified for submissions under clause 15 of Schedule 3; and
(c)
if a district straddles 2 or more regions, the Minister is satisfied that the order enables all parts of the district to be subject to the new legislation at the same time.
(4)
The date specified in an order made under subclause (1)(a) or (b) must be a date that is—
(a)
after 31 December 2027; and
(b)
no earlier than 6 weeks after the order is made.
(5)
An Order in Council made 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. | ||||
5 Effect of orders under clause 4
(1)
If an order made under clause 4(1)(a) specifies the date on which the new legislation applies to the whole of New Zealand, on and from that date,—
(a)
national rules apply; and
(b)
(c)
(d)
the provisions described in section 2(3) and (6) of this Act and section 2(2) of the Natural Environment Act 2026 apply; and
(e)
the RMA, including all RMA instruments, ceases to apply.
(2)
If an order made under subclause (4)(1)(b) specifies the date on which the new legislation applies to a specified region or area, on and from that date,—
(a)
national rules apply to the specified region or area; and
(b)
(c)
any of the following that apply within a specified region or area that would otherwise have been made or treated as operative in accordance with clause 45 or 61 of Schedule 4 is made or treated as operative:
(i)
a proposed natural environment plan:
(ii)
a proposed land use plan:
(iii)
a rule in a proposed plan:
(d)
the provisions described in section 2(3) of this Act and section 2(2) of the Natural Environment Act 2026 apply to the specified region or area; and
(e)
the RMA, including all RMA instruments, ceases to apply to the specified region or area.
(3)
If an order made under clause 4(1)(b) is the final order, the following paragraphs apply instead of subclause (2)(d) and (e):
(a)
the provisions described in section 2(3) and (6) of this Act and section 2(2) of the Natural Environment Act 2026 apply on the date specified in the order; and
(b)
the RMA, including all RMA instruments, ceases to apply on that date.
(4)
Subclauses (1)(e), (2)(e), and (3)(b) do not limit sections 31 to 34 of the Legislation Act 2019.
6 Changes do not apply to region or area that has not transitioned
(1)
This clause applies if—
(a)
an order has been made under clause 4(1)(b) in relation to 1 or more specified regions or an area; and
(b)
the provisions referred to in section 2(3) of this Act and section 2(2) of the Natural Environment Act 2026 have come into force; but
(c)
the new legislation does not yet apply to another region or area under clause 5(2) (the region or area that has not transitioned).
(2)
The provisions referred to in section 2(3) of this Act and section 2(2) of the Natural Environment Act 2026 do not apply to the region or area that has not transitioned.
(3)
The provisions of legislation that are amended, revoked, or repealed by Part 5 of Schedule 12 or section 344 continue to apply to the region or area that has not transitioned as if the legislation had not been amended, revoked, or repealed.
7 Application of requirement to have instrument in place at all times
A requirement in this Act or the Natural Environment Act 2026 that there must always be an instrument or that an instrument be always or at all times in place is subject to clause 9.
8 References in other legislation to proposed plans that have legal effect
(1)
This clause applies if any legislation other than this Act or the Natural Environment Act 2026 refers to a land use plan or natural environment plan.
(2)
A proposed land use plan or proposed natural environment plan that has legal effect under clause 5 must be treated as operative for the purposes of that other legislation.
First key instruments
9 First key instruments under this Act and Natural Environment Act 2026
First set of national instruments under both Acts to be issued
(1)
No later than 12 months after this Act receives Royal assent, the Minister must take reasonable steps to ensure that—
(a)
the national policy direction under this Act is issued; and
(b)
the national policy direction under the Natural Environment Act 2026 is issued.
(2)
National standards under this Act or the Natural Environment Act 2026 may not be issued until after national policy direction under this Act or the Natural Environment Act 2026 (as the case may be) is issued.
(3)
After the first national policy direction is issued under this Act, the Minister must take reasonable steps to ensure that,—
(a)
within 12 months after this Act receives Royal assent, national standards providing direction on the structure and form of regional spatial plans are issued; and
(b)
within 21 months after this Act receives Royal assent, national standards that contain plan provisions to support the development of land use plans are issued.
(4)
After the first national policy direction is issued under the Natural Environment Act 2026, the Minister must take reasonable steps to ensure that,—
(a)
within 18 months after that Act receives Royal assent, the following are issued:
(i)
national standards required by section 53(1)(a) to (d) of that Act (mandatory domains for human health limits):
(ii)
national standards required by section 66 of that Act (methodologies for setting ecosystem health limits); and
(b)
within 21 months after that Act receives Royal assent, national standards that contain plan provisions to support the development of natural environment plans are issued.
Regional spatial plan to be notified
(5)
After the first national policy direction is issued under this Act, the spatial plan committee and the local authorities of each region must take reasonable steps to ensure that—
(a)
the draft regional spatial plan for the region is notified for submissions under clause 18 of Schedule 2 by the later of the following dates:
(i)
21 months after Royal assent:
(ii)
9 months after national policy direction is issued under this Act and national policy direction is issued under the Natural Environment Act 2026; and
(b)
the local authorities make and publish their decisions under clause 25 of Schedule 2 within 9 months after the draft regional spatial plan is notified for submissions.
Land use plan and natural environment plan to be notified
(6)
Within 9 months after decisions on a regional spatial plan for a region are made and published under clause 25 of Schedule 2,—
(a)
each territorial authority in that region must notify a proposed land use plan for public submissions under clause 15 of Schedule 3; and
(b)
the regional council of the region must notify a proposed natural environment plan, and a proposed land use plan for the coastal marine area, for public submissions under clause 15 of Schedule 3.
(7)
A territorial authority that is located in 2 or more regions must notify a proposed land use plan for public submissions within 9 months after decisions on the last relevant regional spatial plan are made and published under clause 25 of Schedule 2.
(8)
If a land use plan or natural environment plan is required for an area that does not require a regional spatial plan, the proposed land use plan or natural environment plan must be notified within 39 months after this Act receives Royal assent.
Initial national standards
10 Identification of initial national standards
(1)
The Minister may, before the specified transition date, identify any national standard made under this Act or the Natural Environment Act 2026 as an initial national standard.
(2)
The power conferred by subclause (1)—
(a)
applies if the proposed national standard is identified as a proposed initial national standard when it is publicly notified under section 65 of this Act or section 92 of the Natural Environment Act 2026; and
(b)
is subject to subclauses (3) to (5).
(3)
An initial national standard may identify provisions including national rules and other content as relevant to decision making under the RMA.
(4)
However, an initial national standard must not—
(a)
directly amend an RMA plan; or
(b)
direct a local authority to amend an RMA plan; or
(c)
direct that an RMA plan be amended to implement any provision of a national standard without using the process in Schedule 1 of the RMA.
(5)
The Minister must be satisfied that the content of an initial national standard will be workable in the context of the RMA, as far as practicable.
First regional spatial plans and land use plans
11 Incorporating information from RMA documents into first regional spatial plan
(1)
The first regional spatial plan and first draft regional spatial plan for a region may incorporate any of the following from an RMA document:
(a)
information about the state or characteristics of the built environment or natural environment, including information about infrastructure:
(b)
information that reflects decisions about whether areas or features of the built environment or natural environment have particular characteristics, should be classified in a particular way, or meet criteria of a similar nature.
(2)
However, information must not be incorporated into a regional spatial plan unless the spatial plan committee and local authorities of the region—
(a)
are satisfied that the information is consistent with the requirements of this Act that apply to the preparation of regional spatial plans, including the obligation under section 76(3)(a) to implement relevant national instruments under this Act and relevant national instruments under the Natural Environment Act 2026; and
(b)
have considered whether, in the period since the relevant RMA document was prepared,—
(i)
any significant new information has become available that supersedes the information in the RMA document:
(ii)
there has been a significant change in circumstances that is relevant to the content of the regional spatial plan (for example, a major environmental or economic event).
(3)
If information is incorporated into a draft regional spatial plan,—
(a)
the spatial plan committee need not comply with section 78 in relation to the information; and
(b)
the independent hearings panel need not consider or respond to any submission or evidence received on the information when hearing or making recommendations on the draft regional spatial plan, except to the extent the submission or evidence relates to the matters described in subclause (2).
(4)
The local authorities of the region must reconsider the matters in subclause (2) before making a decision on an independent hearings panel recommendation that relates to content incorporated under this clause.
(5)
In this clause, RMA document means any of the following documents as defined in section 2(1) of the RMA:
(a)
a national policy statement:
(b)
the New Zealand coastal policy statement:
(c)
a national environmental standard:
(d)
a regional policy statement:
(e)
a regional plan:
(f)
a regional coastal plan:
(g)
a district plan.
12 Independent hearings panel for first land use plans and natural environment plan
(1)
This clause applies in relation to the preparation of the first land use plans and natural environment plan in a region.
(2)
The relevant local authorities must jointly appoint (under clause 6 of Schedule 4) one independent hearings panel to hear—
(a)
the first proposed land use plan for each district in a region; and
(b)
the first proposed land use plan for the coastal marine area within the region; and
(c)
the first proposed natural environment plan for the region.
(3)
However, if the district of a territorial authority is located in 2 or more regions, the territorial authority must comply with subclause (2)(a) in relation to at least one of those regions.
(4)
In this clause, relevant local authorities means, in relation to a region,—
(a)
the regional council; and
(b)
each territorial authority whose district is in all or part of the region.
13 Proposed plans notified before specified transition date
14 References to designations during transition period
(1)
This clause applies during the transition period for the purpose of preparation for the first regional spatial plans and land use plans.
(2)
Unless the context otherwise requires,—
(a)
a reference in this Act to a proposed designation must be read as including a reference to a requirement for a designation under the RMA:
(b)
a reference in this Act to an existing designation must be read as a reference to an existing designation in a district plan under the RMA.
15 Designations confirmed through first regional spatial plan process before specified transition date
(1)
If a designation or an alteration to a designation under this Act is confirmed through the events described in clause 37(1) of Schedule 5 before the specified transition date,—
(a)
clause 37(3) of Schedule 5 does not apply; and
(b)
subclauses (2) and (3) apply instead.
(2)
The territorial authority of the relevant district must, without using a process in Schedule 1 of the RMA,—
(a)
include the designation or alteration in its district plan and any proposed district plan as if it were a rule in the plan or proposed plan under the RMA; and
(b)
state in its district plan and any proposed district plan, the name of the requiring authority that has the benefit of the designation or alteration.
(3)
The designation or alteration commences when it is included in a district plan.
Compare: 2024 No 56 Schedule 5 cl 30
16 When spatial plans under Local Government (Auckland Council) Act 2009 cease to apply
Application for consents and notices of requirement during transition period
17 Meaning of determined for purposes of clauses 18 to 23
In clauses 18 to 23, unless the context otherwise requires, determined,—
(a)
in relation to an application for a resource consent, means the application has been granted or declined and—
(i)
the time for lodging appeals in the Environment Court has expired and no appeals have been lodged; or
(ii)
the Environment Court has determined all appeals or all appellants have withdrawn their appeals; and
(b)
in relation to the issue of a notice of requirement, means—
(i)
the time for lodging appeals in the Environment Court has expired and no appeals have been lodged; or
(ii)
the Environment Court has determined all appeals or all appellants have withdrawn their appeals.
18 Resource consent applications lodged before transition period
(1)
If an application for a resource consent under the RMA is lodged before the date of commencement of the transition period and is not determined before that date, the application must continue to be processed and determined under the RMA as in force immediately before this Act received Royal assent.
(2)
See clauses 33 to 37, which provide for the transition of resource consents that have been granted and are current on the specified transition date.
19 Resource consent applications lodged during transition period
(1)
If an application for a resource consent under the RMA is lodged during the transition period, the application must be processed and determined under the RMA as in force at the time the application is lodged.
(2)
See clauses 33 to 37, which provide for the transition of resource consents that have been granted and are current on the specified transition date.
(3)
See also Schedule 12, which contains amendments to the RMA that commence at different times.
20 Notices of requirement issued before transition period
If a notice of requirement for a designation or an alteration to a designation under the RMA is issued before the date of commencement of the transition period and is not determined before that date, the notice must continue to be processed and determined under the RMA as in force immediately before this Act received Royal assent.
21 Notices of requirement issued during transition period
If a notice of requirement for a designation or an alteration to a designation under the RMA is issued during the transition period and is not determined before the specified transition date, the notice must continue to be processed and determined under the RMA as in force at the time that the notice is issued.
22 Designations confirmed before and after specified transition date
(1)
If a designation or an alteration to a designation is confirmed and included in the district plan under section 175 of the RMA before the specified transition date, the designation or alteration continues as a designation or alteration under the RMA (see clause 63).
(2)
If a designation or an alteration to a designation is confirmed under the RMA or in the circumstances described in clause 15 and not included in a district plan before the specified transition date,—
(a)
the designation or alteration must be included in an operative land use plan and, if applicable, a proposed land use plan under clause 32 of Schedule 5; and
(b)
if there is no operative land use plan,—
(i)
the designation or alteration must be treated as if it were included in an operative land use plan under clause 32 of Schedule 5; and
(ii)
the designation or alteration cannot be altered by decisions on the proposed land use plan; and
(c)
the designation must be treated as a designation under this Act.
(3)
If, after the specified transition date, a designation or an alteration to a designation is confirmed under this Act before the first land use plan in the relevant area is made operative,—
(a)
the designation or alteration must be treated as if it were included in an operative land use plan under clause 32 of Schedule 5; and
(b)
the designation or alteration cannot be altered by decisions on the proposed land use plan.
23 Pending applications to be requiring authority
(1)
If an application to become a requiring authority under Part 8 of the RMA is lodged before the specified transition date but not determined by that date, the application must continue to be processed in accordance with section 167 of the RMA as in force at the time the application is lodged.
(2)
See clause 64.
Enforcement processes before and after transition period
24 Enforcement processes under RMA continued
(1)
To avoid doubt, any enforcement process commenced under the RMA, before the specified transition date must be continued under the RMA.
(2)
In this clause, enforcement process means any abatement notice, infringement notice, enforcement order, or prosecution under the RMA.
25 Compliance history
A consent authority or permit authority may have regard to any previous or current abatement notices, enforcement orders, infringement notices, pecuniary penalties, or convictions under the RMA in accordance with section 170 of this Act or section 170 of the Natural Environment Act 2026.
26 Enforcement officers
(1)
An enforcement officer authorised under section 38 or 343I of the RMA may continue to perform or exercise all or any of the functions and powers of an enforcement officer under that Act and may perform or exercise all or any of the functions and powers of an enforcement officer authorised under section 275 or 280 of this Act or section 272 or 277 of the Natural Environment Act 2026.
(2)
An enforcement officer authorised under section 275 or 280 of this Act or section 272 or 277 of the Natural Environment Act 2026 may perform or exercise all or any of the functions and powers of an enforcement officer authorised under section 38 or 343I of the RMA.
27 Enforcement orders
(1)
An enforcement order under sections 314 to 321 of the RMA that is in effect immediately before the specified transition date continues to have effect after that date as if it were an enforcement order under sections 259 to 266 of this Act or sections 255 to 262 of the Natural Environment Act 2026 (whichever is applicable).
(2)
If an application for an enforcement order under the RMA is lodged, but not decided, before the specified transition date, the court must decide the application under the RMA and the order continues to have effect after the specified transition date as if it were an enforcement order under sections 259 to 266 of this Act or sections 255 to 262 of the Natural Environment Act 2026.
(3)
If an enforcement order is sought after the specified transition date in respect of conduct to which the RMA applied that occurred before that date, the court may make the order under this Act or the Natural Environment Act 2026.
(4)
Under subclauses (1) to (3), the court must be satisfied that the conduct in respect of which the order is sought is within the scope of an enforcement order that could be made under both the RMA and either this Act or the Natural Environment Act 2026.
(5)
Sections 259 to 266 of this Act or sections 255 to 262 of the Natural Environment Act 2026 apply to an order made under this clause.
28 Abatement notices
(1)
An abatement notice issued under section 322 of the RMA that is in effect immediately before the specified transition date continues to have effect after that date as if it were an abatement notice under section 268 of this Act or section 264 of the Natural Environment Act 2026 (whichever is applicable).
(2)
If an abatement notice is sought after the specified transition date in respect of conduct to which the RMA applied that occurred before that date, the abatement notice may be made under this Act or the Natural Environment Act 2026.
(3)
The conduct in respect of which the abatement notice is sought must be within the scope of an abatement notice that could be made under both the RMA and either this Act or the Natural Environment Act 2026.
29 Water shortage directions
(1)
A water shortage direction issued under section 329 of the RMA that is in effect immediately before the specified transition date continues to have effect after that date as if it were a water shortage direction under section 271 of the Natural Environment Act 2026.
(2)
The direction may be amended or revoked under section 329(3) of the RMA or section 271(3) of the Natural Environment Act 2026.
30 Excessive noise directions
(1)
An excessive noise direction issued under section 327 of the RMA that is in effect immediately before the specified transition date continues to have effect after that date as if it were an excessive noise direction under section 286 of this Act.
(2)
The direction is subject to the maximum duration specified in section 327(3) of the RMA and section 286(4) of this Act.
31 Warrant for entry for search
A warrant authorising the entry and search of any place or vehicle issued by an issuing officer under section 334 of the RMA that is in effect immediately before the specified transition date continues to have effect after that date as if it were a warrant issued under section 291 of this Act or section 284 of the Natural Environment Act 2026, subject to any conditions imposed by the issuing officer in the RMA warrant.
32 Offences and infringement offences
(1)
Proceedings for an offence committed under section 338 of the RMA before the specified transition date may be commenced and completed after that date as if that Act continued to apply, subject to the limitation period in section 338(4) of that Act.
(2)
An infringement notice issued for an infringement offence under section 343C of the RMA that is in effect immediately before the specified transition date may be enforced after that date as if that Act continued to apply.
Status of consents, permits, and approvals on specified transition date
33 District land use consents and subdivision consents
(1)
Subclause (2) applies to a land use consent or a subdivision consent that—
(a)
is granted or deemed to be granted under the RMA by a territorial authority; and
(b)
commences before the specified transition date; and
(c)
is current on the specified transition date.
(2)
On the specified transition date, the land use consent or subdivision consent—
(a)
must be treated as a land use consent or subdivision consent granted under this Act; and
(b)
has the same terms and conditions that it had immediately before the specified transition date, except where its duration is extended by clause 39.
(3)
If a land use consent or subdivision consent is granted or deemed to be granted under the RMA and commences after the specified transition date, on the commencement date, the consent—
(a)
must be treated as a land use consent or subdivision consent granted under this Act; and
(b)
has the same terms and conditions that it had immediately before the commencement date, except where its duration is extended by clause 39.
(4)
This clause is subject to clause 38.
34 Arrangements for subdivision consents and reclamation consents
(1)
If a survey plan has been submitted under section 223 of the RMA for a subdivision but is not approved before the specified transition date, the approval process must continue under the RMA.
(2)
Once the survey plan for a subdivision is approved under section 223 of the RMA,—
(a)
the process in Part 2 of Schedule 7 of this Act applies to the further steps; and
(b)
the 3-year time frame for depositing the survey plan under clause 22(1) of Schedule 7 runs from the time of approval of the survey plan under the RMA.
(3)
However, if the survey plan for a subdivision has been lodged with the Registrar-General of Land under section 224 of the RMA but is not deposited before the specified transition date, or the survey plan is lodged under section 228 of the RMA but is not approved before the specified transition date, the deposit process continues under the RMA and this Act applies once the deposit process has been completed.
(4)
If a plan of survey for a reclamation has been submitted under section 245 of the RMA, but is not approved before the specified transition date, the approval process continues under the RMA.
(5)
Once a plan of survey for a reclamation is approved under section 245 of the RMA,—
(a)
the process in Part 5 of Schedule 7 of this Act applies to the further steps; and
(b)
the 3-year time frame for depositing a plan of survey under clause 74(3)(a) of Schedule 7 runs from the time of approval of the plan of survey under the RMA.
(6)
However, if the plan of survey for a reclamation has been lodged with the Registrar-General of Land under section 246 of the RMA, but is not deposited before the specified transition date, the deposit process continues under the RMA and this Act applies once the deposit process has been completed.
35 Savings in respect of cross leases, company leases, and retirement village leases
Nothing in section 23 and Schedule 7 applies—
(a)
to the registration of a memorandum of cross lease or company lease, in renewal of or in substitution for a cross lease or company lease, or 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).
36 Regional land use consents, discharge permits, water permits, and coastal permits
(1)
If a regional land use consent, discharge permit, water permit, or coastal permit is granted or deemed to be granted under the RMA before the specified transition date and is current on that date, the following consequences apply on and from the specified transition date:
(a)
the consent or permit must be treated as a land use permit, discharge permit, water permit, or coastal permit (as applicable) granted under the Natural Environment Act 2026; and
(b)
the consent or permit has the same terms and conditions that it had immediately before the specified transition date, except where its duration is extended by clause 39.
(2)
If a regional land use consent, discharge permit, water permit, or coastal permit granted or deemed to be granted under the RMA commences on a date after the specified transition date, the consequences described in subclause (1)(a) and (b) apply to the consent or permit on the commencement date of the consent or permit.
(3)
This clause is subject to clause 38.
37 Resource consents treated as planning consents and natural resource permits
(1)
Subclauses (2), (5), and (6) apply to a resource consent that—
(a)
is granted or deemed to be granted under the RMA before the specified transition date; and
(b)
is current on the specified transition date; and
(c)
authorises activities that are regulated under both this Act and the Natural Environment Act 2026.
(2)
On and from the specified transition date, the resource consent—
(a)
must be treated as—
(i)
a land use consent or subdivision consent (as applicable) granted under this Act; and
(ii)
a land use permit, discharge permit, water permit, or coastal permit (as applicable) granted under the Natural Environment Act 2026; and
(b)
has the same terms and conditions, including its expiry date, that it had immediately before the specified transition date, except where its duration is extended by clause 39.
(3)
Subclauses (4) to (6) apply to a resource consent that—
(a)
is granted or deemed to be granted under the RMA; and
(b)
commences on or after the specified transition date; and
(c)
authorises activities that are regulated under both this Act and the Natural Environment Act 2026.
(4)
On the commencement date of the resource consent, the consent—
(a)
must be treated as—
(i)
a land use consent or subdivision consent (as applicable) granted under this Act; and
(ii)
a land use permit, discharge permit, water permit, or coastal permit (as applicable) granted under the Natural Environment Act 2026; and
(b)
has the same terms and conditions, including its expiry date, that it had immediately before the commencement date, except where its duration is extended by clause 39.
(5)
On and from the specified transition date or the commencement date of the resource consent (if subclause 3 applies), an application to vary any conditions of the resource consent or a council-initiated review of those conditions must be considered or carried out—
(a)
by the regional council or territorial authority whose functions relate to the conditions; and
(b)
in accordance with this Act or the Natural Environment Act 2026 as applicable.
(6)
If the resource consent includes conditions relating to activities or effects that, under this Act or the Natural Environment Act 2026, fall within the functions of an authority other than the relevant authority with those functions under the RMA, each condition is treated as a condition administered by the responsible authority under the provisions of this Act or the Natural Environment Act 2026 (as applicable) that regulate the relevant activity or effect.
(7)
This clause is subject to clause 38.
38 Clauses 33 to 37 do not affect completion of certain RMA processes
(1)
Nothing in clauses 33 to 37 affects the completion of a process under Part 6 of the RMA that—
(a)
relates to a land use consent, subdivision consent, land use permit, discharge permit, water permit, or coastal permit (as applicable); and
(b)
was initiated before the specified transition date.
(2)
The 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 consent or permit.
Compare: 2023 No 46 Schedule 1 cl 18(5)
39 Duration of certain existing resource consents extended
(1)
This clause applies to a resource consent that is due to expire during the period—
(a)
commencing on the date on which this Act receives Royal assent; and
(b)
ending 24 months after the specified transition date or on a date not later than 48 months after the specified transition date that is specified in regulations made under section 327.
(2)
The duration of the resource consent is extended to the date that is 24 months after the specified transition date or the later date specified in the regulations.
(3)
However, if the resource consent relates to water, the consent expires on the earlier of the date that—
(a)
applies under subclause (1)(b):
(b)
is 35 years after the date the consent commenced.
(4)
Any conditions applying to the resource consent continue to apply unless a change to a condition is required as a consequence of extending the duration of the consent.
(5)
No later than 3 months after the specified transition date, the consent authority must update the resource consent to record the extended expiry date under this clause.
(6)
In subclause (3), a resource consent relates to water if it is—
(a)
a water permit within the meaning of section 87 of the RMA; or
(b)
a discharge permit (within the meaning of section 87 of the RMA) authorising—
(i)
the discharge of a contaminant or water into water; or
(ii)
the discharge of a contaminant onto or into land in the circumstances described in section 15(1)(b) of the RMA; or
(c)
a land use consent under section 9 of the RMA that includes associated discharges.
(7)
This clause does not apply to a resource consent that is for an activity associated with constructing or operating a wastewater network, as defined in section 5 of the Water Services Act 2021.
40 Existing building works where building consent issued before specified transition date
(1)
Subclause (2) applies if a building consent for a building work or intended use of a building is issued (and any amendments incorporated into that building consent) in accordance with the Building Act 2004 before a region’s specified transition date.
(2)
Section 28 applies to the building work or intended use of a building as if a reference in section 28(1)(c) to—
(a)
a national rule was a reference to a national environmental standard under the RMA; and
(b)
a rule in a land use plan was a reference to a rule in a district plan under the RMA; and
(c)
a rule in a proposed land use plan that has legal effect was a reference to a rule in a proposed district plan that has legal effect under the RMA; and
(d)
a planning consent was a reference to a resource consent under the RMA.
(3)
In this clause, building work and intended use have the meanings given in section 28.
41 Existing resource consents and permitted activities
(1)
This clause applies to an activity lawfully established under the RMA by a resource consent or as a permitted activity that has effect immediately before the region’s specified transition date.
(2)
Sections 29 and 30 of this Act apply as if—
(a)
the resource consent were a planning consent:
(b)
the permitted activity were a permitted activity under this Act.
(3)
Section 28 of the Natural Environment Act 2026 applies as if—
(a)
the resource consent were a permit:
(b)
the permitted activity were a permitted activity under that Act.
42 When existing consents may continue to be relied on
A person who, immediately before the specified transition date, is operating under an existing resource consent in reliance on section 124 of the RMA may, on and from the specified transition date, continue to operate under that consent under whichever of the following are applicable:
(a)
in reliance on section 191 of this Act:
(b)
in reliance on section 191 of this Act as applied by section 195 of the Natural Environment Act 2026:
(c)
as if the person had made an application for a land use consent or natural resource permit.
43 Suspension of applications to replace resource consents to which clause 39 applies
(1)
If an application to replace a resource consent to which clause 39 applies is made under the RMA and the applicant seeks to suspend the processing of the application,—
(a)
the territorial authority or regional council must not return the application or continue to process the application until after the new expiry date provided under clause 39; and
(b)
paragraph (a) applies regardless of whether the application was made before, on, or after the date on which this Act receives Royal assent.
(2)
If the application is suspended at the applicant’s request, the consent authority may later remove the suspension and process the application at the applicant’s request.
44 Certain notices under RMA treated as notice under this Act or Natural Environment Act 2026
(1)
On a region’s specified transition date,—
(a)
a notice given under section 87BA of the RMA for an activity in the region before that date is treated as a notice given under section 207(1)(d) of this Act; and
(b)
a notice given under section 87BB of the RMA for an activity in the region before that date is treated as a notice given under—
(i)
section 207(1)(d) of this Act, if the notice authorises activities that are regulated under this Act; or
(ii)
section 213(1)(d) of the Natural Environment Act 2026, if the notice authorises activities that are regulated under that Act.
(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 specified transition 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) of the RMA 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 notice given under section 207(1)(d) of this Act or section 213(1)(d) of the Natural Environment Act 2026.
(4)
The commencement of the region’s specified transition date does not affect any calculation of time in relation to the notice.
Compare: 2023 No 46 Schedule 1 cl 21
45 Certificates of compliance
(1)
If a certificate of compliance is requested under the RMA before a region’s specified transition date, the request must continue to be processed under the RMA.
(2)
If a certificate of compliance under the RMA is issued for an activity in a region and is in force on the region’s specified transition date, the certificate—
(a)
is, on that date, treated as being issued under—
(i)
section 208 of this Act, if the certificate relates to an activity that is regulated under this Act; and
(ii)
section 214 of the Natural Environment Act 2026, if the certificate relates to an activity that is regulated under that Act; and
(b)
has the same terms and conditions that it had immediately before the specified transition date.
(3)
If a certificate of compliance requested under the RMA is issued on or after the region’s specified transition date,—
(a)
on the date that the certificate is issued, the certificate is treated as a certificate of compliance issued under—
(i)
section 208 of this Act, if the certificate relates to an activity that is regulated under this Act; and
(ii)
section 214 of the Natural Environment Act 2026, if the certificate relates to an activity that is regulated under that Act; and
(b)
the certificate lapses on the date on which it would have lapsed under the RMA.
Compare: 2023 No 46 Schedule 1 cl 23
46 Existing use certificates
(1)
If a certificate of existing use rights is requested under the RMA before a region’s specified transition date, the request must continue to be processed under the RMA.
(2)
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 specified transition date, the certificate—
(a)
is, on that date, treated as being issued under—
(i)
section 209 of this Act, if the certificate relates to an activity that is regulated under this Act; and
(ii)
section 215 of the Natural Environment Act 2026, if the certificate relates to an activity that is regulated under that Act; and
(b)
has the same terms and conditions that it had immediately before the specified transition date.
(3)
If a certificate of existing use under the RMA is issued on or after the region’s specified transition date,—
(a)
on the date that the certificate is issued, the certificate is treated as a certificate of existing use issued under—
(i)
section 209 of this Act, if the certificate relates to an activity that is regulated under this Act; and
(ii)
section 215 of the Natural Environment Act 2026, if the certificate relates to an activity that is regulated under that Act; and
(b)
the certificate lapses on the date on which it would have lapsed under the RMA.
Compare: 2023 No 46 Schedule 1 cl 23
47 Authorisations issued under RMA
(1)
If a region’s specified transition date has occurred, the holder of an authorisation granted under section 161 of the RMA may, within the time period specified in subclause (2), use their authorisation to apply for a coastal permit under the relevant rule in the natural environment plan for the region.
(2)
The time period—
(a)
commences on the region’s specified transition date; and
(b)
ends on the date that the authorisation lapses or would have lapsed under section 164 of the RMA.
Compare: 2023 No 46 Schedule 1 cl 77
48 Suspension of coastal permit applications for aquaculture activities
(1)
If, before a region’s specified transition 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 specified transition date; and
(b)
(c)
ceases to have effect when the notice expires or on the expiry of any further notice referred to in clause 32(1) of Schedule 4 of that Act.
(2)
If, before a region’s specified transition date, a request has been made under section 165ZB(1) 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 specified transition date; and
(b)
must be treated as if it were a request under clause 27 of Schedule 4 of the Natural Environment Act 2026, with any necessary modifications.
(3)
In this clause, coastal permit applications for aquaculture activities means applications for coastal permits to occupy space in a coastal marine area for the purpose of aquaculture activities.
Compare: 2023 No 46 Schedule 1 cl 78
49 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 specified transition 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 clause) 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.
Compare: 2023 No 46 Schedule 1 cl 81
50 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 for under section 13 of the Maori Commercial Aquaculture Claims Settlement Act 2004 before the region’s specified transition date.
(2)
The holder of the authorisation may use the authorisation to apply for a coastal permit under the Natural Environment Act 2026 on or after the region’s specified transition date.
Compare: 2023 No 46 Schedule 1 cl 82
Transfers of power, agreements, and arrangements under RMA
51 Existing transfer of powers by regional council or territorial authority under RMA
A transfer of functions, powers, or duties by a regional council or a territorial authority that exists immediately before the specified transition date—
(a)
continues to have effect as if this Act had not been enacted; but
(b)
must be treated as if it were a transfer of functions, powers, or duties that are equivalent to the corresponding functions, powers, or duties under the Natural Environment Act 2026 or this Act.
52 Existing joint management agreements
(1)
A joint management agreement made under the RMA that exists immediately before the specified transition date continues in effect.
(2)
However, the agreement must be treated as if it were a joint management agreement that relates to functions that are equivalent functions under—
(a)
this Act; or
(b)
53 Mana Whakahono ā Rohe
All Mana Whakahono ā Rohe, whether in force or initiated but not in force, cease to have legal effect on the day after Royal assent.
Continuation of regulations, instruments, approvals, and other matters under the RMA
54 Emergency response regulations continued
Regulations made under section 331AA of the RMA that are in force immediately before the specified transition date—
(a)
continue in force as if made under this Act and the Natural Environment Act 2026; but
(b)
expire on the date on which those regulations would have expired in accordance with section 331AA of the RMA.
55 Applications for water conservation orders
(1)
This clause applies to an application for a water conservation order under the RMA if, immediately before the specified transition date, the application 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 and the Natural Environment Act 2026 had not been enacted.
(3)
If the proposed water conservation order will apply to 2 or more regions and any of them have different specified transition dates, the application must continue to be processed under the RMA.
(4)
In this clause, an application for a water conservation order includes an application to revoke or amend a water conservation order.
Compare: 2023 No 46 Schedule 1 cl 49
56 Water conservation orders
(1)
The following water conservation orders, if in force immediately before the specified transition date, continue in force until revoked or varied by an order made under clause 15 of Schedule 5 of the Natural Environment Act 2026:
(2)
A water conservation order that is not listed in subclause (1) and that is in force immediately before the specified transition date, and a water conservation order to which clause 55 applies that is made at any time, continues in force until revoked or varied by an order made under clause 15 of Schedule 5 of the Natural Environment Act 2026.
57 Freshwater farm plans and related matters
(1)
An Order in Council made under section 217C of the RMA that is in force immediately before the specified transition date continues in force as if it were made under clause 3 of Schedule 6.
(2)
A freshwater farm plan certified in accordance with regulations made under section 217M of the RMA and in effect immediately before the specified transition date must, on and from the specified transition date, be treated as a freshwater farm plan certified in accordance with regulations made under clause 15 of Schedule 6.
(3)
A person who, immediately before the specified transition date, is a certifier or an auditor appointed by a regional council under section 217K of the RMA must, on and from the specified transition date, be treated as a certifier or an auditor appointed under clause 12 of Schedule 6.
(4)
An organisation that, immediately before the specified transition date, is an industry organisation appointed by the Minister under section 217KA of the RMA must, on and from the specified transition date, be treated as an industry organisation appointed under clause 13 of Schedule 6.
(5)
The Resource Management (Freshwater Farm Plans) Regulations 2023 are continued after the specified transition date as if made under clause 15 of Schedule 6.
(6)
In this clause, Schedule 6 means Schedule 6 of the Natural Environment Act 2026.
58 Continuation of specified regulations under RMA
(1)
The Resource Management (Infringement Offences) Regulations 1999 are continued after the specified transition date as if made under both—
(a)
section 321 of the Natural Environment Act 2026; and
(b)
section 323 of this Act.
(2)
The following regulations are continued after the specified transition date as if made under section 321 of the Natural Environment Act 2026:
(3)
The Resource Management (Network Utility Operations) Regulations 2016—
(a)
are continued on and from the specified transition date as if made under section 323 of this Act; and
(b)
apply with all necessary modifications as if a reference to a network utility operation for the purposes of section 166 of the RMA were a reference to a core infrastructure operation under clause 9 of Schedule 5 of this Act.
59 Meaning of RMA terms and expressions in continued secondary legislation
RMA terms and expressions used in secondary legislation continued by any of clauses 54, 56, 57, and 58 must be treated as having the same meanings as the corresponding terms and expressions used in this Act or the Natural Environment Act 2026, unless the context otherwise requires.
Coastal matters
60 Application of Marine and Coastal Area (Takutai Moana) Act 2011
(1)
If a matter is carried out 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 day after this Act receives Royal assent.
(2)
If a matter is carried out under this Act or the Natural Environment Act 2026, 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.
61 Processes relating to Marine and Coastal Area (Takutai Moana) Act 2011 commenced before specified transition 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 specified transition date but has not been determined by that date; or
(b)
has been granted under the RMA but has not commenced by the specified transition 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 specified transition date.
(3)
If, before the specified transition 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 a permission under this Act or the Natural Environment Act 2026.
(4)
A written approval given before a specified transition 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 specified transition date.
(5)
Subclause (6) applies if,—
(a)
before a specified transition 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 specified transition date, the applicant lodges the application for the resource consent.
(6)
The process commenced under those sections referred to in subclause (5) must be completed by the applicant regardless of the occurrence of the specified transition date and any views obtained from applicant groups under that process continue to have effect after that date.
(7)
If a resource consent granted under the RMA for an activity in a region has not commenced by the specified transition 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 of that process.
(8)
The occurrence of a specified transition 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.
62 Coastal occupation charges
A coastal occupation charge that is provided for in a regional coastal plan and has effect immediately before the specified transition date continues to have effect after that date until the date on which a natural resource levy is imposed by regulations made under section 328 of the Natural Environment Act 2026.
Designations and requiring authority approvals
63 Designations
(1)
A designation in place immediately before the specified transition date—
(a)
must, on and from the specified transition date, be treated as a designation under Schedule 5 of this Act; and
(b)
has the same terms and conditions that it had immediately before the specified transition date.
(2)
However, a designation continued by subclause (1) ceases to have legal effect when the relevant land use plan under this Act becomes operative.
(3)
An outline plan of works of a designation continued by subclause (1) that is in effect immediately before the specified transition date must be treated as a construction project plan under Schedule 5 of this Act.
(4)
A requirement for a designation in progress immediately before the specified transition date—
(a)
must, for the purposes of clause 5 of Schedule 5 only, be treated as a proposed designation under this Act on and from the specified transition date; and
(b)
is otherwise subject to clauses 20 to 22 (as applicable).
(5)
In subclause (4), a requirement for a designation is in progress if its notice of requirement has been notified under the RMA but not—
(a)
confirmed and included in a district plan under section 175 of the RMA; or
(b)
withdrawn or cancelled.
64 Requiring authorities continued as designating authorities
(1)
An entity that is a requiring authority under the RMA immediately before the date on which this Act receives Royal assent must be treated as a designating authority—
(a)
approved under Part 2 of Schedule 5 of this Act; and
(b)
in relation to the matters specified in the entity’s approval as a requiring authority under the RMA.
(2)
The entity’s approval as a designating authority continues in force for the purpose of subclause (1) and must, with all necessary modifications, be treated as an approval granted under clause 10 of Schedule 5.
(3)
An entity that is approved as a requiring authority under the RMA after this Act receives Royal assent must, with all necessary modifications, be treated as a designating authority approved under clause 10 of Schedule 5.
(4)
No designating authority may give notice of a proposed designation under clause 13 of Schedule 5 until after the specified transition date.
65 References in other Acts to requiring authorities
A reference in another Act other than the RMA to a requiring authority or designation under the RMA must, during the transition period, be treated as including a reference to a designating authority or designation (as the case may be) under this Act.
66 Forms for application to be approved as designating authority
(1)
(2)
The chief executive must ensure that any approved form is made available on an internet site that is maintained by or on behalf of the Ministry.
(4)
A notice made 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 | The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 | LA19 s 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. | ||||
Continuation of Environment Court
67 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 this Act receives Royal assent continues to hold their office subject to this Act.
(2)
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 have full effect as if they had originated under the corresponding provisions of this Act and, as necessary, must be treated as having originated under this Act.
Jurisdiction of Planning Tribunal in relation to certain decisions under RMA
68 Planning Tribunal has jurisdiction to review specified RMA decisions
(1)
Part 4 of Schedule 12 comes into force on a date specified by Order in Council made under section 2(5) (the appointed date).
(2)
On and from the appointed date,—
(a)
a right of objection to the consent authority relating to a specified decision under the RMA is replaced with a right of review to the Planning Tribunal (see Part 4 of Schedule 12); and
(b)
a review of a specified decision must be carried out in accordance with Schedule 10 of this Act instead of the RMA; and
(c)
any appeal or review of a decision of the Planning Tribunal in reviewing a specified decision must be made under Schedule 10.
(3)
The right of review may be exercised only in respect of specified decisions made on or after the appointed date.
(4)
The Planning Tribunal has jurisdiction to review a specified decision in accordance with Schedule 10, which applies as if a reference to a consent or permit were a reference to a resource consent.
(5)
Despite subclause (2), the following must continue to be dealt with by a consent authority:
(a)
an objection lodged with the consent authority that is pending immediately before the appointed date:
(b)
an objection lodged on or after the appointed date that relates to an event that occurred before that date.
(6)
In this clause, specified decision means a decision under the RMA that the tribunal is empowered to review on and from the appointed date.
Miscellaneous
69 Regulations may make consequential amendments to other secondary legislation
(1)
The Governor-General may, by Order in Council made on recommendation of the Minister, make regulations that amend any secondary legislation to make amendments that are consequential on the passing of this Act and the Natural Environment Act 2026.
(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 and the Natural Environment Act 2026.
(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).
Compare: 2023 No 46 Schedule 1 cl 86
| 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. | ||||
70 Amendment of RMA national direction instruments to remove redundant or duplicative provisions
(1)
During the transition period,—
(a)
the Minister for the Environment may amend a national environmental standard, a national policy statement, or a national planning instrument as if section 44(3), 53(2)(a), or 58H(2) of the RMA applies:
(b)
the Minister of Conservation may amend the New Zealand coastal policy statement or provisions of the national planning standards that relate to the coastal marine area as if section 53(2)(a) or 58H(2) of the RMA applies.
(2)
The Minister must be satisfied that—
(a)
the content would be more efficiently addressed through the processes in this Act or the Natural Environment Act 2026; or
(b)
the content is redundant because of the transition from the RMA to this Act and the Natural Environment Act 2026.
Compare: 2023 No 46 Schedule 1 cl 14
71 Heritage protection authority approvals and orders
(1)
All approvals under section 188 of the RMA of heritage protection authorities in effect immediately before the specified transition date cease to apply.
(2)
A territorial authority must have regard to whether and how any heritage order in effect in its district or region immediately before the specified transition date should be reflected in rules or policies, when preparing its first land use plan.
72 Reference to national environmental standard includes initial national standard
A reference in other legislation other than the RMA to a national environmental standard under the RMA must be treated as including a reference to any applicable initial national standard.
73 Application of clause 4.1(2) of National Policy Statement for Highly Productive Land 2022 disapplied
The suspension of the requirement for regional councils to map areas of highly productive land in their regions until 31 December 2027 in clause 4.1(2) of the National Policy Statement for Highly Productive Land 2022 is further suspended until the specified transition date.
74 Relief where land previously subject to similar RMA rule becomes subject to specified rule
(1)
This clause applies if—
(a)
the first proposed plan includes a specified rule that applies to land; and
(b)
that land was subject to an RMA rule that had a similar impact to the specified rule.
(2)
If this clause applies, when the first proposed plan is made operative, a person who owns land to which the specified rule applies is eligible for relief under the relief framework in the plan if—
(a)
the specified rule has a significant adverse impact on the reasonable use of that land; and
(b)
the land has not changed ownership between the time that the RMA rule was first notified and the time that the first proposed plan is notified.
(3)
In this clause,—
first proposed plan means the first proposed land use plan or proposed natural environment plan
RMA rule means a rule in an operative district plan or regional plan under the RMA for the district or region in which the land is located.
75 Agreement under RMA defining landward boundary of coastal marine area
An agreement defined in section 2(1) of the RMA, or a declaration under section 310(e) of the RMA, that determines the mouth of a river for the purposes of defining the landward boundary of the coastal marine area—
(a)
continues to have effect for the purposes of defining the landward boundary of the coastal marine area under this Act and the Natural Environment Act 2026; and
(b)
ceases to have effect on the date that the mouth of the river is determined in accordance with section 352 of the Natural Environment Act 2026.
76 Emergency works authorised by RMA
(1)
Sections 330A, 330B, and 331 of the RMA continue to apply in relation to any activity to which those provisions apply that are undertaken by or on behalf of a person, authority, network utility operator, or lifeline utility before the specified transition date.
(2)
A resource consent that is required to be sought under section 330A(2) or 330B(3) of the RMA must be processed and determined under the RMA on the basis provided in clause 19, even if the application is lodged after the specified transition date.
77 Preparation of first natural environment plan to consider PC1
(1)
In the preparation of the first natural environment plan applying to the Waikato and Waipa River catchments under the Natural Environment Act 2026, the responsible local authority must have particular regard to PC1.
(2)
Subclause (1) applies in addition to the obligations in sections 9, 10, and 11 of both this Act and the Natural Environment Act 2026 and does not limit, qualify, or otherwise affect those obligations.
(3)
Subclause (1) does not apply to subsequent reviews, amendments, plan changes, or replacement plans under the Natural Environment Act 2026.
(4)
In this clause, PC1 has the meaning given to it in clause 71 of Schedule 12 of the RMA.
78 Provisions relating to Waikato Regional Council’s PC1
(1)
On the repeal of the RMA, clause 71 of Schedule 12 of the RMA continues in effect on its terms.
(2)
This clause is repealed on the close of 31 December 2032.
Schedule 2 Regional spatial plans
Contents
1 Interpretation
In this schedule, unless the context otherwise requires,—
notify for submissions, in relation to a draft regional spatial plan, means to notify the draft regional spatial plan for public submissions in accordance with clause 18
process agreement means an agreement under clause 4
submitter, in relation to a draft regional spatial plan, means a person who made a submission on the draft regional spatial plan.
2 Iwi participation legislation
The local authorities and spatial plan committee of a region must prepare and change their regional spatial plan in accordance with any applicable iwi participation legislation or agreement under that legislation.
Compare: 1991 No 69 Schedule 1 cl 1B
3 Preparing draft regional spatial plan
The local authorities of a region begin the preparation or change of a regional spatial plan by—
(a)
preparing a process agreement for a draft regional spatial plan under clause 4; and
(b)
directing the region’s spatial plan committee to prepare the draft regional spatial plan.
Compare: 1991 No 69 Schedule 1 cl 2(1)
4 Process agreement for preparing draft regional spatial plan
(1)
The local authorities of a region must work together to prepare a document (a process agreement) that sets out their agreement on the following matters in relation to a draft regional spatial plan:
(a)
how the local authorities will work together and work with the spatial plan committee:
(b)
whether there will be any division of responsibilities between the local authorities for making decisions on certain matters or parts of the draft regional spatial plan (for example, if a particular territorial authority will be the sole decision maker on certain content relating to its district), or if all decisions will be made by consensus:
(c)
how the spatial plan committee will carry out the consultation required by clauses 8 and 9, including by identifying who the local authorities consider to be relevant infrastructure providers, representatives of the development sector, representatives of other sector groups, and representatives of the wider community for the purposes of clause 8(1)(a)(vi):
(d)
how the secretariat for the draft regional spatial plan will be established and managed:
(e)
processes to ensure that each local authority complies with any obligations under iwi participation legislation (including any agreements under that legislation) and any joint management agreement:
(f)
any other matter prescribed in regulations.
(2)
The local authorities must prepare, and publish, the process agreement in the manner prescribed by regulations.
(3)
The local authorities may amend a process agreement at any time by agreement, and must publish any amended process agreement in the manner prescribed by regulations.
(4)
The spatial plan committee and local authorities of the region must comply with the process agreement.
(5)
Subclause (4) is subject to the other provisions of this Act and any other legislation.
5 Inter-regional content
(1)
The local authorities of a region may agree with the local authorities of 1 or more adjacent regions that their respective draft regional spatial plans will include common content that applies to each of those regions (inter-regional content).
(2)
If the local authorities of adjacent regions agree to prepare inter-regional content,—
(a)
the local authorities of the adjacent regions must record that agreement in the process agreements for their respective draft regional spatial plans; and
(b)
the spatial plan committees of the adjacent regions must jointly prepare the inter-regional content and include it in the draft regional spatial plans of each region; and
(c)
the local authorities of the adjacent regions must jointly approve the inter-regional content for notification under clause 17(2); and
(d)
the independent hearings panels for each draft regional spatial plan may—
(i)
hold joint hearings on the inter-regional content; and
(ii)
make their recommendations under clause 23 jointly on the inter-regional content; and
(e)
the local authorities of the regions must make their decisions under clause 25 jointly on the inter-regional content.
(3)
If the local authorities or spatial plan committees of the adjacent regions are not able to agree on a matter that this clause requires them to do jointly,—
(a)
they must follow the dispute resolution process that is prescribed by regulations; and
(b)
section 90 applies to them with all necessary modifications.
(4)
This clause does not apply if the local authorities of the regions prepare a joint regional spatial plan in accordance with section 93.
6 Documents and other matters to have regard to when preparing draft regional spatial plan
(1)
When preparing a draft regional spatial plan, a spatial plan committee must have regard to—
(a)
any government policy statement or other document that is prescribed by regulations for the purposes of this paragraph; and
(b)
the land use plans (if any) prepared under this Act for each district within the region; and
(c)
the natural environment plan (if any) prepared under the Natural Environment Act 2026 for the region; and
(d)
the long-term plan (including the infrastructure strategy and the financial strategy) prepared under the Local Government Act 2002 of every local authority in the region; and
(e)
the regional land transport plan prepared under the Land Transport Management Act 2003 for the region; and
(f)
any water services strategy prepared under the Local Government (Water Services) Act 2025 that applies in the region; and
(g)
any strategy report prepared under the New Zealand Infrastructure Commission/Te Waihanga Act 2019 and any statement of the Government’s response to that strategy report under section 18 of that Act; and
(h)
any plan relating to adapting to the effects of climate change prepared by a local authority in the region; and
(i)
regulations or bylaws under any Act relating to ensuring the sustainability, or the conservation or management, of fisheries resources (including regulations or bylaws relating to taiāpure, mahinga mātaitai, or other non-commercial Māori customary fishing); and
(j)
any statutory acknowledgement that applies in the region; and
(k)
any plan prepared under section 14 of the Maori Commercial Aquaculture Claims Settlement Act 2004; and
(l)
any planning document recognised by an iwi authority and lodged with 1 or more of the local authorities in the region; and
(m)
any relevant prohibitions or restrictions that apply in relation to a wāhi tapu or wāhi tapu area recognised under subpart 2 of Part 4 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019.
(2)
The spatial plan committee may have regard to any other document or matter that the spatial plan committee considers relevant.
(3)
In relation to a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011 and lodged under section 86 of that Act, a spatial plan committee preparing a draft regional spatial plan must—
(a)
recognise and provide for the matters in the document, to the extent that they relate to the relevant customary marine title area; and
(b)
take into account the matters in the document, to the extent that they relate to a part of the common marine and coastal area that is outside of the customary marine title area of the relevant group.
(4)
In relation to an environmental covenant prepared under section 19 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, a spatial plan committee preparing a draft regional spatial plan must—
(a)
recognise and provide for the matters in the environmental covenant, to the extent that they relate to a customary marine title area (as defined in section 9 of that Act); and
(b)
take into account the matters in the environmental covenant, to the extent that they relate to a part of the common marine and coastal area outside of a customary marine title area (as defined in section 9 of that Act).
7 Incorporation of information from land use plan or natural environment plan
(1)
A regional spatial plan or draft regional spatial plan may incorporate any of the following from the region’s natural environment plan or any land use plan that applies in the region:
(a)
information about the state and characteristics of the built environment or natural environment, including information about infrastructure:
(b)
information that reflects decisions about whether areas or features of the environment—
(i)
have particular characteristics; or
(ii)
should be classified in a particular way; or
(iii)
meet related criteria that are set out in a national instrument or other legislation:
(c)
ecosystem health limits or interim limits that are set in a natural environment plan.
(2)
Before incorporating content into a draft regional spatial plan under this clause, the spatial plan committee must consider whether, in the period since the relevant provision of the land use plan or natural environment plan became operative,—
(a)
any significant new information has become available that supersedes the information used to determine the content in the land use plan or natural environment plan:
(b)
there has been a significant change in circumstances since that provision was decided (for example, a major environmental or economic event) that is relevant to the content to be incorporated.
(3)
The local authorities of a region must consider the matters in subclause (2)—
(a)
before approving for notification a draft regional spatial plan that includes content incorporated under this clause; and
(b)
before making a decision on an independent hearings panel recommendation that relates to content incorporated under this clause.
(4)
If information is incorporated under this clause,—
(a)
the spatial plan committee need not comply with section 78 in relation to the information; and
(b)
the independent hearings panel need not consider or respond to any submission or evidence received on the information when hearing or making recommendations on the draft regional spatial plan, except to the extent the submission or evidence relates to the matters described in subclause (2).
8 Pre-notification consultation on draft regional spatial plan
(1)
Before a draft regional spatial plan is notified for submissions, a spatial plan committee must consult—
(a)
on the subject matter of the draft regional spatial plan with—
(i)
the Minister; and
(ii)
any other Minister of the Crown whose portfolio may be affected by the draft regional spatial plan; and
(iii)
the regional council of any adjacent region, and all territorial authorities whose district (or part of its district) is within an adjacent region; and
(iv)
tangata whenua of the region who may be affected, through iwi authorities; and
(v)
water organisations under the Local Government (Water Services) Act 2025 who may be affected; and
(vi)
relevant infrastructure providers, representatives of the development sector, representatives of other sector groups, and representatives of the wider community as identified by the local authorities in the process agreement; and
(vii)
ngā hapū o Ngāti Porou and any relevant customary marine title hapū, if the draft regional spatial plan—
(A)
applies to an area that includes, or is directly adjacent to, ngā rohe moana o ngā hapū o Ngāti Porou; or
(B)
otherwise directly affects ngā rohe moana o ngā hapū o Ngāti Porou; and
(viii)
any other person or class of persons prescribed in regulations; and
(b)
on the subject matter of the draft regional spatial plan as it relates to the coastal marine area with any customary marine title group that holds customary marine title over a customary marine title area in the region.
(2)
A spatial plan committee may consult anyone else before notifying a draft regional spatial plan for submissions.
Compare: 1991 No 69 Schedule 1 cl 3
9 Pre-notification consultation with iwi authorities
(1)
For the purposes of clause 8(1)(a)(iv), the spatial plan committee is to be treated as having consulted an iwi authority whose details are in the record kept under section 220 of this Act or section 232 of the Natural Environment Act 2026, if the committee—
(a)
establishes and maintains processes to provide opportunities for the iwi authority to be consulted; and
(b)
consults the iwi authority in accordance with those processes; and
(c)
enables the iwi authority to identify relevant issues of concern to it; and
(d)
indicates to the iwi authority how those issues have been or are to be addressed.
(2)
The processes in subclause (1)(a) may supplement any processes or other requirements in the process agreement.
Compare: 1991 No 69 Schedule 1 cl 3B
10 Identified Māori land
(1)
Subclause (2) applies if a spatial plan committee is preparing, or the local authorities of a region or the Minister are making a decision in relation to, a draft regional spatial plan that identifies future infrastructure or a future infrastructure corridor in a location where it may affect identified Māori land (whether this is done by identifying a specific location or a wider area in which the infrastructure or infrastructure corridor may be located).
(2)
In identifying the location, the spatial plan committee, local authorities, or Minister must—
(a)
act in a manner that recognises that the identified Māori land is a taonga tuku iho for the owners of the land and the hapū associated with the land; and
(b)
in doing so, consider the rights and interests of owners of the identified Māori land to retain, control, use, and occupy the land for the benefit of present and future generations of owners, their whānau, and their hapū.
Compare: 2023 No 47 s 26
11 Spatial plan committee must provide draft to iwi authorities and customary marine title groups
(1)
Before notifying a draft regional spatial plan for submissions, a spatial plan committee must—
(a)
provide a draft of that draft regional spatial plan to the iwi authorities referred to in clause 8(1)(a)(iv); and
(b)
provide a draft of the parts of that draft regional spatial plan that relate to the coastal marine area to any customary marine title group referred to in clause 8(1)(b); and
(c)
have regard to any advice received from those iwi authorities or customary marine title groups on the draft.
(2)
The spatial plan committee must provide the draft sufficiently early to give the iwi authorities and customary marine title groups adequate time and opportunity to consider the draft and provide advice on it.
Compare: 1991 No 69 Schedule 1 cl 4A
12 Spatial plan committee to invite applications from designating authorities
(1)
Before notifying a draft regional spatial plan for submissions, a spatial plan committee must publish (in the manner prescribed by regulations) a notice inviting all designating authorities to—
(a)
apply under clause 13 to have the indicative location of a future designation identified in the draft regional spatial plan; or
(b)
apply under clause 34 of Schedule 5 to notify a proposed designation, or a proposed alteration to a designation, with the draft regional spatial plan.
(2)
The notice must state the deadline for responding, which must be at least 20 working days after the date on which the notice is published.
(3)
The spatial plan committee must send a copy of the notice to every designating authority that has an existing designation in any land use plan of a district within the region.
13 Designating authority may apply to have indicative location of future designation identified in draft regional spatial plan
(1)
In response to a notice under clause 12, a designating authority may apply to the spatial plan committee to have the indicative location of a future designation identified in a draft regional spatial plan.
(2)
An application must be made in the manner prescribed by regulations and must—
(a)
describe the project to which the future designation relates and its indicative location; and
(b)
include an assessment of the strategic need for the project and future designation in that indicative location proposed (see clause 14(5)); and
(c)
be made no later than the deadline specified in the spatial plan committee’s notice.
14 Spatial plan committee must decide whether to accept application
(1)
The spatial plan committee must decide whether to accept an application made under clause 13.
(2)
The committee may accept the application only if the committee—
(a)
has had regard to whether there is a strategic need for the project in the indicative location proposed; and
(b)
is satisfied that 1 or more of the following applies:
(i)
the project is nationally significant or regionally significant:
(ii)
the project will have regionally significant benefits:
(iii)
the project will cross territorial authority boundaries.
(3)
If the spatial plan committee accepts the application, it must—
(a)
advise the designating authority in writing; and
(b)
map the indicative location of the future designation, and record details of it, in the draft regional spatial plan (see section 76(2)(c)(iii)).
(4)
If the spatial plan committee declines the application, it must advise the designating authority in writing with its reasons.
(5)
The requirement in subclause (2)(a) to be satisfied of the strategic need for the project in the indicative location proposed—
(a)
requires consideration of—
(i)
how necessary the project and designation are to meet the designating authority’s objectives for seeking the designation; and
(ii)
whether the general location that is proposed for the designation is appropriate in light of those objectives; but
(b)
does not require—
(i)
an assessment or consideration of any alternative sites, routes, or methods of undertaking the project; or
(ii)
consideration of whether the project could have been better provided in any alternative location; or
(iii)
a granular or property-specific assessment of the indicative location proposed.
15 Options assessment report
(1)
Before a draft regional spatial plan is notified for submissions, a spatial plan committee must—
(a)
prepare an options assessment report in accordance with any applicable requirements in a national standard; and
(b)
have particular regard to that report when deciding whether to recommend (under clause 17(1)) that the draft regional spatial plan be notified for submissions.
(2)
An options assessment report must—
(a)
describe the key drivers of growth and change within the region, both within and outside of public control; and
(b)
describe (and, if practicable, quantify) the level of certainty associated with those drivers of growth and change; and
(c)
identify and assess a range of options for delivering on the strategic priorities for growth and change within the region; and
(d)
contain any other information prescribed by a national standard.
16 Audit by Minister
(1)
Before notifying a draft regional spatial plan for submissions, a spatial plan committee must provide the following documents to the Minister:
(a)
a full draft of the draft regional spatial plan:
(b)
a draft of the options assessment report.
(2)
The committee must provide the documents within the time frame (if any) prescribed by regulations.
(3)
The Minister—
(a)
may decide to carry out an audit of the draft of the draft regional spatial plan at any time before the local authorities make a decision on panel recommendations under clause 25; and
(b)
may provide feedback to the spatial plan committee as a result of any audit.
(4)
Any audit must—
(a)
be carried out in the manner prescribed by regulations; and
(b)
be limited to assessing the extent to which the draft complies with this Act (including the extent to which the draft implements national instruments).
(5)
The local authorities of the region must have regard to any feedback provided by the Minister—
(a)
when deciding under clause 17(2) whether to approve the draft regional spatial plan for notification (but only if the Minister provides the feedback before they make that decision); and
(b)
when making decisions on panel recommendations under clause 25.
17 Decision to notify draft regional spatial plan for submissions
(1)
If a spatial plan committee considers it appropriate to proceed with a draft regional spatial plan, it must—
(a)
provide the draft regional spatial plan that it has prepared to the local authorities of the region; and
(b)
recommend that the local authorities notify the draft regional spatial plan for submissions.
(2)
The local authorities of the region must decide whether to approve the draft regional spatial plan for notification.
18 Spatial plan committee must notify draft regional spatial plan for submissions
(1)
If the local authorities of a region approve a draft regional spatial plan for notification, the spatial plan committee of the region must, in the manner prescribed by regulations,—
(a)
notify the draft regional spatial plan for public submissions; and
(b)
publish the draft regional spatial plan and the options assessment report.
(2)
The closing date for submissions must be at least 20 working days after the date on which the draft is notified.
19 Submissions on draft regional spatial plan
(1)
Any person may make a submission on a draft regional spatial plan that is notified for submissions.
(2)
A submission must—
(a)
be in the form prescribed by regulations; and
(b)
contain the information prescribed by regulations.
(3)
The spatial plan committee must publish, in the manner prescribed by regulations, the submissions received.
20 Independent hearings panel
(1)
The local authorities of a region must appoint an independent hearings panel to a draft regional spatial plan in accordance with clause 3 of Schedule 4.
(2)
The functions of the independent hearings panel are to—
(a)
conduct the hearing on the draft regional spatial plan; and
(b)
make recommendations on the draft regional spatial plan.
21 Spatial plan committee must provide certain information to independent hearings panel
A spatial plan committee must, within the time frame prescribed by regulations, provide the following information to the independent hearings panel:
(a)
the draft regional spatial plan:
(b)
the options assessment report:
(c)
the submissions received by the closing date for submissions:
(d)
any information prescribed by regulations.
22 Hearing
(1)
The independent hearings panel must hold a hearing into submissions on a draft regional spatial plan.
(2)
A representative of the spatial plan committee must attend any hearing in accordance with any prescribed requirements.
(3)
A failure by the spatial plan committee to comply with subclause (2) does not invalidate a hearing or hearing session.
23 Recommendations by panel
(1)
The independent hearings panel must make recommendations—
(a)
to the local authorities of the region on the draft regional spatial plan; and
(b)
to the relevant designating authority in relation to a proposed designation notified with the draft regional spatial plan under clause 36 of Schedule 5.
(2)
The panel must make its recommendations in accordance with sections 76, 77, and 78.
(3)
When making its recommendations, the panel—
(a)
must have regard to—
(i)
the documents and other matters specified in clause 6(1); and
(ii)
the options assessment report; and
(iii)
the submissions; and
(iv)
any other report commissioned by the panel, or prepared for the panel by the spatial plan committee or a local authority of the region; and
(b)
must comply with clause 6(3) and (4); and
(c)
must be satisfied that, if the local authorities were to accept the panel’s recommendations, the local authorities would comply with the provisions of this Act, and any other legislation, that apply to the local authorities’ preparation of the regional spatial plan; and
(d)
in relation to a recommendation under subclause (1)(b), must comply with clause 26 of Schedule 5 as if it were the recommending authority for the purpose of that clause.
(4)
The panel must provide its recommendations in 1 or more recommendation reports.
(5)
A recommendation report must—
(a)
set out the panel’s reasons for its recommendations; and
(b)
be in the form, and contain any additional information, prescribed by regulations.
(6)
The panel must—
(a)
provide all recommendation reports to the local authorities and relevant designating authorities (as applicable) within the time frame prescribed by regulations; and
(b)
send the Minister an electronic copy of each recommendation report at the same time (other than any recommendation report that solely contains recommendations on a proposed designation notified with the draft regional spatial plan under clause 36 of Schedule 5).
(7)
The recommendation reports must be published in the manner prescribed by regulations.
24 Local authorities may request advice on panel recommendations
(1)
One or more of the local authorities in a region may direct the spatial plan committee to provide advice on 1 or more of the independent hearings panel’s recommendations on a draft regional spatial plan.
(2)
A direction for advice must—
(a)
be made in writing; and
(b)
specify the date by which the committee must provide the advice.
(3)
The spatial plan committee must—
(a)
comply with any direction to provide advice; and
(b)
send a copy of any advice to all local authorities in the region and the Minister.
(4)
This clause does not apply in relation to a recommendation under clause 23(1)(b) (recommendations to a designating authority on a proposed designation notified with a draft regional spatial plan under clause 36 of Schedule 5).
25 Decision on panel recommendations by local authorities
(1)
The local authorities must—
(a)
decide whether to accept or reject each recommendation the panel makes to them under clause 23(1)(a); and
(b)
for each recommendation that they reject, decide an alternative solution.
(2)
However,—
(a)
the local authorities are not required to make a decision on a recommendation on which the Minister has made a decision under clause 27; and
(b)
if the local authorities (under this clause) and the Minister (under clause 27) make decisions on the same recommendation, the Minister’s decision prevails.
(3)
The local authorities must make their decisions in accordance with—
(a)
sections 76, 77, and 78; and
(b)
any division of responsibilities between them as set out in the process agreement.
(4)
When making their decisions, the local authorities—
(a)
must have regard to—
(i)
the documents and other matters specified in clause 6(1); and
(ii)
the options assessment report; and
(iii)
any other report commissioned by the panel, or prepared for the panel by the spatial plan committee or a local authority of the region; and
(b)
must comply with clause 6(3) and (4); and
(c)
are not required to consult any other person or consider submissions or evidence from any person; and
(d)
must not consider any submission or any other evidence unless—
(i)
it was made available to the panel before the panel made the relevant recommendation; or
(ii)
it is advice provided by the spatial plan committee under clause 24; and
(e)
may seek clarification from the panel or spatial plan committee on a recommendation to assist the local authorities in making a decision on that recommendation.
(5)
An alternative solution on a recommendation may include any of the following:
(a)
elements of the draft regional spatial plan as notified for submissions:
(b)
elements of the panel’s recommendations:
(c)
any alternative approach.
(6)
The local authorities must, no later than 12 months after the date on which the draft regional spatial plan was notified for submissions,—
(a)
publish their decisions in the manner prescribed by regulations; and
(b)
advise, in the manner prescribed by regulations, the following persons where an electronic copy of the decisions can be found:
(i)
the Minister:
(ii)
the spatial plan committee:
(iii)
relevant designating authorities:
(iv)
submitters.
(7)
The local authorities’ published decisions must set out the following information:
(a)
any recommendation that is accepted:
(b)
any recommendation that is rejected, with reasons:
(c)
the alternative solution for any rejected recommendation:
(d)
which local authority made each decision and alternative recommendation (if the process agreement provides for a division of responsibilities):
(e)
any other information prescribed by regulations.
(8)
This clause does not apply in relation to a recommendation under clause 23(1)(b) (recommendations to a designating authority on a proposed designation notified with a draft regional spatial plan under clause 36 of Schedule 5).
26 Application to Minister for extension of time for publishing decisions
(1)
This clause applies if the local authorities of a region consider that 1 or more of them are unable, or likely to be unable, to meet the deadline for publishing their decisions under clause 25(6).
(2)
The local authorities must, before the deadline, apply to the Minister for an extension of time in the manner prescribed by regulations.
(3)
The Minister must decide the application for an extension, and advise the local authorities of the outcome, in the manner prescribed by regulations.
27 Minister may make decisions on recommendations relating to certain matters
(1)
The Minister may make a decision on a recommendation that an independent hearings panel makes to the local authorities of a region under clause 23(1)(a), if the Minister is satisfied that the recommendation relates to—
(a)
the delivery, operation, or upgrading of infrastructure or another asset that—
(i)
is of national significance; and
(ii)
is or will be owned, or funded in whole or in part, by the Crown; or
(b)
a matter relating to the coastal marine area that is identified as nationally significant in a national instrument.
(2)
If the Minister intends to make a decision on a recommendation, the Minister must—
(a)
notify the local authorities and the spatial plan committee of that intention in writing; and
(b)
specify in the notice the date by which the Minister will make the decision (which must be no later than 12 months after the date on which the draft regional spatial plan was notified).
(3)
The Minister must—
(a)
make any decision on a recommendation in accordance with sections 76, 77, and 78; and
(b)
for any recommendation that they reject, decide an alternative solution.
(4)
When making any decision on a recommendation, the Minister—
(a)
must have regard to—
(i)
the documents and other matters specified in clause 6(1); and
(ii)
the options assessment report; and
(iii)
any other report commissioned by the panel, or prepared for the panel by the spatial plan committee or a local authority of the region; and
(b)
must comply with clause 6(3) and (4); but
(c)
is not required to consult any other person or consider submissions or evidence from any person; and
(d)
must not consider any submission or any other evidence unless—
(i)
it was made available to the panel before the panel made the relevant recommendation; or
(ii)
it is advice provided by the spatial plan committee under clause 24; and
(e)
may seek clarification from the panel or spatial plan committee on a recommendation to assist the local authorities in making a decision on that recommendation.
(5)
An alternative solution on a recommendation may include any of the following:
(a)
elements of the draft regional spatial plan as notified for submissions:
(b)
elements of the panel’s recommendations:
(c)
any alternative approach.
(6)
The Minister must, no later than the date specified under subclause (2)(b),—
(a)
publish any decision on a recommendation in the manner prescribed by regulations; and
(b)
advise the spatial plan committee and the local authorities of the region of the decision.
(7)
The Minister’s published decisions must set out the following information:
(a)
any recommendation that the Minister accepts:
(b)
any recommendation that the Minister rejects, with reasons:
(c)
the alternative solution for any rejected panel recommendation.
(8)
The local authorities of the region must, in the manner prescribed by regulations, advise all submitters where an electronic copy of the Minister’s decision can be found.
28 Decisions on designations by designating authorities
(1)
This clause applies in relation to a recommendation that an independent hearings panel makes to a designating authority under clause 23(1)(b) (recommendations on a proposed designation notified with a draft regional spatial plan under clause 36 of Schedule 5).
(2)
The designating authority responsible for the proposed designation must—
(a)
decide whether to accept or reject the panel’s recommendation; and
(b)
for any recommendation or part of a recommendation that it rejects, decide an alternative solution.
(3)
The designating authority’s decision (including any alternative solution) may modify the proposed designation only if the modification—
(a)
was recommended by the panel; or
(b)
is not inconsistent with the existing or proposed designation as it was included in the draft regional spatial plan.
(4)
A designating authority must give reasons if it—
(a)
rejects the panel’s recommendation in whole or in part; or
(b)
modifies the existing or proposed designation.
(5)
A designating authority must notify the territorial authority of the district that the designation is in of its decision (including any reasons) no later than 30 working days after receiving the relevant recommendation report under clause 23.
(6)
The territorial authority must—
(a)
publish a notice of the designating authority’s decisions (including any reasons) in the manner prescribed by regulations; and
(b)
advise, in the manner prescribed by regulations, the following persons of where an electronic copy of the notice can be found:
(i)
each submitter who made a submission on the relevant proposed or existing designation:
(ii)
each land owner and occupier directly affected by the decision:
(iii)
the Minister, the spatial plan committee, and the other local authorities in the region.
29 Appeal on question of law
(1)
(2)
However, a submitter may appeal under this clause only if they referred to the subject matter of the decision in their submission.
(3)
The right of appeal under this clause is limited to a question of law.
30 Appeal if recommendation relating to infrastructure is rejected
(1)
(2)
However, a submitter may appeal under this clause only if they referred to the subject matter of the decision in their submission.
31 Appeal on decision of designating authority
The following persons may appeal to the Environment Court against a decision of a designating authority to accept or reject a panel recommendation on a proposed designation under clause 28:
(a)
a submitter, but only if their submission addressed—
(i)
the proposed designation to which the decision relates; and
(ii)
the matter to which the appeal relates:
(b)
the territorial authority of the district that the proposed designation is in.
32 Requirements for lodging appeals
33 Hearing by Environment Court on appeal
Compare: 1991 No 69 Schedule 1 cl 15
34 Local authorities to adopt regional spatial plan
(1)
When all decisions under clauses 25, 27, and 28 have been made, and any appeals have been determined or withdrawn (or the time for making appeals has expired without any appeals being made), the local authorities of the region must publish a notice that the draft regional spatial plan is adopted.
(2)
The notice must—
(a)
be published in the manner prescribed by regulations; and
(b)
specify the date on which it is published (which is the date on which the draft regional spatial plan is adopted).
(3)
When a draft regional spatial plan is adopted,—
(a)
it becomes the regional spatial plan of the region; and
(b)
it replaces any previous regional spatial plan (or part of a regional spatial plan, if the draft regional spatial plan is an amendment to a regional spatial plan).
35 Minor amendments and amendments to reflect changes to aquaculture settlement area
(1)
A spatial plan committee may, without using the process in this schedule or conducting a review, amend a regional spatial plan—
(a)
if the amendment will have no more than a minor effect; or
(b)
to correct a minor error.
(2)
A spatial plan committee must, without using the process in this schedule or conducting a review, amend a regional spatial plan to—
(a)
record any new aquaculture settlement area that is notified under section 12 of the Maori Commercial Aquaculture Claims Settlement Act 2004; or
(b)
reflect any space that is added to or removed from an aquaculture settlement area by notice under that section.
(3)
The spatial plan committee must publish (in the manner prescribed by regulations) a notice of any amendments made under this clause no later than 5 working days after making them.
Compare: 1991 No 69 Schedule 1 cl 20A
Schedule 3 Further provisions relating to plans
Contents
Preliminary provisions
1 Application
(1)
This schedule sets out further provisions that apply in relation to—
(a)
land use plans under this Act (see sections 99 and 114); and
(b)
natural environment plans under the Natural Environment Act 2026 (see sections 102 and 118 of that Act).
(2)
The provisions in this schedule apply to both types of plan, except where a provision indicates that it applies to a particular type of plan.
2 Interpretation
(1)
When this schedule is applied for the purposes of this Act, unless the context otherwise requires, a term used in this schedule that is defined in section 3 has the meaning given in section 3.
(2)
When this schedule is applied for the purposes of the Natural Environment Act 2026, unless the context otherwise requires, a term used in this schedule that is defined in section 3 of the Natural Environment Act 2026 has the meaning given in section 3 of that Act.
Example
(3)
In this schedule, unless the context otherwise requires,—
existing designation,—
(a)
in relation to a proposed land use plan that is a new land use plan, means a designation in the operative land use plan; and
(b)
in relation to a proposed land use plan that is a plan change in response to a review under section 120(1), means a designation in any part of the operative plan that was reviewed under that section
further submitter, in relation to a proposed plan or private plan change, means a person who made a further submission on the proposed plan or private plan change
local authority,—
(a)
in relation to a land use plan or proposed land use plan under this Act, means the local authority (as that term is defined in section 3 of this Act) responsible for the land use plan; and
(b)
in relation to a natural environment plan or proposed natural environment plan under the Natural Environment Act 2026, means the regional council (as that term is defined in section 3 of that Act) responsible for the natural environment plan
nearby local authority,—
(a)
in relation to a territorial authority preparing or changing a land use plan under this Act, means—
(i)
any regional council whose region includes all or part of the district of the territorial authority; and
(ii)
any territorial authority whose district adjoins the district of the territorial authority; and
(b)
in relation to a regional council preparing or changing a land use plan for the coastal marine area under this Act, means—
(i)
any territorial authority whose district adjoins any part of the coastal marine area to which the land use plan applies; and
(ii)
any regional council whose region adjoins any part of the coastal marine area to which the land use plan applies; and
(c)
in relation to a regional council preparing or changing a natural environment plan under the Natural Environment Act 2026, means—
(i)
any territorial authority whose district (or part of its district) is within the region of the regional council; and
(ii)
any regional council whose region adjoins the region of the regional council
requester, in relation to a change request, means the person who made the change request
submitter, in relation to a proposed plan or private plan change, means a person who made a submission on the proposed plan or private plan change.
Part 1 Preparing and changing plans
Preparing proposed plan
3 Iwi participation legislation
A local authority must prepare and change its plan in accordance with any applicable iwi participation legislation or agreement under that legislation.
Compare: 1991 No 69 Schedule 1 cl 1B
4 Preparing proposed plan
A local authority begins the preparation or change of a plan by preparing a proposed plan.
Compare: 1991 No 69 Schedule 1 cl 2(1)
5 Pre-notification consultation on proposed plan
(1)
Before notifying a proposed plan for submissions, a local authority must consult on the subject matter of the proposed plan with—
(a)
the Minister; and
(b)
any other Minister of the Crown whose portfolio may be affected by the proposed plan; and
(c)
any nearby local authority; and
(d)
any water organisation (as defined in section 4 of the Local Government (Water Services) Act 2025) that may be affected; and
(e)
tangata whenua of the district of the territorial authority or the region of the regional council who may be affected, through iwi authorities; and
(f)
any customary marine title group that holds customary marine title over a customary marine title area,—
(i)
in the case of a proposed land use plan prepared by a territorial authority, in the district of the territorial authority or any part of the common marine and coastal area adjacent to that district; or
(ii)
in the case of a proposed plan prepared by a regional council, in the region of the regional council; and
(g)
any customary marine title hapū that holds customary marine title over a customary marine title area (as those terms are defined in section 9 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019),—
(i)
in the case of a proposed land use plan prepared by a territorial authority, in the district of the territorial authority or any part of the common marine and coastal area adjacent to that district; or
(ii)
in the case of a proposed plan prepared by a regional council, in the region of the regional council.
(2)
However, a local authority is not required to consult a person or group described in subclause (1) in relation to a matter in the proposed plan if the local authority—
(a)
consulted the person or group, or their representative, on that matter under other legislation within the 36 months before public notification of the proposed plan; and
(b)
advised the person or group, or their representative, that information obtained from that consultation would also be used for processes under this Act (in the case of a proposed land use plan) or the Natural Environment Act 2026 (in the case of a proposed natural environment plan).
(3)
A local authority may consult anyone else before notifying a proposed plan for submissions.
6 Pre-notification consultation with iwi authorities
For the purposes of clause 5(1)(e), a local authority is to be treated as having consulted an iwi authority whose details are in the record kept under section 220 of this Act or section 232 of the Natural Environment Act 2026 if the local authority—
(a)
considers ways in which the local authority may foster the development of the iwi authority’s capacity to respond to an invitation for consultation; and
(b)
establishes and maintains processes to provide opportunities for the iwi authority to be consulted; and
(c)
consults the iwi authority in accordance with those processes; and
(d)
enables the iwi authority to identify relevant issues of concern to it; and
(e)
indicates to the iwi authority how those issues have been or are to be addressed.
Compare: 1991 No 69 Schedule 1 cl 3B
7 Including existing designations of other designating authorities in proposed land use plan
(1)
This clause applies if a territorial authority is preparing a proposed land use plan that is—
(a)
a new land use plan; or
(b)
a plan change in response to a review under section 120(1).
(2)
Before notifying the proposed land use plan for submissions, the territorial authority must send a written notice to every designating authority (other than itself) with an existing designation.
(3)
The written notice must—
(a)
invite the designating authority to state in writing whether it requires that the existing designation be included, with or without modifications, in the proposed land use plan; and
(b)
state the deadline for responding (which must be at least 30 working days after the date of the request).
(4)
If a designating authority responds that it requires that an existing designation be included in the proposed land use plan with modifications, it must include in its response—
(a)
the modifications and its reasons for them; and
(b)
the information required by clause 13 of Schedule 5, which applies as if a reference in that clause—
(i)
to a proposed designation were a reference to the existing designation with the modifications proposed; and
(ii)
to the project were a reference to any change to the project as a result of the modifications proposed.
(5)
If a designating authority responds by the deadline that it requires that an existing designation be included in the proposed land use plan, the territorial authority must—
(a)
include that designation in the proposed land use plan with the modifications (if any) set out in the response; and
(b)
publish the information referred to in subclause (4)(b), in the manner prescribed by regulations, at the same time as it notifies the proposed land use plan for submissions.
(6)
If a designating authority responds by the deadline that it does not require that an existing designation be included in the proposed land use plan, or does not respond by the deadline, the territorial authority must not include that designation in the proposed land use plan.
Compare: 1991 No 69 Schedule 1 cl 4(1)–(5)
8 Including proposed designations of other designating authorities in proposed land use plan
A territorial authority must include in its proposed land use plan any proposed designation to which clause 15(2) of Schedule 5 applies.
9 Including proposed or existing designation of territorial authority in proposed land use plan
(1)
A territorial authority may include any of the following in a proposed land use plan:
(a)
a proposed designation for which it is the designating authority:
(b)
an existing designation (with or without modifications) for which it is the designating authority.
(2)
If a territorial authority includes a proposed designation in a proposed land use plan under subclause (1)(a), it must publish the information required by clause 13 of Schedule 5 for that proposed designation.
(3)
If a territorial authority includes an existing designation with modifications in a proposed land use plan under subclause (1)(b), it must publish the information required by clause 13 of Schedule 5, which applies with the modifications described in clause 7(4)(b) of this schedule.
(4)
The territorial authority must publish any information required by subclause (2) or (3) in the manner prescribed by regulations at the same time as it notifies the proposed land use plan for submissions.
Compare: 1991 No 69 Schedule 1 cl 4(6)(a)
10 Evaluation report
(1)
Before notifying a proposed plan for submissions, a local authority must—
(a)
prepare an evaluation report of a draft of the proposed plan; and
(b)
have particular regard to the evaluation report when deciding whether to proceed to notify the proposed plan for submissions.
(2)
An evaluation report must—
(a)
explain how the draft proposed plan implements—
(i)
the regional spatial plan; and
(ii)
the national policy direction and any applicable goal (to the extent authorised by section 14 of this Act or section 14 of the Natural Environment Act 2026); and
(b)
summarise the local authority’s reasons for selecting a standardised plan provision from a national standard, if a national standard authorises or requires the local authority to choose between 2 or more alternative standardised plan provisions; and
(c)
summarise the evidence for its view that section 103(3) of this Act or section 106(3) of the Natural Environment Act 2026 applies, if the local authority is proposing that the draft will not implement a provision in the regional spatial plan as referred to in those sections; and
(d)
state how, if at all, the draft has been influenced by—
(i)
pre-notification consultation (see clause 5); and
(ii)
any other engagement with local communities.
(3)
If a proposed natural environment plan includes a land use control or input control for the purpose of ensuring compliance with an environmental limit, the evaluation report must include an assessment of why the following measures are not sufficient to ensure compliance with the limit:
(a)
national standards:
(b)
non-regulatory methods specified in an action plan:
(c)
freshwater farm plans:
(d)
any rules in an operative natural environment plan.
(4)
An evaluation report must contain sufficient detail to identify the key content of a draft proposed plan but is not required to individually address every objective, policy, rule, or method in the draft.
Compare: 1991 No 69 s 32, Schedule 1 cl 5(1)(a)
11 Justification report
(1)
Before notifying a proposed plan for submissions, a local authority must—
(a)
prepare a justification report if the proposed plan is to contain any of the following provisions:
(i)
a bespoke plan provision:
(ii)
a provision on a specified topic:
(iii)
a provision to which section 57(3) of the Natural Environment Act 2026 applies (an ecosystem health limit in a proposed natural environment plan that is less stringent than the minimum acceptable level specified in national standards); and
(b)
have particular regard to the justification report before deciding whether to proceed to notify the proposed plan for submissions.
(2)
The justification report must—
(a)
describe the positive and negative impacts of the provision; and
(b)
assess the costs and benefits of the provision, including any costs and benefits from providing or reducing opportunities for—
(i)
development; or
(ii)
business or residential use; and
(c)
state how the local authority proposes to monitor the effectiveness of the provision; and
(d)
summarise the evidence for its view that section 103(3) of this Act or section 106(3) of the Natural Environment Act 2026 applies, if the local authority is proposing that the provision will not implement a provision in the regional spatial plan as referred to in those sections.
(3)
In relation to a bespoke plan provision, the justification report must also—
(a)
explain why the bespoke plan provision is—
(i)
expressly authorised by a national instrument; or
(ii)
not precluded by any national instrument; and
(b)
state how, if at all, the bespoke plan provision has been influenced by—
(i)
pre-notification consultation (see clause 5); and
(ii)
any other engagement with local communities.
(4)
In relation to a provision on a specified topic, the justification report must also—
(a)
identify the specified topic that the provision relates to; and
(b)
justify why the provision is either—
(i)
expressly authorised by a national instrument; or
(ii)
not precluded by national instruments; and
(c)
describe the area to which the provision applies, including any site, structure, landscape, or feature; and
(d)
assess the extent to which the provision is appropriate in relation to any cultural, historic, or natural values associated with the specified topic; and
(e)
describe the key data and evidence that has informed the provision, including where the provision applies spatially; and
(f)
if the provision is a rule, describe how the local authority has complied with clause 63.
(5)
In relation to a provision to which section 57(3) of the Natural Environment Act 2026 applies, the justification report must comply with the requirements (if any) prescribed by regulations or national standards.
(6)
The justification report must contain a level of detail that corresponds to the scale and significance of the content of the draft proposed plan.
Compare: 1991 No 69 s 32, Schedule 1 cl 5(1)(a)
12 Failure to properly prepare evaluation report or justification report
(1)
(2)
Subclause (1) does not prevent a person who is hearing a submission or an appeal on a proposed plan from having regard to the matters in clauses 10 and 11.
Compare: 1991 No 69 s 32A
13 Audit by chief executive
(1)
No later than 3 months before notifying for submissions a proposed plan that contains a bespoke plan provision or a provision on a specified topic, a local authority must provide the following documents to the chief executive:
(a)
a full draft of the proposed plan:
(b)
an evaluation report for the draft of the proposed plan:
(c)
a justification report for that provision.
(2)
The chief executive may decide to carry out an audit of the draft proposed plan and, if they do, may decide to provide feedback to the local authority.
(3)
Any audit must be—
(a)
carried out in the manner prescribed by regulations; and
(b)
limited to assessing—
(i)
the extent to which the draft proposed plan implements national instruments (to the extent authorised by section 14); and
(ii)
for a proposed natural environment plan, also how environmental limits have been set and are reflected in the proposed plan.
(4)
A local authority that receives feedback must, before notifying the proposed plan for submissions,—
(a)
have regard to the feedback; and
(b)
update its justification report to state how, if at all, the feedback has influenced its proposals for the provision.
14 Local authority must provide draft proposed plan to iwi authorities and customary marine title groups
(1)
Before notifying a proposed plan for submissions, a local authority must—
(a)
provide a draft of the proposed plan to any iwi authority, customary marine title group, and customary marine title hapū consulted under clause 5(1)(e), (f), or (g); and
(b)
have regard to any advice received from those iwi authorities, groups, or hapū on the draft proposed plan.
(2)
The local authority must provide the draft sufficiently early to give those iwi authorities, groups, and hapū adequate time and opportunity to consider the draft and provide advice on it.
Compare: 1991 No 69 Schedule 1 cl 4A
Notifying proposed plan for submissions
15 Local authority must notify proposed plan for public or targeted submissions
(1)
A local authority that decides to proceed with a proposed plan must notify the proposed plan for public submissions in the manner prescribed by regulations, unless the local authority notifies it for targeted submissions under clause 16.
(2)
The closing date for submissions must be at least 20 working days after the proposed plan is notified for public submissions.
(3)
A local authority that notifies a proposed plan for public submissions must, in the manner prescribed by regulations, send a copy of the notice to—
(a)
the Minister; and
(b)
each nearby local authority; and
(c)
tangata whenua of the district of the territorial authority or the region of the regional council, through iwi authorities; and
(d)
any other person who the local authority considers is likely to be directly affected by the proposed plan.
Compare: 1991 No 69 Schedule 1 cl 5
16 Notifying proposed plan for targeted submissions
(1)
A local authority may choose to notify a proposed plan for targeted submissions if—
(a)
the proposed plan is a plan change or variation; and
(b)
the local authority is satisfied that it can identify all persons directly affected by the plan change or variation.
(2)
A local authority notifies a proposed plan for targeted submissions by inviting, in the manner prescribed by regulations, the following persons to make a submission on the proposed plan:
(a)
any person who the local authority has identified as being directly affected by the proposed plan; and
(b)
the Minister; and
(c)
any nearby local authority; and
(d)
tangata whenua of the area affected by the proposed plan, through iwi authorities.
(3)
The closing date for submissions must be at least 20 working days after the proposed plan is notified for targeted submissions.
Compare: 1991 No 69 Schedule 1 cl 5A
Submissions and further submissions
17 Who may make submissions on proposed plan notified for submissions
Submissions on proposed plan notified for public submissions
(1)
The following persons may make a submission to the local authority on a proposed plan that is notified for public submissions:
(a)
a qualifying person of—
(i)
the district of the territorial authority (for a proposed land use plan prepared by a territorial authority); or
(ii)
the region of the regional council (for a proposed natural environment plan or proposed land use plan prepared by a regional council):
(b)
a person who has an interest in the proposed plan greater than the interest that the general public has:
(c)
a nearby local authority:
(d)
the local authority itself.
Submissions on proposed plan notified for targeted submissions
(2)
The following persons may make a submission to the local authority on a proposed plan that is notified for targeted submissions:
(a)
a person invited under clause 16(2):
(b)
the local authority itself.
18 Content and form of submissions
Content and form of submissions
(1)
A submission on a proposed plan notified for public or targeted submissions must—
(a)
be in the form prescribed by regulations; and
(b)
contain the information prescribed by regulations.
Prohibited content of submissions
(2)
A submission on a proposed plan must not—
(a)
seek a change to a standardised plan provision that is not authorised by a national standard; or
(b)
seek to relitigate the content of a regional spatial plan, except by submitting that section 103(3) of this Act (for a proposed land use plan) or section 106(3) of the Natural Environment Act 2026 (for a proposed natural environment plan) applies; or
(c)
seek the withdrawal of the proposed plan as a whole (unless the proposed plan is a plan change, private plan change, or variation); or
(d)
for a proposed land use plan, seek a change to the proposed land use plan based on a matter listed in section 17 as out of scope of this Act.
19 Publishing submissions and calling for further submissions
(1)
No later than 20 working days after the closing date for submissions on a proposed plan, a local authority must—
(a)
publish, in the manner prescribed by regulations, all submissions made (other than any submission or part of a submission that has been struck out under clause 22); and
(b)
publish, in the manner prescribed by regulations, a notice calling for further submissions in relation to any submission—
(i)
on a bespoke plan provision in the proposed plan; or
(ii)
seeking the addition of a bespoke plan provision to the proposed plan.
(2)
The closing date for further submissions must be at least 10 working days after the date on which the notice calling for further submissions is published.
Compare: 1991 No 69 s 41D
20 Who may make further submissions
(1)
The following persons may make a further submission to the local authority on a proposed plan that is notified for public submissions:
(a)
a qualifying person of the district (for a proposed land use plan prepared by a territorial authority) or region (for a proposed natural environment plan or proposed land use plan prepared by a regional council), but only if that qualifying person has an interest in the proposed plan greater than the interest that the general public has:
(b)
a nearby local authority:
(c)
the local authority itself.
(2)
The following persons may make a further submission to the local authority on a proposed plan that is notified for targeted submissions:
(a)
a person invited under clause 16(2):
(b)
the local authority itself.
Compare: 1991 No 69 Schedule 1 cl 8(1), (2)
21 Content, form, and service of further submissions
(1)
A further submission must be limited to a matter in support of, or opposition to, a submission—
(a)
on a bespoke plan provision in the proposed plan; or
(b)
seeking the addition of a bespoke plan provision to the proposed plan.
(2)
A further submission must—
(a)
be in the form prescribed by regulations; and
(b)
contain the information prescribed by regulations.
(3)
A further submission must not include content that is prohibited for a submission under clause 18(2).
(4)
A person who makes a further submission must serve a copy of it, in the manner prescribed by regulations, on the person who made the submission to which it relates.
22 Striking out submissions and further submissions
(1)
A local authority may strike out all or any part of a submission that the local authority is satisfied is content prohibited by clause 18(2).
(2)
A local authority may strike out all or any part of a further submission that the local authority is satisfied is content that—
(a)
does not comply with clause 21(1); or
(b)
is prohibited under clause 21(3).
(3)
A local authority that strikes out all or part of a submission or further submission must—
(a)
notify the person who made the submission or further submission; and
(b)
give reasons.
(4)
A person may apply to the Planning Tribunal to review a decision to strike out all or part of their submission or further submission.
Compare: 1991 No 69 s 41D
Consideration by independent hearings panel
23 Independent hearings panel
(1)
A local authority must appoint an independent hearings panel to a proposed plan in accordance with clause 4 of Schedule 4.
(2)
The functions of the independent hearings panel are to—
(a)
conduct a hearing of the proposed plan (if the panel chooses to conduct a hearing); and
(b)
make recommendations on the proposed plan.
24 Local authority must provide certain information to independent hearings panel
No later than 20 working days after the closing date for further submissions on a proposed plan, the local authority must provide the following information to the independent hearings panel:
(a)
the proposed plan:
(b)
the evaluation report:
(c)
the justification report (if any):
(d)
the submissions received by the closing date for submissions and further submissions received by the closing date for further submissions (other than any that have been struck out):
(e)
a summary of those submissions and further submissions:
(f)
any information prescribed by regulations:
(g)
any other information that the local authority considers necessary or desirable.
Compare: 1991 No 69 Schedule 1 cl 97
25 Independent hearings panel may hold hearing
(1)
The independent hearings panel may hold a hearing into submissions on a proposed plan.
(2)
The panel may choose not to hold a hearing even if 1 or more submitters request to be heard.
26 Local authority’s role during hearing
(1)
A representative of the local authority must attend any hearing in accordance with any prescribed requirements.
(2)
A failure by the local authority to comply with this clause does not invalidate a hearing or hearing sessions.
Compare: 1991 No 69 Schedule 1 cl 42
Recommendations by independent hearings panel
27 Recommendations by panel
(1)
The independent hearings panel must make recommendations—
(a)
to the local authority on the proposed plan (except in relation to an existing or a proposed designation included in a proposed land use plan); and
(b)
to the relevant designating authority (in relation to an existing or a proposed designation in a proposed land use plan).
(2)
When making its recommendations on a proposed land use plan, a panel—
(a)
must be satisfied that, if the local authority were to accept the panel’s recommendations, the local authority would comply with the provisions of this Act, and the provisions of any other legislation, that apply to the local authority’s preparation of the land use plan; and
(b)
must comply with clause 26 of Schedule 5 as if it were the recommending authority for the purposes of that clause (in relation to a recommendation on an existing or a proposed designation); and
(c)
must have regard to—
(i)
the information provided by the local authority under clause 24, including any submissions and further submissions that have not been struck out; and
(ii)
any report or advice commissioned by the panel in accordance with regulations; and
(d)
must—
(i)
prepare a further evaluation report for any significant changes that it recommends to the proposed land use plan (other than a significant change that is the replacement of a bespoke plan provision with a standardised plan provision); and
(ii)
have particular regard to that further evaluation report; and
(e)
must—
(i)
prepare a further justification report for any significant changes that it recommends in relation to a bespoke plan provision or a provision on a specified topic (other than a significant change that is the replacement of a bespoke plan provision with a standardised plan provision); and
(ii)
have particular regard to that further justification report.
(3)
(4)
When making its recommendations on a proposed natural environment plan, a panel—
(a)
must be satisfied that, if the regional council were to accept the panel’s recommendations, the regional council would comply with the provisions of the Natural Environment Act 2026 (including the provisions of this Act as applied by that Act), and the provisions of any other legislation, that applies to the regional council’s preparation of the natural environment plan; and
(b)
must have regard to—
(i)
the information provided by the regional council under clause 24, including any submissions and further submissions that have not been struck out; and
(ii)
any report or advice commissioned by the panel in accordance with regulations; and
(c)
must—
(i)
prepare a further evaluation report in relation to any significant changes that it recommends to the proposed natural environment plan (other than a significant change that is the replacement of a bespoke plan provision with a standardised plan provision); and
(ii)
have particular regard to that further evaluation report; and
(d)
must—
(i)
prepare a further justification report for any significant changes that it recommends in relation to a bespoke plan provision, a provision on a specified topic, or a provision to which section 57(3) of the Natural Environment Act 2026 applies (other than a significant change that is the replacement of a bespoke plan provision with a standardised plan provision); and
(ii)
have particular regard to that further justification report.
(5)
A panel must provide its recommendations in 1 or more recommendation reports.
(6)
A recommendation report must—
(a)
set out the panel’s reasons for its recommendations; and
(b)
be in the form, and contain any additional information, prescribed by regulations.
(7)
A further evaluation report required under subclause (2)(d) or (4)(c) must—
(a)
be prepared in accordance with clause 10(2) and (3), but need only address the significant changes for which the report is required; and
(b)
contain a level of detail that corresponds to the scale and significance of those changes.
(8)
A further justification report required under subclause (2)(e) or (4)(d) must—
(a)
be prepared in accordance with clause 11(2) to (5), but need only address the significant changes for which the report is required; and
(b)
contain a level of detail that corresponds to the scale and significance of those changes.
(9)
A panel must provide all recommendation reports, and any required further evaluation report and further justification report, within the time frame prescribed by regulations.
(10)
The reports must be published in the manner prescribed by regulations.
Decisions on proposed plan
28 Decisions on panel recommendations (other than recommendations on designations)
(1)
This clause applies in relation to a recommendation by a panel to a local authority (other than a recommendation on an existing or a proposed designation in a proposed land use plan).
(2)
The local authority must—
(a)
decide whether to accept or reject each of the panel’s recommendations; and
(b)
for each recommendation or part of a recommendation that it rejects, decide an alternative solution.
(3)
The local authority—
(a)
(b)
must—
(i)
prepare a further evaluation report for any significant changes that its decisions make to the proposed plan as recommended by the panel (other than a significant change that is the replacement of a bespoke plan provision with a standardised plan provision); and
(ii)
have particular regard to that further evaluation report; and
(c)
must—
(i)
prepare a further justification report for any significant changes that its decisions make in relation to a bespoke plan provision, a provision on a specified topic, or a provision to which section 57(3) of the Natural Environment Act 2026 applies (other than a significant change that is the replacement of a bespoke plan provision with a standardised plan provision); and
(ii)
have particular regard to that further justification report.
(4)
When making its decisions, the local authority—
(a)
is not required to consult any person or consider submissions or evidence from any person; and
(b)
must not consider any submission or any other evidence unless it was made available to the panel before the panel made the relevant recommendation; and
(c)
may seek clarification from the panel on a recommendation to assist the local authority in making a decision on that recommendation.
(5)
A local authority’s alternative solution on a recommendation may include any of the following:
(a)
elements of the proposed plan as notified for submissions:
(b)
elements of the panel’s recommendation:
(c)
any alternative approach.
(6)
Clause 27(7) applies to a further evaluation report required under subclause (3)(b).
(7)
Clause 27(8) applies to a further justification report required under subclause (3)(c).
(8)
The local authority must, no later than 12 months after the date on which the proposed plan is notified for submissions,—
(a)
publish its decisions in the manner prescribed by regulations; and
(b)
advise, in the manner prescribed by regulations, all persons who made a submission or further submission on the proposed plan where an electronic copy of the decisions can be found.
(9)
The local authority’s published decisions must—
(a)
set out the following information:
(i)
any recommendation, or part of a recommendation, that the local authority accepts:
(ii)
any recommendation, or part of a recommendation, that the local authority rejects and its reasons for doing so:
(iii)
the alternative solution for any rejected recommendation or part of a recommendation; and
(b)
clearly identify any decision (and any associated reasons and alternative solutions) on a bespoke plan provision; and
(c)
include any required further evaluation report or further justification report; and
(d)
include any other information prescribed by regulations.
Compare: 1991 No 69 Schedule 1 cls 11, 101, 102; 2010 No 37 s 148
29 Application to Minister for extension of time for publishing decisions
(1)
This clause applies if a local authority considers it is unable, or likely to be unable, to meet the deadline for publishing its decisions under clause 28(8).
(2)
The local authority must, before the deadline, apply to the Minister for an extension of time in the manner prescribed by regulations.
(3)
The Minister must decide the application for an extension, and advise the local authority of the outcome, in the manner prescribed by regulations.
Compare: 1991 No 69 Schedule 1 cl 10A
30 Decisions on designations by designating authorities
(1)
This clause applies in relation to a recommendation by a panel on an existing or a proposed designation in a proposed land use plan.
(2)
The designating authority responsible for the existing or proposed designation must decide whether it—
(a)
accepts the panel’s recommendation in whole; or
(b)
accepts the panel’s recommendation in part and rejects it in part; or
(c)
rejects the panel’s recommendation in whole.
(3)
A designating authority’s decisions may modify the existing or proposed designation only if the modification—
(a)
was recommended by the panel; or
(b)
is not inconsistent with the existing or proposed designation as it was included in the proposed plan.
(4)
A designating authority must give reasons if it—
(a)
rejects the panel’s recommendation in whole or in part; or
(b)
modifies the existing or proposed designation.
(5)
A designating authority must notify the territorial authority of its decisions (including any reasons) no later than 30 working days after receiving the relevant recommendation report under clause 27.
(6)
The territorial authority must—
(a)
publish a notice of the designating authority’s decisions (including any reasons) in the manner prescribed by regulations; and
(b)
advise, in the manner prescribed by regulations, the following persons of where an electronic copy of the notice can be found:
(i)
each person who made a submission on the relevant proposed or existing designation:
(ii)
each land owner and occupier directly affected by the decision.
31 Proposed plan amended to reflect decisions
(1)
A proposed plan is amended by the decisions of a local authority under clause 28 (including any alternative solution) on and from the date on which the local authority publishes those decisions in accordance with that clause.
(2)
A proposed land use plan is amended by the decisions of a designating authority on an existing or a proposed designation under clause 30 on and from the date on which the territorial authority publishes those decisions in accordance with that clause.
Compare: 2010 No 37 s 152(2), (4)
Appeals against proposed plan
32 Appeal on question of law against standardised plan provision, or provision or matter excluded from proposed plan
(1)
A submitter or further submitter may appeal to the Environment Court against a local authority’s decision under clause 28 to—
(a)
include a standardised plan provision in a proposed plan; or
(b)
exclude a provision or matter from a proposed plan.
(2)
However, a submitter or further submitter may appeal under this clause only if they referred to the subject matter of the decision in their submission or further submission.
(3)
The right of appeal under this clause is limited to a question of law.
(4)
Subclause (3) does not apply to the extent that an appeal relates to—
(a)
the spatial application of a provision on a specified topic; or
(b)
whether the local authority has acted in accordance with section 103(3) of this Act (for a proposed land use plan) or section 106(3) of the Natural Environment Act 2026 (for a proposed natural environment plan).
33 Appeal against decision to include bespoke plan provision
(1)
A submitter or further submitter may appeal to the Environment Court against a local authority’s decision under clause 28 to include a bespoke plan provision in a proposed plan.
(2)
However, a submitter or further submitter may appeal under this clause only if they referred to the subject matter of the decision in their submission or further submission.
34 Appeal against decision to include provision of relief framework
(1)
A submitter or further submitter may appeal to the Environment Court against a local authority’s decision to include a provision in a relief framework in a proposed plan.
(2)
However, a submitter or further submitter may appeal under this clause only if they referred to the subject matter of the decision in their submission or further submission.
35 Appeal on designations
The following persons may appeal to the Environment Court against a decision of a designating authority under clause 30:
(a)
a submitter or further submitter on the proposed land use plan, but only if their submission or further submission addressed—
(i)
the existing or proposed designation to which the decision relates; and
(ii)
the matter to which the appeal relates:
(b)
the territorial authority.
Compare: 1991 No 69 Schedule 1 cl 14(3)–(5)
36 Appeal must not seek withdrawal of whole of proposed plan
Compare: 1991 No 69 Schedule 1 cl 14(2), (2A)
37 Requirements for lodging appeals
Hearing by Environment Court on appeal
Withdrawing all or part of proposed plan
39 Withdrawing all or part of proposed plan
(1)
A local authority may withdraw all or part of a proposed plan at any time before—
(a)
the proposed plan or part of the plan becomes operative, if—
(i)
no appeal has been made in relation to the proposed plan or part of the plan; or
(ii)
all appeals have been withdrawn; or
(b)
the Environment Court hearing commences, if an appeal has been made and not withdrawn.
(2)
However, a territorial authority must not withdraw part of a proposed land use plan that is an existing or a proposed designation unless—
(a)
the withdrawal is made under clause 40; or
(b)
the territorial authority withdraws all of the proposed plan.
(3)
The local authority must publish a notice of any withdrawal in the manner prescribed by regulations, which must include the authority’s reasons for the withdrawal.
(4)
If a local authority withdraws part of a proposed plan, it must (without using the process in this schedule) amend the proposed plan to reflect the withdrawal.
Compare: 1991 No 69 Schedule 1 cls 4(9), (10), 8D
40 Withdrawing existing or proposed designation from proposed land use plan
(1)
A designating authority that is responsible for an existing or a proposed designation in a proposed land use plan may withdraw the designation at any time by giving notice to the territorial authority in the manner prescribed by regulations.
(2)
The notice must include the designating authority’s reasons for the withdrawal.
(3)
A territorial authority that receives a notice under this clause must,—
(a)
without using the process in this schedule, amend the proposed plan to reflect the withdrawal; and
(b)
publish a notice of the withdrawal in the manner prescribed by regulations.
(4)
To avoid doubt, a designating authority that is the territorial authority may issue a notice under this clause to itself.
Compare: 1991 No 69 Schedule 1 cls 4(9), (10), 8D
Variations and other amendments to proposed plan
41 Variations to proposed plans
(1)
A local authority may amend a proposed plan (other than under clause 43) by initiating a variation to that proposed plan.
(2)
(3)
On the date on which a variation reaches the same procedural stage as the proposed plan to which it relates,—
(a)
the local authority must amend the proposed plan to incorporate the variation; and
(b)
the variation ceases to be a separate instrument.
(4)
Subclause (5) applies for the following purposes:
(a)
any application for a planning consent (for the purposes of this Act) or natural resource permit (for the purposes of the Natural Environment Act 2026):
(b)
any proposed designation (for the purposes of this Act only):
(c)
any enforcement matter (for the purposes of both Acts).
(5)
On and from the date on which a variation is notified for submissions, a proposed plan must be treated as if it had been amended in accordance with the variation.
42 Submissions and appeals relating to provisions replaced by variation
(1)
A submission made on a provision of a proposed plan must be treated as if it were also a submission made on any provision of a variation that is to replace the provision of the proposed plan.
(2)
However, subclause (1) applies only if the submission was made before the variation was notified for submissions.
(3)
An appeal against any provision of a proposed plan must be treated as if it were also an appeal against any provision of a variation that is to replace the provision of the proposed plan.
(4)
However, subclause (3) applies only if the appeal was made before the variation reaches the stage where appeals may be made.
Compare: 1991 No 69 Schedule 1 cl 16A(1)
43 Amendments to proposed plan where directed, and minor amendments
(1)
A local authority must, without using the process in this schedule, amend a proposed plan as directed by—
(a)
national standards under section 61(2) of this Act (for a proposed land use plan) or section 88(2) of the Natural Environment Act 2026 (for a proposed natural environment plan); or
(b)
the Environment Court under clause 46 of Schedule 9.
(2)
A local authority may, without using the process in this schedule, amend a proposed plan to—
(a)
alter any information in a way that has a minor effect; or
(b)
correct any minor error.
Compare: 1991 No 69 Schedule 1 cl 16
Making proposed plan operative
44 When proposed plan becomes operative
(1)
A proposed plan becomes operative at a date (the operative date) specified by the local authority in a notice published in the manner prescribed by regulations.
(2)
A local authority must not make a proposed plan operative unless—
(a)
it has made the amendments (if any) that are directed under section 62 of this Act or section 89 of the Natural Environment Act 2026 (which relate to amendments directed by national standards); and
(b)
it has made the amendments (if any) that are directed under clause 46 of Schedule 9 (which relates to orders of the Environment Court to change proposed plans after hearing an appeal); and
(c)
if the local authority initiated a variation in relation to the provision,—
(i)
the variation has been incorporated into the proposed plan under clause 41(3); or
(ii)
the local authority has given notice under clause 46 that the variation will be converted into a plan change; or
(iii)
the variation has been withdrawn.
(3)
A local authority may (but is not required to) make part of a proposed plan operative if—
(a)
all submissions, further submissions, and appeals relating to that part of the proposed plan have been disposed of; and
(b)
subclause (2) is satisfied in relation to that part of the proposed plan.
(4)
The local authority must publish the notice at least 5 working days before the operative date.
45 Effect of provision becoming operative
46 Local authority may convert variation into plan change
(1)
This clause applies if—
(a)
a local authority has initiated a variation in relation to 1 or more provisions of a proposed plan (the relevant provisions); and
(b)
the variation has not yet been incorporated into the proposed plan under clause 41(3); and
(c)
the local authority wants to make the relevant provisions operative before the variation becomes operative.
(2)
The local authority may give notice, in the manner prescribed by regulations, that the variation will be converted into a plan change when the relevant provisions become operative.
(3)
If notice is given, on and from the date on which the relevant provisions become operative, the variation must be treated as if it were a plan change to the relevant provisions.
Compare: 1991 No 69 Schedule 1 cl 17(1A), (1B)
Amending operative plan without plan change
47 Amending operative plan without plan change
(1)
A local authority may, without using the process in this schedule, amend a land use plan to alter any mapped spatial information if—
(a)
the alteration has no more than a minor effect; and
(b)
the local authority is satisfied that no person is adversely affected by the alteration.
(2)
A territorial authority may, without using the process in this schedule, amend a land use plan to change the spatial application of any provisions in respect of land that has been vested in a territorial authority for a public purpose as the result of a subdivision if the territorial authority is satisfied that the change is appropriate for the purpose for which the land was vested.
(3)
A regional council may, without using the process in this schedule, amend a natural environment plan to prescribe an aquaculture area in accordance with section 120 of the Natural Environment Act 2026 to reflect any new aquaculture settlement area that is notified under section 12 of the Maori Commercial Aquaculture Claims Settlement Act 2004.
(4)
A regional council must, without using the process in this schedule, amend a natural environment plan to alter the boundaries of an aquaculture area that has been included in the plan to reflect any space that is added or removed from an aquaculture settlement area by notice under section 12 of the Maori Commercial Aquaculture Claims Settlement Act 2004.
(5)
A local authority may, without using the process in this schedule, amend a plan to—
(a)
alter any information (other than information to which subclauses (1) to (4) apply) if the alteration has no more than a minor effect; or
(b)
correct any minor error.
(6)
A local authority must publish (in the manner prescribed by regulations) a notice of any amendments made under this clause no later than 5 working days after making the amendments.
(7)
In this clause, land that has been vested in the territorial authority for a public purpose includes land vested in the territorial authority for the purposes of—
(a)
a road; or
(b)
a reserve (including an esplanade reserve).
Compare: 1991 No 69 Schedule 1 cl 20A
Part 2 Change requests and private plan changes
48 Request for change to plan
A person (other than the local authority) may, in the manner prescribed by regulations, request a change to a plan (a change request).
49 Joint change request and application to exchange recreation reserve land
(1)
A change request may be made jointly with an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977 if the local authority—
(a)
is also the administering body in which the recreation reserve land is vested; and
(b)
agrees that the change request and application may be made jointly.
(2)
If a joint change request and application is made, the application to exchange recreation reserve land must be—
(a)
processed, with the change request, in accordance with this Part; and
(b)
decided under section 15AA of the Reserves Act 1977.
(3)
However, the following provisions do not apply in relation to the application to exchange recreation reserve land:
(a)
clauses 27 to 38 (which relate to panel recommendations, council decisions, and appeals, and which would otherwise be applied by clause 54(3) or 55(3)):
(b)
clauses 52 and 55(6) and (8) (which relate to applications to the Planning Tribunal and appeals to the Environment Court).
50 How local authority deals with change request
(1)
A local authority—
(a)
may ask for more information on a change request in the manner prescribed by regulations; and
(b)
may commission a report on the change request in the manner prescribed by regulations; and
(c)
must otherwise deal with the change request in the manner prescribed by regulations.
(2)
A local authority may modify a change request if the requester agrees.
51 Local authority must decide if and how plan change will proceed
(1)
A local authority that receives a change request must decide to do 1 or more of the following:
(a)
adopt all or part of the change request as its own plan change (see clause 54):
(b)
process all or part of the change request as a private plan change (see clause 55):
(c)
process all or part of the change request under—
(i)
Part 4 of this Act as if it were an application for a planning consent (for a change request to a land use plan); or
(ii)
Part 4 of the Natural Environment Act 2026 as if it were an application for a natural resource permit (for a change request to a natural environment plan).
(2)
The local authority must—
(a)
make its decision within the time frame prescribed in regulations; and
(b)
notify the requester of its decision in the manner prescribed by regulations.
Compare: 1991 No 69 Schedule 1 cl 25
52 Requester may seek review of decision on process
(1)
A requester may apply to the Planning Tribunal for a review of any of the following decisions of a local authority:
(a)
a decision under clause 51(1)(a) to adopt, in part only, a change request as the local authority’s own plan change:
(b)
a decision under clause 51(1)(b) to process, in part only, a change request as a private plan change:
(c)
a decision under clause 51(1)(c) to process all or part of a change request as an application for a planning consent or natural resource permit.
(2)
An application for review under this section must—
(a)
be lodged within the time frame prescribed by regulations; and
(b)
contain the information prescribed by regulations; and
(c)
be served in the manner prescribed by regulations.
Compare: 1991 No 69 Schedule 1 cl 27
53 Withdrawing change request
A requester or the local authority may withdraw a change request in the manner prescribed by regulations.
Compare: 1991 No 69 Schedule 1 cl 28
54 Process if local authority adopts requested plan change as its own
(1)
This clause applies if a local authority decides (under clause 51(1)(a)) to adopt all or part of a change request as its own plan change.
(2)
The local authority must, no later than 4 months after deciding to adopt the request, notify the adopted plan change or part of the plan change for submissions.
(3)
(4)
To avoid doubt, clauses 5 to 14 of this schedule do not apply to a plan change adopted by a local authority.
Compare: 1991 No 69 Schedule 1 cl 25(2)(a)
55 Process for private plan change
(1)
This clause applies if a local authority decides (under clause 51(1)(b)) to process all or part of a change request as a private plan change.
(2)
The local authority must notify the requested plan change or part of the plan change for submissions—
(a)
no later than 4 months after deciding to process the request as a private plan change; or
(b)
within any time frame directed by the Planning Tribunal after considering an application for review under clause 52.
(3)
Clauses 15 to 39 and 43 to 46 and Part 4 of this schedule apply to the private plan change,—
(a)
with all necessary modifications, as if a reference to a plan change (including a reference to a proposed plan that includes a plan change) were a reference to the private plan change; and
(b)
with the modifications set out in subclauses (4) to (8).
(4)
The local authority must send copies of all submissions and further submissions on the private plan change to the requester.
(5)
The requester has a right to appear at—
(a)
any hearing before the independent hearings panel; and
(b)
any hearing on an appeal against the private plan change.
(6)
The local authority must advise the requester in writing where an electronic copy of the notice of the local authority’s decisions on the private plan change can be found.
(7)
If the local authority’s decision on the private plan change is subject to the grant of an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977, the local authority must advise the requester that—
(a)
the private plan change is subject to a decision by the administering body on the application to exchange the recreation reserve land; and
(b)
the decision on the exchange will be made under the Reserves Act 1977 after the applicable appeal period under clause 32, 33, or 34 has expired and any appeals have been determined or withdrawn.
(8)
(9)
A provision (including a rule) in a private plan change has legal effect on and from the date on which the provision becomes operative under clause 44.
(10)
To avoid doubt, clauses 5 to 14 and Part 3 of this schedule do not apply to a private plan change.
Compare: 1991 No 69 Schedule 1 cl 29
Part 3 Legal effect of rules in proposed plan
56 What this Part does
(1)
This Part specifies when a rule in a proposed plan has legal effect.
(2)
This Part—
(a)
does not apply to objectives, policies, environmental limits (including target dates), designations, a relief framework, or methods in a proposed plan (all being provisions other than rules); and
(b)
does not limit or affect the weight that a consent authority (under this Act) or a permit authority (under the Natural Environment Act 2026) gives to the provisions described in paragraph (a) before the proposed plan becomes operative.
Compare: 1991 No 69 s 86A
57 When rules in proposed plan have legal effect
(1)
A rule in a proposed plan has legal effect on and from the date on which the local authority publishes its decision on the independent hearings panel’s recommendation on the rule in accordance with clause 28.
(2)
Subclause (1) applies except as otherwise specified by subclause (3), (4), (5), or (7).
(3)
A rule in a proposed plan that is notified for public submissions has immediate legal effect if—
(a)
a national standard provides that the rule will have immediate legal effect; or
(b)
for a proposed land use plan, the rule does either or both of the following:
(i)
protects significant historic heritage:
(ii)
relates to natural hazards; or
(c)
for a proposed natural environment plan, the rule does 1 or more of the following:
(i)
protects or relates to water, air, or soil (for soil conservation):
(ii)
protects areas of significant indigenous vegetation:
(iii)
protects areas of significant habitats of indigenous fauna:
(iv)
provides for or relates to aquaculture activities:
(v)
relates to natural hazards.
(4)
A rule in a proposed plan has legal effect on and from a date specified in an order of the Environment Court in accordance with clause 58.
(5)
A rule in a proposed plan has legal effect on and from the date the rule becomes operative if—
(a)
a national standard provides that the rule will have legal effect only when it becomes operative; or
(b)
the local authority decides that the rule will have legal effect only when it becomes operative.
(6)
However, subclause (5)(b) applies only if—
(a)
the local authority makes the decision before notifying the proposed plan for public submissions; and
(b)
the notification includes the decision; and
(c)
the local authority does not rescind the decision (by publishing a notice in the prescribed manner that the decision is rescinded).
(7)
If a local authority rescinds a decision under subclause (6)(c), then the rule has legal effect on and from the later of—
(a)
the date that the local authority notifies its decision on the rule in accordance with clause 28; and
(b)
the day after the date of the notice under subclause (6)(c).
(8)
In this clause, immediate legal effect, in relation to a rule in a proposed plan, means the rule has legal effect on and from the date that the proposed plan is notified for public submissions.
58 Environment Court may order rule to have legal effect on alternative date
(1)
A local authority may apply to the Environment Court for a rule in a proposed plan to have legal effect from a date other than the date that applies under clause 57(1).
(2)
The local authority may make the application before or after the proposed plan is notified for submissions.
(3)
If the court grants the application,—
(a)
the order must specify the date from which the rule is to have legal effect, being a date no earlier than the later of—
(i)
the date on which the proposed plan is notified for submissions; and
(ii)
the date of the order; and
(b)
the rule has legal effect on and from the specified date.
(4)
However, the court must not make an order for a rule that—
(a)
has immediate legal effect under clause 57(3); or
(b)
has legal effect only when operative under clause 57(5)(a).
Compare: 1991 No 69 ss 86B(1)(b), 86D
59 Local authority must identify rules that have early or delayed legal effect
(1)
A local authority must include a note in a proposed plan clearly identifying any rule that has legal effect, or is to have legal effect, on and from one of the alternative dates under clause 57(3), (4), or (5).
(2)
The local authority must include the note—
(a)
when the proposed plan is notified for submissions; or
(b)
as soon as practicable after an order under clause 58 is determined, if the rule is subject to an order determined after the proposed plan is notified for submissions.
(3)
If the date from which a rule is to have legal effect changes as a result of a decision being rescinded under clause 57(6)(c), the local authority must update the note to reflect the new date as soon as practicable after giving the notice under clause 57(6)(c).
(4)
A note under this clause—
(a)
does not form part of the proposed plan; and
(b)
may be removed by the local authority, without using the process in this schedule, when the rule becomes operative.
Compare: 1991 No 69 s 86E
60 When rules in proposed plan must be treated as operative
(1)
A rule in a proposed plan that is notified for public submissions must be treated as operative (and any previous rule as inoperative) on and from—
(a)
the day after the period for making submissions ends, if no submissions in opposition to the rule have been made or all submissions in opposition are withdrawn before that date; or
(b)
the day after the date that the last of any submissions in opposition to the rule are withdrawn, if that occurs after the date in paragraph (a); or
(c)
the day after the period for making appeals ends, if no appeals have been lodged in relation to the rule; or
(d)
the day after the date on which the last of any appeals in relation to the rule are determined or withdrawn.
(2)
A rule in a proposed plan that is notified for targeted submissions must be treated as operative (and any previous rule as inoperative) on and from—
(a)
the date that the local authority publishes its decision on the panel’s recommendation on the rule under clause 28, if no submissions in opposition to the rule have been made or all submissions in opposition are withdrawn before that date; or
(b)
the day after the date that the last of any submissions in opposition to the rule are withdrawn, if that occurs after the date in paragraph (a); or
(c)
the day after the period for making appeals ends, if no appeals have been lodged in relation to the rule; or
(d)
the day after the date on which the last of any appeals in relation to the rule are determined or withdrawn.
Compare: 1991 No 69 s 86F
Part 4 Regulatory relief
61 Purpose
The purpose of this Part is to provide a mechanism for relief to be granted if a specified rule in a plan has a significant adverse impact on the reasonable use of land.
62 Interpretation
In this Part, unless the context otherwise requires,—
prescribed criteria means criteria prescribed in national instruments or regulations
reasonable use in relation to land,—
(a)
in the case of a natural environment plan, includes the use or potential use of land for any activity where the actual or potential effects on any natural resource or on any person (other than the person who owns the land) would not be significant; and
(b)
in the case of a land use plan, includes the use or potential use of land for any activity where the actual or potential effects on any land use or on any person (other than the person who owns the land) would not be significant
specified rule means a rule on a specified topic.
63 Duty to consider impact of specified rules proposed in plan
(1)
When preparing or deciding a proposed plan or private plan change that contains 1 or more specified rules, a local authority—
(a)
must consider the impact of the proposed specified rule or rules on the reasonable use of land; but
(b)
is not required to consider the impact of a proposed specified rule that is substantially similar to a specified rule in the operative plan.
(2)
The duty described in subclause (1) does not apply to—
(a)
the use of land that is publicly owned; or
(b)
the private use of public land; or
(c)
the coastal marine area except for privately owned land.
(3)
A local authority must comply with this clause when preparing a plan under clause 4.
64 When requirements in clauses 65 to 69 must be complied with
A local authority must comply with clauses 65 to 69 before consulting on the subject matter of the proposed plan under clause 5.
Preparation of relief framework
65 Duty to prepare relief framework in proposed plan
(1)
A local authority must include a relief framework in its proposed plan if it considers, after taking into account any prescribed criteria, that—
(a)
a specified rule in its proposed plan is reasonably likely to have a significant adverse impact on the reasonable use of land; or
(b)
2 or more specified rules in its proposed plan are reasonably likely to collectively have a significant adverse impact on the reasonable use of the same land.
(2)
The local authority—
(a)
must develop the relief framework in accordance with the requirements in this Part and any requirements in national instruments and regulations; and
(b)
may develop more than 1 relief framework; and
(c)
must include the relief framework (or frameworks) in the proposed plan when it is notified for submissions.
(3)
The requirements in regulations referred to in subclause (2) may include methodologies for the purpose of—
(a)
defining levels of impact within a relief framework; and
(b)
classifying types of impact; and
(c)
setting the types of relief available for different types and levels of impact; and
(d)
identifying impacted land owners.
66 Assessment of significance of impacts
(1)
When developing a relief framework as required by clause 65, a local authority must carry out a general assessment of the impacts of a specified rule or rules to determine whether there are significant adverse impacts on the reasonable use of land.
(2)
A local authority must assess the significance of the impacts by considering—
(a)
the extent to which the specified rule—
(i)
restricts or removes development potential; and
(ii)
imposes obligations for the protection, restoration, or non-use of land; and
(iii)
creates compliance costs or regulatory constraints that affect the reasonable use of land; and
(iv)
affects land value; and
(b)
prescribed criteria that apply when assessing the impact of 2 or more specified rules on the same land; and
(c)
any other matters required by national instruments or regulations.
67 Considerations for developing relief framework
(1)
This clause applies to a local authority when preparing or deciding a proposed plan or private plan change for which a relief framework is required by clause 65.
(2)
A local authority must carry out a general assessment of relief in which—
(a)
similar impacts are treated the same way; and
(b)
relief can be adjusted to the scale of the impact.
(3)
Relief provided in a relief framework is not required—
(a)
to be provided on an equivalent basis; or
(b)
to fully address any significant adverse impact of any specified rule.
(4)
A relief framework must—
(a)
include criteria for assessing impacts; and
(b)
provide for how eligibility for relief is determined; and
(c)
state the nature of relief available; and
(d)
include any other matter required by national instruments or regulations.
68 How relief framework must provide for impacts
A relief framework prepared by a local authority must—
(a)
identify both the types and levels of impact that a local authority considers are reasonably likely to occur as informed by the assessment carried out under clause 66; and
(b)
identify, in accordance with any prescribed criteria, what constitutes a significant adverse impact on the reasonable use of land; and
(c)
specify criteria for grouping similar impacts based on the type or level of impact; and
(d)
provide for how relief is to be made available (see clause 69); and
(e)
include any other matter required by national instruments or regulations.
69 Types of relief under relief framework
A relief framework may, without limitation, include any of the following types of relief available to an eligible person:
(a)
monetary payment:
(b)
waiving or reducing local government rates or fees for an application for a planning consent or natural resource permit:
(c)
granting additional development rights elsewhere on the person’s land or on other land that they own:
(d)
offering alternative parcels of land in exchange for the person’s land:
(e)
providing access to targeted grant programmes, restoration, fencing, planting, or other mitigation activities.
Implementation of relief framework
70 Eligibility for relief
(1)
A person is eligible for relief under a relief framework in a plan only if they own land to which the relief framework applies and they own that land when the plan is made operative.
(2)
A person who makes a change request is not eligible for relief as a result of any plan change or private plan change from that request.
(3)
A person is not eligible for relief if—
(a)
they make a submission on a proposed plan or plan change requesting or supporting amendments that a specified rule apply to land that is or includes land that they own; and
(b)
the plan is amended so that the specified rule applies to that land.
(4)
Subclause (3) does not prevent a person from being eligible for relief in respect of other land that the person owns and to which their submission does not relate.
(5)
If a person has received voluntary incentives provided in a plan in respect of land that they own, the person—
(a)
is not eligible for relief in respect of that land under a relief framework in the same plan; but
(b)
is not prevented from being eligible for relief in respect of other land that they own and to which a relief framework in the plan applies.
(6)
A person who received relief under a relief framework in a plan in respect of land is not eligible for relief under a relief framework in a subsequent plan in respect of the same land unless the impact of the specified rule or rules on the reasonable use of land is substantially worse.
(7)
This clause does not prevent a person from being eligible for relief if the relief framework provides for relief to be granted where the impact is less than a significant adverse impact on the reasonable use of land.
(8)
In subclause (5), voluntary incentives means incentives provided under section 113 of this Act or section 117 of the Natural Environment Act 2026 (as applicable).
(9)
See clause 74 of Schedule 1.
71 Relief to be provided to eligible persons
A local authority must provide an eligible person with the relief to which they are entitled under the relief framework.
72 Duty to implement relief framework
(1)
A local authority must implement the relief framework—
(a)
as soon as is reasonably practicable after its plan is made operative; and
(b)
if a specified rule that has a significant adverse impact on the reasonable use of land is included in the plan as a result of a private plan change or plan change, as soon as is reasonably practicable after that rule becomes operative.
(2)
The local authority must—
(a)
carry out a relief assessment by—
(i)
identifying land in respect of which any specified rule or rules have a significant adverse impact; and
(ii)
assessing the impacts on the land at a site-specific level in accordance with clause 66(2); and
(iii)
applying the relief framework to the land; and
(b)
notify eligible persons of the results of the assessment.
(3)
In carrying out a relief assessment, the local authority—
(a)
must—
(i)
treat similar impacts in the same way; and
(ii)
adjust the relief to be provided in accordance with the scale of the impact; but
(b)
is not required to provide relief on an equivalent basis nor fully address any significant adverse impact of any specified rule.
(4)
A notice to an eligible person must state—
(a)
the reasons why the land was identified for relief; and
(b)
how the relief framework was applied to the land; and
(c)
the relief available to the person; and
(d)
how the requirements in subclause (3) were met; and
(e)
the dispute resolution processes available to the person under this Act.
(5)
The local authority must, as soon as practicable after carrying out its relief assessment, give public notice on its internet site that—
(a)
the relief assessment has been carried out; and
(b)
notices under this section will be sent to eligible persons (if any).
(6)
A notice under this clause must comply with any requirements prescribed by regulations.
73 Person may decline relief
(1)
A person who receives a notice of a relief assessment under clause 72(2) may decline the relief set out in the relief assessment by notifying the local authority in accordance with requirements prescribed by regulations.
(2)
If a person’s decision to decline relief is made in accordance with the prescribed requirements, a local authority may, for the purposes of clause 70(6), treat the person as if they had received relief.
Review of relief decision
74 Review of decision where relief notice received
(1)
If a person who receives notice of a relief assessment under clause 72(2) considers there are errors in the local authority’s application of the relief framework to their land, the person—
(a)
may apply to the local authority for a review of the relief assessment within 30 working days after receiving the notice; and
(b)
must identify those errors in their application.
(2)
A review under this clause is limited to an assessment of—
(a)
the applicant’s land; and
(b)
the type and level of impact of any specified rule or rules on the land; and
(c)
the relief that the applicant is eligible to receive under the relief framework in respect of the land.
75 Review of decision if relief notice not received
(1)
A person may apply to the local authority for a review of its decision in applying the relief framework (after having carried out the relief assessment under clause 72(2)) if the person—
(a)
is eligible, in accordance with clause 70, for relief under the relief framework; and
(b)
has not received a relief notice.
(2)
An application for a review under this clause must—
(a)
be made no later than 30 working days after the public notice made under clause 72; and
(b)
set out the relief that the person considers they are entitled to under the relief framework; and
(c)
include reasons and supporting evidence, sufficient to enable the application to be determined on the papers.
(3)
A review under this clause is limited to an assessment of—
(a)
the applicant’s expectation of relief under the relief framework as set out in their application; and
(b)
the application of the relief framework to the applicant’s land.
76 How application for review must be considered
(1)
(2)
The local authority must—
(a)
consider the application and all material provided with it; and
(b)
carry out a new relief assessment in light of the new information; and
(c)
consider, in light of that information, whether—
(i)
its original assessment of the types of impact and levels of the impact was carried out in accordance with the relief framework and the requirements of this Part; or
(ii)
an alternative relief mechanism set out in the plan is more appropriate.
(3)
The local authority must—
(a)
decide the application within 15 working days; and
(b)
provide its decision to the applicant in writing and give reasons; and
(c)
if applicable, update the relief notice and provide it to the applicant.
(4)
If further information is requested under clause 77, the time frame in subclause (3)(a) is subject to any excluded time period prescribed by regulations.
(5)
The applicant has a right of review to the Planning Tribunal against the local authority’s decision under this clause.
77 Requests for further information
A local authority may, in accordance with any prescribed requirements,—
(b)
require the information to be provided within a specified time; and
(c)
dismiss an application if the information is not provided within the specified time.
78 Review of decisions granting regulatory relief
(1)
The Planning Tribunal may review an application lodged under clause 76(5) against a local authority’s decision in considering an application under clause 74 or 75.
(2)
The purpose of the tribunal’s review under subclause (1) is to determine whether the local authority—
(a)
correctly assessed the impact of the specified rule or rules; and
(b)
correctly applied the relief framework in the plan to the relevant land.
(3)
If the tribunal concludes that the local authority did not correctly apply its relief framework, the tribunal may determine that an alternative relief mechanism set out in the plan is more appropriate for the land.
Schedule 4 Independent hearings panels
How panel is appointed
1 Application and interpretation
(1)
This schedule sets out provisions that apply in relation to independent hearings panels for—
(a)
draft regional spatial plans under this Act (see clause 20 of Schedule 2); and
(b)
proposed land use plans and private plan changes under this Act (see section 100 and clause 23 of Schedule 3); and
(c)
proposed natural environment plans and private plan changes under the Natural Environment Act 2026 (see section 103 of that Act and clause 23 of Schedule 3 of this Act).
(2)
The provisions in this schedule apply in relation to all of the instruments listed in subclause (1), except where a provision indicates that it applies to a particular type of instrument or instruments.
(3)
(4)
When this schedule is applied for the purposes of the Natural Environment Act 2026, unless the context otherwise requires, a term used in this schedule that is defined in section 3 of the Natural Environment Act 2026 has the meaning given in section 3 of that Act.
Example
(5)
In this schedule, unless the context otherwise requires,—
central government appointee, in relation to an independent hearings panel, means a member of that panel appointed by the Minister under clause 5
local authority,—
(a)
in relation to a regional spatial plan or draft regional spatial plan under this Act, means a local authority (as that term is defined in section 3 of this Act) that is jointly responsible for the regional spatial plan; and
(b)
in relation to a land use plan or proposed land use plan under this Act, means the local authority (as that term is defined in section 3 of this Act) that is responsible for the land use plan; and
(c)
in relation to a natural environment plan or proposed land use plan under the Natural Environment Act 2026, means the regional council (as that term is defined in section 3 of that Act) that is responsible for the natural environment plan
2 Direction on skills, experience, or qualifications of panel members
(1)
The Minister may issue a direction on the skills, experience, or qualifications that members of an independent hearings panel must collectively hold.
(2)
A direction 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 | The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 | LA19 s 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. | ||||
3 Appointing panel to draft regional spatial plan
(1)
The local authorities of a region must, as soon as is reasonably practicable after approving a draft regional spatial plan for notification, appoint an independent hearings panel for the draft regional spatial plan.
(2)
The local authorities must appoint the panel jointly, in accordance with clause 6.
(3)
The local authorities must appoint a panel whose membership (together with any central government appointees) collectively—
(a)
meets the experience and qualification requirements directed under clause 2; and
(b)
reflects the expertise required for the matters being considered.
4 Appointing panel to proposed plan
(1)
A local authority must, as soon as is reasonably practicable after notifying a proposed plan or private plan change for submissions, appoint an independent hearings panel for the proposed plan or private plan change.
(2)
(3)
The local authority must appoint a panel whose membership (together with any central government appointees) collectively meets the experience and qualification requirements directed under clause 2.
5 Minister may appoint members of panel
(1)
The Minister may appoint 1 or more persons as members of any independent hearings panel for a draft regional spatial plan, proposed plan, or private plan change.
(2)
The Minister must make any appointment under subclause (1) as soon as is reasonably practicable after—
(a)
the draft regional spatial plan is approved for notification; or
(b)
the proposed plan or private plan change is notified for submissions.
(3)
The number of central government appointees on a panel must not exceed the number of local authority appointees.
6 Jointly appointed panel
(1)
To appoint an independent hearings panel jointly, the relevant local authorities must agree on the following:
(a)
the number of local authority appointees:
(b)
the persons to be appointed as local authority appointees, or a process to appoint those members:
(c)
the remuneration and expenses to be paid to the local authority appointees:
(d)
how the local authorities will provide administrative and specialist support to the panel that is sufficient to enable it to carry out its functions within the applicable time frames:
(e)
how any costs of the panel that the local authorities are jointly responsible for will be shared among the local authorities.
(2)
The local authorities must appoint a chairperson of the panel in accordance with any requirements prescribed by regulations made under section 325.
(3)
If local authorities are unable to agree on any of the matters set out in subclause (1) or (2), they must, within the time frame prescribed by regulations, advise the Minister that a decision is required on the matter.
(4)
The Minister must appoint an independent person to determine the matter.
(5)
The local authorities, and the independent person, must comply with any procedural requirements relating to dispute resolution that are prescribed by regulations for the purposes of this clause.
(6)
A determination is binding on the local authorities.
7 Panel appointed by local authority
(1)
To appoint an independent hearings panel on its own, a local authority must decide the following:
(a)
the number of local authority appointees:
(b)
the persons to be appointed as local authority appointees:
(c)
the remuneration and expenses to be paid to the local authority appointees:
(d)
how the territorial authority will provide administrative and specialist support for the panel that is sufficient to enable it to carry out its functions within the statutory time frames.
(2)
The local authority must appoint a chairperson of the panel in accordance with any requirements prescribed by regulations made under section 325.
8 Elected members ineligible as panel member
An elected member of a local authority must not be appointed as a member of an independent hearings panel.
Powers and duties of panel
9 Powers and duties of panel, protection from liability
(1)
An independent hearings panel—
(a)
has any powers and duties relating to control of hearings that are prescribed in regulations made under section 325; and
(b)
otherwise, may regulate its own proceedings.
(2)
A member of an independent hearings panel is not liable for anything the member does, or omits to do, in good faith in performing the functions or duties, or exercising the powers, of a panel.
Funding of panel
10 Funding of panel and related activities
(1)
If an independent hearings panel is appointed for an instrument or instruments of more than 1 local authority, those local authorities are jointly responsible for all costs incurred by the panel and for the activities related to the performance or exercise of the panel’s functions and powers under this Act or the Natural Environment Act 2026.
(2)
If an independent hearings panel is appointed solely for an instrument or instruments of a single local authority, that local authority is responsible for all costs incurred by the panel and for the activities related to the performance or exercise of the panel’s functions and powers under this Act or the Natural Environment Act 2026.
(3)
Without limiting subclauses (1) and (2), the local authorities jointly are, or the single local authority (as the case requires) is, responsible for—
(a)
the remuneration and expenses of the local authority members of the panel and any central government member of the panel; and
(b)
the administrative costs of each hearing session; and
(c)
the remuneration of any expert, mediator, other dispute resolution facilitator, or any other person whose services are engaged by the panel under this Act or the Natural Environment Act 2026 (as the case requires); and
(d)
the allowances payable to any witness called by the panel; and
(e)
the costs of any special advisor or friend of submitter appointed by the panel; and
(f)
the costs of administrative and secretarial support services to the panel.
(4)
(5)
Each central government appointee must be paid—
(a)
remuneration by way of salary, fees, or allowances at a rate determined by the Minister; and
(b)
actual and reasonable travelling and other expenses incurred in carrying out their office in accordance with the Fees and Travelling Allowances Act 1951, and that Act applies as if the members were members of a statutory Board within the meaning of that Act.
(6)
In this clause, instrument means—
(a)
a draft regional spatial plan; or
(b)
a proposed plan; or
(c)
a private plan change.
Compare: 1991 No 69 Schedule 1 cl 63
Schedule 5 Designations
Contents
1 Interpretation
In this schedule, unless the context otherwise requires,—
construction project plan means the plan required for a designation under Part 5 of this schedule
core infrastructure operation and core infrastructure operator have the meanings given in clause 9
designating authority has the meaning given in clause 8(1)
designation has the meaning given in clause 3
designation footprint, in relation to a designation or proposed designation, means the area subject to the designation or proposed designation
earlier designation has the meaning given in clause 6(4)
eligible infrastructure has the same meaning as in section 8 of the Infrastructure Funding and Financing Act 2020
later designation has the meaning given in clause 6(4)
project includes a work
proposed designation—
(a)
means a proposal for a designation that has been—
(i)
notified by a designating authority under clause 13 of this schedule; or
(ii)
provided to a spatial plan committee under clause 36(2) of this schedule; or
(iii)
included in a proposed land use plan under clause 9(1)(a) of Schedule 3; and
(b)
includes—
(i)
a designation that is included in a proposed land use plan with modifications under clause 7(5)(a) or 9(1)(b) of Schedule 3; and
(ii)
a proposed alteration to a designation in accordance with clause 47(2)(a) or 48(2)(a) of this schedule; but
(c)
does not include a proposed designation that has been incorporated into the relevant land use plan as a designation, cancelled, or withdrawn
recommending authority, in relation to a proposed designation, means the recommending authority under clause 24
responsible infrastructure authority has the same meaning as in section 7 of the Infrastructure Funding and Financing Act 2020
responsible SPV and SPV have the same meanings as in section 7 of the Infrastructure Funding and Financing Act 2020
submitter, in relation to a proposed designation, means a person who made a submission on that proposed designation.
2 Recognition of identified Māori land as taonga tuku iho
A person exercising a power or performing a function or duty under this Act relating to a designation or proposed designation that may affect identified Māori land must—
(a)
exercise that power, or perform that function or duty, in a manner that recognises that the identified Māori land is a taonga tuku iho for the owners of the land and the hapū associated with the land; and
(b)
in doing so, consider the rights and interests of owners of the identified Māori land to retain, control, use, and occupy the land for the benefit of present and future generations of owners, their whānau, and their hapū.
Compare: 2023 No 46 s 512
Part 1 Effect of designations and proposed designations
3 Meaning of designation
In this Act, unless the context otherwise requires, designation means a set of provisions in a land use plan relating to a project that—
(a)
(b)
do 1 or more of the following:
(i)
allow the use of land for the project (see section 21(1)(d) and clause 4(1)(a) of this schedule):
(ii)
protect land set aside for the project against anything that would prevent or hinder the project (see clause 4(1)(c)):
(iii)
restrict the use of any land, subsoil, airspace, or space occupied by water for the safe and efficient operation of the project (see clause 4(3)).
Compare: 1991 No 69 s 166
4 Effect of designation
(1)
If a designation is included in a land use plan,—
(a)
the designating authority may use land for a project in a way that contravenes a rule in a land use plan or a rule in a proposed land use plan that has legal effect if the use of land for the project is authorised by the designation; and
(b)
the designating authority may use land for a project in a way that contravenes a national rule if—
(i)
the use of land for the project is authorised by the designation; and
(ii)
section 46 provides that the designation prevails over, or is otherwise not required to comply with, the national rule; and
(2)
The actions restricted by subclause (1)(c) include—
(a)
using the land; and
(b)
changing the character, intensity, or scale of any use of the land; and
(c)
subdividing the land.
(3)
A person must not breach a restriction in a designation on the use of any land, subsoil, airspace, or space occupied by water that is subject to the designation.
(4)
The other provisions of a land use plan or proposed land use plan apply to the land that is subject to a designation only to the extent that the land is used for a purpose that is not the designated purpose.
(5)
In this clause, other provisions means the provisions in the land use plan or proposed land use plan other than the designation.
Compare: 1991 No 69 s 176
5 Effect of proposed designation
(1)
A person must not, during the period described in subclause (3), do anything in relation to land subject to a proposed designation that would prevent or hinder the project to which the proposed designation relates, unless the designating authority expressly approves it under clause 44.
(2)
The actions restricted by subclause (1) include—
(a)
using the land; and
(b)
changing the character, intensity, or scale of any use of the land; and
(c)
subdividing the land.
(3)
The period—
(a)
starts on the following date (as applicable):
(i)
(ii)
if the proposed designation is using the spatial planning process in Part 4 of this schedule, the date on which the designating authority provides the notice of the proposed designation to the spatial plan committee in accordance with clause 36(2)(b):
(iii)
if the proposed designation is a modified designation included in a proposed land use plan under clause 7(5)(a) of Schedule 3, the date of the designating authority’s response under clause 7(4) of that schedule:
(iv)
if the proposed designation is included in a proposed land use plan under clause 9(1)(a) or (b) of Schedule 3, the date on which the territorial authority decides to include the proposed designation in its proposed plan under that clause:
(b)
ends on the earliest of the following:
(i)
the date on which the proposed designation is included in the relevant land use plan as a designation:
(ii)
the date on which the proposed designation is cancelled:
(iii)
the date on which the proposed designation is withdrawn.
(4)
If the proposed designation applies to land subject to a designation held by another designating authority, subclause (1) does not apply to anything done by the other designating authority on the overlapping land in accordance with that designation.
(5)
A person who contravenes subclause (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 proposed designation.
Compare: 1991 No 69 s 178
6 Earlier and later designations
(1)
This clause applies if the same area of land is subject to 2 or more overlapping designations held by different designating authorities.
Designating authority that holds earlier designation may exercise designation without seeking approval
(2)
Despite clause 4(1)(c), a designating authority that holds an earlier designation—
(a)
may do anything authorised by that earlier designation on the area of land; and
(b)
is not required to seek the approval of a designating authority that holds any later designation.
Designating authority that holds later designation must seek approval
(3)
A designating authority that holds a later designation must not do anything authorised by the later designation on the area of land that would prevent or hinder the project to which an earlier designation relates, unless expressly authorised by an approval granted under clause 45 from the designating authority that holds the earlier designation.
(4)
In this schedule,—
earlier designation, in relation to any other designation on the same area of land, means a designation that began to apply to that area before the other designation (even if the conditions of that designation have been altered after the other designation applied to the area)
later designation, in relation to any other designation on the same area of land, means a designation that began to apply to that area after the other designation.
(5)
For the purposes of subclause (4),—
(a)
a designation begins to apply to an area when the designation—
(i)
is incorporated into the land use plan or a proposed land use plan under clause 32 or 37 of this schedule or clause 31(2) of Schedule 3 in relation to that area; or
(ii)
is altered to apply to that area, if it did not previously apply to that area; and
(b)
if 2 or more designations on an area of land are incorporated into a land use plan or proposed land use plan at the same time, the designations must be treated as having begun to apply to the area in the order in which the relevant designating authority did the following (as applicable to the designation):
(i)
gave notice of a proposed designation under clause 13(1):
(ii)
provided notice of a proposed designation to the spatial plan committee under clause 36(2)(b):
(iii)
published the information required under clause 9(2) of Schedule 3.
Compare: 1991 No 69 s 177
7 Designation may not authorise use of land in coastal marine area
A designation may not authorise the use of land in the coastal marine area for a project.
Part 2 Designating authorities
8 Designating authorities
(1)
Only the following persons (designating authorities) may propose or hold a designation:
(a)
a Minister of the Crown:
(b)
a local authority:
(c)
a water service provider as defined in section 4 of the Local Government (Water Services) Act 2025:
(d)
a core infrastructure operator approved as a designating authority under clause 10:
(e)
a person approved as a designating authority under clause 11.
(2)
A designating authority that is a Minister of the Crown may propose or hold a designation only for a project that is a public work that the Crown is financially responsible for.
(3)
A designating authority that is a local authority may propose or hold a designation only for a project that is—
(a)
a public work that the local authority is financially responsible for; or
(b)
the construction of eligible infrastructure—
(i)
that a responsible SPV or the local authority is financially responsible for; and
(ii)
for which the local authority is a responsible infrastructure authority.
(4)
A designating authority that is a person approved under clause 10 or 11 may propose or hold a designation only for a project that is within the scope of their approval.
(5)
In this clause,—
construction of eligible infrastructure includes any work that is required to facilitate the future construction of eligible infrastructure
public work has the same meaning as in section 2 of the Public Works Act 1981.
Compare: 1991 No 69 ss 166 (definitions of requiring authority and relates to the construction of eligible infrastructure), 168(1)–(3), 168A(1)
9 Meaning of core infrastructure operation and core infrastructure operator
In this schedule, unless the context otherwise requires,—
core infrastructure operation has a meaning that corresponds to the meaning of core infrastructure operator
core infrastructure 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)
radiocommunication 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, or storage and distribution, of water for the purpose of supply (including for the purpose of irrigation); or
(e)
undertakes or proposes to undertake a drainage or sewerage system (including a stormwater network); or
(f)
constructs or operates, or proposes to construct or operate, a road, railway line, cycleway, walkway, or similar facility (such as light rail, a busway, or a shared-use path); or
(g)
is—
(i)
an airport authority as defined in section 2(1) of the Airport Authorities Act 1966 for the purpose of operating an airport as defined in that section; or
(ii)
an airport operator as defined in section 5 of the Civil Aviation Act 2023 for the purpose of operating an aerodrome for which that operator is registered under that Act; or
(h)
operates—
(i)
an inland port (not contiguous with the coastal marine area) associated with a coastal port operated under the Port Companies Act 1988; or
(ii)
the landward operations of a seaward port operated under the Port Companies Act 1988; or
(iii)
Northport (being the port at Marsden Point) or any inland port associated with Northport; or
(i)
is Health New Zealand in relation to any health facilities that it operates or proposes to operate to meet its obligations under the Healthy Futures (Pae Ora) Act 2022; or
(j)
is the New Zealand School Property Agency in relation to any education property as defined in section 10 of the Education and Training Act 2020; or
(k)
operates or proposes to operate facilities for an emergency service (such as an ambulance or a fire service); or
(l)
is a responsible SPV that constructs or proposes to construct eligible infrastructure; or
(m)
undertakes or proposes to undertake any operation that is prescribed by regulations as a core infrastructure operation.
Compare: 1991 No 69 s 166 (definition of network utility operator)
10 Minister may approve core infrastructure operator as designating authority
(1)
A core infrastructure operator may apply to the Minister for approval as a designating authority in relation to—
(a)
a particular project; or
(b)
a particular core infrastructure operation.
(2)
An application must be made in the manner prescribed by regulations (if any).
(3)
The Minister must not grant approval unless satisfied that—
(a)
approving the core infrastructure operator is appropriate for the purposes of carrying out the project or core infrastructure operation; and
(b)
the core infrastructure operator is likely to—
(i)
satisfactorily carry out all the responsibilities (including the financial responsibilities) of a designating authority under this Act; and
(ii)
give appropriate regard to the interests of those affected and to the interests of the built environment.
(4)
However, if the core infrastructure operator is a responsible SPV seeking approval for a project that is the construction of eligible infrastructure, the core infrastructure operator need not have financial responsibility for the construction for the Minister to be satisfied of the matter in subclause (3)(b)(i).
(5)
The Minister may inquire into the application and request any information that the Minister considers necessary or desirable.
(6)
The Minister may grant approval subject to any conditions (including provision of a bond) that the Minister considers necessary or desirable.
(7)
The Minister must notify an approval (including any conditions) in the Gazette.
Compare: 1991 No 69 s 167(1)–(4A)
11 Minister may approve other infrastructure operators as designating authority
(1)
A person may apply to the Minister for approval as a designating authority for a particular project that is other infrastructure.
(2)
An application must be made in the manner prescribed by regulations (if any).
(3)
The Minister must not grant approval unless satisfied that—
(a)
the project would provide a significant public benefit; and
(b)
approving the applicant is appropriate for the purposes of carrying out the project; and
(c)
the applicant is likely to—
(i)
satisfactorily carry out all the responsibilities (including the financial responsibilities) of a designating authority under this Act; and
(ii)
give appropriate regard to the interests of those affected and to the interests of the built environment.
(4)
In deciding whether a project would provide a significant public benefit, the Minister must have regard to—
(a)
the extent to which the project benefits the public generally versus a small section of the public; and
(b)
the economic benefits of the project; and
(c)
the size and scale of the project.
(5)
A project is not precluded from having a significant public benefit just because the operator charges a fee for access or obtains a commercial benefit from it.
(6)
In deciding whether approving the applicant is appropriate for the purposes of carrying out the project, the Minister must have regard to—
(a)
the extent to which the project could be more appropriately progressed using another process provided by this Act (such as a plan change or a land use consent); and
(b)
the extent to which the size and scale of the project justifies a designation.
(7)
The Minister may inquire into the application and request any information that the Minister considers necessary or desirable.
(8)
The Minister may grant approval subject to any condition (including provision of a bond) that the Minister considers necessary or desirable.
(9)
The Minister must notify an approval (including any conditions) in the Gazette.
(10)
In this clause, other infrastructure means—
(a)
facilities used to process (including to refine) or store any of the following:
(i)
natural or manufactured gas:
(ii)
petroleum:
(iii)
biofuel:
(iv)
geothermal energy:
(b)
facilities used to generate electricity for supply, excluding any facility that a person uses primarily to generate electricity for their own use:
(c)
lines (and any associated facilities, including support structures for those lines) used or intended to be used to convey electricity, excluding any lines or associated facilities that a person uses primarily in connection with a facility to generate electricity for their own use:
(d)
facilities used to store electricity or other energy:
(e)
facilities used for loading or unloading cargo or passengers transported on land by any means:
(f)
an aerodrome as defined in section 5 of the Civil Aviation Act 2023:
(g)
a navigation installation as defined in section 5 of the Civil Aviation Act 2023:
(h)
facilities used for loading or unloading cargo or passengers carried by sea, including a port related commercial undertaking as defined in section 2(1) of the Port Companies Act 1988:
(i)
an education property, a registered school, or an institution as those terms are defined in section 10 of the Education and Training Act 2020:
(j)
facilities used for an emergency service (such as an ambulance or a fire service):
(k)
defence facilities operated by the New Zealand Defence Force for defence purposes under the Defence Act 1990:
(l)
a corrections prison as defined in section 3(1) of the Corrections Act 2004:
(m)
resource recovery facilities or waste disposal facilities, including privately operated facilities that are open to the public.
12 Revoking approval of designating authority
(1)
The Minister may revoke a designating authority’s approval if satisfied that—
(a)
the designating authority is unlikely to undertake or complete the project or core infrastructure operation for which they were approved as a designating authority; or
(b)
the designating authority is unlikely to satisfactorily carry out any of its responsibilities (including financial responsibilities) as a designating authority under this Act; or
(c)
if the designating authority was approved under clause 10, the designating authority is no longer a core infrastructure operator.
(2)
The Minister must notify a revocation in the Gazette.
(3)
On and from the date of a revocation, the Minister becomes the designating authority responsible for any designation or proposed designation held by the former designating authority.
(4)
The Minister may hold a designation transferred to them under this clause even if the Crown is not financially responsible for the project (as otherwise required by clause 8(2)).
Compare: 1991 No 69 s 167(5), (6)
Part 3 Securing designation
13 Notice of proposed designation
(1)
A designating authority may, at any time, give notice to a territorial authority of a proposed designation for a project.
(2)
A notice of a proposed designation must—
(a)
describe the nature of the project; and
(b)
describe the intended effect of the proposed designation in terms of clause 3(b); and
(c)
set out the boundaries of the designation footprint; and
(d)
set out any conditions that the designating authority proposes for the designation; and
(e)
include an assessment of the effects of confirming the designation described in clause 26(1)(d) and (e); and
(f)
include an assessment of the strategic need for the project and designation in the general location of the designation footprint; and
(g)
state whether, or the extent to which, the designating authority is seeking to incorporate the details of a construction project plan into the designation for the purposes of clause 38(2)(a); and
(h)
be given in the manner, and include any information, prescribed by regulations.
(3)
However, an assessment of strategic need under subclause (2)(f) is not required if—
(a)
a regional spatial plan identifies the project in a location consistent with the location of the designation footprint; or
(b)
the designating authority has an interest in the land sufficient for undertaking the project.
(4)
The assessment required by subclause (2)(e) must include an assessment of the proposed designation against any relevant provisions of—
(a)
a national instrument in accordance with section 14; and
(b)
the land use plan and any proposed land use plan.
(5)
The information in the assessment need only be at a level of detail that is proportionate to the nature and significance of any adverse effects of the project on the built environment.
(6)
A territorial authority that wants to secure a proposed designation (in its capacity as a designating authority) may issue a notice under this clause.
14 No duty under this Act to consult about proposed designation
The following apply to a designating authority that gives notice of a proposed designation under clause 13 and the relevant territorial authority:
(a)
neither has a duty under this Act to consult any person about the proposed designation:
(b)
each must comply with a duty under any other legislation to consult any person about the proposed designation:
(c)
each may consult any person about the proposed designation.
Compare: 1991 No 69 s 36A
15 Option to incorporate proposed designation into proposed land use plan
(1)
This clause applies if a territorial authority intends to notify a proposed land use plan for public submissions no later than 40 working days after receiving a notice of proposed designation under clause 13.
(2)
The territorial authority may, with the written consent of the designating authority, incorporate the proposed designation into the proposed plan to be considered through the process in Schedule 3 (see clause 8 of Schedule 3).
(3)
If the territorial authority incorporates the proposed designation into the proposed plan, this Part ceases to apply to the proposed designation.
Compare: 1991 No 69 s 170
Deciding whether to notify for submissions
16 Decision to notify for submissions
A territorial authority must, no later than 10 working days after receiving a notice of a proposed designation under clause 13,—
(a)
decide (in accordance with clauses 17 to 19) whether to notify the proposed designation for public submissions; and
(b)
if it does not notify it for public submissions, decide (in accordance with clause 20) whether to notify it for targeted submissions.
Compare: 1991 No 69 s 169(1)
17 Deciding whether to notify for public submissions
(1)
A territorial authority must notify a proposed designation for public submissions if—
(a)
the designating authority requests notification for public submissions; or
(b)
a national rule or a rule in a land use plan requires notification for public submissions; or
(c)
the territorial authority decides (under clause 19) that confirming the proposed designation will or is likely to have adverse effects on the built environment that are more than minor; or
(d)
clause 18 applies (which relates to a failure to respond to a request for information or agree to commission a report).
(2)
The territorial authority must not notify a proposed designation for public submissions if a national rule or a rule in a land use plan precludes notification for public submissions, unless—
(a)
the designating authority requests public notification; or
(b)
clause 18 applies.
(3)
The territorial authority must not notify a proposed designation for public submissions if an infrastructure design solution precludes notification for public submissions.
(4)
Subclauses (2) and (3) override subclause (1)(c).
Compare: 1991 No 69 ss 169(1)–(1C), 149ZCB
18 Public notification decision: failing to respond to information request or commission report
A territorial authority must notify a proposed designation for public submissions if—
(a)
the territorial authority has not already decided whether to notify the proposed designation for submissions; and
(b)
either—
(i)
the territorial authority requests further information from the designating authority under section 143 (as applied by clause 23), but the designating authority—
(A)
refuses to provide the information; or
(B)
does not provide it by the relevant deadline; or
(ii)
the territorial authority notifies the designating authority under section 144 (as applied by clause 23) that it wishes to commission a report, but the designating authority—
(A)
refuses to agree to commission the report; or
(B)
does not respond by the relevant deadline.
Compare: 1991 No 69 s 169(1A), (1B)
19 Public notification decision: determining if adverse effects on built environment are more than minor
In deciding whether confirming a proposed designation will or is likely to have adverse effects on the built environment that are more than minor, the territorial authority must disregard—
(a)
any effects on persons who own or occupy—
(i)
the land to which the designation will apply; or
(ii)
any land adjacent to that land; and
(b)
any effect on a person who has given written approval for the proposed designation; and
(c)
an adverse effect of the project if a national rule or a rule in a land use plan permits an activity with that adverse effect.
20 Deciding whether to notify for targeted submissions
(1)
If a territorial authority decides not to notify a proposed designation for public submissions, it must decide if there are any of the following in relation to the proposed designation:
(a)
an affected person (under clause 21):
(b)
an affected protected customary rights group (under clause 22(1)):
(c)
an affected customary marine title group (under clause 22(2)).
(2)
The territorial authority must notify the proposed designation for targeted submissions to any affected person, unless a national rule, a rule in a land use plan, or an infrastructure design solution precludes notification for targeted submissions.
(3)
The territorial authority must notify the proposed designation for targeted submissions to an affected protected customary rights group or an affected customary marine title group even if a national rule, a rule in a land use plan, or a rule in a proposed land use plan that has legal effect precludes notification for targeted submissions.
Compare: 1991 No 69 ss 149ZCC, 169(1), (1C)
21 Targeted notification decision: deciding if person is affected person
(1)
A territorial authority must decide that a person is an affected person in relation to a proposed designation if—
(a)
confirming the proposed designation will have adverse effects on the person that are more than minor; or
(b)
the person owns or occupies any land to which the proposed designation applies.
(2)
When making that decision, the territorial authority must—
(a)
have regard to every relevant statutory acknowledgement; and
(b)
disregard an adverse effect of confirming the designation on a person if a national rule or a rule in a land use plan permits an activity with that effect.
(3)
Despite subclauses (1) and (2), the territorial authority must decide that a person is not an affected person if—
(a)
the person has given, and not withdrawn, written approval for the proposed designation; or
(b)
it is unreasonable in the circumstances to seek the person’s written approval.
22 Targeted notification: affected protected customary rights groups and affected customary marine title groups
(1)
A territorial authority must decide that a protected customary rights group is an affected protected customary rights group in relation to a proposed designation in the protected customary rights area relevant to that group if—
(a)
confirming the proposed designation may have adverse effects on a protected customary right carried out in accordance with Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011; and
(b)
the protected customary rights group has not given, or has withdrawn, written approval for the proposed designation.
(2)
A territorial authority must decide that a customary marine title group is an affected customary marine title group in relation to a proposed designation that is an accommodated activity in the customary marine title area relevant to that group if—
(a)
confirming the proposed designation 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
(b)
the customary marine title group has not given, or has withdrawn, written approval for the proposed designation.
23 Requests for further information or reports, submissions, conferences, and mediation
(1)
Sections 143, 144, 145, 154, 155, 156, and 157 apply to a proposed designation being considered using the process under this Part. Those sections apply with all necessary modifications and as if a reference to—
(a)
an application for planning consent were a reference to the proposed designation; and
(b)
an applicant were a reference to the designating authority; and
(c)
a planning consent were a reference to a designation; and
(d)
a consent authority were a reference to a territorial authority; and
(e)
an activity were a reference to the project; and
(f)
an affected person under section 151 were a reference to an affected person under clause 21; and
(g)
a decision on an application for planning consent were a reference to a recommendation under clause 26.
(2)
A territorial authority must not request further information about a proposed designation in accordance with section 143 (as applied by this clause) unless also satisfied that the information—
(a)
is necessary for the territorial authority to understand the proposed designation (including the effects on the built environment of confirming the proposed designation); and
(b)
is not information that would be more appropriately provided and considered through a construction project plan.
Compare: 1991 No 69 ss 168A(2), 169(2)
24 Recommending authority
(1)
A territorial authority must appoint 1 or more independent hearings commissioners to be the recommending authority for a proposed designation if any of the following apply:
(a)
the territorial authority is the designating authority for the proposed designation:
(b)
the proposed designation is notified for public submissions:
(c)
if the proposed designation is notified for targeted submissions, the designating authority or a submitter requests no later than 5 working days after the close of submissions that 1 or more hearings commissioners be appointed.
(2)
A territorial authority may appoint 1 or more independent hearings commissioners to be the recommending authority for a proposed designation in any other case.
(3)
If the territorial authority does not appoint independent hearings commissioners, the territorial authority is the recommending authority.
(4)
In this clause, independent hearings commissioner means a hearings commissioner who is not a member of the territorial authority.
25 Obligation to hold hearing
(1)
A hearing must not be held in relation to a proposed designation unless—
(a)
the designating authority has requested a hearing; or
(b)
subclause (2) applies.
(2)
This subclause applies if—
(a)
a submitter has requested to be heard and has not subsequently advised that they do not wish to be heard; and
(b)
the recommending authority considers a hearing will be the most effective and efficient means to test the information, and any issues, related to the proposed designation; and
(c)
the parties have attended a conference or mediation under section 157 (as applied by clause 23), if the recommending authority considers a conference or mediation to be appropriate.
(3)
A hearing must be a joint hearing or a combined hearing in the circumstances prescribed by regulations.
(4)
A hearing (including a joint hearing or a combined hearing) must be conducted in the manner prescribed by regulations.
26 Recommendations on proposed designation
(1)
In considering a proposed designation and any submissions received, the recommending authority must have regard to—
(a)
the strategic need for the project and designation in the general location proposed; and
(b)
any relevant provisions of—
(i)
a national instrument in accordance with section 14; and
(ii)
the land use plan and any proposed land use plan; and
(iii)
an infrastructure design solution; and
(c)
whether confirming the designation would be consistent with the regional spatial plan; and
(d)
the following effects of confirming the designation:
(i)
any positive effect:
(ii)
any significant adverse effect on the built environment; and
(e)
any other adverse effect on the built environment of confirming the designation, but only if and to the extent that—
(i)
the recommending authority considers that effect cannot be appropriately managed through a construction project plan; or
(ii)
the designating authority is seeking to incorporate the details of a construction project plan into the designation for the purposes of clause 38(2)(a).
(2)
However, subclause (1)(a) does not apply if—
(a)
the relevant spatial plan identifies the project in a location consistent with the location of the designation footprint; or
(b)
the designating authority has an interest in the land within the designation footprint sufficient to undertake the project.
(3)
The recommending authority must disregard—
(a)
any effect that is outside the scope of this Act (see section 17):
(b)
any adverse effect on a person who has given, and not withdrawn, written approval for the proposed designation:
(c)
any adverse effect on the built environment if a national rule, a rule in a land use plan, or a rule in a proposed land use plan with legal effect permits an activity with that effect.
(4)
The requirement in subclause (1)(a) to have regard to the strategic need for the project and designation in the general location proposed—
(a)
requires consideration of—
(i)
how necessary the project and designation are to meet the designating authority’s objectives for seeking the designation; and
(ii)
whether the general location that is proposed for the designation is appropriate in light of those objectives; but
(b)
does not require—
(i)
an assessment or consideration of any alternative sites, routes, or methods of undertaking the project; or
(ii)
consideration of whether the project could have been better provided in any alternative location; or
(iii)
a granular or property-specific assessment of the location proposed.
(5)
The positive effects to be had regard to under subclause (1)(d)(i) may include any positive effect proposed or agreed by the designating authority to offset or compensate for any adverse effects on the built environment of confirming the designation.
(6)
The recommending authority—
(a)
may recommend to the designating authority that it—
(i)
confirm the proposed designation; or
(ii)
confirm the proposed designation, but modify it or impose conditions; or
(iii)
withdraw the proposed designation; and
(b)
must give reasons.
Compare: 1991 No 69 ss 168A(3)–(4), 171
27 Designation conditions
(1)
A recommending authority may recommend a condition on a proposed designation under clause 26 only if it is satisfied that the condition does not relate to a matter of detail that would be more appropriately addressed through a construction project plan.
(2)
However, subclause (1) does not apply if and to the extent that the designating authority is seeking to incorporate the details described in clause 39(2) into the designation for the purposes of clause 38(2)(a).
(3)
If the proposed designation relates to a wastewater network or a stormwater network (as those terms are defined in section 5 of the Water Services Act 2021) and the designating authority is relying on an infrastructure design solution, the recommending authority—
(a)
must not recommend a condition that is contrary to the requirements of the infrastructure design solution; and
(b)
subject to subclause (1), must recommend conditions that are no more or less restrictive than is necessary to comply with the infrastructure design solution.
28 Decision of designating authority
(1)
A designating authority must, no later than 30 working days after receiving a recommendation under clause 26(6), advise the relevant territorial authority whether the designating authority—
(a)
accepts the recommendation in whole; or
(b)
accepts the recommendation in part and rejects it in part; or
(c)
rejects the recommendation in whole.
(2)
The designating authority may modify the proposed designation only if that modification—
(a)
is recommended by the recommending authority; or
(b)
is not inconsistent with the proposed designation as notified under clause 16.
(3)
The designating authority must advise the territorial authority of its reasons if it—
(a)
rejects the recommendation in whole or in part; or
(b)
modifies the proposed designation.
(4)
However, if the designating authority is the territorial authority, it must—
(a)
publish a notice of its decision within the deadline specified in subclause (1) in the manner prescribed by regulations; and
(b)
include any reasons required by subclause (3) in that notice.
Compare: 1991 No 69 s 172
29 Notice of decision on designation
(1)
A territorial authority must ensure that a notice of a decision under clause 28 is served on—
(a)
each person who made a submission; and
(b)
each land owner and occupier directly affected by the decision.
(2)
The notice must include a statement of the time within which an appeal against the decision may be lodged.
(3)
The territorial authority must serve the notice no later than—
(a)
15 working days after receiving notice of the decision under clause 28 (if the territorial authority is not the designating authority); or
(b)
10 working days after making the decision under clause 28 (if the territorial authority is the designating authority).
(4)
If the territorial authority does not include a full copy of the decision in the notice, 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; 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.
Compare: 1991 No 69 s 173
30 Appeals against decision of designating authority
(1)
Any 1 or more of the following persons may appeal to the Environment Court against the whole or any part of a decision of a designating authority under clause 28:
(a)
the relevant territorial authority (unless the designating authority is that territorial authority):
(b)
a submitter.
(2)
A notice of appeal must—
(a)
state the reasons for the appeal and the relief sought; and
(b)
include any information prescribed by regulations; and
(c)
be lodged with the Environment Court and be served on the designating authority no later than 15 working days after the date of the notice given under clause 29.
(3)
The appellant must ensure that a copy of the notice of appeal is served on the territorial authority and every submitter no later than 5 working days after the notice is lodged with the court.
Compare: 1991 No 69 s 174(1)–(3)
31 Determining appeals
(1)
In determining an appeal, the Environment Court must have regard to the matters set out in clause 26(1) and comply with clauses 26(4) to (6) and 27 as if it were the recommending authority.
(2)
The court may—
(a)
confirm the proposed designation; or
(b)
confirm the proposed designation, but modify it or impose conditions; or
(c)
cancel the proposed designation.
Compare: 1991 No 69 s 174(4)
32 Designation to be incorporated into land use plan
(1)
Subclause (2) applies to a territorial authority if—
(a)
a designating authority makes a decision under clause 28; and
(b)
(c)
as a result of the decision and any appeals, the proposed designation is confirmed with or without conditions or modifications (but not cancelled).
(2)
The territorial authority must, as soon as is practicable and without using the process in Schedule 3,—
(a)
incorporate the designation (as confirmed or modified) into its land use plan and any proposed land use plan; and
(b)
state in its land use plan and any proposed land use plan the name of the designating authority responsible for the designation.
Compare: 1991 No 69 s 175
33 Withdrawing proposed designation
(1)
A designating authority that has notified a proposed designation under clause 13 may withdraw the proposed designation at any time before—
(a)
the proposed designation is incorporated into the land use plan under clause 32; or
(b)
the relevant proposed land use plan becomes operative (if the proposed designation was incorporated into a proposed land use plan under clause 15).
(2)
The designating authority must give notice of any withdrawal to the territorial authority (unless the designating authority is the territorial authority).
(3)
The territorial authority must—
(a)
give public notice of any withdrawal; and
(b)
if the proposed designation had been notified for submissions, serve the notice on any person who made a submission; and
(c)
if the proposed designation was incorporated into a proposed land use plan under clause 15, amend the proposed plan without using the process in Schedule 3 to remove the proposed designation.
Compare: 1991 No 69 s 168(4), (5), Schedule 1 cl 4(9), (10)
Part 4 Securing designation through spatial planning process
34 Designating authority may apply to notify proposed designation through spatial planning process
(1)
In response to a notice from a spatial plan committee under clause 12 of Schedule 2, a designating authority may apply to the committee to notify a proposed designation with the draft regional spatial plan that the committee is preparing and have it considered through that process.
(2)
The designating authority’s application must be made in the manner prescribed by regulations and must—
(a)
describe the project to which the proposed designation relates; and
(b)
explain why the designating authority considers the project meets the criteria in clause 35(2) of this schedule; and
(c)
state whether the designating authority would like the committee to consider identifying the indicative location of the designation in the regional spatial plan, if its application under this clause is declined; and
(d)
be made no later than the deadline specified in the spatial plan committee’s notice.
35 Spatial plan committee must decide whether to accept application
(1)
A spatial plan committee must decide whether to accept an application made under clause 34.
(2)
The committee may accept the application only if satisfied that—
(a)
1 or more of the following apply:
(i)
the project is nationally significant or regionally significant:
(ii)
the project will have regionally significant benefits:
(iii)
the project will cross territorial authority boundaries; and
(b)
it is appropriate in the circumstances for the proposed designation to be notified with the draft regional spatial plan and be considered through that process.
(3)
Subclause (4) applies if—
(a)
the committee declines the application; and
(b)
the designating authority’s application stated that it would like the committee to consider identifying the indicative location of the designation in the regional spatial plan.
(4)
The committee must—
(a)
consider whether to identify the indicative location of a future designation for the project to which the application relates in the draft regional spatial plan (see clauses 13 and 14 of Schedule 2); and
(b)
advise the designating authority in writing of the outcome, with its reasons.
(5)
A designating authority may apply to the Planning Tribunal to review a decision to decline an application made under clause 34.
36 Designating authority must prepare notice of proposed designation
(1)
If the spatial plan committee accepts the application, it must advise the designating authority in writing that it accepts the application.
(2)
The designating authority may, no later than a deadline specified by the spatial plan committee in writing,—
(a)
prepare a notice of the proposed designation in accordance with clause 13(2) to (5); and
(b)
provide it to the spatial plan committee.
(3)
The spatial plan committee must notify the notice of a proposed designation with the draft regional spatial plan that it notifies under clause 18 of Schedule 2.
37 Designation to be incorporated into land use plan and draft regional spatial plan
(1)
This clause applies if—
(a)
a designating authority makes a decision under clause 28 of Schedule 2; and
(b)
either of the following applies:
(i)
no appeal is lodged under clause 31 of Schedule 2 against the decision within the time period for making appeals:
(ii)
all appeals lodged under that clause, including any further appeals, are determined or withdrawn; and
(c)
as a result of the decision and any appeals, the proposed designation is confirmed with or without conditions or modifications (but not cancelled).
(2)
The spatial plan committee must, as soon as is practicable and without using any further process, identify the designation (as confirmed or modified) in the draft regional spatial plan.
(3)
The territorial authority of the relevant district must, as soon as practicable and without using the process in Schedule 3,—
(a)
incorporate the designation (as confirmed or modified) into its land use plan and any proposed land use plan; and
(b)
state in its land use plan and in any proposed land use plan the name of the designating authority responsible for the designation.
Compare: 1991 No 69 s 175
Part 5 Construction project plans
38 When construction project plan is required
(1)
A construction project plan is required for a designation that authorises the construction of a project.
(2)
However, a construction project plan is not required—
(a)
if the details referred to in clause 39(2) are incorporated into the designation and the designation expressly states that a construction project plan is not required for the project; or
(b)
if the territorial authority waives the requirement for a construction project plan for the project or any specific construction activity or enabling activity (such as site clearance); or
(c)
for any construction activity or enabling activity that is otherwise authorised under this Act (whether or not the activity requires a natural resource permit under the Natural Environment Act 2026).
(3)
If a construction project plan is required for any construction activity or enabling activity, that activity must not begin until a construction project plan is confirmed under clause 41.
(4)
To avoid doubt, a territorial authority may waive a requirement for a construction project plan for a designation for which it is the designating authority.
(5)
In this clause, an activity is otherwise authorised under this Act if that activity is—
(a)
identified in the designation as an activity that may occur without a construction project plan; or
(b)
authorised by a land use consent; or
(c)
authorised by a water services standard; or
(d)
a permitted activity under this Act; or
(e)
otherwise permitted because it does not contravene a national rule, a rule in a land use plan, or a rule in a proposed land use plan that has legal effect.
Compare: 1991 No 69 s 176A(1), (2)
39 Requirements of construction project plan
(1)
The purpose of a construction project plan for a project authorised by a designation is to—
(a)
confirm the final design of the project; and
(b)
set out how any adverse effects of the construction or operation of the project on the built environment will be avoided, remedied, or mitigated.
(2)
A construction project plan—
(a)
must set out the design of the project, including, if relevant,—
(i)
the location and dimensions of the project within the designation footprint (including the likely finished contour of the site); and
(ii)
the layout of the site, including any vehicular access, circulation, and any provision for parking; and
(iii)
the landscaping proposed; and
(b)
must identify any adverse effects on the built environment; and
(c)
must set out how the designating authority will avoid, remedy, or mitigate those effects; and
(d)
must set out any other matter that the designation specifies must be addressed in the construction project plan; and
(e)
may include any other comparable matter that is relevant to understanding the effects of the project on the built environment.
(3)
A designating authority may choose to prepare 2 or more construction project plans in relation to a designation, each covering different parts or stages of the project.
(4)
A construction project plan may include conditions.
Compare: 1991 No 69 s 176A(3)
40 Designating authority must submit construction project plan to territorial authority
(1)
A designating authority must submit any construction project plan that is required for a project to the territorial authority.
(2)
No later than 20 working days after receiving a construction project plan, the territorial authority—
(a)
may request that the designating authority make changes to the plan; but
(b)
must not request a change that is inconsistent with an infrastructure design solution that the project relies on.
(3)
The designating authority must notify the territorial authority of its decision on the request.
(4)
If the designating authority decides not to make a change requested, the territorial authority may appeal against that decision to the Environment Court.
(5)
A notice of appeal must—
(a)
state the reasons for the appeal and the relief sought; and
(b)
include any information prescribed by regulations; and
(c)
be lodged with the Environment Court and be served on the designating authority no later than 15 working days after the date of the notice under subclause (3).
(6)
In determining any appeal, the Environment Court must consider whether the changes requested by the territorial authority—
(a)
are necessary in order to manage the adverse effects of the project on the built environment, having regard to the scale and significance of those effects; and
(b)
will implement any infrastructure design solution that the project relies on.
(7)
This clause applies, with all necessary modifications, if the territorial authority is the designating authority.
Compare: 1991 No 69 s 176A(1), (4), (5), (6), (7)
41 When construction project plan is confirmed
(1)
If the territorial authority does not request any changes to a construction project plan, the plan is confirmed on the earlier of—
(a)
the date on which the territorial authority advises the designating authority that it requests no changes; or
(b)
the close of the period for requesting changes under clause 40(2).
(2)
If the designating authority accepts all changes requested by the territorial authority, the plan is confirmed when the designating authority notifies the territorial authority of its decision to accept the changes under clause 40(3).
(3)
If the designating authority decides not to make a change requested by the territorial authority, the plan is confirmed on—
(a)
the close of the appeal period in clause 40(5)(c), if no appeal is lodged; or
(b)
the date on which the appeal, and any further appeal, is determined or withdrawn.
(4)
As soon as is reasonably practicable after a plan is confirmed, the designating authority must publish it on an internet site to which the public has free access.
42 Altering construction project plan
(1)
A designating authority may alter a construction project plan after it has been confirmed by submitting an amendment to the plan or stage of the plan (a proposed amendment) to the territorial authority.
(2)
Clauses 40 and 41 apply to a proposed amendment with all necessary modifications and as if a reference to—
(a)
a construction project plan were a reference to the proposed amendment; and
(b)
the adverse effects of the construction or operation of the project on the built environment were a reference to the change in the adverse effects of the construction or operation of the project on the built environment.
43 Designating authority must comply with construction project plan
A designating authority must comply with a construction project plan (including any conditions in that plan) as if it were a condition of the relevant designation.
Part 6 Other matters
Approval from designating authority
44 Approval to use land subject to designation or proposed designation
(1)
A person may apply, in the manner prescribed by regulations, to a designating authority that holds a designation for approval to do something in relation to land subject to the designation that would otherwise contravene clause 4(1)(c).
(2)
A person may apply, in the manner prescribed by regulations, to a designating authority responsible for a proposed designation for approval to do something that would otherwise contravene clause 5(1).
(3)
The designating authority may request further information on an application in the manner prescribed by regulations.
(4)
A designating authority must, no later than 40 working days after receiving an application, notify the applicant (in the manner prescribed by regulations) of its decision to—
(a)
grant approval (with or without conditions); or
(b)
refuse approval.
(5)
The designating authority—
(a)
may decline approval only if satisfied that the thing proposed would prevent or hinder the project to which the designation relates; and
(b)
may impose a condition on an approval only if satisfied that the condition is necessary to avoid preventing or hindering the project.
(6)
If a designating authority does not notify the applicant of a decision within the deadline specified in subclause (4), the application must be treated as if it were approved without conditions.
45 Approval to exercise later designation
(1)
A designating authority that holds a later designation may apply, in the manner prescribed by regulations, to a designating authority that holds an earlier designation for approval to do something in relation to land that would otherwise contravene clause 4(1)(c) or 6(3).
(2)
The designating authority that holds the earlier designation may request further information on an application in the manner prescribed by regulations.
(3)
A designating authority that holds an earlier designation must, no later than 40 working days after receiving an application, notify the other designating authority (in the manner prescribed by regulations) of its decision to—
(a)
grant approval (with or without conditions); or
(b)
refuse approval.
(4)
A designating authority that holds an earlier designation—
(a)
may decline approval only if satisfied that the thing proposed by the other designating authority would prevent or hinder the project to which the earlier designation relates; and
(b)
may impose a condition on an approval only if satisfied that the condition is necessary to avoid preventing or hindering the project to which the earlier designation relates.
(5)
If a designating authority that holds an earlier designation does not notify the other designating authority of a decision within the deadline specified in subclause (3), the application must be treated as if it were approved without conditions.
46 Right of review if designating authority refuses approval
(1)
(2)
An application for review must—
(a)
state the reasons for the appeal and the relief sought; and
(b)
include any information prescribed by regulations; and
(c)
be lodged with the Planning Tribunal and be served on the designating authority no later than 15 working days after the date on which the person received notice under clause 44(4) or 45(3).
(3)
In considering a review of a decision under clause 44, the tribunal must have regard to—
(a)
whether the decision of the designating authority would render the land that is subject to the designation or proposed designation incapable of reasonable use; and
(b)
whether the decision has caused or is likely to cause serious hardship to the person; and
(c)
the extent to which the decision may be modified without wholly or partly nullifying the effect of the designation or proposed designation.
(4)
In considering a review of a decision under clause 45, the tribunal must have regard to—
(a)
whether the decision of the designating authority would frustrate the implementation of the later designation; and
(b)
whether the decision has caused or is likely to cause serious hardship to the designating authority responsible for the later designation; and
(c)
the extent to which the decision may be modified without wholly or partly nullifying the effect of the earlier designation.
(5)
The tribunal may confirm, modify, or reverse the decision of the designating authority.
Compare: 1991 No 69 s 179
Altering designations
47 Alterations to designations using process in Part 3
(1)
A designating authority that holds a designation may notify a territorial authority of a proposed alteration to the designation (a proposed alteration) that it seeks to be considered using the process in Part 3 of this schedule.
(2)
Part 3 of this schedule applies to a proposed alteration under this clause with all necessary modifications and as if a reference to—
(a)
a proposed designation were a reference to the proposed alteration; and
(b)
the project were a reference to the change to the project authorised by the designation; and
(c)
the effects of the project or proposed designation were a reference to the change to the effects of the project or proposed designation.
Compare: 1991 No 69 s 181(1), (2)
48 Alterations to designations using spatial plan process in Part 4
(1)
A designating authority that holds a designation may, after receiving an invitation from a spatial plan committee under clause 12 of Schedule 2, apply to the committee to notify an alteration to that designation (a proposed alteration) in the draft regional spatial plan that the committee is preparing.
(2)
Part 4 of this schedule applies to a proposed alteration under this clause with all necessary modifications and as if—
(a)
a reference to a proposed designation were a reference to the proposed alteration; and
(b)
a reference to the project were a reference to the change to the project authorised by the designation; and
(c)
a reference to the effects of the project or proposed designation were a reference to the change to the effects of the project or proposed designation; and
(d)
subclause (3) applied instead of clause 35(2).
(3)
The spatial plan committee may accept an application to notify a proposed alteration only if satisfied that—
(a)
1 or more of the following applies:
(i)
the change to the project is nationally significant or regionally significant:
(ii)
the change to the project will have regionally significant benefits:
(iii)
the change to the project occurs across territorial authority boundaries:
(iv)
the proposed alteration supports, or is otherwise closely connected with, a proposed designation that a designating authority is requesting be notified through the draft regional spatial plan; and
(b)
it is appropriate in the circumstances for the proposed alteration to be notified through the draft regional spatial plan.
49 Minor alterations to designations
(1)
A territorial authority may alter a designation in its land use plan or a proposed designation in a proposed land use plan, without using a process in Part 3 or 4 of this schedule, or Schedule 3, if—
(a)
the alteration—
(i)
involves no more than a minor change to the effects on the built environment; or
(ii)
involves only minor changes to the boundaries of the designation or proposed designation; and
(b)
the territorial authority and the designating authority agree to the alteration; and
(c)
written notice of the proposed alteration has been given to every owner or occupier of land directly affected by the alteration, and those owners or occupiers agree with the alteration.
(2)
A territorial authority may alter a designation in its land use plan or a proposed designation in a proposed land use plan, without using a process in Part 3 or 4 of this schedule or Schedule 3, if—
(a)
the effect of the alteration is to make any condition of the designation consistent with, or more consistent with, any rule in a land use plan or national rule that is more lenient than the current condition; and
(b)
the territorial authority and the designating authority agree to the alteration; and
(c)
written notice of the proposed alteration has been given to every owner or occupier of land directly affected by the alteration.
Removing designations
50 Removing designations
(1)
If a designating authority no longer wants all or part of a designation, it may give notice that it seeks the removal of all or part of that designation to—
(a)
the territorial authority; and
(b)
every person who is known by the designating authority to be the owner or occupier of any land to which the designation applies; and
(c)
any other person who, in the opinion of the designating authority, is likely to be affected by the designation.
(2)
As soon as is reasonably practicable after receiving the notice, the territorial authority must, without using the process in Schedule 3, amend its land use plan and any proposed land use plan to remove the designation or part of the designation.
(3)
However, if the territorial authority considers that the effect of removing part of the designation on the remaining parts of the designation is more than minor, it may, no later than 20 working days after receiving the notice, decline to remove that part of the designation.
(4)
A designating authority may apply to the Planning Tribunal to review a decision to decline to remove part of a designation under subclause (3).
Compare: 1991 No 69 s 182
Lapse of designation
51 Lapse of designation
(1)
The lapse period of a designation—
(a)
is either—
(i)
10 years after the date on which the designation is included in the land use plan; or
(ii)
any other period specified in the designation when it was incorporated into the plan; and
(b)
includes any extension to the lapse period under subclause (2)(b).
(2)
A designation lapses on the expiry of its lapse period unless—
(a)
it is given effect to before the end of that period; or
(b)
the territorial authority decides, on an application made by the designating authority no later than 3 months before the expiry of the lapse period, to extend the lapse period.
(3)
A territorial authority may extend a lapse period only if satisfied that substantial progress or effort has been made, and is continuing to be made, towards giving effect to the designation.
(4)
A lapse period can be extended more than once.
(5)
A designating authority may apply to the Planning Tribunal to review a territorial authority’s decision to refuse to extend a lapse period.
(6)
If a designation lapses,—
(a)
the designation ceases to have any legal effect; and
(b)
the territorial authority must, as soon as is reasonably practicable,—
(i)
amend its land use plan and any proposed land use plan to remove the lapsed designation without using the process in Schedule 3; and
(ii)
give notice on an internet site to which the public has free access that the designation has lapsed.
(7)
A territorial authority must not alter the lapse period of a designation other than in accordance with subclause (2)(b).
Transferring designations
52 Transferring designation to another designating authority
(1)
If financial responsibility for a project authorised by a designation is transferred from one designating authority to another,—
(a)
responsibility for any relevant designation is also transferred; and
(b)
the designating authority that is transferring responsibility must advise the Minister and the relevant territorial authority of the transfer.
(2)
The territorial authority must, without using the process in Schedule 3, amend its land use plan and any proposed land use plan to note the transfer.
Compare: 1991 No 69 s 180
53 Temporary transfer of designation to another designating authority
(1)
A designating authority that holds a designation (the original designating authority) may temporarily transfer responsibility for all or part of its designation to another designating authority (the new designating authority) to enable the new designating authority to relocate any infrastructure to which the designation relates.
(2)
The new designating authority must give the territorial authority and the Minister written notice of the temporary transfer that—
(a)
includes the original designating authority’s consent to the transfer; and
(b)
describes the infrastructure to be relocated.
(3)
If a construction project plan is required for the relocation under clause 38, the new designating authority may prepare the construction project plan as if it were the original designating authority.
(4)
The original designating authority must give the territorial authority and the Minister written notice of when the temporary transfer is complete, at which point responsibility for the designation transfers back to the original designating authority.
(5)
The territorial authority must, without using the process in Schedule 3, amend its land use plan and any proposed land use plan to—
(a)
note the transfer, as soon as practicable after it occurs; and
(b)
note the transfer back to the original designating authority, as soon as practicable after it occurs.
Compare: 2023 No 46 s 541(2)
54 Delegating functions, duties, and powers relating to designation to responsible SPV
(1)
This clause applies to a designating authority that is a local authority and holds a designation authorising construction work that—
(a)
is required to facilitate the future construction of eligible infrastructure for which the local authority is a responsible infrastructure authority; and
(b)
the local authority is financially responsible for.
(2)
If a responsible SPV (who is not a designating authority) proposes to take over the construction work, the designating authority may delegate to that responsible SPV any functions, duties, and powers in relation to the designation that relate to the construction work.
(3)
The responsible SPV must perform those delegated functions and duties and exercise those delegated powers in accordance with any conditions included in the designation or any construction project plan.
(4)
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
Acquiring land
55 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 proposed designation may apply to the Environment Court in the manner prescribed by regulations for an order requiring the designating authority responsible for the designation or proposed designation to acquire or lease all or part of the owner’s estate or interest in the land under the Public Works Act 1981.
(2)
The application must—
(a)
be in the form prescribed by regulations; and
(b)
be served on the designating authority and the relevant territorial authority in the manner prescribed by regulations.
(3)
The Environment Court may make an order if 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 proposed designation 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 proposed designation; and
(b)
either—
(i)
the designation or proposed designation 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 proposed designation was created.
(4)
Before making an order, 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 is deemed to have entered into an agreement with the designating authority responsible for the designation or proposed designation for the purposes of section 17 of the Public Works Act 1981.
(6)
If subclause (5) applies in respect of a designating authority that is a core infrastructure operator approved under clause 10,—
(a)
any agreement is deemed to have been entered into with the Minister for Land Information on behalf of the core infrastructure 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 core infrastructure 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 clause must be assessed as if the designation or proposed designation had not been created.
(8)
Subclauses (9) and (10) apply if the designation or proposed designation to which the order relates is for a critical infrastructure project—
(a)
within the meaning of section 39AAB of the Public Works Act 1981; and
(b)
in relation to which the designating authority may use Part 2A of that Act to acquire the owner’s land.
(9)
The owner must be paid compensation in recognition of the land being acquired for a critical infrastructure project and, for that purpose, must be treated as if they were an owner of land entitled to the compensation specified in section 39AAK(2)(b) of that Act unless the exclusion in section 39AAL(1) of that Act applies.
(10)
To avoid doubt, the owner is not entitled to compensation under section 39AAK(2)(c) of that Act.
Compare: 1991 No 69 s 185
56 Compulsory acquisition on behalf of core infrastructure operator
(1)
A responsible core infrastructure operator may apply to the Minister for Land Information in the manner prescribed by regulations to have land required—
(a)
for a project that is a critical infrastructure project within the meaning of section 39AAB of the Public Works Act 1981 acquired or taken under Part 2A of that Act, and, if the Minister for Land Information agrees, that land may be acquired or taken:
(2)
The effect of any Proclamation taking land for the purposes of subclause (1) is to vest the land in the responsible core infrastructure operator instead of the Crown.
(3)
Any land held under any legislation or in any other manner by the Crown or a local authority may, with the consent of the Crown or that authority and on such terms and conditions (including price) that may be agreed, be set apart for a project of a responsible core infrastructure operator 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 subject to sections 40 and 41 of that Act. Any land so set apart vests in the responsible core infrastructure operator.
(4)
Any claim for compensation under the Public Works Act 1981 in respect of land acquired or taken in accordance with this clause 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 clause (including any compensation payable by the Minister) are recoverable from the responsible core infrastructure operator 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 clause as if the responsible core infrastructure operator concerned were the Crown.
(7)
However, this clause does not apply if the responsible core infrastructure operator is a responsible SPV and 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 clause, 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.
(9)
In this clause, responsible core infrastructure operator, in relation to a project, means a core infrastructure operator that is a designating authority for—
(a)
the project; or
(b)
a core infrastructure operation to which the project relates.
Compare: 1991 No 69 s 186
Schedule 6 Information required in applications for planning consent
1 Information required in all applications
(1)
An application for a planning consent for an activity (the activity) must include the following:
(a)
the full name and address of the applicant:
(b)
the full name and address of each owner or occupier of the site at which the activity is to occur (if different from the applicant):
(c)
a description of the activity:
(d)
a description of the site at which the activity is to occur:
(e)
a description of any other activities that are part of the proposal to which the application relates:
(f)
a description of any other natural resource permits or planning consents required for the proposal to which the application relates.
(2)
An application must include an assessment of the activity against—
(a)
any relevant provisions of the land use plan or proposed land use plan or national rule; and
(b)
any relevant provisions of other key instruments if, and only to the extent that, the matter is not addressed by the plan or proposed plan or national rule.
(3)
An application must include an assessment of the activity’s effects on the built environment that includes the information required by clause 6.
Compare: 2023 No 46 Schedule 9 cl 1
2 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 for the permitted activity (so that a planning consent is not required for that activity under section 38(1)):
(b)
if the application is affected by section 191 (which relates to existing planning consents), an assessment of the value of the investment of the existing consent holder (for the purposes of section 164(1)(f)):
(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.
Compare: 1991 No 69 Schedule 4 cl 3
3 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 clause 20 of Schedule 7:
(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 clause 20 of Schedule 7):
(g)
the locations and areas of land to be set aside as new roads.
Compare: 1991 No 69 Schedule 4 cl 4
4 Additional information required in application for reclamation
An application for a planning consent for a 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.
Compare: 1991 No 69 Schedule 4 cl 5
5 Additional information required in application for consent that authorises change to plan provisions
An application for a planning consent that authorises a change to the plan provisions that apply to an area in accordance with section 119 after the consent is given effect to must—
(a)
identify the location and boundaries of the area to which the change would apply; and
(b)
identify which standardised plan provisions the applicant proposes should apply to that area; and
(c)
include an assessment of the significant benefits that the planning consent and change to plan provisions would provide to the provision of any of the following in the district:
(i)
housing:
(ii)
employment:
(iii)
infrastructure.
Assessment of effects
6 Information required in assessment of effects
(1)
Information included in an assessment of effects on the built environment under clause 1(3)—
(a)
need only address a matter to the extent that the information is relevant to the provisions of a land use plan or proposed land use plan or national rule; and
(b)
must include detail proportionate to the scale and significance of the effects of the activity to which the application relates.
(2)
Subject to subclause (1), an assessment of the activity’s effects on the built environment must include the following information:
(a)
if it is likely that the activity will result in any significant adverse effect on the built 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 built 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:
(d)
a description of how any adverse effects on the built environment will be—
(i)
avoided, remedied, or mitigated where practicable:
(ii)
offset or compensated for, where appropriate:
(e)
identification of the persons affected by the activity, any consultation undertaken, and any response to the views of any person consulted:
(f)
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:
(g)
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).
(3)
Subclause (2)(e) does not—
(a)
oblige the applicant to consult any person; or
(b)
create any ground for expecting that the applicant will consult any person.
Schedule 7 Subdivision and reclamation
Contents
Key definitions relating to subdivision
1 Interpretation
In this schedule, unless the context otherwise requires,—
allotment has the meaning given in clause 3
company lease—
(a)
means a lease or licence or other right of occupation of any building or part of any building on, or to be erected on, any land—
(i)
that is granted by a company owning an estate or interest in the land; and
(ii)
that is held by a person by virtue of being a shareholder in the company; and
(b)
includes a licence within the meaning of section 122 of the Land Transfer Act 2017
completion certificate means a certificate issued under clause 24
consent notice means a notice issued under clause 25
cross lease means a lease of any building or part of any building on, or to be erected on, any land—
(a)
that is granted by any owner of the land; and
(b)
that is held by a person who has an estate or interest in an undivided share in the land
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 Surveyor-General under clause 21(3) (which clause 21(4)(a) treats as a deposit by the Registrar-General of Land)
deposit requirement,—
(a)
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 clause 31; or
(ii)
a reserve vested in the Crown or a regional council under clause 50; and
(b)
that is vested in the territorial authority, regional council, or the Crown for a purpose set out in clause 37
register means the register of land that is kept by the Registrar-General of Land under section 9 of the Land Transfer Act 2017
Registrar-General of Land has the meaning given to Registrar in section 5(1) of the Land Transfer Act 2017
Surveyor-General has the meaning given in section 4 of the Cadastral Survey Act 2002.
2 Meaning of subdivision of land
(1)
In this schedule, 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 for 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 clause 29(2).
(2)
The term subdivide land has a corresponding meaning.
3 Meaning of allotment
(1)
In this schedule, 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 purposes of this Act,—
(a)
if an allotment is being or has been subdivided from any land, the balance of that land must be treated as 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 legislation that relates to the subdivision of land.
(3)
In subclause (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); 2023 No 46 s 575
4 Meaning of survey plan
(1)
In this schedule, survey plan—
(a)
means a survey dataset—
(i)
of a division 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 division of land 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 clause, cadastral survey dataset has the same meaning as in section 4 of the Cadastral Survey Act 2002.
Part 1 Further provisions relating to conditions of subdivision consents
5 Purpose of this Part
This Part—
(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.
Compare: 2023 No 46 s 620
Conditions about certain matters
6 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); 2023 No 46 s 630
7 Conditions about structures, filling, and compaction
A subdivision consent may include a condition imposing 1 or more of the following requirements:
(a)
a requirement that sets the bulk, height, location, foundations, or height of floor levels of any structure on an allotment:
(b)
a requirement that filling and compacting the land and earthworks be carried out to the satisfaction of the territorial authority.
Compare: 1991 No 69 s 220(1)(c), (e); 2023 No 46 s 631
8 Conditions about vesting of bed of lake or river
A subdivision consent may include a condition requiring that land that is the bed of a lake or river be vested in a territorial authority.
Compare: 1991 No 69 s 220(1)(ab); 2023 No 46 s 631
Conditions about esplanade reserves and esplanade strips
9 Conditions about esplanade reserves and esplanade strips
A subdivision consent may include 1 or more of the following conditions:
(a)
for the purposes of clause 38 (new esplanade reserves and esplanade strips required when land is subdivided),—
(i)
a condition that waives the requirement for an esplanade reserve or esplanade strip under that clause:
(ii)
a condition that reduces the width of the reserve or strip that is required under that clause:
(b)
for the purposes of clause 39 (esplanade 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 clause:
(ii)
a condition that reduces the width of the additional reserve that is required under that clause:
(c)
if an esplanade strip is required, a condition that specifies what must be included in the instrument that creates the strip (see clause 46).
Compare: 1991 No 69 s 220(1)(a), (aa), (ac); 2023 No 46 s 621
Conditions about easements
10 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)
Subclause (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 clause.
Compare: 1991 No 69 ss 220(1)(f), 243(a), (c), (d); 2023 No 46 s 622
11 Condition requiring easement to be extinguished
A subdivision consent may include a condition that—
(a)
applies to an existing easement for benefited land that 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); 2023 No 46 s 623
Conditions about amalgamation of land
12 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 clauses 13 to 15, 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 clauses that the Registrar-General of Land advises is practical in the circumstances.
13 Conditions with requirements for amalgamation
(1)
A condition described in this clause may be imposed in respect of either or both of the following:
(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, if 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 land use plan; or
(ii)
necessary to comply with the land use 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)
(4)
For the purposes of this clause, 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); 2023 No 46 s 626
14 Condition requiring amalgamated land to be held in 1 record of title
(1)
A subdivision consent may, to comply with clause 13(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 legislation, 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 clause.
(3)
The territorial authority may cancel the condition, in whole or in part,—
(a)
whether it was included under clause 13(3) or a corresponding provision of any former legislation; 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 clause 17, 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 clause 17, 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 subclause (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.
Compare: 1991 No 69 s 241(2)–(4); 2023 No 46 s 627
15 Condition requiring covenant against disposal of allotments
(1)
A subdivision consent may, to comply with clause 13(3), include a condition requiring that the amalgamated land be made subject to 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.
(2)
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.
(3)
The territorial authority may cancel the covenant, in whole or in part,—
(a)
whether or not it was required by a condition included under clause 13(3) or a corresponding provision of any former legislation; and
(b)
at any time, whether before or after the survey plan is deposited.
(4)
If the territorial authority cancels the covenant after it approves the survey plan under clause 17, 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.
(5)
The certificate must be signed by the chief executive or other authorised officer of the territorial authority.
(6)
The Registrar-General of Land must note the records accordingly.
Compare: 1991 No 69 s 240(3)–(5); 2023 No 46 s 628
16 Previously registered instruments protected
(1)
This clause applies if—
(a)
either—
(i)
specified land is amalgamated in 1 record of title with other land in accordance with a condition imposed under clause 14; or
(ii)
a covenant is registered in accordance with a condition imposed under clause 15 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
(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 must be treated as rights and obligations in respect of, or encumbrances on, the specified land.
(4)
If the instrument referred to in subclause (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 clause 14; or
(b)
the registration of the covenant in accordance with clause 15.
(5)
If subclause (2), (3), or (4) applies, the Registrar-General of Land must record, on all the records of title for the land, that the land in that title is subject to subclause (4).
(6)
If a memorial has been entered on a record of title under this clause, and the Registrar-General of Land is notified about a cancellation of all or part of a condition or covenant to which this clause applies, the Registrar-General of Land must alter the memorial accordingly.
Part 2 Approving and depositing survey plans for subdivision
Subpart 1—Approval of survey plan by territorial authority
How survey plans for subdivisions are approved
17 Requirements for approval of survey plans
(1)
A person subdividing land may submit a survey plan for a subdivision of land to a territorial authority for its approval if—
(a)
a subdivision consent has been obtained for the subdivision, and that consent has not lapsed; or
(b)
a certificate of compliance has been obtained for the subdivision, and that certificate has not lapsed.
(2)
Within 10 working days after receiving the survey plan, the territorial authority must—
(a)
(b)
decline the survey plan and notify the person of that decision and the reasons for it.
Compare: 1991 No 69 s 223(1), (1A), (2); 2023 No 46 ss 577, 578
18 Certificate of approval by territorial authority
(1)
If a territorial authority approves a survey plan under clause 17, the chief executive or an authorised officer of the territorial authority (the responsible person) must issue a certificate of approval.
(2)
The certificate of approval 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 of approval must include the following information:
(a)
a statement that the territorial authority has approved the survey plan:
(b)
the date of approval and survey plan number:
(c)
the name of the responsible person:
(d)
if applicable,—
(i)
conditions requiring easements to be granted or reserved:
(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 of approval must be lodged with the Registrar-General of Land before the survey plan is deposited.
(5)
The certificate of approval does not affect any obligation of the subdividing owner under any condition of a subdivision consent or bond entered into relating to the subdivision.
(6)
Subclause (4) is a deposit requirement for the purposes of clause 21.
(7)
In this clause, private road and private way have the meanings given in section 315 of the Local Government Act 1974.
Compare: 1991 No 69 ss 223(3)–(6), 224(c); 2023 No 46 s 579
19 Requirements relating to conditions of subdivision consent
(1)
This clause applies to a survey plan for a subdivision of land if a subdivision consent is obtained for the subdivision.
(2)
If the consent includes a condition described in clause 10 (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 the burdened land.
(3)
If the consent includes a condition described in clause 14 (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 clause 15 (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)
the territorial authority must include a certificate to that effect in the survey plan.
Compare: 1991 No 69 ss 221(1), 240(1), (5)(a), 241(1), (4)(a), 243(b), (f)(i); 2023 No 46 s 580
20 Requirements if subdivided land includes bed of lake or river or is in coastal marine area
(1)
This clause 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 lake or river.
(2)
The survey plan must show the land described in subclause (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 subclause (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.
Subpart 2—Depositing survey plans
How survey plans for subdivisions are deposited
21 Depositing survey plans for subdivisions
(1)
After a territorial authority approves the survey plan for a subdivision of land under clause 17, the owner of the land or a person authorised by the owner 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 Surveyor-General 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, after receiving a survey plan,—
(a)
may deposit the survey plan if the deposit requirements are satisfied; or
(b)
if any of the deposit requirements are not satisfied, must decline to deposit the survey plan and notify the owner of that decision and the reasons for it.
(3)
The Surveyor-General must, after receiving a survey plan,—
(a)
approve the survey plan 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 Surveyor-General approves a survey plan for a subdivision of land,—
(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); 2023 No 46 s 584
Deposit requirements
22 Deposit requirements for the purposes of clause 21
(1)
A survey plan for a subdivision may be deposited no later than 3 years after it is approved by the territorial authority under clause 17.
(2)
A survey plan that 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)
Subclauses (1) and (2) are deposit requirements for the purposes of clause 21.
(4)
See also the following clauses, which set deposit requirements for the purposes of clause 21:
(a)
clause 18(6) (certificate of approval by territorial authority):
(b)
clause 23(3) (certificate that consent conditions are complied with):
(c)
clause 26(3) (requirement for written consent if land will vest in territorial authority or the Crown):
(d)
clause 27(3) (certificate that building code requirements are complied with):
(e)
clause 28(5) (requirements if conditions are imposed relating to amalgamated land):
(f)
clause 41(6) (approval of survey plans if esplanade reserve or esplanade strips required):
(g)
clause 44(3) (how esplanade strips are created).
Compare: 1991 No 69 s 224(c), (e), (h); 2023 No 46 ss 585, 586
23 Certificate that consent conditions are complied with
(1)
This clause applies to a survey plan for a subdivision of land 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)
Subclause (2) is a deposit requirement for the purposes of clause 21.
(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 completion certificate has been issued under clause 24; or
(ii)
a consent notice has been issued under clause 25; or
(iii)
a financial assurance in the form of a bond has been entered into by the person subdividing the land in compliance with a condition of a subdivision consent imposed under section 178(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 clause.
24 Completion certificate
(1)
This clause applies if compliance with a condition of a subdivision consent depends on the completion by the owner of any work required by the territorial authority.
(2)
The territorial authority may, for the purposes of clause 23(4), issue a certificate (a completion certificate) to the effect that the owner has entered into a financial assurance in the form of a bond binding the owner to carry out and complete the work—
(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 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 on a consent authority by clause 4 of Schedule 8 as if the bond entered into under this clause were a condition of a subdivision consent.
(5)
Clause 5 of Schedule 8 applies as if the bond entered into under this clause were a condition of a subdivision consent.
(6)
In this clause, work—
(a)
includes anything, whether in the nature of works or otherwise, that the territorial authority requires the owner to do 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.
25 Consent notice for subdivision consent with ongoing requirements
(1)
This clause 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)
Subclause (4) applies if, after a survey plan has been deposited under clause 21, 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 purposes of this clause and clause 33, 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.
26 Requirement for written consent if land will vest in territorial authority or the Crown
(1)
This clause applies to a survey plan for a subdivision if land shown on the survey plan will vest in the Crown or a territorial authority.
(2)
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.
(3)
Subclause (2) is a deposit requirement for the purposes of clause 21.
27 Certificate that building code requirements are complied with
(1)
This clause applies to a survey plan 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 it complies, or will comply, with the provisions of the building code described in section 116A of the Building Act 2004.
(3)
Subclause (2) is a deposit requirement for the purposes of clause 21.
(4)
The certificate must be signed by a person authorised by the territorial authority to sign certificates issued under this clause.
28 Requirements if conditions are imposed relating to amalgamated land
(1)
This clause applies to a survey plan for a subdivision of land if the subdivision is authorised by a subdivision consent.
(2)
If the consent includes a condition described in clause 14 (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)
Subclause (4) applies if—
(a)
the consent includes a condition described in clause 15 (condition requiring covenant against disposal 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 clause 19(4)(b)).
(4)
The covenant entered into must be lodged with the Registrar-General of Land for registration.
(5)
Subclauses (2) and (4) are deposit requirements for the purposes of clause 21.
Compare: 1991 No 69 ss 240(2), 241(1)(b), (c); 2023 No 46 s 590
Effect of deposit of survey plans for subdivisions
29 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 clause 21(2) or approved by the Surveyor-General under clause 21(3); or
(b)
a reclamation plan has been deposited under clause 74(2); or
(c)
the territorial authority has given a certificate, signed by the chief executive or other authorised officer, to the effect that—
(i)
the allotment is in accordance with the requirements of the land use plan and a proposed land use plan (if there is one) for the area to which the survey plan relates; or
(ii)
if there is no land use plan for the area to which the survey plan relates, the allotment is in accordance with a proposed land use plan for the area; or
(d)
the survey plan has been deposited in accordance with the Unit Titles Act 2010; or
(e)
the survey plan was deposited under section 224 of the Resource Management Act 1991 or was approved by the Surveyor-General for the purposes of section 228 of that Act and section 228(2) of that Act was complied with; or
(f)
the survey plan was deposited under section 306 of the Local Government Act 1974 or was a Crown plan to which section 306(7) of that Act applied; or
(g)
the survey plan was approved under Part 25 of the Municipal Corporations Act 1954; or
(h)
the survey plan was approved under Part 2 of the Counties Amendment Act 1961; or
(i)
the plan did not require the approval of the local authority under Part 2 of the Counties Amendment Act 1961 and was deposited under the Land Transfer Act 2017 after Part 2 of the Counties Amendment Act 1961 came into force; or
(j)
the record of title is issued to give effect 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.
(3)
Subclause (4) 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 Surveyor-General approving the survey plan (see clause 21(4)(a)).
(4)
Either of the following may ask the Registrar-General of Land to issue a record of title for the land in the name of the Sovereign:
(a)
the Director-General of Conservation, if the land is a conservation area (as defined in section 2(1) of the Conservation Act 1987), a reserve under the Reserves Act 1977, a national park under the National Parks Act 1980, or a wildlife sanctuary or wildlife refuge under the Wildlife Act 1953; or
(b)
the Surveyor-General, or another officer authorised in writing by the Surveyor-General, in every other case.
(5)
In the case of land to which subclause (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 clause 21 are complied with.
Compare: 1991 No 69 ss 226(1), 228(1)(b), (2); 2023 No 46 s 591
30 Vesting of roads
(1)
This clause 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 the case requires):
(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 clause free from all interests in land including any encumbrances (without the necessity of any instrument of release or discharge or otherwise).
(4)
In this clause, State highway has the same meaning as in section 5 of the Land Transport Management Act 2003.
31 Vesting of reserves or other land
(1)
This clause 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 subclause (2)—
(a)
subject to any specified interest in the land that the territorial authority has certified on the survey plan as needing to remain with the land; and
(b)
otherwise free from all interests in land, including any encumbrances (without needing 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.
32 Land shown on survey plan as coastal marine area becomes part of common marine and coastal area
(1)
This clause 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.
Other provisions
33 Variation or cancellation of consent notice
(1)
This clause applies if a consent notice is issued under clause 25 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 131 to 182, 185 to 189, and 197(3) to 202 apply, with the necessary modifications, to an application made, or a review conducted, under subclause (2).
(4)
Subclause (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 a review is conducted under this clause; 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), (3A), (5); 2023 No 46 s 634
34 Agreement to sell land or building before deposit of survey plan
(1)
This clause 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 clause 17.
(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 on which 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 subclause (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 determined by a court of competent jurisdiction.
(6)
In subclause (3)(b), applicable date means the later of—
(a)
5 years after the date on which the subdivision consent was granted; and
(b)
1 year after the date of the agreement.
35 Revocation of conditions about easements
(1)
(2)
The territorial authority may at any time, whether before or after the survey plan is deposited or approved by the Surveyor-General under clause 21, revoke the condition in whole or in part.
(3)
If the territorial authority revokes the condition, then,—
(a)
if the survey plan is awaiting approval by the Surveyor-General under clause 21(3), a memorandum of the revocation must be included on the survey plan or a notice of the revocation must be forwarded by the territorial authority to the Surveyor-General; and
(b)
in any other case, the territorial authority must 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 subclause (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); 2023 No 46 s 624
Part 3 Esplanade reserves, esplanade strips, and access strips
36 Meaning of relevant land
In this Part, 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.
Compare: 2023 No 46 Schedule 11 cl 1
Subpart 1—Esplanade reserves and esplanade strips
37 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 coastal marine area, 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)
to mitigate or reduce natural hazards or any risks of natural hazards:
(c)
to enable public access to or along the coastal marine area, a river, or a lake:
(d)
to enable public recreational use of the esplanade reserve or esplanade strip and adjacent coastal marine area, river, or lake if the use is compatible with conservation values.
38 New esplanade reserves and esplanade strips required when land is subdivided
(1)
This clause applies if, when land is subdivided under this Act, any allotment is created that—
(a)
is adjacent to the coastal marine area 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 clause 43 unless—
(a)
a rule in a land use plan provides otherwise; or
(b)
a subdivision 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 clause 43 if—
(i)
a rule in a land use plan requires the reserve to be set aside; and
(ii)
the requirement is not waived by a subdivision consent; and
(b)
an esplanade strip must be created under clause 44 if—
(i)
a rule in a land use plan requires the strip to be created; and
(ii)
the requirement is not waived by a subdivision consent.
(4)
For the purposes of subclauses (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 aside from it under this clause.
(5)
The registered owner of the allotment may be entitled to compensation (see clauses 64 and 65).
Location and width
(6)
A reserve or strip required by this clause 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 clause must be,—
(a)
if required for an allotment of less than 4 hectares,—
(i)
the width that is required by a rule in a land use 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 a rule in a land use plan; or
(c)
in either case, any lesser width that is specified as a condition of the subdivision consent.
Interpretation
(8)
In this clause,—
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.
39 Esplanade reserves required to supplement land previously set aside or reserved
(1)
This clause 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 esplanade 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 clause 43 if—
(a)
a condition of the subdivision consent requires it; or
(b)
a rule in a land use plan requires it.
(3)
The registered owner of the allotment may be entitled to compensation (see clauses 64 and 65).
Location and width
(4)
A reserve required by this clause—
(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 esplanade land previously set aside or reserved and the required width.
Interpretation
(5)
In this clause,—
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 this Act, the Resource Management Act 1991, or any earlier legislation replaced by the Resource Management Act 1991; 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 legislation (whether or not in force at the commencement of this clause); 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 legislation
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 clause 38 if no esplanade land had been previously set aside from it.
(6)
For the purposes of the definition of required width in subclause (5), clause 38 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 clause.
40 New esplanade reserves and esplanade strips required when land is reclaimed
(1)
This clause applies if, when land is reclaimed in accordance with a natural resource permit under the Natural Environment Act 2026, any allotment is created that—
(a)
is adjacent to the coastal marine area 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 clause 43 if a condition of the natural resource permit for the reclamation requires it.
(3)
An esplanade strip must be created under clause 44, but only if it is required as a condition of the natural resource permit for the reclamation.
Compare: 2023 No 46 s 613
41 Approval of survey plans if esplanade reserve or esplanade strips required
(1)
A territorial authority must not approve a survey plan submitted under clause 17 unless any esplanade reserve or esplanade strip required under this subpart is shown on the survey plan.
(2)
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 Surveyor-General considers appropriate.
(3)
Despite subclause (1), a territorial authority may approve a survey plan submitted under clause 17 (the primary survey plan) that does not show an esplanade reserve or esplanade strip required under this subpart if—
(a)
the esplanade reserve or esplanade strip is required for a subdivision to be effected by the grant of a cross lease, the grant of a company lease, or the deposit of a unit plan; and
(b)
it is not practical to show the esplanade reserve or esplanade strip on the primary survey plan; and
(c)
a separate survey plan showing the esplanade reserve or esplanade strip (a secondary survey plan) has been prepared and submitted to the territorial authority for approval under this clause.
(4)
If a territorial authority approves a secondary survey plan,—
(a)
a memorandum to that effect must be included on both the primary survey plan and the secondary survey plan; and
(b)
the secondary survey plan must be deposited before, or at the same time as, the primary survey plan.
(5)
Nothing in section 23 or any other provision of this schedule applies to a secondary survey plan.
(6)
Subclause (4)(b) is a deposit requirement for the purposes of clause 21.
42 Esplanade strips created by agreement
43 Esplanade reserves to vest on subdivision
(1)
This clause applies if—
(a)
(b)
clause 40 requires an esplanade reserve to be set aside from an allotment when land is reclaimed under the Natural Environment Act 2026.
(2)
After a survey plan for the subdivision, or reclamation plan for the reclamation, is deposited in accordance with this schedule, 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 clause 31.
(3)
For the purposes 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.
44 How esplanade strips are created
(1)
An esplanade strip is created by the registration under the Land Transfer Act 2017 of an instrument that complies with clauses 45 and 46.
(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)
Subclause (2) is a deposit requirement for the purposes of clauses 21 and 74.
45 Registration requirements for instrument that creates esplanade strip
(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)
(3)
If the esplanade strip is created by agreement (see clause 42),—
(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 included in the relevant instrument.
Compare: 2023 No 46 Schedule 11 cl 2
46 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)
contain any provisions required by the following clauses:
(i)
clause 57 (provisions prohibiting certain actions):
(ii)
clause 58 (provisions relating to access for esplanade strip created for access purposes or access strips):
(iii)
clause 59 (provisions relating to access for esplanade strips created for recreational purposes); and
(g)
provide for any modifications or exclusions decided under subclause (4).
(3)
(4)
The decisions are as follows:
(a)
which provisions in the following clauses (if any) to modify (including by imposing conditions) or to exclude from the instrument:
(i)
clause 60 (provisions prohibiting certain other actions):
(ii)
clause 61 (provisions relating to fencing):
(iii)
clause 62 (provisions relating to closure):
(iv)
clause 63 (provisions relating to access for esplanade strips created for conservation values), if that clause applies:
(b)
whether it is appropriate for the instrument to provide for any other matters.
(5)
When making the decisions, the relevant persons must consider—
(a)
any relevant rules in the land use 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 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.
47 Closure of esplanade strip to public
(1)
An esplanade strip may be closed to the public—
(a)
for the times and periods specified in the relevant instrument; 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, if 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, subclause (2) does not apply if the instrument provides that another person is responsible for that notification.
48 Effect of change of boundary to esplanade strip
(1)
This section applies if, for any reason, any of the following alters in a way that affects the boundary of an esplanade strip within an allotment:
(a)
the mark of mean high-water springs:
(b)
the bank of a river:
(c)
the margin of a lake.
(2)
A new esplanade strip that coincides with the alteration is created simultaneously with the alteration.
(3)
The instrument that created the original 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 esplanade strip.
(4)
The new esplanade strip—
(a)
has the same dimensions, and is 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 requires) the original esplanade strip.
(5)
A 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.
49 Variation or cancellation of 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—
(a)
describe the strip and its location; and
(b)
include an assessment of the effects of varying or cancelling the instrument.
(3)
Section 197 applies to the application, with all necessary modifications, as if it were an application by a consent holder for a change or cancellation of a condition of a planning consent.
(4)
A territorial authority may initiate a review to vary or cancel an esplanade strip by preparing a statement covering the matters specified in subclause (2).
(5)
Sections 199 to 202 apply to the review, with all necessary modifications, as if it were a review of conditions of a planning consent initiated by the territorial authority.
(6)
The territorial authority must have regard to the following matters when considering an application or a review:
(a)
the matters set out in section 164(1), which applies with all necessary modifications:
(b)
the purpose or purposes for which the esplanade strip was created (see clause 37):
(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.
(7)
After all the appeals (if any) are finally determined, the territorial authority must lodge for registration with the Registrar-General of Land a certificate (signed by the chief executive or other authorised officer of the territorial authority) that specifies any variations to the instrument or that the instrument is cancelled (as the case requires).
(8)
The Registrar-General of Land must make an appropriate entry in the register and on the instrument noting any variations or any cancellation.
(9)
The instrument takes effect as varied or, if cancelled, ceases to have effect.
50 Vesting of esplanade reserve or bed of lake or river 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 lake or river,—
(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 with the Registrar-General of Land.
(3)
Any esplanade reserve vested under this clause may be included in an existing reserve.
(4)
If subclause (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)
Subclause (1) applies despite anything to the contrary in the Reserves Act 1977.
Subpart 2—Access strips
51 Purpose of access strip
(1)
The purpose of an access strip is to allow public access—
(a)
to or along a lake or river 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, subclause (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 or an Act named in Schedule 1 of that Act.
52 Access strips created by agreement
53 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 clause 54.
(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 included in the relevant easement.
Compare: 1991 No 69 s 237B(5), (7); 2023 No 46 Schedule 11 cl 6
54 Requirements for easement that creates access strip
(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 easement 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)
(c)
provide for modifications or exclusions agreed by the parties under subclauses (3) and (4).
(3)
The parties must decide—
(a)
(b)
whether it is appropriate for the easement to provide for any other matters.
(4)
When making those decisions, the parties must consider—
(a)
any relevant rules in the land use 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 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.
Compare: 1991 No 69 s 237B(2)–(4); 2023 No 46 Schedule 11 cls 7, 8
55 How easement to create access strip is varied or cancelled
(1)
The local authority and the registered owner may, by agreement, vary or cancel an easement that creates an access strip after taking into account—
(a)
clause 54(3) and (4); and
(b)
any change in circumstances.
(2)
If a variation or cancellation is agreed,—
(a)
the territorial authority must lodge for registration with the Registrar-General of Land a certificate (signed by the chief executive or other authorised officer of the territorial authority) that specifies the variations to the easement or that the easement is cancelled; and
(b)
the Registrar-General of Land must make an appropriate entry in the register and on the easement noting the variation or cancellation; and
(c)
the easement takes effect as varied or, if cancelled, ceases to have effect.
Compare: 1991 No 69 s 237B(7)–(8); 2023 No 46 Schedule 11 cl 9
56 Closure of access strip to public
(1)
An access strip may be closed to the public—
(a)
for the times and periods specified in the relevant easement; 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, if 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, subclause (2) does not apply if the easement provides that another person is responsible for that notification.
Subpart 3—Provisions in instrument to create esplanade strip or easement to create access strip
Provisions that must be included in instruments and easements
57 Provisions prohibiting certain actions
An instrument that creates an esplanade strip or an easement that creates an access strip 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; or
(ii)
wilfully interferes with or disturbs any livestock lawfully permitted on the relevant land.
Compare: 1991 No 69 Schedule 10 cl 1; 2023 No 46 Schedule 11 cl 11
58 Provisions relating to access: esplanade strip created for access purposes and access strips
An instrument that creates an esplanade strip for access purposes, or an easement that creates an access strip, 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 the right of access is subject to other provisions of the instrument or easement.
Compare: 1991 No 69 Schedule 10 cl 5; 2023 No 46 Schedule 11 cl 14
59 Provisions relating to access: esplanade strips created for recreational purposes
An instrument that creates an esplanade strip for public recreational use 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; 2023 No 46 Schedule 11 cl 17
Provisions that may be included in instruments and easements by agreement
60 Provisions prohibiting certain other actions
An instrument that creates an esplanade strip or an easement that creates an access strip may include prohibitions on 1 or more of the following:
(a)
lighting any fire:
(b)
carrying any firearm:
(c)
discharging or shooting any firearm:
(d)
camping:
(e)
taking any animal onto, or having charge of any animal on, the relevant land:
(f)
taking any vehicle onto, 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; 2023 No 46 Schedule 11 cl 12
61 Provisions relating to fencing
An instrument that creates an esplanade strip or an easement that creates an access strip 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; 2023 No 46 Schedule 11 cl 13
62 Provisions relating to closure
An instrument that creates an esplanade strip or an easement that creates an access strip 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; 2023 No 46 Schedule 11 cl 15
63 Provisions relating to access for esplanade strips created for conservation values
An instrument that creates an esplanade strip for the protection of conservation values 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 the right of access is subject to other provisions of the instrument.
Compare: 1991 No 69 Schedule 10 cl 4; 2023 No 46 Schedule 11 cl 16
Part 4 Compensation
64 Compensation when esplanade reserve taken from allotment of less than 4 hectares
(1)
(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 any area of land taken for the reserve that is more than 20 metres from the mark of mean high-water springs, the bank of the river, or the margin of the lake.
(3)
The territorial authority must pay the compensation to the registered owner of the allotment, unless the owner agrees otherwise.
65 Compensation when esplanade reserve or strip taken from allotment of 4 hectares or more
(1)
(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.
66 Compensation when bed of river or bed of lake vests in territorial authority or Crown
(1)
This clause applies if, when land is subdivided under this Act,—
(a)
any part of an allotment that is within the bed of a lake or river vests in the territorial authority or the Crown (see clause 31); 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 territorial authority or the Crown, as the case may be, must pay compensation to the registered owner of that allotment, unless the registered owner agrees otherwise.
Compare: 1991 No 69 s 237G(1)(a), (2); 2023 No 46 s 597
67 Compensation when land becomes part of common marine and coastal area
(1)
This clause applies if, when land is subdivided under this Act,—
(a)
any part of an allotment is in the coastal marine area; and
(b)
clause 32 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); 2023 No 46 s 598
68 Amount of compensation
(1)
For the purposes of clauses 64 to 67, 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 clause 69.
Compare: 1991 No 69 s 237H(1), (4); 2023 No 46 s 599
69 How to object to determinations of amount of compensation
(1)
Any objection to a valuer’s determination under clause 68(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); 2023 No 46 s 600
Part 5 Reclamation
70 Requirement for approval and deposit of reclamation plans after reclamation
(1)
This clause applies to any person who is granted a natural resource permit for a reclamation under the Natural Environment Act 2026.
(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 reclamation plan to the relevant regional council (as permit authority under the Natural Environment Act 2026) for its approval.
Approval of reclamation plans
71 Regional council may approve reclamation plans
After receiving a reclamation plan under clause 70, 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 clause 72 are not met, decline the reclamation plan and notify that decision and the reasons for it to the person who submitted the plan.
72 Requirements for reclamation plans
(1)
The requirements for a reclamation plan are as follows:
(a)
the reclamation must comply with the natural environment plan; and
(b)
the reclamation and the reclamation plan must comply with the natural resource permit; and
(c)
in respect of any condition of the natural resource permit that has not been complied with,—
(i)
a bond must have been given under section 178(1)(c) of the Natural Environment Act 2026; or
(ii)
a covenant must have been entered into under section 178(1)(e) of that Act; and
(d)
the reclamation plan must comply with subclause (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 clause 40 requires to be set aside as an esplanade reserve or created as an esplanade strip.
Compare: 1991 No 69 s 245(2), (4); 2023 No 46 s 604
73 Certificate of approval by regional council
(1)
This clause applies if a regional council approves a reclamation plan under clause 71.
(2)
The chief executive or an authorised officer of the regional council must issue a certificate of approval.
(3)
The certificate is issued—
(a)
by the chief executive or authorised officer 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 for the purposes of this clause.
(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 environment plan; and
(ii)
the natural resource permit for the reclamation; and
(d)
a statement that, for any condition of the natural resource permit that has not been complied with,—
(i)
a bond has been given under section 178(1)(c) of the Natural Environment Act 2026; or
(ii)
a covenant has been entered into under section 178(1)(e) of that Act.
(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.
(7)
Subclause (6) is a deposit requirement for the purposes of clause 74.
Compare: 1991 No 69 s 245(5), (6); 2023 No 46 s 605
How reclamation plans are deposited
74 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 clause 71, the holder of the natural resource permit for the reclamation must provide the approved reclamation plan to the Registrar-General of Land for deposit.
(2)
The Registrar-General of Land, after receiving a reclamation plan,—
(a)
may, if the deposit requirements for the purposes of this clause are satisfied, deposit the plan; or
(b)
must, if any of the deposit requirements for the purposes of this clause are not satisfied, decline to deposit the plan and must notify the natural resource permit 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 regional council has approved the plan within the previous 3 years; and
(b)
a copy of the certificate issued under clause 73(2) is lodged with the Registrar-General of Land.
Compare: 1991 No 69 s 246(1), (2); 2023 No 46 s 606
75 Deposit requirements for reclamation plans
The following clauses set deposit requirements for the purposes of clause 74:
(a)
clause 44(3) (how esplanade strips are created):
(b)
clause 73(7) (certificate of approval by regional council).
Compare: 1991 No 69 s 246(1), (2); 2023 No 46 s 607
76 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 clause 37, as a local purpose reserve that is subject to section 23 of the Reserves Act 1977.
(2)
This clause prevails over section 167 of the Land Act 1948.
Compare: 1991 No 69 s 246(3), (4); 2023 No 46 s 608
Vesting of reclaimed land
77 Vesting of reclaimed land
(1)
A person may apply to the relevant Minister for a right, title, or interest in any land to be vested in that person if—
(a)
the land has been reclaimed and, before it was reclaimed, the land formed part of the bed of a lake or river that is land of the Crown; or
(b)
the land is proposed to be reclaimed and the land forms part of the bed of a lake or river that is land of the Crown.
(2)
The relevant Minister may, if they think fit, by notice in the Gazette, vest in the applicant any right, title, or interest in any area of land described in subclause (1), but only—
(a)
if satisfied that the regional council has issued a certificate in respect of that land under clause 73; and
(b)
after determining an appropriate price (if any) to be paid by the applicant.
(3)
A Gazette notice published under subclause (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 it is received from the Minister.
(4)
The Registrar-General of Land must, in accordance with a request made under subclause (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)
In this clause, relevant Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for administering the Land Transfer Act 2017.
Compare: 1991 No 69 s 355
78 Application for consent to unlawful reclamation
(1)
This clause applies if, at any time before or after the commencement of this clause, land has been unlawfully reclaimed from the coastal marine area.
(2)
A person may apply under section 136 of the Natural Environment Act 2026 for a coastal permit authorising that reclamation, as if the land were still situated within the coastal marine area.
(3)
The permit authority may grant that application in accordance with Part 4 of the Natural Environment Act 2026, as if the land were still situated within the coastal marine area.
Compare: 1991 No 69 s 355A
Schedule 8 Enforcement matters
Contents
1 Application and interpretation of terms
(1)
This schedule sets out further provisions that apply to matters relating to enforcement under this Act and the Natural Environment Act 2026.
(2)
When this schedule is applied for the purposes of this Act, unless the context otherwise requires, a term used in this schedule that is defined in section 3 has the meaning given in section 3.
(3)
When this schedule is applied for the purposes of the Natural Environment Act 2026, unless the context otherwise requires,—
(a)
a term used in this schedule that is defined in section 3 of the Natural Environment Act 2026 has the meaning given in section 3 of that Act:
(b)
a reference to this Act must be read as reference to the Natural Environment Act 2026:
(c)
a reference to a planning consent must be read as a reference to a natural resource permit:
(d)
a reference to a consent authority must be read as a reference to a permit authority.
Financial assurances
2 Local authority, consent authority, or EPA may require financial assurance
(1)
A local authority, a consent authority, or the EPA may require a person undertaking a particular activity to provide a financial assurance.
(2)
A consent authority may include a condition in a planning consent that requires a person undertaking a particular activity to provide a financial assurance.
(3)
The purpose of a financial assurance is to secure the performance of obligations relating to a particular activity, including by providing security for the costs and expenses associated with—
(a)
remediation or clean-up; or
(b)
long-term management; or
(c)
any other obligation relating to the activity.
(4)
If the local authority, the consent authority, or the EPA requires a person to provide a financial assurance, it must notify the person in writing of the form and amount or value of the financial assurance.
(5)
If a person is given notice under subclause (4), the person must provide the financial assurance within a period, not less than 30 working days, to be specified by the local authority, the consent authority, or the EPA.
(6)
Regulations made for the purposes of this clause may—
(a)
specify—
(i)
that a particular activity is a high-risk activity; or
(ii)
that a particular site is a high-risk site (for example, a site that contains contaminated land); and
(b)
require a local authority, consent authority, or the EPA to require a financial assurance from the person undertaking the activity that is a high-risk activity, or located on a high-risk site, specified under paragraph (a).
Compare: 2023 No 46 s 674
3 Form of financial assurance
(1)
A local authority, a consent authority, or the EPA 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 local authority, the consent authority, or the EPA.
Compare: 2023 No 46 s 675
4 Bonds
(1)
A bond may be given for the performance of any 1 or more conditions that the local authority, the consent authority, or the EPA considers appropriate and may continue after the expiry of the planning 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 planning consent or permission is exercised or at any other time:
(b)
require that clause 5 apply to the bond:
(c)
provide that the liability of the holder of the planning 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 planning consent or permission to provide any security that the local authority, the consent authority, or the EPA thinks fit for the performance of any condition of the bond:
(f)
require the holder of the planning consent or permission to provide a guarantor (acceptable to the local authority, the consent authority, or the EPA) 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 local authority, the consent authority, or the EPA.
(3)
If a local authority, the consent authority, or the EPA considers that an adverse effect may continue or arise at any time after the expiration of a planning consent or permission granted by it, the local authority, the consent authority, or the EPA may require that a bond continue for a specified period that it thinks fit.
5 Special provisions in respect of bonds
(1)
A bond given under clause 4 in respect of a planning consent, and any other bond to which this subclause 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 purpose of ascertaining whether the work has been completed to the satisfaction of the local authority or the EPA, they 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 planning consent or other permission (or within any further period that the local authority or the EPA may allow), to complete, to the satisfaction of the local authority or the EPA, any work in respect of which any bond is given (including the completion of any interim monitoring required),—
(a)
the local authority or the EPA 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 local authority or the EPA 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 local authority or the EPA, any money or securities remaining in the hands of the local authority or the EPA 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 local authority or the EPA under subclause (4) exceeds the amount recovered by it under that subclause, the amount of that excess is a debt due to the local authority or the EPA by the holder, and becomes a charge on the land.
(6)
The provisions of this schedule continue to apply despite the entry into, or subsequent variation or cancellation of, any bond.
Compare: 2023 No 46 s 677
6 Amount or value of financial assurance
The local authority, the consent authority, or the EPA may determine the amount or value 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 or value of financial assurances published by the local authority, the consent authority, the EPA, or the Crown; and
(c)
any method for calculating the amount or value of the financial assurance proposed by the applicant; and
(d)
any independent assessment obtained by the local authority, the consent authority, or the EPA; and
(e)
any guidance issued by the chief executive of the department.
Compare: 2023 No 46 s 678
7 Independent assessment of amount or value of financial assurance
(1)
For the purpose of determining the amount or value of a financial assurance, the local authority, the consent authority, or the EPA may require a person to provide an independent assessment of a matter within a period specified by the local authority, the consent authority, or the EPA.
(2)
If the local authority, the consent authority, or the EPA requires a person to provide an independent assessment under subclause (1), the person must pay any costs associated with obtaining the independent assessment.
(3)
An independent assessment required by the local authority, the consent authority, or the EPA under subclause (1) must be conducted by a suitably qualified person.
Compare: 2023 No 46 s 679
8 Method for calculating financial assurance amount
(1)
The local authority, the consent authority, or the EPA may publish a method for calculating financial assurance amounts.
(2)
The local authority, the consent authority, or the EPA must publish the method on the internet site of the local authority, the consent authority, or the EPA, as the case may be.
Compare: 2023 No 46 s 680
9 Costs associated with financial assurance
A person who is required to provide a financial assurance is responsible for all reasonable costs incurred by the local authority, the consent authority, or the EPA that are associated with—
(a)
providing the financial assurance; and
(b)
determining the form and amount of a financial assurance.
Compare: 2023 No 46 s 681
10 Local authority, consent authority, or EPA may review financial assurance
(1)
The local authority, the consent authority, or the EPA may review—
(a)
the requirement for a person to provide a financial assurance:
(b)
the amount or value of a financial assurance:
(c)
the form of a financial assurance:
(d)
the terms or requirements of the financial assurance.
(2)
The local authority, the consent authority, or the EPA may review a financial assurance in any case or class of cases prescribed by a national standard.
(3)
This clause is subject to, and must be read together with,—
(a)
sections 198 to 202 of this Act, or sections 200 to 204 of the Natural Environment Act 2026, which provide for the review of the conditions of a planning consent or natural resource permit; and
(b)
any applicable conditions of the consent or permit.
Compare: 2023 No 46 s 682
11 Local authority, consent authority, or EPA may amend financial assurance
(1)
The local authority, the consent authority, or the EPA may, subject to subclause (2), amend—
(a)
the form of a financial assurance:
(b)
the amount or value of a financial assurance:
(c)
the form and the amount or value of a financial assurance.
(2)
If, following a review, the local authority, the consent authority, or the EPA proposes to amend a financial assurance, it 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 local authority, the consent authority, or the EPA decides to amend a financial assurance, it must notify the person in writing of the decision.
(4)
On amending a financial assurance, the local authority, the consent authority, or the EPA—
(a)
may make any changes that it considers necessary to implement that amendment in an instrument or a document; and
(b)
despite anything to the contrary in this Act or national instruments, may make any changes that it considers necessary to implement the amendment in a planning consent or other permission under this Act by complying only with this clause.
(5)
If a person is given notice under subclause (3) and is required to provide a further form, amount or value, or form and amount or value 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 local authority, the consent authority, or the EPA.
Compare: 2023 No 46 s 683
12 EPA may not review or amend financial assurance for consent on own initiative
Clauses 10 and 11 do not allow the EPA, on its own initiative, to review or amend the form or amount or value of a financial assurance provided as a condition of a planning consent.
13 Local authority, consent authority, or EPA may make a claim on financial assurance
(1)
This clause applies if—
(a)
the local authority, the consent authority, or the EPA determines that the person who provided a financial assurance has failed to perform the obligations in relation to which the financial assurance was provided; or
(b)
the local authority, the consent authority, or the EPA has performed the obligations in relation to which the financial assurance was provided.
(2)
The local authority, the consent authority, or the EPA may make a claim on a financial assurance for any reasonable costs it incurred, or that it considers are likely to be incurred, in performing the obligations.
(3)
The local authority, the consent authority, or the EPA may make a claim on a financial assurance with respect to a power specified in subclause (1)(b) whether or not any costs it incurred in performing the obligations are the result of an act or omission before the financial assurance was provided.
(4)
If the local authority, the consent authority, or the EPA makes a claim under this clause and the costs it incurred in performing the obligations exceed the amount of the financial assurance, it may recover as a debt due to the Crown in a court of competent jurisdiction any reasonable costs it incurred in performing the obligations.
(5)
If the local authority, the consent authority, or the EPA makes a claim under this clause, nothing in this schedule prevents it from making a further claim for reasonable costs it incurred, or that it considers are likely to be incurred, in performing the obligations.
(6)
Any money recovered under this clause is to be paid to the local authority, the consent authority, or the EPA.
Compare: 2023 No 46 s 684
14 Procedure for claim on financial assurance
(1)
Before the local authority, the consent authority, or the EPA makes a claim on a financial assurance for a matter specified in clause 15, it 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 intention of the local authority, the consent authority, or the EPA to make a claim within 20 working days after the date of the notice; and
(c)
consider any submissions made within the period specified in paragraph (b).
(2)
The local authority, the consent authority, or the EPA may proceed with the claim 10 working days after the day on which it receives any submissions or within the period specified in subclause (1)(b), whichever occurs first.
(3)
The local authority, the consent authority, or the EPA must notify the person who provided the financial assurance of a decision under subclause (2) in writing within 5 working days after the day of the decision.
Compare: 2023 No 46 s 685
15 Procedure for claim on financial assurance in event of immediate or serious risk
If the local authority, the consent authority, or the EPA makes a claim on a financial assurance for a matter specified in clause 13 that involves an immediate or serious risk to life or the environment, it must—
(a)
notify the person who provided the financial assurance in writing within 10 working days after the date of the claim; and
(b)
give reasons for making the claim.
Compare: 2023 No 46 s 686
16 Notice to replenish financial assurance
(1)
If the local authority, the consent authority, or the EPA makes a claim on a financial assurance, it may, by giving notice in writing, require the person who provided the financial assurance to replenish the amount or value of the financial assurance.
(2)
The notice must set out the amount or value the person is required to provide to replenish the amount or value of the financial assurance consequent to the claim.
(3)
The person who is given the notice must provide the amount or value required to replenish the financial assurance within a period, not less than 30 working days, to be specified by the local authority, the consent authority, or the EPA.
Compare: 2023 No 46 s 687
17 Specified conditions for release of financial assurance
(1)
The local authority, the consent authority, or the EPA must release all or part of a financial assurance (as the case requires) in any case or class of cases prescribed by national standards.
(2)
If the local authority, the consent authority, or the EPA releases all or part of a financial assurance, the local authority, the consent authority, or the EPA must notify the person who provided the financial assurance in writing.
Compare: 2023 No 46 s 688
18 Application for release of financial assurance
(1)
A person who provides a financial assurance under this schedule may apply at any time to the local authority, the consent authority, or the EPA for the release of all or part of the financial assurance.
(2)
In considering an application under subclause (1), the local authority, the consent authority, or the EPA must—
(a)
have regard to the prescribed risk-assessment criteria (if any); and
(b)
notify the person of the decisions of the local authority, the consent authority, or the EPA within 40 working days after the date on which it receives the application.
(3)
If, in considering an application under subclause (1), the local authority, the consent authority, or the EPA determines further information is required, it may—
(a)
request the person to provide further information; and
(b)
extend the period specified in subclause (2)(b).
Compare: 2023 No 46 s 689
19 Transfer of financial assurance
(1)
(2)
The local authority, the consent authority, or the EPA must notify the person in writing of a decision to transfer a financial assurance.
(3)
On transferring a financial assurance, the local authority, the consent authority, or the EPA may make any changes it considers necessary to implement the transfer in an instrument or document.
(4)
If a person is given notice under subclause (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 local authority, the consent authority, or the EPA.
Compare: 2023 No 46 s 690
20 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 local authority, the consent authority, or the EPA:
(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 subclause (1) when it is due, the local authority, the consent authority, or the EPA may suspend the relevant planning consent or other permission until the person fulfils the requirement.
Compare: 2023 No 46 s 691
Adverse publicity orders
21 Adverse publicity orders
(1)
An order under this clause (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 local authority or the EPA; or
(b)
be made by the District Court in proceedings in that court for an offence under this Act on application by the prosecutor.
(2)
An adverse publicity order may be made against a person only if the person—
(a)
is convicted of an offence against this Act in relation to the non-compliance; or
(b)
is ordered to pay a pecuniary penalty under this Act in relation to the non-compliance.
(3)
An adverse publicity order may require the person to do 1 or more of the following:
(a)
take any specified action to publicise—
(i)
the non-compliance:
(ii)
any effects on the built environment, natural resources or people, 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).
(4)
If an appeal is lodged against the conviction or pecuniary penalty in relation to the non-compliance to which the adverse publicity order relates, the order is stayed until the appeal is determined.
Compare: 2023 No 46 s 673
Enforceable undertakings
22 Local authority or the EPA may accept enforceable undertakings
(1)
A local authority or the EPA 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, regulations, or a national rule.
(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: 2023 No 46 s 665
23 Undertaking may include requirements as to compensation or penalties
(1)
An undertaking under clause 22 may include—
(a)
an undertaking to pay compensation to any person or otherwise take action to avoid, remedy, or mitigate any actual or likely adverse effects arising from a contravention, involvement in a contravention, or possible contravention or involvement in a contravention of this Act, regulations, or a national rule:
(b)
an undertaking to pay to the local authority or the EPA 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:
(c)
an undertaking to carry out restoration activities or projects for the remediation of any adverse effects arising from the contravention, involvement in a contravention, or possible contravention or involvement:
(d)
an undertaking to implement measures to avoid or mitigate the likelihood of a contravention or involvement in a contravention.
(2)
The local authority or the EPA must apply the amount collected under subclause (1)(b) to the purpose for which the amount was collected.
(3)
If an undertaking referred to in subclause (1) is given, the local authority or the EPA must give notice of that undertaking on their internet site (whether or not it gives notification of other undertakings given in relation to the same matter).
(4)
The notice under subclause (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, remedy, or mitigate 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 clause does not limit clause 22.
Compare: 2023 No 46 s 666
24 Notice of decision and reasons for decision
The local authority or the EPA 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: 2023 No 46 s 667
25 When enforceable undertaking is enforceable
An enforceable undertaking takes effect and becomes enforceable when the decision of the local authority or the EPA to accept the undertaking is given to the person who made the undertaking, or at any later date specified by the local authority or the EPA.
Compare: 2023 No 46 s 668
26 Compliance with enforceable undertaking
A person must not contravene an enforceable undertaking given by that person that is in force.
Compare: 2023 No 46 s 669
27 Contravention of enforceable undertaking
(1)
The local authority or the EPA may apply to the Environment 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—
(a)
make an order directing the person to comply with the undertaking; or
(b)
make an order discharging the undertaking.
(3)
In addition to the orders referred to in subclause (2), the court may make any other order that the court considers appropriate in the circumstances, including any of the following:
(a)
an order directing the person to pay to the local authority or the EPA—
(i)
the costs of the proceedings:
(ii)
the reasonable costs of the local authority or the EPA to monitor compliance with the enforceable undertaking in the future:
(b)
an order directing the person to remedy or provide compensation for any adverse effects arising from the contravention.
(4)
This clause does not prevent proceedings being brought for the contravention or alleged contravention of this Act, regulations, or a national rule, being a contravention or an alleged contravention to which the enforceable undertaking relates if the undertaking is not complied with.
Compare: 2023 No 46 s 670
28 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 local authority or the EPA,—
(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, regulations, or a national rule.
(3)
The local authority or the EPA must publish, on an internet site maintained by or on their behalf, notice of the withdrawal or variation of an enforceable undertaking.
Compare: 2023 No 46 s 671
29 Proceedings for alleged contravention
(1)
No proceedings (whether civil or criminal) for a contravention or an alleged contravention of this Act, regulations, or a national rule 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, regulations, or a national rule 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 local authority or the EPA 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 local authority or the EPA accepts an enforceable undertaking before the proceedings are completed, it must take all reasonable steps to have the proceedings discontinued as soon as practicable.
Compare: 2023 No 46 s 672
Monetary benefit orders
30 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, on application by a local authority or the EPA, 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 benefit 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 (a monetary benefit order).
(2)
When determining an amount that the person must pay under a monetary benefit order, the court may take into account—
(a)
the person’s financial circumstances; and
(b)
any amount submitted to the court by the local authority or the EPA under subclause (3) or the person under subclause (4).
(3)
The local authority or the EPA may submit to the court the amount it considers to be a reasonable estimate of the monetary benefit 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 is sought, as determined in accordance with—
(a)
a prescribed guideline, method, or protocol; or
(b)
any other method the local authority or the EPA considers appropriate.
(4)
The person has a right of reply to the submission of the local authority or the EPA under subclause (3).
(5)
For the purposes of subclause (1), the court may assume that an amount represents any monetary benefit 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 local authority or the EPA submits that amount to the court under subclause (3); and
(b)
the local authority or the EPA determined that amount in accordance with a prescribed guideline, method, or protocol.
(6)
Any amount received as the payment of a monetary benefit order must be paid as follows:
(a)
a sum equal to 10% of the amount must be deducted and paid into a Crown Bank Account:
(b)
the remaining amount must be paid to the local authority or the EPA.
(7)
The making of a monetary benefit order, or the payment of any amount under that order, must not be taken into account when determining the value of any other penalty imposed on the person in relation to the same offence or contravention.
(8)
In this clause, monetary benefit—
(a)
means a monetary, financial, or economic benefit; and
(b)
includes any monetary, financial, or economic benefit that 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: 2023 No 46 s 660
Pecuniary penalty orders
31 Pecuniary penalty order
(1)
The Environment Court, on application by a local authority or the EPA, may order a person to pay a pecuniary penalty if the court is satisfied that the person has contravened or permitted a contravention of this Act, regulations, or a national rule.
(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 clause is the standard of proof that applies in civil proceedings.
(4)
The local authority or the EPA may apply for an order of the court to obtain discovery and administer interrogatories.
(5)
Any amount received as the payment of an order made under subclause (1) must be paid as follows:
(a)
a sum equal to 10% of the amount must be deducted and paid into a Crown Bank Account:
(b)
the remaining amount must be paid to the local authority or the EPA.
Compare: 2023 No 46 s 717
32 Liability of principals and employers
(1)
If a person who is liable under clause 31 (person A) was acting as the agent or employee of another person (person B) at the time of the non-compliance, person B is liable under clause 31 as if person B had personally failed to comply.
(2)
Subclause (1) does not prejudice the liability of person A.
(3)
If an application is brought against person B under subclause (1), 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, about the contravention; or
(B)
that person B took all reasonable steps to prevent the contravention; 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, about the contravention; or
(B)
that person B took all reasonable steps to prevent the contravention; and
(b)
person B proves that they took all reasonable steps to remedy any effects of the act or omission giving rise to the contravention.
(4)
If the Environment Court makes an order under clause 31 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’s 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: 2023 No 46 s 718
33 Amount
(1)
In determining the appropriate amount of a pecuniary penalty under clause 31, 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, remedy, or mitigate the effects of the contravention.
(2)
The limits on the amounts of pecuniary penalty that the court may order are as follows:
(a)
for a natural person, the limit is $1,000,000:
(b)
for a person other than a natural person, the limit is $10,000,000.
Compare: 2023 No 46 s 719
34 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: 2023 No 46 s 720
35 Person not liable for conviction 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: 2023 No 46 s 721
Schedule 9 Environment Court
Contents
1 Interpretation
In this schedule, unless the context otherwise requires,—
ADR process means an alternative dispute resolution process (for example, mediation) designed to help to resolve a matter
clause 90 order means an order made under clause 90
Environment Court means the Environment Court continued by clause 3
extended order means a clause 90 order with the extended effect described in clause 90(2)(b)
limited order means a clause 90 order with the limited effect described in clause 90(2)(a).
2 Overview of this 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
(1)
The Environment Court continues to have a seal, and the Registrar is responsible for the seal.
(2)
The seal must be judicially noticed in all courts and for all purposes.
(3)
The seal may be applied to documents physically or electronically.
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
(c)
1 Environment Commissioner sitting alone to exercise any power conferred by clauses 29 to 31.
(2)
When an Environment Judge sits with an Environment Commissioner or special advisor, the Environment Judge presides at the sitting.
(3)
A decision of a majority of the members of the court present at a sitting is the decision of the court.
(4)
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 purposes 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, but 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; 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, but only if they are satisfied that the other employment or office is consistent with the Judge’s 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 consistent with being an Environment Judge or alternate Environment Judge; and
(b)
the offices, or types of offices, that they consider consistent with being an Environment Judge or alternate Environment Judge.
(2)
The Chief Justice must consult the Chief Environment Court Judge when preparing the protocol.
14 When 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 the 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.
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 85.
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 section 339 for an order to protect sensitive information, an order cancelling or varying any order made by an authority or independent hearings panel under that section:
(b)
on an application made at any stage of proceedings before the Environment Court, an order to protect sensitive information.
(2)
The Judge may—
(a)
make an order under this clause on any terms that the Judge thinks fit; or
(b)
decline to make an order under this clause.
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 perform the duties of office because of illness, absence from New Zealand, or any other reason; or
(b)
the office of the 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 a 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 Eligibility 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 a 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/the Treaty of Waitangi and kaupapa Māori.
Compare: 1991 No 69 s 253
25 Term of appointments
(1)
An Environment Commissioner or a 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 a 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 perform 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, 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 clause, 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 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 on Environment Commissioner 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 54.
Compare: 1991 No 69 s 280(1)
30 Powers conferred on Environment Commissioner 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 181 of this Act or section 182 of the Natural Environment Act 2026 (which provide a right of appeal against a decision of a consent authority or permit authority about a consent or permit and its 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 54 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 this 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 the 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)
Removal and resignation of members
33 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
34 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
35 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
36 Remuneration of special advisors
(1)
Each 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 purposes of this clause as if each special advisor were a member of a statutory board as defined in section 2 of that Act.
Compare: 1991 No 69 s 263
Registrar and other officers of court
37 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
38 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)
issuing a summons to require the attendance of a witness; and
(b)
making an order for the production of documents; and
(c)
convening a conference under clause 54.
(2)
An order made by the Registrar under this clause, or an application granted by the Registrar under clause 85 (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)
39 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 exercise of the power.
(4)
The Environment Judge may confirm, modify, or reverse the Registrar’s exercise of the power.
Compare: 1991 No 69 s 281B
Protection from legal proceedings
40 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)
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 or any other Act.
(3)
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 38 (powers of Registrar):
(b)
clause 85(5) (waivers and directions):
(c)
clause 86 (Registrar may waive, reduce, or postpone payment of fee).
(4)
No action lies against a special advisor appointed under clause 35 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
41 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
42 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
43 Powers of court for appeals
(1)
The Environment Court has the same power, duty, and discretion, in respect of a decision that is the subject of an appeal, as the person who made that decision.
(2)
The court may confirm, amend, or cancel a decision that is the subject of an appeal.
(3)
In deciding an appeal, the Environment Court must have regard to the decision that is the subject of the appeal.
(4)
Nothing in this clause affects any specific power or duty the court has under this Act or any other legislation.
(5)
This clause applies to the hearing of appeals on the merits, but does not apply to the hearing of appeals on a question of law.
44 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 or the Natural Environment Act 2026 relating to an amendment to a plan or proposed plan—
(a)
that is required to implement a direction in a national instrument; and
(b)
that the national instrument requires to be made without undergoing a process in Schedule 3.
(2)
The court may consider only the question of law raised.
Compare: 1991 No 69 s 290AA
Plans
45 Remedying defects in plans
(1)
The Environment Court may, in any proceedings before it, direct a local authority 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 3 does not apply to the amendment.
Compare: 1991 No 69 s 292
46 Environment Court may order change to proposed plans
(1)
This clause applies after the Environment Court hears an appeal against the provisions of any proposed plan that is before the court.
(2)
The court may—
(a)
direct the local authority to—
(i)
prepare changes to the proposed plan to address any matters identified by the court:
(ii)
consult the parties and other persons about the changes, as the court directs:
(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)
a national policy direction; or
(b)
a national standard; or
(c)
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)
a national policy direction:
(b)
a national standard:
(c)
a water conservation order.
(7)
The power to order changes to a proposed plan does not apply if the court heard the appeal on a question of law.
Compare: 1991 No 69 s 293
47 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 request made in reliance on section 106(1)(a):
(ii)
a submission made in reliance on section 106(1)(b):
(b)
an application made under section 106(1)(c).
(2)
The Environment Court must decide the matters referred to in subclause (1) in accordance with the procedures set out in this Act and in any regulations.
(3)
An application made under section 106(1)(c) must be—
(a)
made in accordance with clause 49; and
(b)
without limiting the discretion about service, served on every relevant local authority.
Compare: 1991 No 69 s 293A
Part 4 Procedure
General
48 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 55, 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
49 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 purposes 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
50 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 proceedings were, or are being, conducted.
Compare: 1991 No 69 s 287
Representation at proceedings
51 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)
the Minister of Conservation, in any case where the proceedings are brought in accordance with section 183 of the Natural Environment Act 2026 against the whole or any part of a decision of a permit authority on an application for—
(i)
a wildlife approval; or
(ii)
a change to approval conditions; or
(iii)
a review of approval conditions:
(c)
a local authority:
(d)
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 any statutory limitations placed on 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)
the submission complies with any requirements imposed on those making a 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)
52 How to become party to proceedings
(1)
A person who is entitled to be represented at proceedings before the Environment Court may become a party to the proceedings by giving notice in the prescribed manner within 15 working days after—
(a)
the period for lodging a notice of appeal ends, if the proceedings are an appeal:
(b)
the proceedings are commenced, in any other case.
(2)
The notice given under subclause (1) must be given to—
(a)
the Environment Court; and
(b)
the relevant local authority; and
(c)
the appellant, in the case of an appeal, or the person who commenced the proceedings in any other case.
Compare: 1991 No 69 s 274(2)–(2B)
53 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
54 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)
55 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)
the Minister of Conservation (if clause 51(1)(b) applies), any Minister, any local authority, or other person that or who has given notice of their intention to appear under clause 52.
(2)
Persons 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)
56 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
57 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)
Persons participating in an ADR process under this Act must comply with the prescribed process (if there is one).
Compare: 1991 No 69 s 268
Hearing
58 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 this Act; 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
59 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 to do so 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
60 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
61 Who may call evidence at proceedings
(1)
A person who becomes a party to proceedings under clause 51 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 proceedings; and
(b)
if the person becomes a party under clause 51(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 274(4)–(4B)
62 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 to give evidence a person 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:
(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 te reo Māori, and Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 applies accordingly.
Compare: 1991 No 69 s 276
63 Evidence of documents
(1)
If a copy of, or an 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 chief executive or by any other authorised officer of the relevant local authority.
Compare: 1991 No 69 s 276A
64 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
65 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
66 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
67 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—
(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)
68 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):
(d)
any alternate Environment Judge who is not authorised under paragraph (c).
Privileges and immunities
69 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
71 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
72 No other review of decisions unless right of appeal exercised
(1)
This clause applies if a person has a right, under this Act or any other legislation, to appeal to the Environment Court against a decision that is made under this Act or any other legislation by a local authority, a 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.
(3)
Subclause (2) applies to proceedings on the merits, but not proceedings that relate solely to any points of law.
Compare: 1991 No 69 s 296
73 Court decisions must be in writing
(1)
This clause applies to any decision, determination, or order of the Environment Court, unless it is pronounced orally at a sitting of the court.
(2)
The decision, determination, or order must be—
(a)
in writing; and
(b)
signed by the member who presided at the hearing or by a majority of the members who sat at the hearing; and
(c)
authenticated with the seal of the court.
Compare: 1991 No 69 s 297
Appeals against Environment Court decisions
74 Direct appeal to Court of Appeal
(1)
A party to an appeal before the Environment Court under any of the following clauses may appeal against the decision of the Environment Court on a question of law to the Court of Appeal:
(a)
clauses 29, 30, and 31 of Schedule 2 (which relate to appeals against decisions on draft regional spatial plans):
(b)
clauses 32, 33, 34, 35, and 52 of Schedule 3 (which relate to appeals against decisions on proposed land use plans and private plan changes under this Act, and appeals against decisions on proposed natural environment plans and private plan changes under the Natural Environment Act 2026):
(c)
clause 12(4) of Schedule 5 of the Natural Environment Act 2026 (which relates to appeals against decisions of a special tribunal).
(2)
The appeal must be made in accordance with subpart 8 of Part 6 of the Criminal Procedure Act 2011, and that subpart applies—
(a)
as if the Environment Court were the first appeal court (as in section 300 of that Act); and
(b)
with all other necessary modifications.
(3)
An appeal against the decision of the Court of Appeal may be made to the Supreme Court with the leave of the Supreme Court.
75 Appeal to High Court
(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, except as provided in subclause (2).
(2)
Subclause (1) does not apply to—
(a)
a decision of the Environment Court made on an appeal from the Planning Tribunal; or
(b)
a decision, report, or recommendation of the Environment Court for which clause 74 or any other legislation provides an appeal from that court directly to the Court of Appeal.
(3)
An appeal must be made in accordance with the High Court Rules 2016, except to the extent that the relevant rules are inconsistent with clauses 76 to 83.
Compare: 1991 No 69 s 299
76 Notice of appeal
(1)
A party (the appellant) may commence an appeal under clause 75 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
77 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 75 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 relevant decision or report and recommendation was made by the Environment Court after an appeal to it, the authority whose decision was the subject of the appeal.
Compare: 1991 No 69 s 301
78 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 their intention to appear under clause 77.
(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
79 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 the party is served a copy of the notice of appeal.
Compare: 1991 No 69 s 303
80 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
81 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 relevant 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
82 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 75 (appeal to High Court):
(b)
clause 76 (notice of appeal):
(c)
clause 77 (right to appear and be heard on appeal):
(d)
clause 79 (orders of the High Court):
(e)
clause 81 (additional appeals on questions of law).
Compare: 1991 No 69 s 306
83 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 79 (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
84 Appeals to Court of Appeal
(1)
A party to an appeal to the High Court under clause 75 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.
Compare: 1991 No 69 s 308(1)
Part 6 Miscellaneous and general provisions
Waivers and directions
85 Waivers and directions
Application for waiver or direction
(1)
A person may apply to the Environment Court for a waiver or direction about a prescribed time period, a requirement for service, or a matter of procedure relating to a proceeding.
Threshold for granting application
(2)
The court must not grant an application under this clause unless the court is satisfied,—
(a)
in relation to a waiver concerning a requirement about the time frame within which an appeal or a submission to the court must be lodged, that—
(i)
the appellant or applicant and the respondent consent to that waiver; or
(ii)
none of those parties who have not consented will be unduly prejudiced; and
(b)
for any other waiver, that none of the parties to the proceedings will be unduly prejudiced.
(3)
The court may waive a requirement about time whether or not an application under this clause is made before the requirement is breached.
Registrar may exercise powers under this clause
(4)
The Registrar may exercise a power referred to in this clause if the Chief Environment Court Judge confers that power on the Registrar.
(5)
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
86 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 subclause (4).
(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.
(4)
The Governor-General may from time to time, by Order in Council, make regulations prescribing, for the purpose of the Registrar deciding whether to waive, reduce, or postpone the payment of a fee under this clause, the criteria that the Registrar must apply to—
(a)
assess a person’s ability to pay a fee; and
(b)
identify proceedings that concern matters of public interest.
(5)
Regulations made under this clause are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: 1991 No 69 s 281A
| 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. | ||||
Costs
87 Awarding costs
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.
Compare: 1991 No 69 s 285
88 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
89 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
90 Order restricting person from commencing or continuing proceedings
(1)
A Judge may make an order (a clause 90 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.
91 Grounds for making clause 90 order
(1)
A Judge may make a clause 90 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 purposes of this clause and clauses 92 and 93, 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
92 Terms of clause 90 order
(1)
A clause 90 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 90 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
93 Procedure relating to clause 90 orders
(1)
A party to any proceeding may apply for a limited order or an extended order.
(2)
A Judge may make a clause 90 order either on an application under this clause or on the Judge’s own initiative.
(3)
A party subject to a clause 90 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 90 order does not prevent or affect the commencement of a private criminal prosecution in any case.
Compare: 1991 No 69 s 288F(1)–(6)
94 Appeals relating to clause 90 orders
(1)
The party against whom a clause 90 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 90 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
95 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
96 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
97 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 of Justice 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
Court rules
98 Rules of practice and procedure
(1)
The Governor-General may, by Order in Council, make rules regulating the practice and procedure of the Environment Court in the exercise of its jurisdiction—
(a)
under this Act:
(b)
under any other Act.
(2)
Rules made under subclause (1) may be made only with the concurrence of the Chief Environment Court Judge.
(3)
Rules 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 10 Planning Tribunal
Contents
Interpretation
1 Interpretation
In this schedule, unless the context otherwise requires,—
adjudicator means—
(a)
a person appointed to be an adjudicator under clause 8; and
(b)
includes a person holding office as an Environment Commissioner or a Deputy Environment Commissioner
ADR process means an alternative dispute resolution process (for example, mediation) designed to help to resolve a matter
Deputy Principal Adjudicator means the person appointed to be the Deputy Principal Adjudicator under clause 4
notification decision means a decision of a local authority—
(a)
to give public or targeted notification of an application for a planning consent or an application for a natural resource permit; or
(b)
not to give either form of notification of an application for a planning consent or an application for a natural resource permit; or
(c)
to notify a proposed designation for public or targeted submissions
Planning Tribunal and tribunal mean the tribunal established by clause 2
Principal Adjudicator means the person appointed to be the Principal Adjudicator under clause 4
Registrar means—
(a)
the Registrar of the tribunal, if one is appointed (see clause 13); or
(b)
the Registrar of the Environment Court, if the tribunal does not appoint a Registrar.
Establishment of tribunal
2 Establishment of Planning Tribunal
(1)
This clause establishes the Planning Tribunal.
(2)
The tribunal is a division of the Environment Court.
(3)
The tribunal has the jurisdiction and powers conferred on it by or under this Act or any other Act.
3 Planning Tribunal to use seal of Environment Court
(1)
The tribunal must use the seal of the Environment Court.
(2)
The seal must be used for sealing all documents that must be sealed or that the Principal Adjudicator elects to seal.
(3)
The seal may be applied to documents physically or electronically.
Membership of tribunal
4 Appointment of Principal and Deputy Principal Adjudicator
(1)
The Governor-General, on the recommendation of the Attorney-General, may appoint—
(a)
a person to be the Principal Adjudicator:
(b)
an adjudicator to be the Deputy Principal Adjudicator.
(2)
Before making a recommendation under subclause (1), the Attorney-General must consult the Minister or Ministers responsible for administration of this Act and the Natural Environment Act 2026.
(3)
The Principal Adjudicator and Deputy Principal Adjudicator must—
(a)
have had standing as a barrister or solicitor of the High Court of New Zealand for at least 7 years; and
(b)
in the opinion of the Attorney-General, have the appropriate knowledge, skills, and experience to carry out the functions and duties of the Principal Adjudicator.
(4)
A Principal Adjudicator and Deputy Principal Adjudicator are each appointed for a term of up to 5 years but may be reappointed.
5 Functions, duties, and powers of Principal Adjudicator
(1)
The Principal Adjudicator may sit as an adjudicator and exercise the same jurisdiction as an adjudicator.
(2)
The functions, duties, and powers of the Principal Adjudicator are,—
(a)
in consultation with the Chief Environment Court Judge, to ensure that the business of the tribunal is dealt with in an orderly and efficient manner so as to achieve the purpose of the tribunal, including by overseeing the rostering and performance of adjudicators; and
(b)
to direct the training and professional development of adjudicators; and
(c)
to advise adjudicators with a view to enhancing the quality of decision-making, but without interfering with the independence of an adjudicator’s decision-making; and
(d)
to establish a process to deal with complaints made about members of the tribunal, which must provide for any complaints about the Principal Adjudicator to be dealt with by the Chief Environment Court Judge; and
(e)
to report in writing to the Minister on the operation of the tribunal and its work; and
(f)
to issue practice notes—
(i)
relating to any type of proceeding dealt with by the tribunal; and
(ii)
as guidance for adjudicators and for parties appearing before the tribunal.
(3)
The Principal Adjudicator may, in accordance with clause 6, delegate any of the functions, duties, and powers of the Principal Adjudicator to an adjudicator who would be eligible to be appointed as the Principal Adjudicator.
(4)
The Principal Adjudicator must be satisfied that the delegate has the appropriate knowledge, skills, and experience to perform or exercise the functions, duties, and powers of the Principal Adjudicator.
(5)
A Deputy Principal Adjudicator has all the functions, duties, and powers of the Principal Adjudicator, subject to any directions issued by the Principal Adjudicator.
6 Delegation
(1)
A delegation under clause 5(3)—
(a)
must be in writing to a named person; and
(b)
is revocable at any time in writing; and
(c)
does not prevent the performance or exercise of a function, power, or duty by the Principal Adjudicator.
(2)
The delegate may perform or exercise any functions, duties, or powers in the same manner and to the same effect as if they had been conferred directly by this Act and not by delegation.
(3)
A person who appears to be acting under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
(4)
The delegate must be paid remuneration in accordance with the work undertaken in that capacity.
Compare: 1994 No 143 s 209A
7 Appointment of temporary acting Principal Adjudicator
(1)
If the Principal Adjudicator becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the Principal Adjudicator considers it is not proper or not desirable that they adjudicate on a particular claim, the Governor-General, on the recommendation of the Attorney-General, may appoint a suitable person as an acting Principal Adjudicator for the period or purpose stated in the appointment.
(2)
No person may be appointed as an acting Principal Adjudicator unless they are eligible for appointment under clause 4(3).
(3)
An acting Principal Adjudicator is, while acting in the position, to be treated as the Principal Adjudicator.
(4)
No appointment of an acting Principal Adjudicator, no act done by an acting Principal Adjudicator, and no act done by the tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.
8 Appointment of adjudicators
(1)
The Governor-General may, on the recommendation of the Attorney-General, appoint persons to be adjudicators of the tribunal for the purposes of this Act and the Natural Environment Act 2026.
(2)
Before making a recommendation under subclause (1), the Attorney-General must consult the Minister or Ministers responsible for administration of this Act and the Natural Environment Act 2026.
(3)
A person who holds office as an Environment Commissioner or a Deputy Environment Commissioner in the Environment Court may act as an adjudicator appointed under this clause.
(4)
The persons whom the Attorney-General recommends to be adjudicators must have—
(a)
the personal attributes and experience required to be capable of performing the functions of an adjudicator; and
(b)
the relevant skills and experience in 1 or more of the following areas of practice:
(i)
planning, resource management, and heritage protection:
(ii)
law and alternative dispute resolution practice:
(iii)
environmental, physical, and social sciences:
(iv)
economics and commercial and business affairs:
(v)
commercial development and infrastructure:
(vi)
local government and community affairs:
(vii)
engineering, architecture, surveying, building construction, and minerals technology:
(viii)
matters relating to Māori interests.
(5)
A person appointed as an adjudicator may, with the agreement of the Principal Adjudicator, engage in any other employment or calling that does not impair the proper discharge of their functions.
(6)
Subclause (5) does not apply to an Environment Commissioner or a Deputy Environment Commissioner treated as an adjudicator under subclause (3).
(7)
Adjudicators are appointed for a term not exceeding 5 years, but—
(a)
may be reappointed; and
(b)
may continue in office despite the expiry of their term until they are reappointed or their successor is appointed.
(8)
An adjudicator who continues in office for a period under subclause (7) may act as an adjudicator during that period for the purpose of—
(a)
completing a proceeding partly or fully reviewed or heard by the tribunal before the expiry of the adjudicator’s term of office:
(b)
reviewing or hearing any other proceeding.
9 Oath of office
(1)
A person appointed as an adjudicator 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 perform any duties of the office.
10 Removal or resignation of members
(1)
The Governor-General may, on the advice of the Attorney-General, remove the Principal Adjudicator or an adjudicator from their office on the grounds of inability or misbehaviour.
(2)
The Principal Adjudicator or an adjudicator may resign from office at any time by written notice to the Attorney-General.
11 Remuneration
(1)
The Principal Adjudicator and each adjudicator—
(a)
must be paid a salary, fee, or 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 clause to meet the salaries, fees, or allowances determined under subclause (1)(a).
(3)
An advisor must be paid, out of money appropriated by Parliament for the purpose, remuneration by way of a salary, a fee, or an allowance, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951.
(4)
For the purposes of subclause (1)(b), the Fees and Travelling Allowances Act 1951 applies as if the Principal Adjudicator and adjudicators were members of a statutory Board as defined in section 2 of that Act.
12 Principal Adjudicator must convene adjudicators
(1)
Whether or not a hearing is required, the Principal Adjudicator must convene 1 or more adjudicators, as the Principal Adjudicator considers appropriate, to determine an application before the tribunal as follows:
(a)
an adjudicator may be appointed to sit alone to determine an application; or
(b)
a panel of adjudicators may be convened if the Principal Adjudicator considers that the matter for determination is of particular complexity and requires a panel of 2 or more adjudicators with a mix of skills and experience.
(2)
A member of the Environment Court who is acting as an adjudicator must not determine the same matter in the tribunal and the Environment Court.
Registrar
13 Registrar may be appointed
(1)
The Planning Tribunal may have—
(a)
a Registrar; and
(b)
a Deputy Registrar.
(2)
The office of Registrar may be held in conjunction with that of any other office in the public service.
(3)
The functions of the Registrar are—
(a)
to ensure the orderly and efficient administration of the registry; and
(b)
to advise and direct staff of the registry.
(4)
If a Registrar is not appointed, the Registrar of the Environment Court must perform the role of Registrar in relation to the tribunal and has all the relevant functions, duties, and powers that they have as Registrar of the court.
(5)
The Registrar may, if directed to do so by the Principal Adjudicator, act on behalf of the tribunal to do something that is preliminary or incidental to any proceedings of the kind referred to in clause 38(1) of Schedule 9.
(6)
A Deputy Registrar has all the powers, functions, duties, and immunity of the Registrar, subject to the control of the Registrar.
(7)
A person may apply to the Registrar to waive, reduce, or postpone payment to the tribunal of any fee prescribed by regulations made under clause 39.
(8)
The Registrar may waive, reduce, or postpone the payment of the fee only if the Registrar is satisfied, after applying any criteria prescribed by 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: 1988 No 110 s 4B
Immunities
14 Protection from legal proceedings
(1)
No action lies against the Principal Adjudicator, any adjudicator, or the Registrar (if appointed) of the Planning Tribunal for anything they say, do, or omit to say or do while acting in good faith in the performance of their duties.
(2)
No action lies against a person appointed to assist the Planning Tribunal for anything they say, do, or omit to say or do while acting in good faith in the performance of their duties.
(3)
Witnesses and counsel appearing before the tribunal are to have the same privileges and immunities as they would have if the hearings were proceedings in the District Court.
Functions and powers of Planning Tribunal
15 Functions and powers of Planning Tribunal
(1)
The tribunal is authorised, in relation to a matter within its jurisdiction, to accept applications from persons entitled to apply to—
(a)
review a decision made under this Act—
(i)
for procedural and legal error:
(ii)
to determine whether the decision was reasonable in the circumstances:
(b)
exercise its declaratory power under this Act or the Natural Environment Act 2026:
(c)
perform or exercise other functions or powers that are conferred on it by or under this Act, the Natural Environment Act 2026, or any other legislation.
(2)
Unless otherwise provided for in this Act or the Natural Environment Act 2026, in order to perform its functions or give effect to a decision of the tribunal, the tribunal may make orders to—
(a)
confirm, modify, or overturn the whole, or any relevant part, of the decision reviewed:
(b)
remit the whole or any part of the decision back to the decision maker for reconsideration, with or without any directions as necessary:
(c)
formalise a resolution of a matter reached by conciliation between the parties:
(d)
set a revised statutory time frame within which an application for a permit, consent, change request, or other matter is to proceed:
(e)
stay the exercise of a consent, permit, or designation while the tribunal performs its functions:
(f)
dismiss the application.
Matters within review jurisdiction of Planning Tribunal
16 Review of decisions of local authorities
A person that is entitled to apply to the tribunal may apply to the tribunal to review any of the following decisions, actions, or requests:
Procedural matters relating to permits, consents, plans, and designations
(a)
a decision that a permit application or consent application is incomplete (see section 139(3) of this Act and section 143(3) of the Natural Environment Act 2026):
(b)
a decision to strike out all or part of a submission on a plan, consent, or permit (see section 156(2) and clause 22(4) of Schedule 3 of this Act):
(c)
a decision on an application for a private plan change under clause 52 of Schedule 3:
(d)
a decision to decline a notice from a designating authority to remove part of a designation under clause 50(3) of Schedule 5 (see clause 50(4) of Schedule 5 of this Act):
(e)
a decision not to proceed with the notification or hearing of an application for a permit or a consent if there are reasonable grounds for the view that other permits or consents will be required for the proposal (see section 140(4) of this Act and section 145(4) of the Natural Environment Act 2026):
Decisions on whether existing use rights apply or permit or consent is current
(f)
a decision to decline an extension to continue to use land in a way that contravenes a rule in a plan (see section 27(3) of this Act):
(g)
a decision as to whether to allow the exercise of a permit or consent while an application for a new permit or consent is being processed (see section 191(5) of this Act and section 195 of the Natural Environment Act 2026):
(h)
a decision on an extension to the lapse period for a permit or consent (see section 194(3) of this Act and section 195 of the Natural Environment Act 2026):
(i)
a decision to decline an application to revoke a decision to cancel a permit or consent not exercised for a specified period of time (see section 195(3) of this Act and section 195 of the Natural Environment Act 2026):
Existing use certificates
(j)
a decision to issue or revoke an existing use certificate (see section 209(10) of this Act and section 215(2) of the Natural Environment Act 2026):
Extension of time periods
(k)
a decision to extend a time period on the basis of special circumstances (see section 334(6) of this Act):
Designations
(l)
a decision to decline a request for permission to undertake work on designated land or to give permission subject to conditions (see clause 46 of Schedule 5 of this Act):
(m)
a decision to decline a designating authority’s application for a longer lapse period of a designation (see clause 51(5) of Schedule 5 of this Act):
(n)
a decision to decline an application to notify a proposed designation in a draft spatial plan (see clause 35(5) of Schedule 5 of this Act):
Other matters
(o)
a decision relating to regulatory relief (see clauses 76(5) and 78 of Schedule 3 of this Act):
(p)
a decision to require an additional fee (see section 330(3) of this Act and section 332(3) of the Natural Environment Act 2026).
Compare: 1991 No 69 ss 36(5), 91(3), 91C(2), 91F(2), 99(8), 357(1)(d), (3A), (6), (7), 357A(1)(a)(i), (ii), (iii), (v), 357B(a)
17 Requests for further information or to commission report
(1)
An applicant for a relevant consent, permit, or designation may apply to the tribunal to—
(a)
review a local authority request for further information or the commissioning of a report relating to any matter listed in subclause (2):
(b)
determine whether the further information requested or the commissioned report has been adequately provided to the local authority.
(2)
The request must relate to an application for a consent, permit, or designation (see sections 143 and 144 of this Act and sections 148 and 149 of the Natural Environment Act 2026).
18 Notification decisions
(1)
An applicant for a consent, permit, or designation or a qualifying person may, in accordance with the prescribed requirements (if any), apply to the tribunal to review a local authority’s notification decision about an application for a permit, consent, or designation for any legal or procedural error.
(2)
The tribunal must not accept an application under subclause (1) if—
(a)
the applicant has given permission in writing for the activity; or
(b)
the notification decision complies with a national standard or a relevant rule in a plan.
(3)
A local authority may apply to the tribunal for an order to correct an error in any of its targeted notification decisions.
19 Tribunal may resolve disputes about time frames
(1)
An applicant for a permit, consent, or change request may apply to the tribunal to—
(a)
review the reasons for the application not being progressed or decided in accordance with the relevant statutory time frame; and
(b)
hear and resolve disputes about the calculation of statutory time frames relating to the permit, consent, or change request.
(2)
The application for review may be filed only if the application for the permit, consent, or change request has not yet been determined by the local authority.
(3)
An application must not be filed in the tribunal until after the expiry of the relevant statutory time frame.
Declaratory jurisdiction
20 Interpretation of conditions
(1)
Any person may apply to the tribunal for a declaration as to the proper interpretation of the conditions of a permit or consent.
(2)
The tribunal may interpret any individual condition or set of conditions of a permit or consent.
(3)
The tribunal, after considering an application lodged under subclause (1), may—
(a)
make the declaration requested by the applicant, with or without any modification; or
(b)
make any other declaration that it considers necessary or desirable; or
(c)
decline to make a declaration.
(4)
Nothing in this clause affects the Environment Court’s declaratory jurisdiction under section 255.
Compare: 1991 No 69 ss 310–313
Dual jurisdiction
21 Review by Planning Tribunal or appeal to Environment Court
(1)
A person may challenge certain decisions of a local authority by—
(a)
applying for a review of the decision to the tribunal under this schedule; or
(b)
appealing against the decision to the Environment Court under section 181.
(2)
Subclause (1)(a) applies only if the application for a permit or consent—
(a)
was dealt with on a non-notified basis; or
(b)
was notified (whether by targeted or public notification), but no submissions were filed by any third party.
(3)
The decisions by a local authority referred to in subclause (1) are those that relate to the following matters:
(a)
a decision on a permit or consent application:
(b)
a decision on an application to change or cancel a condition of a permit or consent:
(c)
a decision on a review of the conditions of a permit or consent:
(d)
a decision to issue a certificate of compliance:
(e)
a decision on an application to vary or cancel a requirement in a consent notice.
(4)
To avoid doubt, the tribunal must not review the merits of a decision of a local authority to—
(a)
decline an application for a permit or consent:
(b)
cancel a permit or consent.
(5)
Any challenge to a decision of a kind described in subclause (4) may only be by way of an appeal to the Environment Court under section 181.
Procedural matters
22 Planning Tribunal’s procedural powers
(1)
The tribunal must regulate its own procedure in a way that best promotes the timely and efficient resolution of the matters within its jurisdiction.
(2)
There is a presumption that the tribunal will make a decision on the basis of the same evidentiary and legal considerations that were before the local authority, and that a hearing is not required.
(3)
However, the tribunal may, in the interests of justice and for the purpose of determining a matter before it,—
(a)
on its own initiative,—
(i)
request and take into account any relevant evidence or reports of investigations and inquiries as it thinks fit, whether or not the evidence or reports would be admissible in a court of law:
(ii)
commission expert opinion:
(iii)
request further information that the tribunal considers is necessary to determining a matter:
(b)
at the request of an applicant or the local authority, allow further information to be provided to the tribunal:
(c)
specify the time frame within which that information must be provided to the tribunal and circulated to the parties.
(4)
The Principal Adjudicator may appoint advisors to assist the tribunal.
(5)
If the tribunal exercises the power described in subclause (3)(a), it must disclose the evidence or reports it receives to all parties and provide them with an opportunity to comment on the material.
(6)
The tribunal may, of its own motion, or on the application of any party to the proceedings, issue a witness summons to any person requiring that person to attend before the tribunal to give evidence at the hearing of the proceedings.
(7)
The tribunal may—
(a)
take evidence on oath or affirmation and, for that purpose, the tribunal or any other person acting under the express or implied direction of the tribunal may administer the oath or affirmation; and
(b)
require that any documents or information be verified by oath or affirmation, statutory declaration, affidavit, or another means.
(8)
The Principal Adjudicator may issue practice notes for any type of proceedings dealt with by the tribunal for the guidance of other members of the tribunal, officers of the tribunal, and parties before the tribunal.
(9)
The tribunal’s power to regulate its own procedure and the Principal Adjudicator’s power to issue practice notes are subject to matters of procedure prescribed by regulations made under this Act.
Compare: 1991 No 69 s 270
23 Non-attendance or refusal to co-operate
(1)
Every person commits an offence who, after being summoned to attend to give evidence before the tribunal or to produce to the tribunal any papers, documents, records, or things, without sufficient cause,—
(a)
fails to attend in accordance with the summons; or
(b)
refuses to be sworn or to give evidence or, having been sworn, refuses to answer any question that the person is lawfully required by the tribunal or any member of it to answer concerning the proceedings; or
(c)
fails to produce any such paper, document, record, or thing.
(2)
Every person who commits an offence against subclause (1) is liable on conviction to a fine not exceeding $1,000.
(3)
No person summoned to attend before the tribunal may be convicted of an offence against subclause (1) unless there was tendered or paid to that person travelling expenses in accordance with regulations.
24 Planning Tribunal’s decisions to be in writing
Every decision and report, recommendation, determination, or order made by the tribunal must be given in writing and with reasons.
Compare: 1991 No 69 s 297
25 Online publication of final written decisions
(1)
Every final written decision of the tribunal must be published on an internet site as soon as practicable unless there is good reason not to publish it.
(2)
A final written decision may be published in part if there is good reason for not publishing the full decision.
(3)
Subclauses (1) and (2) are subject to clause 29.
(4)
Good reason not to publish a decision, or part of it, includes the following:
(a)
non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
(b)
the decision falls into a category of decisions that are of limited public value:
(c)
taking into account the presumption in subclause (1) in favour of publication, the tribunal nevertheless determines that the decision or any part of it should not be published because publication or the effect of publication would be contrary to the interests of justice.
(5)
In this section, final written decision means a written decision that determines, or substantially determines, the outcome of proceedings in the tribunal and is either of the following:
(a)
a written reserved decision following an oral hearing:
(b)
a written decision in any case considered on the papers.
26 How to commence proceedings in Planning Tribunal
(1)
A person wishing to access the tribunal’s jurisdiction must file an application, together with all relevant evidence, any other documentation required by regulations, and the prescribed fee.
(2)
An application must be filed within—
(a)
the time frame prescribed by regulations for an application of that kind or class; or
(b)
in the absence of a prescribed time frame, 15 working days after the date of the decision to which the application relates.
(3)
At the same time as the application is filed, the applicant must serve a copy of the application on the relevant local authority.
(4)
If a local authority files an application for a declaration as to the interpretation of the conditions of a permit of consent, it must serve a copy of the application on the holder of the relevant permit or consent.
(5)
The Principal Adjudicator, on written request by an applicant, may—
(a)
accept an application made later than the statutory time for filing; and
(b)
extend any other time frame specified in this Act.
(6)
If a person entitled to apply under clause 18(1) files an application for review of a notification decision, the application must be served on the local authority and the permit or consent holder at the time it is filed with the tribunal.
(7)
If a local authority is served with an application under this clause, it must, within 5 working days after being served, provide to the tribunal the material relating to the application and any other information relevant to the proceeding and serve a copy of its reply on the applicant or objector.
(8)
The Registrar may exercise a power under subclause (5) if the Principal Adjudicator confers that power on the Registrar.
(9)
A power under subclause (5) may be conferred generally or in relation to a specific matter, and on any terms and conditions that the Principal Adjudicator thinks fit.
27 Hearings and rehearings
Hearing
(1)
The tribunal is not required to hold a hearing, in light of the presumption that matters coming before the tribunal will be determined—
(a)
without a hearing; and
(b)
on the basis of the evidence filed with the tribunal.
(2)
However, the Principal Adjudicator may give notice to the parties, in accordance with any prescribed requirements, if, in the opinion of the Principal Adjudicator and on the advice of the adjudicator appointed to determine the application, a hearing—
(a)
is required in the interests of justice; or
(b)
is appropriate because of the technical or legal complexity of the matter; or
(c)
is requested by 1 or more of the parties and agreed to by the adjudicator.
Rehearing
(3)
Any party may apply to the tribunal for a rehearing of the proceedings if, after the tribunal 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.
(4)
An application for a rehearing must be lodged with the Registrar not later than 5 working days after the date of a decision, or within any further time that the tribunal allows.
(5)
If the tribunal receives an application under subclause (3),—
(a)
the Registrar must give notice to the other parties concerned and the tribunal may hear any evidence that it thinks fit; and
(b)
the Principal Adjudicator must decide whether to order a rehearing of the whole or part of the proceedings and may order a rehearing on any terms and conditions that they think reasonable.
28 Legal representation at hearings
If a hearing is ordered under clause 27, representation by legal counsel or other person is permitted.
29 Orders to protect sensitive information
(1)
Whether or not a hearing is conducted, the tribunal may make orders to prevent publication or disclosure by other means of any part of the information or evidence given in a proceeding before it that is sensitive information or information that should not be disclosed, subject to any conditions that the tribunal considers appropriate.
(2)
A person who breaches an order made under this clause is liable on conviction to a fine not exceeding $3,000.
Compare: 1988 No 110 s 20A
30 Power to strike out proceedings
The tribunal may strike out an application, in whole or in part, if it is satisfied that the application—
(a)
is not within the Tribunal’s jurisdiction; or
(b)
discloses no reasonable cause of action; or
(c)
is likely to cause undue prejudice or delay; or
(d)
is frivolous, vexatious, or been brought in bad faith; or
(e)
is otherwise an abuse of process.
31 Tribunal may order costs
(1)
The tribunal may award costs that it considers reasonable to or against any party to proceedings before it.
(2)
The tribunal may award costs if, in its opinion,—
(a)
the proceedings are frivolous or vexatious or ought not to have been brought; or
(b)
a party has lodged a proceeding knowing that it is not within the tribunal’s jurisdiction; or
(c)
a party has unnecessarily prolonged the proceeding by conduct intended to impede the prompt resolution of the matter; or
(d)
a party has failed to proceed with an order given by the tribunal; or
(e)
a party has failed to give adequate notice that the matter is to be abandoned or delayed.
(3)
Subclause (2) does not limit subclause (1).
(4)
The tribunal may order a party to pay to another party or the Crown any costs and expenses incurred by the other party or the Crown for conduct referred to in subclause (2)(c) to (e).
32 Enforcing orders for costs
An order for costs made by the tribunal 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.
33 Contempt of tribunal
A person commits an offence and is liable on conviction to a fine not exceeding $1,000 if the person—
(a)
wilfully insults or obstructs a member or officer of the tribunal or any witness during a sitting of the tribunal or while the member, officer, or witness is going to, or returning from, a sitting of the tribunal; or
(b)
wilfully insults or obstructs any person in attendance at a sitting of the tribunal; or
(c)
wilfully interrupts, or otherwise misbehaves at, a sitting of the tribunal; or
(d)
wilfully and without lawful excuse disobeys any order or direction of the tribunal in the course of any hearing of any proceedings.
34 Use of ADR process
(1)
In relation to any matter before it, the tribunal may refer the parties to an ADR process, including—
(a)
by appointing a person, who may be a member of the Planning Tribunal, to conduct an ADR process; or
(b)
referring the parties to the Environment Court’s ADR process under clause 57 of Schedule 9.
(2)
Regulations may prescribe the requirements for conducting an ADR process.
35 Planning Tribunal may transfer proceeding
(1)
The Principal Adjudicator, in relation to a matter filed in the tribunal, may make an order to transfer a proceeding to the Environment Court or to any other court of competent jurisdiction if—
(a)
the matter is not within the jurisdiction of the tribunal; or
(b)
the matter is of such complexity, factually or legally, that the matter cannot be resolved in a fair or timely way by the tribunal; or
(c)
the matter is more appropriate to the jurisdiction of the Environment Court or other court.
(2)
The Chief Judge of the Environment Court must agree before the Principal Adjudicator may make a transfer order under subclause (1).
(3)
The Environment Court or other court has the same power, duty, and discretion, in respect of a matter that is the subject of the transfer, as the tribunal.
36 Tribunal to apply regulations relating to statutory time frames
The tribunal must, in relation to matters before it, act in accordance with any regulations that provide for the application, variation, or exclusion of statutory time frames (including regulations made under section 324 of this Act or section 322 of the Natural Environment Act 2026).
Appeal and review
37 Jurisdiction to appeal against decisions of Planning Tribunal
(1)
A person who wishes to challenge a decision of the tribunal made under this schedule—
(a)
may appeal against that decision to the Environment Court, but only on a question of law; and
(b)
must file any appeal in the Environment Court not later than 15 working days after the notification of the decision by the tribunal.
(2)
However, the right of appeal against the tribunal’s review of a notification decision (see clause 18) is to the High Court and is limited to an appeal on a question of law.
(3)
There is no right of appeal against the High Court’s decision on an appeal under subclause (2).
(4)
There is no right of appeal against the Environment Court’s decision on an appeal against a decision of the tribunal (see clause 75(2) of Schedule 9).
38 Review of decisions of Planning Tribunal
(1)
There is a right to apply to the High Court for judicial review against a decision of the tribunal, but only after the right of appeal to the Environment Court has been exercised by the applicant and the court has made a decision.
(2)
In the case of a notification review (see clause 18), if an applicant lodges both an appeal against a decision of the tribunal and an application for judicial review in the High Court, the applicant must lodge those proceedings together.
(3)
If applications are lodged together in accordance with subclause (2), the High Court must try to hear both proceedings together, unless the court considers it impracticable to do so in the circumstances of the particular case.
Regulations
39 Regulations
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
(a)
requiring the payment of fees in connection with the tribunal and providing for the waiver, reduction, or postponement of payment of fees; and
(b)
prescribing the administrative matters necessary for carrying out the purpose and functions of the tribunal and its Principal Adjudicator, adjudicators, and Registrar.
(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. | ||||
Tribunal rules
40 Rules of practice and procedure
(1)
The Governor-General may, by Order in Council, make rules regulating the practice and procedure of the tribunal in the exercise of its jurisdiction—
(a)
under this Act:
(b)
under any other Act.
(2)
Rules made under subclause (1) may be made only with the concurrence of the Chief Environment Court Judge and the Principal Adjudicator.
(3)
Rules 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 11 Statutory officer
Functions, powers, and duties of statutory officer
1 Assessment framework
(1)
The statutory officer must establish, review, and maintain an assessment framework—
(a)
to be used in making determinations under clause 3; and
(b)
in the manner prescribed by regulations and national instruments.
(2)
The statutory officer must—
(a)
notify the making of the assessment framework in the Gazette; and
(b)
publish the assessment framework on an internet site to which the public has free access.
2 Monitoring competitiveness of urban land markets
The statutory officer must—
(a)
monitor competition in urban land markets; and
(b)
report on their monitoring in the manner prescribed by regulations.
3 Determinations on competitiveness of urban land markets
(1)
The statutory officer may make one of the following determinations in respect of an urban land market:
(a)
the urban land market is competitive:
(b)
the urban land market is not competitive:
(c)
there is insufficient evidence to determine whether the urban land market is competitive or not.
(2)
The statutory officer may only make a determination—
(a)
if an assessment framework has been notified in the Gazette and has been published in accordance with clause 1(2); and
(b)
in accordance with the assessment framework and in the manner prescribed by regulations.
(3)
The statutory officer must notify—
(a)
the making of a determination in the Gazette; and
(b)
any affected local authority in writing of a determination, together with the information set out in subclause (4).
(4)
The statutory officer must publish a determination, together with the following, on an internet site to which the public has free access:
(a)
a statement of reasons for the determination:
(b)
if the determination is that a land market is not competitive, the factors contributing to that determination:
(c)
if the statutory officer considers that 1 or more acts or omissions by 1 or more local authorities has contributed to the land market not being competitive,—
(i)
the name of the local authority or local authorities; and
(ii)
the acts or omissions that contributed to the land market not being competitive; and
(iii)
whether the acts or omissions relate to the local authority’s functions, powers, or duties under this Act.
(5)
There is no right of appeal in relation to a determination (other than judicial review).
4 Advisory function
(1)
The statutory officer may provide advice to—
(a)
the chief executive in relation to the Ministry’s system performance framework functions; and
(b)
a local authority in relation to the performance of any of their functions, powers, or duties under any legislation that relates to achieving the goal set out in section 13(1)(d).
(2)
The statutory officer may (and must, if requested by the Minister) provide advice to—
(a)
the Minister in relation to achieving the goal set out in section 13(1)(d); and
(b)
the Minister to identify circumstances where the Minister may exercise powers under sections 237 to 242; and
(c)
the Minister and the chief executive on matters relating to or impacting on competitive urban land markets.
5 Annual report
The statutory officer must report to the Minister annually on the statutory officer’s performance of their functions and duties and the exercise of their powers under this Act.
6 Delegation
(1)
The statutory officer may delegate to another employee of the Ministry (other than the chief executive) any of their functions, powers, or duties.
(2)
A delegation—
(a)
must be in writing; and
(b)
may be revoked at will in writing; and
(c)
may be subject to terms or conditions.
(3)
Despite subclause (1), the statutory officer may delegate their functions, powers, or duties only if the chief executive consents in writing to the delegation.
(4)
The person to whom any functions, powers, or duties are delegated—
(a)
must perform or exercise those functions, powers, or duties in the same manner, subject to the same restrictions, and with the same effect as if they had been conferred on that person directly by this Act (subject to any terms or conditions imposed by the statutory officer); and
(b)
may delegate the functions, powers, or duties only—
(i)
with the prior written consent of the chief executive; and
(ii)
subject to the same restrictions, and with the same effect, as if the subdelegate were the delegate.
(5)
A person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.
7 Information gathering
(1)
The statutory officer may, by notice, require an authority to provide information held by the authority that—
(a)
relates to the exercise of the authority’s functions, powers, or duties under this Act; and
(b)
is reasonably required by the statutory officer.
(2)
The notice—
(a)
must be in writing and be dated; and
(b)
may specify the manner in which the information must be provided.
(3)
The authority must provide the information—
(a)
within 20 working days of the date of the notice or any later time that the statutory officer allows; and
(b)
free of charge.
(4)
In this clause, authority means—
(a)
a local authority; or
(b)
a core infrastructure operator approved as a designating authority.
Schedule 12 Amendments to other legislation
Part 1Amendments to Acts that commence on day after this Act receives Royal assent
Biosecurity Act 1993 (1993 No 95)
In section 76(6), replace “section 291 of the Resource Management Act 1991”
with “clause 49 of Schedule 9 of the Planning Act 2026”
.
In section 96(6), replace “section 291 of the Resource Management Act 1991”
with “clause 49 of Schedule 9 of the Planning Act 2026”
.
In section 100F(3), replace “section 291 of the Resource Management Act 1991”
with “clause 49 of Schedule 9 of the Planning Act 2026”
.
Building Act 2004 (2004 No 72)
In section 7(1), definition of territorial authority, paragraph (a)(ii), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 212(1), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
Chatham Islands Council Act 1995 (1995 No 41)
In section 2, insert in its appropriate alphabetical order:
region, in relation to the purposes of the Natural Environment Act 2026 or the Planning Act 2026, means the area of the Chatham Islands Territory
After section 7(1)(a)(iv), insert:
(iva)
the Planning Act 2026; and
Replace section 7(1)(b) with:
(b)
a regional council under—
(i)
the Natural Environment Act 2026; or
(ii)
the Planning Act 2026; or
(iii)
the Resource Management Act 1991; and
After section 26, insert:
26A Requirement for natural environment plan
Despite anything in this Act or the Natural Environment Act 2026, a natural environment plan for the Chatham Islands Territory—
(a)
is required to cover the coastal marine area of the Territory; and
(b)
is not required for other areas.
Civil Defence Emergency Management Act 2002 (2002 No 33)
After section 17(3)(j), insert:
(ja)
Natural Environment Act 2026:
(jb)
Planning Act 2026:
Conservation Act 1987 (1987 No 65)
In section 2(1), definition of contaminant, replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 2(1), definition of effect, replace “section 3 of the Resource Management Act 1991”
with “section 3 of the Natural Environment Act 2026”
.
Replace section 17SD(3)(a) with:
(a)
in the form set out in Schedule 2 of the Natural Environment Act 2026; or
Contract and Commercial Law Act 2017 (2017 No 5)
In Schedule 5, Part 4, paragraph (s), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
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 3 of the Natural Environment Act 2026”
.
In Schedule 1, clause 16(5), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 and the Planning Act 2026”
.
Crown Pastoral Land Act 1998 (1998 No 65)
In Schedule 1AC, clause 44(a), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
Electricity Act 1992 (1992 No 122)
In section 23F(6), replace “sections 310 to 313 of the Resource Management Act 1991”
with “sections 255 to 258 of the Planning Act 2026”
.
In section 23F(9), replace “sections 299 to 308 of the Resource Management Act 1991”
with “clauses 75 to 84 of Schedule 9 of the Planning Act 2026”
.
Energy Efficiency and Conservation Act 2000 (2000 No 14)
In section 3, replace the definition of environment with:
environment includes—
(a)
ecosystems and their constituent parts, including people and communities; and
(b)
all natural and physical resources; and
(c)
amenity values; and
(d)
the social, economic, aesthetic, and cultural conditions that affect the matters stated in paragraphs (a) to (c) or that are affected by those matters
In section 3, insert in its appropriate alphabetical order:
natural and physical resources has the meaning given in section 3 of the Natural Environment Act 2026
After section 11, insert:
11A Consistency with national instruments
A strategy must be consistent with any national instruments in force under the Natural Environment Act 2026 and the Planning Act 2026.
Environment Act 1986 (1986 No 127)
In Schedule 2, insert in their appropriate alphabetical order:
Natural Environment Act 2026
Planning Act 2026
In Schedule 3, insert in their appropriate alphabetical order:
Natural Environment Act 2026
Planning Act 2026
Environmental Protection Authority Act 2011 (2011 No 14)
In section 5, definition of environmental Act, after paragraph (b), insert:
(ba)
the Natural Environment Act 2026:
(bb)
the Planning Act 2026:
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 3 of the Planning Act 2026”
.
Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72)
In section 4(1), insert in its appropriate alphabetical order:
biological diversity means the variability among living organisms, and the ecological complexes of which they are a part, including diversity within species, between species, and of ecosystems
In section 4(2), replace “section 2(1) of the Resource Management Act 1991”
with “section 3 of the Natural Environment Act 2026”
.
Repeal section 4(2)(a).
After section 7(2)(k), insert:
(ka)
Natural Environment Act 2026:
(kb)
Planning Act 2026:
In section 88, repeal the definition of assessment of environmental effects.
In section 88, definition of coastal marine area, replace “section 2(1) of the Resource Management Act 1991”
with “section 3 of the Natural Environment Act 2026”
.
Fast-track Approvals Act 2024 (2024 No 56)
In section 11(1)(b)(ii)(A), delete “Mana Whakahono ā Rohe or”
.
In section 13(4)(j)(ii), delete “Mana Whakahono ā Rohe or”
.
In section 16(1), delete “a Mana Whakahono ā Rohe,”
.
In section 18(2)(j)(i), replace “any relevant Mana Whakahono ā Rohe or”
with “relevant”
.
In section 18(2)(j)(ii), delete “Mana Whakahono ā Rohe and”
.
Repeal section 21(5)(a)(iv).
In section 42(7A), replace “subsection (4)(a) or (d) may also”
with “subsection (4)(c) may only”
.
In section 57(7), replace “a board of inquiry given authority to conduct a hearing under section 149J of the Resource Management Act 1991”
with “an independent hearings panel given authority to conduct a hearing under the Planning Act 2026”
.
In Schedule 1, after clause 15, insert:
Part 3 Provisions relating to Planning Act 2026 and Natural Environment Act 2026
16 Interpretation
In this Part,—
determined,—
(a)
in relation to a referral application, means the application has been granted or declined under section 21; and
(b)
in relation to a substantive application, means a decision document has been issued under section 88
RMA means the Resource Management Act 1991
specified transition date has the meaning given in clause 1(1) of Schedule 1 of the Planning Act 2026
transition period has the meaning given in clause 1(1) of Schedule 1 of the Planning Act 2026.
17 Referral applications lodged before transition period
If a referral application for a project that would otherwise require approval under the RMA is lodged before the date of commencement of the transition period, the application must continue to be processed and determined under this Act, and in relation to the RMA, as in force at the time the application was made.
18 Referral applications lodged during transition period
If a referral application for a project that would otherwise require approval under the RMA is lodged during the transition period and is not determined before the specified transition date, the application must continue to be processed and determined—
(a)
under this Act as in force immediately before it was amended by Part 5 of Schedule 12 of the Planning Act 2026; and
(b)
in relation to the RMA as in force at the time the application was made.
19 Substantive applications lodged before transition period
If a substantive application seeking an approval under section 42(4)(a), (b), (c), or (d) is lodged before the date of commencement of the transition period, the application must continue to be processed and determined under this Act, and in relation to the RMA, as in force at the time the application was made.
20 Substantive applications lodged during transition period
If a substantive application seeking an approval under section 42(4)(a), (b), (c), or (d) is lodged during the transition period and is not determined before the specified transition date, the application must continue to be processed and determined—
(a)
under this Act as in force immediately before it was amended by Part 5 of Schedule 12 of the Planning Act 2026; and
(b)
in relation to the RMA as in force at the time the application was made.
21 Status of approvals sought under section 42(4)(a) where clause 20 applies
(1)
If clause 20 applies and a substantive application seeking an approval under section 42(4)(a) is granted,—
(a)
any land use consent or subdivision consent granted must be treated as—
(i)
a land use consent or subdivision consent granted under the Planning Act 2026; and
(ii)
subject to the same terms and conditions; and
(b)
any regional land use consent, discharge permit, water permit, or coastal permit granted must be treated as—
(i)
a land use permit, discharge permit, water permit, or coastal permit granted under the Natural Environment Act 2026; and
(ii)
subject to the same terms and conditions.
(2)
If clause 20 applies and a substantive application seeking an approval for resource consent that authorises activities that are regulated under both the Planning Act 2026 and the Natural Environment Act 2026 is granted, the resource consent must be treated (as applicable) as—
(a)
a land use consent or subdivision consent granted under the Planning Act 2026; and
(b)
a land use permit, discharge permit, water permit, or coastal permit granted under the Natural Environment Act 2026; and
(c)
subject to the same terms and conditions.
(3)
Subclauses (4) and (5) apply in respect of a resource consent described in subclause (2).
(4)
An application to vary any conditions of the resource consent or a council-initiated review of those conditions must be considered or carried out—
(a)
by the regional council or territorial authority whose functions relate to the conditions; and
(b)
in accordance with the Planning Act 2026 or the Natural Environment Act 2026, as applicable.
(5)
If the resource consent includes conditions relating to activities or effects that, under the Planning Act 2026 or the Natural Environment Act 2026, fall within the functions of an authority other than the relevant authority with those functions under the RMA, each condition is treated as a condition administered under the provisions of the Planning Act 2026 or the Natural Environment Act 2026 (as applicable) that regulate the relevant activity or effect.
22 Status of approvals sought under section 42(4)(b) where clause 20 applies
(1)
If clause 20 applies and a substantive application seeking an approval under section 42(4)(b) is granted, nothing in clauses 33 to 37 of Schedule 1 of the Planning Act 2026 affects that approval.
(2)
To avoid doubt, the approval may result in changes to the conditions of the consent or permit.
23 Status of approvals sought under section 42(4)(c) where clause 20 applies
If clause 20 applies and a substantive application seeking an approval under section 42(4)(c) is granted,—
(a)
on the date that the certificate is issued, the certificate is treated as a certificate of compliance issued under—
(i)
section 208 of the Planning Act 2026, if the certificate relates to an activity that is regulated under that Act; and
(ii)
section 214 of the Natural Environment Act 2026, if the certificate relates to an activity that is regulated under that Act; and
(b)
the certificate lapses on the date on which it would have lapsed under the RMA.
24 Status of approvals sought under section 42(4)(d)
(1)
Subclause (2) applies if—
(a)
clause 20 applies and a substantive application seeking an approval under section 42(4)(d) is granted; or
(b)
an approval under section 42(4)(d) is granted before the specified transition date, but the designation or alteration has not been included in a district plan before that date under clause 30 of Schedule 5; or
(c)
a designation or alteration is confirmed after the specified transition date and there is no operative land use plan.
(2)
If a designation or alteration is confirmed,—
(a)
the designation or alteration must be included in an operative land use plan and, if applicable, a proposed land use plan under clause 32 of Schedule 5 of the Planning Act 2026; and
(b)
if there is no operative land use plan,—
(i)
the designation or alteration must be treated as if it were included in an operative land use plan under clause 32 of Schedule 5 of the Planning Act 2026; and
(ii)
the designation cannot be altered by decisions on the proposed land use plan; and
(c)
the designation, including any alteration, must be treated as a designation under the Planning Act 2026.
In Schedule 3, clause 5(1), delete “or any Mana Whakahono a Rohe”
.
In Schedule 5, clauses 13(b), 17(2)(c), 23(b), 24(1)(b), delete “Mana Whakahono ā Rohe or”
.
Fiordland (Te Moana o Atawhenua) Marine Management Act 2005 (2005 No 36)
In Schedule 13, insert in their appropriate alphabetical order:
Natural Environment Act 2026
Planning Act 2026
Fisheries Act 1996 (1996 No 88)
In section 2(1), definition of aquaculture activities, after “Resource Management Act 1991”
, insert “for resource consents under the Resource Management Act 1991 and the Natural Environment Act 2026 for natural environment plans under the Natural Environment Act 2026”
.
In section 2(1), replace the definition of coastal marine area and coastal permit with:
coastal marine area has the meaning given in section 3 of the Natural Environment Act 2026
coastal permit has the meaning given in section 2(1) of the Resource Management Act 1991
In section 2(1), insert in their appropriate alphabetical order:
land use plan has the meaning given in section 3 of the Planning Act 2026
natural environment plan has the meaning given in section 3 of the Natural Environment Act 2026
regional spatial plan has the meaning given in section 3 of the Planning Act 2026
After section 11(2)(a), insert:
(aa)
any regional spatial plan, land use plan, proposed regional spatial plan, or proposed land use plan under the Planning Act 2026; and
(ab)
any natural environment plan or proposed natural environment plan under the Natural Environment Act 2026; and
In section 182, replace “sections 299 and 308 of the Resource Management Act 1991”
with “clauses 75 and 84 of Schedule 9 of the Planning Act 2026”
.
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
In section 186C, insert in their appropriate alphabetical order:
aquaculture area has the meaning given in section 3 of the Natural Environment Act 2026
aquaculture area decision means a determination or reservation in respect of an aquaculture area and the aquaculture activities that may be carried out in that area
After section 186J, insert:
Subpart 1A—Aquaculture area decisions
186JA Chief executive may seek information or consult certain persons for purpose of making aquaculture area decision
(1)
After receiving a request under clause 45 of Schedule 4 of the Natural Environment Act 2026 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 council:
(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 an aquaculture area decision 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 clause 45 of Schedule 4 of the Natural Environment Act 2026, 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 114 of the Resource Management Act 1991.
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.
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 natural environment plan that apply 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 of the decision can be obtained must be—
(a)
notified in the Gazette; and
(b)
made accessible via an internet site.
(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 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 10 years after the date on which the decision is notified under section 186JF(2)(a), except in the following circumstances:
(a)
if regulations under section 325 of the Natural Environment Act 2026 amend any relevant aquaculture area rules, the aquaculture area decision expires on the date on which the regulations come into force:
(b)
if, in accordance with Part 3 of the Natural Environment Act 2026, a regional council reviews a natural environment plan and approves changes to any relevant aquaculture area rules, the aquaculture area decision expires on the date on which the plan change becomes operative:
(c)
if a natural environment plan is undergoing its 10-yearly review under section 119 of the Natural Environment Act 2026, 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 council 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 a natural environment 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 regulations made under the Natural Environment Act 2026 relating to the extension of the duration of an aquaculture decision, the chief executive may extend the expiry of the aquaculture area decision for a further 10 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.
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
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
(b)
a person or body appointed by the Minister that represents aquaculture interests (including Te Ohu Kai Moana Trustee Limited).
After section 186ZH(2)(b), insert:
(c)
notify the relevant consent authority that the agreement has been registered.
After section 186ZHA(2)(b), insert:
(c)
notify the relevant consent authority that the declaration has been registered.
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”
.
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”
.
In section 186ZK(1), after “must”
, insert “, in the case of an aquaculture decision or an aquaculture area decision,”
.
In section 186ZL(1) and (3)(a), after “section 186E”
, insert “or 186JB”
.
In section 186ZL(2),—
(a)
after “section 186H”
, insert “or 186JF”
; and
(b)
after “section 186H(2)(a)”
, insert “or 186JF(2)(a)”
.
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).
In section 186ZO(1),—
(a)
after “coastal permit”
, insert “or the negotiator appointed under section 186ZEA”
; and
(b)
after “section 186ZN”
, insert “or 186ZNA”
.
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 relates to a coastal permit; or
(ii)
between the negotiator and all the quota owners if the reservation relates to an aquaculture area; but
In section 186ZP(3)(a), after “coastal permit”
, insert “or the negotiator, as the case may be”
.
In section 186ZQ(2),—
(a)
after “coastal permit”
, insert “or the negotiator, as the case may be,”
; and
(b)
after “the site”
, insert “or area”
.
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, the negotiator must pay the quota owners’ reasonable costs and expenses, as determined by the arbitrator, for participating in the arbitration.
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”
.
Forests Act 1949 (1949 No 19)
Replace section 67P(3) with:
(3)
For the purposes of this section, Schedule 9 of the Planning Act 2026 applies, with the necessary modifications, as if the decision appealed against were a planning consent under that Act.
Government Roading Powers Act 1989 (1989 No 75)
In section 43(1), definition of Environment Court, replace “constituted under the Resource Management Act 1991”
with “continued under the Planning Act 2026”
.
Hauraki Gulf Marine Park Act 2000 (2000 No 1)
In the heading to section 9, after “Resource Management Act 1991”
, insert “, Natural Environment Act 2026, and Planning Act 2026”
.
In section 9(1), after “Local Government Act 2002”
, insert “, and land use plan, national instrument, proposed land use plan, and regional spatial plan have the same meanings as in the Planning Act 2026, and natural environment plan and proposed natural environment plan have the same meanings as in the Natural Environment Act 2026”
.
After section 9(2), insert:
(2A)
A regional council must ensure that any part of a natural environment plan or a proposed natural environment plan that applies to the Hauraki Gulf, its islands, and its catchments does not conflict with sections 7 and 8.
After section 9(3), insert:
(3A)
A territorial authority must ensure that any part of a land use plan or a proposed land use plan that applies to the Hauraki Gulf, its islands, and its catchments does not conflict with sections 7 and 8.
(3B)
A regional council and a territorial authority must ensure that any part of a regional spatial plan that applies to the Hauraki Gulf, its islands, and its catchments does not conflict with sections 7 and 8.
After section 9(5), insert:
(5A)
The provisions of section 52 of the Planning Act 2026 or section 77 of the Natural Environment Act 2026 apply as though sections 7 and 8 of this Act were a national instrument, and a regional council or a territorial authority must take action in accordance with that section and notify a change to a regional spatial plan, land use plan, natural environment plan, proposed land use plan, or proposed natural environment plan.
In the heading to section 10, after “coastal policy statement”
, insert “or national instrument”
.
After section 10(3), insert:
(4)
For the coastal environment of the Hauraki Gulf, sections 7 and 8 must be treated as national instruments issued under the Natural Environment Act 2026 and the Planning Act 2026.
(5)
For the coastal environment of the Hauraki Gulf, if there is a conflict between sections 7 and 8 and the provisions of any national instrument issued under the Natural Environment Act 2026 or the Planning Act 2026, the national instrument prevails.
In Schedule 1, insert in their appropriate alphabetical order:
Natural Environment Act 2026
Planning Act 2026
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 3 of the Natural Environment Act 2026”
.
Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26)
In section 65(3)(c), after “Resource Management Act 1991”
, insert “, the Natural Environment Act 2026, and the Planning Act 2026”
.
Infrastructure Funding and Financing Act 2020 (2020 No 47)
In section 8(3), definition of natural hazard, replace “section 2(1) of the Resource Management Act 1991”
with “section 3 of the Planning Act 2026”
.
In section 9(6), definition of establishment costs, paragraph (b), after “1991”
, insert “or the Planning Act 2026”
.
In section 11(2), definition of mana whenua, replace “section 2(1) of the Resource Management Act 1991”
with “section 3 of the Planning Act 2026”
.
Lake Wanaka Preservation Act 1973 (1973 No 107)
In section 8(1), after “Resource Management Act 1991”
, insert “, the Natural Environment Act 2026, and the Planning Act 2026”
.
Land Drainage Act 1908 (1908 No 96)
Replace section 2A with:
2A Relationship to Resource Management Act 1991, Natural Environment Act 2026, and Planning Act 2026
Nothing in this Act derogates from the Resource Management Act 1991, the Natural Environment Act 2026, or the Planning Act 2026.
Land Transport Management Act 2003 (2003 No 118)
After section 14(a)(ii), insert:
(iii)
is consistent with the regional spatial plan that is in force for the region under the Planning Act 2026 to the extent that—
(A)
the regional spatial plan is relevant to the content of the regional land transport plan; and
(B)
consistency with the regional spatial plan does not prevent compliance with subparagraph (i) or (ii); and
After section 14(c)(ii), insert:
(iia)
relevant national instruments and any relevant natural environment plans that are for the time being in force under the Natural Environment Act 2026; and
(iib)
relevant national instruments and any relevant land use plans that are for the time being in force under the Planning Act 2026; and
After section 15(d), insert:
(e)
be satisfied that the regional land transport plan is consistent with the regional spatial plan that is in force for the region under the Planning Act 2026 to the extent that consistency with the regional spatial plan does not prevent compliance with paragraph (d).
After section 19B(b)(vi), insert:
(vii)
relevant national instruments and any relevant natural environment plans that are for the time being in force under the Natural Environment Act 2026; and
(viii)
relevant national instruments and any relevant land use plans that are for the time being in force under the Planning Act 2026.
After section 20(3)(a)(ii), insert:
(iii)
any relevant national instruments and any relevant natural environment plans that are for the time being in force under the Natural Environment Act 2026; and
(iv)
any relevant national instruments and any relevant land use plans that are for the time being in force under the Planning Act 2026; and
After section 22G(1)(b)(iii), insert:
(iv)
any relevant national instruments and any relevant natural environment plans that are for the time being in force under the Natural Environment Act 2026; and
(v)
any relevant national instruments and any relevant land use plans that are for the time being in force under the Planning Act 2026:
After section 67(1)(b)(iii), insert:
(iv)
any relevant regional spatial plan that is in force under the Planning Act 2026; and
(v)
any relevant national instrument that is in force under the Natural Environment Act 2026; and
(vi)
any relevant national instrument that is in force under the Planning Act 2026; and
After section 124(c)(ii), insert:
(iiaaa)
any relevant natural environment plan or proposed natural environment plan under the Natural Environment Act 2026; and
(iiaab)
any relevant regional spatial plan, proposed regional spatial plan, land use plan, or proposed land use plan under the Planning Act 2026; and
Lawyers and Conveyancers Act 2006 (2006 No 1)
In section 322(6), definition of conveyance, paragraph (a)(i), replace “section 2(1) of the Resource Management Act 1991”
with “clause 1 of Schedule 7 of the Planning Act 2026”
.
Legal Services Act 2011 (2011 No 4)
Replace section 7(1)(o) with:
(o)
all applications, submissions, and appeals under the Resource Management Act 1991, the Natural Environment Act 2026, or the Planning Act 2026 or to the Environment Court or the Planning Tribunal under any Act:
Local Authorities (Members’ Interests) Act 1968 (1968 No 147)
After section 6(3)(d), insert:
(da)
the preparation, recommendation, approval, or review of a regional spatial plan or land use plan under the Planning Act 2026; or
(db)
the preparation, recommendation, approval, or review of a natural environment plan under the Natural Environment Act 2026; or
Local Government Act 1974 (1974 No 66)
In section 2(1), definition of Environment Court, replace “section 2(1) of the Resource Management Act 1991”
with “section 3 of the Planning Act 2026”
.
In section 2(1), replace the definition of rural area with:
rural area means an area zoned rural in a proposed or an operative district plan or a proposed land use plan under the Planning Act 2026
In section 336(4), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In section 346G(2), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In section 346G(3), replace “section 299 of the Resource Management Act 1991”
with “clause 75 of Schedule 9 of the Planning Act 2026”
.
After section 517I(j), insert:
(ja)
identify any rules or proposed rules in any natural environment plan or proposed natural environment plan under the Natural Environment Act 2026 relating to the scheme; and
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 3 of the Planning Act 2026”
.
In section 48J(1)(a), after “Resource Management Act 1991,”
, insert “the Natural Environment Act 2026, the Planning Act 2026,”
.
In section 79(3), after “Resource Management Act 1991”
, insert “, the Natural Environment Act 2026, or the Planning Act 2026”
.
After section 82(5), insert:
(5A)
Despite what may be set out in a policy adopted under section 76AA, consultation on matters provided for in a regional spatial plan under the Planning Act 2026 must be limited to options for dealing with those matters in a way that is consistent with the spatial plan.
In Schedule 3, clause 2, definition of affected area, paragraph (d), after “Resource Management Act 1991”
, insert “, the Natural Environment Act 2026, or the Planning Act 2026”
.
In Schedule 3, after clause 23(1)(e)(ii), insert:
(iii)
responsibilities, duties, and powers under the Natural Environment Act 2026; or
(iv)
responsibilities, duties, and powers under the Planning Act 2026.
In Schedule 3, replace clause 23(3)(b) with:
(b)
include responsibility for preparing regional policy statements, regional plans, regional coastal plans, and district plans under the Resource Management Act 1991, natural environment plans under the Natural Environment Act 2026, and land use plans and regional spatial plans under the Planning Act 2026.
In Schedule 3, after clause 43(1)(e)(ii), insert:
(iii)
the administration of an existing, proposed, or operative natural environment plan under the Natural Environment Act 2026:
(iv)
the administration of an existing, proposed, or operative land use plan under the Planning Act 2026.
In Schedule 10, after clause 1, insert:
1A Implementation of regional spatial plan
(1)
A long-term plan must set out steps to implement or progress the actions identified in the relevant regional spatial plan for which the local authority is responsible under the Planning Act 2026.
(2)
The steps must provide for the local authority to implement or progress the actions in a way that the local authority considers appropriate, having regard to competing demands and any other relevant circumstances.
(3)
The steps must provide for the local authority to implement or progress the actions only to the extent that the local authority is reasonably able to do so—
(a)
in the period covered by the long-term plan; and
(b)
consistently with the local authority’s role, functions, duties, and powers under this Act and any other legislation.
In Schedule 10, after clause 26, insert:
26A Statement on implementation of regional spatial plan
An annual report must include a statement that sets out—
(a)
the steps that the local authority has taken to implement or progress the actions identified in the relevant regional spatial plan for which the local authority is responsible under the Planning Act 2026; and
(b)
the steps that the local authority intended to take (but has not taken) to implement or progress the actions and an explanation of why the local authority has not taken them.
Local Government (Auckland Council) Act 2009 (2009 No 32)
In section 42B(3), after “Resource Management Act 1991”
, insert “, a national instrument made under the Planning Act 2026, and a national instrument made under the Natural Environment Act 2026”
.
Local Government Official Information and Meetings Act 1987 (1987 No 174)
In section 2(1), replace the definition of climate change with:
climate change means a change of climate that is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and that is in addition to natural climate variability observed over comparable time periods
In section 2(1), replace the definition of natural hazard with:
natural hazard has the meaning given in section 3 of the Planning Act 2026
After section 45(1A), insert:
(1AB)
Despite subsections (1) and (1A), meeting, in relation to an independent hearings panel under the Planning Act 2026, is limited to any hearing that the independent hearings panel holds in relation to—
(a)
a regional spatial plan under Schedule 2 of the Planning Act 2026; or
(b)
a land use plan under Schedule 3 of the Planning Act 2026; or
(c)
a natural environment plan under section 102 of the Natural Environment Act 2026 that applies the provisions of Schedule 3 of the Planning Act 2026.
After section 45A(c), insert:
(d)
an independent hearings panel given authority to conduct hearings under the Planning Act 2026.
In Schedule 1, Part 1, before the item relating to irrigation boards, insert:
Independent hearings panels established under the Planning Act 2026 (including their functions under the Natural Environment Act 2026, set out in Schedule 3 of the Planning Act 2026 and applied through section 102 of the Natural Environment Act 2026)
In Schedule 1, Part 1, after the item relating to regional councils, insert:
Spatial plan committees within the meaning given in section 3 of the Planning Act 2026
Local Government (Rating) Act 2002 (2002 No 6)
In Schedule 2, after item 3, insert:
3A
The activities that are proposed to be permitted, controlled, restricted discretionary, or discretionary activities and the proposed rules for the area in which the land is situated under a proposed natural environment plan under the Natural Environment Act 2026 or proposed land use plan under the Planning Act 2026, but only if—
(a)
no submissions in opposition have been made under section 102 of the Natural Environment Act 2026 or clause 17 of Schedule 3 of the Planning Act 2026 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.
Local Government (Water Services) Act 2025 (2025 No 42)
In section 17(2), definition of natural hazard, replace “section 2(1) of the Resource Management Act 1991”
with “section 3 of the Planning Act 2026”
.
In section 52(1)(q), replace “resource management planning and land use planning”
with “land use planning, spatial planning, and natural environment planning (as relevant)”
.
Replace section 227(1)(b) with:
(b)
requirements relating to land use planning, spatial planning, and natural environment planning that are relevant to the water organisation’s service area; and
In section 236(6), replace “territorial authority in whose district”
with “territorial authority and regional council (if relevant) in whose district or region”
.
In section 236(6)(a), replace “the territorial authority’s resource management planning and land use planning”
with “the land use planning, spatial planning, and natural environment planning (as relevant)”
.
In Schedule 2, replace clause 5(2)(b) with:
(b)
spatial planning, natural environment planning (as relevant), and land use planning (including resource consents, natural resource permits, and planning consents); and
In Schedule 3, after clause 2(1)(f), insert:
(fa)
the steps that the water service provider will take to implement, or otherwise progress, any actions that the water service provider is responsible for as identified in a regional spatial plan or an implementation plan under the Planning Act 2026:
In Schedule 3, clause 2(1)(g), replace “a territorial authority’s resource management planning and land use planning”
with “land use planning, spatial planning, and natural environment planning (as relevant)”
.
In Schedule 3, after clause 2(2), insert:
(2A)
The steps referred to in subclause (1)(fa) must provide for the water service provider to implement or progress the actions only to the extent that the provider is reasonably able to do so—
(a)
in the period covered by the water services strategy; and
(b)
consistently with the water service provider’s functions, duties, and powers under this Act and any other legislation.
In Schedule 4, after clause 1(2), insert:
(3)
A water services annual report must include a statement that sets out—
(a)
the steps that the water service provider has taken to implement or progress any actions that the water service provider is responsible for as identified in a regional spatial plan or an implementation plan under the Planning Act 2026; and
(b)
the steps that the water service provider intended to take (but has not taken) to implement or progress the actions and an explanation of why the water service provider has not taken them.
Maori Commercial Aquaculture Claims Settlement Act 2004 (2004 No 107)
In section 4, definition of coastal marine area, replace “has the same meaning as in section 2(1) of the Resource Management Act 1991”
with “has the meaning given in section 3 of the Natural Environment Act 2026”
.
In section 4, definition of new space, paragraph (a), after “section 116A of the Resource Management Act 1991”
, insert “or section 97 of the Fast-track Approvals Act 2024”
.
In section 4, repeal the definition of public notice.
In section 4, definition of regional council, replace “has the same meaning as in section 2(1) of the Resource Management Act 1991”
with “has the meaning given in section 3 of the Natural Environment Act 2026”
.
In section 4, replace the definition of space with:
space, in relation to the coastal marine area, means any part of the foreshore, seabed, and coastal water, and the airspace above the water
Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3)
In section 9(1), repeal the following definitions:
(a)
environment:
(b)
infrastructure:
(c)
kaitiakitanga:
(d)
public notice:
(e)
regional council:
(f)
structure.
In section 9(1), insert in their appropriate alphabetical order:
environment includes—
(a)
ecosystems and their constituent parts, including people and communities; and
(b)
all natural and physical resources; and
(c)
amenity values; and
(d)
the social, economic, aesthetic, and cultural conditions that affect the matters in paragraphs (a) to (c) or that are affected by those matters
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 radiocommunication 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 aerodrome as defined in section 5 of the Civil Aviation Act 2023:
(j)
a navigation installation as defined in section 5 of the Civil Aviation Act 2023:
(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)
any operation that is prescribed by regulations under the Planning Act 2026 as a core infrastructure operation
kaitiakitanga has the meaning given in section 3 of the Natural Environment Act 2026
land use plan has the meaning given in section 3 of the Planning Act 2026
natural and physical resources has the meaning given in section 3 of the Natural Environment Act 2026
natural environment plan has the meaning given in section 3 of the Natural Environment Act 2026
proposed natural environment plan has the meaning given in section 3 of the Natural Environment Act 2026
regional council has the meaning given in section 3 of the Natural Environment Act 2026
structure has the meaning given in section 3 of the Natural Environment Act 2026
In section 9(1), definition of marine and coastal area, paragraph (b), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
After section 9(2), insert:
(3)
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
(iii)
is worded in a way that is clear and concise; 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.
In section 11(6), replace “and district plans”
with “district plans, natural environment plans, and land use plans”
.
In section 51(2)(e), replace “section 2(1) of the Resource Management Act 1991”
with “section 3 of the Planning Act 2026”
.
In section 58(1A)(a), delete “(within the meaning of section 2(1) of the Resource Management Act 1991)”
.
In section 58(1A)(b), delete “(within the meaning stated in paragraph (a))”
.
After section 62(1)(d)(ii), insert:
(iii)
the process for preparing, issuing, changing, reviewing, or revoking a national policy direction under the Natural Environment Act 2026 and the Planning Act 2026 (see section 77A); and
After section 77, insert:
77A Consultation on national policy direction
(1)
If the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of the Natural Environment Act 2026 proposes to prepare, issue, change, review, or revoke a national policy direction in respect of the coastal marine area under section 92 of that Act, the Minister must seek and consider the views of the customary marine title groups recorded on the register.
(2)
If the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of the Planning Act 2026 proposes to prepare, issue, change, review, or revoke a national policy direction in respect of the coastal marine area under section 65 of that Act, the Minister must seek and consider the views of the customary marine title groups recorded on the register.
After section 85(5)(d), insert:
(e)
the Natural Environment Act 2026:
(f)
the Planning Act 2026.
In section 92, definition of regional document, after paragraph (b), insert:
(c)
a natural environment plan:
(d)
a proposed natural environment plan:
(e)
a land use plan prepared by a regional council, to the extent that it applies to the coastal marine area:
(f)
a proposed land use plan prepared by a regional council, to the extent that it applies to the coastal marine area
In section 93(2), after “the Resource Management Act 1991,”
, insert “the Natural Environment Act 2026, and the Planning Act 2026,”
.
In section 93(5)(a), after “Resource Management Act 1991”
, insert “or Schedule 3 of the Planning Act 2026 (including as that schedule is applied for the purposes of the Natural Environment Act 2026)”
.
In section 93(6), after “relevant regional documents”
, insert “made under the Resource Management Act 1991”
.
After section 93(6), insert:
(6A)
A regional council must initiate a process to determine whether to alter its relevant regional documents made under the Natural Environment Act 2026 if and to the extent that any alteration would achieve the goals in section 13 of that Act (including as specified in relevant key instruments under that Act), in order to—
(a)
recognise and provide for any matters identified under subsection (2)(a); and
(b)
take into account any matters identified under subsection (2)(b).
(6B)
A regional council must initiate a process to determine whether to alter its relevant regional documents made under the Planning Act 2026 if and to the extent that any alteration would achieve the goals in section 13 of that Act (including as specified in relevant key instruments under that Act), in order to—
(a)
recognise and provide for any matters identified under subsection (2)(a); and
(b)
take into account any matters identified under subsection (2)(b).
In section 93(7) and (8), replace “subsection (6)”
with “subsections (6) to (6B)”
.
Replace section 93(9) with:
(9)
The obligations on a regional council under subsection (8) must be carried out in accordance with the applicable requirements and procedures that apply to the relevant regional document under the Resource Management Act 1991, the Natural Environment Act 2026, or the Planning Act 2026 (as the case requires).
(9A)
A regional council may, despite section 105 of the Natural Environment Act 2026 or section 102 of the Planning Act 2026, include a bespoke plan provision in a natural environment plan, proposed natural environment plan, land use plan, or proposed land use plan in order to carry out its obligations under this section.
(9B)
A regional council and any independent hearings panel are not required to prepare a justification report or further justification report (as would otherwise be required by Schedule 3 of the Planning Act 2026) in relation to a bespoke plan provision or provision on a specified topic that is included in a natural environment plan, proposed natural environment plan, land use plan, or proposed land use plan in order to meet the regional council’s obligations under this section.
After section 93(10), insert:
(10A)
A regional council may decide, in conducting the process required by subsection (6A) or (6B), 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—
(i)
the goals in section 13 of the Natural Environment Act 2026, including as specified in key instruments under that Act (in the case of a relevant regional document prepared under that Act); or
(ii)
the goals in section 13 of the Planning Act 2026, including as specified in key instruments under that Act (in the case of a relevant regional document prepared under that Act); or
(c)
would be more effectively and efficiently addressed in another way.
In section 93(11), after “Resource Management Act 1991”
, insert “, or notified in a proposed natural environment plan or proposed land use plan notified for submissions under clause 15 or 16 of Schedule 3 of the Planning Act 2026,”
.
After section 93(12), insert:
(13)
In this section, bespoke plan provision and specified topic have the meanings given in—
(a)
section 3 of the Natural Environment Act 2026, in relation to a natural environment plan or proposed natural environment plan; and
(b)
section 3 of the Planning Act 2026, in relation to a land use plan or proposed land use plan.
Maritime Transport Act 1994 (1994 No 104)
In section 276(2)(a) and (c), after “Resource Management Act 1991”
, insert “, the Natural Environment Act 2026,”
.
In section 464(2), after “Resource Management Act 1991,”
, insert “the Natural Environment Act 2026, the Planning Act 2026,”
.
Ngāti Rangi Claims Settlement Act 2019 (2019 No 40)
In the heading above section 124(1), after “Resource Management Act 1991”
, insert “, Natural Environment Act 2026, and Planning Act 2026”
.
In section 124(1), replace “or district plan”
with “district plan, natural environment plan, land use plan, or regional spatial plan”
.
In section 124(1) and (2), after “local authority”
, insert “or spatial plan committee”
.
In section 124(1)(b), after “Resource Management Act 1991”
, insert “or Schedule 2 or 3 of the Planning Act 2026”
.
In section 124(2), replace “or district plan”
with “district plan, natural environment plan, land use plan, or regional spatial plan”
.
In section 124(3), after “resource consent”
, insert “, planning consent, or natural resource permit”
.
In section 124(3), replace “the consent authority”
with “the consent authority under the Resource Management Act 1991 or the Planning Act 2026, or the permit authority under the Natural Environment Act 2026,”
.
In Schedule 5, after clause 1(g), insert:
(ga)
Natural Environment Act 2026 (in relation to preparing, varying, changing, or approving a natural environment plan):
In Schedule 5, after clause 1(h), insert:
(ha)
Planning Act 2026 (in relation to preparing, varying, changing, or approving a regional spatial plan or land use plan):
In Schedule 5, after clause 2(b), insert:
(ba)
Natural Environment Act 2026, to the extent that it is not within clause 1(ga):
(bb)
Planning Act 2026, to the extent that it is not within clause 1(ha):
Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 (2010 No 119)
After section 18(4)(b), insert:
(ba)
Natural Environment Act 2026:
(bb)
Planning Act 2026:
Offshore Renewable Energy Act 2026 (2026 No 39)
In section 14(a)(i), delete “Mana Whakahono ā Rohe or”
.
In section 23(1)(a)(i), delete “Mana Whakahono ā Rohe or”
.
In section 35(2)(a)(i), delete “Mana Whakahono ā Rohe or”
.
In section 62(e)(i), delete “Mana Whakahono ā Rohe or”
.
In section 68(5)(d)(i), delete “Mana Whakahono ā Rohe or”
.
Ombudsmen Act 1975 (1975 No 9)
In Schedule 1, Part 3, insert in its appropriate alphabetical order:
Spatial plan committees
Overseas Investment Act 2005 (2005 No 82)
In section 6(1), definition of historic heritage, replace “section 2(1) of the Resource Management Act 1991”
with “section 3 of the Planning Act 2026”
.
In section 6(1), definitions of kaitiakitanga, lake, natural and physical resources, and river, replace “section 2(1) of the Resource Management Act 1991”
with “section 3 of the Natural Environment Act 2026”
.
In Schedule 1, Part 1, table 1, item 8, after “Resource Management Act 1991”
, insert “, or proposed land use plan under the Planning Act 2026”
.
Public Works Act 1981 (1981 No 35)
In section 2, replace the definition of Environment Court with:
Environment Court has the meaning given in section 3 of the Planning Act 2026
In section 24(6A)(a), after “Resource Management Act 1991,”
, insert “section 339 of the Planning Act 2026, or section 341 of the Natural Environment Act 2026,”
.
In section 24(14), replace “sections 299 and 308 of the Resource Management Act 1991”
with “clauses 75 and 84 of Schedule 9 of the Planning Act 2026”
.
Repeal section 36A.
In section 59, definition of notified, after paragraph (a), insert:
(aa)
made the subject of a proposed designation by a Minister of the Crown, a local authority, or a core infrastructure operator under the Planning Act 2026, or under the corresponding provisions of any former enactment; or
In section 118(2), replace “section 2(1) of the Resource Management Act 1991”
with “section 3 of the Natural Environment Act 2026”
.
Remuneration Authority Act 1977 (1977 No 110)
In Schedule 4, after the item relating to the Parliamentary Commissioner for the Environment, insert:
The Principal Adjudicator, Deputy Principal Adjudicator, and adjudicators of the Planning Tribunal established under clause 2 of Schedule 10 of the Planning Act 2026
Resource Management Act 1991 (1991 No 69)
Repeal subpart 2 of Part 5.
After section 68A(2), insert:
(3)
Despite subsection (1), a rule that is made operative after the commencement of this subsection may be included in a regional coastal plan that authorises as a permitted activity any aquaculture activity in the coastal marine area if the rule applies solely to a space where an aquaculture activity is authorised by a current coastal permit.
In section 70(3), replace “subsection (1)(d), (f), or (g)”
with “subsection (1)(c) to (g)”
.
In section 107(2A), replace “subsection (1)(g)”
with “subsection (1)(c) to (g)”
in each place.
Replace section 342A(2) with:
(2)
A person must not—
(a)
enter into, or offer to enter into, a contract described in subsection (1); or
(b)
through a contract of insurance (as defined in section 7(1) of the Insurance (Prudential Supervision) Act 2010)—
(i)
indemnify, or offer to indemnify, another person for the other person’s liability to pay a fine or an infringement fee under this Act; or
(ii)
be indemnified, or agree to be indemnified, by another person for that person’s liability to pay a fine or an infringement fee under this Act; or
(iii)
pay to another person, or receive from another person, an indemnity for a fine or an infringement fee under this Act.
In Schedule 12, after Part 11, insert:
Part 12 Provisions relating to Planning Act 2026
68 Application of amendments to section 70(3) (rules about discharges)
The amendments to section 70(3) made by section 343 and Schedule 12 of the Planning Act 2026 apply to the following:
(a)
a proposed plan that is notified on or after the date on which that Act received Royal assent:
(b)
a proposed plan notified before the date on which that Act received Royal assent that is the subject of an appeal and any ongoing court proceedings.
69 Effect of amendments to section 107(2A) on applications for discharge or coastal permits
The amendments made to section 107(2A) by section 343 and Schedule 12 of the Planning Act 2026 apply to an application for a discharge permit or coastal permit—
(a)
that is lodged with a consent authority on or after the date on which that Act received Royal assent; or
(b)
that is lodged with a consent authority before the date on which that Act received Royal assent, but the consent authority has not, before that date, served notice of its decision on the application; or
(c)
if a consent authority has served notice of its decision to grant consent, but the consent is the subject of an appeal or any on-going court proceedings.
Provisions relating to Manawatū-Whanganui Regional Council One Plan
70 Modification of aspects of One Plan
(1)
Until the close of 31 December 2032, Rule LF-LW-R14 of One Plan must be treated as amended by replacing conditions 3b, 3c, and 3d with:
b
for commercial vegetable growing*, good management practices* will be implemented, and the growing area does not exceed the baseline commercial growing area*; or
c
for other intensive farming land* uses, good management practices* will be implemented; and
d
the good management practices* proposed under 3b and 3c above will be implemented within two years of the grant of the consent.
(2)
Until the close of 31 December 2032, Rule LF-LW-R14 of One Plan must be treated as amended by replacing matter of control 2 with:
2
the nitrogen leaching loss from the land* where relevant under condition 3a and the good management practices* and best management practices* (and additional measures where necessary) to limit nitrogen leaching loss from the land* to the limit specified in condition 3a and to avoid, remedy, or mitigate nutrient leaching and run-off, faecal contamination, and sediment losses from the land*
2A
the good management practices* implemented under conditions 3b, 3c, and 3d to avoid, remedy, or mitigate nutrient leaching and run-off, faecal contamination, and sediment losses from the land*
(3)
Until the close of 31 December 2032, Rule LW-LF-R14 must be treated as amended by replacing matter of control 8 with:
8
compliance monitoring and reporting, including, where relevant under condition 3(a), the timing and frequency of supply to the regional council of nitrogen leaching estimates calculated using OVERSEER®
(4)
Until the close of 31 December 2032, the definition of Baseline Commercial Growing Area in One Plan must be treated as replaced by the following definition:
Baseline Commercial Growing Area
means the aggregated area of land utilised for commercial vegetable production in the 2012/2013 growing season and includes all land utilised for commercial vegetable production in the 2012/2013 growing season that:
a.
remains under the control (owned or leased) of a single grower or enterprise, and
b.
includes any area of land that has been brought under the control (purchased, leased or otherwise) of the grower or enterprise from another grower or enterprise since the 2012/2013 growing season, and
c.
excludes any area of land transferred out of the control (sold, leased, or otherwise) of the grower or enterprise to another grower or enterprise.
(5)
In this clause, One Plan means the operative Manawatū-Whanganui Regional Council One Plan as amended from time to time.
Provisions relating to Waikato Regional Council’s Plan Change 1
71 Provisions relating to Waikato Regional Council’s PC1
Relevant dates
(1)
No relevant date under PC1 occurs before the close of 31 December 2032.
Commercial vegetable production expansion
(2)
Commercial vegetable production expansion that occurred lawfully as a permitted activity under PC1 before the commencement of this clause—
(a)
continues to be a permitted activity until the close of 31 December 2032; and
(b)
remains subject to compliance with the minimum farming standards in Schedule C of PC1.
(3)
The provisions in the Waikato Regional Plan apply to commercial vegetable production expansion occurring after the commencement of this clause.
Stock exclusion requirements
(4)
Despite PC1,—
(a)
any reference to “as soon as practicable”
in relation to stock exclusion requirements in Schedule C of PC1 does not apply before the close of 31 December 2032; but
(b)
PC1 and the other provisions of Schedule C continue to apply subject to paragraph (a).
General matters
(5)
Waikato Regional Council must, as soon as practicable after the commencement of this clause, make publicly available a version of PC1 that reflects the effect of the provisions of this clause without a process under Schedule 1 and thereafter keep the publicly available version up to date.
(6)
In this clause,—
PC1 means the Proposed Plan Change 1 to the Waikato Regional Plan as notified on 22 October 2016, including amendments arising through decisions, variations, withdrawals, appeals, and other proceedings relating to that plan change and, once operative, includes Chapter 3.11 as incorporated into the Waikato Regional Plan
relevant date means any date under PC1 that would require a person to—
(a)
prepare, certify, implement, lodge, submit for approval, or otherwise comply with a Farm Environment Plan; or
(b)
apply for a resource consent.
Soil Conservation and Rivers Control Act 1941 (1941 No 12)
In section 10A, replace “Harbours Act 1950 or the Resource Management Act 1991” with “Harbours Act 1950, the Resource Management Act 1991, or the Natural Environment Act 2026”.
Summit Road (Canterbury) Protection Act 2001 (2001 No 3 (L))
In section 4(1), definition of Environment Court, replace “section 247 of the Resource Management Act 1991”
with “clause 3 of Schedule 9 of the Planning Act 2026”
.
Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 (2017 No 7)
After section 37(2)(b), insert:
(ba)
the rest of the Natural Environment Act 2026; and
(bb)
the rest of the Planning Act 2026; and
In Schedule 2, after clause 1(o), insert:
(oa)
Natural Environment Act 2026 (in relation to preparing or changing a natural environment plan):
In Schedule 2, after clause 1(p), insert:
(pa)
Planning Act 2026 (in relation to preparing or changing a regional spatial plan or land use plan):
In Schedule 2, after clause 2(a), insert:
(aa)
Natural Environment Act 2026, to the extent that it is not within clause 1(oa):
(ab)
Planning Act 2026, to the extent that it is not within clause 1(pa):
Te Ture Whenua Maori Act 1993 (1993 No 4)
In section 99(3), replace “section 2(1) of the Resource Management Act 1991”
with “section 3 of the Planning Act 2026”
.
In section 123(6A), replace “section 2(1) of the Resource Management Act 1991”
with “section 3 of the Planning Act 2026”
.
Urban Development Act 2020 (2020 No 42)
In section 58(b), replace “.”
with “; or”
.
After section 58(b), insert:
(c)
the following instruments made under the Natural Environment Act 2026:
(i)
national policy direction:
(ii)
national standards:
(iii)
regulations; or
(d)
the following instruments made under the Planning Act 2026:
(i)
national policy direction:
(ii)
national standards:
(iii)
regulations.
Repeal section 89(3).
In section 95(b), after “Resource Management Act 1991”
, insert “, the Natural Environment Act 2026, and the Planning Act 2026”
.
Replace the cross-heading above section 98 with:
Regional, district, land use, or natural environment plan changes in transitional period
In section 98(1), replace “district or regional plan”
with “land use plan, natural environment plan, district plan, or regional plan”
.
In section 98(2), replace “resource management”
with “resource management, land use, planning, or natural resource”
.
After section 108(1)(a), insert:
(aa)
to keep and maintain records under section 232 of the Natural Environment Act 2026:
(ab)
to keep and maintain records under section 220 of the Planning Act 2026:
In the heading to section 130, replace “section 85 of Resource Management Act 1991”
with “section 128 of Planning Act 2026 or section 128 of Natural Environment Act 2026”
.
In section 130,—
(a)
replace “section 299 of the Resource Management Act 1991”
with “clause 75 of Schedule 9 of the Planning Act 2026 or section 248 of the Natural Environment Act 2026, which applies that schedule”
; and
(b)
replace “section 85 of that Act”
with “section 128 of the Planning Act 2026 or section 128 of the Natural Environment Act 2026”
.
In Schedule 3, clause 8(2), replace “were a board of inquiry with authority to conduct a hearing under section 149J of the Resource Management Act 1991”
with “were an independent hearings panel with the authority to conduct a hearing under the Planning Act 2026”
.
Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 (2010 No 24)
After section 17(4)(b), insert:
(ba)
Natural Environment Act 2026:
(bb)
Planning Act 2026:
Waitakere Ranges Heritage Area Act 2008 (2008 No 1 (L))
Replace the cross-heading above section 9 with:
Matters relating to Resource Management Act 1991, Natural Environment Act 2026, and Planning Act 2026
After section 9, insert:
9A Relationship between this Act and Natural Environment Act 2026 and Planning Act 2026
If a conflict arises between this Act and the Natural Environment Act 2026 or the Planning Act 2026, those Acts prevail.
9B Regional spatial plan
(1)
To the extent of any inconsistency, this Act prevails over a regional spatial plan prepared under subpart 1 of Part 3 of the Planning Act 2026.
(2)
When adopting or amending a regional spatial plan, the Council must ensure that its provisions are not inconsistent with the purpose of this Act or the objectives.
9C Natural environment plan
(1)
When preparing or reviewing a natural environment plan that affects the heritage area, the Council 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 sections 106 and 119 of the Natural Environment Act 2026.
(3)
When evaluating a proposed natural environment plan, change, or variation that affects the heritage area, the Council must also examine whether the plan, change, or variation 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 10 of Schedule 3 of the Planning Act 2026.
After section 11, insert:
11A Land use plans
(1)
When preparing or reviewing a land use plan that affects the heritage area, the Council 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 sections 103 and 120 of the Planning Act 2026.
(3)
When evaluating a proposed land use plan, change, or variation that affects the heritage area, the Council must examine whether the plan, change, or variation 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 10 of Schedule 3 of the Planning Act 2026.
In the heading to section 16, after “declarations”
, insert “in relation to Resource Management Act 1991”
.
In section 16(b), (c), and (d), replace “sections 10 to 15”
with “sections 10, 11, and 12 to 15”
.
After section 16, insert:
16A Applications for declarations in relation to Natural Environment Act 2026 or Planning Act 2026
(1)
Sections 250 to 254 of the Natural Environment Act 2026 apply as if the matters referred to in subsection (3) were stated in section 251 of that Act as matters that a declaration may declare.
(2)
Sections 254 to 258 of the Planning Act 2026 apply as if the matters referred to in subsection (3) were stated in section 255 of that Act as matters that a declaration may declare.
(3)
The matters are—
(a)
the application of section 9A; or
(b)
the existence or extent of any function, power, right, or duty under any of sections 9B, 9C, and 11A; or
(c)
whether an act or omission, or a proposed act or omission, contravenes or is likely to contravene any of sections 9B, 9C, and 11A; or
(d)
any other issue or matter relating to the interpretation, administration, or enforcement of any of sections 9B, 9C, and 11A.
In the heading to section 24, replace “Foreshore and Seabed Act 2004”
with “Marine and Coastal Area (Takutai Moana) Act 2011”
.
In section 24, replace “Foreshore and Seabed Act 2004”
with “Marine and Coastal Area (Takutai Moana) Act 2011”
.
After section 28, insert:
28A Relationship between LAP and Planning Act 2026
(1)
The Council may include in its land use plan any part of a LAP that may be included in a land use plan under the Planning Act 2026.
(2)
For the purposes of subsection (1), the LAP or the parts of the LAP must be treated as a proposed plan change, and Part 1 of Schedule 3 of the Planning Act 2026 applies accordingly, with any necessary modification.
(3)
For the avoidance of doubt, a LAP or a provision of a LAP has no effect on any decision under the Planning Act 2026.
(4)
Subsection (3) is subject to subsections (1) and (2) and the Planning Act 2026.
28B Relationship between LAP and Natural Environment Act 2026
(1)
The Council may include in its natural environment plan any part of a LAP that may be included in a natural environment plan under the Natural Environment Act 2026.
(2)
For the purposes of subsection (1), the LAP or the parts of the LAP must be treated as a proposed plan change, and Part 1 of Schedule 3 of the Planning Act 2026 applies accordingly, with any necessary modification.
(3)
For the avoidance of doubt, a LAP or a provision of a LAP has no effect on any decision under the Natural Environment Act 2026.
(4)
Subsection (3) is subject to subsections (1) and (2) and the Natural Environment Act 2026.
Replace section 35(b) with:
(b)
any statutory acknowledgement included in any enactment and listed in Schedule 11 of the Resource Management Act 1991, Schedule 7 of the Natural Environment Act 2026, or Schedule 13 of the Planning Act 2026:
Waste Minimisation Act 2008 (2008 No 89)
In section 5(1), replace the definition of environment with:
environment includes—
(a)
ecosystems and their constituent parts, including people and communities; and
(b)
all natural and physical resources; and
(c)
amenity values; and
(d)
the social, economic, aesthetic, and cultural conditions that affect the matters stated in paragraphs (a) to (c) or that are affected by those matters
In section 5(1), insert in its appropriate alphabetical order:
natural and physical resources has the meaning given in section 3 of the Natural Environment Act 2026
Water Services Act 2021 (2021 No 36)
In section 5, definition of water, replace “section 2(1) of the Resource Management Act 1991”
with “section 3 of the Natural Environment Act 2026”
.
Water Services Authority—Taumata Arowai Act 2020 (2020 No 52)
After section 5(f)(ii)(A), insert:
(AA)
take into account any relevant national instruments and natural environment plans issued under the Natural Environment Act 2026 that relate to freshwater; and
After section 18(2)(e)(i)(B), insert:
(C)
any relevant national instruments made under Part 2 of the Natural Environment Act 2026; and
(D)
any natural environment plans prepared under the Natural Environment Act 2026:
Part 2Amendments to RMA that commence 1 month after this Act receives Royal assent
Section 2
In section 2(1), insert in their appropriate alphabetical order:
initial national standard has the meaning given in clause 10 of Schedule 1 of the Planning Act 2026
specified transition date has the meaning given in clause 1 of Schedule 1 of the Planning Act 2026
Section 4
In section 4(3), replace “Section 9(3) does not apply”
with “Section 9(1), to the extent that it relates to a rule in an initial national standard, and section 9(3) do not apply”
.
Section 9
In section 9(1) and (5), after “national environmental standard”
, insert “or a rule in an initial national standard”
.
Section 11
In section 11(1)(a), after “national environmental standard,”
, insert “a rule in an initial national standard,”
.
Section 12
In section 12(1), (2), and (3), after “national environmental standard,”
, insert “a rule in an initial national standard,”
.
In section 12(4)(b), after “national environmental standard”
, insert “or a rule in an initial national standard”
.
In section 12(5), after “national environmental standard”
, insert “or a rule in an initial national standard”
.
Section 13
In section 13(1), after “national environmental standard,”
, insert “a rule in an initial national standard,”
.
In section 13(2), after “national environmental standard,”
, insert “a rule in an initial national standard,”
.
Section 14
In section 14(1), after “national environmental standard,”
, insert “a rule in an initial national standard,”
.
In section 14(3)(a), after “national environmental standard,”
, insert “a rule in an initial national standard,”
.
Section 15
In section 15(1), after “regulations,”
, insert “a rule in an initial national standard,”
.
In section 15(2), after “national environmental standard,”
, insert “a rule in an initial national standard,”
.
In section 15(2A)(a), after “regulations”
, insert “or a rule in an initial national standard”
.
Section 16
In section 16(2), after “national environmental standard,”
, insert “rule in an initial national standard,”
.
Section 17
In section 17(1)(b), after “national environmental standard,”
, insert “a rule in an initial national standard,”
.
New section 18B
After section 18A, insert:
18B Additional procedural principles
(1)
This section applies to a person exercising a power or performing a function—
(a)
during the transition period; and
(b)
that relates to a decision on a resource consent or a decision or recommendation on a notice of requirement.
(2)
The person must take all practicable steps to—
(a)
ensure that all documents are succinct and use plain language that can be readily understood by the public:
(b)
ensure that they have sufficient and necessary information to understand the implications of their decision (if any), after considering—
(i)
the cost and feasibility of obtaining the information; and
(ii)
the scale and significance of the matter to which the decision relates:
(c)
act in a pragmatic way that supports practical solutions.
(3)
This section is additional to, and does not limit, the requirements of section 18A.
(4)
In this section, transition period has the meaning given in clause 1 of Schedule 1 of the Planning Act 2026.
Section 28B
In section 28B(d), replace “(as a result of amendments to the regional plan by regulations made under section 360A)”
with “or in a rule in an initial national standard”
.
Section 32
In section 32(4), after “national environmental standard”
, insert “or an initial national standard”
.
Section 35
In section 35(5)(ga), after “95G,”
, insert “104AA,”
.
Section 36
In section 36(1)(ae), after “87BB”
, insert “or 104AA”
.
In section 36(1)(caaa), after “any rule in a plan”
, insert “or a rule in an initial national standard”
.
In section 36(1)(caab), after “a regulation,”
, insert “a rule in an initial national standard,”
.
In section 36(1)(cb)(v), after “national environmental standard”
, insert “, rules in initial national standards,”
.
In section 36(1)(cc), after “section 43A(8)”
, insert “or in accordance with an initial national standard”
.
New section 43AB
After section 43A, insert:
43AB Certain references to standards to be read as references to rules in initial national standards
(1)
A reference to a national environmental standard or a standard in sections 43B to 43E must be read as a reference to a national environmental standard or a rule in an initial national standard.
(2)
Subsection (1) applies to sections 43B to 43E with all necessary modifications.
43AC Relationship between initial national standards and other instruments
If there is any conflict or duplication between an initial national standard and any of the following documents, the initial national standard prevails:
(a)
a national policy statement:
(b)
a New Zealand coastal policy statement:
(c)
a national environmental standard:
(d)
a regional policy statement:
(e)
a plan or a proposed plan.
Section 43B
Before section 43B(1), insert:
(1AAA)
This section is subject to section 43AC.
Section 43C
Before section 43C(1), insert:
(1AAA)
This section is subject to section 43AC.
Section 43D
Before section 43D(1), insert:
(1AAA)
This section is subject to section 43AC.
Section 43E
Before section 43E(1), insert:
(1AAA)
This section is subject to section 43AC.
Section 44A
In the heading to section 44A, after “standards”
, insert “and initial national standards”
.
After section 44A(8), insert:
(9)
In this section, a reference to a national environmental standard must be read as including a reference to an initial national standard.
(10)
This section is subject to section 43AC.
Section 58JA
In the heading to section 58JA, replace “31 December 2027”
with “specified transition date”
.
In section 58JA, replace “31 December 2027”
with “the specified transition date”
.
Section 58JB
After section 58JB(4)(c), insert:
(ca)
an initial national standard:
Section 58JD
After section 58JD(5)(c), insert:
(ca)
an initial national standard:
Section 76
After section 76(5), insert:
(6)
A rule must not require a resource consent for an activity solely because it relates to a matter specified in section 104(1A).
New section 76A
After section 76, insert:
76A Amendments to plans during transition period to remove or modify out-of-scope matters
A territorial authority may, during the transition period, amend provisions in a district plan, without using the process in Schedule 1, to—
(a)
remove provisions relating to matters specified in section 104(1A):
(b)
modify provisions to the extent necessary to ensure that matters specified in section 104(1A) no longer apply or are no longer considered.
New section 77SA
After section 77S, insert:
77SA Exemption from NPS-UD in specified transition period
(1)
All tier 1 and tier 2 local authorities are exempt from the following NPS-UD requirements until the specified transition date:
(a)
clause 3.10(2) (assessing demand and development capacity under a Housing and Business Development Capacity Assessment):
(b)
clause 3.12(1) (preparation of a Future Development Strategy):
(c)
clause 3.16 (review of a Future Development Strategy):
(d)
clause 3.18(1) (compliance with ongoing requirements for Future Development Strategy implementation plans):
(e)
clause 3.19(1) (obligation to prepare a Housing and Business Development Capacity Assessment).
(2)
This section overrides Part 1 of Schedule 3C and Part 10 of Schedule 12.
Cross-heading above section 79
Repeal the cross-heading above section 79.
Section 79
Repeal section 79.
Subpart 5B heading in Part 5
In Part 5, in the subpart 5B heading, replace “31 December 2027”
with “specified transition date”
.
Section 80O
In section 80O, definition of exemption, replace “31 December 2027”
with “specified transition date”
.
Section 80P
In the heading to section 80P, replace “31 December 2027”
with “specified transition date”
.
In section 80P(1), replace “31 December 2027”
with “the specified transition date”
.
New section 80YA
After section 80Y, insert:
80YA Application of subpart 5B to private plan changes
(1)
Despite anything to the contrary in this Act, on and after 1 January 2028 and until the specified transition date, a local authority must not notify a draft private plan change unless the Minister grants an exemption under this section.
(2)
A local authority may apply in writing to the Minister for an exemption from the prohibition against notifying a draft private plan change.
(3)
Section 80V applies to the local authority’s application with any necessary modifications.
(4)
Section 80W applies to the Minister’s consideration of the application with any necessary modifications.
(5)
Sections 80X and 80Y apply to the Minister’s decision on the application with any necessary modifications.
Section 86H
In section 86H(2)(b), after “national environmental standard”
, insert “or a rule in an initial national standard”
.
Section 87A
In section 87A(2)(b) and (3)(a), after “national environmental standard,”
, insert “initial national standard,”
.
In section 87A(6), after “(including a national environmental standard),”
, insert “a rule in an initial national standard,”
.
After section 87A(8)(a), insert:
(aa)
any rule in an initial national standard; and
Section 87BB
In section 87BB(1)(a), after “(including any national environmental standard),”
, insert “an initial national standard,”
.
After section 87BB(1), insert:
(1A)
In deciding whether to give notice under subsection (1)(d), a consent authority must disregard any effects described in section 104(1A) if, but for section 104(1A), the activity would require a district land use consent.
Section 92
After section 92(2A), insert:
(2AA)
A consent authority must not request further information nor commission a report in relation to the effects of an application for a district land use consent that are described in section 104(1A).
Section 95A
Replace section 95A(4)(a) with:
(a)
if the answer is yes, do not publicly notify the application, but determine whether to give limited notification of the application under section 95B; and
After section 95A(5)(a)(ii), insert:
(iia)
a rule in an initial national standard:
Replace section 95A(7)(b) with:
(b)
if the answer is no, do not publicly notify the application but determine whether to give limited notification of the application under section 95B.
Repeal section 95A(9) and the heading above section 95A(9).
Section 95B
After section 95B(6)(a)(ii), insert:
(iia)
a rule in an initial national standard:
Section 95C
In section 95C(4), after “national environmental standard”
, insert “or rule in an initial national standard”
.
Section 95D
In section 95D(b) and (c), after “national environmental standard”
, insert “or a rule in an initial national standard”
.
After section 95D(e), insert:
(f)
must, if the application is for a district land use consent, disregard any effect described in section 104(1A).
Section 95E
In section 95E(2)(a) and (b), after “national environmental standard”
, insert “or a rule in an initial national standard”
.
After section 95E(2)(c), insert:
(d)
must, if the application is for a district land use consent, disregard any effect described in section 104(1A).
Section 104
In section 104(1)(a), after “activity”
, insert “; subject to subsection (1A)”
.
After section 104(1)(b)(v), insert:
(va)
an initial national standard:
After section 104(1), insert:
(1A)
When considering the effects of a district land use activity, a consent authority must disregard—
(a)
any of the following where they relate to residential activities (except in relation to the protection of historic heritage):
(i)
the area of glazing:
(ii)
the presence or absence of balconies:
(iii)
the outdoor living space:
(iv)
the internal layout:
(v)
the size of a residential unit:
(vi)
the size of landscaped areas (except in relation to permeability):
(b)
negative effects of development on trade competition, including on competing providers of input goods and services:
(c)
effects on retail distribution:
(d)
in relation to a project,—
(i)
any lack of demand for the project; or
(ii)
the fact that the project is not financially viable:
(e)
the type of residents to be housed in a new development:
(f)
views from private property.
(1B)
When considering an application for a district land use consent, the consent authority may disregard a national environmental standard, a plan or proposed plan, a national policy statement, or a regional policy statement to the extent that it regulates or purports to regulate a matter described in subsection (1A).
(1C)
A person who exercises a power or performs a function under this Act must not, except as provided in Schedule 1 of the Planning Act 2026, consider elements of or instruments made under that Act or the Natural Environment Act 2026 in the determination of a resource consent application or notice of requirement lodged under this Act during the transition period.
(1D)
Despite subsection (1C), the consent authority must consider the extent to which its decision on a resource consent application is consistent with—
(a)
any relevant decided regional spatial plan; or
(b)
any relevant future development strategy published before the notification of that plan.
In section 104(2), after “national environmental standard”
, insert “, an initial national standard,”
.
New section 104AA
After section 104, insert:
104AA Alternative permitted activity pathway
(1)
A consent authority may give a notice that a district land use activity that, despite non-compliance with a rule or standard relating to a matter specified in section 104(1A), is a permitted activity—
(a)
after receiving an application for a resource consent for the activity; or
(b)
on its own initiative.
(2)
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 its decision, and the information relied on in making that decision.
(3)
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.
(4)
A notice given under subsection (1) lapses 5 years after the date of the notice unless the activity permitted by the notice is given effect to.
Section 104A
In section 104A(b)(i), after “national environmental standards,”
, insert “, initial national standards,”
.
Section 104C
In section 104C(1)(a) and (3)(a), after “national environmental standards,”
, insert “initial national standards,”
.
Section 104D
Replace section 104D(1)(a) with:
(a)
the adverse effects of the activity on the environment will be minor, other than any effect—
(i)
to which section 104(3)(a)(ii) applies:
(ii)
described in section 104(1A), if the application is for a district land use consent; or
After section 104D(2), insert:
(3)
When forming an opinion under subsection (1)(b) on an application for a district land use consent, a consent authority must disregard any provision in a plan or proposed plan that regulates or purports to regulate an effect described in section 104(1A).
Section 108AA
In section 108AA(1)(b)(ii), after “national environmental standard”
, insert “, or a rule in an initial national standard”
.
In section 108AA(4), after “national environmental standard”
, insert “or a rule in an initial national standard”
.
Section 113
After section 113(1)(ab)(iv), insert:
(iva)
an initial national standard:
Section 123A
In section 123A(2)(c), after “national environmental standard”
, insert “or an initial national standard”
.
Section 123B
In section 123B(2)(b), after “national environmental standard,”
, insert “an initial national standard,”
.
Section 127
In section 127(3B)(b), after “national environmental standard”
, insert “or a rule in an initial national standard”
.
Section 128
In section 128(1)(ba), after “national environmental standards”
, insert “, initial national standards,”
.
Section 137
In section 137(4)(b) and (d), after “national environmental standard”
, insert “or a rule in an initial national standard”
.
Section 139
In section 139(8A), after “87BB(1)(d)”
, insert “or 104AA(1)”
.
In section 139(10)(a), after “national environmental standard”
, insert “or initial national standard”
.
Section 149L
In section 149L(5)(a), after “national environmental standards,”
, insert “initial national standards,”
.
Section 149ZCB
In section 149ZCB(2)(c) and (3)(a), after “national environmental standard”
, insert “or a rule in an initial national standard”
.
Section 149ZCC
In section 149ZCC(2) and (3), after “national environmental standard”
, insert “or a rule in an initial national standard”
.
Section 149ZCD
In section 149ZCD(3), after “national environmental standard”
, insert “or a rule in an initial national standard”
.
Section 149ZCE
In section 149ZCE(b) and (c), after “national environmental standard”
, insert “or a rule in an initial national standard”
.
After section 149ZCE(e), insert:
(f)
must, in the case of an application for a district land use consent or a notice of requirement, disregard any effect described in section 104(1A).
Section 149ZCF
In section 149ZCF(2)(a) and (b), after “national environmental standard”
, insert “or a rule in an initial national standard”
.
After section 149ZCF(2)(c), insert:
(d)
must, in the case of an application for a district land use consent or a notice of requirement, disregard any effect described in section 104(1A).
Section 165I
In section 165I(4), after “If a regional coastal plan”
, insert “or an initial national standard”
.
In section 165I(4), after “regulations under section 360A”
, insert “or as a result of an initial national standard”
.
Section 165J
In section 165J(1), after “that has legal effect”
, insert “or an initial national standard”
.
In section 165J(3), after “regional coastal plan”
, insert “or an initial national standard”
.
In section 165J(4)(b), after “operative”
, insert “or the initial national standard has legal effect”
.
Section 165L
In section 165L(1)(b)(i) and (ii), after “regional coastal plan”
, insert “or an initial national standard”
.
Section 165ZFHHA
In section 165ZFHHA(1), replace “3 September 2030”
with “the day before the specified transition date”
.
Section 165ZFHI
In section 165ZFHI(2)(aa)(ii), replace “3 September 2030”
with “the day before the specified transition date”
.
Section 166
In section 166(1), definition of network utility operator, after paragraph (hb), insert:
(hc)
is Health New Zealand and operates or proposes to operate health facilities to meet its obligations under the Healthy Futures (Pae Ora) Act 2022; or
(hd)
operates or proposes to operate facilities for an emergency service (for example, an ambulance or fire service); or
In section 166(1), definition of requiring authority, after paragraph (c), insert:
(d)
a designating authority under clause 8 of Schedule 5 of the Planning Act 2026, but only in relation to a designation or an alteration to a designation—
(i)
for which it is responsible; and
(ii)
that is included in a district plan under clauses 15(2) and (3) of Schedule 1 of that Act
Section 168A
After section 168A(3)(a)(i), insert:
(ia)
any relevant initial national standard:
After section 168A(3A), insert:
(3B)
When considering the effects on the environment of allowing the requirement under subsection (3), the territorial authority must not have regard to any matters specified in section 104(1A).
(3C)
The territorial authority must consider the extent to which its decision on a notice of requirement application is consistent with—
(a)
any relevant decided regional spatial plan; or
(b)
any relevant future development strategy published before the notification of that plan.
Section 169
In section 169(1B), after “national environmental standard”
, insert “or initial national standard”
.
Section 171
After section 171(1)(a)(i), insert:
(ia)
any relevant initial national standard:
After section 171(1B), insert:
(1C)
When considering the effects on the environment of allowing the requirement under subsection (1), the territorial authority must not have regard to any matters specified in section 104(1A).
(1D)
The territorial authority must consider the extent to which its recommendation on a notice of requirement application is consistent with—
(a)
any relevant decided regional spatial plan; or
(b)
any relevant future development strategy published before the notification of that plan.
Section 176
After section 176(3), insert:
(4)
A designation that is included in a district plan under clause 15(2) of Schedule 1 of the Planning Act 2026 does not authorise the contravention of a rule in a district plan that relates to indigenous biodiversity.
Section 189A
In section 189A(2B), after “national environmental standard”
, insert “or initial national standard”
.
Section 190
In section 190(1B), after “national environmental standard”
, insert “or a rule in an initial national standard”
.
Section 217B
In section 217B. definition of certified freshwater farm plan, replace “as amended from time to time in accordance with section 217E(2) or (3)”
with “as required by section 217E(3) and as amended from time to time in accordance with section 217E(5) or (6)”
.
In section 217B, insert in their appropriate alphabetical order:
limited certified freshwater farm plan means the part of a freshwater farm plan certified under section 217G, as required by section 217E(4) and as amended from time to time in accordance with section 217E(5) or (6)
prescribed activity means a farm activity identified in regulations as requiring a certified freshwater farm plan or a limited certified freshwater farm plan
In section 217B, definition of specified instrument, after “national environmental standard,”
, insert “initial national standard,”
.
Section 217E
Replace section 217E with:
217E Main duties of farm operators
(1)
This clause applies to a farm operator of a farm that is required to have a freshwater farm plan.
(2)
The farm operator must—
(a)
prepare a freshwater farm plan in accordance with this Part and regulations; and
(b)
ensure that the farm operates in compliance with the freshwater farm plan; and
(c)
if the freshwater farm plan or a part of the plan is required to be certified, arrange for the farm to be audited in accordance with this Part and regulations for compliance with the freshwater farm plan.
(3)
The farm operator must submit the freshwater farm plan for certification if—
(a)
the farm is located in a catchment prescribed in regulations; or
(b)
the operator is required to submit the freshwater farm plan for certification to meet other regulatory requirements.
(4)
If the farm operator is undertaking 1 or more prescribed activities, the farm operator must submit the parts of the plan for certification that address the prescribed activities.
(5)
The farm operator must keep the certified freshwater farm plan or limited 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 Part and regulations.
(6)
The farm operator must amend and submit for recertification a certified freshwater farm plan or a limited certified freshwater farm plan if any circumstances prescribed by regulations apply.
(7)
The farm operator must comply with the same freshwater farm plan certification requirements under this Act as a farm operator referred to in subsection (3) if—
(a)
the farm operator is not required under subsection (3) to have the farm’s freshwater farm plan certified; but
(b)
the farm operator chooses to have the farm’s freshwater farm plan certified.
(8)
The farm operator must comply with the same freshwater farm plan certification requirements under this Act as a farm operator referred to in subsection (3) if subsection (4) applies and the farm operator chooses to have all of the farm’s freshwater farm plan certified.
Section 217F
In section 217F(a), delete “any”
.
Section 217G
Replace section 217G(1) with:
(1)
A farm operator who must submit a freshwater farm plan or part of the plan for certification must do so within the prescribed time frame.
Replace section 217G(2) with:
(2)
The certifier must certify—
(a)
a freshwater farm plan if the certifier is satisfied that the plan complies with the requirements in section 217F; and
(b)
a part of a freshwater farm plan if the certifier is satisfied that the part of the plan complies with the requirements in section 217F.
Replace section 217G(3)(a) and (b) with:
(a)
that a freshwater farm plan or part of a freshwater farm plan has been certified; and
(b)
if the certification relates to part of a freshwater farm plan, the prescribed activities to which the certification applies; and
(c)
the date on which the freshwater farm plan or part of a freshwater farm plan was certified.
In section 217G(4), after “plan”
, insert “or a limited certified freshwater farm plan”
.
Section 217H
Replace section 217H(1) with:
(1)
A farm operator must, if the farm is required under section 217E(2)(c) to be audited, arrange, within the prescribed time frame, for an auditor to audit,—
(a)
for a certified freshwater farm plan, the farm for compliance with the plan; and
(b)
for a limited certified freshwater farm plan,—
(i)
the part or parts of the farm on which the prescribed activities are undertaken in relation to which the certification applies, for compliance with the relevant part or parts of the plan; and
(ii)
if mitigations have been put in place to manage the effects of the prescribed activities, the part or parts of the farm where the mitigations have been put in place for compliance with the relevant part or parts of the plan.
Section 217I
In section 217I(1)(c), after “certified”
, insert “in whole or in part”
.
Section 217J
Replace section 217J(a) and (b) with:
(a)
whether the farm’s freshwater farm plan or a part of a freshwater farm plan is required to be certified; and
(b)
if the plan or part of a plan is certified, the date on which it was certified; and
(c)
if the farm is required under section 217E(2)(c) to be audited, the date on which the farm was last audited for compliance with the freshwater farm plan; and
(ca)
in the case of a limited certified freshwater farm plan, the prescribed activity or activities to which certification relates; and
Section 217L
In section 217L(3), after “plan”
, insert “or a limited certified freshwater farm plan”
.
Section 217M
In section 217M(1)(ca), after “plan”
, insert “or a limited certified freshwater farm plan”
.
In section 217M(1)(d)(i), replace “any adverse”
with “adverse”
.
In section 217M(1)(e), after “plan”
, insert “or part of a plan”
.
In section 217M(1)(f), after “plan”
, insert “or a limited certified freshwater farm plan”
.
In section 217M(1)(g), replace “that must be audited for compliance with a freshwater farm plan”
with “or part of a farm that must be audited for compliance with a freshwater farm plan or part of a freshwater farm plan”
.
Section 314
In section 314(1)(a)(i) and (b)(i), after “any regulations,”
, insert “a rule in an initial national standard,”
.
Section 322
In section 322(1)(a)(i), after “any regulations,”
, insert “a rule in an initial national standard,”
.
In section 322(1)(b)(i), after “a regulation,”
, insert “a rule in an initial national standard,”
.
New section 325C and cross-heading
After section 325B, insert:
Adverse publicity orders
325C 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 local authority or the EPA; or
(b)
be made by the District Court in proceedings in that court for an offence under this Act on application by the prosecutor.
(2)
An adverse publicity order may be made against a person only if the person—
(a)
is convicted of an offence against this Act in relation to the non-compliance; or
(b)
is ordered to pay a pecuniary penalty under this Act in relation to the non-compliance.
(3)
An adverse publicity order may require the person to do 1 or more of the following:
(a)
take any specified action to publicise—
(i)
the non-compliance:
(ii)
any impacts on 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 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).
(4)
If an appeal is lodged against the conviction or pecuniary penalty in relation to the non-compliance to which the adverse publicity order relates, the order is stayed until the appeal is determined.
Compare: 2023 No 46 s 673
Section 326
In section 326(2)(a), after “national environmental standard”
, insert “or a rule in an initial national standard”
.
Section 332
In section 332(1), after “dwellinghouse”
, insert “or marae”
.
In section 332(1)(a), after “any regulations,”
, insert “a rule in an initial national standard,”
.
Replace section 332(2) with:
(2)
An enforcement officer may—
(a)
collect records of their inspection (including measurements, notes, sketches, drawings, photographs, and video recordings); and
(b)
take samples of water, air, soil, or organic matter.
Section 334
Replace section 334(1) with:
(1)
An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012), on an application made by a constable or an enforcement officer 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 are reasonable grounds 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 will be evidence of an offence against this Act or regulations that is punishable by imprisonment; or
(c)
that is intended to be used for the purpose of committing an offence against this Act or regulations that is punishable by imprisonment.
Section 335
Replace section 335 with:
335 Direction and execution of warrant for entry for search
(1)
Every search warrant issued under section 334 must be directed to any constable generally or enforcement officer generally.
(2)
If a warrant authorises the entry and search of a dwellinghouse or marae, it must be directed to and executed by any constable generally.
(3)
An enforcement officer must be accompanied by a constable during the initial entry of the place or vehicle to be searched.
(4)
Subject to the agreement of the enforcement officer, the constable may leave the place or vehicle at any time after the initial execution of the search warrant.
Compare: 1991 No 69 s 335; 2023 No 46 s 731
Section 338
After section 338(1)(d), insert:
(e)
an adverse publicity order under section 325C.
Section 339
In section 339(2), replace “$10,000”
with “$15,000”
.
In section 339(2), replace “$1,000”
with “$1,500”
.
In section 339(3), replace “$1,500”
with “$5,000”
.
Section 360F
In section 360F(2)(d), after “87BB”
, insert “or 104AA”
.
Section 360O
Repeal section 360O.
Schedule 3A
Repeal clauses 15 to 18.
Schedule 4
After clause 7(2), insert:
(3)
Despite anything in subclause (1), if the activity is a district land use, the assessment of environmental effects need not address any effect described in section 104(1A).
Part 3Amendments to Fast-track Approvals Act 2024 that commence 1 month after this Act receives Royal assent
Schedule 5
After clause 5(4), insert:
(4A)
However, an assessment under subclause (4) in respect of a resource consent application for a district land use consent need not include any of the effects set out in section 104(1A) of the Resource Management Act 1991.
In clause 12(1)(b), after “mitigated”
, insert “(however, the information need not include information in respect of any of the effects set out in section 104(1A) of the Resource Management Act 1991)”
.
Part 4Amendments to RMA relating to Planning Tribunal that commence on date set by Order in Council made under section 2(5)
Section 2
In section 2(1), insert in its appropriate alphabetical order:
Planning Tribunal means the Planning Tribunal established under clause 2 of Schedule 10 of the Planning Act 2026
Section 36
Repeal section 36(1)(af).
In section 36(7), replace “Sections 357B to 358 (which deal with rights of objection and appeal against certain decisions) apply”
with “A right of review to the Planning Tribunal applies”
.
Section 41D
Replace section 41D(3) with:
(3)
A person whose submission is struck out by a local authority, in whole or in part, has a right of review under section 357.
(4)
A person whose submission is struck out by an authority that is not a local authority, in whole or in part, has a right of objection under section 357.
Section 87E
In section 87E(9), replace “section 357A(1)(e)”
with “section 357A(1A)”
.
Section 88D
In section 88D(1)(c), replace “section 357A(1)(e)”
with “section 357A(1A)”
.
Section 88E
In section 88E(2)(b)(ii), replace “an Environment Court order revoking”
with “a Planning Tribunal order following a review of”
.
Section 91
Replace section 91(3) with:
(3)
The applicant may apply to the Planning Tribunal to review a determination under this section.
Section 99
In section 99(9)(b) and (10)(c), replace “section 357A”
with “section 357A(1A)”
.
Section 116
In section 116(1A), replace “an objection has been made”
with “a review has been applied for”
.
In section 116(1AB),—
(a)
replace “an objection has been made”
with “a review has been applied for”
; and
(b)
replace “when the objection”
with “when the review”
.
Section 120
Replace section 120(2) with:
(2)
This section is in addition to the rights provided for in section 357A (which provides for reviews by the Planning Tribunal).
Section 125
In section 125(1B), replace “Sections 357A and 357C to 358 apply”
with “Section 357A applies”
.
Section 126
In section 126(3), replace “Sections 357A and 357C to 358 apply”
with “Section 357A applies”
.
Section 139
In section 139(9), replace “Sections 357A, 357AB, and 357C to 358 apply”
with “Section 357A applies”
.
Section 139A
In section 139A(10), replace “Sections 357A, 357AB, and 357C to 358 apply”
with “Section 357A applies”
.
Section 149ZD
In section 149ZD(7), after “object”
, insert “or apply for a review”
.
Section 179
Replace section 179 with:
179 Reviews relating to sections 176 to 178
(1)
Any person who has been refused consent by a requiring authority under section 176(1)(b), 177(2), or 178(2), or who has been granted consent subject to conditions, may apply to the Planning Tribunal for a review of the refusal or the conditions.
(2)
An application under this section must—
(a)
state the reasons for the review and the relief sought; and
(b)
state any matters required to be stated by regulations; and
(c)
be lodged with the tribunal and served on the requiring authority who made the decision within 15 working days of receiving the requiring authority’s decision under section 176(1)(b), 177(2), or 178(2).
(3)
In considering a review under this section, the tribunal must have regard to—
(a)
whether the decision being reviewed has caused or is likely to cause serious hardship to the appellant; and
(b)
whether the decision would render the land which 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 tribunal may confirm or reverse the decision being reviewed or modify the decision in any manner the tribunal thinks fit.
Section 182
In section 182(6), replace “object, under section 357, to”
with “apply for a review, under section 357, of”
.
Section 184
In section 184(3), replace “object, under section 357, to”
with “apply for a review, under section 357, of”
.
Section 357
In the heading to section 357, after “against”
, insert “or review of”
.
In section 357(1), (6), and (7), replace “objection to the territorial authority”
with “review by the Planning Tribunal”
.
Replace section 357(2) with:
(2)
A person whose submission to a local authority is struck out under section 41D has a right of review by the Planning Tribunal.
(2A)
A person whose submission to an authority that is not a local authority is struck out under section 41D has a right of objection to that authority.
In section 357(3), replace “objection to the consent authority”
with “review by the Planning Tribunal”
.
After section 357(9), insert:
(10)
A right of review by the Planning Tribunal conferred by this section or section 357A—
(a)
may be exercised by applying to the tribunal in accordance with Schedule 10 of the Planning Act 2026; and
(b)
when that application is made,—
(i)
nothing in sections 357C to 358 of this Act applies to a right of review to the Planning Tribunal; and
(ii)
Schedule 10 of the Planning Act 2026 applies instead (with any necessary modifications).
(11)
Despite subsection (10) and Schedule 10 of the Planning Act 2026,—
(a)
no appeal lies against a review under section 357(2) 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)
no appeal lies against a review under section 357A(1)(f) or (g) in respect of a decision of a consent authority or hearings commissioner on an application or a review described in section 357A(2) to (4), if the right of appeal against the decision to the Environment Court in the first instance is excluded by section 120(1A).
Section 357A
In the heading to section 357A, replace “consent authority against”
with “or review of”
.
In section 357A(1), replace “objection to a consent authority”
with “review by the Planning Tribunal”
.
In section 357A(1)(a), replace “that authority”
with “a consent authority”
.
Repeal section 357A(1)(d) and (e).
After section 357A(1), insert:
(1A)
There is a right of objection to a consent authority,—
(a)
in respect of an application or a submission that a consent authority declines to process or to consider, as provided for by section 99(8), for the person who made the application or submission:
(b)
in respect of a decision of the authority under section 87E(5) to (6A), for a person who made a request under section 87D.
Section 357AB
Repeal section 357AB.
Section 357B
In the heading to section 357B, after “Right of”
, insert “review or”
.
In section 357B, delete “of objection”
.
Replace section 357B(a) with:
(a)
of review to the Planning Tribunal for a person required by a local authority to pay an additional charge under section 36(5) or costs under section 149ZD(1) in respect of that requirement:
In section 357B(ab) and (b), before “for”
, insert “of objection”
.
Section 357C
Repeal section 357C(2A).
Section 357CA
Repeal section 357CA.
Section 357D
Replace section 357D(1)(b) and (c) with:
(b)
uphold the objection in whole or in part.
In section 357D(3), replace “section 357A(1)(e)”
with “section 357A(1A)”
.
New section 357E
After section 357D, insert:
357E Additional functions of Planning Tribunal
On and after the commencement of this section, on application the Planning Tribunal may—
(a)
make declarations described in clause 20 of Schedule 10 of the Planning Act 2026, which applies with any necessary modifications:
(b)
review requests under clause 17 of Schedule 10 of the Planning Act 2026 for further information or the commissioning of a report from a person applying for a resource consent or designation, which applies with any necessary modifications:
(c)
review under clause 19 of Schedule 10 of the Planning Act 2026 the reasons for the application not being progressed in accordance with the relevant statutory time frame, which applies with any necessary modifications:
(d)
hear and resolve disputes under clause 19 of Schedule 10 of the Planning Act 2026 about the calculation of statutory time frames relating to the permit, consent, or change request, which applies with any necessary modifications:
(e)
review extensions of statutory time frames based on special circumstances that are granted under section 37A(4):
(f)
review decisions made under section 91 not to proceed with a resource consent because other consents are required:
(g)
review decisions to decline requests under section 179 for permission to undertake work on designated land.
Section 358
In section 358(1), replace “section 357A(1)(a), (d), (f), or (g)”
with “section 357A(1A)”
.
Repeal section 358(1A)(a).
In section 358(1A)(b) and (d), replace “357(2)”
with “357(2A)”
.
Schedule 1
In clause 98(2)(a) and (b), replace “section 357(2)”
with “section 357(2A)”
.
Part 5Amendments to Acts that commence on date set by Order in Council made under section 2(3)
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 23 or Schedule 7 of the Planning Act 2026”
.
Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 (2004 No 109)
In section 10(4), (4B), (4C), (5), and (6), replace “consent authority”
with “permit authority”
in each place.
In section 10(4C), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 10(6), replace “object”
with “apply for a review”
.
In section 10(6A)(a), replace “sections 120 and 121 of the Resource Management Act 1991 apply to the appeal as if it were an appeal against a decision on a review of consent conditions”
with “sections 182 and 183 of the Natural Environment Act 2026 apply to the appeal as if it were an appeal against a decision on a review of permit conditions”
.
Replace section 10(6A)(b) with:
(b)
apply for a review of the decision to the Planning Tribunal under clause 21 of Schedule 10 of the Planning Act 2026 as if it were an application to review a decision on a review of the conditions of a permit under clause 21(3)(c) of Schedule 10 of that Act.
In section 13(2), replace “section 122(3) and (4) of the Resource Management Act 1991”
with “section 184(3) and (4) of the Natural Environment Act 2026”
.
In section 20(3), (3B), (3C), (4), and (5), replace “consent authority”
with “permit authority”
in each place.
In section 20(3C), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 20(5), replace “object”
with “apply for a review”
.
In section 20(5A)(a), replace “sections 120 and 121 of the Resource Management Act 1991 apply to the appeal as if it were an appeal against a decision on a review of consent conditions”
with “sections 182 and 183 of the Natural Environment Act 2026 apply to the appeal as if it were an appeal against a decision on a review of permit conditions”
.
Replace section 20(5A)(b) with:
(b)
apply for a review of the decision to the Planning Tribunal under clause 21 of Schedule 10 of the Planning Act 2026 as if it were an application to review a decision on a review of the conditions of a permit under clause 21(3)(c) of Schedule 10 of that Act.
In section 21(3), (3B), (3C), (4), and (5), replace “consent authority”
with “permit authority”
in each place.
In section 21(3C), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 21(5), replace “object”
with “apply for a review”
.
In section 21(5A)(a), replace “sections 120 and 121 of the Resource Management Act 1991 apply to the appeal as if it were an appeal against a decision on a review of consent conditions”
with “sections 182 and 183 of the Natural Environment Act 2026 apply to the appeal as if it were an appeal against a decision on a review of permit conditions”
.
Replace section 21(5A)(b) with:
(b)
apply for a review of the decision to the Planning Tribunal under clause 21 of Schedule 10 of the Planning Act 2026 as if it were an application to review a decision on a review of the conditions of a permit under clause 21(3)(c) of Schedule 10 of that Act.
Replace section 23 with:
23 Regional councils may charge for review
Section 331 of the Natural Environment Act 2026 applies in relation to the functions of a permit authority under sections 10, 20, and 21 as if a review under any of those sections were a review by a permit authority under section 200 of the Natural Environment Act 2026.
In section 44L(1), replace “Section 165T of the principal Act”
with “Clause 19 of Schedule 4 of the Natural Environment Act 2026”
.
In section 44L(2)(a), replace “regional coastal plan”
with “natural environment plan”
.
In section 44L(3), replace “section 165S of the Resource Management Act 1991”
with “clause 18 of Schedule 4 of the Natural Environment Act 2026”
.
In section 53(2), (3), (4A), (5), (5A), and (8), replace “consent authority”
with “permit authority”
in each place.
Replace section 53(4) with:
(4)
Sections 148 and 149 of the Natural Environment Act 2026 apply, with all necessary modifications, to an application under this section as if it were an application for a natural resource permit.
In section 53(5A), (5B), and (5C), replace “regional coastal plan”
with “natural environment plan”
in each place.
Replace section 53(6) with:
(6)
Sections 182 and 183 of the Natural Environment Act 2026 apply to the decision of the permit authority under subsection (5) as if the decision were a decision on a review of permit conditions.
Replace section 53(10) with:
(10)
The holder of a deemed coastal permit may apply for a review of the decision to the Planning Tribunal under clause 21 of Schedule 10 of the Planning Act 2026 as if it were an application to review a decision on a review of the conditions of a permit under clause 21(3)(c) of Schedule 10 of that Act.
Replace section 53(11) with:
(11)
Section 331 of the Natural Environment Act 2026 applies to the functions of the permit authority under this section as if an application to amend a deemed coastal permit were an application for a natural resource permit under section 136 of that Act.
In the heading to section 54, replace “Consent authority”
with “Permit authority”
.
In section 54(2), replace “consent authority”
with “permit authority”
.
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 285 of the Planning Act 2026”
.
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 Environment Act 2026 or the Planning Act 2026”
; and
(b)
replace “Part 10 of the Resource Management Act 1991”
with “Schedule 7 of the Planning Act 2026”
.
In section 5(1D),—
(a)
replace “application of the Resource Management Act 1991”
with “application of the Natural Environment Act 2026 or the Planning Act 2026”
; and
(b)
replace “Part 10 of the Resource Management Act 1991”
with “Schedule 7 of the Planning Act 2026”
.
Biosecurity Act 1993 (1993 No 95)
In section 7(2), replace “Resource Management Act 1991”
with “Natural Environment Act 2026, the Planning Act 2026”
.
In the heading to section 7A, replace “Resource Management Act 1991”
with “Natural Environment Act 2026 and Planning Act 2026”
.
In section 7A(1) and (1)(a), replace “Part 3 of the Resource Management Act 1991”
with “subpart 2 of Part 2 of the Natural Environment Act 2026 or subpart 2 of Part 2 of the Planning Act 2026”
.
In section 7A(3)(a), after “consent authority”
, insert “or permit authority, as relevant”
.
In section 7A(4), replace “Part 3 of the Resource Management Act 1991”
with “subpart 2 of Part 2 of the Natural Environment Act 2026 or subpart 2 of Part 2 of the Planning Act 2026”
.
In section 7A(5)(a), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 and the Planning Act 2026”
.
In section 7A(5)(b), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 and the Planning Act 2026”
.
Replace section 7A(6) with:
(6)
For the purposes of this section,—
consent authority has the same meaning as in section 3 of the Planning Act 2026
permit authority has the same meaning as in section 3 of the Natural Environment Act 2026.
In section 7D(1)(a), replace “Part 3 of the Resource Management Act 1991”
with “subpart 2 of Part 2 of the Natural Environment Act 2026 or subpart 2 of Part 2 of the Planning Act 2026”
.
Replace section 71(a)(iv) with:
(iv)
a natural environment plan prepared under the Natural Environment Act 2026; or
Replace section 74(a)(iv) with:
(iv)
a natural environment plan prepared under the Natural Environment Act 2026; or
Replace section 91(a)(iii) with:
(iii)
a natural environment plan prepared under the Natural Environment Act 2026; or
Replace section 94(a)(iii) with:
(iii)
a natural environment plan prepared under the Natural Environment Act 2026; or
Building Act 2004 (2004 No 72)
In section 7(1), definition of heritage building,—
(a)
repeal paragraph (a)(iv); and
(b)
paragraph (a)(v), replace “included in a schedule of a district plan”
with “subject to protection in a land use plan”
.
In section 10, replace “Resource Management Act 1991”
with “Planning Act 2026”
in each place.
In section 35(2), definition of special feature of the land concerned, paragraph (c), replace “district plan under the Resource Management Act 1991”
with “land use plan under the Planning Act 2026”
.
In section 35A(3), replace “district plan and regional plan”
with “land use plan and natural environment plan”
.
In the heading to section 37, replace “resource”
with “planning”
.
In section 37(1)(a), replace “resource consent under the Resource Management Act 1991”
with “planning consent under the Planning Act 2026”
.
In section 37(1)(b) and (2), replace “resource consent”
with “planning consent”
.
In section 116A, replace “section 224(f) of the Resource Management Act 1991”
with “clause 27 of Schedule 7 of the Planning Act 2026”
.
In section 133BW(4)(g), replace “resource consent under the Resource Management Act 1991”
with “a natural resource permit under the Natural Environment Act 2026 or a planning consent under the Planning Act 2026”
.
Replace section 133BY with:
133BY Natural resource permit or planning consent not required for certain works
A natural resource permit under the Natural Environment Act 2026 or a planning consent under the Planning Act 2026 is not required for works that are carried out under section 133BS, 133BV, or 133BW.
In section 177(3)(h), replace “section 224(f) of the Resource Management Act 1991”
with “clause 27 of Schedule 7 of the Planning Act 2026”
.
In Schedule 1, clause 1AA, definition of rural zone, replace “district plan”
with “land use plan”
.
In Schedule 1, clause 41(2), replace “district plan”
with “land use plan”
.
Burial and Cremation Act 1964 (1964 No 75)
In section 45A(1)(c), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In section 45D(1), replace “consent has been obtained under the Resource Management Act 1991”
with “planning consent has been obtained under the Planning Act 2026”
.
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 “Schedule 7 of the Planning Act 2026”
.
Chatham Islands Council Act 1995 (1995 No 41)
Repeal section 7(1)(a)(iv).
Repeal section 7(1)(b)(iii).
Replace the cross-heading above section 26 with:
Natural environment and land use
Replace section 27 with:
27 Time periods for consent or permit hearings
Where the Natural Environment Act 2026, the Planning Act 2026, or any regulations made under those Acts, specifies any period of time within which the consent authority or permit authority or any other person must perform any action in the course of the consent or permit hearing process, and where the consent or permit is required for an activity within the area of the Chatham Islands Territory, that time period is extended by 5 working days.
In section 28, replace “section 38 of the Resource Management Act 1991”
with “section 272 of the Natural Environment Act 2026 and section 275 of the Planning Act 2026”
.
Christ Church Cathedral Reinstatement Act 2017 (2017 No 52)
In Schedule 2, repeal paragraph (h).
In Schedule 2, after paragraph (e), insert:
(ea)
the Natural Environment Act 2026:
(eb)
the Planning Act 2026:
Christchurch City Council (Robert McDougall Gallery) Land Act 2003 (2003 No 4 (L))
In section 9, replace “Resource Management Act 1991”
with “Natural Environment Act 2026, the Planning Act 2026,”
.
Christchurch District Drainage Act 1951 (1951 No 21(L))
In section 43(1), replace “and of the Resource Management Act 1991,”
with “, the Natural Environment Act 2026, and the Planning Act 2026,”
.
Christchurch District Drainage Amendment Act 1969 (1969 No 1 (L))
In section 4(1), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
Civil Aviation Act 2023 (2023 No 10)
In section 234, replace “section 11 and Part 10 of the Resource Management Act 1991”
with “section 23 and Schedule 7 of the Planning Act 2026”
.
Civil Defence Emergency Management Act 2002 (2002 No 33)
Repeal section 17(3)(j).
Replace section 111 with:
111 Restricted application of Natural Environment Act 2026 and Planning Act 2026
If a state of emergency is declared, or notice of a transition period is given, under this Act,—
(a)
the Natural Environment Act 2026 applies to emergency works as provided for in section 316 of that Act; and
(b)
the Planning Act 2026 applies to emergency works as provided for in section 318 of that Act.
Climate Change Response Act 2002 (2002 No 40)
In section 4(1), repeal the definitions of district plan and regional plan.
In section 4(1), definition of erosion-prone land, replace “regional plan or district plan”
with “natural environment plan or land use plan”
.
In section 4(1), insert in their appropriate alphabetical order:
land use plan has the meaning given in section 3 of the Planning Act 2026
natural environment plan has the meaning given in section 3 of the Natural Environment Act 2026
In section 182A(4)(a), replace “Resource Management Act 1991, including any plan under that Act, or the Forests Act 1949”
with “Natural Environment Act 2026 and the Planning Act 2026, or the Resource Management Act 1991, including any plan under those Acts, or the Forests Act 1949”
.
In section 182C(1)(c)(i), replace “Resource Management Act 1991, including any plan under that Act or the Forests Act 1949”
with “Natural Environment Act 2026 and the Planning Act 2026, or the Resource Management Act 1991, including any plan under those Acts, or the Forests Act 1949”
.
Conservation Act 1987 (1987 No 65)
Replace section 17P with:
17P Relationship with Natural Environment Act 2026 and Planning Act 2026
(1)
Except as provided in subsection (2), this Part does not relieve any person from any obligation to obtain a natural resource permit under the Natural Environment Act 2026 or planning consent under the Planning Act 2026.
(2)
Section 23 and Schedule 7 of the Planning Act 2026 do not apply to any lease granted by the Minister.
In section 23(1), replace “under the Resource Management Act 1991”
with “or continued under the Natural Environment Act 2026”
.
In section 24(5), replace “section 230 of the Resource Management Act 1991”
with “clause 38 of Schedule 7 of the Planning Act 2026”
.
In section 24(7C), replace “section 355 of the Resource Management Act 1991”
with “clause 77 of Schedule 7 of the Planning Act 2026”
.
Replace section 39(6A) with:
(6A)
It is a defence to a charge under subsection (4) if the defendant can show that the discharge of the contaminant was—
(a)
done in accordance with the conditions of a current discharge permit under the Natural Environment Act 2026; or
(b)
allowed by a national standard under subpart 5 of Part 2 of the Natural Environment Act 2026; or
(c)
authorised by any secondary legislation (including by way of an exemption) made under the Natural Environment Act 2026; or
(d)
a permitted activity in the relevant natural environment plan and any proposed natural environment plan, if there is one, under the Natural Environment Act 2026.
Corrections Act 2004 (2004 No 50)
In section 32(2A), replace “section 9 of the Resource Management Act 1991”
with “section 21 of the Planning Act 2026”
.
In the heading to section 178, replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In section 178, replace “Part 8 of the Resource Management Act 1991”
with “Schedule 5 of the Planning Act 2026”
.
Costs in Criminal Cases Act 1967 (1967 No 129)
In sections 4(5), 7(3), and 10(2), replace “or the Resource Management Act 1991”
with “the Natural Environment Act 2026, the Planning Act 2026, or the Resource Management Act 1991”
.
Crown Forest Assets Act 1989 (1989 No 99)
In section 33(1) and (2), replace “Part 10 of the Resource Management Act 1991”
with “Schedule 7 of the Planning Act 2026”
.
Crown Minerals Act 1991 (1991 No 70)
In section 2(1), definition of consent authority, replace “section 2(1) of the Resource Management Act 1991”
with “section 3 of the Planning Act 2026”
.
In section 2(1), definition of regulatory agency, after paragraph (b), insert:
(ba)
a permit authority:
In section 2(1), definition of specified Act, replace paragraph (c) with:
(c)
Natural Environment Act 2026:
(ca)
Planning Act 2026:
In section 2(1), insert in its appropriate alphabetical order:
permit authority has the same meaning as in section 3 of the Natural Environment Act 2026
In section 29A(4)(b), after “government agency,”
, insert “permit authority,”
.
Replace section 41C(3)(aa)(ii) with:
(ii)
Natural Environment Act 2026:
(iia)
Planning Act 2026:
In sections 61(3) and 61B(3),—
(a)
replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
; and
(b)
delete “(as defined in section 2(1) of that Act)”
.
In section 89B(1), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 89E(1)(a), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 90E(3), after “any consent authority”
, insert “and to any permit authority”
.
In section 90E(3)(b)(i), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
Replace section 90E(3)(b)(ii) with:
(ii)
a consent authority in the performance or exercise of its functions, duties, or powers under the Planning Act 2026; or
(iii)
a permit authority in the performance or exercise of its functions, duties, or powers under the Natural Environment Act 2026.
In Schedule 1, replace clause 12(1)(b) with:
(b)
the holder of the privilege continues to have the same statutory rights as the holder would have had if the principal Act, the Resource Management Act 1991, and the Planning Act 2026 or the Natural Environment Act 2026 had not been enacted (except that if any consent in respect of the privilege would, but for this subclause, be required and need to be sought under the Resource Management Act 1991, the Planning Act 2026, or the Natural Environment Act 2026, then the Planning Act 2026 or the Natural Environment Act 2026 (as applicable) does apply); and
In Schedule 1, heading to clause 15, replace “Resource Management Act 1991 and”
with “Natural Environment Act 2026, Planning Act 2026, and”
.
In Schedule 1, clause 15(1), replace “consent authority and the provisions of the Resource Management Act 1991”
with “permit authority or consent authority and the provisions of the Natural Environment Act 2026 or the Planning Act 2026”
.
In Schedule 1, clause 15(1)(b), replace “section 30 or 31 of the Resource Management Act 1991 and”
with “sections 228 and 229 of the Natural Environment Act 2026 and sections 216, 217, and 218 of the Planning Act 2026”
.
In Schedule 1, clause 15(3) and (4), replace “consent authority”
with “permit authority or consent authority”
in each place.
In Schedule 1, clause 15(6), replace “section 332 of the Resource Management Act 1991”
with “section 282 of the Natural Environment Act 2026 and section 289 of the Planning Act 2026, as relevant”
.
In Schedule 1, clause 15(8)(b), replace “section 30 or 31 of the Resource Management Act 1991”
with “section 229 of the Natural Environment Act 2026 and section 218 of the Planning Act 2026”
.
In Schedule 1, clause 16(1)(a) and (c), replace “consent authority”
with “permit authority or consent authority”
.
Crown Organisations (Criminal Liability) Act 2002 (2002 No 37)
In section 3(b), replace “and the Resource Management Act 1991”
with “the Natural Environment Act 2026, and the Planning Act 2026”
.
Replace section 6(1)(c) with:
(c)
an offence against the Natural Environment Act 2026:
(ca)
an offence against the Planning Act 2026:
In section 7(a), replace “Resource Management Act 1991”
with “Natural Environment Act 2026, the Planning Act 2026,”
.
In section 8(5), replace “section 4(9) of the Resource Management Act 1991”
with “section 308(5) of the Natural Environment Act 2026 or section 311(5) of the Planning Act 2026”
.
Replace section 10(1)(b)(vii) with:
(vii)
section 281 of the Natural Environment Act 2026; or
(viii)
section 284 of the Planning Act 2026; or
Crown Pastoral Land Act 1998 (1998 No 65)
In section 96(1), replace “Resource Management Act 1991,”
with “Planning Act 2026,”
.
Education and Training Act 2020 (2020 No 38)
In section 563(1)(b), replace “district plans under the Resource Management Act 1991”
with “land use plans under the Planning Act 2026”
.
Replace section 563(8) with:
(8)
If any proposed designation has been made under clause 13 of Schedule 5 of the Planning Act 2026 in respect of any work that has been transferred to an institution under this Act, the procedures specified in the Planning Act 2026 may be completed as if a Minister of the Crown continued to be financially responsible for the work and as if the work were a public work.
Replace section 564(4)(c) with:
(c)
section 349 of the Natural Environment Act 2026.
In section 571(5), replace “section 218 of the Resource Management Act 1991”
with “clause 2 of Schedule 7 of the Planning Act 2026”
.
Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72)
In section 3(4)(b), delete “or a board of inquiry hearing a resource consent application in relation to the same cross-boundary activity”
.
In section 3(9), delete “, including a cross-boundary activity that includes a matter of national significance”
.
In section 4(1), definition of existing interest, paragraph (c), replace “resource consent granted under the Resource Management Act 1991”
with “natural resource permit granted or deemed to be granted under the Natural Environment Act 2026”
.
Repeal section 16(1)(b).
In section 52A(1), delete “or 99A”
.
In section 88, definition of joint application for consent or joint application, replace “resource consent under the Resource Management Act 1991”
with “natural resource permit under the Natural Environment Act 2026”
.
In section 88, repeal the definitions of relevant resource consent authority, resource consent, and resource consent authority.
In section 88, insert in their appropriate alphabetical order:
natural resource permit has the meaning given in section 133 of the Natural Environment Act 2026
permit authority has the meaning given in section 3 of the Natural Environment Act 2026
relevant permit authority means—
(a)
the permit authority responsible for the region in which part of a cross-boundary activity is or is intended to be undertaken; or
(b)
the Minister of Conservation, in relation to 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
In section 89(1)(a), replace “resource consent”
with “natural resource permit”
.
Repeal section 89(2).
Replace section 90(a)(ii) with:
(ii)
the Natural Environment Act 2026, and any regulations, national instruments, or natural environment plans made under that Act, in relation to the part of the activity that relates to New Zealand; or
In section 90(b), replace “resource consent”
with “natural resource permit”
.
In section 91(1)(a), replace “relevant resource consent authority”
with “relevant permit authority”
.
In section 91(3), replace “section 88(2)(b) of the Resource Management Act 1991”
with “clause 1(3) of Schedule 2 of the Natural Environment Act 2026”
.
Repeal section 91(4).
In section 92(b), replace “resource consent”
with “natural resource permit”
.
In section 93(1), replace “resource consent”
with “natural resource permit”
.
In section 93(2), replace “resource and marine consents”
with “a natural resource permit and a marine consent”
.
In section 93(3)(a), replace “resource consent is lodged with it and the relevant resource consent authority”
with “natural resource permit is lodged with it and the relevant permit authority”
.
In section 93(5), replace “resource consent”
with “natural resource permit”
in each place.
Repeal section 94.
In section 94A(1) and (3)(d), replace “resource consent”
with “natural resource permit”
.
In section 94A(3)(a), replace “relevant resource consent authority”
with “relevant permit authority”
.
Replace section 94A(4)(a) with:
(a)
the relevant permit authority must resume processing the application for a natural resource permit under the Natural Environment Act 2026; and
In section 96(2), (2)(b), and (2)(d), replace “relevant resource consent authority”
with “relevant permit authority”
.
In section 96(3)(a), replace “resource consent”
with “a natural resource permit”
.
In the heading to section 97, replace “consent”
with “permit”
.
In section 97(1) and (2), replace “relevant consent authority”
with “relevant permit authority”
.
In the heading to section 98, replace “resource consent”
with “natural resource permit”
.
In section 98(1)(b), replace “relevant resource consent authority must decide the application for a resource consent”
with “relevant permit authority must decide the application for a natural resource permit”
.
Replace section 98(3) with:
(3)
Sections 162 to 180 and 186 to 195 of the Natural Environment Act 2026 apply to the application for a natural resource permit.
Repeal sections 99, 99A, and 100.
In section 113I(1)(b), replace “relevant resource consent authority”
with “relevant permit authority”
.
In section 142(e), delete “, 99, or 99A”
.
In section 158B(4), definition of regulatory agency, replace paragraph (a) with:
(a)
a permit authority as that term is defined in section 3 of the Natural Environment Act 2026:
(aa)
a consent authority as that term is defined in section 3 of the Planning Act 2026:
In Schedule 3, clause 8(1)(b)(iii), replace “relevant resource consent authority”
with “relevant permit authority”
.
In Schedule 4, clause 5(3)(c)(iii), replace “relevant resource consent authority”
with “relevant permit authority”
.
Farm Debt Mediation Act 2019 (2019 No 73)
In section 6(1), definition of property, paragraph (b), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
Fast-track Approvals Act 2024 (2024 No 56)
In section 4(1), definition of administering agency, paragraph (a), replace “and the Resource Management Act 1991”
with “, the Planning Act 2026, and the Natural Environment Act 2026”
.
In section 4(1), definition of aquaculture decision, replace “clause 20”
with “clause 40”
.
In section 4(1), definition of determination, replace “section 42(4)(a) or (b)”
with “section 42(4)(aa) or (ba)”
.
In section 4(1), definition of reservation, replace “section 42(4)(a) or (b)”
with “section 42(4)(aa) or (ba)”
.
In section 4(1), definition of specified Act, after paragraph (e), insert:
(ea)
the Natural Environment Act 2026:
(eb)
the Planning Act 2026:
In section 4(1), definition of specified Act, repeal paragraph (g).
Replace section 4(2)(a) with:
(a)
the Natural Environment Act 2026 or the Planning Act 2026, if they are defined in either of those Acts:
In section 4(2)(b), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
(a)
replace “section 42(4)(a) (resource consent)”
with “section 42(4)(aa) (natural resource permit)”
; and
(b)
replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 5(1)(g), replace “section 165J, 165M, 165Q, 165ZC, or 165ZDB of the Resource Management Act 1991”
with “clause 9, 12, 16, 29, or 30 of Schedule 4 of the Natural Environment Act 2026”
.
In section 5(1)(l)(ii), replace “section 15B of the Resource Management Act 1991”
with “section 26 of the Natural Environment Act 2026”
.
In section 5(1)(l)(iii), replace “section 15C of the Resource Management Act 1991”
with “section 27 of the Natural Environment Act 2026”
.
In section 5(1)(n), replace “or the Resource Management Act 1991”
with “, the Natural Environment Act 2026, or the Planning Act 2026”
.
In section 13(4)(i), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
(a)
replace “resource consent”
with “planning consent”
; and
(b)
replace “clause 2”
with “clause 5”
.
After section 13(4)(y)(i), insert:
(ia)
an approval described in section 42(4)(aa) (natural resource permit), the information specified in clause 24 of Schedule 5:
Replace section 13(4)(y)(ii) with:
(ii)
an approval described in section 42(4)(b) (change or cancellation of planning consent), the information specified in clause 6 of Schedule 5:
(iia)
an approval described in section 42(4)(ba) (change or cancellation of natural resource permit), the information specified in clause 25 of Schedule 5:
Replace section 13(4)(y)(iii) with:
(iii)
an approval described in section 42(4)(c) (certificate of compliance under the Planning Act 2026), the information specified in clause 7 of Schedule 5:
(iiia)
an approval described in section 42(4)(ca) (certificate of compliance under the Natural Environment Act 2026), the information specified in clause 26 of Schedule 5:
(a)
replace “section 42(4)(a) or (d)”
with “section 42(4)(aa)”
; and
(b)
replace “clause 4A”
with “clause 27”
.
In section 13(6), replace “notice of requirement”
with “proposed designation”
.
In section 17(3)(a)(ii), replace “section 42(4)(a) (resource consent), any existing resource consents”
with “section 42(4)(aa) (natural resource permit), any existing natural resource permits”
.
In section 18(2)(c), after “Resource Management Act 1991”
, insert “, the Natural Environment Act 2026, or the Planning Act 2026”
.
In section 18(2)(j), replace “resource consent, change or cancellation of resource consent condition”
with “planning consent, natural resource permit, change or cancellation of consent or permit condition”
.
In section 21(5)(f), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
In section 21(5)(h), replace “section 42(4)(a) (resource consent), there are 1 or more existing resource consents”
with “section 42(4)(aa) (natural resource permit), there are 1 or more existing natural resource permits”
.
In section 21(7), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
In section 22(2)(a)(i), replace “spatial strategy”
with “regional spatial plan”
.
In section 22(2)(a)(iii), delete “(within the meaning of policy 1 of the National Policy Statement on Urban Development 2020)”
.
In section 22(2)(a)(x), replace “regional planning documents, including spatial strategies”
with “natural environment planning documents, including regional spatial plans”
.
In section 22(7)(b),—
(a)
replace “section 42(4)(a) (resource consent)”
with “section 42(4)(aa) (natural resource permit)”
; and
(b)
replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 23(1)(a),—
(a)
replace “network utility operator”
with “core infrastructure operator”
; and
(b)
replace “requiring authority”
with “designating authority”
.
In section 27(3)(b)(v), replace “section 42(4)(a) (resource consent), there are any existing resource consents”
with “section 42(4)(aa) (natural resource permit), there are any existing natural resource permits”
.
In the cross-heading above section 30, replace “resource consent”
with “natural resource permit”
.
In the heading to section 30, replace “resource consent”
with “natural resource permit”
.
In section 30(1)(a), replace “section 42(4)(a) (resource consent)”
with “section 42(4)(aa) (natural resource permit)”
.
In section 30(1)(b), (3)(a), (4), (5), (6)(a), and (7)(a), replace “resource consent”
with “natural resource permit”
in each place.
In section 30(3)(a), replace “section 124C(1)(c) or 165ZI of the Resource Management Act 1991”
with “section 198(1)(c) or clause 42 of Schedule 4 of the Natural Environment Act 2026”
.
In section 30(3)(b), replace “resource consents”
with “natural resource permits”
.
Replace section 30(4)(b)(i) with:
(i)
lodge an application for a natural resource permit under the Natural Environment Act 2026 that is affected by section 195(a) or clause 41 of Schedule 4 of that Act; or
In section 30(4)(b)(ii), replace “section 42(4)(a) (resource consent)”
with “section 42(4)(aa) (natural resource permit)”
.
In section 31(1), replace “section 42(4)(a) (resource consent)”
with “section 42(4)(aa) (natural resource permit)”
.
In section 40(b), replace “section 42(4)(a) (resource consent)”
with “section 42(4)(aa) (natural resource permit)”
.
In section 42(4)(a) to (d), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In section 42(4)(a) and (b), replace “resource consent”
with “planning consent”
.
After section 42(4)(a), insert:
(aa)
a natural resource permit that would otherwise be applied for under the Natural Environment Act 2026 (but see subsection (5A)):
After section 42(4)(b), insert:
(ba)
a change or cancellation of a natural resource permit condition that would otherwise be applied for under the Natural Environment Act 2026 (but see subsection (6)):
After section 42(4)(c), insert:
(ca)
a certificate of compliance that would otherwise be applied for under the Natural Environment Act 2026 (but see subsections (7) and (7B)):
In section 42(4)(d), replace “notice of requirement”
with “proposed designation”
.
Replace section 42(5) with:
(5)
A substantive application that seeks an approval described in subsection (4)(a) may seek that approval for an activity that is a prohibited activity under the Planning Act 2026.
After section 42(5), insert:
(5A)
A substantive application that seeks an approval described in subsection (4)(aa)—
(a)
may seek that approval for an activity that is a prohibited activity under the Natural Environment Act 2026:
(b)
must, if section 30(6) applies, be lodged within the time frame specified in that section.
In section 42(6), after “subsection (4)(b)”
, insert “or (ba)”
.
In section 42(6)(a), replace “subsection (4)(a) or (d)”
with “subsection (4)(a), (aa), or (d)”
.
In section 42(7), after “subsection (4)(c)”
, insert “or (ca)”
.
In section 42(7), replace “subsection (4)(a) or (d)”
with “subsection (4)(a), (aa), or (d)”
.
Replace section 42(7A) with:
(7A)
A substantive application that, under subsection (7), seeks an approval described in subsection (4)(c) may only seek an approval of that kind in relation to an activity that would not require a planning consent under the Planning Act 2026.
(7B)
A substantive application that, under subsection (7), seeks an approval described in subsection (4)(ca) may only seek an approval of that kind in relation to an activity that would not require a natural resource permit under the Natural Environment Act 2026.
In section 42(9)(a), replace “subsection (4)(a) or (d)”
with “subsection (4)(a), (aa), or (d)”
.
Replace section 43(3)(a) to (c) with:
(a)
for an approval described in section 42(4)(a) (planning consent), clauses 8 to 10 of Schedule 5:
(aa)
for an approval described in section 42(4)(aa) (natural resource permit), clauses 28 to 31 of Schedule 5:
(b)
for an approval described in section 42(4)(b) (change or cancellation of planning consent condition), clause 11 of Schedule 5:
(ba)
for an approval described in section 42(4)(ba) (change or cancellation of natural resource permit condition), clause 32 of Schedule 5:
(c)
for an approval described in section 42(4)(c) (certificate of compliance under the Planning Act 2026), clause 12 of Schedule 5:
(ca)
for an approval described in section 42(4)(ca) (certificate of compliance under the Natural Environment Act 2026), clause 33 of Schedule 5:
In section 43(3)(d), replace “clauses 9 and 12”
with “clause 13”
.
In section 46(1), replace “and relevant consent authorities”
with “, relevant consent authorities, and relevant permit authorities”
.
In the heading to section 47, replace “resource consents”
with “natural resource permits”
.
In section 47(1), replace “relevant consent authorities”
with “relevant permit authorities”
.
In section 47(1)(b), replace “section 42(4)(a) (resource consent), whether there are any existing resource consents”
with “section 42(4)(aa) (natural resource permits), whether there are any existing natural resource permits”
.
In the heading to section 47A, replace “resource consents”
with “natural resource permits”
.
In section 47A(2)(a) and (3)(b), replace “consent authority”
with “permit authority”
.
In the heading above section 47A(4), replace “resource consents”
with “natural resource permits”
.
In section 47A(4) and (5), replace “resource consents”
with “natural resource permits”
.
In section 47B(1)(b), replace “resource consents”
with “natural resource permits”
.
In section 48(1)(a), replace “section 42(4)(a) or (b) (resource consent or change or cancellation of resource consent condition)”
with “section 42(4)(aa) or (ba) (natural resource permit or change or cancellation of natural resource permit condition)”
.
In section 48(1)(b), replace “section 42(4)(a)”
with “section 42(4)(aa)”
.
In section 48(1)(b)(i), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 48(1)(c), replace “section 42(4)(b)”
with “section 42(4)(ba)”
.
In section 48(2), replace “clauses 14 to 16”
with “clauses 34 to 36”
.
In section 48(4), replace “clause 14”
with “clause 34”
.
(a)
replace “section 42(4)(a) or (d) (resource consent or designation)”
with “section 42(4)(a), (aa), or (d) (planning consent, natural resource permit, or designation)”
; and
(b)
replace “clause 13”
with “clause 2”
.
In section 71(2), replace “clause 15”
with “clause 35”
.
In section 80(2),—
(a)
replace “clause 20”
with “clause 40”
; and
(b)
replace “section 42(4)(a) or (b) (resource consent or change or cancellation of resource consent condition)”
with “section 42(4)(aa) or (ba) (natural resource permit or change or cancellation of natural resource permit condition)”
.
In section 80(3)(a)(i), replace “consent authority”
with “permit authority”
.
Replace section 81(3)(a) to (e) with:
(a)
for an approval described in section 42(4)(a) (planning consent), clauses 14 and 15 of Schedule 5:
(aa)
for an approval described in section 42(4)(aa) (natural resource permits), clauses 37 to 42 of Schedule 5:
(ab)
for an approval described in section 42(4)(b) (change or cancellation of planning consent condition), clause 16 of Schedule 5:
(b)
for an approval described in section 42(4)(ba) (change or cancellation of natural resource permit condition), in relation to a condition of a coastal permit specified under section 186H(3) of the Fisheries Act 1996, clauses 40 to 42 of Schedule 5:
(c)
for any other approval described in section 42(4)(ba) (change or cancellation of natural resource permit condition), clause 43 of Schedule 5:
(d)
for an approval described in section 42(4)(c) (certificate of compliance under the Planning Act 2026), clause 19 of Schedule 5:
(da)
for an approval described in section 42(4)(ca) (certificate of compliance under the Natural Environment Act 2026), clause 44 of Schedule 5:
(e)
for an approval described in section 42(4)(d) (designation), clauses 17 and 18 of Schedule 5:
Replace section 85(1)(c) and (d) with:
(c)
in the case of an approval described in section 42(4)(b) (change or cancellation of planning consent condition), the approval must be declined under clause 16 of Schedule 5:
(ca)
in the case of an approval described in section 42(4)(ba) (change or cancellation of natural resource permit condition), the approval must be declined under clause 43 of Schedule 5:
(d)
in the case of an approval described in section 42(4)(c) (certificate of compliance under the Planning Act 2026), the approval must be declined under clause 19 of Schedule 5:
(da)
in the case of an approval described in section 42(4)(ca) (certificate of compliance under the Natural Environment Act 2026), the approval must be declined under clause 44 of Schedule 5:
In section 85(2),—
(a)
replace “section 42(4)(a) (resource consent)”
with “section 42(4)(aa) (natural resource permit)”
; and
(b)
replace “clause 17(5)”
with “clause 37(5)”
.
Replace section 87(2)(b) with:
(b)
for an approval described in—
(i)
section 42(4)(a), (aa), or (d) (planning consent, natural resource permit, or designation), may specify a date on which the approval lapses in accordance with clause 3 of Schedule 5:
(ii)
section 42(4)(aa) or (ba) (natural resource permit or change or cancellation of natural resource permit condition), must comply with clause 42 of Schedule 5, if applicable:
(iii)
section 42(4)(c) (certificate of compliance under the Planning Act 2026), must comply with clause 20 of Schedule 5:
(iv)
section 42(4)(ca) (certificate of compliance under the Natural Environment Act 2026), must comply with clause 45 of Schedule 5:
In section 89(2), replace “requirement for a designation”
with “proposed designation”
.
In section 89(2)(a), replace “district plan and any proposed district plan under clause 30”
with “land use plan and any proposed land use plan under clause 22”
.
Replace section 95(1)(b) with:
(b)
for an approval under a specified Act or an exploration permit or existing privilege referred to in section 42(11), is lodged more than 3 months before the existing approval is due to expire.
Replace section 95(4)(b) with:
(b)
a right under section 191 of the Planning Act 2026 to continue operating under a planning consent:
(ba)
a right to continue operating under a natural resource permit under—
(i)
section 195(a) of the Natural Environment Act 2026, which applies section 191(3) of the Planning Act 2026; or
(ii)
clause 41(2)(c) of Schedule 4 of the Natural Environment Act 2026:
Replace section 96(2)(a) with:
(a)
for an approval described in section 42(4)(a), (b), (c), or (d) (planning consent, change or cancellation of planning consent condition, certificate of compliance, or designation), clauses 4 and 23 of Schedule 5:
(aa)
for an approval described in section 42(4)(aa), (ba), or (ca) (natural resource permit, change or cancellation of natural resource permit condition, or certificate of compliance), clauses 4 and 46 to 49 of Schedule 5:
In section 97(2)(a),—
(a)
replace “section 42(4)(a) or (b)”
with “section 42(4)(aa) or (ba)”
; and
(b)
replace “clauses 22 and 35”
with “clauses 42 and 48”
.
In section 97(2)(b), replace “clause 30”
with “clause 22”
.
In section 100(4)(c), replace “section 42(4)(a) or (b)”
with “section 42(4)(aa) or (ba)”
.
In section 103, replace the definition of administering agency with:
administering agency has the meaning given in section 4(1), and also includes, in relation to their functions, duties, and powers under this Act,—
(a)
the chief executives of the departments that, with the authority of the Prime Minister, are responsible for administering—
(i)
the Natural Environment Act 2026; and
(ii)
the Planning Act 2026; and
(b)
the Ministry for Culture and Heritage; and
(c)
the Ministry for Primary Industries; and
(d)
the Office of Treaty Settlements and Takutai Moana—Te Tari Whakatau; and
(e)
the Ministry of Māori Development—Te Puni Kōkiri
In Schedule 3, clause 5(1)(a), replace “resource consent applications or notice of requirement”
with “resource consent, planning consent, or natural resource permit applications or proposed designations”
.
In Schedule 3, clause 5(1)(a), after “Resource Management Act 1991”
, insert “, the Natural Environment Act 2026, or the Planning Act 2026”
.
In Schedule 3, replace clause 11 with:
11 Protection of sensitive information
(1)
When a panel is assessing a proposed approval under the Planning Act 2026, section 339 of that Act applies with any necessary modifications, as if the panel were a relevant authority.
(2)
When a panel is assessing a proposed approval under the Natural Environment Act 2026, section 341 of that Act applies with any necessary modifications, as if the panel were a relevant authority.
Replace Schedule 5 with:
Schedule 5 Approvals relating to Natural Environment Act 2026 and Planning Act 2026
s 115
Part 1 Provisions applying to all approvals
1 Interpretation
In this schedule,—
application for the change or cancellation of a condition means an application for an approval described in section 42(4)(b) or (ba)
certificate of compliance means an approval of the kind described in section 42(4)(c) or (ca)
coastal permit has the meaning given in section 133(a) of the Natural Environment Act 2026
designation means a designation for which an application is lodged under section 42(4)(d)
natural resource permit application or permit application means an application for an approval described in section 42(4)(aa)
planning consent application or consent application means an application for an approval described in section 42(4)(a)
proposed designation means an application for an approval described in section 42(4)(d).
2 Persons to be invited to provide written comments
For the purposes of section 53(2)(m)(i), the persons or groups are—
(a)
the Director-General of Conservation:
(b)
iwi authorities and groups that represent hapū that are parties to relevant joint management agreements.
3 Content of decision document for planning consent, natural resource permit, or designation
(1)
A decision document for a planning consent, natural resource permit, or designation may specify the date on which the approval lapses unless it is given effect to by the specified date.
(2)
A date specified under subclause (1) must be no less than 2 years after the approval commences.
(3)
If no date is specified under subclause (1), the approval lapses 2 years after it commences.
4 Status of planning consents, natural resource permits, or certificates of compliance granted, or designations confirmed or modified, under this Act and role of local authority
(1)
This clause applies to the following:
(a)
a planning consent that is granted under this Act:
(b)
a planning consent for which a condition of the consent is changed or cancelled under this Act:
(c)
a natural resource permit that is granted under this Act:
(d)
a natural resource permit for which a condition of the permit is changed or cancelled under this Act:
(e)
a certificate of compliance that is granted under this Act:
(f)
a designation that is confirmed or modified and included in a land use plan.
(2)
The local authority that, but for this Act, would have had responsibility—
(a)
for granting a planning consent or certificate of compliance under the Planning Act 2026 has all the functions, powers, and duties in relation to a planning consent or certificate of compliance granted under this Act, or a planning consent with a condition changed or cancelled under this Act, as if it had granted the planning consent or certificate of compliance itself; and
(b)
for granting a natural resource permit or certificate of compliance under the Natural Environment Act 2026 has all the functions, powers, and duties in relation to a natural resource permit or certificate of compliance granted under this Act, or a natural resource permit with a condition changed or cancelled under this Act, as if it had granted the natural resource permit or certificate of compliance itself; and
(c)
for recommending, under the Planning Act 2026, that a designation be confirmed or modified, has all the functions, powers, and duties in relation to the designation as if it had dealt with the matter itself.
(3)
Unless otherwise specified in this Act,—
(a)
a planning consent or certificate of compliance granted, or a designation confirmed or modified and included in a land use plan, or a planning consent with a condition changed or cancelled, under this Act has full force and effect for its duration, and according to its terms and conditions, as if it were granted under the Planning Act 2026; and
(b)
a natural resource permit or certificate of compliance granted, or a natural resource permit with a condition changed or cancelled, under this Act has full force and effect for its duration, and according to its terms and conditions, as if it were granted under the Natural Environment Act 2026; and
(c)
any provision of an enactment that refers to a planning consent or certificate of compliance granted, or a designation confirmed or modified and included in a land use plan, under the Planning Act 2026 (including any such provision in that Act) must be read, with any necessary modifications, as including a planning consent or certificate of compliance granted, or a designation confirmed and included in a land use plan, or a planning consent with a condition changed or cancelled, under this Act; and
(d)
any provision of an enactment that refers to a natural resource permit or certificate of compliance granted under the Natural Environment Act 2026 (including any such provision in that Act) must be read, with any necessary modifications, as including a natural resource permit or certificate of compliance granted, or a natural resource permit with a condition changed or cancelled, under this Act.
(4)
Despite subclause (3)(b), section 188 of the Natural Environment Act 2026 does not apply in respect of the commencement of coastal permits for aquaculture activities granted under this Act.
(5)
To avoid doubt, the functions, powers, and duties referred to in subclause (2) include—
(a)
determining any application to extend the period during which a consent may not lapse under section 194(2) or clause 51 of Schedule 5 of the Planning Act 2026; and
(b)
determining any application to extend the period during which a natural resource permit may not lapse under section 195 of the Natural Environment Act 2026, which applies section 194 of the Planning Act 2026; and
(c)
determining any application for a change or cancellation of a condition of a planning consent under section 197 of the Planning Act 2026; and
(d)
determining any application for a change or cancellation of a condition of a natural resource permit under section 199 of the Natural Environment Act 2026.
Part 2 Provisions relating to Planning Act 2026 approvals
Information required in referral application
5 Information about planning consent or proposed designation required in referral application
The information required to be provided under section 13(4)(y)(i) is an assessment of the project against—
(a)
any relevant national policy direction under the Planning Act 2026; and
(b)
any relevant national standards under the Planning Act 2026.
6 Information about change or cancellation of condition required in referral application
The information to be provided under section 13(4)(y)(ii) is information about whether the change or cancellation of the condition is material to the implementation or delivery of the project.
7 Information about certificate of compliance required in referral application
The information required to be provided under section 13(4)(y)(iii) is information that shows the activity that the certificate of compliance is intended to cover can be done lawfully in the particular location without a planning consent.
Application requirements, etc, for substantive application
8 Information required in planning consent application
(1)
For the purposes of section 43(3)(a), a planning consent application must include the following information:
(a)
a description of the proposed activity; and
(b)
a description and map of the site at which the activity is to occur, including whether the site is within or adjacent to—
(i)
a statutory area (as defined in the relevant Treaty settlement Act); or
(ii)
ngā rohe moana o ngā hapū o Ngāti Porou; or
(iii)
a protected customary rights area under the Marine and Coastal Area (Takutai Moana) Act 2011; and
(c)
confirmation that the planning consent application complies with section 46(2)(a), (b), and (d); and
(d)
the full name and address of—
(i)
each owner of the site and of land adjacent to the site; and
(ii)
each occupier of the site and of land adjacent to the site whom the applicant is able to identify after reasonable inquiry; and
(e)
a description of any other activities that are part of the proposal to which the planning consent application relates; and
(f)
a description of any other planning consents, natural resource permits, proposed designations, or alterations to designations required for the project to which the planning consent application relates; and
(g)
an assessment of the activity against the goals in section 13 of the Planning Act 2026, to the extent relevant having regard to section 14 of that Act; and
(h)
an assessment of the activity against any relevant provisions in any of the documents listed in subclause (2); and
(i)
information about any Treaty settlements that apply in the area covered by the consent application, including—
(i)
identification of the relevant provisions in those Treaty settlements; and
(ii)
a summary of any redress provided by those settlements that affects natural and physical resources relevant to the project or project area; and
(j)
a list of any relevant customary marine title groups, protected customary rights groups, ngā hapū o Ngāti Porou (where an application is within, adjacent to, or directly affecting ngā rohe moana o ngā hapū o Ngāti Porou), or applicants under the Marine and Coastal Area (Takutai Moana) Act 2011; and
(k)
any conditions that the applicant proposes for the planning consent.
(2)
The documents referred to in subclause (1)(h) are the following:
(a)
a national instrument made under the Planning Act 2026:
(b)
regulations made under the Planning Act 2026:
(c)
a land use plan or proposed land use plan:
(d)
a planning document recognised by a relevant iwi authority and lodged with a local authority.
(3)
An assessment under subclause (1)(h) must include an assessment of the activity against—
(a)
any relevant directions, directives, objectives, policies, or rules in a document listed in subclause (2); and
(b)
any requirement, condition, or permission in any rules in any of those documents; and
(c)
any other requirements in any of those documents.
(4)
A planning consent application must include an assessment of the activity’s effects on the built environment that includes the information required by, and covers the matters specified in, clause 9.
(5)
A planning consent application must also include the following information:
(a)
if a permitted activity is part of the proposal to which the planning consent application relates, a description that demonstrates that the activity complies with the requirements, conditions, and permissions for the permitted activity; and
(b)
if the activity is to occur in an area that is 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 or the environmental covenant prepared by ngā hapū o Ngāti Porou under section 19 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, an assessment of the activity against any resource management matters set out in that document; and
(c)
if the activity is to occur in an area that is a taiāpure-local fishery, a mātaitai reserve, or an area that is subject to bylaws made under Part 9 of the Fisheries Act 1996, an assessment of the effects of the activity on the use or management of the area.
(6)
If the applicant is not able to supply the name and address of the owner and each occupier of the site and of land adjacent to the site because the land is Māori land in multiple ownership, the applicant must include a statement to that effect.
(7)
If the substantive application is to be lodged by more than 1 authorised person, the references to the applicant in subclauses (1)(d) and (k) and (6) must be read as references to the authorised person who is to be identified in the application as the proposed holder of the planning consent.
9 Information required to assess effects
(1)
The assessment of an activity’s effects on the built environment under clause 8(4) must include the following information:
(a)
an assessment of the actual or potential effects on the built environment:
(b)
if the activity includes the use of hazardous installations, an assessment of any risks to the built environment that are likely to arise from such use:
(c)
a description of how any adverse effects on the built environment will be—
(i)
avoided, remedied, or mitigated, where practicable; or
(ii)
offset or compensated for, where appropriate:
(d)
identification of persons who may be affected by the activity and any response to the views of any persons consulted, including the views of iwi, hapū, or Treaty settlement entities that have been notified in relation to the proposal:
(e)
if iwi or hapū elect not to respond when consulted on the proposal, any reasons that they have specified for that decision:
(f)
if the scale and significance of the activity’s effects are such that monitoring is required, a description of how the effects will be monitored and by whom, if the activity is approved:
(g)
an assessment of any effects of the activity on the exercise of a protected customary right.
(2)
A consent application need not include any additional information specified in a relevant national rule or land use plan that would be required in an assessment of effects under clause 6 of Schedule 6 of the Planning Act 2026.
10 Information required in application for subdivision
In addition to the information required under clause 8, a planning consent application for a subdivision must include information that adequately defines the following:
(a)
the position of all new boundaries; and
(b)
the areas of all new allotments, unless the subdivision involves a cross lease, company lease, or unit plan; and
(c)
the locations and areas of new reserves to be created, including any esplanade reserves and esplanade strips; and
(d)
the locations and areas of existing esplanade reserves, esplanade strips, and access strips; and
(e)
the locations and areas of any part of the bed of a river or lake to be vested in a territorial authority under clause 20 of Schedule 7 of the Planning Act 2026; and
(f)
the locations and areas of any land within the coastal marine area that are to become part of the common marine and coastal area under clause 20 of Schedule 7 of the Planning Act 2026; and
(g)
the locations and areas of land to be set aside as new roads.
11 Information required in application for change or cancellation of planning consent condition
For the purposes of section 43(3)(b), an application for the change or cancellation of a planning consent condition must include the same information as required by clauses 8 to 10, and those clauses apply as if references to—
(a)
a planning consent were references to the change or cancellation of a condition; and
(b)
an activity were references to the effects of the change or cancellation of the condition.
12 Information required in application for certificate of compliance under Planning Act 2026
(1)
For the purposes of section 43(3)(c), an application for a certificate of compliance must include the following information:
(a)
a description of the proposed activity; and
(b)
confirmation that the application for the certificate of compliance complies with section 46(2)(a), (b), and (d); and
(c)
a description of any other planning consents, natural resource permits, proposed designations, or alterations to designations required for the project to which the application for the certificate of compliance relates; and
(d)
an explanation of how the activity meets the relevant provisions of the land use plan and any relevant national standard.
(2)
If the activity is to occur in an area that is 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 or the environmental covenant prepared by ngā hapū o Ngāti Porou under section 19 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, the application must include an assessment of the activity against any resource management matters set out in that document.
13 Information required in proposed designation
(1)
For the purposes of section 43(3)(d), a proposed designation must include the following information:
(a)
a description and map of the site to which the proposed designation applies, including whether the site is within or adjacent to a statutory area (as defined in the relevant Treaty settlement Act); and
(b)
information on the effects of the proposed project or work on the built environment, together with a description of how any adverse effects will be mitigated; and
(c)
confirmation that the proposed designation complies with section 46(2)(a), (b), and (d); and
(d)
an assessment of the project or work against—
(i)
the goals in section 13 of the Planning Act 2026, to the extent relevant having regard to section 14 of that Act; and
(ii)
any relevant provisions in any of the documents listed in subclause (2); and
(e)
information about any Treaty settlements that apply in the area to which the substantive application relates, including—
(i)
identification of the relevant provisions in those Treaty settlements; and
(ii)
a summary of any redress provided by those settlements that affects natural and physical resources relevant to the area to which the substantive application relates; and
(f)
the full name and address of—
(i)
each owner of the land to which the proposed designation relates and of the land adjacent to that land; and
(ii)
each occupier of the land to which the proposed designation relates and of land adjacent to that land whom the designating authority is able to identify after reasonable inquiry; and
(g)
an assessment of whether the project or work and the designation sought are reasonably necessary for achieving the objectives of the designating authority; and
(h)
any consideration of alternative sites, routes, or methods of undertaking the project or work; and
(i)
a list of the planning consents and natural resource permits needed for the project or work and whether they have been applied for; and
(j)
a description of any consultation undertaken with parties likely to be affected by the project or work and the designation; and
(k)
any conditions that the designating authority proposes for the designation.
(2)
The documents referred to in subclause (1)(d)(ii) are the following:
(a)
a national policy direction:
(b)
a national standard:
(c)
regulations made under the Planning Act 2026.
(3)
If the applicant is not able to supply the name and address of the owner and each occupier of the site and of land adjacent to the site because the land is Māori land in multiple ownership, the applicant must include a statement to that effect.
(4)
If the substantive application is to be lodged by more than 1 authorised person, the references to the applicant in subclause (3) must be read as references to the authorised person who is to be identified in the application as the proposed holder of the proposed designation.
Panel decision
14 Criteria and other matters for assessment of planning consent application
(1)
For the purposes of section 81, when considering a planning consent application, including conditions in accordance with clause 15, the panel must take into account, giving the greatest weight to paragraph (a),—
(a)
the purpose of this Act; and
(b)
the provisions of Parts 2 and 4 and Schedules 5 and 7 of the Planning Act 2026 that direct decision-making on an application for a consent; and
(c)
the relevant provisions of any other legislation that directs decision-making under the Planning Act 2026.
(2)
For the purpose of applying any provisions in subclause (1),—
(a)
if the consent application relates to an activity that is the subject of a determination under section 23 of this Act, the panel must treat the effects of the activity on the relevant land and on the rights or interests of Māori as a relevant matter under section 13(1)(i) of the Planning Act 2026; and
(b)
to avoid doubt, for the purposes of subclause (1)(b), any joint management agreement that is relevant to the approval is a relevant matter.
(3)
Subclause (4) applies to any provision of the Planning Act 2026 (including, for example, section 39 of the Planning Act 2026) or any other legislation referred to in subclause (1)(c) that would require a decision maker to decline an application for a planning consent.
(4)
For the purposes of subclause (1), the panel must take into account that the provision referred to in subclause (3) would normally require an application to be declined, but must not treat the provision as requiring the panel to decline the application the panel is considering.
(5)
For the purposes of subclause (1), the provisions referred to in that subclause must be read with all necessary modifications, including that a reference to a consent authority must be read as a reference to a panel.
(6)
Section 190 of the Planning Act 2026 applies to a decision of the panel on the consent.
15 Conditions on planning consent
When setting conditions on a consent, the provisions of Part 4 and Schedule 7 of the Planning Act 2026 that are relevant to setting conditions on a planning consent apply to the panel, subject to all necessary modifications, including the following:
(a)
a reference to a consent authority must be read as a reference to a panel; and
(b)
a reference to services or works must be read as a reference to any activities that are the subject of the consent application.
16 Criteria for assessment of application for change or cancellation of condition
For the purposes of section 81, when considering an application for the change or cancellation of a condition,—
(a)
the panel must apply section 197(1) and (2) of the Planning Act 2026 as if,—
(i)
in section 197(2) of the Planning Act 2026, the reference to subparts 1 to 5 of Part 4 of that Act were to the provisions of those subparts that relate to decision-making on a planning consent; and
(ii)
the provisions of subparts 1 to 5 of Part 4 of that Act were read with all necessary modifications, including that a reference to a consent authority must be read as a reference to a panel; and
(b)
the panel must consider any joint management agreement that is relevant to the approval; and
(c)
to avoid doubt, section 197(3) of the Planning Act 2026 does not apply.
17 Criteria and other matters for assessment of proposed designation
(1)
For the purposes of section 81, when considering a proposed designation, including conditions in accordance with clause 18, the panel must, giving the greatest weight to paragraph (a)(i),—
(a)
take into account—
(i)
the purpose of this Act; and
(ii)
the provisions of Schedule 5 of the Planning Act 2026 that direct decision-making on an application for a designation (except clause 15 of Schedule 5 of that Act); and
(iii)
the relevant provisions of any other legislation that directs decision-making under the Planning Act 2026; and
(b)
consider any joint management agreement that is relevant to the approval.
(2)
For the purpose of applying any provisions in subclause (1), if the proposed designation relates to an activity that is the subject of a determination under section 23 of this Act, the panel must treat the effects of the activity on the relevant land and on the rights or interests of Māori as a relevant matter under section 13 of the Planning Act 2026.
(3)
For the purposes of subclause (1), the provisions referred to in that subclause must be read with all necessary modifications, including (where appropriate) that a reference to a consent authority must be read as a reference to a panel.
18 Conditions on designation
When setting conditions on a designation, the provisions of Schedule 5 of the Planning Act 2026 relevant to setting conditions on a designation apply to the panel, subject to all necessary modifications, as if references to a consent authority were references to a panel.
19 Criteria and other matters for assessment of applications for certificate of compliance
(1)
For the purposes of section 81, the panel must grant the certificate of compliance if the activity that the certificate is intended to cover can be done lawfully in the particular location without a planning consent.
(2)
The panel must not grant the certificate of compliance if—
(a)
the application under this Act for the certificate is made after a proposed plan is notified; and
(b)
the activity could not be done lawfully in the particular location without a planning consent under the proposed plan.
(3)
The panel must not grant a certificate of compliance under the Planning Act 2026 if a notice for the activity is in force under section 207(1)(d) of that Act.
20 Content of decision document for certificate of compliance
Section 208(2) of the Planning Act 2026 applies to a certificate of compliance issued under this Act.
Provisions applying to approvals once granted
21 Panel may waive requirement for construction project plan for designation
If a panel grants a designation,—
(a)
it may waive the requirement for a construction project plan as required by Part 5 of Schedule 5 of the Planning Act 2026; but
(b)
if it does not waive the requirement under that Part, the construction project plan must be submitted to the territorial authority in accordance with that Part.
22 Designations to be included in land use plans
(1)
This clause applies after a panel issues a decision document under section 88 confirming or modifying a designation (with or without modification).
(2)
The territorial authority must, without using Schedule 3 of the Planning Act 2026,—
(a)
include the designation in its land use plan and any proposed land use 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 designating authority that has the benefit of the designation.
(3)
The designation commences when it is included in a land use plan.
23 Interim effect of designations
Clause 5 of Schedule 5 of the Planning Act 2026 applies, with the necessary modifications, to an application for an approval described in section 42(4)(d).
Part 3 Provisions relating to Natural Environment Act 2026 approvals
Information required in referral application
24 Information about natural resource permit required in referral application
(1)
The information required to be provided under section 13(4)(y)(ia) is—
(a)
an assessment of the project against—
(i)
any relevant national policy direction under the Natural Environment Act 2026; and
(ii)
any relevant national standards under the Natural Environment Act 2026; and
(b)
in relation to any proposed approval that is a natural resource permit, whether, to the best of the applicant’s knowledge, there are any existing natural resource permits of the kind referred to in section 30(3)(a).
(2)
If the referral application is to be lodged by more than 1 person, the reference to the applicant in subclause (1)(b) must be read as a reference to the person who is to be identified in the application as the proposed holder of the natural resource permit.
25 Information about change or cancellation of condition required in referral application
The information to be provided under section 13(4)(y)(iia) is information about whether the change or cancellation of the condition is material to the implementation or delivery of the project.
26 Information about certificate of compliance required in referral application
The information required to be provided under section 13(4)(y)(iiia) is information that shows the activity that the certificate of compliance is intended to cover can be done lawfully in the particular location without a natural resource permit.
27 Information about standard freshwater fisheries activity
The information required to be provided under section 13(4)(y)(vi) is the following:
(a)
whether an in-stream structure is proposed (including formal notification of any dam or diversion structure) and the extent to which the proposed structure may impede fish passage; and
(b)
whether any fish salvage activities are proposed.
Application requirements, etc, for substantive application
28 Information required in natural resource permit application
(1)
For the purposes of section 43(3)(aa), a natural resource permit application must include the following information:
(a)
a description of the proposed activity; and
(b)
a description and map of the site at which the activity is to occur, including whether the site is within or adjacent to—
(i)
a statutory area (as defined in the relevant Treaty settlement Act); or
(ii)
ngā rohe moana o ngā hapū o Ngāti Porou; or
(iii)
a protected customary rights area under the Marine and Coastal Area (Takutai Moana) Act 2011; and
(c)
confirmation that the natural resource permit application complies with section 46(2)(a), (b), and (d); and
(d)
the full name and address of—
(i)
each owner of the site and of land adjacent to the site; and
(ii)
each occupier of the site and of land adjacent to the site whom the applicant is able to identify after reasonable inquiry; and
(e)
a description of any other activities that are part of the proposal to which the natural resource permit application relates; and
(f)
a description of any other planning consents, natural resource permits, proposed designations, or alterations to designations required for the project to which the natural resource permit application relates; and
(g)
an assessment of the activity against the goals in section 13 of the Natural Environment Act 2026, to the extent relevant having regard to section 14 of that Act; and
(h)
an assessment of the activity against any relevant provisions in any of the documents listed in subclause (2); and
(i)
information about any Treaty settlements that apply in the area covered by the natural resource permit application, including—
(i)
identification of the relevant provisions in those Treaty settlements; and
(ii)
a summary of any redress provided by those settlements that affects natural and physical resources relevant to the project or project area; and
(j)
a list of any relevant customary marine title groups, protected customary rights groups, ngā hapū o Ngāti Porou (where an application is within, adjacent to, or directly affecting ngā rohe moana o ngā hapū o Ngāti Porou), or applicants under the Marine and Coastal Area (Takutai Moana) Act 2011; and
(k)
any conditions that the applicant proposes for the natural resource permit; and
(l)
if a notice under section 30(3)(b) or (5) has been received,—
(i)
a copy of that notice showing that it was received within the time frame specified in section 30(6)(b); and
(ii)
if a notice has been received under section 30(5), any more up-to-date information that the applicant is aware of about the existing natural resource permit referred to in the notice.
(2)
The documents referred to in subclause (1)(h) are the following:
(a)
national instruments made under the Natural Environment Act 2026:
(b)
regulations made under the Natural Environment Act 2026:
(c)
a natural environment plan or proposed natural environment plan:
(d)
a planning document recognised by a relevant iwi authority and lodged with a local authority.
(3)
An assessment under subclause (1)(h) must include an assessment of the activity against—
(a)
any relevant directions, directives, objectives, policies, or rules in a document listed in subclause (2); and
(b)
any requirement, condition, or permission in any rules in any of those documents; and
(c)
any other requirements in any of those documents.
(4)
A natural resource permit application must include an assessment of the activity’s effects that includes the information required by, and covers the matters specified in, clause 30.
(5)
A natural resource permit application must also include the following information:
(a)
if a permitted activity is part of the proposal to which the natural resource permit application relates, a description that demonstrates that the activity complies with the requirements, conditions, and permissions for the permitted activity; and
(b)
if the activity is to occur in an area that is 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 or the environmental covenant prepared by ngā hapū o Ngāti Porou under section 19 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, an assessment of the activity against any resource management matters set out in that document; and
(c)
if the activity is to occur in an area that is a taiāpure-local fishery, a mātaitai reserve, or an area that is subject to bylaws made under Part 9 of the Fisheries Act 1996, an assessment of the effects of the activity on the use or management of the area.
(6)
If the applicant is not able to supply the name and address of the owner and each occupier of the site and of land adjacent to the site because the land is Māori land in multiple ownership, the applicant must include a statement to that effect.
(7)
If the substantive application is to be lodged by more than 1 authorised person, the references to the applicant in subclauses (1)(d), (k), and (l) and (6) must be read as references to the authorised person who is to be identified in the application as the proposed holder of the natural resource permit.
29 Information required in application for reclamation
In addition to the information required by clause 28, a natural resource permit application for a reclamation must include information to show the area to be reclaimed, including the following:
(a)
the location of the area to be reclaimed:
(b)
if practicable, the position of all new boundaries:
(c)
any part of the reclaimed area to be set aside as an esplanade reserve or esplanade strip.
30 Information required to assess effects
(1)
The assessment of an activity’s effects under clause 28(4) must include the following information:
(a)
an assessment of the actual or potential effects on natural resources and people:
(b)
if the activity includes the use of hazardous installations, an assessment of any risks to natural resources and people that are likely to arise from such use:
(c)
if the activity includes the discharge of any contaminant, a description of—
(i)
the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and
(ii)
any possible alternative methods of discharge, including discharge into any other receiving environment:
(d)
a description of how any adverse effects on natural resources and people will be—
(i)
avoided, remedied, or mitigated, where practicable; or
(ii)
offset or compensated for, where appropriate:
(e)
an assessment of whether there is a material risk that the proposal would breach any relevant environmental limits:
(f)
identification of persons who may be affected by the activity and any response to the views of any persons consulted, including the views of iwi or hapū that have been consulted in relation to the proposal:
(g)
if iwi or hapū elect not to respond when consulted on the proposal, any reasons that they have specified for that decision:
(h)
if the scale and significance of the activity’s effects are such that monitoring is required, a description of how the effects will be monitored and by whom, if the activity is approved:
(i)
an assessment of any effects of the activity on the exercise of a protected customary right.
(2)
A natural resource permit application need not include any additional information specified in a relevant national rule or natural environment plan that would be required in an assessment of effects under clause 4 of Schedule 2 of the Natural Environment Act 2026.
31 Information required in application including standard freshwater fisheries activity
For the purposes of section 43(3)(aa), an application for a natural resource permit for a project that includes a standard freshwater fisheries activity must include the following information:
(a)
in relation to the structure and any fish facility,—
(i)
a description of the type of structure or fish facility:
(ii)
the dimensions of the structure or fish facility:
(iii)
the design of the structure or fish facility:
(iv)
the placement of the structure or fish facility:
(v)
the water flows:
(vi)
the operating regime:
(b)
the freshwater species and values present (with particular focus on threatened, data-deficient, and at-risk species as defined in the New Zealand Threat Classification System):
(c)
the water quality and quantity in the surrounding habitat (at the proposed structure location, upstream and downstream):
(d)
how the passage of fish will be provided for or impeded.
32 Information required in application for change or cancellation of natural resource permit condition
For the purposes of section 43(3)(ba), an application for the change or cancellation of a natural resource permit condition must include the same information as required by clauses 28, 30, and 31, and those clauses apply as if references to—
(a)
a natural resource permit were references to the change or cancellation of a condition; and
(b)
an activity were references to the effects of the change or cancellation of the condition.
33 Information required in application for certificate of compliance
(1)
For the purposes of section 43(3)(ca), an application for a certificate of compliance must include the following information:
(a)
a description of the proposed activity; and
(b)
confirmation that the application for the certificate of compliance complies with section 46(2)(a), (b), and (d); and
(c)
a description of any other planning consents, natural resource permits, proposed designations, or alterations to designations required for the project to which the application for the certificate of compliance relates; and
(d)
an explanation of how the activity meets the relevant provisions of the natural environment plan and any relevant national standard.
(2)
If the activity is to occur in an area that is 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 or the environmental covenant prepared by ngā hapū o Ngāti Porou under section 19 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, the application must include an assessment of the activity against any resource management matters set out in that document.
Recommendation by relevant chief executive on aquaculture decision requested under section 48
34 Chief executive may seek information or consult certain persons
(1)
For the purpose of making a recommendation on an aquaculture decision requested under section 48, the relevant chief executive may seek information relevant to the application for the natural resource permit from—
(a)
the applicant:
(b)
any fisher whose interests may be affected:
(c)
persons and organisations that the relevant chief executive considers represent the classes of persons who have customary, commercial, or recreational fishing interests that may be affected by the granting of the coastal permit or change to, or cancellation of, the conditions of the coastal permit.
(2)
Before making a recommendation on an aquaculture decision, the relevant chief executive may consult any of the persons or organisations specified in subclause (1).
(3)
If the relevant chief executive seeks information or consults persons or organisations under this clause,—
(a)
the relevant chief executive must do so at the same time as the panel seeks written comments on the application for the natural resource permit; and
(b)
the persons or organisations must provide the information or submissions to the relevant chief executive within 20 working days after the chief executive’s request.
(4)
The relevant chief executive must provide any information or submissions received under subclause (3)(b) to the EPA no later than 5 working days after the date by which information or submissions must be received under that subclause.
(5)
The EPA must provide the information received under subclause (4) to the panel.
(6)
If the substantive application is lodged by more than 1 authorised person, the reference to the applicant in subclause (1)(a) must be read as a reference to the authorised person who is identified in the application as the proposed holder of the coastal permit.
35 Relevant chief executive to make recommendation to panel on aquaculture decision
(1)
The relevant chief executive must, within 5 working days after receiving from the panel under section 71 draft permit conditions relating to the application for the natural resource permit, provide the EPA with a recommendation on an aquaculture decision consisting of—
(a)
a determination; or
(b)
a reservation; or
(c)
1 or more determinations or reservations, or both, in relation to different parts of the area to which the request relates.
(2)
After having regard to the following, the relevant chief executive must make a recommendation under subclause (3):
(a)
information held by the Ministry that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Fisheries Act 1996; and
(b)
information supplied, or submissions made, to the relevant chief executive under clause 34(3)(b); and
(c)
information that is forwarded by the panel; and
(d)
any other information that the relevant chief executive has requested and obtained.
(3)
In making a recommendation on an aquaculture decision, the relevant chief executive must take into account sections 8 to 10 and 186GB of the Fisheries Act 1996.
(4)
A recommendation on an aquaculture decision must—
(a)
be in writing; and
(b)
define the areas that are subject to the recommendation; and
(c)
provide reasons for the recommendation; and
(d)
include the information described in subclause (2)(a), (b), and (d).
(5)
If the relevant chief executive recommends a determination, the recommended determination may—
(a)
specify any condition of the coastal permit that is material to the recommendation and that relates to the character, intensity, or scale of the aquaculture activities; and
(b)
state that the condition may not be changed or cancelled until the relevant chief executive makes a further aquaculture decision in relation to the area affected by the change or cancellation under the Fisheries Act 1996.
(6)
If the relevant chief executive recommends a reservation, the recommended reservation must also include—
(a)
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, specifying any stocks subject to the quota management system and any other stock not subject to the quota management system; and
(c)
any other matters required to be included by regulations made under the Fisheries Act 1996, as if the recommended reservation were an aquaculture decision made under that Act.
(7)
The EPA must provide the recommendation on the aquaculture decision to the panel.
36 Order in which recommendation requests to panel on aquaculture decisions to be processed
(1)
The relevant chief executive must make recommendations on aquaculture decisions in the same order in which the requests for the decisions are received.
(2)
For the purposes of subclause (1), the order in which recommendations must be made in relation to requests received on the same day is determined by the time when the requests are received.
(3)
If 2 or more requests for recommendations are received at the same time, the relevant chief executive must make recommendations in the order specified by the EPA.
(4)
The relevant chief executive must give higher priority to processing a request made by a panel under section 48 than a request made as a consequence of coastal permits granted under the Natural Environment Act 2026.
Panel decision
37 Criteria and other matters for assessment of natural resource permit application
(1)
For the purposes of section 81, when considering a natural resource permit application, including conditions in accordance with clauses 38 and 39, the panel must take into account, giving the greatest weight to paragraph (a),—
(a)
the purpose of this Act; and
(b)
the provisions of Parts 2 and 4 of the Natural Environment Act 2026 that direct decision-making on an application for a natural resource permit; and
(c)
the relevant provisions of any other legislation that directs decision-making under the Natural Environment Act 2026.
(2)
For the purpose of applying any provisions in subclause (1),—
(a)
if the natural resource application relates to an activity that is the subject of a determination under section 23 of this Act, the panel must treat the effects of the activity on the relevant land and on the rights or interests of Māori as a relevant matter under section 13(1)(g) of the Natural Environment Act 2026; and
(b)
to avoid doubt, for the purposes of subclause (1)(b), any joint management agreement that is relevant to the approval is a relevant matter.
(3)
Subclause (4) applies to any provision of the Natural Environment Act 2026 or any other legislation referred to in subclause (1)(c) that would require a decision maker to decline an application for a natural resource permit.
(4)
For the purposes of subclause (1), the panel must take into account that the provision referred to in subclause (3) would normally require an application to be declined, but must not treat the provision as requiring the panel to decline the application the panel is considering.
(5)
In the case of an application for a coastal permit for aquaculture activities, if the panel makes a reservation under clause 40 in relation to customary, recreational, or commercial fishing in relation to stocks or species not subject to the quota management system, the panel must not grant the coastal permit in respect of the areas covered by the reservation.
(6)
For the purposes of subclause (1), the provisions referred to in that subclause must be read with all necessary modifications, including that a reference to a permit authority must be read as a reference to a panel.
(7)
Sections 190 to 194 of the Natural Environment Act 2026 apply to a decision of the panel on the natural resource permit.
38 Conditions on natural resource permit
When setting conditions on a natural resource permit, the provisions of Part 4 and Schedule 5 of the Natural Environment Act 2026 that are relevant to setting conditions on a natural resource permit apply to the panel, subject to all necessary modifications, including the following:
(a)
a reference to a permit authority must be read as a reference to a panel; and
(b)
a reference to services or works must be read as a reference to any activities that are the subject of the natural resource permit application.
39 Conditions on natural resource permit may deal with standard freshwater fisheries activity
(1)
A panel may set conditions on a natural resource permit in respect of a standard freshwater fisheries activity for which approval, dispensation, or authorisation is required, or for which a requirement may be imposed, under the following provisions:
(a)
regulation 42 of the Freshwater Fisheries Regulations 1983 (culvert or ford):
(b)
regulation 43 of the Freshwater Fisheries Regulations 1983 (dam or diversion structure):
(c)
regulation 65(2) of the Freshwater Fisheries Regulations 1983 (noxious fish):
(d)
section 26ZM(2)(a) or (3)(b) of the Conservation Act 1987 (transfer or release of live aquatic life).
(2)
If the panel sets conditions under subclause (1), they must be the conditions the panel considers necessary to manage the effects of the activity on freshwater fish species, taking into account—
(a)
best practice standards; and
(b)
the New Zealand Fish Passage Guidelines.
(3)
The provisions referred to in subclause (1)(a) to (d) do not apply to the holder of a natural resource permit issued under this Act who complies with the relevant conditions imposed under this clause.
Guidance note
The New Zealand Fish Passage Guidelines are available at https://niwa.co.nz/freshwater/new-zealand-fish-passage-guidelines
40 Panel to make aquaculture decision
(1)
For the purposes of section 80, an aquaculture decision may consist of—
(a)
a determination; or
(b)
a reservation; or
(c)
1 or more determinations or reservations, or both, in relation to different parts of the area to which the request relates.
(2)
The panel must have regard to the information described in clause 35(2).
(3)
In making an aquaculture decision, the panel must—
(a)
take into account, giving the greatest weight to subparagraph (i),—
(i)
the purpose of this Act; and
(ii)
sections 8 to 10 and 186GB of the Fisheries Act 1996; and
(b)
have regard to the recommendation of the relevant chief executive made under clause 35.
(4)
An aquaculture decision may differ from the recommendation made by the relevant chief executive.
(5)
If the panel makes a determination, the determination may—
(a)
specify any condition of the coastal permit that is material to the decision and that relates to the character, intensity, or scale of the aquaculture activities; and
(b)
state that the condition may not be changed or cancelled until the relevant chief executive makes a further aquaculture decision under the Fisheries Act 1996 in relation to the area affected by the change or cancellation.
(6)
If the panel makes a reservation, the reservation must also include—
(a)
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, specifying any stocks subject to the quota management system and any other stock not subject to the quota management system; and
(c)
any other matters required to be included by regulations made under the Fisheries Act 1996, as if the reservation were an aquaculture decision made under that Act.
(7)
An aquaculture decision must—
(a)
be in writing; and
(b)
define the areas that are subject to the decision; and
(c)
provide reasons for the decision.
41 Conditions to be included in coastal permit relating to reservation
If the panel makes a reservation under section 80 in relation to commercial fishing in relation to stocks or species subject to the quota management system, the panel must include permit conditions on the coastal permit noting the areas affected by the reservation.
42 Content of decision document for coastal permit
(1)
If the panel makes a determination under section 80, the panel must note any conditions on the coastal permit that may not be changed or cancelled until a further aquaculture decision is made under the Fisheries Act 1996.
(2)
If the panel makes a reservation in relation to commercial fishing of stocks or species subject to the quota management system, the panel must notify the applicant that the permit will not commence in the area affected by the reservation unless—
(a)
an aquaculture agreement is registered in accordance with section 186ZH of the Fisheries Act 1996; or
(b)
a compensation declaration is registered under section 186ZHA of the Fisheries Act 1996.
(3)
If the substantive application was lodged by more than 1 authorised person, the reference to the applicant in subclause (2) must be read as a reference to the authorised person who was identified in the application as the proposed holder of the coastal permit.
43 Criteria for assessment of application for change or cancellation of condition
For the purposes of section 81, when considering an application for the change or cancellation of a condition,—
(a)
the panel must apply section 199(1) to (3) of the Natural Environment Act 2026 as if,—
(i)
in section 199(3) of the Natural Environment Act 2026, the reference to subparts 1 to 5 of Part 4 of that Act were to the provisions of those subparts that relate to decision-making on a natural resource permit; and
(ii)
the provisions of subparts 1 to 5 of Part 4 of that Act were read with all necessary modifications, including that a reference to a permit authority must be read as a reference to a panel; and
(b)
the panel must consider any joint management agreement that is relevant to the approval; and
(c)
to avoid doubt, section 199(6) of the Natural Environment Act 2026 does not apply.
44 Criteria and other matters for assessment of applications for certificate of compliance
(1)
For the purposes of section 81, the panel must grant the certificate of compliance if the activity that the certificate is intended to cover can be done lawfully in the particular location without a natural resource permit.
(2)
The panel must not grant the certificate of compliance if—
(a)
the application under this Act for the certificate is made after a proposed plan is notified; and
(b)
the activity could not be done lawfully in the particular location without a natural resource permit under the proposed plan.
(3)
The panel must not grant a certificate of compliance under the Natural Environment Act 2026 if a notice for the activity is in force under section 213(1)(d) of that Act.
45 Content of decision document for certificate of compliance
Section 214 of the Natural Environment Act 2026 applies to a certificate of compliance issued under this Act.
Provisions applying to approvals once granted
46 Application of subpart 4 of Part 9A of Fisheries Act 1996
(1)
Subpart 4 of Part 9A of the Fisheries Act 1996 applies, subject to the modifications in this clause, in respect of—
(a)
a coastal permit issued under this Act; and
(b)
a reservation made by the panel under this Act, as if it were a reservation made by the chief executive under the Fisheries Act 1996.
(2)
Section 186ZD of the Fisheries Act 1996 must be read as if it included the following definition:
panel means a panel as defined in section 4 of the Fast-track Approvals Act 2024
(3)
Section 186ZN of the Fisheries Act 1996 must be read as if subsection (3) were replaced with:
(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 made by a panel under the Fast-track Approvals Act 2024.
47 Aquaculture decision by panel to be treated as determination for purposes of Fisheries Act 1996
A determination under clause 40(5)(b) must be treated as a determination under section 186H(3)(b) of the Fisheries Act 1996.
48 Notification of aquaculture agreement or compensation declaration
(1)
If clause 42(2) applies and the relevant permit authority has been notified by the relevant chief executive that an aquaculture agreement or a compensation declaration has been registered for those stocks under section 186ZH or 186ZHA of the Fisheries Act 1996 (as the case may require), the permit authority must—
(a)
amend the permit so that it no longer shows the areas affected by the reservation:
(b)
provide the applicant with a copy of the amended permit:
(c)
notify the applicant that the permit (as amended) commences in respect of the area previously shown as subject to the reservation on the date of notification under this paragraph.
(2)
If the substantive application was lodged by more than 1 authorised person, the references to the applicant in subclause (1) must be read as references to the authorised person who was identified in the application as the proposed holder of the coastal permit.
49 Natural Environment Act 2026 modified in respect of conditions made under clause 40(5)(b)
In sections 140(2), 188(2), 199(4), and 200(4) of the Natural Environment Act 2026, the reference to a condition that has been specified under section 186H(1A) or 186H(3) of the Fisheries Act 1996 must be read as a condition imposed under section 81 in accordance with clause 40(5)(b) of this schedule in relation to a coastal permit for aquaculture activities granted under this Act.
In Schedule 6, clause 31(1)(a)(i), replace “resource consent”
with “planning consent, natural resource permit,”
.
In Schedule 8, clause 2(2), replace “section 42(4)(a) or (d)”
with “section 42(4)(a), (aa), or (d)”
.
In Schedule 10, in the heading to clause 3, replace “section 42(4)(a)”
with “section 42(4)(aa)”
.
In Schedule 10, clause 3(1), replace “section 42(4)(a)”
with “section 42(4)(aa)”
.
In Schedule 10, clause 3(2), replace “environmental effects under the Resource Management Act 1991”
with “effects under the Natural Environment Act 2026”
.
In Schedule 11, clause 3(d)(v), replace “resource consents”
with “planning consents, natural resource permits,”
.
In Schedule 12, clause 3(1), replace “section 168A(3)(b) or 171(1)(b) of the Resource Management Act 1991”
with “clause 26(4)(b) of Schedule 5 of the Planning Act 2026”
.
Fencing Act 1978 (1978 No 50)
Replace section 3(1)(e) with:
(e)
land that is an esplanade reserve or an esplanade strip within the meaning of the Natural Environment Act 2026 or the Planning Act 2026.
Fiordland (Te Moana o Atawhenua) Marine Management Act 2005 (2005 No 36)
In section 4(1), repeal the definition of Southland Regional Coastal Plan.
In section 4(2), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
Repeal section 11.
In Schedule 3, replace clause 1(3)(a) with:
(a)
any natural resource permit under the Natural Environment Act 2026; and
In Schedule 3, clause 4, replace “consent requirements in the Southland Regional Coastal Plan”
with “permit requirements under the Natural Environment Act 2026”
.
Repeal Schedule 12.
In Schedule 13, repeal “Resource Management Act 1991”
.
Fisheries Act 1996 (1996 No 88)
In section 2(1), replace the definition of aquaculture activities with:
aquaculture activity has the meaning given in section 3 of the Natural Environment Act 2026
In section 2(1), definition of coastal permit, replace “section 2(1) of the Resource Management Act 1991”
with “section 133(a) of the Natural Environment Act 2026”
.
In section 2(1), repeal the definition of regional plan.
In the heading to section 6, replace “Resource Management Act 1991”
with “Natural Environment Act 2026 and Planning Act 2026”
.
In section 6(1), replace “regional plan”
with “regional spatial plan, natural environment plan, land use plan,”
.
After section 6(1)(b), insert:
(c)
rules that control fishing in the coastal marine area defined in section 3 of the Natural Environment Act 2026 or section 3 of the Planning Act 2026.
In section 6(2)(a), replace “section 30(1)(d) of the Resource Management Act 1991”
with “section 229 of the Natural Environment Act 2026”
.
In section 6(3), definition of occupy, replace “section 2(1) of the Resource Management Act 1991”
with “section 3 of the Natural Environment Act 2026”
.
In section 186C, definition of application for a coastal permit,—
(a)
paragraph (a), replace “section 88 of the Resource Management Act 1991”
with “section 136 of the Natural Environment Act 2026”
; and
(b)
paragraph (b)(i), replace “section 127”
with “section 199”
; and
(c)
paragraph (b)(ii), replace “section 128”
with “section 200”
.
In section 186C, definition of coastal permit, replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 186C, definition of regional council, replace “consent authority under the Resource Management Act 1991”
with “permit authority under the Natural Environment Act 2026”
.
In section 186D(1), replace “section 107F of the Resource Management Act 1991”
with “section 140 of the Natural Environment Act 2026”
.
In section 186E(1), replace “a regional council under section 114 of the Resource Management Act 1991”
with “section 181 of the Natural Environment Act 2026”
.
In section 186F(3), replace “under section 114(5) of the Resource Management Act 1991”
with “section 181(3) of the Natural Environment Act 2026”
.
In section 186GA(a)(ii) and (b), after “Resource Management Act 1991”
, insert “or the Natural Environment Act 2026”
.
In section 186GA(d), replace “section 114(6) of the Resource Management Act 1991”
with “section 181(4) of the Natural Environment Act 2026”
.
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.
In section 186JC(2), replace “under section 114 of the Resource Management Act 1991”
with “section 181 of the Natural Environment Act 2026”
.
In section 186N(2), replace “resource consent or certificate of compliance under the Resource Management Act 1991”
with “natural resource permit or certificate of compliance under the Natural Environment Act 2026”
.
In section 186R(2), replace—
(a)
“resource consent”
with “natural resource permit”
in each place; and
(b)
“Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 186S(2)(a)(i) and (ii) and (b), replace “resource consent or certificate of compliance under the Resource Management Act 1991”
with “natural resource permit or certificate of compliance under the Natural Environment Act 2026”
.
Replace section 186ZF(3) 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 clause 41 of Schedule 4 of the Natural Environment Act 2026; or
(b)
the aquaculture area decision expires under section 186JH, unless it has been extended by the chief executive under section 186JI.
Replace section 186ZF(4) with:
(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.
In section 186ZM(1), replace “section 114 of the Resource Management Act 1991”
with “section 140 of the Natural Environment Act 2026”
.
In section 186ZM(5)(b), replace “section 165ZH of the Resource Management Act 1991”
with “section 181 of the Natural Environment Act 2026”
.
Food Act 2014 (2014 No 32)
Replace section 368(3)(i) with:
(i)
the Natural Environment Act 2026; or
Forestry Rights Registration Act 1983 (1983 No 42)
In section 6, replace “Resource Management Act 1991”
with “Planning Act 2026”
.
Forests Act 1949 (1949 No 19)
In section 67L, replace “Resource Management Act 1991”
with “Planning Act 2026”
.
Replace section 67V with:
67V Relationship of Part with Natural Environment Act 2026 and Planning Act 2026
Nothing in this Part derogates from any provision of the Natural Environment Act 2026 or the Planning Act 2026.
In Schedule 2, replace clause 4 with:
4 Plan to specify relevant requirements under Natural Environment Act 2026 and Planning Act 2026
The plan must specify the relevant details of all applicable natural environment plans under the Natural Environment Act 2026 and land use plans under the Planning Act 2026.
Goods and Services Tax Act 1985 (1985 No 141)
Repeal section 5(7B)(a) and (7C)(a).
Government Roading Powers Act 1989 (1989 No 75)
In section 48(8), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
In section 61(10), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
In section 73(e), replace “Harbours Act 1950 and the Resource Management Act 1991”
with “Natural Environment Act 2026 and the Planning Act 2026”
.
In section 73(f), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 88(6), replace “section 238(1)(c) of the Resource Management Act 1991 and section 60”
with “clause 30(2)(c) of Schedule 7 of the Planning Act 2026”
.
Hauraki Gulf Marine Park Act 2000 (2000 No 1)
In the heading to section 9, replace “Resource Management Act 1991, Natural Environment Act 2026,”
with “Natural Environment Act 2026”
.
In section 9(1), delete “district plan, plan, proposed plan, regional plan, regional policy statement, resource consent, and New Zealand coastal policy statement have the same meanings as in the Resource Management Act 1991, and”
.
In section 9(1), after “national instrument,”
, insert “planning consent,”
.
In section 9(1), after “2026, and natural environment plan”
, insert “, natural resource permit,”
.
Repeal section 9(2), (3), and (5).
Replace section 9(4) with:
(4)
A permit authority must, when considering an application for a natural resource permit for the Hauraki Gulf, its islands, and catchments, have regard to sections 7 and 8 in addition to the matters contained in the Natural Environment Act 2026.
(4A)
A consent authority must, when considering an application for a planning consent for the Hauraki Gulf, its islands, and catchments, have regard to sections 7 and 8 in addition to the matters contained in the Planning Act 2026.
In the heading to section 10, delete “New Zealand coastal policy statement or”
.
Repeal section 10(1) to (3).
In Schedule 1, repeal the item relating to the Resource Management Act 1991.
Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025 (2025 No 54)
Replace section 26(d) with:
(d)
any activity that is expressly allowed, without obtaining a natural resource permit, under regulations made under section 360(1)(a) and (ha) to (hh) of the Resource Management Act 1991 or under section 321(1)(3) and (16) to (21) of the Natural Environment Act 2026 that relate to the regulation of marine pollution:
In section 26(e), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 26(h)(i), replace “regional coastal plan or resource consent”
with “natural environment plan, land use plan, natural resource permit, or planning consent”
.
In section 38(2)(b), after “of the relevant”
, insert “permit authority or”
.
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 3 of the Natural Environment Act 2026”
.
Hazardous Substances and New Organisms Act 1996 (1996 No 30)
In section 97(1)(h)(ii), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In section 97(2)(a), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
Replace section 142(4) and (5) with:
(4)
Nothing in this Act applies to a planning consent under the Planning Act 2026 until the time that the conditions on the planning consent are reviewed in accordance with section 198 of that Act, if the planning consent—
(a)
is a consent that relates to the storage, use, disposal, or transportation of any hazardous substance; and
(b)
was granted before the coming into force of any regulations made under this Act (other than regulations made under Parts 11 to 16).
(5)
Nothing in this Act applies to a natural resource permit under the Natural Environment Act 2026 until the time that the conditions on the natural resource permit are reviewed in accordance with section 200 of that Act, if the permit—
(a)
is a coastal permit to do something that would otherwise contravene section 24 of the Natural Environment Act 2026 or is a discharge permit; and
(b)
was granted before the coming into force of any regulations made under this Act (other than regulations made under Parts 11 to 16).
Health Act 1956 (1956 No 65)
In section 54(7), after “Resource Management Act 1991”
, insert “or a natural resource permit for that activity has been granted under the Natural Environment Act 2026 or a planning consent for that activity has been granted under the Planning Act 2026”
.
Health and Safety at Work Act 2015 (2015 No 70)
Replace section 230 with:
230 Relationship between regulations relating to hazardous substances under this Act and Natural Environment Act 2026 and Planning Act 2026
(1)
Nothing prescribed in regulations made under this Act for the safe use, handling, manufacture, or storage of hazardous substances applies in relation to any natural resource permit or planning consent to which this subsection applies that is—
(a)
a land use consent relating to the use, handling, manufacture, or storage of any hazardous substance; or
(b)
a coastal permit to do something that would otherwise contravene section 24 of the Natural Environment Act 2026; or
(c)
a discharge permit under the Natural Environment Act 2026.
(2)
Subsection (1) applies where the natural resource permit or planning consent concerned was granted before the coming into force of any regulations made under the Hazardous Substances and New Organisms Act 1996 and until such time as the conditions on the natural resource permit or planning consent are reviewed in accordance with section 200 of the Natural Environment Act 2026 or section 198 of the Planning Act 2026.
(3)
In this section,—
natural resource permit has the meaning given in section 133 of the Natural Environment Act 2026
planning consent has the meaning given in section 130 of the Planning Act 2026.
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 23 or Schedule 7 of the Planning Act 2026”
.
Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26)
Repeal section 13(1)(i).
In section 27(1)(h), replace “resource consents”
with “planning consents and natural resource permits”
.
In section 40(2)(a), delete “or the Resource Management Act 1991”
.
In section 46(5), replace “resource consent application or notice of requirement for a designation under the Resource Management Act 1991”
with “planning consent application or proposed designation under the Planning Act 2026 or a natural resource permit application under the Natural Environment Act 2026”
.
In section 46(5)(a), replace “Resource Management Act 1991”
with “Planning Act 2026 or the Natural Environment Act 2026”
.
In section 75(1)(a), replace “resource consent”
with “planning consent or a natural resource permit”
.
In section 75(2)(b)(ii), replace “resource consent”
with “consent or permit”
.
Housing Act 1955 (1955 No 51)
Replace section 3A with:
3A Relationship to Natural Environment Act 2026 and Planning Act 2026
Nothing in this Part derogates from any of the provisions of the Natural Environment Act 2026 or the Planning Act 2026.
In section 11(2), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
Housing Assets Transfer Act 1993 (1993 No 50)
In section 7(4), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
Income Tax Act 2007 (2007 No 97)
Replace section CB 14(2)(a) with:
(a)
the rules of an operative land use plan under the Planning Act 2026:
Replace section CB 14(2)(e) to (g) with:
(e)
a natural resource permit granted under the Natural Environment Act 2026 or a planning consent granted under the Planning Act 2026:
(f)
the likelihood of a consent or permit being granted:
(g)
a decision of the Environment Court made under the Natural Environment Act 2026 or the Planning Act 2026:
Replace section CB 14(2)(i) with:
(i)
the removal of a condition, covenant, designation, obligation, prohibition, or restriction under the Natural Environment Act 2026 or the Planning Act 2026:
In section CB 14(2)(j), delete “heritage order,”
.
In section CB 14, list of defined terms, insert in their appropriate alphabetical order “natural resource permit”
and “planning consent”
.
In the heading above section CB 28(7), replace “resource consent”
with “natural resource permit or planning consent”
.
In section CB 28(7) and (8), replace “resource consent”
with “natural resource permit or planning consent”
in each place.
In section CB 28, list of defined terms,—
(a)
delete “resource consent”
; and
(b)
insert in their appropriate alphabetical order “natural resource permit”
and “planning consent”
.
In section CG 7B(1)(c) and (2)(b), replace “resource consent”
with “natural resource permit, a planning consent,”
.
In section CG 7B, list of defined terms, insert in their appropriate alphabetical order “natural resource permit”
and “planning consent”
.
In the heading to section DB 19, replace “resource consent”
with “natural resource permit or planning consent”
.
In section DB 19(1), replace “resource consent under the Resource Management Act 1991”
with “natural resource permit under the Natural Environment Act 2026 or a planning consent under the Planning Act 2026”
.
In section DB 19(1)(b), (1B)(b), and (2)(b), replace “resource consent”
with “natural resource permit or planning consent”
.
In section DB 19, list of defined terms, insert in their appropriate alphabetical order “natural resource permit”
and “planning consent”
.
In section DB 46(8), replace “resource consent”
with “natural resource permit or planning consent”
in each place.
In section DB 46, list of defined terms, insert in their appropriate alphabetical order “natural resource permit”
and “planning consent”
.
In section DU 11(2)(b), replace “resource consents”
with “natural resource permits or planning consents”
.
In section DU 11, list of defined terms, insert in their appropriate alphabetical order “natural resource permit”
and “planning consent”
.
In section DU 12(a)(iii), replace “Resource Management Act 1991 or regulations made under that Act”
with “Natural Environment Act 2026 or the Planning Act 2026 or national instruments or regulations made under those Acts”
.
In section EE 57(3)(cb), replace “or a resource consent under the Resource Management Act 1991”
with “a natural resource permit under the Natural Environment Act 2026, or a planning consent under the Planning Act 2026”
.
In section EE 57, list of defined terms, insert in their appropriate alphabetical order “natural resource permit”
and “planning consent”
.
In section YA 1, definition of contaminant, replace “section 2(1) of the Resource Management Act 1991”
with “section 3 of the Natural Environment Act 2026”
.
In section YA 1, definition of property, paragraph (a), after “Resource Management Act 1991”
, insert “, the Natural Environment Act 2026, or the Planning Act 2026”
.
In section YA 1, repeal the definition of resource consent.
In section YA 1, insert in their appropriate alphabetical order:
natural resource permit has the meaning given in section 133 of the Natural Environment Act 2026
planning consent has the meaning given in section 130 of the Planning Act 2026
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 a natural resource permit under the Natural Environment Act 2026 that would otherwise contravene sections 21 to 26 of that Act (in either case, other than a consent or permit for a reclamation), being a consent or permit granted in or after—
(a)
the 1996–97 tax year, if the consent or permit relates to sections 12 to 15 of the Resource Management Act 1991 or sections 21 to 24 of the Natural Environment Act 2026; or
(b)
the 2014–15 income year, if the consent or permit relates to sections 15A and 15B of the Resource Management Act 1991 or sections 25 and 26 of the Natural Environment Act 2026
Infrastructure Funding and Financing Act 2020 (2020 No 47)
In section 7(1), definition of financial contribution, after “1991”
, insert “before its repeal”
.
Irrigation Schemes Act 1990 (1990 No 52)
In the heading to section 12, replace “Section 11 and Part 10 of Resource Management Act 1991”
with “Section 23 and Schedule 7 of Planning Act 2026, section 217 of Natural Environment Act 2026,”
.
In section 12, replace “Section 11 and Part 10 of the Resource Management Act 1991”
with “Section 23 and Schedule 7 of the Planning Act 2026, section 217 of the Natural Environment Act 2026,”
.
Replace section 13 with:
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 Planning Act 2026 and the Natural Environment Act 2026.
Joint Family Homes Act 1964 (1964 No 45)
In section 3(3), replace “Part 10 of the Resource Management Act 1991”
with “Schedule 7 of the Planning Act 2026”
.
Lake Wanaka Preservation Act 1973 (1973 No 107)
In section 6(1), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 8(1), replace “Resource Management Act 1991, the Natural Environment Act 2026,”
with “Natural Environment Act 2026”
.
In section 11, replace “resource consent under the Resource Management Act 1991 authorising any activity in relation to the lake that is referred to in section 13 or section 14”
with “natural resource permit under the Natural Environment Act 2026 authorising any activity in relation to the lake that is referred to in section 22 or 23”
.
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 “Schedule 7 of the Planning Act 2026”
.
In section 66A(5), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 and the Planning Act 2026”
.
In section 82(3A)(b), replace “section 238 or 239 of the Resource Management Act 1991”
with “clauses 30 and 31 of Schedule 7 of the Planning Act 2026”
.
In section 93(1), replace “Part 10 of the Resource Management Act 1991”
with “Schedule 7 of the Planning Act 2026”
.
In section 93(3), replace “section 238 of the Resource Management Act 1991”
with “clause 30 of Schedule 7 of the Planning Act 2026”
.
In section 165(6A), replace “Resource Management Act 1991”
with “Natural Environment Act 2026, the Planning Act 2026,”
.
Land Drainage Act 1908 (1908 No 96)
Replace section 2A with:
2A Relationship to Natural Environment Act 2026 and Planning Act 2026
Nothing in this Act derogates from the Natural Environment Act 2026 or the Planning Act 2026.
Land Transport Management Act 2003 (2003 No 118)
Repeal section 14(c)(ii).
In section 63(5)(a), replace “section 218 of the Resource Management Act 1991”
with “clause 2 of Schedule 7 of the Planning Act 2026”
.
Repeal section 124(c)(ii).
Local Authorities (Members’ Interests) Act 1968 (1968 No 147)
Repeal section 6(3)(e).
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 “clause 3 of Schedule 7 of the Planning Act 2026”
.
Local Government Act 1974 (1974 No 66)
In section 2(1), repeal the definition of district plan, operative.
In section 2(1), replace the definition of rural area with:
rural area means an area zoned rural in a proposed or an operative land use plan
In section 2(1), insert in its appropriate alphabetical order:
land use plan has the meaning given in section 3 of the Planning Act 2026
In section 315(1), replace the definition of survey plan with:
survey plan has the meaning given in clause 4 of Schedule 7 of the Planning Act 2026
In section 319(1)(e), replace “district plan”
with “land use plan”
.
In section 336(6), replace “district plan under the Resource Management Act 1991”
with “land use plan under the Planning Act 2026”
.
In section 340(1), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In section 341(1), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
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 that Act”
with “(as defined in clause 1 of Schedule 7 of the Planning Act 2026)”
.
In section 345(4), replace “district plan under section 77 of the Resource Management Act 1991”
with “land use plan under section 111 of the Planning Act 2026”
.
In section 347, replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In section 348(6), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
Replace section 502 with:
502 This Part subject to Natural Environment Act 2026 and Planning Act 2026
Nothing in this Part derogates from the provisions of the Natural Environment Act 2026 or the Planning Act 2026.
Replace section 517A with:
517A This Part subject to Natural Environment Act 2026, Planning Act 2026, and Soil Conservation and Rivers Control Act 1941
Nothing in this Part derogates from the provisions of the Natural Environment Act 2026, the Planning Act 2026, or the Soil Conservation and Rivers Control Act 1941.
In section 517B, definition of scheme asset, paragraph (e), replace “consent granted under the Resource Management Act 1991”
with “natural resource permit granted under the Natural Environment Act 2026 or planning consent granted under the Planning Act 2026”
.
In section 517I(i), replace “district plans”
with “land use plans”
.
Repeal section 517I(j).
Replace section 517I(k) with:
(k)
identify any natural resource permits and planning consents relating to the scheme; and
In section 517U(e), replace “Resource Management Act 1991”
with “Natural Environment Act 2026, the Planning Act 2026”
.
In section 517Z(1)(b), replace “district plans”
with “land use plans”
.
In section 517Z(3), replace—
(a)
“section 167 of the Resource Management Act 1991”
with “clause 10 of Schedule 5 of the Planning Act 2026”
; and
(b)
“requiring authority”
with “designating authority”
in each place.
Replace section 517ZH with:
517ZH Section 23 and Schedule 7 of Planning Act 2026 and Part 21 of this Act not to apply
Section 23 and Schedule 7 of the Planning Act 2026 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, nor to any subdivision required in respect of any such transfer.
Repeal section 517ZI.
In Schedule 10, clause 6, replace “district plan”
with “land use plan”
.
Local Government Act 2002 (2002 No 84)
In section 5(1), repeal the definition of resource consent.
In section 5(1), insert in their appropriate alphabetical order:
natural resource permit has the meaning given in section 133 of the Natural Environment Act 2026, and includes a change to a condition of a natural resource permit under section 199 of that Act
planning consent has the meaning given in section 130 of the Planning Act 2026, and includes a change to a condition of a planning consent under section 197 of that Act
In section 48J(1)(a), delete “the Resource Management Act 1991,”
.
In section 79(3), delete “the Resource Management Act 1991,”
.
In section 102(2)(d) and (3A)(a), delete “or financial contributions”
.
Repeal section 103(2)(h).
In the heading to section 106, delete “or financial contributions”
.
In section 106(2), delete “or financial contributions”
in each place.
In section 106(2)(d), delete “or a financial contribution”
.
In section 106(5), replace “subsections (3) and (4)”
with “subsection (3)”
.
In section 174(5)(b), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
In section 197(1), definition of allotment, replace “section 218(2) of the Resource Management Act 1991”
with “clause 3 of Schedule 7 of the Planning Act 2026”
.
In section 197(1), repeal the definition of network utility operator.
In section 197(1), insert in its appropriate alphabetical order:
core infrastructure operator has the meaning given in clause 9 of Schedule 5 of the Planning Act 2026
In section 197(2), repeal the definition of resource consent.
Replace section 198(1)(a) with:
(a)
a planning consent is granted under the Planning Act 2026 for a development within its district:
Replace section 202(1)(b)(i) with:
(i)
granting a planning consent under the Planning Act 2026; or
In the heading to section 207, delete “or Resource Management Act 1991”
.
In section 207(2)(b), after “conditions imposed under those sections”
, insert “, as if that Act had not been repealed”
.
Replace section 207D(3)(a) with:
(a)
grant a planning consent under the Planning Act 2026; or
In section 207D(3)(d), replace “section 224 of the Resource Management Act 1991”
with “clause 18 of Schedule 7 of the Planning Act 2026”
.
In section 208(1)(a)(i), replace “section 224(c) of the Resource Management Act 1991”
with “clause 18 of Schedule 7 of the Planning Act 2026”
.
In section 208(1)(a)(ii), replace “resource consent under the Resource Management Act 1991”
with “planning consent under the Planning Act 2026”
.
Replace section 209(1)(a) with:
(a)
the planning consent—
(i)
lapses under section 194 of the Planning Act 2026; or
(ii)
is surrendered under section 206 of that Act; or
In section 209(1)(c), replace “resource consent”
with “planning consent”
.
In section 211, replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In section 212, repeal the definitions of plan and proposed plan.
In the heading to section 222, replace “Resource Management Act 1991”
with “Natural Environment Act 2026, Planning Act 2026,”
.
In section 222, replace “Resource Management Act 1991,”
with “Natural Environment Act 2026, the Planning Act 2026,”
.
In section 290(a)(i) and (b), replace “resource consent”
with “planning consent”
.
In Schedule 3, clause 2, definition of affected area, paragraph (d), replace “Resource Management Act 1991, the Natural Environment Act 2026,”
with “Natural Environment Act 2026”
.
In Schedule 3, repeal clause 23(1)(e)(ii).
In Schedule 3, replace clause 23(3)(b) with:
(b)
include responsibility for preparing a plan, variation, or plan change under the Natural Environment Act 2026 or the Planning Act 2026.
In Schedule 3, replace clause 43(1)(e)(i) and (ii) with:
(i)
the administration of any natural resource permits under the Natural Environment Act 2026, but subject to sections 102(4) and 124 to 128, Part 4, and Schedule 4 of that Act:
(ii)
the administration of any designations, planning consents, and proposed designations under the Planning Act 2026, but subject to sections 123 to 128, Part 4, Part 3 of Schedule 3, and Schedule 5 of that Act:
In Schedule 13, clause 3(1)(b), delete “or financial contributions”
.
In Schedule 14, replace clause 4(a) with:
(a)
a natural resource permit granted under the Natural Environment Act 2026 or a planning consent under the Planning Act 2026; or
Local Government (Auckland Council) Act 2009 (2009 No 32)
In section 42B(3), replace “a national environmental standard, a national policy statement, or a national planning standard made under Part 5 of the Resource Management Act 1991, a national instrument made under the Planning Act 2026,”
with “a national instrument made under the Planning Act 2026”
.
Local Government Official Information and Meetings Act 1987 (1987 No 174)
Replace section 7(2)(ba) with:
(ba)
in the case only of an application for a natural resource permit or water conservation order under the Natural Environment Act 2026, or a planning consent or proposed designation under the Planning Act 2026, avoid serious offence to tikanga Māori, or to avoid the disclosure of the location of wāhi tapu; or
Replace section 44A(2)(aa)(ii) with:
(ii)
is not apparent from a land use plan under the Planning Act 2026:
Replace section 45(1A) with:
(1A)
Despite subsections (1) and (1AB), meeting, in relation to a special tribunal appointed under Schedule 5 of the Natural Environment Act 2026, is limited to any hearing the special tribunal holds under clause 9 of Schedule 5 of that Act.
(1AA)
Despite subsections (1), (1A), and (1AB), meeting, in relation to a person given authority to conduct hearings under section 239 of the Natural Environment Act 2026 or section 229 of the Planning Act 2026, is limited to any hearing the person holds under—
(a)
section 157 or 158 of the Planning Act 2026; or
(b)
section 160(a) or (b) of the Natural Environment Act 2026, which applies those provisions of the Planning Act 2026.
Replace section 45A with:
45A Application of this Part to certain local authorities
Sections 48 and 53 are the only provisions of this Part that apply to the following local authorities:
(a)
an independent hearings panel established under the Planning Act 2026; and
(b)
a special tribunal given authority to conduct hearings under clause 5 of Schedule 5 of the Natural Environment Act 2026.
In Schedule 1, Part 1, repeal the item relating to community boards, boards of inquiry, freshwater hearings panels, public bodies, special tribunals, and certain persons given authority to conduct hearings.
In Schedule 1, Part 1, after the item relating to spatial plan committees, insert:
Special tribunals appointed under Schedule 5 of the Natural Environment Act 2026, or any person given authority to conduct hearings under sections 226 to 229 of the Planning Act 2026 or sections 236 to 239 of the Natural Environment Act 2026
Local Government (Rating) Act 2002 (2002 No 6)
In Schedule 2, replace item 2 with:
2
The activities that are permitted, controlled, restricted discretionary, or discretionary for the area in which the land is situated, and the rules to which the land is subject under an operative natural environment plan under the Natural Environment Act 2026 or an operative land use plan under the Planning Act 2026.
In Schedule 2, repeal item 3.
Local Government (Water Services) Act 2025 (2025 No 42)
In section 4, repeal the definition of district plan.
In section 4, insert in their appropriate alphabetical order:
land use plan has the meaning given in section 3 of the Planning Act 2026
regional spatial plan has the meaning given in section 3 of the Planning Act 2026
In section 4, definition of urban area, paragraph (a), replace “district plan or proposed district plan”
with “land use plan or proposed land use plan”
.
In sections 70(3)(c) and 71(7)(c), replace “district plan prepared under the Resource Management Act 1991”
with “land use plan prepared under the Planning Act 2026”
.
In section 109, definition of consent authority, paragraph (b), replace “Resource Management Act 1991 (see section 2(1) of that Act)”
with “Planning Act 2026 (see section 3 of that Act)”
.
In section 109, insert in their appropriate alphabetical order:
core infrastructure operator has the meaning given in clause 9 of Schedule 5 of the Planning Act 2026
planning consent has the meaning given in section 130 of the Planning Act 2026, and includes a change to a condition of a planning consent under section 197 of that Act
In section 109, definition of development, paragraph (b), replace “network utility operator”
with “core infrastructure operator”
.
In section 109, replace the definition of financial contribution with:
financial contribution means a financial contribution that was received under the Resource Management Act 1991
In section 109, repeal the definitions of network utility operator and resource consent.
In section 113(1)(a), (3), and (4)(a), replace “resource consent”
with “planning consent”
.
In section 116(5), delete “or financial contribution”
.
In the heading to section 117, delete “or financial contributions”
.
In section 117(1)(a), delete “or financial contributions”
.
In section 117(5), replace “resource consent”
with “planning consent”
.
Repeal section 117(6) to (8) and the heading above section 117(6).
In section 120(5), replace “resource consent”
with “planning consent”
.
In section 127(6)(a), replace “resource consent”
with “planning consent”
.
In section 129(3)(a)(i), replace “resource consents”
with “planning consents”
.
Replace section 141(3)(a) with:
(a)
grant a planning consent under the Planning Act 2026; or
In section 141(3)(d), replace “section 224(c) of the Resource Management Act 1991”
with “clause 18 of Schedule 7 of the Planning Act 2026”
.
In section 144(1)(a) and (5)(a),—
(a)
replace “section 224(c) of the Resource Management Act 1991”
with “clause 18 of Schedule 7 of the Planning Act 2026”
; and
(b)
replace “resource consent under the Resource Management Act 1991”
with “planning consent under the Planning Act 2026”
.
In section 145(1)(a) and (c), replace “resource consent”
with “planning consent”
.
In section 145(1)(a)(i), replace “section 125 of the Resource Management Act 1991”
with “section 194 of the Planning Act 2026”
.
In section 145(1)(a)(ii), replace “section 138”
with “section 206”
.
In section 147(4)(c), replace “resource consents”
with “planning consents”
.
In section 148, replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In section 168(6), replace “resource consent”
with “natural resource permit, planning consent,”
.
Replace section 203(2)(b) with:
(b)
may refer to any relevant management plans prepared by a territorial authority, regional council, or a water organisation under the Natural Environment Act 2026.
Replace section 209(1)(b) with:
(b)
without a natural resource permit required under the Natural Environment Act 2026 for the activity; or
(c)
without a planning consent required under the Planning Act 2026 for the activity.
In section 212(1) and (2), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 213(2), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In Schedule 2, clause 3(1)(g), replace “resource consents”
with “natural resource permits, planning consents,”
.
In Schedule 2, clause 5(2)(b), replace “resource consents, natural resource permits,”
with “natural resource permits”
.
Maori Commercial Aquaculture Claims Settlement Act 2004 (2004 No 107)
In section 4, replace the definition of aquaculture activities with:
aquaculture activity has the meaning given in section 3 of the Natural Environment Act 2026
In section 4, definition of authorisation, replace “has the same meaning as in section 165C of the Resource Management Act 1991”
with “has the meaning given in clause 1(1) of Schedule 4 of the Natural Environment Act 2026”
.
In section 4, definition of coastal permit, replace “has the same meaning as in section 2(1) of the Resource Management Act 1991”
with “has the meaning given in section 133(a) of the Natural Environment Act 2026”
.
In section 4, definition of new space, paragraph (a), replace “section 116A of the Resource Management Act 1991”
with “section 188 of the Natural Environment Act 2026”
.
In section 4, definition of occupy, replace “has the same meaning as in section 2(1) of the Resource Management Act 1991”
with “has the meaning given in section 3 of the Natural Environment Act 2026”
.
In section 5(1)(aa), replace “in accordance with an Order in Council under section 165K, or a notice in the Gazette under section 165N, of the Resource Management Act 1991”
with “in accordance with an Order in Council under clause 10 of Schedule 4, or a notice in the Gazette under clause 13 of Schedule 4, of the Natural Environment Act 2026”
.
After section 11(2)(b)(ii), insert:
(iii)
if no resource consent applications for the purpose of aquaculture activities have been received by the date this subclause commences, within 2 years after the receipt of the first natural resource permit application for the purpose of aquaculture activities under the Natural Environment Act 2026 (not being an application to which clause 41 of Schedule 4 of the Natural Environment Act 2026 applies).
In section 12(3), replace “Section 165E of the Resource Management Act 1991”
with “Clause 3 of Schedule 4 of the Natural Environment Act 2026”
.
In section 13(6), replace “section 165R of the Resource Management Act 1991”
with “clause 17 of Schedule 4 of the Natural Environment Act 2026”
.
In section 14(4)(d)(iv)(A), replace “a resource consent under the Resource Management Act 1991 that could commence under section 116A”
with “a natural resource permit under the Natural Environment Act 2026 that could commence under section 188”
.
In section 14(4)(d)(iv)(B), replace “the resource consent”
with “the natural resource permit”
.
In section 16A(1), replace “Section 165T of the Resource Management Act 1991”
with “Clause 19 of Schedule 4 of the Natural Environment Act 2026”
.
In section 16A(2)(a), after “resource consent application”
, insert “or natural resource permit application”
.
In section 16A(2)(b), after “Resource Management Act 1991”
, insert “or a natural resource permit has been cancelled under section 188(3) or (7) of the Natural Environment Act 2026”
.
In section 16A(3), after “Resource Management Act 1991”
, insert “or a notice of transfer of the authorisation to the regional council under clause 18 of Schedule 4 of the Natural Environment Act 2026”
.
In section 50(6), replace “sections 135 and 165S of the Resource Management Act 1991”
with “section 208 and clause 18 of Schedule 4 of the Natural Environment Act 2026”
.
Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3)
In section 3(6)(a)(i), replace “resource consent”
with “natural resource permit and planning consent”
.
In section 9(1), repeal the following definitions:
(a)
aquaculture activities:
(b)
coastal permit:
(c)
consent authority:
(d)
plan:
(e)
proposed plan:
(f)
regional document:
(g)
resource consent:
(h)
RMA permission right.
In section 9(1), insert in their appropriate alphabetical order:
aquaculture activity has the meaning given in section 3 of the Natural Environment Act 2026
coastal permit has the meaning given in section 133(a) of the Natural Environment Act 2026
consent authority has the meaning given in section 3 of the Planning Act 2026
customary marine title permitted activity rule,—
(a)
in relation to a natural environment plan or proposed natural environment plan, has the meaning given in section 3 of the Natural Environment Act 2026; and
(b)
in relation to a land use plan or proposed land use plan, has the meaning given in section 3 of the Planning Act 2026
natural resource permit has the meaning given in section 3 of the Natural Environment Act 2026
NEP 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
permit authority has the meaning given in section 3 of the Natural Environment Act 2026
planning consent has the meaning given in section 3 of the Planning Act 2026
proposed land use plan has the meaning given in section 3 of the Planning Act 2026
In section 9(2), replace “section 3 of the Resource Management Act 1991”
with “section 3 of the Natural Environment Act 2026”
.
In section 11(5)(d), replace “resource consents or permits”
with “natural resource permits or planning consents”
.
In section 11(6), delete “regional plans, district plans,”
.
In section 14(2)(b), replace “resource consent”
with “natural resource permit, planning consent,”
.
In section 18(4), replace “resource consent”
with “natural resource permit”
.
In section 19(3)(b), replace “resource consent”
with “natural resource permit”
.
In section 19(3A)(b), replace “section 12(7) of the Resource Management Act 1991”
with “section 21(8) of the Natural Environment Act 2026 and section 22(4) of the Planning Act 2026”
.
In section 19(3C), replace “regional coastal plan”
with “natural environment plan”
in each place.
In section 19(3C)(b), replace “resource consent”
with “natural resource permit”
.
In section 20(b), replace “resource consent”
with “natural resource permit or planning consent”
.
In section 23(4), replace “Part 10 of the Resource Management Act 1991”
with “Schedule 7 of the Planning Act 2026”
.
In section 26(4), replace “regional plans, and district plans”
with “natural environment plans, and land use plans”
.
In section 27(5), replace “regional plans, and district plans”
with “natural environment plans, and land use plans”
.
In section 29(1), definition of developer, replace “resource consent”
with “natural resource permit”
in each place.
In section 30(2), replace “section 245(5) of the Resource Management Act 1991”
with “clause 73(3) of Schedule 7 of the Planning Act 2026”
.
In section 35(2),—
(a)
replace “network utility operator”
with “core infrastructure operator”
in each place; and
(b)
replace “network utility operation”
with “core infrastructure operation”
.
Replace section 35(7) with:
(7)
In this section, core infrastructure operation and core infrastructure operator have the meanings given in clause 9 of Schedule 5 of the Planning Act 2026.
In section 36(2)(d), replace “resource consent”
with “natural resource permit”
.
In section 39(1)(c), replace “section 245(5)(b) of the Resource Management Act 1991”
with “clause 73(3) of Schedule 7 of the Planning Act 2026”
.
In section 43(5), replace “section 245(5)(b) of the Resource Management Act 1991”
with “clause 73(3) of Schedule 7 of the Planning Act 2026”
.
Replace section 52(1) and (2) with:
(1)
A protected customary right may be exercised under a protected customary rights order or an agreement without a natural resource permit or planning consent despite—
(a)
any prohibition, restriction, or imposition that would otherwise apply in or under section 21, 22, 23, 24, or 29 of the Natural Environment Act 2026 or section 21, 22, 31, or 32 of the Planning Act 2026; and
(b)
any of the following that may restrict or prohibit the exercise of that right:
(i)
regulations under the Natural Environment Act 2026 or Planning Act 2026:
(ii)
a rule set in or required by a national instrument under the Natural Environment Act 2026 or Planning Act 2026.
(2)
In exercising a protected customary right, a protected customary rights group is not liable for—
(a)
natural resource levies imposed under section 328 of the Natural Environment Act 2026; or
(b)
royalties for sand and shingle imposed by regulations made under the Natural Environment Act 2026.
In the heading to section 55, replace “resource consent”
with “natural resource permit or planning consent”
.
In section 55(1), replace “resource consent”
with “natural resource permit or planning consent”
.
In section 55(2),—
(a)
replace “A consent authority”
with “A permit authority or consent authority”
; and
(b)
replace “resource consent”
with “natural resource permit or planning consent”
.
In section 55(3)(a), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
Replace section 55(3)(b) with:
(b)
a natural resource permit under section 315 of the Natural Environment Act 2026 for an emergency activity (within the meaning of section 63) undertaken in accordance with section 313 or 314 of that Act, as if the emergency activity were an emergency work to which section 313 or 314 applies; or
(ba)
a planning consent under section 317 of the Planning Act 2026 for an emergency activity (within the meaning of section 63) undertaken in accordance with section 315 or 316 of that Act, as if the emergency activity were an emergency work to which section 315 or 316 applies; or
In section 55(3)(c), replace “resource consent”
with “natural resource permit or planning consent”
in each place.
In section 55(3)(d), replace “resource consent”
with “natural resource permit or planning consent”
.
In section 55(4),—
(a)
before “consent authority”
, insert “permit authority or”
; and
(b)
replace “resource consent”
with “natural resource permit or planning consent”
.
In section 57B(f), after “resource consent”
, insert “, natural resource permit, or planning consent”
.
In section 59(4)(b)(ii), replace “section 2(1) of the Resource Management Act 1991”
with “section 3 of the Planning Act 2026”
.
In section 60(2)(a), replace “resource consent,”
with “natural resource permit, planning consent,”
.
Replace section 60(2)(b) with:
(b)
is not liable for payment, in relation to the customary marine title area, of—
(i)
natural resource levies imposed under section 328 of the Natural Environment Act 2026; or
(ii)
royalties for sand and shingle imposed by regulations made under the Natural Environment Act 2026.
In section 62(1)(a), delete “Resource Management Act 1991 (RMA)”
.
In section 62(2), replace “resource consent”
with “natural resource permit or planning consent”
.
In the heading to section 62A, replace “resource consents”
with “natural resource permits or planning consents”
.
In section 62A(1) and (2), replace “resource consent”
with “natural resource permit or planning consent”
in each place.
In section 62A(3),—
(a)
before “consent authority”
, insert “permit authority or”
; and
(b)
replace “section 88 of the Resource Management Act 1991”
with “section 143 of the Natural Environment Act 2026 or section 139 of the Planning Act 2026 (as the case requires)”
.
In section 63, definition of accommodated activities, paragraph (a), replace “RMA permission right”
with “NEP permission right”
.
In section 63, definition of accommodated infrastructure, paragraph (b)(iii), replace “a network utility operator (within the meaning of section 166 of the Resource Management Act 1991)”
with “a core infrastructure operator (within the meaning of clause 9 of Schedule 5 of the Planning Act 2026)”
.
In section 63, definition of associated operations, paragraph (a), replace “resource consent granted under the Resource Management Act 1991”
with “natural resource permit or planning consent”
.
In section 63, definition of emergency activity, paragraph (c)(vi), replace “section 330 of the Resource Management Act 1991”
with “section 313 or 314 of the Natural Environment Act 2026 or section 315 or 316 of the Planning Act 2026”
.
In section 63, definition of existing, after “resource consents”
, insert “, natural resource permits, or planning consents”
.
In section 64(1)(b), replace “RMA permission right”
with “NEP permission right”
.
In section 64(2)(a),—
(a)
after “resource consent,”
, insert “natural resource permit, or planning consent,”
; and
(b)
after “for the consent”
, insert “or permit”
; and
(c)
after “accepted by the”
, insert “permit authority or”
.
In section 64(2)(b), after “resource consent,”
, insert “natural resource permit, or planning consent,”
.
In section 64(2)(d), replace “resource consent”
with “natural resource permit or planning consent”
.
In section 64(2)(e), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 65(1)(a)(iv)(A), replace “consents”
with “natural resource permits and planning consents”
.
In section 65(1)(a)(iv)(B), replace “resource consents”
with “natural resource permits and planning consents”
.
In section 65(2),—
(a)
before “consent authority”
, insert “permit authority or”
; and
(b)
replace “resource consent”
with “natural resource permit or planning consent”
in each place.
Replace the cross-heading above section 66 with:
NEP permission right
Replace sections 66 to 68 with:
66 Scope of NEP permission right
(1)
A natural environment and planning permission right (an NEP permission right) applies to activities that are to be carried out under any of the following, to the extent that the activity is to be carried out within a customary marine title area:
(a)
a natural resource permit (including a natural resource permit for a controlled activity):
(b)
a planning consent:
(c)
a customary marine title permitted activity rule in a natural environment plan, a proposed natural environment plan, a land use plan, or a proposed land use plan.
(2)
A customary marine title group may give or decline permission, on any grounds, for an activity to which an NEP permission right applies.
(3)
Permission given by a customary marine title group cannot be revoked.
(4)
An NEP permission right does not apply to—
(a)
the grant or exercise of a natural resource permit or a planning consent for an accommodated activity; or
(b)
any activity that is carried out under a customary marine title permitted activity rule for an accommodated activity.
(5)
An NEP permission right, or permission given under such a right, does not limit the discretion of a permit authority or a consent authority—
(a)
to decline an application for a natural resource permit or a planning consent; or
(b)
to impose conditions.
(6)
In this section,—
consent authority includes the Minister of Conservation exercising the powers of a consent authority under section 213 of the Planning Act 2026
permit authority includes the Minister of Conservation exercising the powers of a permit authority under section 219 of the Natural Environment Act 2026.
67 Procedural matters relevant to exercise of NEP permission right
(1)
A person seeking to carry out an activity to which an NEP permission right applies (the person)—
(a)
must make a request for permission by notice in writing to the relevant customary marine title group; and
(b)
may do so at any time before—
(i)
the natural resource permit or planning consent commences (in the case of an activity to be carried out under a natural resource permit or planning consent); or
(ii)
the activity commences (in the case of an activity to be carried out under a customary marine title permitted activity rule).
(2)
The customary marine title group must—
(a)
notify in writing its decision on a request for permission to—
(i)
the person; and
(ii)
the consent authority, permit authority, or local authority responsible for administering the customary marine title permitted activity rule (as the case requires); and
(b)
if permission is given, specify—
(i)
the activity for which permission is given; and
(ii)
the person who is to have the benefit of the permission; and
(iii)
the duration of the permission.
(3)
Unless the customary marine title group has already notified its decision to the applicant under subsection (2), it must do so no later than—
(a)
40 working days after it receives a notice from the applicant that the applicant has been granted the natural resource permit or planning consent (in the case of an activity to be carried out under a natural resource permit or planning consent); or
(b)
40 working days after a request under subsection (1)(a) (in the case of an activity to be carried out under a customary marine title permitted activity rule).
(4)
The permission of the customary marine title group is to be treated as having been given for—
(a)
the natural resource permit or planning consent, for its duration, if notice of the customary marine title group’s decision is not received by the person in accordance with subsection (3)(a); or
(b)
the activity to be undertaken under the customary marine title permitted activity rule, if notice of the customary marine title group’s decision is not received by the person in accordance with subsection (3)(b).
(5)
In subsection (3)(a),—
(a)
the grant of a natural resource permit means that the permit has been granted and any appeal rights exhausted, and that the permit would, but for the requirement for the permission of the customary marine title group, commence under section 186 of the Natural Environment Act 2026; and
(b)
the grant of a planning consent means that the consent has been granted and any appeal rights exhausted, and that the consent would, but for the requirement for the permission of the customary marine title group, commence under sections 185 to 187 of the Planning Act 2026.
(6)
Subsection (3)(a) applies whether or not the person had previously notified the customary marine title group of the application.
(7)
When a permit authority or consent authority receives an application for a natural resource permit or planning consent to which an NEP permission right applies, it must refer the application to the relevant customary marine title group as soon as practicable unless the group has already notified its decision in accordance with subsection (2).
68 Effect of NEP permission right
(1)
The holder of a natural resource permit or a planning consent for an activity in a customary marine title area to which an NEP permission right applies must not commence the activity to which the permit or consent applies unless—
(a)
permission has been given by the relevant customary marine title group under section 66(2) (or is treated as given under section 67(4)) for that activity; and
(b)
the permission covers the activity to which the permit or consent applies.
(2)
A customary marine title permitted activity rule does not authorise a person to carry out an activity in a customary marine title area to which an NEP permission right applies unless, before the person commences the activity,—
(a)
permission has been given by the relevant customary marine title group under section 66(2) (or is treated as given under section 67(4)) for that activity; and
(b)
the permission covers that activity.
(3)
To avoid doubt, a decision of a customary marine title group to give or to decline permission for an activity is not subject to—
(a)
a right of appeal; or
(b)
a right to apply to the Planning Tribunal for review.
In section 69(1), replace “RMA permission right”
with “NEP permission right”
.
Replace section 70(1) with:
(1)
Subsection (3) applies only if,—
(a)
in relation to the exercise of a natural resource permit or a planning consent,—
(i)
an NEP permission right applies; and
(ii)
the natural resource permit or planning consent is exercised without the permission of the customary marine title group being obtained; or
(b)
in relation to an activity carried out in reliance on a customary marine title permitted activity rule,—
(i)
an NEP permission right applies; and
(ii)
the activity is carried out without the permission of the customary marine title group being obtained.
In section 84(2)(b), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
Repeal section 85(5)(d).
In section 87, replace “resource consents”
with “natural resource permits or planning consents”
.
In section 91(2)(b)(i), replace “the Resource Management Act 1991”
with “the Natural Environment Act 2026”
.
In section 91A, replace “section 360B of the Resource Management Act 1991”
with “section 326 of the Natural Environment Act 2026”
.
In section 92, definition of regional document, repeal paragraphs (a) and (b).
In the heading above section 93(2), replace “resource management”
with “certain”
.
In section 93(2), replace “that relate to resource management issues within its functions under the Resource Management Act 1991, the Natural Environment Act 2026, and the Planning Act 2026”
with “that relate to issues within its functions under the Natural Environment Act 2026 and the Planning Act 2026”
.
In section 93(3), replace “section 104 of the Resource Management Act 1991”
with “section 164 of the Natural Environment Act 2026 or section 164 of the Planning Act 2026”
.
In section 93(3),—
(a)
replace “section 104 of the Resource Management Act 1991”
with “section 164 of the Natural Environment Act 2026 or section 164 of the Planning Act 2026”
; and
(b)
replace “resource consent”
with “natural resource permit or planning consent”
; and
(c)
before “consent authority”
, insert “permit authority or”
.
In section 93(5)(a), delete “Schedule 1 of the Resource Management Act 1991 or”
.
Repeal section 93(6).
In section 93(7) and (8), replace “subsections (6) to (6B)”
with “subsections (6A) and (6B)”
.
In section 93(9), replace “the Resource Management Act 1991, the Natural Environment Act 2026, or the Planning Act 2026”
with “the Natural Environment Act 2026 or the Planning Act 2026”
.
Repeal section 93(10).
In section 93(11), delete “a proposed policy statement or plan that is notified under clause 5 of Schedule 1 of the Resource Management Act 1991 or”
.
Replace section 93(12) with:
(12)
If a change request to a natural environment plan or land use plan is made under Part 2 of Schedule 3 of the Planning Act 2026 that applies to a customary marine title area in respect of which a planning document has been lodged,—
(a)
the provisions of Part 2 of that schedule apply to the change request, subject to the regional council having regard to any matters in the planning document when making a decision under clause 51 of that schedule; and
(b)
if the change request is not rejected or treated as a natural resource permit or planning consent application, the regional council must adopt the request and initiate the process required by subsection (6A) or (6B) (as the case requires).
Replace the Schedule 1 heading with:
Schedule 1 Natural resource permits, planning consents, and controls in protected customary rights area
ss 55(5), 56(5)
In Schedule 1, clause 1, before “consent authority”
, insert “permit authority or”
.
In Schedule 1, clause 1(f), replace “resource consent”
with “natural resource permit or planning consent”
.
In Schedule 1, clause 2, replace “resource consent”
with “natural resource permit or planning consent”
in each place.
In Schedule 1, heading to clause 3, replace “resource consent”
with “natural resource permit or planning consent”
.
In Schedule 1, clause 3,—
(a)
replace “resource consent”
with “natural resource permit or planning consent”
in each place; and
(b)
before “consent authority”
, insert “permit authority or”
in each place.
In Schedule 1, replace clause 6(b) with:
(b)
may have regard to—
(i)
any relevant national instrument under the Natural Environment Act 2026 or the Planning Act 2026:
(ii)
the relevant regional spatial plan:
(iii)
any relevant natural environment plan, proposed natural environment plan, land use plan, or proposed land use plan.
In Schedule 1, replace clause 10(d) with:
(d)
may have regard to—
(i)
any relevant national instrument under the Natural Environment Act 2026 or the Planning Act 2026:
(ii)
the relevant regional spatial plan:
(iii)
any relevant natural environment plan, proposed natural environment plan, land use plan, or proposed land use plan.
In Schedule 2, clause 1, replace “the Resource Management Act 1991 for any resource consents”
with “the Natural Environment Act 2026 for any natural resource permits, or the Planning Act 2026 for any planning consents,”
.
In Schedule 2, clause 3(b), replace “resource consents”
with “natural resource permits or planning consents”
.
In Schedule 2, clause 6(b), replace “RMA”
with “NEP”
.
In Schedule 2, clause 10(a),—
(a)
replace “RMA”
with “NEP”
; and
(b)
replace “resource consents”
with “natural resource permits or planning consents”
.
In Schedule 2, clause 10(c), replace “resource consent”
with “natural resource permit or planning consent”
.
In Schedule 2, clause 10(d),—
(a)
before “consent authority”
, insert “permit authority or”
; and
(b)
replace “resource consents”
with “natural resource permits or planning consents”
; and
(c)
replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
In Schedule 2, clause 11(a), replace “resource consents”
with “natural resource permits or planning consents”
.
In Schedule 2, clause 13, replace “resource consent”
with “natural resource permit or planning consent”
in each place.
In Schedule 2, clause 14(2)(b), replace “resource consent”
with “natural resource permit or planning consent”
.
Maritime Transport Act 1994 (1994 No 104)
In section 4(2), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
Replace section 33I(4)(a) with:
(a)
the Natural Environment Act 2026; and
(aa)
the Planning Act 2026; and
Replace section 33M(2)(d)(ii) with:
(ii)
the Natural Environment Act 2026; or
(iia)
the Planning Act 2026; or
In section 110(1)(d), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
In section 225, definition of pollution incident, replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 227(1)(b), replace “section 15B of the Resource Management Act 1991”
with “section 26 of the Natural Environment Act 2026”
.
In section 227(6), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 232(1) and (1A), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 233(1)(a), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 235(1), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
Replace section 261(5)(a) with:
(a)
a natural resource permit granted under the Natural Environment Act 2026; or
Replace section 272(1)(e)(iii) and (iv) with:
(iii)
section 25, 26, or 27 of the Natural Environment Act 2026; or
(iv)
any regulations made under any of paragraphs (16) to (19) of section 321(1) of the Natural Environment Act 2026; or
Replace section 291(2)(c) with:
(c)
the natural environment plan applying to that region under the Natural Environment Act 2026, and any relevant national instruments prepared under that Act.
In section 397(2) and (7), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
in each place.
In section 463(2B)(b), replace “section 15B of the Resource Management Act 1991”
with “section 26 of the Natural Environment Act 2026”
.
In the heading to section 467, replace “Resource Management Act 1991”
with “Natural Environment Act 2026 and Planning Act 2026”
.
In section 467, replace “sections 9, 12, 13, 14, 15, 15A, 15B, and 15C of the Resource Management Act 1991”
with “sections 20 to 27 of the Natural Environment Act 2026 and section 21 of the Planning Act 2026”
.
Mauao Historic Reserve Vesting Act 2008 (2008 No 31)
Repeal section 11(1).
National Parks Act 1980 (1980 No 66)
In section 7(6), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
National War Memorial Park (Pukeahu) Empowering Act 2012 (2012 No 76)
Replace section 8(4) with:
(4)
The following provisions of the Planning Act 2026 do not apply in relation to the resource consents granted by this section:
(a)
section 181 (which provides for appeal rights):
(b)
sections 198 to 202 (which provide for the review of consent conditions):
(c)
section 203 (which relates to the power of the Environment Court to change or cancel a consent).
(4A)
The following provisions of the Natural Environment Act 2026 do not apply in relation to the resource consents granted by this section:
(a)
section 182 (which provides for appeal rights):
(b)
sections 200 to 204 (which provide for the review of permit conditions):
(c)
section 205 (which relates to the power of the Environment Court to change or cancel a permit).
In section 9(4), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
Replace section 9(5) with:
(5)
The following provisions of the Planning Act 2026 do not apply in relation to the designation provided by this section:
(a)
section 181 (which provides for appeal rights):
(b)
clause 4(1)(c) and (2) of Schedule 5 (which prohibits certain actions from being carried out to or on land that is subject to a designation without the consent of the designating authority), but only in respect of the construction, operation, and maintenance of the Park.
In section 38(1), replace “section 8(4)”
with “section 8(4) and (4A)”
.
In section 38(1), replace “Resource Management Act 1991”
with “Planning Act 2026 or the Natural Environment Act 2026”
.
In section 38(2), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
Natural Hazards Insurance Act 2023 (2023 No 1)
In section 44, replace “district plan”
with “land use plan”
in each place.
In section 44(6), repeal the definitions of district plan and district plan minimum area.
In section 44(6), insert in their appropriate alphabetical order:
land use plan means the land use plan (within the meaning of section 3 of the Planning Act 2026) for the district where the damaged residential land is situated
land use plan minimum area means the minimum area (in square metres) allowable under the land use 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 “Planning Act 2026”
.
In section 53, replace “Section 11 and Part 10 of the Resource Management Act 1991”
with “Section 23 and Schedule 7 of the Planning Act 2026”
.
New Zealand Railways Corporation Act 1981 (1981 No 119)
Replace section 3A with:
3A Relationship to Natural Environment Act 2026 and Planning Act 2026
The Corporation is not an instrument of the Executive Government of New Zealand for the purposes of the Natural Environment Act 2026 or the Planning Act 2026.
Replace section 31(9) with:
(9)
Nothing in this section derogates from the provisions of subpart 2 of Part 2 of the Natural Environment Act 2026 or subpart 2 of Part 2 of the Planning Act 2026.
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 23(1) of the Planning Act 2026”
.
In section 25A(1), replace “section 11 and Part 10 of the Resource Management Act 1991”
with “section 23 and Schedule 7 of the Planning Act 2026”
.
In section 25A(2)(b) and (6)(a), replace “Resource Management Act 1991”
with “Planning Act 2026”
in each place.
In section 25A(12), replace the definition of allotment with:
allotment has the meaning given in clause 3 of Schedule 7 of the Planning Act 2026
Ngāti Rangi Claims Settlement Act 2019 (2019 No 40)
In the heading above section 124(1), replace “Resource Management Act 1991, Natural Environment Act 2026,”
with “Natural Environment Act 2026”
.
In section 124(1), delete “regional policy statement, regional plan, district plan,”
.
In section 124(1)(b), delete “Schedule 1 of the Resource Management Act 1991 or”
.
In section 124(2), delete “regional policy statement, regional plan, district plan,”
.
In section 124(3), replace “resource consent, planning consent,”
with “planning consent”
.
In section 124(3), replace “the consent authority under the Resource Management Act 1991 or the Planning Act 2026,”
with “the consent authority under the Planning Act 2026”
.
Offshore Renewable Energy Act 2026 (2026 No 39)
In section 4, definition of consent authority, replace “section 2(1) of the Resource Management Act 1991”
with “section 3 of the Planning Act 2026”
.
In section 4, insert in their appropriate alphabetical order:
natural resource permit has the meaning given in section 3 of the Natural Environment Act 2026
natural resource permit authority means a permit authority as defined in section 3 of the Natural Environment Act 2026
planning consent has the meaning given in section 3 of the Planning Act 2026
In section 4, repeal the definition of resource consent.
In section 10(5), replace “Resource Management Act 1991”
with “Natural Environment Act 2026, the Planning Act 2026”
.
Replace the guidance note after section 11(1) with:
Guidance note
A person must have a feasibility permit before they can apply for—
a natural resource permit for ORE generation infrastructure activities (see section 142 of the Natural Environment Act 2026):
a planning consent for ORE generation infrastructure activities (see section 138 of the Planning Act 2026):
a marine consent for ORE generation infrastructure activities (see section 38A of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012):
a commercial permit (see section 25(a)).
In section 11(2), replace “resource consent”
with “natural resource permit, planning consent,”
.
In section 12(1), replace “resource consent”
with “natural resource permit, planning consent,”
.
In section 12, guidance note, replace “and section 88AB of the Resource Management Act 1991, which provide that consents”
with “, section 195(f) of the Natural Environment Act 2026, and section 196 of the Planning Act 2026, which provide that consents and permits”
.
In section 32(h), replace “or a resource consent”
with “, a natural resource permit, or a planning consent”
.
In section 34(3)(f), replace “resource consent”
with “natural resource permit, planning consent,”
.
In section 39, guidance note, replace “or resource consent under the Resource Management Act 1991”
with “, natural resource permit under the Natural Environment Act 2026, or planning consent under the Planning Act 2026”
.
In section 50(f), replace “resource consent”
with “natural resource permit, planning consent,”
.
In section 61(4)(b)(i), replace “or a resource consent”
with “, a natural resource permit, or a planning consent”
.
In section 62(c), replace “or resource consent”
with “, natural resource permit, or planning consent”
.
In section 68(5)(b), replace “or resource consent”
with “, natural resource permit, or planning consent”
.
In section 69, replace “or resource consent”
with “, natural resource permit, or planning consent”
.
In section 70(b), replace “consent authority”
with “natural resource permit authority”
.
In section 74(2), replace “Resource Management Act 1991”
with “Natural Environment Act 2026, the Planning Act 2026,”
.
In section 75(4), replace “or marine consent or resource consent”
with “marine consent, natural resource permit, or planning consent”
.
In section 78(1)(a), replace “Resource Management Act 1991”
with “Natural Environment Act 2026, the Planning Act 2026”
.
In section 78(3), replace “section 87(c) of the Resource Management Act 1991”
with “section 133(a) of the Natural Environment Act 2026”
.
After section 123(2)(m), insert:
(ma)
a natural resource permit authority:
In section 134(1), replace “Resource Management Act 1991”
with “Natural Environment Act 2026, the Planning Act 2026”
.
In section 151(1), replace “resource consent”
with “natural resource permit, planning consent,”
.
Overseas Investment Act 2005 (2005 No 82)
In section 61B(c)(vii), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In Schedule 1, Part 1, table 1, item 8, replace “land that a district plan or proposed district plan under the Resource Management Act 1991”
with “land that a land use plan or proposed land use plan under the Planning Act 2026”
.
In Schedule 1, Part 1, table 1, repeal item 9.
In Schedule 5, clause 21, replace “section 11 and Part 10 of the Resource Management Act 1991”
with “section 23 and Schedule 7 of the Planning Act 2026”
.
Property Law Act 2007 (2007 No 91)
In section 325(4), replace “Part 10 of the Resource Management Act 1991”
with “Schedule 7 of the Planning Act 2026”
.
In section 326, definition of reasonable access, replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
In section 330(3), replace “Part 10 of the Resource Management Act 1991”
with “Schedule 7 of the Planning Act 2026”
.
Repeal section 336(2).
In section 340(1), replace “section 11 or Part 10 of the Resource Management Act 1991”
with “section 23 or Schedule 7 of the Planning Act 2026”
.
In Schedule 2, Part 1, replace clause 4(b)(i) with:
(i)
the Natural Environment Act 2026, the Planning Act 2026, or any consent given, or any notice, order, or requirement made, under those Acts or under the rules of any natural environment plan or land use plan; and
In Schedule 2, Part 1, clause 14(2)(a), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
Prostitution Reform Act 2003 (2003 No 28)
Replace the cross-heading above section 15 with:
Planning consents
In the heading to section 15, replace “Resource”
with “Planning”
.
In section 15(1), replace “resource consent under the Resource Management Act 1991”
with “planning consent under the Planning Act 2026”
.
Replace section 15(2) with:
(2)
Having considered the matters in subsection (1)(a) and (b) as well as the matters it is required to consider under the Planning Act 2026, the territorial authority may, in accordance with section 174 of that Act, grant or refuse to grant a planning consent, or, in accordance with sections 177 and 178 of that Act, impose conditions on any planning consent granted.
In section 15(3),—
(a)
replace “Resource Management Act 1991”
with “Planning Act 2026”
; and
(b)
replace “district plan or proposed district plan”
with “land use plan or proposed land use plan”
.
Public Safety (Public Protection Orders) Act 2014 (2014 No 68)
In section 114(4), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
Public Works Act 1981 (1981 No 35)
In section 24(6A)(a), replace “section 39(1) of the Resource Management Act 1991, section 339 of the Planning Act 2026,”
with “section 339 of the Planning Act 2026”
.
In section 27(8), replace “Part 3 of the Resource Management Act 1991”
with “subpart 2 of Part 2 of the Natural Environment Act 2026 or subpart 2 of Part 2 of the Planning Act 2026”
.
In section 39AAH(1), in the subsection (1AA) that is to be read as if it were one of the subsections replacing section 23(1),—
(a)
in paragraph (a)(i), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 and the Planning Act 2026”
; and
(b)
in paragraph (a)(ii), replace “section 166(1) of the Resource Management Act 1991”
with “clause 3 of Schedule 5 of the Planning Act 2026”
; and
(c)
replace paragraph (a)(iii) with:
(iii)
a notice of a proposed designation for the project has been given under clause 13 of Schedule 5 of the Planning Act 2026:
In section 46(3), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 and the Planning Act 2026”
.
In section 52(5), replace “district plan”
with “land use plan”
.
In section 59, definition of notified, repeal paragraph (a).
In section 59, definition of notified, replace paragraph (b) with:
(b)
designated for a public work or a project or work, in an operative or a proposed land use plan under the Planning Act 2026; or
After section 71(1)(a), insert:
(aa)
the date on which a proposed designation was notified under clause 17 or 20(2) of Schedule 5 of the Planning Act 2026; or
In section 71(9), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
Replace section 111A(1)(ba) with:
(ba)
a core infrastructure operator within the meaning of clause 9 of Schedule 5 of the Planning Act 2026 that is a designating authority under that Act; or
In section 166(e) and (g), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 and the Planning Act 2026”
.
In section 166(f), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 190(3), replace “on him by the Harbours Act 1950 or by any other Act, but subject to the Resource Management Act 1991”
with “by any Act, but subject to the Natural Environment Act 2026 and the Planning Act 2026”
.
In section 191(9), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
In section 218(1), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
Replace section 224(20) with:
(20)
For the purposes of any agreement under this section, any party to the agreement that is a designating authority, in their or its own name or on behalf of all parties, may propose any designation under Schedule 5 of the Planning Act 2026, and make an application under any statutory provision for consent, authorisation, permission, a licence, a permit, a right, or any other type of approval.
Racing Industry Act 2020 (2020 No 28)
Replace section 32(12) and the heading above section 32(12) with:
Application of Planning Act 2026
(12)
Section 23 and Schedule 7 of the Planning Act 2026 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 Environment Act 2026 and the Planning Act 2026”
.
Rating Valuations Act 1998 (1998 No 69)
In section 2, repeal the definition of district plan.
Reserves Act 1977 (1977 No 66)
In section 14(2),—
(a)
replace “a district plan”
with “a land use plan”
; and
(b)
replace “district plan under the Resource Management Act 1991”
with “land use plan under Part 3 of the Planning Act 2026”
.
In section 15(2), replace “district plan under the Resource Management Act 1991”
with “land use plan under Part 3 of the Planning Act 2026”
.
Replace section 15AA(1) to (3) 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 with—
(i)
an application for a planning consent under section 134 of the Planning Act 2026; or
(ii)
an application for a natural resource permit under section 138 of the Natural Environment Act 2026; or
(iii)
a request for a change to a land use plan under clause 48 of Schedule 3 of the Planning Act 2026; or
(iv)
a request for a change to a natural environment plan under section 102(3) of the Natural Environment Act 2026; and
(b)
the recreation reserve land is vested in the administering body for the reserve; and
(c)
the administering body of the reserve is also the relevant local authority under the Natural Environment Act 2026 or the Planning Act 2026.
(2)
If an application is made under subsection (1)(a)(i), subsection (4) applies if—
(a)
the application to exchange the recreation reserve land has been—
(i)
processed in accordance with section 134 of the Planning Act 2026; and
(ii)
publicly notified under section 148 of the Planning Act 2026; and
(b)
the planning consent—
(i)
has been granted; but
(ii)
is subject to the granting of the application to exchange the recreation reserve land; and
(c)
the time allowed under the Planning Act 2026 for appeals against the decision to grant the planning consent has expired and any appeals have been determined.
(2A)
If an application is made under subsection (1)(a)(ii), subsection (4) applies if—
(a)
the application to exchange the recreation reserve land has been—
(i)
processed in accordance with section 138 of the Natural Environment Act 2026; and
(ii)
publicly notified under section 153 of the Natural Environment Act 2026; and
(b)
the natural resource permit—
(i)
has been granted; but
(ii)
is subject to the granting of the application to exchange the recreation reserve land; and
(c)
the time allowed under the Natural Environment Act 2026 for appeals against the decision to grant the planning consent has expired and any appeals have been determined.
(3)
If an application is made under subsection (1)(a)(iii), subsection (4) applies if—
(a)
the application to exchange the recreation reserve land has been processed in accordance with clause 49 of Schedule 3 of the Planning Act 2026; and
(b)
the plan change—
(i)
has been approved by the local authority; but
(ii)
is subject to the granting of the application to exchange the recreation reserve land; and
(c)
the time allowed under the Planning Act 2026 for appeals against the decision to change the plan has expired and any appeals have been determined.
(3A)
If an application is made under subsection (1)(a)(iv), subsection (4) applies if—
(a)
the application to exchange the recreation reserve land has been processed in accordance with clause 49 of Schedule 3 of the Planning Act 2026 (as applied by section 102 of the Natural Environment Act 2026); and
(b)
the plan change—
(i)
has been approved by the local authority; but
(ii)
is subject to the granting of the application to exchange the recreation reserve land; and
(c)
the time allowed under the Natural Environment Act 2026 for appeals against the decision to change the plan has expired and any appeals have been determined.
In section 15AA(5)(a), replace “RMA”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
Replace section 16(2A)(g) with:
(g)
created under Schedule 7 of the Planning Act 2026—
In section 16(5)(b), replace “district plan under the Resource Management Act 1991”
with “land use plan under the Planning Act 2026”
.
In section 23(2)(a), after “Part 10 of the Resource Management Act 1991”
, insert “or under Schedule 7 of the Planning Act 2026”
.
In section 24(7), replace “resource consent under the Resource Management Act 1991”
with “natural resource permit under the Natural Environment Act 2026 or planning consent under the Planning Act 2026”
.
Replace section 24A(3)(a) with:
(a)
the operative land use plan in force under the Planning Act 2026 for the region in which the reserve is situated:
In section 48(1), replace “and to the Resource Management Act 1991”
with “, the Planning Act 2026, and the Natural Environment Act 2026”
.
In section 53(1)(i), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
In section 53(1)(j), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 and the Planning Act 2026”
.
Replace section 54(2A)(b) with:
(b)
is made following the granting of a planning consent under the Planning Act 2026 where the application for the consent was notified in accordance with section 148(b) of that Act; or
(c)
is made following the granting of a natural resource permit under the Natural Environment Act 2026 where the application for the consent was notified in accordance with section 153(c) of that Act.
In section 55(1)(d) and (2)(f), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 and the Planning Act 2026”
.
Replace section 56(3)(b) with:
(b)
is made following the granting of any appropriate natural resource permits under the Natural Environment Act 2026 or planning consents under the Planning Act 2026.
Replace section 58A(3)(b) with:
(b)
is made following the granting of any appropriate natural resource permits under the Natural Environment Act 2026 or planning consents under the Planning Act 2026.
River Boards Act 1908 (1908 No 165)
In section 76(d) and (f), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 86(1), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
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 Planning Act 2026”
in each place.
In section 100(f), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In section 143(1)(b), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
Search and Surveillance Act 2012 (2012 No 24)
In Schedule 2, repeal the item relating to the Resource Management Act 1991.
In Schedule 2, insert in their appropriate alphabetical order:
| Natural Environment Act 2026 | 276(1) | 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 Natural Environment Act 2026 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) | |||
| Planning Act 2026 | 252(1) | 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 Planning Act 2026 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 “Planning Act 2026”
.
Sentencing Act 2002 (2002 No 9)
In section 4(4), replace “Resource Management Act 1991,”
with “Natural Environment Act 2026, the Planning Act 2026,”
.
Sharemilking Agreements Act 1937 (1937 No 37)
In the Schedule, clause 1, note, second sentence, after “consents”
, insert “or permits”
.
In the Schedule, note above clause 67,—
(a)
replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
; and
(b)
replace “resource consents”
with “natural resource permits”
.
In the Schedule, clause 68(a), replace “resource consent”
with “natural resource permit”
.
Soil Conservation and Rivers Control Act 1941 (1941 No 12)
Replace section 10A with:
10A Relationship to Natural Environment Act 2026
Despite section 10, nothing in this Act derogates from the provisions of sections 176 to 182 of the Harbours Act 1950 or the Natural Environment Act 2026.
State-Owned Enterprises Act 1986 (1986 No 124)
In section 23(1)(ba), replace “district plans under the Resource Management Act 1991”
with “land use plans under the Planning Act 2026”
.
In section 27D(5), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In section 29(1), definition of assets, paragraph (e), replace “Resource Management Act 1991”
with “Planning Act 2026 or permit granted under the Natural Environment Act 2026”
.
Summit Road (Canterbury) Protection Act 2001 (2001 No 3 (L))
In section 4(1), definition of subdivision, replace “section 218 of the Resource Management Act 1991”
with “clause 2 of Schedule 7 of the Planning Act 2026”
.
Replace section 8(1) with:
(1)
In relation to the protected land, the Authority is deemed to be a nearby local authority under clauses 5 and 15(3) of Schedule 3 of the Planning Act 2026.
In section 8(2),—
(a)
replace “Resource Management Act 1991”
with “Natural Environment Act 2026 and the Planning Act 2026”
; and
(b)
replace “policy statement or plan referred to in that Act”
with “plan referred to in those Acts”
.
In section 12(2)(b), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
Replace section 15 with:
15 Joint hearings with consent authorities under Natural Environment Act 2026 or Planning Act 2026
Any hearing under section 14 relating to a proposal in respect of which a planning consent is also sought under the Planning Act 2026 or a natural resource permit is sought under the Natural Environment Act 2026 may be held jointly with a hearing held by 1 or more consent authorities under those Acts to consider the application for the consent or permit.
Replace section 24(2)(b) with:
(b)
state any matters that regulations made under the Planning Act 2026 require to be stated in the case of an appeal under section 181 of that Act; and
Replace section 27 with:
27 Service of notices
A notice must be served in accordance with section 340 of the Planning Act 2026 as if it were a notice under that Act.
In section 29(1)(a),—
(a)
replace “section 314 of the Resource Management Act 1991”
with “section 259 of the Planning Act 2026”
; and
(b)
replace “section 322 of the Resource Management Act 1991”
with “section 268 of that Act”
.
In section 29(2), replace “section 315 of the Resource Management Act 1991”
with “section 260 of the Planning Act 2026”
.
In section 29(3),—
(a)
replace “under section 314 of the Resource Management Act 1991”
with “under section 259 of the Planning Act 2026”
; and
(b)
replace “likely to contravene, the Resource Management Act 1991”
with “likely to contravene, that Act”
.
Tax Administration Act 1994 (1994 No 166)
In section 91AAN(4)(d), replace “resource consent”
with “natural resource permit or planning consent”
.
Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 (2017 No 7)
Repeal section 37(2)(c).
In Schedule 2, repeal clause 1(s).
In Schedule 2, repeal clause 2(c).
Telecommunications Act 2001 (2001 No 103)
In section 3(2), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
In the cross-heading above section 69XI, replace “Resource Management Act 1991”
with “Planning Act 2026”
.
Replace the heading to section 69XI with “Designating authority status under Planning Act 2026”
.
In section 69XI(1), replace “requiring authority, as a network utility operator, under the Resource Management Act 1991”
with “designating authority, as a core infrastructure operator, under the Planning Act 2026”
.
Replace section 69XI(2) with:
(2)
Schedule 5 of the Planning Act 2026 applies with necessary modifications as if the approval had been given under clause 10 of Schedule 5 of that Act.
In section 69XJ(3), replace “section 177 of the Resource Management Act 1991”
with “clause 6 of Schedule 5 of the Planning Act 2026”
.
In section 69XJ(4),—
(a)
replace “Part 8 of the Resource Management Act 1991”
with “Schedule 5 of the Planning Act 2026”
; and
(b)
replace “that Part”
with “that schedule”
.
In section 117(2), replace “district plan or regional plan under the Resource Management Act 1991”
with “natural environment plan under the Natural Environment Act 2026 or land use plan under the Planning Act 2026”
.
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 3 of the Planning Act 2026”
.
In the heading to section 301, replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In section 301(2), replace “the Resource Management Act 1991”
with “Schedule 7 of the Planning Act 2026”
.
In section 301(3)(a), replace “section 218 of the Resource Management Act 1991”
with “clause 2 of Schedule 7 of the Planning Act 2026”
.
In section 301(3)(b), replace “sections 120 and 121 of the Resource Management Act 1991”
with “sections 181 and 182 of the Planning Act 2026”
.
In section 301(4), replace “section 230(3) to (5) of the Resource Management Act 1991”
with “clause 38 of Schedule 7 of the Planning Act 2026”
.
In section 302(1) and (2), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In section 302(2)(b), replace “Part 10 of the Resource Management Act 1991”
with “Schedule 7 of the Planning Act 2026”
.
In section 303(1), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In section 303(2)(a), replace “Part 10 of the Resource Management Act 1991”
with “Schedule 7 of the Planning Act 2026”
.
In section 303(2)(b), replace “sections 229 to 237H of the Resource Management Act 1991”
with “subpart 1 of Part 3 of Schedule 7 of the Planning Act 2026”
.
In section 303(3), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In section 304(3)(b), replace “sections 229 to 237H of the Resource Management Act 1991”
with “subpart 1 of Part 3 of Schedule 7 of the Planning Act 2026”
.
In section 304(4), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In section 326D(5), replace “Part 10 of the Resource Management Act 1991”
with “Schedule 7 of the Planning Act 2026”
.
Unit Titles Act 2010 (2010 No 22)
In the heading to section 13, replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In section 13(1), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In section 13(2), replace “section 11 or Part 10 of the Resource Management Act 1991”
with “section 23 or Schedule 7 of the Planning Act 2026”
.
In section 26,—
(a)
replace “district plan”
with “land use plan”
; and
(b)
replace “section 223 of the Resource Management Act 1991”
with “clauses 17 and 18 of Schedule 7 of the Planning Act 2026”
.
In the heading to section 28, replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In section 28(1), replace “section 11 or Part 10 of the Resource Management Act 1991”
with “section 23 or Schedule 7 of the Planning Act 2026”
.
In section 28(1)(a) and (2), replace “section 224(c)”
with “clause 18 of Schedule 7”
in each place.
In section 28(1)(b), replace “section 224(e)”
with “clause 22(2) of Schedule 7”
.
In section 28(2), replace “Section 11 and Part 10 of the Resource Management Act 1991”
with “Section 23 or Schedule 7 of the Planning Act 2026”
.
In section 28(3) and (4), replace “section 224(c) of the Resource Management Act 1991”
with “clause 18 of Schedule 7 of the Planning Act 2026”
.
In the heading to section 29, replace “section 224(c) of Resource Management Act 1991”
with “clause 18 of Schedule 7 of Planning Act 2026”
.
In section 29(1) and (2), replace “section 224(c) of the Resource Management Act 1991”
with “clause 18 of Schedule 7 of the Planning Act 2026”
.
In section 29(1)(b)(ii), replace “section 224(c)(i), (ii), and (iii) of the Resource Management Act 1991”
with “clause 23(4)(a)(i), (ii), and (iii) of Schedule 7 of the Planning Act 2026”
.
In section 35(b) and (c), replace “district plan”
with “land use plan”
.
In section 36(3), replace “district plan or the requirements of the Resource Management Act 1991”
with “land use plan or the requirements of the Planning Act 2026”
.
Urban Development Act 2020 (2020 No 42)
Replace section 5(1)(b) with:
(b)
have regard to the goals set out in section 13 of the Natural Environment Act 2026; and
(c)
have regard to the goals set out in section 13 of the Planning Act 2026.
Repeal section 5(2).
Replace section 7(2)(a) with:
(a)
consenting and designations under the Planning Act 2026 (see subpart 2 of Part 3):
In section 9, repeal the following definitions:
(a)
amenity values:
(b)
combined planning instrument:
(c)
district plan:
(d)
limited notification:
(e)
network utility operator:
(f)
public notice:
(g)
regional plan:
(h)
regional policy statement:
(i)
requiring authority:
(j)
resource consent.
In section 9, insert in its appropriate alphabetical order:
targeted notification,—
(a)
in relation to an application for a natural resource permit, is the form of notification described in section 154(3) and (6) of the Natural Environment Act 2026; and
(b)
in relation to an application for a planning consent, is the form of notification described in section 149(3) and (6) of the Planning Act 2026
In section 9, replace the definition of dwelling house with:
dwelling house—
(a)
means 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
In section 9, replace the definition of planning instrument with:
planning instrument means a natural environment plan under the Natural Environment Act 2026 or a regional spatial plan or land use plan under the Planning Act 2026
In section 9, definition of coastal marine area, replace “same meaning as in section 2(1) of the Resource Management Act 1991”
with “meaning given in section 3 of the Natural Environment Act 2026”
.
In section 9, definition of designation, replace paragraph (a) with:
(a)
has the meaning given in section 3 of the Planning Act 2026; and
In section 9, definition of development contribution, replace paragraph (a) with:
(a)
includes a specified reserve or esplanade reserve (other than in relation to a subdivision consent within the meaning given in section 130(b) of the Planning Act 2026); and
In section 9, definition of historic heritage, replace “same meaning as in section 2(1) of the Resource Management Act 1991”
with “meaning given in section 3 of the Planning Act 2026”
.
In section 9, definition of infrastructure, replace “same meaning as in section 2(1) of the Resource Management Act 1991”
with “meaning given in section 3 of the Planning Act 2026”
.
In section 9, definition of infrastructure operator, replace “network utility operator”
with “core infrastructure operator”
.
In section 9, definition of iwi authority, replace “same meaning as in section 2(1) of the Resource Management Act 1991”
with “meaning given in section 3 of the Planning Act 2026”
.
In section 9, definition of iwi participation legislation, replace “same meaning as in section 58L of the Resource Management Act 1991”
with “meaning given in section 3 of the Planning Act 2026”
.
In section 9, definition of iwi planning document, replace paragraph (a) with:
(a)
the Natural Environment Act 2026; or
(aa)
the Planning Act 2026; or
In section 9, definition of land, replace “same meaning as in section 2(1) of the Resource Management Act 1991”
with “meaning given in section 3 of the Planning Act 2026”
.
In section 9, definition of nationally significant infrastructure, paragraph (g), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In section 9, definition of participation arrangement, replace “Resource Management Act 1991”
with “Natural Environment Act 2026, the Planning Act 2026,”
.
In section 9, definition of participation arrangement, paragraph (c), replace “resource consent”
with “permit or consent”
.
In section 9, definition of working day, replace “same meaning as in section 2(1) of the Resource Management Act 1991”
with “meaning given in section 3 of the Planning Act 2026”
.
In section 14(1)(b), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 and the Planning Act 2026”
.
In section 17(5), definition of mana whenua, replace “same meaning as in section 2(1) of the Resource Management Act 1991”
with “meaning given in section 3 of the Planning Act 2026”
.
Replace section 28(b)(ii) with:
(ii)
existing national instruments under the Natural Environment Act 2026; and
(iii)
existing national instruments under the Planning Act 2026; and
In section 33(4)(f), replace “the requiring authorities of any land or airspace designated for defence purposes under the Resource Management Act 1991,”
with “the designating authorities of any land or airspace designated for defence purposes under the Planning Act 2026,”
.
Replace section 48(1)(b)(ii) and (iii) with:
(ii)
natural resource permit and planning consent applications in the project area:
(iii)
changes or cancellations of conditions of natural resource permits and planning consents in the project area:
Replace section 48(1)(c) with:
(c)
a permit authority may transfer its permitting functions in the project area to Kāinga Ora as if Kāinga Ora were a public authority under section 236 of the Natural Environment Act 2026:
(ca)
a consent authority may transfer its consenting functions in the project area to Kāinga Ora as if Kāinga Ora were a public authority under section 226 of the Planning Act 2026:
In section 51(1)(b), replace “resource consent”
with “planning consent applications, natural resource permit”
.
In section 51(2), replace “accredited (within the meaning of section 2(1) of the Resource Management Act 1991)”
with “accredited in accordance with any regulations made under the Planning Act 2026 or the Natural Environment Act 2026”
.
Repeal section 58(a).
After section 58(b), insert:
(c)
the following instruments made under the Natural Environment Act 2026 or the Planning Act 2026:
(i)
a national policy direction:
(ii)
national standards.
In section 60(5)(b), after “management”
, insert “, natural resource, land use, or planning”
.
In section 63(5)(a), replace “district plan”
with “land use plan”
.
Replace section 64(1) and (2) with:
(1)
A development plan may incorporate material by reference,—
(a)
applying the provisions of the Natural Environment Act 2026 with all necessary modifications, as if—
(i)
a reference to a natural environment plan included a development plan:
(ii)
a reference to a regional council were a reference to Kāinga Ora:
(iii)
a reference to the Minister were a reference to the responsible Minister under this Act:
(b)
applying the provisions of the Planning Act 2026 with all necessary modifications, as if—
(i)
a reference to a spatial plan or land use plan included a development plan:
(ii)
a reference to a territorial authority or regional council were a reference to Kāinga Ora:
(iii)
a reference to the Minister were a reference to the responsible Minister under this Act.
(2)
Any objectives, policies, methods, or rules of a development plan that override, add to, or suspend any provisions of a natural environment plan made under the Natural Environment Act 2026 must—
(a)
not go beyond the scope provided for natural environment plans made under the Natural Environment Act 2026; and
(b)
provide for classes of activities to be specified that are consistent with those set out in sections 34 to 39 of the Natural Environment Act 2026; 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.
(2A)
Any objectives, policies, methods, or rules of a development plan that override, add to, or suspend any provisions of a spatial plan or land use plan made under the Planning Act 2026 must—
(a)
not go beyond the scope provided for spatial plans or land use plans made under the Planning Act 2026; and
(b)
provide for classes of activities to be specified that are consistent with those set out in sections 37 to 42 of the Planning Act 2026; 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.
In section 65, replace “requiring authority”
with “designating authority”
in each place.
In section 66, replace “requiring authority”
with “designating authority”
in each place.
In section 66(7), replace “network utility operation”
with “core infrastructure operation”
.
In section 66(9), replace “requiring authority’s”
with “designating authority’s”
.
In section 67(1), replace “requirement for a designation”
with “proposed designation”
.
Replace section 68(1)(b)(i) with:
(i)
any relevant regional spatial plans and land use plans made under the Planning Act 2026 and natural environment plans made under the Natural Environment Act 2026:
In section 68(1)(b)(vi), replace “resource management”
with “resource management, natural resource, land use, or planning”
.
Replace section 72(8) with:
(8)
If the draft development plan provides for the revocation or cancellation of a conservation interest in land that is not owned by Kāinga Ora, Kāinga Ora must obtain the land owner’s agreement to the revocation or cancellation, subject to any conditions that the Minister of Conservation may impose on the use of the land.
Replace section 72(9) with:
(9)
Subsection (9A) applies if a specified development project is within, or includes any part of, the coastal marine area, a specified reserve, or land subject to any conservation interest.
(9A)
Before the draft development plan is publicly notified, Kāinga Ora must obtain the approval of the Minister of Conservation for any conditions applying to a proposal—
(a)
to set apart, classify, or vest an existing specified reserve or a proposed reserve:
(b)
that relates to a covenant over land.
In section 72(10)(f), replace “section 229 of the Resource Management Act 1991”
with “clause 37 of Schedule 7 of the Planning Act 2026”
.
In section 75(1)(c)(i), replace “section 72(9)(a)”
with “section 72(8) or (9A)”
.
In section 75(1)(c)(ii), replace “or (9)”
with “or (9A)”
.
Repeal section 83(4).
In section 83(7)(a)(i), replace “notice of requirement”
with “proposed designation”
.
In section 83(7)(a)(ii), replace “notices of requirement”
with “proposed designations”
.
In section 85(2), replace “notice of requirement”
with “proposed designation”
.
In section 86(a), replace “resource consent applications to the”
with “planning consent applications to the relevant”
.
In section 86(b), replace “district plan”
with “land use plan”
.
In section 86(c), replace “notices of requirement lodged by requiring authorities”
with “proposed designations lodged by designating authorities”
.
In section 87(2), replace “district plan”
with “land use plan”
.
In section 93(2), replace “Part 2 of Schedule 1 of the Resource Management Act 1991”
with “Part 2 of Schedule 3 of the Planning Act 2026, and section 102(2) of the Natural Environment Act 2026, which applies that Part,”
.
In section 95(b), replace “Resource Management Act 1991”
with “Natural Environment Act 2026”
.
In section 96(1), replace “Schedule 1 of the Resource Management Act 1991”
with “Schedule 3 of the Planning Act 2026 or section 102 of the Natural Environment Act 2026, which applies that schedule”
.
Replace section 97(1) with:
(1)
In the transitional period for a specified development project, a local authority may transfer to Kāinga Ora any 1 or more of the local authority’s functions, powers, or duties as—
(a)
a permit authority under the Natural Environment Act 2026 for natural resource permit applications in the project area:
(b)
a consent authority under the Planning Act 2026 for planning consent applications in the project area.
In section 97(2), replace “Section 33 of the Resource Management Act 1991”
with “Section 236 of the Natural Environment Act 2026 or section 226 of the Planning Act 2026”
.
In section 97(4),—
(a)
replace “resource consent”
with “natural resource permit or planning consent”
; and
(b)
after “local authority is the”
, insert “permit authority or the”
.
Replace the cross-heading above section 98 with:
Land use or natural environment plan changes in transitional period
In section 98(1), replace “land use plan, natural environment plan, district plan, or regional plan”
with “land use plan or natural environment plan”
.
In section 98(2), delete “resource management,”
.
In section 99(1), replace “change to a district or regional plan”
with “plan change to a land use plan or natural environment plan”
.
Replace section 99(2) with:
(2)
The relevant local authority must notify Kāinga Ora of that fact, in writing, at least 20 working days before the operative date under clause 44 of Schedule 3 of the Planning Act 2026 (including as that clause is applied for the purposes of the Natural Environment Act 2026 by section 102 of that Act).
In section 100(1), replace “clause 17, 18, or 83(1) of Schedule 1 of the Resource Management Act 1991”
with “clause 44 of Schedule 3 of the Planning Act 2026 (including as that clause is applied for the purposes of the Natural Environment Act 2026 by section 102 of that Act)”
.
In section 100(7), replace “or the Resource Management Act 1991”
with “, the Natural Environment Act 2026, or the Planning Act 2026”
.
In section 101(1)(c), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
Replace the cross-heading above section 102 with:
Decisions on natural resource permits and planning consents in transitional period
In section 102(1)(a) and (b), replace “resource consent”
with “natural resource permit or planning consent”
.
In section 102(4), replace “consent authority under the Resource Management Act 1991”
with “permit authority under the Natural Environment Act 2026 or consent authority under the Planning Act 2026”
.
In the heading to section 103, after “What”
, insert “permit authority or”
.
In section 103(1), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
In section 103(2), (3), and (4), replace “consent authority”
with “permit authority or consent authority”
in each place.
In section 103(2), replace “resource consent”
with “natural resource permit or planning consent”
in each place.
In section 103(2)(a), replace “consent authority’s”
with “permit authority’s or consent authority’s”
.
In section 103(3), replace “grant the consent”
with “grant the permit or consent”
.
In section 103(5), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
In section 104(1), replace “consent authority”
with “permit authority or consent authority”
in each place.
In section 104(1)(a), replace “resource consent”
with “natural resource permit or planning consent”
in each place.
Replace section 104(3) with:
(3)
When exercising a power under subsection (1) in relation to a planning consent, sections 162 to 179 of the Planning Act 2026 apply to Kāinga Ora as if it were the consent authority.
(4)
When exercising a power under subsection (1) in relation to a natural resource permit, sections 162 to 179 of the Natural Environment Act 2026 apply to Kāinga Ora as if it were the permit authority.
In section 105(1), replace “consent holder”
with “permit holder or consent holder”
.
Replace section 105(3) with:
(3)
An objection must be made by notice in writing no later than 15 working days after the decision is notified to the applicant or the permit holder or consent holder, or within any longer time allowed by Kāinga Ora.
(4)
A notice of objection must set out the reasons for the objection.
(5)
The hearings commissioner may—
(a)
require the person who made the objection, or Kāinga Ora, to provide further information:
(b)
commission a report on any matter raised in the objection.
(6)
However, the hearings commissioner must not require further information or commission a report unless they consider that the information or report will assist them in making a decision on the objection.
(7)
The hearings commissioner may—
(a)
dismiss the objection; or
(b)
uphold the objection in whole or in part.
(8)
Kāinga Ora must, within 15 working days after the hearings commissioner makes their decision on the objection, give the person who made the objection, and any other person whom Kāinga Ora considers appropriate, notice in writing of the decision and the reasons for it.
After section 105, insert:
105A Appeal against decision on objection
(1)
A person who has made an objection under section 105 may appeal to the Environment Court against a decision on the objection.
(2)
A notice of an appeal under this section must—
(a)
be in the form prescribed by the chief executive of the Ministry; and
(b)
state the reasons for the appeal; and
(c)
be lodged with the Environment Court within 15 working days after the person was notified of the decision under section 105(8) or within such further time as the Environment Court allows.
(3)
A person lodging an appeal under this section must ensure that a copy of the notice of the appeal is served on Kāinga Ora at the same time as the notice is lodged with the Environment Court.
(4)
This section does not apply to any person who has already exercised a right of appeal in respect of the same matter under section 106.
Repeal section 108(1)(a).
In Part 3, replace the subpart 2 heading with:
Subpart 2—Natural resource permitting, planning consenting, and designations for specified development project
In the heading to section 109, replace “resource consent”
with “natural resource permit and planning consent”
.
In section 109(1)(a), replace “Resource Management Act 1991 for all resource consent applications”
with “Planning Act 2026 for all planning consent applications”
.
Repeal section 109(1)(b)(i).
In section 109(1)(b), replace “.”
with “; and”
.
After section 109(1)(b), insert:
(c)
is not the permit authority under the Natural Environment Act 2026.
In section 109(2)(a), replace “resource consents”
with “planning consents”
.
In section 109(2)(b) and (c), replace “district plan”
with “land use plan”
.
In section 109(2)(c), replace “resource consent”
with “planning consent”
.
In section 109(3), replace “section 38 of the Resource Management Act 1991”
with “section 275 of the Planning Act 2026”
.
In section 109(4),—
(a)
replace “resource consent”
with “planning consent”
; and
(b)
replace “sections 332, 334, and 335 of the Resource Management Act 1991”
with “sections 289, 291, and 292 of the Planning Act 2026”
.
In section 110, replace “Part 10 of the Resource Management Act 1991”
with “Schedule 7 of the Planning Act 2026”
in each place.
Replace the cross-heading above section 113 with:
Basis of decision-making in relation to natural resource permit and planning consent applications under this Part
In the heading to section 113, replace “Resource consents:”
with “Natural resource permits and planning consents:”
.
In section 113(1), replace “resource consent”
with “natural resource permit or planning consent”
.
In section 113(1)(b), replace “sections 104 to 107 of the Resource Management Act 1991”
with “subpart 4 of Part 4 of the Planning Act 2026 and subpart 4 of Part 4 of the Natural Environment Act 2026”
.
Replace section 113(2) with:
(2)
The modification referred to in subsection (1)(b) is that a reference to a land use plan or natural environment plan is to be read as a reference to a plan as overridden by, added to, or suspended by a development plan.
In section 113(3), replace “resource consent”
with “planning consent or natural resource permit”
in each place.
In section 113(3)(a), replace “district plan”
with “land use plan or natural environment plan”
.
In section 113(4), replace “district plan”
with “land use plan”
.
Replace the cross-heading above section 114 with:
Application of provisions of Natural Environment Act 2026 and Planning Act 2026
In the heading to section 114, replace “Resource consents”
with “Natural resource permits and planning consents”
.
In section 114(1), replace “sections 9 to 15 of the Resource Management Act 1991”
with “sections 20 to 24 of the Natural Environment Act 2026 and sections 21, 23, and 26 of the Planning Act 2026”
.
Replace section 114(2) with:
(2)
Sections 32 to 43, 133, and 213 of the Natural Environment Act 2026 and sections 35 to 46, 130, and 207 of the Planning Act 2026 apply, to the extent that they are relevant, to a specified development project, modified as follows:
(a)
a reference to a land use plan or natural environment plan is to be read as a reference to a plan as overridden by, added to, or suspended by a development plan; and
(b)
a reference to a consent authority or a permit authority includes a reference to Kāinga Ora.
Repeal section 114(3).
Replace the cross-heading above section 115 with:
Natural resource permit and planning consent processes
In the heading to section 115, replace “resource consents”
with “natural resource permits and planning consents”
.
In section 115(1), replace “consent authority for a resource consent”
with “permit authority for a natural resource permit or to the consent authority for a planning consent”
.
Replace section 115(2) with:
(2)
An application for a planning consent must be made in the manner prescribed under section 132 of the Planning Act 2026 (with the necessary modifications) and must include—
(a)
information relating to the activity, including information specified by the development plan; and
(b)
an assessment of effects that complies, to the extent that is relevant, with Schedule 6 of that Act.
(2A)
An application for a natural resource permit must be made in the manner prescribed under section 136 of the Natural Environment Act 2026 (with the necessary modifications) and must include—
(a)
information relating to the activity, including information specified by the development plan; and
(b)
an assessment of effects that complies, to the extent that is relevant, with Schedule 2 of that Act.
In section 115(3)(a), replace “environmental effects (see subsection (2)(b))”
with “effects (see subsections (2)(b) and (2A)(b))”
.
In section 115(4), replace “consent authority”
with “permit authority or consent authority”
.
Repeal section 115(6).
In section 116(1), replace “consent authority”
with “permit authority or consent authority”
.
Replace section 116(2) with:
(2)
Sections 133, 135, 136, 141, and 142 of the Planning Act 2026 apply to the processing of any planning consent applications in a project area.
Replace section 116(3) with:
(3)
Section 140 of the Planning Act 2026 applies, modified by reading the reference to other consents under the Planning Act 2026 as a reference to other consents under a development plan or under the Planning Act 2026 (see section 140(1)(a) of that Act).
(4)
Sections 137, 139, 146, and 147 of the Natural Environment Act 2026 apply to the processing of any natural resource permit applications in a project area.
(5)
Section 145 of the Natural Environment Act 2026 applies, modified by reading the reference to other permits under the Natural Environment Act 2026 as a reference to other permits under a development plan or under the Natural Environment Act 2026 (see section 145(1)(a) of that Act).
In section 117, replace “Sections 91A to 91F of the Resource Management Act 1991”
with “Regulations made under section 324 of the Planning Act 2026”
.
In section 118(1), replace “section 92 of the Resource Management Act 1991”
with “sections 143 and 144 of the Planning Act 2026”
.
In section 118(2), replace “Sections 92A and 92B of the Resource Management Act 1991 apply”
with “Section 145 of the Planning Act 2026 applies”
.
After section 118(2), insert:
(3)
A permit authority may at any time, in accordance with sections 148 and 149 of the Natural Environment Act 2026, request further information before hearing an application under this subpart.
(4)
Section 150 of the Natural Environment Act 2026 applies if a request is made under subsection (3).
In section 119(1), replace “consent authority”
with “permit authority or consent authority”
in each place.
In section 119(1), replace “resource consents”
with “natural resource permits or planning consents”
.
Replace section 119(3) with:
(3)
For applications for a natural resource permit other than those required to be notified by rules in a development plan or natural environment plan, the permit authority must determine whether to notify the application, applying sections 152 to 158 of the Natural Environment Act 2026, modified by reading—
(a)
a reference to a natural environment plan as including a reference to a development plan; and
(b)
a reference to a rule as including a reference to a rule in a development plan; and
(c)
the time limits required under subsection (4) instead of those provided for in section 152 of the Natural Environment Act 2026.
(3A)
For applications for a planning consent other than those required to be notified by rules in a development plan or land use plan, the consent authority must determine whether to notify the application, applying sections 147 to 153 of the Planning Act 2026, modified by reading—
(a)
a reference to a land use plan as including a reference to a development plan; and
(b)
a reference to a rule as including a reference to a rule in a development plan; and
(c)
the time limits required under subsection (4) instead of those provided for in section 147 of the Planning Act 2026.
In section 119(4)(a), delete “controlled and”
.
Repeal section 119(5).
In section 119(6), replace “district or regional plan under the Resource Management Act 1991”
with “natural environment plan under the Natural Environment Act 2026 or land use plan under the Planning Act 2026”
.
In section 120(1) and (2), replace “consent authority”
with “permit authority or consent authority”
.
In section 120(1), replace “resource consent”
with “natural resource permit or planning consent”
.
In section 120(1)(a), delete “controlled or”
.
Replace section 120(3) with:
(3)
This section applies instead of any time limits set in regulations made under—
(a)
the Planning Act 2026; or
(b)
the Natural Environment Act 2026.
Replace section 121(1) with:
(1)
If an application for a natural resource permit is given public or targeted notification, sections 159 and 160 of the Natural Environment Act 2026 apply, with the necessary modifications, as to—
(a)
who may make a submission:
(b)
service of submissions:
(c)
time limits for serving submissions.
(1A)
If an application for a planning consent is given public or targeted notification, sections 154 to 159 of the Planning Act 2026 apply, with the necessary modifications, as to—
(a)
who may make a submission:
(b)
service of submissions:
(c)
time limits for serving submissions.
In section 121(2), replace “consent authority”
with “permit authority or consent authority”
.
Repeal section 121(3).
In section 122(1) and (4), replace “consent authority”
with “permit authority or consent authority”
.
In section 122(5),—
(a)
replace “resource consents”
with “planning consents”
; and
(b)
delete “controlled or”
; and
(c)
replace “district plan”
with “land use plan”
.
In section 122(6), replace “section 41D of the Resource Management Act 1991”
with “section 159(4) of the Natural Environment Act 2026 and section 156 of the Planning Act 2026”
.
Replace section 123 with:
123 Hearings
Section 160 of the Natural Environment Act 2026 and sections 157 to 159 of the Planning Act 2026 apply to the conduct of a hearing by a consent authority or permit authority.
In the heading to section 124, after “consent”
, insert “or permit”
.
In section 124, replace “resource consent”
with “resource consent, natural resource permit, or planning consent”
.
In section 124(b), replace “regional or district plan”
with “natural environment plan or land use plan”
.
Replace the cross-heading above section 125 with:
Conditions of natural resource permits and planning consents
Replace section 125 with:
125 Conditions and other obligations
(1)
Sections 171 and 175 to 179 of the Planning Act 2026 apply to planning consents granted under this subpart.
(2)
Sections 171 and 175 to 179 of the Natural Environment Act 2026 apply to natural resource permits granted under this subpart.
Replace section 126 with:
126 Form and service of decision
(1)
Section 180 of the Planning Act 2026 applies to decisions made on planning consent applications under this subpart.
(2)
Section 180 of the Natural Environment Act 2026 applies to decisions made on natural resource permits granted under this subpart.
(3)
Kāinga Ora must serve a copy of its decision on the relevant local authority.
In the cross-heading above section 127, replace “resource consents”
with “planning consents or natural resource permits”
.
Replace section 127 with:
127 Commencement of planning consents and natural resource permits
(1)
Sections 185 to 189 of the Planning Act 2026 apply, as far as relevant, to planning consents granted under this subpart, including an application subject to the grant of an application to exchange reserve land under the Reserves Act 1977.
(2)
Sections 186 to 188 of the Natural Environment Act 2026 apply, as far as relevant, to natural resource permits granted under this subpart.
Replace section 128 with:
128 Rights of objection under this Act
(1)
An objection to a decision of Kāinga Ora under section 134(5) must be heard by a hearings commissioner.
(2)
An objection to a decision of the IHP under clauses 13 and 19 of Schedule 3 must be heard by the IHP.
(3)
An objection must be made by notice in writing no later than 15 working days after the decision is notified to the local authority, designating authority, or submitter (as applicable), or within any longer time allowed by Kāinga Ora.
(4)
A notice of objection must set out the reasons for the objection.
(5)
When hearing an objection under section 134(5), the hearings commissioner may—
(a)
require the person who made the objection, or Kāinga Ora, to provide further information:
(b)
commission a report on any matter raised in the objection.
(6)
However, the hearings commissioner must not require further information or commission a report unless they consider that the information or report will assist them in making a decision on the objection.
(7)
The hearings commissioner, in relation to an objection under section 134(5), and the IHP, in relation to an objection under clauses 13 and 19 of Schedule 3, may—
(a)
dismiss the objection; or
(b)
uphold the objection in whole or in part.
(8)
The hearings commissioner or the IHP (as applicable) must, within 15 working days after making its decision on the objection, give to the objector, and to every person whom the hearings commissioner or the IHP (as applicable) considers appropriate, notice in writing of its decision on the objection and the reasons for it.
128A Appeal against decision on objection
(1)
A person who has made an objection under section 128 may appeal to the Environment Court against a decision on the objection.
(2)
A notice of an appeal under this section must—
(a)
be in the form prescribed by the chief executive of the Ministry; and
(b)
state the reasons for the appeal; and
(c)
be lodged with the Environment Court within 15 working days after the person was notified of the decision under section 128(8) or within such further time as the Environment Court allows.
(3)
A person lodging an appeal under this section must ensure that a copy of the notice of the appeal is served on Kāinga Ora, and the IHP if the objection relates to clause 13 or 19 of Schedule 3, at the same time that the notice is lodged with the Environment Court.
(4)
This section does not apply to any person who has already exercised a right of appeal in respect of the same matter under section 129.
In the heading to section 129, replace “resource consents”
with “planning consents and natural resource permits”
.
In section 129(1), replace “consent authority”
with “consent authority or permit authority”
.
In section 129(1)(a), replace “consent holder”
with “consent or permit holder”
.
Repeal section 129(1)(c).
In section 129(2), replace “resource consent”
with “planning consent or natural resource permit”
.
In section 129(3), replace “section 120 of the Resource Management Act 1991”
with “section 181 of the Planning Act 2026 or section 182 of the Natural Environment Act 2026 (as applicable)”
.
Replace section 129(4) with:
(4)
Section 182 of the Planning Act 2026 applies to an appeal under this section, except that the reference in section 182(1)(c) of that Act to the consent authority must be read as including Kāinga Ora if Kāinga Ora is not the consent authority.
(4A)
Section 183 of the Natural Environment Act 2026 applies to an appeal under this section, except that the reference in section 183(1)(c) of that Act to the permit authority must be read as including Kāinga Ora if Kāinga Ora is not the permit authority.
In the heading to section 131, replace “requiring authority”
with “designating authority”
.
In section 131(1), replace “network utility operator and a requiring authority under section 167 of the Resource Management Act 1991”
with “core infrastructure operator and a designating authority under clause 10 of Schedule 5 of the Planning Act 2026”
.
In section 131(2) and (3), replace “requiring authority”
with “designating authority”
.
In the heading to section 132, replace “Notices of requirements for”
with “Proposed”
.
In section 132(1), replace “requiring authority”
with “designating authority”
.
Replace section 132(3) with:
(3)
Part 3 of Schedule 5 (but not clause 15 of Schedule 5) of the Planning Act 2026 applies with the necessary modifications.
In section 132(4), replace “sections 175, 176, 177, and 181 of the Resource Management Act 1991”
with “clauses 32, 37, and 47 of Schedule 5 of the Planning Act 2026”
.
In section 132(5),—
(a)
replace “Section 180 of the Resource Management Act 1991”
with “Clause 52 of Schedule 5 of the Planning Act 2026”
; and
(b)
delete “, as well as the Minister for the Environment”
.
In section 132(6), replace “Section 186 of the Resource Management Act 1991”
with “Clause 56 of Schedule 5 of the Planning Act 2026”
.
In the heading to section 133, replace “Part 8 of Resource Management Act 1991”
with “Schedule 5 of Planning Act 2026”
.
In section 133(1), (2), (5), and (6), replace “requiring authority”
with “designating authority”
.
In section 133(1), replace “section 176(1) of the Resource Management Act 1991”
with “clause 4(1), (2), and (3) of Schedule 5 of the Planning Act 2026”
.
In section 133(2), replace “section 176(1)(b) of the Resource Management Act 1991”
with “clause 4(1)(c) of Schedule 5 of the Planning Act 2026”
.
Replace section 133(3) with:
(3)
In applying clause 6 of Schedule 5 of the Planning Act 2026, a designation for which Kāinga Ora is the designating authority must be treated as the earliest designation that applies in the project area.
In section 133(5), replace “Section 171(1) of the Resource Management Act 1991 must be applied as if, for the purpose of applying Part 8 of that Act”
with “Clause 26(1) of Schedule 5 of the Planning Act 2026 must be applied as if, for the purpose of applying Schedule 5 of that Act”
.
Repeal section 133(5A).
In section 133(6), replace “Section 178(2) to (6) of the Resource Management Act 1991 (interim effect of requirements for designations)”
with “Clause 5 of Schedule 5 of the Planning Act 2026 (effect of proposed designation)”
.
In the heading to section 134, replace “notice of requirement for new designations”
with “proposed designation”
.
In section 134(1), (2), (3)(b), and (5), replace “requiring authority”
with “designating authority”
in each place.
In section 134(1), (2), (5), and (6), replace “notice of requirement”
with “proposed designation”
.
In section 134(4), replace “include the requirement”
with “include the proposed designation”
.
In section 134(4)(c), replace “notice of a requirement”
with “a proposed designation”
.
Repeal section 135.
In section 136(2),—
(a)
replace “notice of requirement”
with “proposed designation”
; and
(b)
replace “section 168 of the Resource Management Act 1991”
with “clause 13 of Schedule 5 of the Planning Act 2026”
.
In section 136(3), replace “notice of requirement”
with “proposed designation”
.
Replace section 136(4) with:
(4)
Part 3 of Schedule 5 (but not clause 32 of Schedule 5) of the Planning Act 2026 applies, with the necessary modifications, to a proposed designation or designation, as the case may be.
Replace section 136(5) with:
(5)
The modifications to the Planning Act 2026 provided in section 132(3) to (6) apply to a proposed designation or a designation, as the case requires.
In section 136(7), replace “district plan, as required by section 175 of the Resource Management Act 1991”
with “land use plan, as required by clause 32 of Schedule 5 of the Planning Act 2026”
.
In section 136(8)(b) and (9), replace “district plan”
with “land use plan”
.
In section 136(9), replace “Schedule 1 of the Resource Management Act 1991”
with “Schedule 3 of the Planning Act 2026”
.
In section 144(3)(c), replace “district plan”
with “land use plan”
.
In section 161(3)(d)(ii), replace “resource consent”
with “natural resource permit or planning consent”
.
In section 169(3)(b), replace “network utility operators”
with “core infrastructure operators”
.
In section 220(b)(i), replace “network utility operator”
with “core infrastructure operator”
.
In section 223(1)(a) and (2), replace “resource consent”
with “planning consent”
.
In section 223(1)(a), replace “Resource Management Act 1991”
with “Planning Act 2026”
.
In section 224(1)(a), replace “resource consent”
with “planning consent”
.
In section 232(1)(a), replace “resource consent is granted”
with “planning consent is granted”
.
In section 232(1)(a)(i), replace “section 224(c) of the Resource Management Act 1991”
with “clause 18 of Schedule 7 of the Planning Act 2026”
.
In section 232(1)(a)(ii), replace “resource consent under the Resource Management Act 1991”
with “planning consent under the Planning Act 2026”
.
In section 233(1)(a) and (c), replace “resource consent”
with “planning consent”
.
In section 235(4)(a), replace “resource consent”
with “natural resource permit or planning consent”
.
In section 235(4)(d), replace “section 224(c) of the Resource Management Act 1991”
with “clause 18 of Schedule 7 of the Planning Act 2026”
.
In section 242(2)(a), replace “consent holder, or requiring authority”
with “consent or permit holder, or designating authority”
.
In section 244, replace “resource consent”
with “planning consent”
in each place.
In section 244(1)(c), (d)(iii), and (3), replace “requiring authority”
with “designating authority”
.
In section 244(1)(d)(iii), replace “requirement for a designation”
with “proposed designation”
.
In section 244(1)(g)(ii), replace “section 128(1)(a) or (c) of the Resource Management Act 1991”
with “section 198(1)(a) or (d) of the Planning Act 2026”
.
In section 244(1)(g)(iii), replace “section 128(2) of the Resource Management Act 1991”
with “section 198(2) of the Planning Act 2026”
.
In section 244(1)(h), replace “section 43A(8) of the Resource Management Act 1991”
with “section 58(5)(b) of the Planning Act 2026”
.
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 329(1)(n) of the Planning Act 2026”
.
In section 265(4)(a), replace “resource consent”
with “planning consent or natural resource permit”
.
In section 265(4)(d), replace “section 224(c) of the Resource Management Act 1991”
with “clause 18 of Schedule 7 of the Planning Act 2026”
.
In Schedule 2, clause 2, definition of assets, paragraph (b), replace “resource consents”
with “planning consents”
.
In Schedule 2, clause 2, definition of transferee, paragraph (c), replace “network utility operator”
with “core infrastructure operator”
.
In Schedule 2, clause 8(1)(d), replace “district plan”
with “land use plan”
.
In Schedule 2, clause 10(2)(b), replace “section 10, 10A, 10B, or 20A(2) of the Resource Management Act 1991”
with “sections 26 to 30 of the Planning Act 2026 or section 28 of the Natural Environment Act 2026”
.
In Schedule 2, clause 10(3), replace “Schedule 1 of the Resource Management Act 1991”
with “Schedule 3 of the Planning Act 2026 or section 102 of the Natural Environment Act 2026, which applies that schedule”
.
In Schedule 2, clause 10(3)(a) and (5), replace “resource management objectives”
with “natural resource, land use, or planning objectives”
.
In Schedule 2, clause 10(3)(b), replace “district plans”
with “land use plans”
.
In Schedule 3, replace clause 1(2) with:
(2)
At least 1 member of an IHP must be given authority to conduct a hearing under regulations made under the Planning Act 2026 or the Natural Environment Act 2026.
In Schedule 3, clause 6(1)(b), replace “section 39B of the Resource Management Act 1991 or”
with “the Planning Act 2026 or the Natural Environment Act 2026, or”
.
In Schedule 3, clause 10(b), replace “requiring authority”
with “designating authority”
.
Waitakere Ranges Heritage Area Act 2008 (2008 No 1 (L))
In section 4(2), replace “Resource Management Act 1991, have the same meaning as in that Act”
with “Natural Environment Act 2026 and the Planning Act 2026, have the same meanings as in those Acts”
.
In the cross-heading above section 9, replace “Resource Management Act 1991, Natural Environment Act 2026,”
with “Natural Environment Act 2026”
.
Repeal sections 9, 10, and 11.
In section 9A, insert as subsection (2):
(2)
Subsection (1) does not apply to section 13(1)(a)(ii), 13A(1)(a)(ii), or 15(2)(b).
In section 12(3)(a), replace “clause 22 of Schedule 1 of the Resource Management Act 1991”
with “the Natural Environment Act 2026 or the Planning Act 2026, including regulations made under either of those Acts”
.
In section 12(4), replace “section 65(4) or 73(2) of the Resource Management Act 1991”
with “section 102(3) of the Natural Environment Act 2026 or under section 99(4) of the Planning Act 2026”
.
In section 12(4)(a), replace “regional or district plan”
with “land use plan or natural environment plan”
.
Replace sections 13 to 15 with:
13 Planning consents
(1)
When considering an application for a planning consent for a discretionary activity in the heritage area, a consent authority—
(a)
must have particular regard to—
(i)
the purpose of this Act and the relevant objectives; and
(ii)
the relevant provisions of the national policy direction and objectives and policies in any national standard made under the Planning Act 2026; and
(b)
must consider the objectives having regard to any relevant policies in the land use plan.
(2)
The requirements in subsection (1)(a)(i) are in addition to the requirements in the Planning Act 2026.
(3)
When considering an application for planning consent for a restricted discretionary activity in the heritage area, a consent authority must consider the purpose of this Act and the relevant objectives as if they were matters specified in the plan or proposed plan over which the Council has restricted the exercise of its discretion.
13A Natural resource permits
(1)
When considering an application for a natural resource permit for a discretionary activity in the heritage area, a permit authority—
(a)
must have particular regard to—
(i)
the purpose of this Act and the relevant objectives; and
(ii)
the relevant provisions of the national policy direction and objectives and policies in any national standard made under the Natural Environment Act 2026; and
(b)
must consider the objectives having regard to any relevant policies in the natural environment plan.
(2)
The requirements in subsection (1)(a)(i) are in addition to the requirements in the Natural Environment Act 2026.
(3)
When considering an application for a natural resource permit for a controlled activity or a restricted discretionary activity in the heritage area, a permit authority must consider the purpose of this Act and the relevant objectives as if they were matters specified in the plan or proposed plan over which the Council has reserved its control or has restricted the exercise of its discretion.
14 Conditions on permits and consents
(1)
If a permit authority grants a natural resource permit for an activity in the heritage area, it may impose conditions on the permit under section 177 or 178 of the Natural Environment Act 2026 that relate to 1 or more of the heritage features or the objectives.
(2)
If a consent authority grants a planning consent for an activity in the heritage area, it may impose conditions on the consent under sections 177 and 178 of the Planning Act 2026 that relate to 1 or more of the heritage features or the objectives.
15 Designations
(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 designation under clauses 26, 28, 30, 31, 46, 47, 49, and 50 of Schedule 5 of the Planning Act 2026.
(2)
The person, when making the decision or recommendation, must have particular regard to—
(a)
the purpose of this Act and the objectives; and
(b)
the relevant provisions of the national policy direction and objectives and policies in any national standard made under the Planning Act 2026.
(3)
The requirements in subsection (2)(a) are in addition to the requirements in the Planning Act 2026.
Repeal section 16.
In section 16A(3)(b), (c), and (d), replace “sections 9B, 9C, and 11A”
with “sections 9B to 15”
.
Repeal section 18.
Repeal section 28.
Replace section 35(b) with:
(b)
any statutory acknowledgement included in any enactment and listed in Schedule 7 of the Natural Environment Act 2026 or Schedule 13 of the Planning Act 2026:
Repeal section 36.
Water Services Act 2021 (2021 No 36)
Replace section 3(1)(b) with:
(b)
providing a source water risk management framework that, together with the Natural Environment Act 2026, and national instruments and regulations made under that Act, enables risks to source water to be properly identified, managed, and monitored; and
In section 5, repeal the definition of National Policy Statement for Freshwater Management.
In section 41, replace “Resource Management Act 1991, regulations made under that Act, and the National Policy Statement for Freshwater Management”
with “Natural Environment Act 2026 and national instruments and regulations made under that Act”
.
Replace section 43(2)(d) with:
(d)
have regard to any values identified by local authorities under the national instruments made under the Natural Environment Act 2026 that relate to a freshwater body that the supplier uses as a source of a drinking water supply.
In the heading to section 65, replace “requirements of Part 3 of Resource Management Act 1991”
with “certain requirements of Natural Environment Act 2026 or Planning Act 2026”
.
In section 65(1), replace “Part 3 of the Resource Management Act 1991”
with “subpart 2 of Part 2 of the Natural Environment Act 2026 or subpart 2 of Part 2 of the Planning Act 2026”
.
In section 65(2)(a), after “consent authority”
, insert “or permit authority”
.
In section 65(4), replace “resource consent”
with “natural resource permit or planning consent”
.
In section 65(4), after “consent authority”
, insert “or permit authority”
in each place.
In section 66(1), replace “Part 3 of the Resource Management Act 1991”
with “subpart 2 of Part 2 of the Natural Environment Act 2026 or subpart 2 of Part 2 of the Planning Act 2026”
.
In section 67, replace “Part 3 of the Resource Management Act 1991”
with “subpart 2 of Part 2 of the Natural Environment Act 2026 or subpart 2 of Part 2 of the Planning Act 2026”
.
In section 97C, insert in their appropriate alphabetical order:
natural resource permit has the same meaning as in section 133 of the Natural Environment Act 2026
planning consent has the same meaning as in section 130 of the Planning Act 2026
In section 106(1), replace “sections 9, 12, 13, 14, and 15 of the Resource Management Act 1991”
with “sections 20 to 24 of the Natural Environment Act 2026 or sections 21 and 22 of the Planning Act 2026”
.
In section 106(1)(a), after “consent authority”
, insert “or permit authority”
.
In section 138(2A)(b), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
In section 138(2A)(c), after “consent authority”
, insert “or permit authority (as relevant)”
.
In section 138(2A)(c)(i), replace “resource consent”
with “natural resource permit or planning consent”
.
In section 138(2A)(c)(ii), replace “limited notification of an application for a resource consent”
with “targeted notification of an application for a natural resource permit or planning consent”
.
Repeal section 138B.
In section 139A(3A)(b), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
In section 139A(3A)(c), after “consent authority”
, insert “or permit authority (as relevant)”
.
In section 139A(3A)(c)(i), replace “resource consent”
with “natural resource permit or planning consent”
.
In section 139A(3A)(c)(ii), replace “limited notification of an application for a resource consent”
with “targeted notification of an application for a natural resource permit or planning consent”
.
Repeal section 139B.
In section 139C(2)(a) and (d)(i), replace “resource consent”
with “natural resource permit or planning consent”
.
In section 139C(2)(c), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 or the Planning Act 2026”
.
In section 139C(2)(d), after “consent authority”
, insert “or permit authority (as relevant)”
.
Replace section 139C(2)(d)(ii) with:
(ii)
targeted notification of an application for a natural resource permit or planning consent.
Repeal section 139D.
In section 141(a)(ii), replace “resource consent”
with “natural resource permit under the Natural Environment Act 2026 or planning consent under the Planning Act 2026”
.
In section 147(1)(b), replace “resource consent”
with “natural resource permit under the Natural Environment Act 2026 or planning consent under the Planning Act 2026”
.
Wellington Regional Council (Water Board Functions) Act 2005 (2005 No 1 (L))
In section 3, replace the definition of renewable energy with:
renewable energy means energy produced from solar, wind, hydro, geothermal, biomass, tidal, wave, and ocean current sources
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 23 and Schedule 7 of the Planning Act 2026”
.
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 3 of the Natural Environment Act 2026”
.
In section 25(3), replace “section 11 and Part 10 of the Resource Management Act 1991”
with “section 23 and Schedule 7 of the Planning Act 2026”
.
Whakatane Paper Mills, Limited, Water-supply Empowering Act 1936 (1936 No 7 (P))
In section 24A(b), replace “Resource Management Act 1991”
with “Natural Environment Act 2026 and the Planning Act 2026”
.
Part 6Amendments to Acts that commence on date set by Order in Council made under section 2(6)
Energy Efficiency and Conservation Act 2000 (2000 No 14)
Repeal section 11.
Environment Act 1986 (1986 No 127)
In section 2, definition of consent, repeal paragraph (c).
In Schedule 2, repeal the item relating to the Resource Management Act 1991.
In Schedule 3, repeal the item relating to the Resource Management Act 1991.
Environmental Protection Authority Act 2011 (2011 No 14)
In section 5, replace the definition of environment with:
environment includes—
(a)
ecosystems and their constituent parts, including people and communities; and
(b)
all natural and physical resources; and
(c)
amenity values; and
(d)
the social, economic, aesthetic, and cultural conditions that affect the matters stated in paragraphs (a) to (c) or that are affected by those matters
In section 5, definition of environmental Act, repeal paragraph (e).
In section 5, replace the definition of natural and physical resources with:
natural and physical resources has the meaning given in section 3 of the Natural Environment Act 2026
In section 13(c)(iia), delete “the Resource Management Act 1991 or”
.
Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72)
Repeal section 7(2)(l).
Replace section 116(3) with:
(3)
Schedule 9 of the Planning Act 2026 applies as if the application were made under section 261 of that Act.
Replace section 129(3) with:
(3)
Schedule 9 of the Planning Act 2026 applies as if the application were made under section 271 of that Act.
In section 131, replace “Sections 299 to 308 of the Resource Management Act 1991”
with “Clauses 75 to 84 of Schedule 9 of the Planning Act 2026”
.
In section 158(6), replace “section 279(3)(a) of the Resource Management Act 1991”
with “clause 17 of Schedule 9 of the Planning Act 2026”
.
In section 158(7), replace “section 279(3)(b) of the Resource Management Act 1991”
with “clause 17 of Schedule 9 of the Planning Act 2026”
.
Fast-track Approvals Act 2024 (2024 No 56)
In Schedule 3, clause 4(3), replace “who is accredited under section 39A of the Resource Management Act 1991”
with “who has been accredited in accordance with any regulations made under the Planning Act 2026 or the Natural Environment Act 2026”
.
Fisheries Act 1996 (1996 No 88)
Repeal section 11(2)(a).
Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26)
In section 6, definition of Environment Court, replace “section 2(1) of the Resource Management Act 1991”
with “section 3 of the Planning Act 2026”
.
In section 6, repeal the definitions of heritage order and heritage protection authority.
In section 6, definition of statutory acknowledgement, replace “Schedule 11 of the Resource Management Act 1991”
with “Schedule 13 of the Planning Act 2026 or Schedule 7 of the Natural Environment Act 2026”
.
In section 7(b)(ii), delete “, including the power to be a heritage protection authority under Part 8 of the Resource Management Act 1991”
.
Repeal section 21(j).
Replace section 58(3)(b) with:
(b)
state any matters that are prescribed in regulations made under—
(i)
the Planning Act 2026, for appeals made under section 181 of that Act; and
(ii)
the Natural Environment Act 2026, for appeals made under section 182 of that Act; and
In section 58(4), replace “Resource Management Act 1991”
with “Planning Act 2026 and the Natural Environment Act 2026”
.
In section 59(2), replace “Resource Management Act 1991”
with “Planning Act 2026 and the Natural Environment Act 2026”
.
Repeal section 59(5).
In section 65(3)(c), replace “Resource Management Act 1991, the Natural Environment Act 2026,”
with “Natural Environment Act 2026”
.
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—
(a)
section 259 of the Planning Act 2026, and sections 260(1) to (3), 262, 263, 265, and 266 of that Act apply to an application, except as those provisions are modified by this section or section 93; or
(b)
section 255 of the Natural Environment Act 2026, and sections 256(1) to (3), 258, 259, 261, and 262 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 6 of the Planning Act 2026 or Part 6 of the Natural Environment Act 2026”
.
In section 92(5), replace “section 320 of the Resource Management Act 1991”
with “section 265 of the Planning Act 2026 or section 261 of the Natural Environment Act 2026”
.
In section 92(6)(b), replace “section 320(5) of the Resource Management Act 1991”
with “section 265(6) of the Planning Act 2026 or section 261(6) of the Natural Environment Act 2026”
.
In section 92(6)(c), replace “section 321 of the Resource Management Act 1991”
with “section 266 of the Planning Act 2026 or section 262 of the Natural Environment Act 2026”
.
In section 92(7), replace “Part 11 of the Resource Management Act 1991”
with “Schedule 9 of the Planning Act 2026 and section 248 of the Natural Environment Act 2026”
.
Inquiries Act 2013 (2013 No 60)
In Schedule 1, repeal the item relating to the Resource Management Act 1991.
Land Transport Management Act 2003 (2003 No 118)
Repeal section 19B(b)(v).
Repeal section 20(3)(a)(ii).
Repeal section 22G(1)(b)(iii).
Repeal section 67(1)(b)(ii).
Replace section 140(7) and (8) with:
(7)
Schedule 9 of the Planning Act 2026, and any regulations made under that Act that relate to that schedule, apply to an appeal under this section with all necessary modifications.
(8)
A notice of appeal must state any matters that regulations made under the Planning Act 2026 require to be stated in the case of an appeal under section 181 of that Act.
Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3)
Repeal section 62(1)(d)(ii).
Repeal section 77.
Maritime Transport Act 1994 (1994 No 104)
In section 464(2), delete “the Resource Management Act 1991,”
.
Water Services Authority—Taumata Arowai Act 2020 (2020 No 52)
In section 4, repeal the definition of National Policy Statement for Freshwater Management.
In section 4, definition of water, paragraph (a), replace “section 2(1) of the Resource Management Act 1991”
with “section 3 of the Natural Environment Act 2026”
.
Repeal section 5(f)(ii)(A).
Part 7Amendments to secondary legislation that commence on day after this Act receives Royal assent
Biosecurity (National PA Pest Management Plan) Order 2022 (SL 2022/208)
After clause 26(d), insert:
(e)
regulating earthworks under its natural environment plan under the Natural Environment Act 2026 or its land use plan under the Planning Act 2026.
Fast-track Approvals (Cost Recovery) Regulations 2025 (SL 2025/3)
In regulation 3, definition of Māori consultation group, paragraph (b), delete “Mana Whakahono ā Rohe or”
.
Fisheries (Aquaculture Compensation Methodology) Regulations 2012 (SR 2012/335)
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 (Kaimoana Customary Fishing) Regulations 1998 (SR 1998/434)
After regulation 16(2)(a), insert:
(aa)
may be treated as a planning document recognised by an iwi authority for the purposes of the Natural Environment Act 2026, if it meets the requirements of that Act:
(ab)
may be treated as a planning document recognised by an iwi authority for the purposes of the Planning Act 2026, if it meets the requirements of that Act:
Fisheries (South Island Customary Fishing) Regulations 1999 (SR 1999/342)
After regulation 16(2)(a), insert:
(aa)
may be treated as a planning document recognised by an iwi authority for the purposes of the Natural Environment Act 2026, if it meets the requirements of that Act:
(ab)
may be treated as a planning document recognised by an iwi authority for the purposes of the Planning Act 2026, if it meets the requirements of that Act:
Local Government (Natural Hazard Information in Land Information Memoranda) Regulations 2025 (SL 2025/68)
In regulation 3, insert in their appropriate alphabetical order:
land use plan—
(a)
has the meaning given in section 3 of the Planning Act 2026; and
(b)
includes a proposed land use plan that has been notified under that Act
regional spatial plan—
(a)
has the meaning given in section 3 of the Planning Act 2026; and
(b)
includes a draft regional spatial plan that has been notified under that Act
Replace regulation 8(1)(a)(i) with:
(i)
the natural hazard information provided under regulation 12 under a heading that identifies the information as being sourced from the territorial authority’s district plan, land use plan, or relevant regional spatial plan (if applicable); and
In the heading to regulation 12, after “district plan”
, insert “, land use plan, or relevant regional spatial plan”
.
In regulation 12(1), after “district plan”
, insert “, land use plan, or relevant regional spatial plan”
in each place.
Resource Management (Infringement Offences) Regulations 1999 (SR 1999/359)
In Schedule 1, in the heading to the third column, replace “(individual)”
with “(natural person)”
.
In Schedule 1, in the heading to the fourth column, replace “(company)”
with “(other person)”
.
In Schedules 2 and 3, under the heading “Payment of infringement fee”
, delete “Payments by cheque should be crossed “Not Transferable”.”
.
Water Services (Wastewater Environmental Performance Standards) Regulations 2025 (SL 2025/258)
In regulation 4, replace the definition of drinking water supply protection area with:
drinking water supply protection area means an area that is designated for the purpose of protecting a drinking water supply by—
(a)
a regional plan, proposed regional plan, or proposed natural environment plan under the Natural Environment Act 2026; or
(b)
a district plan, proposed district plan, or proposed land use plan under the Planning Act 2026
In regulation 4, definition of site of cultural significance, paragraph (c), after “regional policy statement,”
, insert “regional spatial plan under the Planning Act 2026,”
.
In regulation 6(3), replace the definition of relevant document with:
relevant document means—
(a)
a regional policy statement, proposed regional policy statement, regional plan, proposed regional plan, or proposed natural environment plan under the Natural Environment Act 2026; or
(b)
a district plan, proposed district plan, or proposed land use plan under the Planning Act 2026; or
(c)
a regional spatial plan or proposed regional spatial plan under the Planning Act 2026
In regulation 7(3), replace the definition of relevant document with:
relevant document means—
(a)
a regional policy statement, proposed regional policy statement, regional plan, proposed regional plan, or proposed natural environment plan under the Natural Environment Act 2026; or
(b)
a district plan, proposed district plan, or proposed land use plan under the Planning Act 2026; or
(c)
a regional spatial plan or proposed regional spatial plan under the Planning Act 2026
Schedule 13 Statutory acknowledgements
Legislative history
9 December 2025 |
Introduction (Bill 235–1) |
|
16 December 2025 |
First reading and referral to Environment Committee |
|
20 July 2026 |
Reported from Environment Committee (Bill 235–2) |
|
4 August 2026 |
Second reading |
|
25 August 2026 |
Committee of the whole House (Bill 235–3) |
|
22 September 2026 |
Third reading |
|
30 September 2026 |
Royal assent |
This Act is administered by the Ministry for Cities, Environment, Regions, and Transport.
Versions
Planning Act 2026
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